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PROCEEDINGS OF THE LEGISLATURE - Yates County

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PROCEEDINGS OF THE LEGISLATURE - Yates County Powered By Docstoc
					         PROCEEDINGS

              of the

         LEGISLATURE

              of the

        COUNTY OF YATES

               2009




   CHAIRMAN   ROBERT N. MULTER
                MIDDLESEX, N.Y.

CLERK   CONNIE C. HAYES
               PENN YAN, N.Y.
10               PROCEEDINGS OF THE LEGISLATURE




     MEMBERS OF THE YATES COUNTY LEGISLATURE

     DISTRICT #1 (Italy, Middlesex, Jerusalem)
     Donna P. Alexander, 1221 Garden Lane, Middlesex, NY 14507
     Robert N. Multer, 6004 N. Vine Valley Rd., Middlesex, NY
     Douglas Paddock, 2812 Wager Hill Rd., Penn Yan, NY
     H. Taylor Fitch, 3120 Kinneys Crs. Rd. Keuka Park, NY 14478

     DISTRICT #2 (Benton, Potter, Torrey)
     Timothy J. Dennis, 3550 Old County Rd., Penn Yan, NY
     Richard L. Willson, 1657 Bellona Station Rd., Penn Yan, NY
     Donald F. House, 2752 Ferguson Cnrs. Rd. Penn Yan, NY

     DISTRICT #3 (Milo 1, 2, 3, 5, 6)
     Deborah Y. Flood, 425 North Ave., Penn Yan, NY 14527
     Daniel Banach, 326 Elm St., Penn Yan, NY 14527
     Robert Nielsen, 21 Hillcrest, Penn Yan, NY
     Nancy S. Taylor, 12 Rosewood Drive, Penn Yan, NY

     DISTRICT #4 (Barrington, Milo 4, Starkey)
     James P. Multer, 2097 Hobson Rd., Penn Yan, NY
     Steven Webster, 3414 Plum Pt. Rd. N., Himrod, NY 14842
     William R. Holgate, 75 S. Glenora Rd., Dundee, NY 14837
                 COUNTY OFFICERS

  COUNTY JUDGE…………………………….W. PATRICK FALVEY

  COUNTY TREASURER…………………………….BONNIE PERCY

  DISTRICT ATTORNEY…………….………SUSAN LINDENMUTH

  SHERIFF………………………………….………RONALD G. SPIKE

  PROBATION OFFICER………………………...KRISTINE LAROCK

  SUPERINTENDENT OF HIGHWAYS………….DAVID HARTMAN

COMMISSIONER OF
  SOCIAL SERVICES………………………………NANCY L. GATES

  COUNTY CLERK…………………………………...JULIE D. BETTS

  COUNTY ATTORNEY……………………BERNETTA A. BOURCY

  CLERK OF LEGISLATURE…………….………CONNIE C. HAYES

  COUNTY SEALER…………………………………...PAUL S. COON

  ELECTION COMMISSIONERS………………...  AMY DAINES
  ………………………………             .………ROBERT BRECHKO

  VETERANS‟ SERVICE AGENT……………...P. EARLE GLEASON

OFFICE OF EMERGENCY
  MANAGEMENT……………………………………...GLEN MILLER

  JURY COMMISSIONER………………………...MEG DIMARTINO

                   CORONERS
GARY L. BOARDMAN…………   ………….………JOHN COOLEY SR.

THERON SMITH…………………………………DOUG MARCHIONDA JR.
12                                    PROCEEDINGS OF THE LEGISLATURE


     YATES COUNTY LEGISLATURE – 2009



     Chairman, Robert Multer             Clerk, Connie C. Hayes
     Vice Chairman, H. Taylor Fitch

                                             STANDING COMMITTEES

     Finance – T. Fitch Chair, D. Paddock Vice Chair, R. Nielsen, R. Willson, D. House
     Real Property
     Budget/Capital Planning         Economic Development
     Treasurer          Airport Council
     Purchasing           Tobacco Securitization Board
     Planning/Historian and Records Management

     Government Operations–N. Taylor Chair, R. Nielsen Vice Chair, D. Alexander, D. Banach, J. Multer
     Administrator                                          County Clerk
     Legislature                                            Elections
     Personnel Insurance/Risk Management
     County Attorney                                        Cooperative Extension
     Soil & Water Conservation

     Human Services – D. Paddock, Chair, D. Flood Vice Chair, T. Dennis, T. Fitch, D. House
     Community Services                                      Youth Bureau
     Social Services                                         ProAction
     Public Defender                                         Public Health
     Workforce Development                                   Veterans Services

     Public Safety – D. Alexander, Chair, N. Taylor Vice Chair, S. Webster, W. Holgate, T. Dennis
     District Attorney                                          Emergency Management
     Justices                                                   Sheriff
     Jail                                                       Coroners
     Animal Control                                             Probation
     Communications                                             Stop DWI

     Public Works – W. Holgate Chair, S. Webster Vice Chair, R. Willson, J. Multer, D. Banach
     Highway                                                 Weights & Measures
     Building & Grounds                                      Recycling

     Ad Hoc Consolidation Committee – R. Nielsen Chair, D. Alexander

     Audit Committee – T. Fitch Chair, J. Multer Vice Chair, D. Flood, S. Webster, R. Nielsen

     Soil & Water Board - Willson, Paddock

     ProAction Board - Alexander         Jury Board – Holgate

     Inter County - Alexander                                     Flint Creek – Dennis
     Airport - Fitch                                              Extension - Holgate

     Youth – Flood                                                IDA – Fitch

     Solid Waste – R. Multer                                      Law Library – Dennis
                               2009 YATES COUNTY LEGISLATURE




Seated left to right: H. Taylor Fitch, Vice Chair, Robert N. Multer, Chairman, Connie C. Hayes, Legislative Clerk,
Steven E. Webster

Standing left to right: Richard L. Willson, Douglas Paddock, Sarah Purdy, County Administrator, Donald F. House,
Donna P. Alexander, Timothy J. Dennis, Nancy S. Taylor, Robert H. Nielsen, Daniel Banach, William R. Holgate,
and James P. Multer.
14                                   PROCEEDINGS OF THE LEGISLATURE


                                                             2009

                                                  PROCEEDINGS OF THE

                                                       LEGISLATURE

                                                           OF THE

                                                    COUNTY OF YATES


                             RULES OF PROCEDURE – YATES COUNTY LEGISLATURE

     1.   ORGANIZATION MEETING: The Legislature shall meet for organization on or before the 8th day of
          January of each even numbered year.

          MONTHLY MEETINGS: This Legislature shall meet for the transaction of such business as may be brought
          before it at 1:00 p.m. on the second Monday of each month. No claims shall be audited at such meetings unless
          they have been filed with the County Treasurer on the Monday preceding the meeting.

          SPECIAL MEETINGS: Special meetings may be called by the Chairman/Chairwoman when he deems
          necessary and upon three days notice of each legislator.

     2. The following Standing Committees shall be appointed by the Chairman/Chairwoman and shall consist of five
          members each. One (1) Legislator shall be appointed as representative to the Cooperative Extension
          Association, two (2) Legislators shall be appointed to the Soil & Water Conservation District, one (1) Legislator
          to the Flint Creek Board and three (1) Legislator to Inter-County Association of Western New York (1)
          Legislator to Airport Council (1) Legislator to ProAction (1) Legislator to Yates County Industrial Development
          Agency (2) Legislators to Western Finger Lakes Solid Waste Authority

                                                 STANDING COMMITTEES

     Finance
     Real Property
     Budget/Capital Planning         Economic Development
     Treasurer          Airport Council
     Purchasing          Tobacco Securitization Board
     Planning

     Government Operations
     Administrator                                                  County Clerk
     Legislature                                                    Elections
     Personnel Insurance/Risk Management                            County Attorney
     Cooperative Extension
     Soil & Water Conservation

     Human Services
     Community Services                                             Youth Bureau
     Social Services                                                ProAction
     Public Defender                                                Public Health
     Workforce Development                                          Veterans Services

     Public Safety
     District Attorney                                              Emergency Management
     Justices                                                       Sheriff
Jail                                                            Coroners
Animal Control                                                  Probation
Communications                                                  Stop DWI

Public Works
Highway                                                         Weights & Measures
Building & Grounds                                              Recycling

Soil & Water Board           Planning Board
ProAction Board            Jury Board
Inter County                                                    Flint Creek
Airport                                                         Extension
Youth                                                           IDA
Solid Waste

3.   The Legislature shall elect a Chairman/Chairwoman at the biennial Organization Meeting. A Majority of the
     full voting strength shall be required to elect the Chairman/Chairwoman.

4.   Such special or select committees may be appointed as the Legislature may deem necessary, all of which shall
     be appointed by the Chairman/Chairwoman and consist of three members, unless otherwise ordered by the
     Legislature. The Chairman/Chairwoman of the Legislature shall be an ex-officio member of each of the
     Committees of the Board.

5.   Agenda for each meeting shall be prepared by the Chairman/Chairwoman and the Clerk and be provided to each
     Legislator at least 3 days prior to the meeting. Information concerning any topic that calls for discussion by the
     Legislature must be provided to members at least 3 days prior to the meeting. Items not listed upon the agenda
     may be tabled until the following meeting by a vote of 1/3 of the Legislators present.

6.   At each meeting the order of business shall include:
     (1) Pledge of Allegiance
     (2) Roll Call
     (3) Approve of minutes
     (4) Presentation of the audits
     (5) Presentation of petitions and communications
     (6) Report of Special Committees
     (7) Report of Standing Committees
     (8) Resolution, motions and notices
     (9) Unfinished business
     (10) Special order of the day

7.   The Chairman/Chairwoman shall preserve order and decorum and shall decide upon all questions of order,
     subject to an appeal to the Legislature. A member called to order shall immediately come to order. If a
     Legislator appeals a decision of the Chair, the Legislature, by majority vote, shall decide the case without
     debate.

8.   The Chairman/Chairwoman shall, in all cases, have the right to vote, and when the vote is equally divided,
     including his/her vote, the question shall be lost. For approval, resolutions must receive a simple majority vote
     of the full voting strength of the Legislature.

9.   Every member, previous to his/her speaking, shall be recognized by the Chair. When two or more members
     wish to speak at once, the Chairman/Chairwoman shall name the member to speak first.

10. Persons not members of the Legislature may, by consent of the Chairman/Chairwoman, be permitted to speak in
    regard to matters pending before the Legislature.
16                                   PROCEEDINGS OF THE LEGISLATURE


     11. After a motion is stated, it shall be in the possession of the Legislature, but may be withdrawn at any time
         before the decision or amendment.

     12. A roll call vote shall be taken and entered in the minutes (1) when required by law; (2) if requested by any
         Legislators; (3) whenever there is a spoken “no” vote.

     13. A motion to reconsider shall be in order only if presented by a member of the majority deciding the issue and a
         second by any member of the Legislature.

     14. The report of the Finance Committee presenting the proposed annual budget shall be laid on the table at least
         one day before being offered for adoption.

     15. All auditing committees shall complete the audit of all bills prior to 12:00 p.m. of the day of the meeting.

     16. A motion to adjourn is non-debatable and shall be approved upon a majority of those members present.

     17. These Standing Rules may be changed only by unanimous consent during the meeting where first proposed.
         Such changes may be made by majority vote at a regular meeting subsequent to the one where first proposed.

     The current edition of “Roberts Rule of Order, Newly Revised”, shall be the parliamentary guide and authority in
     matters not contained in these rules.
                                PROCEEDINGS OF THE LEGISLATURE                                                         9



                            REGULAR SESSION – MONDAY, JANUARY 12, 2009

The Yates County Legislature convened in regular session, Monday, January 12, 2009 in the Legislative Chambers
at 1:00 p.m., Chairman Robert Multer presiding, Legislator Holgate was absent.

Chairman Multer welcomed everyone to the first meeting of 2009. Chairman Multer stated that as we start a new year he
looks back at 2008 with confidence that we were successful in continuing to provide the services that we are responsible
for professionally, efficiently, and without exceeding our budget. Most of the success we achieved is a result of the
dedication and hard work of our employees, so it is appropriate that our first meeting of 2009, we take time to recognize
some of our employees who have reached milestones in the length of service. Chairman Multer asked that Wendy
Gibson, Personnel Officer and Kim Fitzgerald, Personnel Assistant join him. The following employees were recognized.

5 Years     10 Years 15 Years 20 Years
William Bacher Ted Archer       Scott Backer Nick DiRiso
Lois Hall Diane Caves        Ed Brockman Sue Yonts
Tom Harrian Kevin Crofoot        Holly Lafler
Gale Jensen David Hartman       Kris LaRock 25 Years
Cynthia Kuhner Joseph Prunoske       oree Martin Paul Cook
Dayna Meyers Helen Scarpechi         Laurie McMillan Don Danforth
James Palmer Andrew Siwak        Sherry Morse J. Edgar Emerson Jr.
Robert Quayle, III Sue DeLaire Brad Quayle Deb Rogers
Lynda Rossi           Frank Ryan Tom Simonsen
David Smith           Charles Ryder
            Jeff Snyder 30 Years
                  Nancy Gates


At this time Kurt Frenzel and Joe Starks from ECC Technologies gave a report on the Yates County
Telecommunications Study.

Mr. Frenzel explained that Yates County contracted with ECC Technologies, Inc. as its consultant to inventory,
assess and make recommendations regarding the County‟s current telecommunications infrastructure and services.
This information will be used by the County primarily for telecommunications advancement with a focus on county
planning and economic development. The information in this study will define areas that are in need of assistance
and make recommendations on bridging the digital divide.

The objectives of the Yates County Telecommunications Study were:
     Inventory telecommunications infrastructures and services.
     Assess the telecommunications needs of the County‟s municipal, educational, healthcare, and business
        organizations.
     Provide telecommunications related marketing information for economic development.
     Evaluate the economic opportunities and benefits of various telecommunications infrastructure investments.
     Identify County telecommunications strengths and weaknesses.
     Provide telecommunications improvement recommendations.

Conclusions
For the most part we have found that Yates County is not unlike many other rural counties in New York State.
Widespread investment in telecommunications infrastructure has been made in the more developed areas of the
County while the more rural areas have fallen behind. Considerable fiber infrastructure has been installed
throughout the County by several telecommunications providers. This infrastructure as well as wireless
infrastructure is predominantly installed along transportation corridors and provides services to the more developed
areas of the County.
10                                   PROCEEDINGS OF THE LEGISLATURE


     The cellular industry in the county has focused their attention primarily on Penn Yan and the southern parts of the
     County. Investment by the industry in County infrastructure has come at a slow pace. There is one local wireless
     ISP however which has stated they can provide more competition and diversity of service in areas that have land line
     based broadband access and new services to those that don‟t currently have it.

     Focus groups voiced a number of common concerns and issues including lack of competition, high cost of service,
     low reliability of services, and a lack of availability to broadband and wireless services. The groups indicated that
     the competitiveness of the County was directly impacted by the current telecommunications profile. Organizations
     within the County such as Keuka College and the Soldiers and Sailors Hospital have expressed a strong interest in
     developing projects that would bring needed high capacity infrastructure into their areas. With the recent
     announcement of state grants by the governor of New York State designed specifically for developing broadband
     infrastructure it appears that funding for these types of projects will become more available.

     Development in the waterfront areas was cited as a key focus for economic development. Any future development
     of these areas should require that access to affordable and reliable high speed broadband is available. Since many of
     the quality of life components that would attract culturally compatible businesses and residents into Yates County
     are already in existence, affordable broadband access would be an added benefit.

     At this time it is our opinion that without active support of the municipal organizations across the County that the
     telecommunications profile will not experience significant improvements in the foreseeable future.

     Recommendations and Considerations
     ECC believes there are a number of strategies that can assist in the development of telecommunications throughout
     the County.

             Maintain the telecommunications GIS information and create policies to use information for economic
              development and county planning
             Host industry seminars and workshop events/days to promote community awareness and establish
              professional relationships with telecommunications industry representatives.
             To facilitate real change the County will need to take an active approach to improve current
              telecommunications. The first step is to establish a formal County telecommunications action team to
              provide focus and direction. Following are a number of potential team initiatives.
                   1. Meet with incumbents telecommunications companies and develop a relationship to address and
                      resolve issues reported in the County. Identify opportunities with the telecommunications carriers
                      to expand broadband and develop desired solutions within the County.
                   2. Pursue broadband grant opportunities for rural area broadband access, such as the new NYS broad
                      access grant and the FCC community connect program.
                   3. Work with local service providers in the development of alternative broadband access, especially in
                      remote areas that have been overlooked by the incumbents. Form partnerships with local
                      organizations that have infrastructure that can be used for multiple purposes.
                   4. Consider the establishment of a County-wide franchise program versus one that is based on
                      individual towns and villages.
                   5. Aggregate demand of service by bringing organizations together on the negotiation of service and
                      type of infrastructure.

             Consider investigating broadband over power lines as a pilot initiative. However do not commit taxpayer
              dollars until the technology is proven and not problematic in a “test site” community.
             Consider assessing of county EMS infrastructure. Future upgrades and expansion may present an
              opportunity for excess capacities to increase broadband access for County use. In addition consider current
              cost of leasing EMS tower space vs. buying towers. It should be noted that during the study system issues
              were identified. Planning and funding to make the necessary improvements may be required.
                                 PROCEEDINGS OF THE LEGISLATURE                                                             11


        Explore opportunities to collaborate with the Finger Lakes Regional Telecommunications Development
         Corp (FLRTDC) to bring infrastructure fiber/wireless to Penn Yan and select areas of the County. Support
         the application for Grant funds needed to develop similar programs in the Yates County area.

Ms. Purdy stated there is no doubt in her mind that the providers are missing the mark in terms of their assessment of
the needs of the business, education, private sector, residential, and governmental communications in this county.
Not only do we have a higher education component in Keuka College, they are trying to conduct the business of
education internationally but one of the backbones of our economy, namely wineries, are also trying to conduct
nationally as well as internationally. Ms. Purdy went on to say that she doesn‟t have a lot of patience for the
providers philosophy that because we don‟t have the critical mass they are not going to do anything for us.

Sarah stated that she could not help but notice in the executive summary that there are four areas in our county
namely Potter, Benton, parts of Jerusalem, and Italy that do not have adequate coverage at all. That is a serious
concern. Sarah stated that she does not know what the next step would be, but is thinking that the next step is for the
same group of people that was coming together before to continue their efforts, and see where we can go with the
information that has been provided. Perhaps we may need to bring in some outside expertise from time to time as
we move forward. There is no reason why we can‟t start putting some pressure on.

Chairman Multer asked for a report of the auditing committees they were approved as presented. Totals reflect 2008
and 2009 payments.

       2008    2009
Airport                              $ 51,258.85               $   357.21
Finance                              $ 12,720.21               $ 2,292.17
Flint Creek                          $    463.39
Government Operations                $ 43,084.87               $ 76,999.39
Human Services                       $497,606.51               $ 3,125.00
Prior To Audit                       $ 65,511.04
Public Safety                        $174,120.27               $    705.00
Public Works                         $124,009.82               $ 92,610.69

COMMITTEE REPORTS
Mrs. Alexander reported in connection with recognizing our employees she will be introducing a resolution number
1-09 later on. Mrs. Alexander feels it is appropriate that this be the first resolution of the year and it is going to be
acknowledging some Sheriff Department employees.

Mr. Paddock reported that Yates County Public Health was recently recognized by the New York State Department
of Health as a New York State Immunization Information System Champion by taking special efforts in
implementing the New York State Immunization Information System. The goal of this system is to establish a
complete, accurate, secure and real-time immunization record for children and consented adults.

While New York State requires that all children 18 years of age and under have their immunizations entered into this
system, Yates County Public Health recognizes the value of this system for all ages, and has therefore taken the
extra effort to obtain consent for over 1,000 adults who received vaccination in 2008. Public Health also recognizes
the importance of working collaboratively with our private providers as they endeavor to incorporate this new
system into their daily practice.

So we also wish to recognize the Prevent Team at Public Health for their work and commitment to making this a
successful system.
12                                     PROCEEDINGS OF THE LEGISLATURE


     Mr. Fitch stated he would like to bring to everyone‟s attention a resolution that he will be presenting a little later on
     resolution 35-09. This resolution has to do with the Empire Zone Program. Last month Mr. Fitch presented a
     resolution in regards to the IDA‟s and how their ability to bond for not-for-profits may be eliminated. Now, we
     have only had an Empire Zone for less than a year and the new Governor and some of the state legislators want to
     limit what the Empire Zones can do. Mr. Fitch feels this is a false idea because the only way we are going to move
     forward in this country is through economic development and the creation of jobs.

     Mrs. Flood recognized the heroic efforts of everyone who contributed to the Food for the Needy, Christmas for the
     Needy, all the work the churches did, and all the work that the volunteers did. The number of people that
     contributed was overwhelming. Many of the people that benefited from the items that they could pick up were
     overwhelmed with the number of people there helping. Social Service‟s also spent extra time working to recognize
     the needs of teenagers and those kinds of things. One of the County‟s greatest resources is the amount of caring that
     we have for our neighbors.

     Sheriff Spike asked if he could address the legislature and made the following statement.

     As the Public Safety Committee members know last week I presented impacts to them on the Governor‟s proposed
     budget and I feel that for the February meeting this entire legislature needs to consider a resolution to go on record
     in at least one specific area to seek relief telling the state that the parole violator issue needs fixing - for to take away
     ALL funding is just wrong, and not fair to the county taxpayer. .

     The Yates County jail continues to house parole violators, including parole violators held on technical charges and
     parole violators who have become state-ready and are awaiting transfer to a state correctional facility. The average
     length of stay for a parole violator is 60 to 120 days before final hearing, and release back to DOCS. Although a
     recent one was held 45 days.

     I think it important to know that there are sixty-nine state correctional facilities, in addition to the 902-bed Willard
     Drug Treatment in adjoining Seneca County, New York, meaning that there is a state correctional facility very near
     us.

     The number of inmates incarcerated in state prisons has been reduced so significantly in recent years that the
     Governor and some members of the New York State Legislature have called for closing of some state correctional
     facilities.

     As far as I am concerned inmates held on parole violations have always been considered a State responsibility,
     although the State reimburses us $37.60 a day which as you know is only a portion of the housing costs incurred in
     maintaining these inmates, while their parole revocation proceedings are held and completed. The state provides no
     reimbursement for medical costs for such inmates and depending on if one should have a STD type of disease, I
     have seen the time we had to spend $7,000 a month on such cases and receive nothing from the state.

     Governor Paterson in his proposed 2009-2010 state budget has suggested elimination of all funding to counties for
     housing such parole violator inmates on behalf of the State of New York. This is very disappointing and could result
     in a $40-50,000 revenue loss to this county in 2009. I would like for the Legislature to consider at next months‟
     meeting, a resolution seeking appropriate relief from the Division of Parole and the Department of Correctional
     Services to lessen the amount of time that parole violators and state ready inmates are held at county jails. I would
     also ask that you urge the State of New York to pass legislation to allow parolees awaiting a parole violation hearing
     to be incarcerated in a State Correctional facility in or near the county where the alleged parole violation occurred,
     rather than in our county jail where local tax payers are paying the bill and not the state. Additionally that until such
     time as a parolee awaiting a parole violation hearing is held at a State Correctional facility, that Yates County should
     be entitled to reasonable compensation for housing such allege parole violator inmates, at a sum equal to the actual
     cost of confinement, including actual medical expenses incurred by the County.
                                PROCEEDINGS OF THE LEGISLATURE                                                          13


I am prepared to promote this action in every county via the NYSAC Public Safety committee and so I will prepare
a resolution for your February meeting, but I wanted the opportunity to address you all with this issue now.

Mr. Banach moved to have a resolution at this meeting, seconded by Mr. Webster. VOTE: Unanimous

                                             RESOLUTION NO. 1-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.

                                     SHERIFF EMPLOYEES ACCOLADE

       WHEREAS, Sheriff Spike has related to the public safety committee of the professional work performed by a
patrol Deputy Sheriff, and by two 911 Emergency Services Dispatchers (ESD) on a recent early morning town of
Milo large barn fire event and of the appreciation of the Penn Yan FD on scene Chief, and

       WHERES, the Sheriff reports that on Christmas day December 25, 2008 that Patrol Deputy Sheriff Randy
Andrews at 3:20AM while traveling on Route 14-A took notice of a large dairy barn on fire at 3366 Rte 14-A and
called Yates County 911 and took immediate action to awaken the Mennonite owner Noah Reiff and his family of
that address to evacuate for their safety and Reiff was able to start getting livestock out of the burning structure,
while 911 (ESD) Amy McAdams and David Harrington activated the Penn Yan Fire Dept to respond and within
minutes the PY Chief started calling for mutual aid of tankers from Dundee and Himrod and then soon from Benton,
Bellona, Branchport-Keuka Park and outside Yates County F.D.‟s from Wayne, West Lake Road, and Tyrone which
acts put tremendous stress on ESD‟s who worked in tandem doing activations while also dispatching those
mentioned to standby at other fire houses along with activating highway depts., Water Dept., Investigation Team, all
while Penn Yan apparatus was called to another fire activation at the same time activating other departments,
including taking calls for EMS and law enforcement at the same event time and doing so without the Fire Chief
having to repeat any emergency requests, and

        WHEREAS, the alertness and quick actions of Deputy Andrews allowed the owner to save approx fifty of
his seventy milking cow herd and the quick actions by the fire departments response contained the fire to the large
uninsured barn all coordinated and alerted clearly by ESD McAdams and Harrington doing their jobs professionally
as a compliment to the ESD‟s training and synergy in performing their emergency jobs, now

        THEREFORE, BE IT RESOLVED that Deputy Randy Andrews, ESD Amy McAdams and ESD David
Harrington are hereby recognized by this Legislature and their Sheriff for their professional work and outstanding
public service regarding this large barn fire event involving several fire companies, and

      RESOLVED, that copies of this resolution be provided the Sheriff, Chief Dispatcher, Emergency
Management Coordinator, Personnel Officer, Penn Yan Fire Chief, YCDSA President, Randy Andrews, Amy
McAdams, David Harrington and the 911 Advisory Board members.
VOTE: Unanimous
                                          RESOLUTION NO. 2-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

  AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN AGREEMENT WITH MICHAEL SCHANK
                          FOR POLYGRAPH SERVICES

  WHEREAS, the Yates County Probation Department desires to have specialized polygraph examinations
conducted on certain sex offender probationers to better monitor their compliance, and,

  WHEREAS, Michael Schank, 3013 Wood Road, Himrod, New York is a qualified and experienced polygraph
examiner who conducts these examinations for other jurisdictions,
14                                   PROCEEDINGS OF THE LEGISLATURE


              NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the County Legislature is authorized to
     sign an agreement with Michael Schank, and be it further

            RESOLVED, that a copy of this resolution be sent to the Probation Director.
     VOTE: Unanimous
                                             RESOLUTION NO. 3-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

       AUTHORIZE CONTRACT WITH PRO-ACTION OF STEUBEN AND YATES COUNTIES, INC. FOR
          THE ADMINISTRATION OF THE FOOD STAMP INITIATIVE OUTREACH PROGRAM

       RESOLVED, that after review by the County Attorney, the Chairman of the Legislature and the Commissioner of
     Social services be authorized to sign a contract with Pro-Action of Steuben and Yates Counties, Inc to administer a
     grant for the Department in an amount not to exceed the grant amount of $42,000 for the period 1/01/09-12/31/09 to
     administer the Food Stamp Initiative Outreach Project, and be it further

      RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department of
     Social Services.
     VOTE: Unanimous
                                               RESOLUTION NO. 4-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

       RENEW CONTRACT WITH PRO-ACTION OF STEUBEN AND YATES COUNTIES, INC. FOR THE
                      ADMINISTRATION OF THE FOODSENSE PROGRAM

       WHEREAS, the FOODSENSE program funded by the Flexible Fund for Family Services has proven to be a boon
     for many FOODSTAMP eligible families to increase their ability to purchase nutritional food, and

      WHEREAS, the County wishes to continue this program with additional dollars that are available for that purpose,
     now be it

      RESOLVED, that after the review of the County Attorney, the Chairman of the Legislature and the Social Services
     Commissioner be authorized to sign a contract renewal with Pro-Action of Steuben and Yates Counties, Inc. in an
     amount not to exceed $40,000 for the period 1/1/09-12/31/09, and be it further

      RESOLVED, that copies of this resolution be forwarded to the County Treasurer, the Department of Social
     Services, and Pro-Action of Steuben and Yates Counties.
     VOTE: Unanimous
                                                RESOLUTION NO. 5-09

     Mr. Paddock offered resolutions 5-09 thru 9-09 and moved their adoption, seconded by Mr. House.

       AUTHORIZE COUNSELING CONTRACT RENEWAL WITH KEUKA COUNSELING – A HEALING
                                    JOURNEY, INC.

       RESOLVED, that contingent upon the approval of the County Attorney, a contract renewal be signed with Keuka
     Counseling – A Healing Journey, Inc. for the provision of counseling services to eligible clients of the County
     Department of Social Services at an hourly rate of $80.00 per hour for the professional service of Edith Mann, MSW
     for the period 1/1/09-12/31/09, and be it further acknowledged that required insurance certifications are in place and
     be it
                                PROCEEDINGS OF THE LEGISLATURE                                                           15


       RESOLVED, that a copy of this contract be forwarded to the Yates County Department of Social Services.
VOTE: Unanimous
                                        RESOLUTION NO. 6-09

                   AUTHORIZE CONTRACT RENEWAL WITH FREEMAN T. FREEMAN

         RESOLVED, that contingent upon the approval of the County Attorney, a contract renewal be signed with
Freeman T. Freeman for the provision of counseling services to eligible clients of the County Department of Social
Services at an hourly rate of $70.00 per hour for the period 1/1/09-12/31/09, and be it further acknowledged that
required insurance certifications are in place, and

       RESOLVED, that a copy of this contract be forwarded to the Yates County Department of Social Services.
VOTE: Unanimous
                                        RESOLUTION NO. 7-09

               AUTHORIZE CONTRACT RENEWAL WITH RICHARD E. DIXON, DMCC.

   RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of the Legislature and the
DSS Commissioner are authorized to sign a contract renewal with Richard E. Dixon, DMCC, for counseling
services for eligible clients of the Department of Social Services for the period January 1, 2009 –December 31, 2009
at an hourly rate of $60.00, and be it further acknowledged that required Insurance certifications are in place and be
it

 RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department of
Social Services.
VOTE: Unanimous

                                             RESOLUTION NO. 8-09

                     AUTHORIZE CONTRACT RENEWAL WITH DR. DAVID CORON

  RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of the Legislature be
authorized to sign a contract with Dr. David Coron for sexual abuse validation services, related counseling, and
psychological evaluation services at the rate of $105.00 per hour for the period 1/1/09-12/31/09 and acknowledged
that required Insurance certifications are in place, and be it further

 RESOLVED, that a copy of this contract be forwarded to the Yates County Department of Social Services and the
County Treasurer.
VOTE: Unanimous
                                          RESOLUTION NO. 9-09

        AUTHORIZE CONTRACT RENEWAL WITH CHILD AND FAMILY RESOURCES, INC.

  RESOLVED, that upon the review of the County Attorney, the Chairman of the Legislature and the Social
Services Commissioner be authorized to sign a contract for the provision of Parent Aid (parenting training and
assistance services) with Child and Family Resources, Inc. for the period January 1, 2009- December 31, 2009 at an
hourly rate of $40.00 per hour and acknowledged that required Insurance certifications are in place, and be it further

 RESOLVED, that a copy of this resolution be forwarded to the Department of Social Services and the Yates
County Treasurer.
VOTE: Unanimous



                                             RESOLUTION NO. 10-09
16                                   PROCEEDINGS OF THE LEGISLATURE


     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

     CONTRACT FOR ALCOHOL AND SUBSTANCE ABUSE SCREENING AND ASSESSMENT SERVICES

       RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of the Legislature and the
     Social Services Commissioner are authorized to sign a contract with Finger Lakes Alcoholism Counseling and
     Referral Agency, Inc (FLACRA) for the provision of alcohol and substance abuse screening and assessment services
     for applicants and recipients of cash assistance programs at the rate of $40.00 per assessment beginning January1,
     2009- December 31, 2009, and be it further

      RESOLVED, that a copy of this resolution be forwarded to the Yates County Department of Social Services.
     VOTE: Unanimous
                                              RESOLUTION NO. 11-09

     Mr. Paddock offered resolutions 11-09 thru 14-09 and moved their adoption, seconded by Mr. House.

          RENEW CONTRACT WITH FINGER LAKES RC&D COUNCIL, INC. TO ADMINISTER THE
                              VENISON DONATION PROGRAM
                                  (Rural Nutrition Services)

       WHEREAS, federal funding continues to be available for the support of this program which seeks to make
     available venison meat to the needy population through funding to pay for local processing of the venison, and

      WHEREAS, these funds are available to meet the needs of people at 200% of the federal poverty level,

       NOW, THEREFORE, BE IT RESOLVED, that the contract for these services with the Finger Lakes RC & D
     Council, Inc. be renewed for the period July 1, 2008 through June 30, 2009 at a cost not to exceed $2,000 for the
     collection, processing, and distribution of the venison to Yates County residents, and be it further

       RESOLVED, that a copy of this resolution be forwarded to the Yates County Department of Social Services, and
     the Yates County Treasurer.
     VOTE: Unanimous
                                               RESOLUTION NO. 12-09

                  RENEW CONTRACT WITH KINSHIP YOUTH AND FAMILY SERVICES, INC.
                        FOR THE INTENSIVE HOME BASED SERVICES PROGRAM

       RESOLVED, that after review by the County Attorney, the Chairman of the Legislature and the Social Services
     Commissioner be authorized to sign a contract renewal with Kinship Youth and Family Services, Inc. for the
     administration of the Intensive Home –based services program for youth at risk of PINS status/placement for the
     period 11/1/08- 12/31/09 at a cost not to exceed $73,292 (special state allocations), and be it further

       RESOLVED, that copies of this resolution be forwarded to the Yates County Department of Social Services and
     the Yates County Treasurer.
     VOTE: Unanimous




                                                 RESOLUTION NO. 13-09
                               PROCEEDINGS OF THE LEGISLATURE                                                         17



   RENEW MEMORANDUM OF UNDERSTANDING WITH STEUBEN COUNTY DEPARTMENT OF
                            SOCIAL SERVICES

  WHEREAS, Yates County desires to continue an operational agreement with the Steuben County Department of
Social Services to administer on Yates County‟s behalf remaining transportation grant funding from a previous multi
county allocation,

         NOW, THEREFORE BE IT RESOLVED, that after the review by the County Attorney, the Commissioner
of Social Services is authorized to sign an operational agreement with Steuben County Department of Social
Services for the administration of the program through December 31, 2009, or until the funding is exhausted, and
further

 RESOLVED, that a copy of this resolution be forwarded to the Yates County Department of Social Services.
VOTE: Unanimous
                                         RESOLUTION NO. 14-09

      RENEW CONTRACT WITH CORNELL COOPERATIVE EXTENSION TO CONTINUE THE
                   PROVISION OF “LIFE SKILLS PROGRAM” FROM
                                  1/1/09-12/31/09

  WHEREAS, the County wishes to continue the provision of “Life Skills” training to applicants and recipients of
certain programs of the Department of Social Services, now be it

  RESOLVED, that after the review of the County Attorney, the Chairman of the Legislature and the Social Services
Commissioner be authorized to sign a contract renewal with Yates County Cooperative Extension Service to
provide: Life Skills Training” funded through the Combined TANF Allocation for the period 1/1/09-12/31/09 at the
cost of $41,500, and it is agreed that the County Insurance requirements be waived for this program, and further

 RESOLVED, that copies of this resolution be forwarded to the Department of Social Services and the Yates
County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 15-09

Mr. Paddock offered resolutions 15 and 16-09 and moved their adoption, seconded by Mr. Webster.

               CONTRACT FOR COUNSELING SERVICES WITH TOM DURHAM, LCSW

  RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the Social
Services Commissioner are authorized to sign a contract with Tom Durham, LCSW, to provide counseling services
to eligible clients of the Department at a rate of $65.00 per hour (rising to $85.00/hr after completion of further
credentialing) for the period 1/1/09-12/31/09, and further

 RESOLVED, that copies of this resolution be forwarded to the Department of Social Services and the Yates
County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 16-09

        CONTRACT WITH PRO-ACTION OF STEUBEN AND YATES COUNTIES, INC FOR THE
               ADMINISTRATION OF THE “WHEELS TO WORK” PROGRAM

  RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the Social
Services Commissioner be authorized to sign a contract with Pro-Action of Steuben and Yates Counties, Inc for the
administration of the “Wheels to Work Program for the period 11/01/08 – 6/30/09 in an amount not to exceed
$75,000 ($50,000 from FFFS and $25,000 from Community Solutions for Transportation funds), and be it further
18                                   PROCEEDINGS OF THE LEGISLATURE


      RESOLVED, that copies of this resolution be forwarded to the County Department of Social Services and the
     Yates County Treasurer.
     VOTE: Unanimous
                                       RESOLUTION NO. 17-09 (Withdrawn)

     Mr. Paddock withdrew the following resolution.

        RENEW MEMORANDUM OF UNDERSTANDING WITH STEUBEN COUNTY DEPARTMENT OF
                                 SOCIAL SERVICES

       WHEREAS, Yates County desires to continue an operational agreement with the Steuben County Department of
     Social Services to administer on Yates County‟s behalf remaining transportation grant funding from a previous multi
     county allocation, now be it

       RESOLVED, that after the review by the County Attorney, the Commissioner of Social Services is authorized to
     sign an operational agreement with Steuben County Department of Social Services for the administration of the
     program through December 31, 2009, or until the funding is exhausted, and further

      RESOLVED, that a copy of this resolution be forwarded to the Yates County Department of Social Services.

                                          RESOLUTION NO. 18-09 (Withdrew)

     Mr. Paddock withdrew the following resolution.

                                      INCREASE WORKFORCE DEVELOPMENT
                                              WIA YOUTH BUDGET

       WHEREAS, the Finger Lakes Workforce Investment Board has ended the HITECH WIA Youth grant which is
     reflected in the Workforce Development WIA Title I Youth Budget,

              NOW, THEREFORE, BE IT RESOLVED, that Revenue account CD 4791.0 be decreased by the amount
     of $1,590.53, and be it further

                RESOLVED, that appropriations be made as follows:


      CD6293.11C WIA Title I Youth Part. Wage $ 1,444.81
      CD6293.81C WIA Title I Youth Part. Fringe $ 145.72

     AND be it further

             RESOLVED, that copies of this resolution be provided to the Workforce Development Director, and the
     Yates County Treasurer.

                                                RESOLUTION NO. 19-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                                WORKFORCE DEVELOPMENT BUDGET TRANSFER

                BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development
     account:

      FROM: CD6292.1E          KKP Staff. Wage Youth     $300.00
      TO:   CD6292.41E         KKP Staff Operating Youth    $300.00
                               PROCEEDINGS OF THE LEGISLATURE                                                        19


 FROM: CD6292.1L          KKP Staff. Wage Adult     $50.00
 TO:   CD6292.8L          KKP Staff Fringe Adult     $50.00

 FROM: CD6292.1G          DSS Staff Wage       $800.00
 TO:   CD6292.8G          DSS Staff Fringe      $800.00

AND be it further

        RESOLVED, that copies of this resolution be provided to the Workforce Development Director, and the
Yates County Treasurer.
VOTE: Unanimous

                                             RESOLUTION NO. 20-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Willson.

                          RENEW AGREEMENT WITH FINGER LAKES HEALTH

  RESOLVED, that the Chairman is hereby authorized to renew an agreement with Finger Lakes Health for Physical
and Occupational Therapy Services for the period January 1, 2009 through December 31, 2013 at the following rates
increasing by $1.00/per visit per each year of the agreement:

        Physical Therapy/Occupational Therapy      $64/home visit
        Physical Therapy Aide/Occupational Therapy Aide   $53.50/home visit

        Facility-based Physical Therapy/Occupational Therapy $44/ ½ hour
        Facility-based Physical Therapy Aide/Occupational Therapy Aide $40/ ½ hour

and, be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office.
VOTE: Unanimous
                                         RESOLUTION NO. 21-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                     SIGN AGREEMENT WITH FINGER LAKES PHYSICAL THERAPY

  RESOLVED, that the Chairman is hereby authorized to sign an agreement with Finger Lakes Physical Therapy for
the period January 1, 2009 through December 31, 2013 at the following rates increasing by $1.00/per visit per each
year of the Agreement:

                         Physical Therapy $61/home visit
                         Physical Therapy Aide $50.50/ home visit

and be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office.
VOTE: Unanimous
                                         RESOLUTION NO. 22-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                            RENEW AGREEMENT WITH TERESA SUAVE, OT
20                                   PROCEEDINGS OF THE LEGISLATURE


       RESOLVED, that the Chairman is hereby authorized to sign an Agreement with Teresa Suave, Occupational
     Therapist, for the period January 1, 2009 through December 31, 2013 at an all-inclusive rate of $61.00 per visit
     increasing by $1.00/per visit per each year of the Agreement and be it further

      RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
     VOTE: Unanimous

                                                 RESOLUTION NO. 23-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                APPOINT MEMBER TO THE YATES COUNTY COMMUNITY SERVICES BOARD

      BE IT RESOLVED, that the Yates County Legislature appoint Susan B. Thomas, residing at 4241 County 25
     Road, Dundee NY 14837 to the Yates County Community Services Board for a four year term beginning January 1,
     2009 through December 31, 2012, and be it further

       RESOLVED, that a copy of this Resolution be provided to Susan B. Thomas and to the Yates County Department
     of Community Services.
     VOTE: Unanimous

                                                 RESOLUTION NO. 24-09

     Mr. Fitch offered resolutions 24 and 25-09 and moved their adoption, seconded by Mr. Willson.

                      DIRECT PAYMENTS TO COOPERATIVE EXTENSION ASSOCIATION

              BE IT RESOLVED, that the County Treasurer be authorized and directed to pay over to the Treasurer of
     the County Cooperative Extension Association, the amount of $258,520 as appropriated for the year 2009, in four
     equal installments, on or before the 15th day of January, April, July and October, and be it further

              RESOLVED, that a copy of this resolution be provided to the County Treasurer, Budget Officer and the
     Director of the Yates County Cooperative Extension Association.
     VOTE: Unanimous
                                               RESOLUTION NO. 25-09

                      DIRECT PAYMENTS TO SOIL & WATER CONSERVATION DISTRICT

              BE IT RESOLVED, that the County Treasurer be authorized and directed to pay over to the Treasurer of
     the Yates County Soil and Water Conservation District the amount of $100,090 appropriated for the year 2009 in
     four equal installments on or before the 15th day of January, April, July and October, and be it further

              RESOLVED, that a copy of this resolution be provided to the County Treasurer, Budget Officer and the
     Director of the Yates County Soil and Water Conservation District.
     VOTE: Unanimous
                                                RESOLUTION NO. 26-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.




                        AUTHORIZE THE TREASURER TO PROCESS RPTL TAX REFUND
                               PROCEEDINGS OF THE LEGISLATURE                                                       21


         WHEREAS, Section 556 of the Real Property Tax Law (RPTL) empowers the County Legislature to
authorize the payment of real property tax refunds in the amount of $2,500.00 or less by the County Treasurer,
without prior audit by the Legislature;

         NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to process
applications for real property tax refunds in the amount of $2,500.00 or less made pursuant to Section 556 of the
RPTL during the calendar year 2009. The Treasurer is directed to follow the procedures as required by the RPTL
and report to the Legislature on or before the 15 th day of each month the refunds processed during the preceding
month, and be it further

        RESOLVED, that a copy of this resolution be sent to the Real Property Tax Director and to the County
Treasurer.
VOTE: Unanimous

                                            RESOLUTION NO. 27-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                      REDUCTION IN THE 2009 EARLY INTERVENTION FUNDING
                                      (PUBLIC HEALTH)

  WHEREAS, Yates County Public Health has been notified that the 2009 Early Intervention funding has been
reduced by $1,479 and

 THEREFORE, it is necessary to reduce the following accounts in the 2009 Budget:

 Appropriation
 A4010.4906 (Public Health-County Designee)

 Revenue
 A4401 (Federal Aid-Public Health)

and be it further

 RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer and County
Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 28-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                   CORRECTIONS TO THE 2009 BUDGET

 WHEREAS, two account numbers appeared incorrectly in the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED that the following corrections be made:

 Page 26
 Change A1620 to A1621 under the Equipment category

 Page 111
 Change A2409 (Rental-Penn Yan Marine) to A2409.E

and be it further
22                                  PROCEEDINGS OF THE LEGISLATURE


      RESOLVED, that a copy of this resolution be given to the Building Maintenance Supervisor, Budget Officer and
     County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 29-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                    AUTHORIZE CHAIRMAN SIGN PROPOSAL FOR ACCOUNTING SERVICES
                       NYS DEPARTMENT OF TRANSPORTATION COMPLIANCE AUDIT

       WHEREAS, Yates County is required to do a New York State Department of Transportation Compliance Audit
     for the 2008 Fiscal Year and;

      WHEREAS, Raymond F. Wager, CPA, P.C. has provided a proposal for accounting service to provide this audit
     not to exceed $2,350 and

       WHEREAS, after the approval of the County Attorney the Chairman of the Legislature be authorized to sign the
     proposal for Accounting Services and be it further

              RESOLVED, that all insurance requirements be waived and be it

      RESOLVED, that a copy of this resolution be given to Raymond F. Wager, CPA, P.C. and County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 30-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                          REDUCE 2008 BUDGET FOR COMMUNITY SERVICES STATE AID

              WHEREAS, the Yates County Department of Community Services has been notified of a reduction in State
     Aid;

      THEREFORE, it is necessary to reduce the 2008 Budget by $2,808 to the following accounts:

      Appropriation
      A4320.4255 (CS-Community Based Intervention)

      Revenue
      A3495 (State Aid-Reinvestment

     and be it further

      RESOLVED, that a copy of this resolution be given to the Director of Community Services, Budget Officer and
     County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 31-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                         REAPPOINT MEMBERS TO THE YATES COUNTY PLANNING BOARD

                                                  ONE (1) YEAR TERM
                                 (Carroll Graves, Representing Town of Milo)
                                           TWO (2) YEAR TERM
                                           (Kevin North, At Large)
                                PROCEEDINGS OF THE LEGISLATURE                                                         23


                              (Jerry Stape, Representing Town of Benton)
                           (John Sawers, Representing Village of Rushville)
                          (Dave Christiansen, Representing Town of Torrey)

   WHEREAS, the terms of current Yates County Planning Board members Kevin North
(at-large representative) and Carroll Graves (representing the Town of Milo) expired on
December 31, 2007, and Jerry Stape (representing the Town of Benton), John Sawers
(representing the Village of Rushville) and Dave Christiansen (representing the Town of
Torrey) expire on December 31, 2008, and
         WHEREAS, these members are to be reappointed to the County Planning Board,

   NOW, THEREFORE, BE IT RESOLVED, that Carroll Graves is hereby reappointed as
a member of the Yates County Planning Board to a one-year terms to expire on December
31, 2009, and Kevin North is hereby reappointed as a member of the Yates County
Planning Board to a two-year term to expire on December 31, 2010, and Jerry Stape, John
Sawers and Dave Christiansen are hereby reappointed as members of the Yates County
Planning Board to a three-year term to expire on December 31, 2011, and be it further
         RESOLVED, that copies of this resolution be sent to the Towns of Milo, Torrey, Benton and the Village of
Rushville, a copy filed with the County Clerk, and six copies to the County Planner for distribution to the members.
VOTE: Unanimous
                                            RESOLUTION NO. 32-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

            AUTHORIZE THE RECORDS MANAGER TO SUBMIT GRANT APPLICATIONS

          WHEREAS, the County‟s maps and plans are an important set of active and archival records, now stored in
at least two different buildings; and

         WHEREAS, the County‟s land records are also an important set of active and archival records; and

          WHEREAS, the County‟s maps number upwards of 21,000 items, some indexed under at least three
different systems, some not indexed at all; and

         WHEREAS, the County‟s land records comprise hundreds of volumes, and begin with the earliest
settlement of western New York, with at least three different indexing systems, two of them electronic; and

         WHEREAS, the Records Manager has proposed to submit in cooperation with the village of Penn Yan, an
application for a map cataloging and indexing grant not to exceed $125,000 under the State Archives program,
funded from the Local Government Management Improvement Fund, that will address the above issues; and

         WHEREAS, the Records Manager has proposed to work with the County Clerk to submit an application
not to exceed $75,000 under the same program and with the same funding source, subcategorized as the Land
Records Initiative, for a deed indexing and scanning project that will make access much easier for the public, and
will preserve the now heavily-used originals from further damage;

         NOW, THEREFORE, BE IT RESOLVED, that the Records Manager is authorized to submit the
applications, and be it further

        RESOLVED, that the Records Manager, the County Clerk, the Planner and the County Administrator be
provided with copies of this resolution.
24                                  PROCEEDINGS OF THE LEGISLATURE


     VOTE: Unanimous
                                                RESOLUTION NO. 33-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                            AUTHORIZE CHAIRMAN TO SIGN CONTRACT (HANSEN)

             WHEREAS the Yates County Office of Public History is in need of services including making copies,
     compiling indexes, aiding visitors and the like; and

             WHEREAS Lawrence Hansen has performed in this capacity for at least twelve years; now be it

             RESOLVED that the Chairman of the Legislature be authorized to sign a contract for an amount not to
     exceed $10,500 so that Lawrence Hansen may perform the same services during the year 2009; and be it further

            RESOLVED, that a copy of this resolution be given to the Yates County Historian.
     VOTE: Unanimous
                                             RESOLUTION NO. 34-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                 AUTHORIZE RENEWAL OF AGREEMENT FOR COUNTY PLANNING BOARD
                                  (Recording Secretary Services)

        RESOLVED, that the Chairman of the Legislature is authorized to renew an agreement
     with Karen Phillips for the provision of County Planning Board Recording Secretary
     services for the period of January 1, 2009 through December 31, 2009 at a rate of $10.10
     per hour, and be it

        RESOLVED, that insurance requirements are waived, and be it further
             RESOLVED, that copies of this resolution be given to the County Planner, County Administrator and
     County Treasurer.
     VOTE: Unanimous
                                                   RESOLUTION NO. 35-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                    APPROVAL/MEMORIALIZATION/SUPPORT OF CONTINUATION/EMPIRE ZONE
                                          PROGRAM

              WHEREAS, the economic stability and sustainability of Yates County is vital to its residents and
     businesses; and

              WHEREAS, Yates County is desirous of a balanced economy existing of a range of various types of
     business, industry, tourism and recreation; and

            WHEREAS, Yates County is cognizant of the need for additional commercial growth to attain such
     economic stability and sustainability; and

             WHEREAS, the tax revenue generated by businesses throughout Yates County and the State of New York
     provide much needed relief to the individual taxpayers and their families; and

               WHEREAS, the New York State Empire Zone program has been a proven stimulus in the growth and
     revitalization of weakened local economies throughout New York State; and
                                PROCEEDINGS OF THE LEGISLATURE                                                           25



        WHEREAS, the New York State Empire Zone program has been successful in bringing hundreds of
thousands of new jobs to its sponsoring counties, and

          WHEREAS, the Yates County Empire Zone, established in 2008, is in its very early stages of operation and
thus attraction of new businesses and jobs for the people of Yates County; and

        WHEREAS, the New York State Empire Zone program has shown great promise for the economy of Yates
County in the peaked interest of prospective businesses inquiring from outside of New York State; and

         WHEREAS, the New York State Empire Zone program has a planned sunset date of June 30, 2011;

         NOW, THEREFORE BE IT RESOLVED, that the Yates County Legislature, in anticipation of great
success and promise for new job creation within its Empire Zone, hereby request the State of New York to continue
its Empire Zone stimulus program beyond 2011 to June 30, 2017, and be it further

        RESOLVED, that the New York State Legislature, in an effort to maintain continuity and a positive
momentum, is encouraged to enact legislation before the end of the 2009 legislative session which will enable the
continued existence of the Empire Zone program through June 30, 2017; and be it further

         RESOLVED, that the Yates County Legislature hereby enlists the support of each and every county in the
State of New York in an effort to maintain the continued operation and stimuli that the New York State Empire
Zone program offers; and be it further

         RESOLVED that the Clerk of the Yates County Legislature is hereby directed to forward this resolution in
support of continuing the Empire Zone to New York State Governor David A. Paterson, Senate Minority Leader
Dean Skelos, Assembly Speaker Sheldon Silver, Assembly Majority Leader Ron Canistrari, Senate Majority Leader
Malcolm A. Smith, Assembly Minority Leader James Tedisco, State Senator George Winner Jr., Assemblyman
James Bacalles, the County Legislators and Empire Zone Coordinators of every county in the great state of New
York to encourage and enlist their support.
VOTE: Unanimous
                                            RESOLUTION NO. 36-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                          DESIGNATE NEWSPAPERS

  RESOLVED, pursuant to Section 214, subdivision 2, of the County Law, the two newspapers listed below are
hereby designated as the official newspapers of the County of Yates for the publication of all local news, notices and
other matters required by law to be published.

     The Chronicle Express
     The Dundee Observer
VOTE: Unanimous
                                            RESOLUTION NO. 37-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

                  DESIGNATION BY COUNTY OF OFFICIAL TOURISM PROMOTION
                                        AGENCY

  RESOLVED, that the Yates County Legislature designates the Yates County Chamber of Commerce as the
county‟s Tourism Promotion Agency (TPA) in order to apply for, receive and distribute tourism promotion funds on
behalf of Yates County pursuant to the New York State Tourism Promotion Act, and be it further

 RESOLVED, that this designation is effective January 1, 2009 through December 31, 2009, and be it further
26                                   PROCEEDINGS OF THE LEGISLATURE



       RESOLVED, that the Clerk of the Legislature file a certified copy of this resolution with the appropriate agencies,
     including the Yates County Chamber of Commerce, and be it further


            RESOLVED, that a copy of this resolution be given to the County Treasurer and the County Administrator.
     VOTE: Unanimous
                                             RESOLUTION NO. 38-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                         GRANT UNPAID LEAVE OF ABSENCE
                                                     (Laun)

       RESOLVED, that Sarah Laun, a Caseworker in the Social Services Department is hereby granted an unpaid leave
     of absence from January 21, 2009 through March 8, 2009, and be it further

      RESOLVED, that a copy of this resolution be given to Ms. Laun, the Commissioner of Social Services, the
     Personnel Officer and the Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 39-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                             CHANGE DATE OF FEBRUARY LEGISLATIVE MEETING

       WHEREAS, several Legislators will be attending the NYSAC Legislative Conference on February 9, 2009 and
     this is the date slated for the February Legislative meeting, be it

      RESOLVED, that the February Legislative Board meeting will be held on February 12, 2009 at 1:00 p.m. in the
     Legislative Chambers and be it further

      RESOLVED, that all departments receive a copy of this resolution.
     VOTE: Unanimous
                                             RESOLUTION NO. 40-09

     Mr. Webster offered the following resolution and moved its adoption, seconded by Mr. Banach.

                              AUTHORIZE ADMINISTRATOR TO SIGN AGREEMENT
                                          (Unified Court System)

       WHEREAS, the New York State Unified Court System wishes to enter into an agreement with Yates County for
     cleaning services as well as minor and emergency repairs to the court facilities,

       NOW, THEREFORE, BE IT RESOLVED, that the County Administrator is hereby authorized to sign this
     agreement for the period of State Fiscal Years 2008-2009 through 2012-2013, effective April 1, 2008 and
     terminating March 31, 2013, and be it further

      RESOLVED, that copies of this resolution be given to the Building Maintenance Supervisor and the County
     Administrator.
     VOTE: Unanimous
                                              RESOLUTION NO. 41-09

     Mr. Webster offered the following resolution and moved its adoption, seconded by Mrs. Alexander.
                               PROCEEDINGS OF THE LEGISLATURE                                                       27


    AUTHORIZE CHAIRMAN TO SIGN AGREEMENT TO USE FIRST PRESBYTERIAN CHURCH
                                 PARKING LOT

  WHEREAS, due to certain times there is a parking shortage at the County Complex during normal business hours
and,

 WHEREAS, the County has made arrangements to use the First Presbyterian Church parking lot,

  NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an
agreement with the First Presbyterian Church for parking from January 1, 2009 through December 31, 2009 for a fee
of $500.00 and be it further

 RESOLVED, that copies of the resolution be given to the Building Maintenance Supervisor and the County
Treasurer.

 Insurance requirement waived.
VOTE: Unanimous
                                           RESOLUTION NO. 42-09

Mr. Webster offered the following resolution and moved its adoption, seconded by Mr. Banach.

 AUTHORIZE BUILDINGS MAINTENANCE SUPERVISOR TO SIGN AGREEMENT WITH MILTON
                   CAT FOR EMERGENCY GENERATOR REPAIR

  WHEREAS, the emergency generator that provides emergency power to the County Office Complex needs to
have its leaking water pump replaced and

  WHEREAS, the Building Maintenance Supervisor has received three quotes for this repair which is to include all
labor, materials and the repair work will be done an a Saturday.

  NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to sign an
agreement with Milton Cat for this emergency generator repair. The following quotes were received:

        Milton Cat          $ 2,854.17
        Penn Power          $ 4,336.00
        Emergency Power systems        $ 4,299.51

Funding for this work will be encumbered from the 2008 budget.
VOTE: Unanimous
                                           RESOLUTION NO. 43-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

   APPOINTMENT TO THE FINGER LAKES ECONOMIC DEVELOPMENT COUNCIL BOARD OF
                                 DIRECTORS

 BE IT RESOLVED, that the following individuals be appointed to the Agency for the terms indicated:

Craig Densmore, 299 E. Lake Rd., Penn Yan, NY 14527 Term 1-1-09 to 12/31/10
Bob Corcoran, 308 E. Lake Rd., Penn Yan, NY 14527 Term 1-1-09 to 12/31/10

And be it

 RESOLVED, that a copy of this resolution be forwarded to Steven Griffin, Executive Director of the FLEDC, the
Department of State, and the County Clerk.
VOTE: Unanimous
28                                    PROCEEDINGS OF THE LEGISLATURE


                                                      RESOLUTION NO. 44-09

     Mr. Banach offered the following resolution and moved its adoption, seconded by Mr. Webster.

                                       PAROLE VIOLATOR RELIEF FOR COUNTY JAIL

               WHEREAS, the Yates County jail continues to house parole violators, including parole violators held on
     technical charges and parole violators who have become state-ready and are awaiting transfer to a state correctional
     facility and the average length of stay of sixty days up to as many as one hundred-twenty days before final hearing,
     and

             WHEREAS, there are sixty-nine state correctional facilities, in addition to the 902-bed Willard Drug
     Treatment in adjoining Seneca County, New York, meaning that there is a state correctional facility in or near each
     county of New York State, and

              WHEREAS, the number of inmates incarcerated in state prisons has been reduced so significantly in recent
     years that the Governor and some members of the New York State Legislature have called for closing of some state
     correctional facilities, and

              WHEREAS, these inmates held on parole violations have always been considered a State responsibility,
     although the State reimburses counties for only a portion of the housing costs incurred in maintaining these inmates
     while their parole revocation proceedings are held and completed, and provides no reimbursement for medical costs
     for such inmates, and

               WHEREAS, Governor Paterson in his proposed 2009-2010 state budget has suggested elimination of all
     funding to counties for housing such parole violator inmates on behalf of the State of New York and that could
     result in a $40-50,000 revenue loss to Yates County, and

              NOW, THEREFORE, BE IT RESOLVED, that Yates County and its Sheriff seek appropriate relief from
     the Division of Parole and the Department of Correctional Services to lessen the amount of time that parole violators
     and state ready inmates are held at county jails, and urges the State of New York to pass legislation to allow parolees
     awaiting a parole violation hearing to be incarcerated in a State Correctional facility in or near the county where the
     alleged parole violation occurred, rather than in a county jail, and be it further

              RESOLVED, that until such time as a parolee awaiting a parole violation hearing is held at a State
     Correctional facility, that Yates County should be entitled to reasonable compensation for housing such allege
     parole violator inmates, at a sum equal to the actual cost of confinement, including actual medical expenses incurred
     by the County, and further

            RESOLVED, that a copy of this resolution be provided the Sheriff, County Budget Officer, NYSAC,
     NYSSA, and our Assembly representative, State Senator and to the Office of Governor.
     VOTE: Unanimous

     Mr. Webster moved to enter into executive session to discuss a property purchase, seconded by Mr. J. Multer.

     Meeting adjourned at 2:55 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                          29




                           REGULAR SESSION – THURSDAY, FEBRUARY 12, 2009

The Yates County Legislature convened in regular session, Thursday, February 12, 2009 in the Legislative
Chambers at 1:00 p.m., Chairman Robert Multer presiding.

A moment of silence was observed for Penn Yan Village Street Superintendent, Randy Jensen.

Minutes of the December 29th and January 12th meetings were approved as presented.

Chairman Multer asked for a report of the auditing committees they were approved as presented.


Airport Fund                        $ 59,693.98
Airport Accounts Payable            $ 16,300.00
Finance                             $175,379.41
Flint Creek                         $ 13,524.00
Government Operations               $ 59,126.31
Human Services                      $400,434.42
Prior To Audit                      $ 50,692.53
Public Safety                       $ 79,152.72
Public Works                        $309,491.32

Committee reports
Mr. Dennis stated that he had the pleasure of attending his first NYSAC conference in Albany. He also completed
the Pelletier Institute for newly elected and appointed County Officials and has the goal of completing the Pelletier
Institute Certificate program.
Mr. Paddock reported the Federal Transit Administration has approved a grant for the ProAction Yates Office for
the Aging for the purchase of a bus. It is estimated that the grant amounts will pay for approximately 80 % of the
cost of the vehicle.
Mrs. Flood reported the Back Pack Program, which is funded by private donations, is doing well. Mrs. Flood went
on to report that the food pantries have been busy with new people who have been laid off with families and senior
citizens. Mrs. Flood reminded everyone that the County program, if someone needs to get on food stamps, is
available through the Office of the Aging.

Appointment
Chairman Multer appointed June Pendleton to a two year term on the Fish and Wildlife Management Advisory
Board.

                                             RESOLUTION NO. 45-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Willson.

                   APPOINT YATES COUNTY FIRE INVESTIGATION TEAM MEMBER
                                          (Burritt)

         NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Sheriff and the Fire
Coordinator that John Burritt of the Penn Yan Volunteer Fire Department is hereby appointed to the Yates County
Fire Investigation Team and recognized as Deputy Fire Coordinator for that purpose, and

       RESOLVED, that a copy of this resolution be provided the Sheriff and Director of OEM/Fire Coordinator.
VOTE: Unanimous
30                                   PROCEEDINGS OF THE LEGISLATURE


                                                  RESOLUTION NO. 46-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                            EXTEND TEMPORARY CORRECTION OFFICER POSITION

            WHEREAS, Resolution 417-08 created a temporary Correction Officer position
     for ninety day period which ended January 30, 2009 and due to fact that a full-time officer is not available for duty
     due to administrative actions and the vacancy results in excessive overtime, as well as other officers attending
     mandatory training for six weeks the temporary position needs extending for efficiency of operations,

           NOW, THEREFORE, BE IT RESOLVED, that the Sheriff is authorized to extend the appointment of the
     temporary Correction Officer at the YCDSA contract “start” rate of pay for a sixty day period commencing January
     31, 2009 to fill this absence and should the officer return to active duty sooner than anticipated then the Sheriff is
     authorized to end the time period forthwith sooner for this temporary position, and further

           RESOLVED, that a copy of this resolution be provided the Sheriff, Treasurer, Personnel Officer, Budget
     Officer and the YCDSA.
     VOTE: Unanimous
                                              RESOLUTION NO. 47-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                                           ACCEPT EQUIPMENT DONATION

            WHEREAS, in December Florence Gilkey of Canandaigua, NY donated to the Sheriff‟s Office a nearly new
     condition Car Mate sixteen feet double axel and doors enclosed utility trailer that augments law enforcement storing
     and getting special equipment to incidents when required,

             NOW, THEREFORE, BE IT RESOLVED, that this item is accepted as a donation and the Sheriff shall add
     to the county inventory and his agency resources accordingly, and

          RESOLVED, that the Sheriff shall be provided a copy of this resolution.
     VOTE: Unanimous
                                            RESOLUTION NO. 48-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Dennis.

                   AUTHORIZE CHAIRMAN TO SIGN AGREEMENTS WITH THOMSON WEST

      WHEREAS Thomson West has terminated the subscription of the District Attorneys in office; and

             WHEREAS, in order to continue the subscription the District Attorneys office is required to enter into a
     new written contractual agreement; and

              WHEREAS, the District Attorney needs to maintain the subscription to the New York Statutes Annotated;
     and

              WHEREAS such subscription will be at a cost of $163.10 per month for a period of two years; and

               WHEREAS, such subscription contract is for a period of two years with the increase in cost for the second
     year of the contract limited to six percent (6%), and

              WHEREAS, the contract contains a “municipal termination clause” that provides that if the subscriber fails
     to receive sufficient appropriation of funds or authorization for such expenditure, the subscriber may cancel with 30
                                 PROCEEDINGS OF THE LEGISLATURE                                                           31


days notice upon certification in writing that sufficient funds are not appropriated or available for such expenditure,
and there will be no charges or other liability;

  NOW, THEREFORE, BE IT RESOLVED, that the District Attorney is authorized to sign such contract upon
approval by the Yates County Attorney; and be if further

          RESOLVED, that the District Attorney, the Treasurer, and the County Administrator be provided with a
copy of this resolution.
VOTE: Unanimous
                                           RESOLUTION NO. 49-09
Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.
                      APPOINT MEMBER TO HEALTH SERVICES ADVISORY BOARD

  RESOLVED, that the following Yates County representative be appointed to the S 2AY Rural Health Network
joint Health Services Advisory Board to serve the remainder of the term as the Yates County Community
Representative:

                                       Dr. David Schirmer 02/12/09-12/31/11

and be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office.
VOTE: Unanimous

                                              RESOLUTION NO. 50-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

                                 RENEW AGREEMENT FOR PUBLIC HEALTH

        RESOLVED, that the Chairman is hereby authorized to sign the following agreements on behalf of the
Public Health Department:

Vendor                    Type                  Period             Rate                 Waive
                                                                                        Liability?
Community Services        Transitional Case     01/01/09-          $25,572.00 including Yes
                          Management            12/31/09           the COLA of
                                                                   $234.00 for
                                                                   1/09-4/09

and be it further

RESOLVED, that a copy of this resolution be sent to the Public Health Office and to the Yates County Treasurer.
VOTE: Unanimous
                                          RESOLUTION NO. 51-09

Mr. Paddock offered resolutions 51 and 52-09 and moved their adoption, seconded by Mr. House.

                      SIGN AGREEMENT WITH EDGAR WEDGE FOR EMS TRAINING

  RESOLVED, that the Chairman is hereby authorized to sign an agreement with Edgar Wedge for the period
January 1, 2009 through December 31, 2013 at the following rates:

                     Certified Instructor Coordinator $25.30/HR

and be it further
32                                    PROCEEDINGS OF THE LEGISLATURE



              RESOLVED, that Resolution #172-08 be rescinded

     and be it further

            RESOLVED, that a copy of this resolution be sent to the Public Health office, the office of Emergency
     Management, the Personnel Department, and the Edgar Wedge.
     VOTE: Unanimous

                                                  RESOLUTION NO. 52-09

                          SIGN AGREEMENT WITH RICHARD HARPER FOR EMS TRAINING

              RESOLVED, that the Chairman is hereby authorized to sign an agreement with Richard Harper for the
     period January 1, 2009 through December 31, 2013 at the following rates:

                          Certified Instructor Coordinator $25.30/HR

     and be it further

              RESOLVED, that Resolution #172-08 be rescinded

     and be it further

            RESOLVED, that a copy of this resolution be sent to the Public Health office, the office of Emergency
     Management, the Personnel Department, and Richard Harper.
     VOTE: Unanimous
                                             RESOLUTION NO. 53-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

                    AUTHORIZATION FOR PAYMENT TO HUMAN SERVICE DEVELOPMENT

            RESOLVED, that the treasurer is hereby authorized to pay the voucher received from Human Service
     Development for services rendered in January 2009 in amount of $16,233.

     And be it further

            RESOLVED, that a copy of this resolution be sent to the Public Health office and the Treasurer.
     VOTE: Unanimous

                                                  RESOLUTION NO. 54-09

     Mr. Paddock offered resolutions 54 and 55-09 and moved their adoption, seconded by Mrs. Flood.

                           AUTHORIZE CONTRACT RENEWALS FOR RESIDENTIAL AND
                               NON- RESIDENTIAL DOMESTIC VIOLENCE SERVICES
                         WITH FAMILY COUNSELING SERVICES OF THE FINGER LAKES, INC.

       RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of this Legislature and the
     Commissioner of Social Services be authorized to sign contract renewals for the provision of residential and non-
     residential domestic violence services for community residents with Family Counseling of the Finger Lakes for the
     period January 1, 2009 through December 31, 2009 at the following rates:

              NON-RESIDENTIAL Services - $5,000 for the year 2007
              RESIDENTIAL Services - $31.13 per person per day
                               PROCEEDINGS OF THE LEGISLATURE                                                         33


                 (or as set by New York State)

       RESOLVED, that a copy of this resolution be forwarded to the Department of Social Services.
VOTE: Unanimous

                                           RESOLUTION NO. 55-09

      AUTHORIZE CONTRACT FOR DOMESTIC VIOLENCE CASE MANAGEMENT SERVICES

  RESOLVED, that contingent upon the review of the County Attorney, that the Chairman of the Yates County
Legislature and the Social Services Commissioner be authorized to sign a contract with Rape and Abuse Crisis
Services of the Finger Lakes, Inc. for the provision of domestic violence case management services an amount not to
exceed $50,000 (fully funded by State funding) for the period 2/10/09 -2/10/10 , and be it further

         RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department
of Social Services.
VOTE: Unanimous

                                           RESOLUTION NO. 56-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Webster.

          AMEND CONTRACT WITH KINSHIP YOUTH AND FAMILY SERVICES, INC.
    FOR THE INTENSIVE HOME BASED SERVICES PROGRAM TO CORRECT STARTING DATE

  RESOLVED, that after review by the County Attorney, the Chairman of the Legislature and the Social Services
Commissioner be authorized to sign a contract renewal with Kinship Youth and Family Services, Inc. for the
administration of the Intensive Home –based services program for youth at risk of PINS status/placement for the
period 10/1/08- 12/31/09 at a cost not to exceed $73,292 (special state allocations), and be it further

         RESOLVED, that copies of this resolution be forwarded to the Yates County Department of Social
Services and the Yates County Treasurer.
VOTE: Unanimous
                                          RESOLUTION NO. 57-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

           APPOINT MEMBER TO THE YATES COUNTY COMMUNITY SERVICES BOARD

  BE IT RESOLVED, that the Yates County Legislature appoint Kathryn T. Smeenk, residing at 806 W. Bluff
Drive, Keuka Park NY, 14478-0084, to the Yates County Community Services Board for a four year term beginning
January 1, 2009 through December 31, 2012, and be it further

 RESOLVED, that a copy of this resolution be provided to Kathryn T. Smeenk and to the Yates County
Department of Community Services.
VOTE: Unanimous
                                           RESOLUTION NO. 58-09
Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.



                                DECREASE WORKFORCE DEVELOPMENT
                                       WIA YOUTH BUDGET

         WHEREAS, the Finger Lakes Workforce Investment Board has ended the HITECH WIA Youth grant
which is reflected in the Workforce Development WIA Title I Youth Budget,
34                                   PROCEEDINGS OF THE LEGISLATURE



              NOW, THEREFORE, BE IT RESOLVED, that Revenue account CD 4791.0 be decreased by the amount
     of $1,590.53, and be it further

              RESOLVED, that appropriations be made as follows:

      CD6293.11C WIA Title I Youth Part. Wage $ 1,444.81
      CD6293.81C WIA Title I Youth Part. Fringe $ 145.72

     AND be it further

             RESOLVED, that copies of this resolution be provided to the Workforce Development Director, and the
     Yates County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 59-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                         RESOLUTION SUPPORTING GOVERNOR PATERSON‟S PROPOSAL
                               TO FIX THE INDIGENT LEGAL SERVICES FUND
                                  MAINTENANCE OF EFFORT PROVISION

       WHEREAS, in recent years Yates County and an increasing number of other counties in New York have not been
     able to meet the Maintenance of Effort (MOE) required by the State of New York through its Indigent Legal
     Services Fund (ILSF) and therefore have become ineligible to receive an allocation from the fund, and

       WHEREAS, given that Yates County will lose 100% of its State ILSF allocation or $65,975 this year and other
     counties also are at risk of losing funds, the State must work with counties to develop a reasonable solution that will
     not adversely impact the delivery of indigent defense services within a county, and

       WHEREAS, the existing MOE provisions are problematic as local defense costs can fluctuate significantly from
     year to year due to caseloads and case complexity, and

       WHEREAS, the existing system discourages providers of indigent legal defense form finding efficiencies and
     assumes that spending more money equates to providing better services, and

       WHEREAS, Governor Paterson has included language in his 2009-2010 budget proposal that would provide
     additional predictability for counties as they budget for indigent defense services and determine available State
     funding for future years, and

       WHEREAS, this legislation would modify the current MOE by using a three-year average of local expenditures
     for the basis of the MOE calculation as opposed to recalculating the MOE annually, and

       WHEREAS, the bill further stipulates that, in the event a county still does not meet the maintenance of effort, the
     county would lose only a percentage of its ILSF funding instead of 100% of its share,

       NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature supports Governor Paterson‟s
     proposal to fix the chronic issues Yates County and other counties face with the ILSF Maintenance of Effort
     provision, and be it further

      RESOLVED, that copies of this resolution be given to Governor Paterson, Senator George H. Winner, Jr.,
     Assemblyman Jim Bacalles, the New York State Association of Counties, the Yates County Public Defender and the
     Yates County Administrator.
     VOTE: Unanimous
                                              RESOLUTION NO. 60-09
                                PROCEEDINGS OF THE LEGISLATURE                                                         35


Mr. Fitch offered resolutions 60-09 thru 65-09 and moved their adoption, seconded by Mr. House.

                                         CORRECT 2009 TAX ROLL
                                      MIDDLESEX TAX MAP NO. 3.02-1-8

   WHEREAS, an application has been made to correct the 2009 Town of Middlesex Roll on tax map number
3.02-1-8 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director has
verified that pursuant to RPTL 550(2)(h) a clerical error has been made.

  NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax
map number 3.02-1-8 on the 2009 Town of Middlesex Tax Roll be corrected to read as



                        Billed                              Should Be                       Difference
County                 $ 432.13                             $ 432.13                        $ -0-
Town                     447.90                               447.90                           -0-
School Relevy            576.41                                 -0-                          (576.41)
Middlesex Amb.            24.41                                24.41                           -0-
Middlesex Fire     56.14              56.14                 -0-
Unpaid Water   142.02     -0-   (142.02)

 Total 1,679.01            960.58      (718.43)

and be it further

   RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further

   RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the
resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and
be it further

  RESOLVED, that a copy of this resolution be sent to the Middlesex Town Clerk, the Director of Real Property
Tax Service and the County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 61-09

                                          CORRECT 2009 TAX ROLL
                                         MILO TAX MAP NO. 49.76-1-19

   WHEREAS, an application has been made to correct the 2009 Town of Milo Roll on tax map number 49.76-1-
19 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director has
verified that pursuant to RPTL 550(2)(h) a clerical error has been made.

  NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax
map number 49.76-1-19 on the 2009 Town of Milo Tax Roll be corrected to read as



                            Billed                          Should Be                       Difference
County                     $ 259.80                         $ 259.80                        $ -0-
Town                          54.55                            54.55                           -0-
School Relevy                127.82                            -0-                           (127.82)
Village Relevy               673.16                            -0-                           (673.16)

 Total 1,115.33            314.35       (800.98)
36                                   PROCEEDINGS OF THE LEGISLATURE



     and be it further

        RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further

        RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the
     resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and
     be it further

        RESOLVED, that a copy of this resolution be sent to the Milo Town Clerk, the Director of Real Property Tax
     Service and the County Treasurer.
     VOTE: Unanimous
                                               RESOLUTION NO. 62-09

                                              CORRECT 2009 TAX ROLL
                                          JERUSALEM TAX MAP NO. 81.02-1-21

        WHEREAS, an application has been made to correct the 2009 Town of Jerusalem Roll on tax map number
     81.02-1-21 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director
     has verified that pursuant to RPTL 550(2)(g) a clerical error has been made.

       NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax
     map number 81.02-1-21 on the 2009 Town of Jerusalem Tax Roll be corrected to read as



                                 Billed                          Should Be                       Difference
     Town                       $ 44.67                          $ 14.73                         $ (29.94)
     County                      116.53                            38.45                           (78.04)
     School Relevy               325.33                           107.31                          (218.02)
     Branchport F.D.               8.17                             2.69                          ( 5.48)

      Total    494.70               163.18      (331.52)

     and be it further

        RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further

        RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the
     resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and
     be it further

       RESOLVED, that a copy of this resolution be sent to the Jerusalem Town Clerk, the Director of Real Property
     Tax Service and the County Treasurer.
     VOTE: Unanimous



                                                  RESOLUTION NO. 63-09

                                              CORRECT 2009 TAX ROLL
                                          JERUSALEM TAX MAP NO. 46.04-1-34

        WHEREAS, an application has been made to correct the 2009 Town of Jerusalem Roll on tax map number
     46.04-1-34 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director
     has verified that pursuant to RPTL 550(2)(i) a clerical error has been made.
                                PROCEEDINGS OF THE LEGISLATURE                                                         37



  NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax
map number 46.04-1-34 on the 2009 Town of Jerusalem Tax Roll be corrected to read as



                            Billed                          Should Be                       Difference
Town                       $ 210.89                         $ 210.89                        $ (-0-)
County                       550.13                           550.13                          (-0-)
School Relevy                  -0-                            506.02                         506.02
Branchport F.D.               38.57                            38.57                          (-0-)

 Total     799.59        1,305.61        506.02

and be it further

   RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further

   RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the
resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and
be it further

  RESOLVED, that a copy of this resolution be sent to the Jerusalem Town Clerk, the Director of Real Property
Tax Service and the County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 64-09

                                          CORRECT 2009 TAX ROLL
                                      JERUSALEM TAX MAP NO. 47.03-1-15

   WHEREAS, an application has been made to correct the 2009 Town of Jerusalem Roll on tax map number
47.03-1-15 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director
has verified that pursuant to RPTL 550(2)(i) a clerical error has been made.

  NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax
map number 47.03-1-15 on the 2009 Town of Jerusalem Tax Roll be corrected to read as

                            Billed                          Should Be                       Difference
Town                       $ 105.44                         $ 105.44                        $ (-0-)
County                       275.07                           275.07                           (-0-)
School Relevy                537.80                           488.20                         (49.60)
Branchport F.D.               19.29                            19.29                           (-0-)

 Total     937.60          888.00       (49.60)

Paid Penn Yan Central School                            (506.02)                        (506.02)

Due from Taxpayer                      381.98                         (555.62)


and be it further

   RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further
38                                      PROCEEDINGS OF THE LEGISLATURE


        RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the
     resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and
     be it further

       RESOLVED, that a copy of this resolution be sent to the Jerusalem Town Clerk, the Director of Real Property
     Tax Service and the County Treasurer.
     VOTE: Unanimous

                                                  RESOLUTION NO. 65-09

                                              CORRECT 2009 TAX ROLL
                                         BARRINGTON TAX MAP NO. 112.03-1-12.1

        WHEREAS, an application has been made to correct the 2009 Town of Barrington Tax Roll on tax map number
     112.03-1-12.1 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director
     has verified that pursuant to RPTL 550(2)(f) a clerical error has been made.

       NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax
     map number 112.03-1-12.1 on the 2009 Town of Barrington Tax Roll be corrected to read as



                                 Billed                          Should Be                       Difference
     County                     $ 53.12                          $ -0-                           $ (53.12)
     Town                         38.85                             -0-                             (38.85)
     School Relevy               108.06                             -0-                           (108.06)
     Dundee F.D.                    8.46                            -0-                              ( 8.46)

      Total     208.49            -0-      (208.49)

     and be it further

        RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further

        RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the
     resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and
     be it further

       RESOLVED, that a copy of this resolution be sent to the Barrington Town Clerk, the Director of Real Property
     Tax Service and the County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 66-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Flood.

       AUTHORIZE THE ADVANCE USE OF COUNTY FUNDS, AUTHORIZE THE PAYMENT OF THESE
        FUNDS BY COUNTY TREASURER AND APPROPRIATE THE FUNDING FOR YATES COUNTY
             HOMEOWNERSHIP (HUD) ASSISTANCE PROGRAM GRANT AWARDED IN 2008

      WHEREAS, Yates County received a 2008 Small Cities Block Grant in the amount of $750,000 for the Yates
     County Homeownership Program and

       WHEREAS, these funds will be needed at the time of the client‟s closing date for the transfer of deed, it is hereby
     authorized that the Yates County Treasurer is authorized to use County funds and then request the necessary
     reimbursement from the Governor‟s Office for Small Cities and be it further
                                PROCEEDINGS OF THE LEGISLATURE                                                         39


 RESOLVED, that the 2008 funds be appropriated as follows:

 Appropriation
 CE8989.4171 (Homeownership Grants) $481,800
 CE8989.4172 (Program Delivery)        90,900
 CE8989.4173 (Rehabilitation Assistance)    121,500
 CE8989.4174 (Inspections)       16.500
 CE8989.4175 (General Administration)       39,300
           $750,000

 Revenue
 CE4990.0 (Federal Aid-HUD)        $750,000

and be it further

 RESOLVED, that a copy of this resolution be given to the Planner, Budget Officer and County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 67-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Dennis.

 RESOLUTION APPROVING THE OFFICIAL UNDERTAKING OF PUBLIC EMPLOYEES FIDELITY
     (BLANKET) BOND FOR GENESEE/FINGER LAKES REGIONAL PLANNING COUNCIL

         WHEREAS, the County has appropriated the sum of $6,647.00 as its share of the Year 2009 operating
funds of the Genesee Finger Lakes Regional Planning Council; and

         WHEREAS, pursuant to Section 119-00 of the General Municipal Law of the State of New York, the
County is authorized to provide for the payment of such appropriations to an officer of the agency designated by the
agency to receive such monies provided that such officer shall have executed an official undertaking approved by
the governing body of the County; and

         WHEREAS, the Genesee Finger Lakes Regional Planning Council has designated David S. Zorn, Director
of the Council, as the officer to receive payments of such monies; and

          WHEREAS, the Genesee Finger Lakes Regional Planning Council has secured a Public Employees
Fidelity (Blanket) Bond, issued by National Grange Mutual Insurance Company, providing faithful performance
blanket bond coverage for officers and employees of the Council in the amount of $500,000;

          NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature hereby approves such bond
as the official undertaking required pursuant to Section 119-00 of the General Municipal and be it further

        RESOLVED, that copies of this resolution be given to the County Planner, the County Administrator, the
County Treasurer and David S. Zorn, Director of the Council.
VOTE: Unanimous



                                            RESOLUTION NO. 68-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Flood.

             SET DATE FOR PUBLIC HEARING ON LOCAL LAW 1-09 ENTITLED
   A LOCAL LAW TO INCREASE TAX EXEMPTION FOR PERSONS 65 YEARS OF AGE OR OVER
40                                   PROCEEDINGS OF THE LEGISLATURE


         RESOLVED, that the Clerk of the Yates County Legislature is directed to advertise a public hearing on
     proposed law 1-09 A Local Law To Increase Tax Exemption For Persons 65 Years Of Age Or Over

         BE IT RESOLVED, said public hearing shall be held February 23, 2009 at 6:00PM in the Yates County
     Legislative Chambers, 417 Liberty Street, Penn Yan, NY.

                                                          NEW YORK STATE DEPARTMENT OF STATE
     Local Law Filing                    162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file
     a local law with the Secretary of State.)

      Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
     underling to indicate new matter.

      County
      City of Yates
      Town
      Village

        Local Law No. 1-09

        A LOCAL LAW TO INCREASE TAX EXEMPTION FOR PERSONS 65 YEARS OF AGE OR OVER
        (Insert Title)

     Be it enacted by the Legislature of the

     County
     City    of Yates_ as follows:
     Town
     Village

             BE IT ENACTED by the County Legislature of the County of Yates as follows:
             Local Law No. 3-73 Section 5(a) as last amended by Local Law 1-89 and Local Law 3-08 is hereby
             amended to read as follows:

             SECTION 5. Limitations on Exemption

             The amount of income to determine eligibility for tax exemption under section 467 of the Real Property
             Tax Law is increased to $11,650.00.

             The income eligibility sliding scale set forth under section 467(b)(1), (b)(2), and (b)(3) of the Real Property
             Tax Law shall continue for property owners exceeding the $11,650.00 income eligibility level.




                                                                              Percentage Assessed Valuation
             Annual Income             Exempt From Taxation


                      $0              to              $11,650.00                                             50%
              $11,650.01              to              $12,649.99                                             45%
                                PROCEEDINGS OF THE LEGISLATURE                                                          41


         $12,650.00               to              $13,649.99                                            40%
         $13,650.00               to              $14,649.99                                            35%
         $14,650.00               to              $15,549.99                                            30%
         $15,550.00               to              $16,449.99                                            25%
         $16,450.00               to              $17,349.99                                            20%
         $17,350.00               to              $18,249.99                                            15%
         $18,250.00               to              $19,149.99                                            10%
         $19,150.00               to              $20,049.99                                             5%
         $20,050.00                                  or more                                             0%

       This increase shall be effective with the 2009 assessment roll.
VOTE: Unanimous
                                            RESOLUTION NO. 69-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                                   AMEND RESOLUTION NO. 85-08
                           (AUTHORIZE OCCUPANCY TAX REIMBURSEMENT )

  WHEREAS, Resolution No. 85-08 allowed a credit to collectors of the tax for the purpose of reimbursing them for
the costs of collecting and filing of the tax, and that credit was set at 3% reimbursement to a maximum of $30 per
quarter, be it

          RESOLVED that said credit is hereby amended to 5% reimbursement to a maximum of $50 per quarter as
a credit to off set the costs incurred by the lodging community in collecting the occupancy tax and shall take effect
December 1, 2008 for the quarter payment due March 20, 2009, and be it further

        RESOLVED, that a copy of this resolution be given to the County Treasurer.
VOTE: Unanimous
                                            RESOLUTION NO. 70-09
Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Fitch.
AUTHORIZE CHAIRMAN TO SIGN MEMORANDUM OF UNDERSTANDING FOR ALLOCATION OF
                                                   FUNDING

 WHEREAS, funding has been appropriated in the 2009 Yates County Budget for the following agencies:

        Yates County Chamber of Commerce                                        $ 57,238.00
        Finger Lakes Tourism Alliance                                           $ 12,500.00
        The Yates County Agricultural Society                                   $ 1,039.00
        Retired & Senior Volunteer Program                                      $ 3,183.00
        Yates County Arts Council                                               $ 1,247.00
        Yates County Genealogical and Historical Society                        $ 5,296.00

         NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Yates County
Legislature is hereby authorized to sign said memorandums for the allocation for these funds, and be it further

      RESOLVED, that a copy of this resolution be provided to the County Treasurer.
VOTE: Unanimous
                                       RESOLUTION NO. 71-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Paddock.
42                                   PROCEEDINGS OF THE LEGISLATURE


                     AUTHORIZE CHAIRMAN TO SIGN AGREEMENTS WITH ATTORNEYS

      WHEREAS, Yates County employs several part-time attorneys and

       WHEREAS, the county does not provided secretarial service for these attorneys and it is necessary for them to use
     their own law firm for secretarial service,

       NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into
     agreements with Public Defender Edward Brockman, Assistant Public Defender Keith Lord, and DSS Attorney
     Douglas Reynolds for secretarial services, and be it

      RESOLVED, that the county insurance requirements are hereby waived and be it further

      RESOLVED, that a copy of this resolution be provided to the County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 72-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

                         REQUEST HOME RULE LEGISLATION TO AMEND TAX LAW IN
                         RELATION TO THE IMPOSITION OF ADDITIONAL SALES TAX

       WHEREAS, in 2003 Yates County identified a 1% increase in its sales tax as a method for obtaining
     approximately $2 million per year in additional county revenue without imposing an additional burden on property
     owners through the property tax, and

      WHEREAS, the State Legislature subsequently approved and extension of this legislation effective December 1,
     2007, and

      WHEREAS, the authorization for this additional 1% sales tax expires on November 30, 2009, and

              WHEREAS, there is still a critical need for this additional sales tax revenue,

       NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature hereby requests home rule
     legislation to extend the amendment to the tax law in relation to the imposition by the County of an additional 1% on
     the County portion of the sales tax rate in Yates County, and be it further

       RESOLVED, that copies of this resolution be given to Senator George H. Winner, Jr., Assemblyman Jim Bacalles,
     the Yates County Administrator and the Yates County Treasurer.
     VOTE: Unanimous
                                               RESOLUTION NO. 73-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.




                        ADOPT 2009 EMPLOYEE BENEFITS FOR NON-UNION PERSONNEL

      WHEREAS, the Yates County Legislature has agreed to health insurance and other
     benefits for
     non-union personnel,
       NOW, THEREFORE, BE IT RESOLVED, that effective January 1, 2009, the Yates County Legislature adopts the
     following health insurance options and other benefits for non-union personnel as listed below:
                                  PROCEEDINGS OF THE LEGISLATURE                                                         43


                                                         Group I

       1. Part-time employees not listed elsewhere and temporary employees as per Res. #76-96

            No benefits except New York State Retirement to the extent required by law. May participate in medical and
            dental group insurance upon payment of the full monthly required premium if the employee maintains a
            minimum work schedule of at least seventeen (17) hours per week.

                                                        Group II

 1. Assistant Public Defender
 2. Assistant County Attorney
 3. County Attorney
 4. County Legislator
 5. Director of Weights and Measures
       6.        Insurance Manager
       7.         Medical Social Worker
                 Part-time Licensed Professionals as per Res. #76-96 and Temporary Licensed Professionals
 8. Public Defender
 9. Social Services Attorney

Benefits:

1. New York State Retirement
2. Allowance if no medical coverage and part-time employee: 20% of County‟s share of Blue Healthy Choices-B
insurance premium for a single policy only

Medical Options:
1. Health Insurance: Blue Healthy Choices B or Blue EPO-I (employee must contribute 5% of
   premium) – single policy only. Employees and elected officials must pay the difference for additional
  coverage. Employees (or elected officials) hired (or take office) after January 1, 2008 will only be
  offered the Blue Healthy Choices B plan.
2. Smile Saver I Dental Insurance (employee can purchase at full cost)
3. Medical Spending Account (maximum $3,500)
4. Dependent Care Spending Account (maximum $5,000)

                                                        Group III
 1. County Clerk
 2. County Treasurer
 3. District Attorney
       4.         Sheriff

Benefits:
1. New York State Retirement
2.    Allowance if no medical coverage part-time or full-time employee:                  20% of the County‟s share
   of Blue Healthy Choices-B insurance premium


Medical Options:
1. Health Insurance: Blue Healthy Choices B or Blue EPO-I (employee must contribute 5% of
   premium). Elected Officials (and full time non-union employees) that take office (or are hired) after
  January 1, 2008 will only be offered the Blue Healthy Choice B plan.
2. Smile Saver I Dental Insurance (employee can purchase at full cost)
3. Medical Spending Account (maximum $3,500)
4. Dependent Care Spending Account (maximum $5,000)
44                                  PROCEEDINGS OF THE LEGISLATURE


                                                           Group IV
              1.     Administrative Assistant (non-union full-time)
              2.     Animal Control Officer
              3.     Building Maintenance Supervisor
              4.     Chief Deputy
              5.     Chief Dispatcher
              6.     Clerk of Legislature
              7.     Commissioner of Social Services
              8.     Confidential Assistant to Sheriff
      9.      County Administrator
      10.     County Historian
      11.     Deputy Commissioner of Social Services
      12.     Deputy County Clerk
      13.     Deputy County Treasurer
      14.     Deputy Director of Public Health
              15.    Deputy Highway Superintendent
              16.    Director of Income Maintenance & Child Support
              17.    Director of Information Technology
      18.     Director of Patient Services/Public Health
      19.     Director of Real Property Tax Services
      20.     Director of Veterans Services
      21.     Election Commissioner
      22.     Emergency Preparedness Director/Fire Coordinator
      23.     First Assistant District Attorney
              24.    Highway Superintendent
              25.    Motor Vehicle Supervisor
              26.    Personnel Assistant
              27.    Personnel Officer
              28.    Planner
              29.    Probation Director
              30.    Public Health Assistant
              31.     Secretary to the District Attorney
              32.     Second Assistant District Attorney
              33.     Supervising Public Health Nurse
              34. Undersheriff
              35.      Workforce Development and Youth Bureau Director

      Benefits:
      Same as Group III

     and be it further

      RESOLVED, that a copy of this resolution be given to the Treasurer, the County Administrator and the Personnel
     Officer.
     VOTE: Unanimous
                                                RESOLUTION NO. 74-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                          AUTHORIZE CHAIRMAN TO SIGN CONTRACTS WITH TOWNS
                                      FOR DOG CONTROL SERVICE

      WHEREAS, the County has had an agreement with the Towns of Barrington, Benton, Italy, Jerusalem, Middlesex,
     Milo, Potter, Starkey, and Torrey for dog control services, and

      WHEREAS, it is necessary to renew said agreement with the Towns,
                                 PROCEEDINGS OF THE LEGISLATURE                                                             45



  NOW, THEREFORE, BE IT RESOLVED, that Yates County furnish dog control services to the Towns of
Barrington, Benton, Italy, Jerusalem, Middlesex, Milo, Potter, Starkey, and Torrey from 1/1/09 to 12/31/10 with the
same provisions as indicated in the previous agreement, and be it further

 RESOLVED, that copiers of this resolution be provided to the Towns and the Sheriff.
VOTE: Unanimous
                                          RESOLUTION NO. 75-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.
                             ESTABLISH PAYMENT FOR ELECTION WORKERS
                (VOTING MACHINE CUSTODIANS, VOTING MACHINE TECHNICIANS,
                            ELECTION INSPECTORS AND POLLSITE WORKERS)


  WHEREAS, the New York State Election Law reflect that an election inspector who attends the required yearly
training session conducted by the Election Commissioners shall be paid thirty dollars for each training session they
attend in the County. No travel allowance will be paid for this training.

  NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Election Commissioners, that the
election inspectors be compensated as part time non-union employees at a rate of $10.00 per hour for Primary,
General and Special Elections, Election Inspectors acting as chair shall receive $12.50 per hour for Primary, General
and Special Elections, and be it

         RESOLVED, upon the recommendation of the Election Commissioners any election worker who is
assigned to travel outside of their town, shall be paid at an additional rate of $1.00/hour for that assignment and be it

  RESOLVED, those poll site workers who are assigned to assist in other duties necessary to carry out the election
will be compensated at the rate of $10.00 per hour. Mileage will not be paid for those duties if performed within the
county.

  NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Election Commissioners for the year
2009, that the election custodians servicing the lever machines be compensated as part time non union employees, at
a rate of $20 per hour per lever machine with a three hour requirement per machine which includes set up and tear
down and will be paid $15.00 per hour for other services related to the election, and those voting machine
technicians serving in a computer technical capacity be compensated as part time non union employees, at a rate of
$25.00 per hour, and that the lever machine custodians will be paid mileage when they travel outside of their town
for voting machine set-up, and be it further

  RESOLVED, that the voting machine technicians will be paid mileage when they travel outside of Yates County
for training and attendance at meetings mandated by the State Board of Elections, and other services related to the
election, and be it further

        RESOLVED, that a copy of this resolution be given to the Election Commissioners, the Treasurer, and the
Personnel Office.
VOTE: Unanimous


                                              RESOLUTION NO. 76-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                  AUTHORIZE CHAIRMAN TO SIGN CONTRACT AMENDMENT WITH
                             BROWN & BROWN OF NEW YORK, INC.
46                                  PROCEEDINGS OF THE LEGISLATURE


       RESOLVED, that, the Chairman is authorized to sign an amended contract with Brown & Brown of New York,
     Inc. to extend the insurance and risk management consulting services from February 16, 2009 to May 15, 2009 in
     the amount of $2,500 per month, and

              RESOLVED, that the Treasurer is authorized to pay said monthly invoice from Brown & Brown in the
     event that the County Attorney has not reviewed the amendment prior to the applicable monthly audit, and be it
     further

      RESOLVED, that a copy of this resolution be provided to the Treasurer, the Personnel Officer and Brown &
     Brown of New York, Inc.
     VOTE: Roll Call – Alexander, Willson, Fitch, Flood, Banach, Taylor, Nielsen, J. Multer, Holgate, Webster, R.
     Multer voting “Yes” Dennis, House, Paddock voting “No” motion carried

                                                 RESOLUTION NO. 77-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                         ESTABLISH RATE OF PAY (C. Smith)

       WHEREAS, the employment procedures contained in the Yates County Administrative Guide and the CSEA
     contract state that a person may be hired above the beginning pay rate with Legislative approval, and

      WHEREAS, it has been established that Christine Smith, RN has substantial work experience,

      NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Director of Public Health, that
     Christine Smith, RN be hired at the Step 2 rate, Group XIII of the CSEA contract ($22.42) effective January 28,
     2009 and be it further

              RESOLVED, that a copy of this resolution be given to the Budget Officer, the Director of Public Health,
     the Treasurer, the CSEA Local President, Ms. Smith and the Personnel Officer.
     VOTE: Unanimous
                                               RESOLUTION NO. 78-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                  CREATE INFORMATION SYSTEMS SUPPORT SPECIALIST POSITION
           AND ABOLISH WELFARE MANAGEMENT SYSTEMS (WMS) COORDINATOR POSITION

             RESOLVED, that a full-time CSEA position in the Social Services Department as Information Systems
     Support Specialist be created and the position of Welfare Management Systems Coordinator be abolished as of
     February 12, 2009, and be it further

             RESOLVED, that the position of Information Systems Support Specialist is hereby placed in Group VIII of
     the current collective bargaining agreement between Yates County and the CSEA, and be it further

            RESOLVED, that a copy of the resolution be provided to Budget Officer, CSEA Yates County Unit
     President, Treasurer, Commissioner of Social Services and Personnel Officer.
     VOTE: Unanimous

                                                 RESOLUTION NO. 79-09

     Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Banach.

     AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE
         FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A
       TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFORE
                                PROCEEDINGS OF THE LEGISLATURE                                                           47


  WHEREAS, a Project for the Bridge Replacement (BIN 3219340) on Fox Mill Road over Keuka Lake Outlet,
Yates County, P.I.N 6754.22 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls
for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20 % non-
federal funds, and

  WHEREAS, the County of Yates desires to advance the Project by making a commitment of 100% of the non-
federal share of the costs of the bridge replacement (BIN 3219340) on Fox Mill Road over Keuka Lake Outlet,

 NOW, THEREFORE, the Yates County Legislature, duly convened does hereby

          RESOLVE, that the Yates County Legislature hereby approves the above-subject project; and it is hereby
further

         RESOLVED, that the Yates County Legislature hereby authorizes the County of Yates to pay in the first
instance 100% of the federal and non-federal share of the cost of Preliminary Engineering/Design and Right-of-Way
Incidentals work for the Project of portions thereof; and it is further

        RESOLVED, that the sum of $150,000 is hereby appropriated pursuant to the Yates County 2009 annual
budget and made available to cover the cost of participation in the above phase of the Project; and it is 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 Yates shall convene as soon as possible to appropriate said excess amount
immediately upon the notification by the NYSDOT thereof, and it is further

           RESOLVED, that the Chairman of the Yates County Legislature be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid
on behalf of the County of Yates with the New York State Department of Transportation in connection with the
advancement or approval of the Project and providing for the administration of the Project and the municipality‟s
first instance funding of project costs and permanent funding of the local share of federal-aid and state aid eligible
Project costs and all Project costs within appropriations therefore that are not so eligible, and it is 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 it is further

          RESOLVED, this Resolution shall take effect immediately.

Mrs. Flood stated that she forgot to remind everyone to participate in the Community Health Assessment Survey.
This can be done online in about 15 minutes at www.s2aynetwork.org.

Meeting adjourned at 1:15p.m.
48                                  PROCEEDINGS OF THE LEGISLATURE


                               SPECIAL MEETING – MONDAY, FEBRUARY 23, 2009

     The Legislature convened in special session Monday, February 23, 2009 in the Legislative Chambers at 6:00 p.m.,
     Chairman Robert Multer presiding, Legislator Flood absent.

                                                RESOLUTION NO. 80-09

     Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Webster.

                               APPOINT DIRECTOR OF WEIGHTS AND MEASURES

      RESOLVED, that Carl J. Smeenk, Jr., is hereby appointed to the part-time position of Director of Weights and
     Measures, effective March 2, 2009 at a starting salary of $22,000, and be it further

      RESOLVED, that the 2009 non-union salary schedule is hereby amended to include this position, and be it further

      RESOLVED, that copies of this resolution be given to the Personnel Officer, the County Administrator and Carl
     Smeenk.
     VOTE: Unanimous

     Chairman Multer opened the public hearing on proposed Local Law 1-09 Entitled A Local Law To Increase Tax
     Exemption For Persons 65 Years Of Age Or Over and asked if there were any comments. There being no comments
     Chairman Multer closed the public hearing at 6:02 p.m.

                                                RESOLUTION NO. 81-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

        ADOPT LOCAL LAW #1-09 ENTITLED A LOCAL LAW TO INCREASE TAX EXEMPTION FOR
                             PERSONS 65 YEARS OF AGE OR OVER


      WHEREAS, proposed Local Law 1-2009 entitled A Local Law To Increase Tax Exemption For Persons 65 Years
     Of Age Or Over was introduced at the February 12, 2009 meeting

      NOW, THEREFORE, BE IT RESOLVED, the proposed Local Law 1-2009 entitled A Local Law To Increase Tax
     Exemption For Persons 65 Years Of Age Or Over is hereby adopted and be it further

      RESOLVED, that a copy of this resolution be given to the County Attorney, the Real Property Tax Director.

     NEW YORK STATE DEPARTMENT OF STATE
     Local Law Filing                    162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file
     a local law with the Secretary of State.)

      Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
     underling to indicate new matter.


      County
      City of Yates
      Town
      Village

        Local Law No. 1-09

        A LOCAL LAW TO INCREASE TAX EXEMPTION FOR PERSONS 65 YEARS OF AGE OR OVER
                                PROCEEDINGS OF THE LEGISLATURE                                                             49



Be it enacted by the Legislature of the

County
City    of Yates_ as follows:
Town
Village
         BE IT ENACTED by the County Legislature of the County of Yates as follows:
         Local Law No. 3-73 Section 5(a) as last amended by Local Law 1-89 and Local Law 3-08 is hereby
         amended to read as follows:

         SECTION 5. Limitations on Exemption

         The amount of income to determine eligibility for tax exemption under section 467 of the Real Property
         Tax Law is increased to $11,650.00.

         The income eligibility sliding scale set forth under section 467(b)(1), (b)(2), and (b)(3) of the Real Property
         Tax Law shall continue for property owners exceeding the $11,650.00 income eligibility level.
         Percentage Assessed Valuation

         Annual Income             Exempt From Taxation


                    $0              to               $11,650.00                                                  50%
           $11,650.01               to               $12,649.99                                                  45%
           $12,650.00               to               $13,649.99                                                  40%
           $13,650.00               to               $14,649.99                                                  35%
           $14,650.00               to               $15,549.99                                                  30%
           $15,550.00               to               $16,449.99                                                  25%
           $16,450.00               to               $17,349.99                                                  20%
           $17,350.00               to               $18,249.99                                                  15%
           $18,250.00               to               $19,149.99                                                  10%
           $19,150.00               to               $20,049.99                                                    5%
           $20,050.00                                    or more                                                   0%

This increase shall be effective with the 2009 assessment roll.
VOTE: Unanimous

                                             RESOLUTION NO. 82-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Willson.

                                     RENEW NATURAL GAS CONTRACT
                                           (Stand Energy Corp.)

 RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract renewal with Stand
Energy Corp. from August 1, 2009 through April 30, 2010, and be it further

  RESOLVED, that in conjunction with this contract the Building Maintenance Supervisor is hereby authorized to
sign a purchase agreement with Stand Energy Corp. for the purchase and storage of 700 dekatherms of natural gas
per month from May through September 2009 at a price of $5.40 to $5.50 per dekatherm, and be it further
50                                    PROCEEDINGS OF THE LEGISLATURE


      RESOLVED, that copies of this resolution be given to the Building Maintenance Supervisor, the Treasurer and the
     Administrator.
     VOTE: Unanimous

     Meeting adjourned at 6:04 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                         51


                              REGULAR SESSION – MONDAY, MARCH 9, 2009

The Yates County Legislature convened in regular session, Monday, March 9, 2009 in the Legislative Chambers at
1:00 p.m., Chairman Robert Multer presiding, Legislator Holgate and the County Administrator were absent.

Chairman Multer reported that Deborah Martin, Assistant Attorney General in Charge could not attend the meeting
today but has rescheduled for the April meeting.

Minutes of the February 12th meeting were approved as presented.

Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund                        $ 11,178.80
Finance                             $ 40,934.03
Government Operations               $ 55,011.37
Human Services                      $377,330.74
Prior To Audit                      $647,112.47
Public Safety                       $135,382.85
Public Works                        $154,243.38

COMMITTEE REPORTS
Mrs. Alexander reported, Glen Miller will be setting up a presentation from the Federal National Weather Service,
which has given their final approval on the Storm Ready Program and they would like to make a presentation to the
Legislature at the April 13th meeting. Mrs. Alexander also reported a civil service exam will be given April 4th for
correction officers there are now 64 applicants who have applied to take the test.

Mr. Fitch reported with regard to Resolution 127-09 which is a resolution supporting funding for U.S.D.A. Resource
Conservation and Development Program. This is what we call RC&D in this area. Mr. Fitch feels that this is
important that we support reauthorizing this program from the Federal Government. The program has a lot of
beneficial things going for it. This is a six member county group, Chemung, Ontario, Schuyler, Seneca, Steuben,
and Yates and we are all about consolidation. The RC&D have provided technical and financial assistance to
conservation practices that have gone on in Yates County. They have coordinated tourism, improving water quality,
and grading systems and sustainability of agriculture. Since 1972 the RC&D has brought in $6 million dollars into
the six county regions. This program is a small part of the U.S.D.A.‟s program at only $52 million dollars this is a
nationwide program not just in the six county regions. Our RC&D is well known for the venison donation program.
This is where venison is donated to the RC&D and then it is processed and donated to the food pantries. Mr. Fitch
stated he put letters of support that go to Congressman Massa, and our two senators into each legislator‟s mailbox.
Mr. Fitch asked that they be signed and returned to Connie to mail out in bulk.

Mr. Fitch reported the Finance Committee recently suggested that the Legislature set up a task force. We all know
there is a lot of confusion and uncertainty what is going on with the State and Federal budget process. We have no
idea how this is going to affect Yates County in the long run or the short term. We have asked that a member of
each standing committee serve on this budget task force and they will meet with the Administrator, Sarah Purdy, to
discuss the budget impacts to Yates County.

Mrs. Flood reported in April of 2010 the census will be done. The Complete Count Committee for the United State
Census is trying to make everyone aware in the County that it is very important that everyone be counted. This is
how the Federal Government decides what the formulas are for determining how our taxes get back to us in Yates
County. Mrs. Flood will be scheduling a meeting in April for the volunteers that will be helping with the census.

Chairman Multer reported that all of the legislator‟s disclosure forms have been filed with the Clerk of the
Legislature and can be reviewed by anyone that wants to see them.
52                                   PROCEEDINGS OF THE LEGISLATURE


     Chairman Multer stated there has been a lot of discussion and concern recently concerning the changes at the Milo
     Transfer Station regarding recyclables and trash. Chairman Multer read the following statement:

       The Yates County Legislature is aware of the concern many County residents have about the $1 per axle fee now
     being charged by Casella Waste Services to residents who bring their trash and recycling to the Milo transfer station.
       Members of the Legislature met on Friday, March 6 with Ray Bell, the Geneva-Auburn Market Area Manager for
     Casella, to discuss these concerns.
       The Legislature understands that, in these tough economic times, Casella is no different than any other business
     and has to take measures such as charging a fee in order to offset its operating costs and stay alive.
       But Legislators also made it clear to Mr. Bell that many residents are struggling to make ends meet and cannot
     afford curbside pickup so using the transfer station is their option for properly disposing of trash and recyclables,
     and charging a fee creates a disincentive.
       Legislators and Mr. Bell agreed to keep the lines of communication open and to continue to work together to
     maintain the operations of the Milo transfer station.

                                                 RESOLUTION NO. 83-09

     Mrs. Alexander offered the following resolution and moved is adoption, seconded by Mr. Webster.

     AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN ANNUAL SERVICE PLAN AND CONTRACT
      BETWEEN NYS DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES AND YATES
                                        COUNTY

       WHEREAS, the Yates County Alternatives to Incarceration Advisory Board has approved the 2009 Alternatives
     To Incarceration Service Plan application which reflects no major changes in the community service program and
     recommends allocation of state funds to that program,

       THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the 2009 Annual
     Alternatives To Incarceration Service Plan Application and subsequent contract with the NYS Division of Probation
     and Correctional Alternatives upon approval of the County Attorney,

      And be it further

      RESOLVED, that copies of this resolution be sent to the Probation Director.
     VOTE: Unanimous
                                              RESOLUTION NO. 84-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Dennis.

                              AUTHORIZE SHERIFF AND CHAIR TO SIGN BOARDING
                                CONTRACT RENEWAL WITH SCHUYLER COUNTY

               NOW, THEREFORE, BE IT RESOLVED, that upon the approval of the County Attorney that the Sheriff
     and Chairman may sign jail boarding contract with Schuyler County at $65 per diem effective January 1, 2009 as
     required for inmate housing, and effective July 1, 2009 at $75 per diem through December 31, 2009, and

            RESOLVED, that a copy of this resolution be provided the Sheriff.
     VOTE: Unanimous
                                            RESOLUTION NO. 85-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.




                            AUTHORIZE CHAIRMAN TO SIGN CONTRACT APPENDIX
                                 PROCEEDINGS OF THE LEGISLATURE                                                           53



          WHEREAS, the State Office of Homeland Security (SOHS) contract No. T839372 was previously
authorized by this Legislature for the Sheriff to make LETPP protective homeland security equipment purchases in
the amount of $46,700, and given the fact that a balance was left over after purchase (SOHS) authorized additional
special light equipment purchases to resolve the balance, and now requires an appendix signed for attachment to
previously signed agreement by the Chairman,

         NOW, THEREFORE, BE IT RESOLVED, that the Chairman is authorized to sign said Appendix X
(standard form) for (SOHS) contract T839372 previously approved per Resolutions 211-08 and 339-08, and

       RESOLVED, that a copy of this be provided the Sheriff and Treasurer.
VOTE: Unanimous
                                       RESOLUTION NO. 86-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Dennis.

                               CREATE JAIL PHYSICIAN (part-time) POSITION

    WHEREAS, the Yates County Jail currently operates with a part-time Jail Nurse Practitioner and Jail Physician
on a contractual basis with Rushville Health Center (RHC), and the Sheriff desires for administrative, economics,
efficiency and suitability to have the services from a single part-time Jail Physician employee,

    NOW, THEREFORE, BE IT RESOLVED, that the contract with RHC not be renewed and be terminated; and
the position of Jail Nurse Practitioner (part-time) is hereby eliminated and the position of Jail Physician (part-time)
is created for the hourly rate of $60 and that this position be added to Group I for employee benefits purposes per
Res. 73-09, and

   RESOLVED, that a coy of the resolution be provided the Personnel Officer, Treasurer, Director of Public
Health, and the Sheriff.
VOTE: Unanimous
                                        RESOLUTION NO. 87-09

Mrs. Alexander offered resolutions 87 thru 96-09 and moved their adoption, seconded by Mr. Paddock.

                               AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                            (DI FABIO)

  RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with William DiFabio to serve
as Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it further

 RESOLVED, that the liability insurance requirement is waived, and further

 RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 88-09

                               AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                             (MELFI)

  RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with Paul Melfi to serve as
Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it further

 RESOLVED, that the liability insurance requirement is waived, and further
54                                 PROCEEDINGS OF THE LEGISLATURE


      RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
     County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 89-09

                                  AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                                (DAILEY)

       RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with B. Ryan Dailey to serve
     as Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it further

      RESOLVED, that the liability insurance requirement is waived, and further

      RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
     County Treasurer.
     VOTE: Unanimous

                                               RESOLUTION NO. 90-09

                                  AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                              (EGBURTSON)

       RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with Daniel Egburtson to
     serve as Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it
     further

      RESOLVED, that the liability insurance requirement is waived, and further

      RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
     County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 91-09

                                  AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                               (FARRELL)

       RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with George Farrell to serve
     as Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it further

      RESOLVED, that the liability insurance requirement is waived, and further

      RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
     County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 92-09

                                  AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                               (MAHANEY)

       RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with Thomas Mahaney III to
     serve as Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it
     further
       RESOLVED, that the liability insurance requirement is waived, and further

      RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
     County Treasurer.
                              PROCEEDINGS OF THE LEGISLATURE                                                       55


VOTE: Unanimous
                                          RESOLUTION NO. 93-09

                             AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                           (MILLER)

  RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with Tracey Miller to serve as
Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it further

 RESOLVED, that the liability insurance requirement is waived, and further

 RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 94-09

                             AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                           (PERRY)

  RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with Matthew Perry to serve
as Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it further

 RESOLVED, that the liability insurance requirement is waived, and further

 RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 95-09

                             AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                         (ZIMMERMAN)

  RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with Steve Zimmerman to
serve as Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it
further

 RESOLVED, that the liability insurance requirement is waived, and further

 RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 96-09

                             AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                          (BASSETT)

  RESOLVED, that the Chairman is hereby authorized to sign the agreement contract with Rodney Bassett to serve
as Instructor and or Practical Evaluator in the Yates County Office of Emergency Management and be it further

 RESOLVED, that the liability insurance requirement is waived, and further

 RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
County Treasurer.
VOTE: Unanimous

                                          RESOLUTION NO. 97-09
56                                  PROCEEDINGS OF THE LEGISLATURE



     Mr. Paddock offered resolutions 97 and 98-09 and moved their adoption, seconded by Mr. House.

                  SIGN AGREEMENT ON BEHALF OF S2AY RURAL HEALTH NETWORK FOR
                             2009-2010 RURAL HEALTH NETWORK GRANT

       RESOLVED, that the Chairman is hereby authorized to sign an agreement on behalf of the S 2AY Rural Health
     Network with the New York State Department of Health, Office of Rural Health Network, for a rural health network
     grant in the amount of $233,961 for the period February 1, 2009 – January 31, 2010, and be it further

      RESOLVED, that a copy of this resolution be sent to the Public Health Office and the Yates County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 98-09

      SIGN AGREEMENT ON BEHALF OF S2AY RURAL HEALTH NETWORK WITH HUMAN SERVICE
                                     DEVELOPMENT

             RESOLVED, that the Chairman is hereby authorized to sign an agreement on behalf of the S 2AY Rural
     Health Network with Human Service Development to carry out the work plan of the S 2AY Rural Health Network in
     the amount of $16, 233.00/month plus expenses for the period January 1, 2009 – December 31, 2009, and be it
     further

      RESOLVED, that a copy of this resolution be sent to the Public Health Office and the Yates County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 99-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Dennis.

         SIGN AGREEMENT WITH YATES COUNTY OFFICE FOR THE AGING FOR AIDE SERVICES

      RESOLVED, that the Chairman is hereby authorized to sign an agreement with Yates County Office for the
     Aging and Yates County Public Health for the provision of elderly medical in-home services and non-medical in-
     home services in accordance with EISEP guidelines in the amount of $107,902 for the period of April 1, 2009-
     March 31, 2010, and be it further

      RESOLVED, that a copy of this resolution be sent to the Public Health Office, the Yates County Treasurer and the
     Yates County Office for the Aging.
     VOTE: Unanimous
                                             RESOLUTION NO. 100-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Webster.

     AUTHORIZE CONTRACT WITH YATES COUNTY
                                           WORKFORCE DEVELOPMENT


       RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of the Legislature is
     authorized to sign a contract between the Department of Social Services and the Workforce Development Office for
     the provision of all employment and training functions to eligible applicants and recipients of temporary cash
     assistance and food stamp benefits for the period January 1, 2009 – December 31, 2009 at a contract amount not to
     exceed $59,991.00, and be it further

      RESOLVED, that copies of this resolution be forwarded to the Department of Social Services, the Workforce
     Development Office, and the County Treasurer.
     VOTE: Unanimous
                                PROCEEDINGS OF THE LEGISLATURE                                                           57


                                            RESOLUTION NO. 101-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                   AUTHORIZE CONTRACT FOR FRAUD INVESTIGATION SERVICES

          RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of this Legislature
be authorized to sign a contract between the Yates County Department of Social Services and the Yates County
Sheriff's Office for the provision of fraud investigation services to the Department of Social Services for the period
January 1, 2009-December 31, 2009 at a cost not to exceed, $57,528.00, and be it further

          RESOLVED, that a copy of this resolution be forwarded to the Yates County Treasurer, Yates County
Sheriff's Department, and the Yates County Department of Social Services.
VOTE: Unanimous
                                          RESOLUTION NO. 102-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                         INCREASE WORKFORCE DEVELOPMENT 2009 BUDGET

        WHEREEAS, Workforce Development will receive funds in 2009 from the New York State Office of
Mental Health through the Department of Community Services, and

         WHEREAS, in 2009 the funds will be split between Adult and Youth,

        NOW, THEREFORE, BE IT RESOLVED, that revenue account CD4794.0 (Adult Funds) be increased by
the amount of $3,093.00, and the revenue account CD4794.Y (Youth Funds) be increased by the amount of
$7,394.00 and

         BE IT RESOLVED, that the workforce Development 2009 budget be increased as follows:

                                                     Adult Funds

                  CD6292.1L         KKP Staff Wage Adult                            $ 1,500.00
                  CD6292.8L         KKP Staff Fringe Adult                          $ 570.00
                  CD6292.41L        KKP Operating Adult                             $ 471.00
                  CD6292.81L        KKP Participant Wage Adult                      $ 400.00
                  CD6292.81L        KKP Participant Fringe Adult                    $ 152.00

                  CD4794.0          Revenue KKP Adult                               $ 3,093.00

                                                    Youth Funds

                  CD6292.1E         KKP Staff Wage Youth                            $ 2,900.00
                  CD6292.8E         KKP Staff Fringe Youth                          $ 1,100.00
                  CD6292.41E        KKP Operating Youth                             $ 1,364.00
                  CD6292.11E        KKP Participant Wage Youth                      $ 1,800.00
                  CD6292.81E        KKP Participant Fringe Youth                    $ 185.00

              CD4794.Y                Revenue KKP Youth                             $ 7,394.00
VOTE: Unanimous
                                            RESOLUTION NO. 103-09

Mr. Fitch offered resolutions 103 and 104-09 and moved their adoption, seconded by Mrs. Alexander.

                    APPOINT MEMBER TO THE YATES COUNTY PLANNING BOARD
58                                   PROCEEDINGS OF THE LEGISLATURE


                                     (Judy Wiltberger, Representing the Town of Milo)

      WHEREAS, Judy Wiltberger (2421 Millers Cove, Penn Yan, New York 14527), has been recommended by the
     Town of Milo to be its representative to the Yates County Planning Board,

      NOW, THEREFORE, BE IT RESOLVED, that Judy Wiltberger is hereby appointed as a member of the Yates
     County Planning Board, representing the Town of Milo, to a term to expire on March 9, 2012, and be it further

       RESOLVED, that copies of this resolution be given Judy Wiltberger, the County Planner, the Town of Milo and a
     copy filed with the County Clerk.
     VOTE: Unanimous
                                               RESOLUTION NO. 104-09

                          APPOINT MEMBER TO THE YATES COUNTY PLANNING BOARD
                                   (Sandra King, Representing the Town of Potter)

       WHEREAS, Sandra King (4419 Italy Valley Road, Penn Yan, NY 14527), has been recommended by the Town
     of Potter to be its representative to the Yates County Planning Board,

       NOW, THEREFORE, BE IT RESOLVED, that Sandra King is hereby appointed as a member of the Yates County
     Planning Board, representing the Town of Potter, to a term to expire on March 9, 2012, and be it further

       RESOLVED, that copies of this resolution be given Sandra King, the County Planner, the Town of Potter and a
     copy filed with the County Clerk.
     VOTE: Unanimous
                                               RESOLUTION NO. 105-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT
                                     WITH NEW YORK STATE FENCE INC.

                WHEREAS, bids were received for upgrades to four cantilever slide gates at the Penn Yan-Yates County
     Airport;

                WHEREAS, the bids were reviewed for correctness and completeness; and

                WHEREAS, the low bid was submitted by New York State Fence Inc in the amount of $4,795.00

            NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute an
     agreement with New York State Fence Inc. in an amount not to exceed $4,795.00; and be it further

             RESOLVED, that copies of this resolution be given to the Yates County Treasurer, the Airport Council,
     and Passero Associates.
     VOTE: Unanimous

                                                     RESOLUTION NO. 106-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Flood.

                         ADOPT LEASE/RENTAL FEES AT PENN YAN – YATES COUNTY AIRPORT

      WHEREAS, T-hangars have been built at the Penn Yan – Yates County Airport and

      WHEREAS, it is the intent of the County Legislature to lease or rent said T-hangars
                               PROCEEDINGS OF THE LEGISLATURE                                                  59


  NOW, THEREFORE, BE IT RESOLVED, that effective February 1, 2009 a lease/rental fee of $195 per month is
hereby approved and be it further

 RESOLVED, that a copy of this resolution be provided to the Airport Council and the County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 107-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                         APPROPRIATE 2008 RESERVE FOR ENCUMBRANCES

   WHEREAS, the Reserve for Encumbrances in the amount of $127,907.62 for General Fund be appropriated to
the following accounts:

A1165.4916 (District Attorney-Publications)       170.35
A1325.4011 (Treasurer-Consultants)      10,000.00
A1355.4156 (Real Property Tax-Training)        2,760.00
A1355.4902 (Real Property-Assessment Rolls & Tax Bills) 8,500.00
A1430.4516 (Personnel-Printing)           55.00
A1460.4002 (Records Management-Archival of Records)          190.67
A1620.4422 (B&G-COB-Bldg. Equipment Maint)            1,427.08
A1620.4678 (B&G-COB-Utilities: Gas)          2,700.00
A1621.4453 (B&G-PSB-Supplies: Buildings & Grounds)           500.00
A1621.4678 (B&G-PSB-Utilities: Gas)        2,100.00
A1623.4422 (B&G-Courthouse-Bldg. Equipment Maint.) 2,427.09
A1623.4678 (B&G-Courthouse-Utilities: Gas) 1,800.00
A1625.4678 (B&G-Utilities: Gas)            400.00
A1680.2115 (IT-Computer Hardware)        11,294.39
A3110.4483 (Sheriff-YCTIT Supplies)           99.00
A3110.4731 (Sheriff-Protective Equipment)         737.00
A3110.4744 (Sheriff-Star Unit)         754.18
A3110.4749 (Sheriff-Uniforms)          190.65
A3140.4156 (Probation-Training)        5,000.00
A3140.4916 (Probation-Publications)         18.75
A3150.1830 (Jail-Corrections Officer)    37,415.04
A3150.8100 (Jail-FICA/Medicare)          2,862.25
A4320.4290 (CS-Managed Addiction Treatment) 10,814.00
A8020.4580 (Planning-GIS Maintenance)          7,500.00
A8160.4412 (Refuse & Garbage-Landfill-Engineering) 18,192.17

and be it further

    RESOLVED, the Reserve for Encumbrances in the amount of $271,128.62 for Road Fund be appropriated to the
following:

D5010.4470 (Road-Admin.-Supplies: Office)       24.01
D5110.4629 (Road-Maint Road & Bridges-Stone/Gravel) 6,650.00
D5120.4997 (Road-Bridges & Culverts-Main St. Bridge)   157,454.61
D5120.4998 (Road-Bridges & Culverts-Fox's Mill Bridge) 107,000.00

and be it further

   RESOLVED, the Reserve for Encumbrances in the amount of $10,548.22 for Road Machinery be appropriated to
the following:

DM5130.4652 (Road Mach-Diesel Fuel         10,380.22
60                                  PROCEEDINGS OF THE LEGISLATURE


     DM9060.8307 (Road Mach-Eyeglasses)              168.00

     and be it further

        RESOLVED, a copy of this resolution be given to the District Attorney, Real Property Tax Director, Personnel
     Officer, Building Maintenance Supervisor, Historian, IT Director, Sheriff, Community Services Director, Budget
     Officer, Highway Superintendent, Probation Director, Planner and County Treasurer.
     VOTE: Unanimous
                                               RESOLUTION NO. 108-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                              2009 BUDGET TRANSFERS

       BE IT RESOLVED, that the following transfers be made in the 2009 Budget:

      $18,700 from A1990.4905 (Contingent Fund) to A6610.1610 (Weights & Measures-Director of Weights &
     Measurers);
      $1,425 from A1990.4905 (Contingent Fund) to A6610.8100 (Weights & Measures-FICA/Medicare);
      $122 from A1990.4905 (Contingent Fund) to A1920.4907 (Special Items-Municipal Association Dues);
      $2,024 from A1355.8303 (Real Property Tax Service-Medical Insurance CSEA) to A1355.1520 (Real Property
     Tax Service-Insurance Buyout CSEA);
      $14.31 from A6510.4408 (Veteran Services-Equipment Maintenance/Repairs) to A6510.1509 (Veteran Services-
     Comp Time Buyout CSEA);

     and be it further

      RESOLVED, that a copy of this resolution be given to the Budget Officer, Real Property Tax Director, Veteran
     Services Director, Director of Weights & Measurers and County Treasurer.
     VOTE: Unanimous
                                               RESOLUTION NO. 109-09

     Mr. Fitch offered resolutions 109 and 110-09 and moved their adoption, seconded by Mr. Nielsen.

                         APPROPRIATE NEW YORK STATE DEPARTMENT OF HEALTH
                                2009 FACILITATED ENROLLMENT GRANT


        WHEREAS, Yates County Public Health Department received a New York State Department of Health
     Facilitated Enrollment Grant for the year 2009 in the amount of $502,700 and accepted by Resolution No. 435-08
     and;

        WHEREAS, these funds are not part of the 2009 Budget;

        NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $502,700:

        Appropriation
        A4010.4946 (Grant: Facilitated Enrollment)

        Revenue
        A3403 (State Aid-SAY Grant)

     and be it further

        RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer and County
     Treasurer.
                                PROCEEDINGS OF THE LEGISLATURE                                                  61


VOTE: Unanimous
                                           RESOLUTION NO. 110-09

                           APPROPRIATE MEDICAL RESERVE CORP GRANT
                                       (PUBLIC HEALTH)

         WHEREAS, Yates County Public Health Department received a Medical Reserve Corp Grant for the year
2009 in the amount of $10,000 and;

    WHEREAS, these funds are not part of the 2009 Budget;

   NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $10,000:

   Appropriation
   A4010.4956 (Grant: Medical Reserve Corp)

   Revenue
   A4488 (Federal Aid-Medical Reserve Corp)

and be it further

   RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer and County
Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 111-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Flood.

                           DECREASE COMMUNITY SERVICES 2009 BUDGET

  WHEREAS, the State of New York has decreased the allocations for the 2009 Community Services funding and
therefore, it is necessary to decrease the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED that the following decreases be made:

 Appropriation
       A4320.4277 (CS-Vocational Services)                                 5,138
       A4320.4258 (CS-Family Support)                                        929
       A4320.4278 (CS-Case Management)                                     5,131
       A4320.4276 (CS-Supported Housing)                                     408
       A4320.4262 (CS-Kendra‟s Law)                                          387
       A4320.4054 (CS-SP Entry/Accountability)                               672
       A4320.4281 (CS-Transportation)                                        659
       A4320.4274 (CS-Social Club)                                         1,762
       A4320.4257 (CS-Drop In)                                               721
       A4320.4682 (CS-Utilities: Telephone/Fax)                              200
       A4320.4661 (CS-Vehicle Parts/Maint/Repairs)                           200
       A4320.4660 (CS-Travel Expenses)                                        50
       A4320.4654 (CS-Mileage)                                               200
       A4320.4515 (CS-Postage)                                                70
       A4320.4507 (CS-Copier Charges)                                        100
       A4320.4470 (CS-Supplies: Office)                                       57
       A4320.4653 (CS-Gasoline)                                               50

         Total Appropriations   $ 16,734
62                                  PROCEEDINGS OF THE LEGISLATURE


      Revenue
            A3498 (State Aid-Integrated Supp Empl)                               1,536
            A3493 (State Aid-Psychiatric Rehab)                                  2,877
            A3494 (State Aid-Children & Youth)                                     929
            A3505 (State Aid-Supportive Case Mgmt)                               5,131
            A3503 (State Aid-New Initiative Funds)                                 408
            A3500 (State Aid-Kendra‟s Law)                                         387
            A3499 (State Aid-Commissioners Pool)                                   672
            A3492 (State Aid-Community Support Services)                         4,794

                         Total Revenues       $ 16,734
     and be it further

      RESOLVED, that a copy of this resolution be given to the Community Services Director, Budget Officer and
     County Treasurer.
     VOTE: Unanimous
                                             RESOLUTION NO. 112-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Dennis.

                              APPROPRIATE TOWN OF GORHAM FUNDING FOR
                          FLINT CREEK SMALL WATERSHED PROTECTION DISTRICT

      WHEREAS, the Flint Creek Small Watershed Protection District and the Town of Gorham agreed to clear the
     portion north of the bridge in Gorham for better water flow and the agreement was that the Town of Gorham would
     pay 65% of the expenditures and the FCSWPD would pay 35% and the bills would be paid by the FCSWPD,

      NOW, THEREFORE, BE IT RESOLVED that the Town of Gorham portion of this project would be the
     maximum of $15,000 and these funds have been received by the Yates County Treasurer but are not part of the 2009
     FCSWPD budget;

      NOW, THEREFORE, BE IT RESOLVED that the $15,000 be appropriated as follows:

      Appropriation
      JA8740.0 (FCSWPD-Expenses)

      Revenue
      JA2391 (FCSWPD-Share Joint Activity-O.G.)

     and be it further

      RESOLVED, that a copy of this resolution be given to Richard Calabrese, Town of Gorham Supervisor, Edward
     Hansen, Chairman of the FCSWPD and Yates County Treasurer.
     VOTE: Unanimous
                                             RESOLUTION NO. 113-09

     Mr. Fitch offered resolutions 113 thru 118-09 and moved their adoption, seconded by Mr. Paddock.

                                     APPROPRIATE CARRY-OVER OF 2008
                                  NEW YORK STATE DEPARTMENT OF HEALTH
                                          BIOTERRORISM GRANT

              WHEREAS, Yates County Public Health Department received a New York State Department of Health
     Bioterrorism Grant in the year 2008 and a balance of $37,831.81 remained at the end of 2008 and these funds can be
     carried over to the 2009 Fiscal Year and;
                               PROCEEDINGS OF THE LEGISLATURE                                                       63


   WHEREAS, these funds are not part of the 2009 Budget;

   NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $37,831.81:

   Appropriation
   A4010.4938 (Grant: Disaster Planning)

   Revenue
   A3406 (State Aid-Disaster Planning)

and be it further

   RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer, and County
Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 114-09

                                 APPROPRIATE CARRY-OVER OF 2008
                                MEDICAL RESERVE CORP GRANT FUND

  WHEREAS, Yates County Public Health Department received Medical Reserve Corp Grant Funds from the
Federal Government in the year 2008 and a balance of $2,335.65 remained at the end of 2008 and these funds can be
carried over to the 2009 Fiscal Year and;

 WHEREAS, these funds are not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $2,335.65:

 Appropriation
 A4010.4956 (Grant: Medical Reserve Corp)

 Revenue
 A4488 (Grant: Medical Reserve Corp)

and be it further

 RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer, and County
Treasurer.
VOTE: Unanimous




                                           RESOLUTION NO. 115-09

                                APPROPRIATE CARRY-OVER OF 2008
                             NEW YORK STATE DEPARTMENT OF HEALTH
                                 RURAL HEALTH NETWORK GRANT

    WHEREAS, Yates County Public Health Department received a New York State Department of Health Rural
Health Network Grant in the year 2008 and a balance of $26,835.34 remained at the end of 2008 and these funds can
be carried over to the 2009 Fiscal Year and;

   WHEREAS, these funds are not part of the 2009 Budget;

   NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $26,835.34:
64                                  PROCEEDINGS OF THE LEGISLATURE



        Appropriation
        A4010.4947 (Grant: Rural Health Network)

        Revenue
        A3403 (State Aid-SAY Grant)

     and be it further

        RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer, and County
     Treasurer.
     VOTE: Unanimous

                                                RESOLUTION NO. 116-09

                                     APPROPRIATE CARRY-OVER OF 2008
                                  NEW YORK STATE DEPARTMENT OF HEALTH
                                         CANCER SUPPORT GRANT

        WHEREAS, Yates County Public Health Department received a New York State Department of Health Cancer
     Support Grant in the year 2008 and a balance of $915.30 remained at the end of 2008 and these funds can be carried
     over to the 2009 Fiscal Year and;

          WHEREAS, these funds are not part of the 2009 Budget;

        NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $915.30:

        Appropriation
        A4010.4941 (Grant: Cancer Support)

        Revenue
        A3404 (State Aid-Cancer Support Grant)

     and be it further

        RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer, and County
     Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 117-09

                                     APPROPRIATE CARRY-OVER OF 2008
                                  NEW YORK STATE DEPARTMENT OF HEALTH
                                       BIOTERRORISM GRANT FOR SAY

        WHEREAS, Yates County Public Health Department received a New York State Department of Health
     Bioterrorism Grant for the SAY Network in the year 2008 and a balance of $52,164.50 remained at the end of 2008
     and these funds can be carried over to the 2009 Fiscal Year and;

        WHEREAS, these funds are not part of the 2009 Budget;

        NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $52,164.50:

        Appropriation
        A4010.4987 (Grant: Bioterrorism SAY)

        Revenue
                               PROCEEDINGS OF THE LEGISLATURE                                                      65


   A4487 (Federal Aid-Bioterrorism)

and be it further

   RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer, and County
Treasurer.
VOTE: Unanimous

                                          RESOLUTION NO. 118-09

                                 APPROPRIATE CARRY-OVER OF 2008
                               COLORECTAL SCREENING GRANT FUNDS

 WHEREAS, Yates County Public Health Department received a Colorectal Screening Grant from New York State
Department of Health in the year 2008 and a balance of $7,007.02 remained at the end of 2008 and these funds can
be carried over to the 2009 Fiscal Year and;

 WHEREAS, these funds are not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $7,007.02:

 Appropriation
 A4010.4989 (Grant: Colorectal Screening)

 Revenue
 A3405 (Grant: Colorectal Screening)

and be it further

 RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer, and County
Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 119-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                              APPROPRIATE PUBLIC HEALTH DONATIONS

 WHEREAS, the Yates County Public Health Office has received donations in the amount of $50 for Cancer
Support Services and these funds are not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased:

 Appropriation
 A4010.4941 (Public Health-Cancer Support Services) $ 50.00

 Revenue
 A1689 (Donations-Public Health)        $ 50.00

and be it further

 RESOLVED, that a copy of this resolution be given to the Director of Public Health, Budget Officer and County
Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 120-09
66                                         PROCEEDINGS OF THE LEGISLATURE


     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                                 CORRECT 2007, 2008, 2009 TAX ROLL
                                                    MILO TAX MAP NO. 87.84-1-4

              WHEREAS, an application has been made to correct the 2007, 2008, and 2009 Town of Milo Tax Roll on
     tax map number 87.84-1-4 pursuant to Section 554 of the Real Property Tax Law and Patricia C. Brede, Real
     Property Tax Director has verified that pursuant to RPTL 550(2)(c) a clerical error has been made.

        NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes, levied against tax
     map number 87.84-1-4 on the 2007, 2008 and 2009 Town of Milo Tax Roll be corrected to read as
     2007
                               Billed                     Should Be                      Difference
     County            $       49.94                         -0-                           (49.94)
     Town                      18.89                         -0-                           (18.89)
     School                    95.96                         -0-                           (95.96)
     Himrod F.D                  7.81                        -0-                           ( 7.81)

        Total            $172.60                               -0-             (172.60)

     2008
     County         .65              -0-                    (.65)
     Town         .24              -0-                    (.24)
     School      1.21              -0-                       (1.21)
     Himrod F.D.        .09                -0-                        (.09)

      Total      2.19          -0-                        (2.19)

     2009
     County           .60            -0-                    (.60)
     Town           .24            -0-                    (.24)
     School        1.14            -0-                 (1.14)
     Himrod                  .09                 -0-                  (.09)

      Total      2.07          -0-                 (2.07)

     and be it further

        RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further


         RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the
     resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and
     be it further

        RESOLVED, that a copy of this resolution be sent to the Milo Town Clerk, Real Property Tax Director and the
     County Treasurer.
     VOTE: Unanimous

                                                          RESOLUTION NO. 121-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                           AMEND RESOLUTION NO. 229-04 TITLED
      "ADOPTING A POLICY REGARDING THE SALE OF TAX ACQUIRED PROPERTIES BY PRIVATE
                                         SALE"
                                PROCEEDINGS OF THE LEGISLATURE                                                         67



 WHEREAS, the Yates County Legislature wishes to add an additional requirement to Resolution No. 229-04;

 NOW, THEREFORE, BE IT RESOLVED, that the following paragraph be added:

  RESOLVED, that the cost of filing the deed and required paperwork in the Yates County Clerk's Office to record
the tax acquired property to the previous owner(s) must be paid at the time the taxes are paid and the $1,500 fee is
paid to the Yates County Treasurer." and be it further

 RESOLVED, that a copy of this resolution be given to the County Administrator, the County Attorney and the
County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 122-09

Mr. Fitch offered the resolutions 122 and 123-09 and moved their adoption, seconded by Mrs. Alexander.

                                   APPROPRIATE E911 RESERVE FUNDS

 WHEREAS, the Yates County Sheriff needs to appropriate $30,000 of the E911 Reserve Funds;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $30,000

 Budgetary Account
 A511.100 (Appropriate Reserve-E911)

 Appropriation Account
 A3021.2423 (E911 Dispatch Center-Enhanced 911)

and be it further

 RESOLVED, that a copy of this resolution be given to the Sheriff, Budget Officer and County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 123-09

                                   APPROPRIATE W911 RESERVE FUNDS

 WHEREAS, the Yates County Sheriff needs to appropriate $20,000 of the W911 Reserve Funds;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $20,000

 Budgetary Account
 A511.101 (Appropriate Reserve-W911)

 Appropriation Account
 A3021.2504 (E911 Dispatch Center-W911)

and be it further

 RESOLVED, that a copy of this resolution be given to the Sheriff, Budget Officer and County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 124-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                             AUTHORIZE TREASURER TO MAKE PAYMENT
68                                  PROCEEDINGS OF THE LEGISLATURE


       RESOLVED, that the Treasurer is hereby authorized to pay $3,200 to Midland Appraisal Associates, Inc. for a
     property appraisal, and be it further

      RESOLVED, that a copy of this resolution be given to the Treasurer.
     VOTE: Unanimous

                                                RESOLUTION NO. 125-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                FILE COUNTY OFFICERS ANNUAL REPORTS WITH CLERK OF LEGISLATURE

       RESOLVED, that all County Officers reports be filed with the Clerk of the Legislature by April 1, 2009 and that
     said copies will be in the form of electronic and a hard copy and be it further

      RESOLVED, that copies of this resolution be forwarded to all County Departments.
     VOTE: Unanimous
                                              RESOLUTION NO. 126-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

     APPOINT DEBBIE KOOP AND EILEEN FARNAN TO THE YATES COUNTY AGRICULTURAL AND
                             FARMLAND PROTECTION BOARD

            WHEREAS, the term of the Yates County Agricultural and Farmland Protection Board member Deborah
     Koop and Eileen Farnan has expired,

              NOW, THEREFORE, BE IT RESOLVED, that Debbie Koop and Eileen Farnan are hereby appointed to
     the Agricultural and Farmland Protection Board for a four-year term to expire December 31, 2012, and be it further

            RESOLVED, that copies of this resolution be given to Larry Lewis, Peter Landre and the County Planner.
     VOTE: Unanimous
                                            RESOLUTION NO. 127-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Fitch.

       RESOLUTION IN SUPPORT OF FUNDING FOR THE U.S.D.A.‟S RESOURCE CONSERVATION &
                                 DEVELOPMENT PROGRAM

            WHEREAS: The Finger Lakes Resource Conservation & Development (RC&D) Council served its six
     member counties (Chemung, Ontario, Schuyler, Seneca, Steuben & Yates) for 37 years.

              WHEREAS: The Finger Lakes RC&D Council has served as a valuable conservation partner by providing
     technical and financial assistance in regards to the implementation of conservation practices on farms in Yates
     County.

              WHEREAS: The Finger Lakes RC&D Council provides valuable services to the agricultural community by
     promoting agri-tourism, improving water quality, implementing prescribed grazing systems and encouraging
     agricultural sustainability.

             WHEREAS: The Finger Lakes RC&D Council has secured grant funding for its constituents within the
     Council‟s six county region in excess of $6,000,000.00 since its inception in 1972.

             WHEREAS: President Obama has recommended eliminating funding for U.S.D.A.‟s Resource
     Conservation & Development Program in the Fiscal Year 2010 Federal Budget.
                               PROCEEDINGS OF THE LEGISLATURE                                                        69


         WHEREAS: The loss of funding and the elimination of the RC&D program will negatively impact the
services available to the agricultural and rural communities throughout New York State and the United States.

         WHEREAS: Agriculture is a vital industry in Yates County with over 860 farms and nearly $90 million in
annual sales, be it

         RESOLVED, the Yates County Legislature recognizes the importance of maintaining the services of the
Finger Lakes RC&D Council in Yates County and recommends the Federal budget for fiscal year 2010 be restored
at a minimum to its current level of $52million in order to insure the continuation of this valuable locally based
conservation and rural development program.
VOTE: Unanimous
                                            RESOLUTION NO. 128-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Fitch.

   AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN CONTRACT APPENDIX X FOR VOTER
          EDUCATION/POLL WORKER TRAINING PROGRAM GRANT RENEWAL

  WHEREAS, the New York State Board of Elections has allocated certain State funds provided to New York State
to educate voters and poll workers when new voting machines are purchased in the amount of $13,744.00 as part of
the New York State Budget for year 2009-2010, and

  WHEREAS, the Yates County Board of Elections desires to use the balance of the $13,744.00 appropriation for
the purposes set forth

  NOW, THEREFORE BE IT RESOLVED, the Chairman of this Legislature, and the Yates County Election
Commissioners, are authorized to sign the contract appendix extending the time to use the appropriations and be it
further

 RESOLVED, that a copy of this resolution be given to the Election Commissioners, and the Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 129-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.



 PURCHASE COMPUTER HARDWARE FOR INSTALLATION OF AN ELECTION MANAGEMENT
SYSTEM (EMS) AND PAY SEQUOIA VOTING SYSTEMS FOR INSTALLATION OF SOFTWARE AND
         TRAINING OF YATES COUNTY BOARD OF ELECTIONS STAFF IN ITS USE

  WHEREAS, the Yates County Board of Elections requires an Election Management System to program ballots for
the Sequoia Image Cast Voting System and

  WHEREAS, the Yates County Board of Elections owns the Sequoia Election Management System software to
program the ballots

  THEREFORE, it is necessary to allocate to the Board of Elections $26,600 to purchase the computer hardware
necessary to run the EMS software and pay Sequoia Voting Systems for the installation of the software and training
of the Board‟s staff in its use and be it further

 RESOLVED, that copies of this resolution be given to the Election Commissioners and the Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 130-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.
70                                  PROCEEDINGS OF THE LEGISLATURE



                                       GRANT UNPAID LEAVE OF ABSENCE
                                                 (G. Jensen)

            RESOLVED, that Gale Jensen, part-time Secretary to the County Attorney is hereby granted an unpaid leave
     of absence from March 6, 2009 through April 19, 2009, and be it further

            RESOLVED, that a copy of this resolution be given to Ms. Jensen, the County Attorney, Personnel Officer
     and Treasurer.
     VOTE: Unanimous
                                             RESOLUTION NO. 131-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                              AUTHORIZE CHAIRMAN TO SIGN CONTRACT WITH
                                      EAGLE CLAIM SERVICES, INC.

       RESOLVED, that, the Chairman is authorized to sign an agreement with Eagle Claim Services, Inc. for third party
     administrative services in connection with the Yates County Workers‟ Compensation Self Insurance Program to
     commence on April 1, 2009 through March 31, 2010 in the amount of $13,000 per year, and be it further

      RESOLVED, that a copy of this resolution be provided to the Personnel Officer, Treasurer and Eagle Claim
     Services, Inc.
     VOTE: Unanimous
                                             RESOLUTION NO. 132-09

     Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Banach.

                     PURCHASE OF DRY/WET EXTRACTION CARPET CLEANING SYSTEM

      WHEREAS, the Building Maintenance Supervisor has received 3 Proposals for the purchase of a “Dry/Wet
     Extraction Carpet Cleaning System”, and

      WHEREAS, the Proposals were as follows:



      Horwitz Supply     $4,285.50
            Vasco Brands      $4,385.25
            Wilcox Paper      $5,013.00

      WHEREAS, $5,000.00 was budgeted for this Dry/Wet Extraction System in the 2009 budget,

       NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to purchase
     the Dry/Wet Extraction System from Horwitz Supply for the total sum of $4,285.50.
     VOTE: Unanimous
                                              RESOLUTION NO. 133-09

      Mr. Holgate offered resolutions 133 thru 139 and moved their adoption, seconded by Mr. Paddock.

                                         AWARD BID FOR ABRASIVE SAND

             WHEREAS, bids were requested for Abrasive Sand and received on February 12, 2009 at 10:00 a.m. and
     two firms submitted bids to the Yates County Highway Department, and
                                    PROCEEDINGS OF THE LEGISLATURE                                                        71


                                                                     Elam
                                                                    Materials           Hanson Agg
                               FOB @ Vendor Yard/ton                 3.65                  4.25
                                                                                         Route 96,
                               Location of Sand                     Cohocton              Phelps

                               Delivered to:
                               Yates Co. Hwy - Benton                 11.00                7.50
                               Barrington Hwy - Bath Rd               11.10                9.25
                               Italy Hwy - Italy Valley Rd             9.00                9.75
                               Middlesex Hwy - Mill St.                8.75                9.25
                               Potter Hwy - Phelps Rd                  9.65                8.75
                               Starkey Hwy - Dundee Starkey
                               Rd                                     12.80                10.00
                               Torrey Hwy - Route 14                  12.80                 8.25

         WHEREAS, the bid award for F.O.B. abrasive sand shall be determined by combining the price per ton at
 the vendor yard and the Yates County cost for hauling the materials to the job site, and

          WHEREAS, delivered prices shall be awarded to Hanson for Yates County Highway, Barrington Highway,
 Potter Highway and Starkey Highway, and Torrey Highway. To Elam Materials for Italy Highway, and Middlesex
 Highway, and be it further

          RESOLVED, that copies of this resolution be forwarded to each bidder, the Yates County Treasurer, and
 the Yates County Highway Superintendent.
 VOTE: Unanimous
                                          RESOLUTION NO. 134-09

                                         AWARD BID FOR COLD MIX PATCH

           WHEREAS, bids were requested for Cold Mix Patch and received on February 12, 2009 at 10:00 a.m. and
 three firms submitted bids to the Yates County Highway Department



                COARSE           INTERMEDIATE       HFMS-2GWS                         OTHER BID      OTHER BID
                MIX AT           MIX                 with Pugmill    SK Modified        ITEMS          ITEMS       SITE OF
  BIDDER
                                                          AT                                                     OPERATIONS
               VENDOR'S           AT VENDOR‟S       CUSTOMER‟S                          FOB AT      FOB AT
                 SITE                 SITE              YARD                          VENDOR SITE VENDOR SITE
SENECA
STONE              NB                   NB                NB         $ 114.00 / ton       NB            NB         Fayette

SUIT KOTE      $ 91.73 / ton        $ 90.69 / ton    $ 3.16 / gal    $ 112.69 / ton       NB            NB       Watkins Glen
HANSON
AGGREGATE      $74.00 / ton             NB               NB          $ 94.00 / ton        NB            NB       Oaks Corners




         NOW, THEREFORE BE IT RESOLVED, to award the bid to Hanson Aggregates for Course Mix and SK
 Modified at Vendor‟s Site, To Suit Kote for Intermediate Mix at Vendor‟s Site, and HFMS-2GWS with Pugmill at
 Customer‟s Yard, and be it further

          RESOLVED, that copies of this resolution be forwarded to each bidder, the Yates County Treasurer, and
 the Yates County Highway Superintendent.
72                                  PROCEEDINGS OF THE LEGISLATURE


     VOTE: Unanimous
                                                  RESOLUTION NO. 135-09

                                                 AWARD BID FOR GRAVEL

             WHEREAS, bids were requested for Gravel and received on February 12, 2009 at 10:00 a.m. and two firms
     submitted bids to the Yates County Highway Department,


                                                        RK Howell              S.J. Kula
                                 ITEM I
                                 (FOB)
                                  Screened Gravel           5.15 / ton         6.00 / ton

                                   Crushed Gravel              NB              8.00 / ton
                                 ITEM II
                                 (FOB)
                                 Bank Run Gravel            3.10 / ton         4.25 / ton

                                 Site of Operation           Dundee             Naples

                                 DELIVERED
                                 PRICE

                                 Benton Yard
                                           Item I           10.00 / ton           NB
                                          Item II            8.00 / ton           NB
                                 Guyanoga Barns
                                           Item I           10.25 / ton           NB
                                          Item II            8.25 / ton           NB


             WHEREAS, the bid award for F.O.B. gravel shall be determined by combining the price per ton at the
     vendor yard and the Yates County cost for hauling the materials to the job site,

             NOW, THEREFORE BE IT RESOLVED, that due to various project locations throughout the County, the
     bid award shall be made to all bidders for Screened or Crushed Gravel and Bank Run Gravel, and be it further

             RESOLVED, to forward a copy of this resolution to all bidders, the Yates County Treasurer and the Yates
     County Highway Superintendent.
     VOTE: Unanimous
                                           RESOLUTION NO. 136-09

                                                 AWARD BID FOR CRUSHED STONE

       WHEREAS, bids were requested for Crushed Stone and received on February 12, 2009 at 10:00 a.m. and four
     firms submitted bids to the Yates County Highway Department, and

                                  1ST                                            1A                                       1B
          Stone
           type   FOB   Benton    Guy    Italy    Starkey     FOB     Benton     Guy     Italy   Starkey   FOB   Benton   Guy   Italy   Starkey
                                                               PROCEEDINGS OF THE LEGISLATURE                                                                                                                 73


          Dolomite        Lime       9.00        13.00       13.50         14.35         15.50         9.25      13.25      13.75        14.60        15.75        9.00        13.00     13.50      14.35        15.50
           Hanson         Lime       9.25        12.75       14.00         14.75         15.00        10.00      13.50      14.75        15.50        15.75        9.25        12.75     14.00      14.75        15.00
       Blades- Bath       Sand           nb           nb           nb           nb          nb          nb          nb           nb          nb          nb         nb           nb           nb        nb          nb
   Blades – Howard     Gravel      12.00              nb           nb           nb          nb        14.00         nb           nb          nb          nb       14.00          nb           nb        nb          nb
      Seneca Stone        Lime     10.00              nb           nb           nb          nb        10.15         nb           nb          nb          nb       10.00          nb           nb        nb          nb

                                                             #1                                                             #2                                                           #3
                       Stone
                        type      FOB         Benton        Guy           Italy        Starkey        FOB     Benton        Guy          Italy     Starkey        FOB      Benton        Guy        Italy     Starkey
          Dolomite        Lime       9.00        13.00       13.50         14.35         15.50         9.00      13.00      13.50        14.35        15.50        9.00        13.00     13.50      14.35        15.50
           Hanson         Lime       9.25        12.75       14.00         14.75         15.00         9.25      12.75      14.00        14.75        15.00        9.25        12.75     14.00      14.75        15.00
       Blades- Bath       Sand       9.75             nb           nb           nb          nb         9.75         nb           nb          nb          nb        9.75          nb           nb        nb          nb
   Blades – Howard     Gravel      10.00              nb           nb           nb          nb        10.00         nb           nb          nb          nb         nb           nb           nb        nb          nb
      Seneca Stone        Lime     10.00              nb           nb           nb          nb        10.00         nb           nb          nb          nb       10.00          nb           nb        nb          nb

                                                      1 & 1A Blend                                                  1 & 2 Blend                                                #2, #1, #1A Blend
                       Stone
                        type      FOB         Benton        Guy           Italy        Starkey        FOB     Benton        Guy          Italy     Starkey FOB             Benton        Guy        Italy     Starkey
          Dolomite        Lime       9.25        13.25       13.75         14.60         15.75         9.00      13.00      13.50        14.35        15.50        9.00        13.00     13.50      14.35        15.50
           Hanson         Lime     10.00         13.50       14.75         15.50         15.00         9.25      12.75      14.00        14.75        15.00        9.25        12.75     14.00      14.75        15.00
       Blades- Bath       Sand           nb           nb           nb           nb          nb         9.75         nb           nb          nb          nb         nb           nb           nb        nb          nb
   Blades – Howard     Gravel      11.00              nb           nb           nb          nb        10.00         nb           nb          nb          nb       11.00          nb           nb        nb          nb
      Seneca Stone        Lime     10.15              nb           nb           nb          nb        10.00         nb           nb          nb          nb       10.15          nb           nb        nb          nb


                                                      Gabion Stone                                                   Rip Rap Heavy                                               Rip Rap Medium
                  Stone
                   type        FOB        Benton        Guy             Italy        Starkey           FOB       Benton      Guy           Italy      Starkey      FOB         Benton     Guy         Italy      Starkey
      Dolomite        Lime        9.00        14.00        14.50         15.35             16.50        13.00      20.00         21.00      22.00            nb     12.00       19.00     20.00        21.00          nb
        Hanson        Lime        9.25        12.75        14.00         14.75             15.00        13.50      20.00         21.00      21.75       22.00       12.50       19.00     20.00        20.75       21.00
   Blades- Bath       Sand       13.75          nb           nb             nb                   nb     15.50          nb          nb            nb          nb     15.50           nb         nb           nb        nb
Blades – Howard   Gravel           nb           nb           nb             nb                   nb         nb         nb          nb            nb          nb           nb        nb         nb           nb        nb
   Seneca Stone       Lime        8.75        18.00        19.00         19.00             20.00        13.50      23.50         24.25      24.25       25.25       13.50                 24.25        24.25       25.2523.50

                                                 Crusher Run
             Stone
             type              FOB Benton Guy     Italy Starkey
   Dolomite Lime                 6.25 10.50 11.00 11.85 13.00
     Hanson Lime                 6.25  9.75 11.00 11.75 12.00
Blades- Bath Sand                7.75    nb    nb     nb     nb
    Blades –
    Howard Gravel                   nb             nb             nb              nb         nb
Seneca Stone Lime                 7.00             nb             nb              nb         nb

                      WHEREAS, the bid award for F.O.B. crushed stone shall be determined by combining the price per ton at
              the vendor site of operations and the Yates County cost for hauling the materials to the job site, and

                      WHEREAS, the bid award for stone to be delivered to the various sites listed on the charts above shall be
              awarded by individual product type to the lowest bidder for each delivery site,

                        NOW, THEREFORE BE IT RESOLVED, that the award be made to all bidders for Crushed Stone, and be
              it further
74                                  PROCEEDINGS OF THE LEGISLATURE


             RESOLVED, that copies of this resolution be forwarded to each bidder, the Yates County Treasurer, and
     the Yates County Highway Superintendent.
      VOTE: Unanimous
                                              RESOLUTION NO. 137-09

                                   AWARD BID FOR DEER CARCASS REMOVAL

              WHEREAS, bids were requested for Deer Carcass Removal and received on February 12, 2009 at 10:00
     a.m. and one firm submitted a bid to the Yates County Highway Department,


                                                       Price per                 Proposed
                                                         Deer                   Disposal Site
                     Bidder

                     Dick‟s Enterprises                  29.00                Steuben Landfill


             NOW, THEREFORE BE IT RESOLVED, to award the bid to Dick‟s Enterprises, and be it further

              RESOLVED, that copies of this resolution be forwarded to each bidder, the Yates County Treasurer, and
     the Yates County Highway Superintendent.
     VOTE: Unanimous
                                              RESOLUTION NO. 138-09

                                    AWARD BID FOR VEGETATION SPRAYING

              WHEREAS, bids were requested for Vegetation Spraying and received on February 12, 2009 at 10:00 a.m.
     and one firm submitted a bid to the Yates County Highway Department,




                                                                             DeAngelo Brothers
                                                                                   Inc.

                     Price per Mile of Roadside Application                         23.78

                     Price per Gallon for Material Mixture                   950 gal @ 2.39 ea

                     Total Price for Application & Materials                     $10,831.30

                     Roadside to be treated : Approximately 360 Miles


              NOW, THEREFORE BE IT RESOLVED, to award the bid to DeAngelo Brothers, Inc. for the price of $
     23.78 per mile of roadside application and $ 2.39 per gallon of material mixture, for a total Application and
     Materials amount not to exceed the 2009 Yates County line item budget amount of $ 10,000.00, and be it further

             RESOLVED, that copies of this resolution be forwarded to the bidder, the Yates County Treasurer, and the
     Yates County Highway Superintendent.
     VOTE: Unanimous
                                             RESOLUTION NO. 139-09
                               PROCEEDINGS OF THE LEGISLATURE                                                      75



                                      AWARD BID FOR PROPANE GAS

        WHEREAS, bids were requested for Propane Gas and received on February 12, 2009 at 10:00 a.m. and one
firm submitted a bid to the Yates County Highway Department,



                  Bidder                                         Price Per Gallon


                  Ferrellgas                                     $ 1.21153 ($.30 over BPN)




        NOW, THEREFORE BE IT RESOLVED, to award the bid to Ferrell Gas, and be it further

         RESOLVED, that copies of this resolution be forwarded to each bidder, the Yates County Treasurer, and
the Yates County Highway Superintendent.
VOTE: Unanimous
                                         RESOLUTION NO. 140-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Willson.

                                    REJECT BID FOR TREE REMOVAL

  WHEREAS, bids were requested for Tree Removal and received on February 12, 2009 at 10:00 a.m. and one firm
from North Carolina submitted a bid to the Yates County Highway Department,




                                                                    Russell Enterprises

                  Miscellaneous Cutting & Trimming
                                                price per hour           $ 118.00
                     Price to grind designated stumps/per hour            $ 48.00

                  Emergency Services
                                                price per hour           $ 148.00
                     Price to grind designated stumps/per hour           $ 68.00


  WHEREAS, awarding a bid to a Tree Removal contractor located in North Carolina is not in the best interests of
the County,

 NOW, THEREFORE BE IT RESOLVED to reject the bid from Russell Enterprises, and be it further

       RESOLVED, to forward a copy of this resolution to each bidder, and the Yates County Highway
Superintendent.
76                                    PROCEEDINGS OF THE LEGISLATURE


     VOTE: Unanimous

     Meeting adjourned at 1:17 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                           77



                              REGULAR SESSION – MONDAY, APRIL 13, 2009

The Yates County Legislature convened in regular session, Monday, April 13, 2009 in the Legislative Chambers at
1:00 p.m., Chairman Robert Multer presiding, Legislators Willson and Nielsen were absent.

Glen Miller introduced Dave Nicosea from the Binghamton Weather Service. Mr. Nicosea stated that the Storm
Ready Program is a national program. It not only means that a county is prepared for storms but that it is also
prepared for non-storm related incidents.

Mr. Nicosea explained that in order for a county to receive certification that they are a Storm Ready County, there is
certain criteria that must be met.
       A county must have four ways to receive alerts/warnings. Yates County has ten.
       A county must have four ways to issue alerts/warnings. Yates County was the first to purchase 90 weather
           radios to be handed out to community meeting places such as schools.

Mr. Nicosea presented Mr. Miller with four signs stating that Yates County is a Storm Ready County along with a
certificate.

Mr. Miller stated that he would like to obtain additional signs so that every state road coming into the County had a
sign posted. Mr. Miller thanked Melanie Bush, Chris Warriner, Diane Caves, and the Yates County Dispatchers for
all of their work in obtaining the certification.

Minutes of the March 9, 2009 meeting were approved as presented.

Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund                      $ 41,317.03
Finance                           $ 317,967.98
Flint Creek                       $    3,136.00
Government Operations             $ 65,777.09
Human Services                    $ 591,620.65
Prior To Audit                    $1,668,348.55
Public Safety                     $ 97,693.09
Public Works                      $ 89,376.53

COMMITTEE REPORTS
Mrs. Taylor reported that starting next month, if a Department Head has not signed their vouchers, the voucher will
be pulled and sent back.

Mrs. Alexander reported that she will be pulling resolution 144-09.

Mr. Paddock reported the County received approximately $73,000 in Indigent Legal Services funding.

Mr. Fitch stated he would like to have a resolution opposing legislation before the Senate and Assembly pertaining
to industrial development agency reform. Mr. Fitch stated that this legislation would kill local industrial
development agencies, local government‟s most important economic development program. This comes at a time
when the federal government is trying to implement an historic economic stimulus program, this legislation would
serve to prevent economic development from incurring throughout our state. Mr. Fitch reminded the legislature that
in the past couple of years the IDA was instrumental in bonding for Keuka College and S&S Memorial Hospital
projects. Some of the IDA pilot programs and sales tax programs include the Glenora Inn, the Best Western,
Peebles, the Esperansa, AES, Empire Pipeline, Keuka Foot Wear, CASP, and the Horizon Park Project. (Please see
the last resolution)
78                                   PROCEEDINGS OF THE LEGISLATURE


     Mrs. Flood reported that with the aid of the federal stimulus funding, there will be an increase in Food Stamp
     benefits. For instance if a person is now getting $176 they will be increased to $200. Mrs. Flood stated people
     would rather work than receive these benefits.

     Chairman Multer reported that the Legislature received the first quarter sales tax report which is up 5%. This is
     good news given the economy, especially when one of our northern neighbor‟s sales tax is down 4.5%.

     Chairman Multer reported that the Legislature has received the first quarter occupancy tax report which shows our
     tax is up 72%.

                                                 RESOLUTION NO. 141-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.

                                  PROCLAIM CHILD ABUSE PREVENTION MONTH

           WHEREAS, our children represent our greatest hope for the future and Yates County remains steadfast in its
     commitment to the safety and security of our children, families and communities; and
               WHEREAS, the problems of child abuse, neglect and maltreatment, which endanger vulnerable young
     lives and cause long-lasting damage to a child‟s physical, emotional and cognitive well-being are of paramount
     concern to all citizens of Yates County are; and
               WHEREAS, the prevention of child abuse, neglect and maltreatment requires strong partnerships and
     cooperation among individual citizens, organizations, law enforcement and government agencies at the community,
     state and federal levels; and
               WHEREAS, there are educational and prevention programs that address all categories of child abuse, and
     citizens of Yates County are encouraged to support such efforts to promote a safe and nurturing environment for our
     children and families; and
               WHEREAS, citizens should be vigilant in their efforts to stop child abuse and are asked to call the State
     Central Register for Child Abuse and Maltreatment at 1-800-342-3720 to report suspected abuse or neglect; and
               WHEREAS, Yates County continuously strives to protect children from abuse, neglect and maltreatment;
               NOW, THEREFORE, BE IT RESOLVED, The Yates County Legislature does hereby proclaim April 2009
     as CHILD ABUSE PREVENTION MONTH.
     VOTE: Unanimous
                                                   RESOLUTION NO. 142-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                                PROCLAIM SEXUAL ASSAULT AWARENESS MONTH

             WHEREAS, rape and sexual assault affect women, children and men of all racial, cultural and economic
     backgrounds; and

              WHEREAS, women, children and men continue to suffer multiple types of sexual violence; and

              WHEREAS, these experiences can be devastating not only for the survivors, but also for the families and
     friends of the survivors; and


              WHEREAS, to prevent future violations of our citizens, it is critical to foster greater public awareness of
     the causes and effects of sexual violence, and to address this problem on every civic level; and

              WHEREAS, Yates County providers and volunteers are committed to increasing public awareness of
     sexual violence and its prevalence, and to eliminating it through prevention and education; and

              WHEREAS, important partnerships have been formed among criminal justice agencies, health care
     providers, allied professionals and victim service providers; and
                                PROCEEDINGS OF THE LEGISLATURE                                                            79



         WHEREAS, Yates County wishes to join with other Sexual Assault Service Providers and interested
organizations in public awareness initiatives intended to generate greater public understanding of the issues
surrounding sexual assault;

       NOW, THEREFORE, BE IT RESOLVED, The Yates County Legislature does hereby proclaim April 2009
as SEXUAL ASSAULT AWARENESS MONTH.
VOTE: Unanimous
                                RESOLUTION NO. 143-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                    AUTHORIZE TREASURER TO PAY BANK OF AMERICA CREDIT CARD

       NOW, THEREFORE BE IT RESOLVED, that the Treasurer is authorized to pay the Bank of America credit
card bill for the account in the name of the Yates County District Attorney for the period ending on April 10, 2009,
which charges are for expenses of extradition, at the time of receipt of the bill to avoid payments of late charges and
interest.

     RESOLVED, that a copy of this resolution be provided the District Attorney.
VOTE: Unanimous

Mrs. Alexander withdrew the following resolution.

                                  RESOLUTION NO. 144-09 (WITHDRAWN)

                APPOINT MEMBERS TO THE YATES COUNTY FIRE ADVISORY BOARD

RESOLVED, that the following people be appointed to the Yates County Fire Advisory Board for the term 1/1/2009
– 12/31/2009

Melanie Bush            2nd Asst. Fire Chief Bellona Fire Department
Matt Perry      Fire Chief Benton Fire Department
Michael Chapman         Fire Chief Branchport/Keuka Park Fire Department
Charlie Leach           Fire Chief Dresden Fire Department
Daniel Petersen         Fire Chief Dundee Fire Department
Carroll Graves      Fire Chief Himrod Fire Department
Rodney Bassett Fire Chief Middlesex Fire Department
Rick Ritorick            Fire Chief Penn Yan Fire Department
Richard Dimon, Jr.      Fire Chief Potter Fire Department
Jim Santee          Fire Chief Rushville Fire Department

Glen Miller Fire Coordinator Yates County
Tom Murphy Deputy Coordinator Yates County
Chris Warriner      EMS Coordinator Yates County
Nancy Taylor        Legislature Yates County Legislature

and be it further

 RESOLVED, that copies of this resolution be provided to Glen Miller, Emergency Management Coordinator.

                                            RESOLUTION NO. 145-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mrs. Taylor.
80                                   PROCEEDINGS OF THE LEGISLATURE


                                            CREATE PT NURSE PRACTITIONER

                   NOW, THEREFORE, BE IT, RESOLVED that the Sheriff requires a back-up professional in the
         event the Jail Physician is absent for jail inmate medical services and this part-time Nurse Practitioner position
         at $40 hr. is hereby created for the Sheriff to make a temporary appointment, and

                  RESOLVED, that a copy of this resolution be provided to Personnel, the Treasurer, the Budget
        Officer, and the Sheriff.
     VOTE: Unanimous
                                              RESOLUTION NO. 146-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.

                                         RECOGNIZE NATIONAL PUBLIC SAFETY
                                            TELECOMMUNICATIONS WEEK

                 WHEREAS, National Public Safety Telecommunications Week has been designated as April; 12 – 18,
         2009, and this years‟ theme is “Dispatchers are the behind the scene heroes,” and

                  WHEREAS, such occasions provide that everyone can be made more aware of Emergency
         Dispatchers‟ hard work and dedication which provides a vital link to the public safety services which we have
         come to rely on everyday in our community,

                 NOW, THEREFORE, BE IT RESOLVED, that this Legislature at the request of the Sheriff takes
         recognition of the National Public Safety Telecommunications Week April 12-18 and thanks all the 911
         emergency services dispatch personnel for their continued efforts to preserve the public's safety and health, and

               RESOLVED, that copies of this resolution be provided Sheriff Spike, the Director of OEM, Chief
        Dispatcher, 911 Advisory Board, and President of YCDSA.
     VOTE: Unanimous
                                               RESOLUTION NO. 147-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                               RECOGNIZE NATIONAL CRIME VICTIMS RIGHTS WEEK

                   WHEREAS, the National Crime Victims‟ Rights Week is designated at April 26 – May 2, and this
         year‟s theme is “Twenty-five years of rebuilding lives: Celebrating the Victims of Crime Act,” (VOCA), and as
         the Sheriff, District Attorney, and the Probation Director in their commitments to raise victim awareness now
         request a proclamation for this annual victims rights week, and

                  WHEREAS, crime victims‟ ability to rebuild their lives in the aftermath of crime is enhanced by
         receiving information about the status and location of alleged and convicted offenders via the NYS Sheriffs‟
         victim hot line, and

                    WHEREAS, a just society acknowledges crime‟s impact on individuals, families, and communities by
         ensuing that rights, resources, and services are available to help rebuild lives, and thus victim‟s rights are a
         critical component in our criminal justice system that the District Attorney‟s victim advocate plays an important
         role locally, now

                 THEREFORE, BE IT RESOLVED, that this Legislature recognizes National Crime Victims Rights
         Week and supports the fundamental rights of crime victims and survivors to be treated with dignity, fairness,
         compassion, and respect by the criminal justice system, and the VOCA, as they face financial, physical, and the
         psychological impacts of crime; and further
                                PROCEEDINGS OF THE LEGISLATURE                                                           81


             RESOLVED that this Legislature thanks all the local efforts of so many individuals and entities in our
   community for this endeavor, and that a copy of this resolution be provided the District Attorney, Probation
   dept., and the Sheriff.
VOTE: Unanimous

                                            RESOLUTION NO. 148-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

              AUTHORIZE SHERIFF AND CHAIRMAN TO SIGN SERVICES AGREEMENT
                                       (Worden)

              NOW, THEREFORE, BE IT RESOLVED that the Chairman and Sheriff are authorized upon the
approval of the County Attorney to sign a performance of services agreement as needed for jail/civil accreditation
and grant type projects with independent consultant Michelle M. Worden, and

           RESOLVED, that a copy be provided the Sheriff.
VOTE: Unanimous
                                     RESOLUTION NO. 149-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mrs. Taylor.

                        AUTHORIZE SHERIFF TO SIGN RENEWAL AGREEMENT
                               WITH OFFENDER WATCH SYSTEMS

           WHEREAS, the Sheriff‟s yatescountysheriff.org web site had the sex offender registry with community
web based notification features, geographic links, law enforcement tools, and other address verifications that aid the
Sheriffs responsibilities under the law he desires to renew this “county-wide” software solution that also maintains
the Penn Yan Police registry as well,

            NOW, THEREFORE, BE IT RESOLVED, that upon the approval of the County Attorney the Sheriff is
authorized to sign a renewal 2009-2010 agreement for $3,500 with Offender Watch System, LLC to continue the
Sheriffs sex offender website benefiting both law enforcement and the Yates County-wide community, and

         RESOLVED, that a copy of this resolution be provided the Sheriff.
VOTE: Unanimous
                                      RESOLUTION NO. 150-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Banach.

                                     APPROPRIATE STOP DWI RESERVE
                                            (STOP BUDGET)

         WHEREAS, the Penn Yan Police Chief has requested funds from the STOP DWI Reserve to apply against
the purchase of a new village patrol vehicle for $16,000 with the remaining balance a village budget issue, and

       WHEREAS, this is approved by the Public Safety Committee and Stop Coordinator,

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased in 2009 budget:

         Budgetary Account
         A511.200 (Appropriate Reserve STOP DWI) $16,000

         Appropriation
         A3350-2426 (Equipment – Penn Yan Police Dept) $16,000
82                                  PROCEEDINGS OF THE LEGISLATURE


     and be it further,

            RESOLVED, that a copy of this resolution be provided to the Treasurer, the Budget Officer, the STOP DWI
     Coordinator, the Penn Yan Village Finance Chairman Robert Church, and Chief Mitchell, PYPD.
     VOTE: Unanimous
                                               RESOLUTION NO. 151-09

     Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                                         AUTHORIZE TREASURER PAY
                                     TOWER SITE COMMUNICATION REPAIRS

              WHEREAS, that due to communications related materials and equipment needs at tower sites, especially
     for the 911 low band fire and EMS systems that Mid-State Communications have tested, analyzed, and made
     emergency repairs to communications equipment presently and will be doing additional future repairs, etc. to
     optimize communications as ongoing in the interest of public safety communications,

              NOW, THEREFORE, BE IT RESOLVED, that current and future invoices from Mid-State
     Communications related to 911 fire and EMS communications tower sites wherein approved by the Sheriff shall be
     paid as necessary emergency repair operating expenses, and

            RESOLVED, that a copy of this resolution be provided the Sheriff and the Director of OEM.
     VOTE: Unanimous

                                               RESOLUTION NO. 152-09

     Mr. Paddock offered resolutions 152 and 153-09 and moved their adoption, seconded by Mr. Dennis.

              AUTHORIZE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE
       DIRECTOR/DESIGNEE OF COMMUNITY SERVICES TO SIGN AN AMENDED 2007 AGREEMENT
                         WITH THE YATES COUNTY CHAPTER NYSARC

      WHEREAS, Yates County and the Yates County Department of Community Services wish to amend the 2007
     AGREEMENT with the Yates County Chapter NYSARC, and

      WHEREAS, there is an additional $15,637.00 in 100% New York State Office of Mental Health funds, and

      WHEREAS, the term of the AGREEMENT is January 1, 2007 through December 31, 2007,

      NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County Legislature and the
     Director/Designee of Community Services be authorized to sign an amended AGREEMENT with the Yates County
     Chapter NYSARC, and be it further,

             RESOLVED, that copies of this Resolution be provided to the Yates County Treasurer, The Yates County
     Chapter NYSARC, and the Yates County Department of Community Services.
     VOTE: Unanimous
                                            RESOLUTION NO. 153-09

              AUTHORIZE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE
       DIRECTOR/DESIGNEE OF COMMUNITY SERVICES TO SIGN AN AMENDED 2009 AGREEMENT
        WITH LAKEVIEW MENTAL HEALTH SERVICES, INC. FOR AN INCREASE OF $8,520.00 FOR
                                  SUPPORTED HOUSING

            WHEREAS, Yates County and the Yates County Department of Community Services wish to amend the
     2009 AGREEMENT with Lakeview Mental Health Services, Inc. and
                                  PROCEEDINGS OF THE LEGISLATURE                                                83


            WHEREAS, there is an additional $8,520.00 in 100% New York State Office of Mental Health funds to
   increase the contractual amount for the Supported Housing component, and

            WHEREAS, the term of the AGREEMENT is January 1, 2009 through December 31, 2009,

            NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County Legislature and the
   Director/Designee of Community Services be authorized to sign this amendment with Lakeview Mental Health
   Services, Inc.
   VOTE: Unanimous
                                              RESOLUTION NO. 154-09

   Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.
        APPOINT MEMBER TO THE YATES COUNTY COMMUNITY SERVICES BOARD, MENTAL
                   RETARDATION/DEVELOPMENTAL DISABILITIES SUBCOMMITTEE
            BE IT RESOLVED, that the Yates County Legislature appoint Dane Gifford, residing at 2546 County
   House Road, Penn Yan NY 14527, to the Yates County Community Services Board Mental
   Retardation/Developmental Disabilities Subcommittee for a four year term beginning January 1, 2009 through
   December 31, 2012, and be it further

          RESOLVED, that a copy of this Resolution be provided to Dane Gifford and to the Yates County
   Department of Community Services.
   VOTE: Unanimous
                                     RESOLUTION NO. 155-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Dennis.


    DESIGNATE THE WEEK OF MAY 17-23, 2009 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
WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those
who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of emergency physicians, emergency nurses,
emergency medical technicians, paramedics, firefighters, educators, administrators and others; 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, it is appropriate to recognize the value and the accomplishments of emergency medical services
providers by designating Emergency Medical Services Week; now
THEREFORE, Yates County in recognition of this event does hereby proclaim the week of May 17-23, 2009
as EMERGENCY MEDICAL SERVICES WEEK and be it further,
RESOLVED, that using the theme, “Extraordinary People, Extraordinary Service”, the community is
encouraged to observe EMS Week with appropriate programs, ceremonies and activities, and be it further
RESOLVED, that a copy of this resolution shall be sent to the Public Health Office and the Office of
Emergency Management.
VOTE: Unanimous




                                              RESOLUTION NO. 156-09

   Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.
84                                    PROCEEDINGS OF THE LEGISLATURE



                            AMEND AGREEMENT WITH RUSHVILLE HEALTH CENTER
                                    FOR COMMUNITY HEALTH WORKER

      RESOLVED, that the Chairman is hereby authorized to sign an amendment to the Agreement with Rushville
     Health Center for the services of a Community Health Worker to decrease the worker from 35 hours to 28 hours per
     week for the period March 9, 2009 through December 31, 2009 at rate of $2,561.94/month

     And be it further

      RESOLVED, that a copy of this resolution be sent to the Yates County Treasurer, Yates County Community
     Services and the Public Health office.
     VOTE: Unanimous
                                             RESOLUTION NO. 157-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

     INCREASE WORKFORCE DEVELOPMENT 2009 BUDGET AND RESCIND RESOLUTION NO. 102-09

             WHEREAS, Workforce Development will receive funds in 2009 from the New York State Office of
     Mental Health through the Department of Community Services, and

              WHEREAS, in 2009 the funds will be split between Adult and Youth,

             NOW, THEREFORE, BE IT RESOLVED, that resolution 102-09 is hereby rescinded and that revenue
     account CD4794.0 (Adult Funds) be increased by the amount of $3,093.00, and the revenue account CD4794.Y
     (Youth Funds) be increased by the amount of $7,394.00 and

              BE IT RESOLVED, that the workforce Development 2009 budget be increased as follows:

                                                       Adult Funds

                         CD6292.1L      KKP     Staff Wage Adult                    $ 1,500.00
                         CD6292.8L      KKP     Staff Fringe Adult                  $ 570.00
                         CD6292.41L     KKP     Operating Adult                     $ 417.00
                         CD6292.11L     KKP     Participant Wage Adult              $ 400.00
                         CD6292.81L     KKP     Participant Fringe Adult            $ 152.00

                         CD4794.0       Revenue KKP Adult                           $ 3,039.00

                                                      Youth Funds

                         CD6292.1E      KKP     Staff Wage Youth                    $ 2,900.00
                         CD6292.8E      KKP     Staff Fringe Youth                  $ 1,100.00
                         CD6292.41E     KKP     Operating Youth                     $ 1,364.00
                         CD6292.11E     KKP     Participant Wage Youth              $ 1,800.00
                         CD6292.81E     KKP     Participant Fringe Youth            $ 230.00

                   CD4794.Y             Revenue KKP Youth                           $ 7,394.00
     VOTE: Unanimous
                                               RESOLUTION NO. 158-09

     Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Dennis.
                               PROCEEDINGS OF THE LEGISLATURE                                                    85



                                INCREASE WORKFORCE DEVELOPMENT
                                           2009 BUDGET

         WHEREAS, Workforce Development will contract with the Department of Social
Services, and

        WHEREAS, Workforce Development will receive financial consideration for these services

       NOW, THEREFORE, BE IT RESOLVED, that revenue account
CD4792.0 be increased by the contract amount of $44,991.00 and be it further

 RESOLVED, that the Workforce Development 2009 budget be increased as follows:
 CD6292.1G DSS Works Staff Wage     $30,995.00
 CD6292.8G DSS Works Staff Fringe    $11,754.00
 CD6292.4G DSS Works Operating      $ 2,242.00

 CD4792.0 Revenue          $44,991.00

AND be it further

        RESOLVED, that copies of this resolution be provided to the Workforce Development Director and the
Yates County Treasurer.
VOTE: Unanimous
                                        RESOLTUION NO. 159-09

Mr. Fitch offered resolutions 159 and 160-09 and moved their adoption, seconded by Mr. House.

                    APPOINT MEMBER TO THE YATES COUNTY PLANNING BOARD
                               (Alan Snyder, At-Large, Town of Milo)

 WHEREAS, Alan Snyder (118 Ogden Street, Penn Yan, NY 14527), has been recommended by the Yates
County Planner and the Yates County Legislature to serve as an At-Large member of the Yates County Planning
Board,

  NOW, THEREFORE, BE IT RESOLVED, that Alan Snyder is hereby appointed as a member of the Yates County
Planning Board, At-Large, to a term to expire on April 13, 2012, and be it further

  RESOLVED, that copies of this resolution be given to Alan Snyder, the County Planner, the Town of Milo and a
copy filed with the County Clerk.
VOTE: Unanimous
                                          RESOLUTION NO. 160-09

                    APPOINT MEMBER TO THE YATES COUNTY PLANNING BOARD
                             (Ronald Rubin, At-Large, Town of Jerusalem)

 WHEREAS, Ronald Rubin (2605 Ayers Road, Penn Yan, NY 14527), has been recommended by the Yates
County Planner and the Yates County Legislature to serve as an At-Large member of the Yates County Planning
Board,

 NOW, THEREFORE, BE IT RESOLVED, that Ronald Rubin is hereby appointed as a member of the Yates
County Planning Board, At-Large, to a term to expire on April 13, 2012, and be it further

  RESOLVED, that copies of this resolution be given to Ronald Rubin, the County Planner, the Town of Jerusalem
and a copy filed with the County Clerk.
VOTE: Unanimous
86                                   PROCEEDINGS OF THE LEGISLATURE


                                                 RESOLUTION NO. 161-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

           AUTHORIZE CHAIRMAN TO AMEND AGREEMENT FOR THE ADDITIONAL REMEDIAL
            INVESTIGATION WORK AT THE PENN YAN MARINE MANUFACTURING CORP. SITE
                                    (LaBella Associates, P.C.)

        WHEREAS, in order to address requirements issued by the New York State Department of Environmental
     Conservation for additional work needed after the initial site investigation and remedial alternatives report (SI/RAR)
     was submitted to the NYSDEC in 2006, through the request for proposal process, a consulting firm was selected to
     complete the remedial investigation of the Penn Yan Marine Manufacturing Corp. site,

              WHEREAS, LaBella Associates, P.C., was selected to complete the remedial investigation at an original
     fee of $62,500 per Resolution No. 309-08,

              WHEREAS, due to additional testing needs, the contract amount will be increased to $67,500,

            NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to amend the
     agreement with LaBella Associates, P.C., and be it further

        RESOLVED, that copies of this resolution be given to the County Planner, LaBella Associates, P.C., County
     Treasurer and County Administrator.
     VOTE: Unanimous
                                              RESOLUTION NO. 162-09

     Mr. Fitch offered resolutions 162 thru 164-09 and moved their adoption, seconded by Mr. Webster.

           RESOLUTION TO AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE TO SIGN A
      SATISFACTION OF MORTGAGE GIVEN UNDER THE YATES COUNTY HOME REHABILITATION
                                       PROGRAM

      WHEREAS, Yates County receives funds from the NYS Housing Trust Fund Corporation for the Yates County
     HOME Rehabilitation Program through its Planning Department, which program and funds are administered jointly
     by the Bishop Sheen Ecumenical Housing Foundation and the Keuka Housing Council; and


              WHEREAS, under the HOME Rehabilitation Program, Kevin L. Petersen and Michelle L. Petersen,
     (hereinafter called “Mortgagors”) gave Yates County a Mortgage, dated June 29, 1999, and recorded in the Yates
     County Clerk‟s Office on June 30, 1999, in Liber 325 of Mortgages at page 238, in the amount of $12,000; which
     mortgage has not been assigned of record; and

      WHEREAS, the Mortgagors have fulfilled their obligation under the Mortgage as of March 11, 2009;

       NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a Satisfaction
     of Mortgage re the above Mortgage, which Satisfaction of Mortgage is to be executed and recorded in the Yates
     County Clerk‟s Office; and be it further

       RESOLVED, that a copy of this resolution be furnished to the Yates County Treasurer, the Yates County Planner,
     and to the Yates County Attorney.
     VOTE: Unanimous
                                              RESOLUTION NO. 163-09

           RESOLUTION TO AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE TO SIGN A
      SATISFACTION OF MORTGAGE GIVEN UNDER THE YATES COUNTY HOME REHABILITATION
                                       PROGRAM
                              PROCEEDINGS OF THE LEGISLATURE                                                       87



 WHEREAS, Yates County receives funds from the NYS Housing Trust Fund Corporation for the Yates County
HOME Rehabilitation Program through its Planning Department, which program and funds are administered jointly
by the Bishop Sheen Ecumenical Housing Foundation and the Keuka Housing Council; and

 WHEREAS, under the HOME Rehabilitation Program, James Simons and Susan Hoose, (hereinafter called
“Mortgagors”) gave Yates County a Mortgage, dated June 13, 2002, and recorded in the Yates County Clerk‟s
Office on November 19, 2002, in Liber 438 of Mortgages at page 1, in the amount of $20,235; which mortgage has
not been assigned of record; and

 WHEREAS, the Mortgagors have fulfilled their obligation under the Mortgage as of March 16, 2009;

  NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a Satisfaction
of Mortgage re the above Mortgage, which Satisfaction of Mortgage is to be executed and recorded in the Yates
County Clerk‟s Office; and be it further

  RESOLVED, that a copy of this resolution be furnished to the Yates County Treasurer, the Yates County Planner,
and to the Yates County Attorney.
VOTE: Unanimous
88                                 PROCEEDINGS OF THE LEGISLATURE

                                               RESOLUTION NO. 164-09

                    RESOLUTION TO AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE
                     TO SIGN A SUBORDINATION AGREEMENT SUBOROINATING A NOTE
                        AND MORTGAGE GIVEN UNDER THE YATES COUNTY HOME
                                     REHABILITATION PROGRAM
                   WHEREAS, Yates County receives funds from the NYS Housing Trust Fund
            Corporation for the Yates County HOME Rehabilitation Program through its Planning
            Department, which program and funds are administered jointly by the Bishop Sheen
            Ecumenical Housing Foundation and the Keuka Housing Council; and
                    WHEREAS, under the HOME Rehabilitation Program, Kathryn L. Orr
            (hereinafter called "Mortgagor") gave Yates County a mortgage, dated July 5, 2007, and recorded in the
            Yates County Clerk's Office on October 1, 2007, in Liber 698 of
            Mortgages at Page 292, in the amount of $20,000; and
                   WHEREAS, prior to the mortgage between the Mortgagor and Yates County, the Mortgagor
            gave a mortgage to Community Bank N.A. dated July 5, 2007, and recorded in the Yates County
            Clerk's Office on July 10, 2007, in Liber 689 of Mortgages at Page 46, in, the amount of $50,000; and
                 WHEREAS, the Mortgagor wishes to refinance her existing mortgage with
            Community Bank, N.A., for the purpose of lowering her monthly mortgage payment; and
                    WHEREAS, in order to refinance her mortgage. Community Bank N.A. requires the Mortgagor
            to obtain a subordination of her mortgage with Yates County; and
                  WHEREAS, Keuka Housing Council has recommended that Yates County sign the
            Subordination Agreement with Community Bank N.A.; and
                    WHEREAS, subordination of the mortgage between the Mortgagor and Yates
            County to the new mortgage between the Mortgagor and Community Bank N.A. will not change Yates
            County's current status as a secondary Mortgagee; and
                   WHEREAS, repayment of the mortgage between the Mortgagor and Yates
            County will not be impaired by this subordination;
                    NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to
            sign a Subordination Agreement whereby Yates County agrees to be and to continue to be subject and
            subordinate in lien to the lien of a mortgage between the Mortgagor and Community Bank N.A., in the
            amount of $51,600), which mortgage is to be executed and recorded in the Yates County Clerk's Office
            subsequent to the execution of this Agreement.
                    RESOLVED, that a copy of this resolution be furnished to the Yates County
            Treasurer, the Yates County Planner, and to the County Attorney.
           VOTE: Unanimous

                                               RESOLUTION NO. 165-09

     Mr. Fitch offered resolutions 165 and 166-09 and moved their adoption, seconded by Mrs. Alexander.

      AUTHORIZE CHAIRMAN TO SIGN PROPERTY MANAGEMENT SERVICES AGREEMENT (North
                                       Hangar)

              WHEREAS, Yates County purchased from Seneca Foods Corporation/Seneca Flight Operations a parcel of
     real property located on the easterly side of Old Bath Road at the Penn Yan Airport in the Town of Milo, Yates
     County, New York comprising an area of 0.699 acres and commonly known as “North Hanger” property and
                                PROCEEDINGS OF THE LEGISLATURE                                                       89


         WHEREAS, Yates County does not have sufficient personnel conveniently available to perform all normal
property management functions in conjunction with the North Hanger property whereas Seneca Foods
Corporation/Seneca Flight Operations is fully staffed at the Penn Yan Airport with personnel who could
conveniently and efficiently provide some of the services necessary to manage Yates County‟s property,

       BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Property
Management Services Agreement with Seneca Foods Corporation/Seneca Flight Operations, and

         RESOLVED, that a copy of this resolution be given to the County Treasurer, Seneca Flight, and the Airport
Council.
VOTE: Unanimous
                                              RESOLUTION NO. 166-09

            AUTHORIZE CHAIRMAN TO SIGN PROPERTY MANAGEMENT SERVICES AGREEMENT
                                       (T-Hangar)

         WHEREAS, an 8 bay T1-Hangar located South of Seneca Flight Operations FBO and hangar and adjacent
to taxiway 1-19 was constructed for the purpose of leasing hangar space, and

          WHEREAS, it is necessary for the County to enter into an agreement with Seneca Flight to handle said
leases,

         NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Legislature is hereby authorized to enter
into an agreement with Seneca Flight for the management of the 8 bay T-Hangar, and be it

         RESOLVED, that a copy of this resolution be given to the County Treasurer, Seneca Flight, and the Airport
Council.
VOTE: Unanimous
                                         RESOLUTION NO. 167-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

   APPOINTMENT TO THE FINGER LAKES ECONOMIC DEVELOPMENT COUNCIL BOARD OF
                                 DIRECTORS

 BE IT RESOLVED, that the following individuals be appointed to the Agency for the terms indicated:

 James Long, 85 Old Pines Trail, Penn Yan, NY Term 1/1/09 to 12/31/11
 Rod Williams, 1766 Route 14A, Penn Yan, NY Term 1/1/09 to 12/31/09
 Jerry Hiller, 233 East Lake Rd, Rushville, NY Term 1/1/09 to 12/31/10

And be it

 RESOLVED, that a copy of this resolution be forwarded to Steven Griffin, Executive Director of the FLEDC, the
Department of State, and the County Clerk.
VOTE: Unanimous
                                           RESOLUTION NO. 168-09

                           RESOLUTION SUPPORTING THE SUBMISSION
                      OF A NEW YORK MAIN STREET PROGRAM APPLICATION
                     BY THE FINGER LAKES ECONOMIC DEVELOPMENT CENTER

        WHEREAS, the New York State Housing Trust Fund Corporation, Division of Housing and Community
Renewal, and Office of Community Renewal have issued a Request for proposals for the New York Main Street
Program 2009, and
90                                  PROCEEDINGS OF THE LEGISLATURE


              WHEREAS, the Finger Lakes Economic Development Center (FLEDC) is an eligible, not-for-profit,
     applicant that will serve as the Local Program Administrator, and

              WHEREAS, the FLEDC will assume responsibility for ensuring successful completion of all assisted
     projects; evaluating and selecting activities to be supported; entering into contracts with participating property
     owners; and assuring compliance with all local, state and federal laws and regulations, and

               WHEREAS, the purpose of the New York Main Street program is to stimulate the economic revitalization
     of mixed-use business centers in urban, small town, and rural areas by providing financial incentives for the
     rehabilitation of traditional commercial building stock, and

             WHEREAS, the New York Main Street funding will be used to renovate and revitalize 2-3 buildings on
     Main Street including façade, signage and streetscape enhancements, all of which will promote and encourage
     economic development and reinvestment in properties located within the targeted Main Street area, and

              WHEREAS, the proposed target area on Main Street in Penn Yan is within the boundaries of the newly
     allocated Penn Yan Empire Zone, and

              WHEREAS, the proposed project is consistent with the Village of Penn Yan‟s Comprehensive Plan in
     regard to revitalization and economic development within the Village of Penn Yan,

               NOW, THEREFORE, BE IT RESOLVED that the Yates County Legislature endorses and supports the
     submission of a New York Main Street Program Application by the Finger Lakes Economic Development Center,
     and be it further

            RESOLVED, that copies of this resolution be given to the FLEDC and the Village of Penn Yan.
     VOTE: Unanimous
                                            RESOLUTION NO. 169-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Flood.

                                              2009 BUDGET TRANSFERS

       BE IT RESOLVED, that the following transfers be made in the 2009 Budget:

      $26,600 from A1990.4905 (Contingent Fund) to A1450.2112 (Elections-Voting Machines);
      $674 from A1990.4905 (Contingent Fund) to A1410.2515 (County Clerk-Security Equipment);
      $10,000 from A1990.4905 (Contingent Fund) to A3020.4230 (Public Safety Communications Systems-
     Maintenance Agreement-Microwave);
      $20.56 from A1410.4515 (County Clerk-Postage) to A1410.2515 (County Clerk-Security Equipment);
      $396.63 from A1460.2115 (Records Management-Computer Hardware) to A1460.1509 (Records Management-
     Comp Time Buyout CSEA);
      $3,200 from A1626.2701 (Buildings & Grounds-Parking-Parking Lot) to A1626.4011 Buildings & Grounds-
     Parking-Consultants);
      $231.13 from A3021.8304 (E911 Dispatch Center-Medical Insurance-DSA) to A3021.1949 (E911 Dispatch
     Center-Comp Time Buyout);
      $115.50 from DM5130.4652- Road Machinery-Diesel Fuel) to DM5130.2338 (Road Machinery-Skid Steer
     w/attachments);

     and be it further

      RESOLVED, that a copy of this resolution be given to the Election Commissioners, County Clerk, Sheriff,
     Records Management/Historian, Highway Superintendent, Budget Officer and County Treasurer.
                               PROCEEDINGS OF THE LEGISLATURE                                                91


VOTE: Unanimous
                                          RESOLUTION NO. 170-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                           DECREASE COMMUNITY SERVICES 2009 BUDGET

  WHEREAS, the State of New York has decreased the allocations for the 2009 Community Services funding and
therefore, it is necessary to decrease the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED that the following decreases be made:

 Appropriation
       A4320.4258 (CS-Family Support)                                 $ 548.
       A4320.4281 (CS-Transportation)                                 $ 318.
       A4320.4255 (CS-Community Based Intervention)                   $ 657.
       A4320.4270 (CS-Recreation)                                     $ 848.
       A4320.4260 (CS-Home Based Intervention)                        $ 970.
       A4320.4293 (CS-Crisis Outreach)                                $ 4,456.
       A4320.4272 (CS-Respite)                                        $ 986.
       A4320.4261 (CS-Intensive Case Mgm't-Adult)                     $ 102.
       A4320.4279 (CS-Intensive Case Mgm't-Youth)                     $ 255.
       A4320.4266 (CS-Local Employment-Youth)                         $ 178.
       A4320.4265 (CS-Local Employment-Adult)                         $    62.
       A4320.4054 (CS-SP Entry/Accountability)                        $ 1,006.
       A4320.4252 (CS-CCSI)                                           $ 256.
       A4320.4285 (CS-Unallocated)                                    $ 6,332.

                                   Total Appropriations               $16,974.

         Revenue
         A3495 (State Aid-Reinvestment)                               $16,617.
         A3491 (State Aid-Intensive Case Management)                  $ 357.

                                   Total Revenues                     $16,974.
and be it further

 RESOLVED, that a copy of this resolution be given to the Community Services Director, Budget Officer and
County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 171-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Webster.

                APPROPRIATE ADDITIONAL STATE AID FOR COMMUNITY SERVICES

  WHEREAS, the State of New York has increased some of the allocations for the 2009 Community Services
funding and therefore, it is necessary to increase the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED that the following increases be made:

 Appropriation
 A4320.4285 (CS-Unallocated)      $ 1,337
 A4320.4276 (CS-Supported Housing)       8,520

         Total Appropriations $ 9,857
92                                  PROCEEDINGS OF THE LEGISLATURE



      Revenue
      A3490 (State Aid-MH-LGU/Co Population)          $ 1,337
      A3506 (State Aid-LTC Supported Housing)             8,520

              Total Revenues $ 9,857

     and be it further

      RESOLVED, that a copy of this resolution be given to the Community Services Director, Budget Officer and
     County Treasurer.
     VOTE: Unanimous

                                               RESOLUTION NO. 172-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                               APPROPRIATE 2008 HOMELAND SECURITY GRANT
                                                  (OEM)

       WHEREAS, the Yates County Office of Emergency Management received a 2008 State Homeland Security
     Program Grant and grant was accepted by the Yates County Legislature with Resolution #418-08 and these funds
     are not part of the 2009 Budget;

      NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $43,500:

      Appropriation
      A3645.2948 (Grant: Homeland Security 08)

      Revenue
      A3306 (State Aid-Homeland Security)

     and be it further

       RESOLVED, that a copy of this resolution be given to the Emergency Preparedness Coordinator, Budget Officer
     and County Treasurer
     VOTE: Unanimous

                                               RESOLUTION NO. 173-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                         APPROPRIATE CARRY-OVER OF HOMELAND SECURITY GRANT
                                               (OEM)

       WHEREAS, the Yates County Office of Emergency Management received a NYS Office of Homeland Security
     Grant in 2006 and the Yates County Legislature accepted by Resolution No. 76-07 dated February 12, 2007 and at
     the end of 2008 a balance of $6,650.90 remained and can be used in 2009 and

      WHEREAS, these funds are not part of the 2009 Budget;

      NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased:
                               PROCEEDINGS OF THE LEGISLATURE                                                        93


       Appropriation
 A3645.2955 (OEM-Grant: Homeland Security 06)          $6,650.90

 Revenue
 A3306 (State Aid-Homeland Security)             $6,650.90

and be it further

  RESOLVED, that a copy of this resolution be given to the Emergency Preparedness Coordinator, Budget Officer
and County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 174-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                    APPROPRIATE CARRY-OVER OF HOMELAND SECURITY GRANT
                                          (OEM)

  WHEREAS, the Yates County Office of Emergency Management received a NYS Office of Homeland Security
Grant in 2007 and the Yates County Legislature accepted by Resolution No. 94-08 dated March 10, 2008 and at the
end of 2008 a balance of $34,312.69 remained and can be used in 2009 and

 WHEREAS, these funds are not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased:

 Appropriation
 A3645.2953 (OEM-Grant: Homeland Security 07)                $34,312.69

 Revenue
 A3306 (State Aid-Homeland Security)             $34,312.69

and be it further

  RESOLVED, that a copy of this resolution be given to the Emergency Preparedness Coordinator, Budget Officer
and County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 175-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Webster.

     APPROPRIATE CARRY-OVER OF HOMELAND SECURITY (DISASTER PLANNING) GRANT
                                    (OEM)

  WHEREAS, the Yates County Office of Emergency Management received funds to support emergency
management and disaster preparedness initiatives and at the end of 2008 a balance of $3,563.43 remained and can be
used in 2009 and

 WHEREAS, these funds are not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $3,563.43:

 Appropriation
 A3645.4984 (OEM-Grant: Disaster Planning)

 Revenue
94                                  PROCEEDINGS OF THE LEGISLATURE


      A3306 (State Aid-Homeland Security)

     and be it further

       RESOLVED, that a copy of this resolution be given to the Emergency Preparedness Coordinator, Budget Officer
     and County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 176-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                  APPROPRIATE BALANCE OF 2005 LEPC GRANT
                                                  (OEM)

      WHEREAS, the Yates County Office of Emergency Management received a Local Emergency Planning grant in
     2005 for a total of $2,000 and at the end of 2008 a balance of $1,850 remained and can be used in 2009 and

      WHEREAS, these funds are not part of the 2009 Budget;

      NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $1,850:

      Appropriation
      A3645.4959 (OEM-Grant: LEPC)

      Revenue
      A3306 (State Aid-Homeland Security)

     and be it further

       RESOLVED, that a copy of this resolution be given to the Emergency Preparedness Coordinator, Budget Officer
     and County Treasurer.
     VOTE: Unanimous
                                              RESOLUTION NO. 177-09

     Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                         APPROPRIATE NEW YORK STATE DEPARTMENT OF HEALTH
                                 2009 RURAL HEALTH NETWORK GRANT

             WHEREAS, Yates County Public Health Department received a New York State Department of Health
     Rural Health Network Grant for the year 2009 in the amount of $233,961 and accepted by Resolution No. 97-09
     and;

              WHEREAS, these funds are not part of the 2009 Budget;

              NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $233,961:

        Appropriation
        A4010.4947 (Grant: Rural Health Network)

        Revenue
        A3403 (State Aid-SAY Grant)

     and be it further
                                 PROCEEDINGS OF THE LEGISLATURE                                                              95


        RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer and
County Treasurer.
VOTE: Unanimous


                                              RESOLUTION NO. 178-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                                     APPROPRIATE W911 RESERVE FUNDS

 WHEREAS, the Yates County Sheriff needs to appropriate $18,386 of the W911 Reserve Funds;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $18,386

 Budgetary Account
 A511.101 (Appropriate Reserve-W911)

 Appropriation Account
 A3021.4771 (E911 Dispatch Center-W911)

and be it further

 RESOLVED, that a copy of this resolution be given to the Sheriff, Budget Officer and County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 179-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

     AUTHORIZE CHAIRMAN TO SIGN AGREEMENT WITH PROPERTYINFO CORPORATION

  WHEREAS, the Yates County Director of Real Property Tax Service and PropertyInfo Corporation would like to
enter into an annual agreement where Yates County will provide all tax bill extract files to PropertyInfo
Corporation,

 WHEREAS, the regular insurance requirement is waived,

  NOW, THEREFORE, BE IT RESOLVED, that annual renewals shall be automatic unless either party by written
notice, certified mail return receipt notify the other part by October 1 st, that it does not desire to renew the contract
for the following year, after said notice has been sent, the contract will expire on December 31 st of the year notice is
given.

 RESOLVED, that a copy of this resolution be given to the County Director of Real Property Tax Service.
VOTE: Unanimous
                                        RESOLUTION NO. 180-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                                     GRANT UNPAID LEAVE OF ABSENCE
                                                (Bonshak)

       RESOLVED, that Shawna Bonshak, Planner is hereby granted an unpaid leave of absence from April 8,
2009 through June 30, 2009, and be it further

        RESOLVED, that a copy of this resolution be given to Ms. Bonshak, the County Administrator, Personnel
Officer and Treasurer.
96                                   PROCEEDINGS OF THE LEGISLATURE


     VOTE: Unanimous
                                                 RESOLUTION NO. 181-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

                         AUTHORIZE HIGHWAY SUPERINTENDENT TO HIRE SUMMER HELP

             WHEREAS, the Yates County Highway Department has several summer construction projects scheduled,
     and

            WHEREAS, the full-time permanent employees use vacation and leave time during the summer, leaving the
     department shorthanded, and

             WHEREAS, the department also performs the task of mowing along County roadsides, and

             WHEREAS, there is $41,836 allocated in the 2009 Budget for summer help,

             NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is authorized to hire five (5)
     full-time temporary Laborers at the current contract wages beginning on April 20, 2009 with the understanding that
     the total expenditure cannot exceed the amount budgeted, and be it further

            RESOLVED, that a copy of this resolution be given to the Yates County Highway Superintendent, the
     Treasurer and the Personnel Officer.
     VOTE: Unanimous
                                             RESOLUTION NO. 182-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                                  AUTHORIZE CHAIRMAN TO RENEW CONTRACT
                                                 (ExtraDev)

       RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract renewal with ExtraDev
     ExtraNet Solutions, Inc. of Rochester for computer technical assistance for four months, effective May 1, 2009 at a
     cost not to exceed $49,000 and be it further

      RESOLVED, that a copy of this resolution be given to ExtraDev, the County Administrator and the IT Director.
     VOTE: Unanimous
                                             RESOLUTION NO. 183-09

     Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                   APPOINT PUBLIC HEALTH DIRECTOR/DIRECTOR OF PATIENT SERVICES

       RESOLVED, that Deborah A. Minor is hereby appointed provisionally to the position of Public Health
     Director/Director of Patient Services, effective February 1, 2009 for a term to expire January 31, 2011, and be it
     further

      RESOLVED, that the 2009 Non-Union Salary Schedule is hereby amended as follows:

      Full-time/Part-time         Annual
      Public Health Director/Director of Patient Services      $58,928

     and be it further

      RESOLVED, that copies of this resolution be given to Ms. Minor, the Personnel Officer, Treasurer, County Clerk,
     County Administrator, and NYS Health Commissioner Richard F. Daines.
                               PROCEEDINGS OF THE LEGISLATURE                                                      97


VOTE: Unanimous
                                          RESOLUTION NO. 184-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

  CREATE SENIOR ADMINISTRATIVE ASSISTANT POSITION AND ABOLISH ADMINISTRATIVE
                            ASSISTANT (PH) POSITION

        WHEREAS, the Director of Public Health desires to reclassify the position of Administrative Assistant to
Senior Administrative Assistant to reflect a change in duties and responsibilities,

           WHEREAS, the Personnel Officer has approved the New Position Duties Statement which has resulted in
the re-titling of the position of Administrative Assistant to Senior Administrative Assistant,

  NOW, THEREFORE BE IT RESOLVED, that a full-time Senior Administrative Assistant position be created and
the position of Administrative Assistant (PH) be abolished as of February 1, 2009, and be it further

 RESOLVED, that the 2009 Non-Union Salary Schedule is hereby amended as follows:

 Full-time/Part-time         Annual
 Senior Administrative Assistant (PH)      $37,000

and be it further

 RESOLVED, that Resolution 73-09 is hereby amended to add the position of Senior Administrative Assistant to
Group IV of the 2009 Employee Benefits for Non-Union Personnel, and be it further

  RESOLVED, that a copy of the resolution be provided to the Budget Officer, Treasurer, Public Health Director
and Personnel Officer.
VOTE: Unanimous
                                         RESOLUTION NO. 185-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Webster.

            AUTHORIZE LEGISLATURE CHAIRMAN TO SIGN 2009 MOWING CONTRACTS

 WHEREAS, in the interest of public safety all Yates County roadsides need to be mowed during the months of
May through September, and

  WHEREAS, the Yates County Highway Department does not employ sufficient staff to accomplish the mowing of
all 181 miles of Yates County roadsides, and

 WHEREAS, several Townships have agreed to do contract mowing of Yates County roadsides,

  NOW, THEREFORE, BE IT RESOLVED, to authorize the Chairman of the Yates County Legislature to sign
contracts with each Town doing mowing for Yates County, and be it further

 RESOLVED, that a copy of this resolution be sent to the Yates County Treasurer, the Yates County Highway
Department and each Town doing mowing for Yates County.
VOTE: Unanimous
                                        RESOLUTION NO. 186-09

Mr. Holgate offered resolutions 186 thru 188-09 and moved their adoption, seconded by Mr. J. Multer.

                          AWARD BID FOR COLD MILLING OF ASPHALT PAVEMENT
98                                  PROCEEDINGS OF THE LEGISLATURE


       WHEREAS, bids were requested for Cold Milling of Asphalt Pavement and received on March 19, 2009 at 10:00
     a.m. and three firms submitted bids to the Yates County Highway Department,


                                                                  Bidder:     Suit Kote    Midland      Villager

                     Project # 1 CR #27, Voak Road (5.02 miles)
                     3" depth, Estimated quantity: +/-65,000 sy
                              With Contractor or Private Trucking /sq yd:           NB       1.87         1.85
                              Without Trucking (County Hauled) /sq yd:          2.345       1.315         1.30

                        Deduct Option for county supplied M&P of traffic            NB      -0.20         -0.11


                     Project # 2 CR #14, Havens Corners Road (2.24 miles)
                     3" depth, Estimated quantity: +/-30,200 sy
                              With Contractor or Private Trucking /sq yd:           NB      1.870        1.850
                              Without Trucking (County Hauled) /sq yd:          2.38        1.315        1.300
                        Deduct Option for county supplied M&P of traffic            NB      -0.20         -0.11

       AND WHEREAS, Yates County will exercise its option to take the deduction of $0.20 per square yard and supply
     all Maintenance and Protection of traffic,

              NOW, THEREFORE BE IT RESOLVED, to award the bid to Midland Asphalt Materials Inc. for Project #
     1 and Project # 2 and be it further

             RESOLVED, that copies of this resolution be forwarded to all bidders, the Yates County Treasurer, and the
     Yates County Highway Superintendent.
     VOTE: Unanimous
                                             RESOLUTION NO. 187-09

                               AWARD BID FOR LIQUID BITUMINOUS MATERIAL

              WHEREAS, bids were requested for Liquid Bituminous Material and received on March 19, 2009 at 10:00
     a.m. and three firms submitted a bid to the Yates County Highway Department,


                                                     Midland     Suit-Kote                              Blades
                       LIQUID EMULSIFIED ASPHALT MATERIALS "PER GALLON"
                       702-3101             RS-2                            2.450           2.410                  nb
                       702-3301             HFMS-2                          2.850           2.760                  nb
                                            HFMS-2ST                        2.550           2.540                  nb
                                            AEPM                            1.930           1.693                  nb
                       702-4101      CRS-2               2.440                              2.567                  nb
                                     CRS-2P              2.610                              2.717                  nb
                       MIX PAVER OPTION "APPLIED PER GALLON"
                       702-4201     CMS-2                  2.990                            3.050                  nb
                                    HFMS-2GH               3.040                            2.979                  nb
                       CHIPPER RENTAL & APPLIED OIL PRICE PER GALLON
                              PROCEEDINGS OF THE LEGISLATURE                                                    99


                  Chipper             w/CRS-2                      2.580             2.697               nb
                                 w/RS-2              2.730       2.540                                   nb
                                 w/HFRS-2            2.730       2.540                                   nb
                                 w/HFRS-2ST          2.960       2.519                                   nb
                                 w/HFMS-2ST          2.990       2.653                                   nb
                  PUG MILL and PAVER OPERATIONS "APPLIED PER GALLON"
                  702-3301       HFMS-2              3.070       3.110                                   nb
                                HFMS-2C            3.070                             3.105               nb
                  702-4201      CMS-2              3.160                             3.220               nb
                                HFMS-2GH           3.190                             3.149               nb
                  702-4501      CSS-1H             2.800                             3.180               nb
                  RENTAL OF EQUIPMENT INCLUDING OPERATOR
                  VIBRATORY ROLLER DOUBLE DRUM
                                 /DAY                                NB           1,400.00         1,400.00
                  10-12 TON RUBBER TIRED ROLLER
                                      /DAY                      1,350.00          1,350.00         1,400.00

                  MIX PAVER
                                      /DAY                      2,200.00          2,200.00               nb
                  ASPHALT PAVER
                                /DAY                                 NB           2,500.00         2,500.00
                  MILLING MACHINE 75" DOWN CUT
                                /DAY                            5,000.00          5,200.00               nb
                  WATER TRUCK WITH PUMP
                                /DAY                                  nb                nb         1,200.00
                  PUG MILL OPERATION
                                /DAY                            1,500.00          1,300.00               nb
                  CHIPPER
                                      /DAY                      1,450.00          1,400.00               nb
                  SPECIALIZED PERSONNEL
                  ASPHALT RAKER
                                /DAY                              700.00           680.00             75.00
                  BLACKTOP LABORER
                                /DAY                              700.00           650.00             70.00


         AND WHEREAS, A.L. Blades & Son, Inc. formally withdrew their erroneous bids of $75.00 and $70.00
per day respectively for Asphalt Raker and Blacktop Laborer,

        NOW, THEREFORE, BE IT RESOLVED, to award the bid as follows:

Liquid Emulsified Asphalt Materials 702-3101, 702-3301, Mixed Paver Option with 702-4201 HFMS-2GH,
Chipper Rental & Applied Oil Price with RS-2, HFRS-2, HFRS-2ST, HFMS-2ST, Pug Mill and Paver Operations
with HFMS-2GH to Suit Kote, Liquid Emulsified Asphalt Materials 702-4101, Mixed Paver Option 702-4201 with
CMS-2, Chipper with CRS-2, Pug mill and Paver Operations 702-3301 with HFMS-2, HFMS-2C, 702-4201 with
CMS-2, and 702-4501 with CSS-1H to Midland Asphalt Materials. Rental of equipment including operator to: Suit
100                                  PROCEEDINGS OF THE LEGISLATURE


      Kote for Vibratory Roller Double Drum, 10-12 Ton Rubber Tired Roller, Mix Paver, Asphalt Paver, Pug Mill
      Operation, Chipper, Asphalt Raker and Blacktop Laborer. To Midland Asphalt Materials for 10-12 ton Rubber Tired
      Roller, Mix Paver, Milling Machine. To A. L. Blades & Son, Inc. for Vibratory Roller Double Drum, Asphalt Paver,
      Water Truck with Pump, and be if further

              RESOLVED, to forward a copy of this resolution to each bidder, the Yates County Treasurer and the Yates
      County Highway Superintendent.
      VOTE: Unanimous
                                            RESOLUTION NO. 188-09

                                   AWARD BID FOR HOT MIX ASPHALT CONCRETE

        WHEREAS, bids were requested for Hot Mix Asphalt Concrete and received on March 19, 2009 at 10:00 a.m. and
      five firms submitted bids to the Yates County Highway Department,


                                                                                                  Seneca
                                              Bidder:      Blades     Dolomite     Chemung                      Hanson
                                                                                                  Stone
  NYSDOT                               Est. QUANT.
   ITEM           ITEM       TYPE          (Tons)

      403.18      TOP          7           <500             77.00       71.00         nb          75.00         72.00

      403.17      TOP         6F         500-1,000          73.00       67.00         nb          71.25         69.00

        *       BINDER       Fine        500-1,000          72.00       63.50         nb          64.00         62.00

      403.13    BINDER         3         500-1,000          67.00       60.50         nb          64.00         62.00
                                      PROCEEDINGS OF THE LEGISLATURE                                                       101




 SPECIFIED “N PLACE” PROJECTS
 Project #1: CR# 33 From CR#32 to Steuben Co.
 Line

               1.55 Mi.          4,025/t Type 6F   Unit:       74.21       nb         85.00           nb           77.09

                                               Total:       298,695.25              342,125.0                   310,287.25
 Project # 2: CR# 27 From NYSR 364 to Ontario Co.
 Line
                           15,000/t Type 3 Binder
               5.02 Mi.             Unit:                      68.79       nb         67.50           nb           65.03
                        5,470/t Type 6F (1.5")
                        Unit:                                  74.80                  74.00                        74.70

                                                   Total:   1,441,006.00           1,417,280.00                1,384,059.00

 Project # 3: CR# 14 from CR#27 to CR#23

               2.24 Mi.   6,645/t Type 3 Binder Unit:          68.79       nb         68.00           nb           64.98
                                2,440/t Type 6F (1.5")
                                                 Unit:         74.80                  74.50                        75.35

                                                Total:      639,621.55              633,640.00                  615,646.10
Project #4: CR# 3 from NYSR 14 Easterly to the 90
degree bend

               .60 Mi.     1,200/t Type 3 Binder Unit:         76.34       nb         72.00           nb           67.22

                            660/t Type 6F (1.5") Unit:         82.80                  82.00                        81.29

                                                   Total:   146,256.00              140,520.00                  134,315.40

 UNSPECIFIED “IN-PLACE” PROJECTS

   403.17       TOP         6F            Base Bid:            92.79       nb         118.00          nb           94.06
      *       BINDER       FINE           Base Bid:            89.79       nb         117.00          nb           86.13

 403.138902   BINDER         3            Base Bid:            88.39       nb         110.00          nb           86.13



              NOW, THEREFORE BE IT RESOLVED, to award the F.O.B. bid to all bidders, and to award Specified
     In-Place Project #1, to A.L. Blades and Project #2, #3, and #4 to Hanson Aggregates NY, Inc., and be it further

             RESOLVED, to forward a copy of this resolution to each bidder, the Yates County Treasurer and the Yates
     County Highway Superintendent.
     VOTE: Unanimous
102                                    PROCEEDINGS OF THE LEGISLATURE


                                                   RESOLUTION NO. 189-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Flood.

      RESOLUTION OPPOSING LEGISLATION S1241 AND A3659 AMEND CERTAIN LAWS PERTAINING
                TO THE FUNCTIONING OF INDUSTRIAL DEVELOPMENT AGENCIES

       WHEREAS, Industrial Development Agencies have been instrumental in helping counties attract and maintain
      businesses that will help counties grow and sustain jobs in these economic times, and

        WHEREAS, we are at a time when the federal government is acting to implement an historic economic stimulus
      program and with the passing of said legislation it would prevent economic development from occurring in
      communities throughout our state, and

        WHEREAS, the passing of the state budget has significantly increased the cost of doing business in New York
      State, and will end the Empire Zone program 18 months early, and

        WHEREAS, said legislation would make New York more costly and less competitive with prevailing wage
      mandates, that would add an average of 28 percent to the cost of projects upstate. The cost of living wage mandate
      would discourage prospective employers‟ from locating or expanding in New York and would devastate not-for-
      profits. Non-union contractors would be prevented from building IDA project‟s thereby forcing non-union
      employees out of work. IDA board members would have to include representatives of several special interests
      rather than the economic development interests of their local government sponsors, and

                WHEREAS the Yates County IDA has been instrumental in initiating low interest Bonds that have
      significantly helped Soldiers and Sailors Hospital, a small rural hospital, to consolidate its debt and expand, and also
      initiated a number of bond offerings for Keuka College to upgrade and improve their facilities, and

                WHEREAS, the Yates County IDA has been instrumental in having the following projects go forward;
      Glenora Inn and Conference Center, Best Western Inn, Lake Street Plaza, Horizon Business Park and its many new
      tenants, and Esperanza Mansion;

        NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature strongly opposes the current
      legislation being considered and urges both the Senate and the Assembly to not pass senate bill S1241 and assembly
      bill A3659, and be it further

       RESOLVED, that copies of this resolution be given to Governor Paterson, Majority Leader Malcolm A. Smith,
      Senator William T. Stachowski,
      Senator George Winner, Speaker Sheldon Silver, Assemblyman Joseph D. Morelle, Assemblyman Jim Bacalles,
      Secretary to the Governor Mr. Lawrence Schwartz, and Inter-County President, Wayne Zyra.
      VOTE: Unanimous

      Deborah Martin, Assistant Attorney General in charge of the Rochester district office spoke to the Legislature
      regarding the services that the attorney general‟s office can offer to the legislature.

      Mr. Dennis moved to enter executive session to discuss a union grievance and a personnel performance, seconded
      by Mr. J. Multer.

      Meeting adjourned at 1:35 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                           103




                               REGULAR SESSION – MONDAY, MAY 11, 2009

The Yates County Legislature convened in regular session, Monday, May 11, 2009 in the Legislative Chambers at
1:00 p.m., Chairman Robert Multer presiding.

Minutes of the April 13th meeting were approved as presented.

Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund                      $    4,218.58
Finance                           $ 49,627.54
Flint Creek                       $
Government Operations             $ 70,086.00
Human Services                    $ 639,557.29
Prior To Audit                    $4,908,805.72
Public Safety                     $ 123,425.50
Public Works                      $ 56,001.70

COMMITTEE REPORTS
Mr. Fitch reported the Audit Committee met with the auditors. The auditors were very complementary of Bonnie
and her department. The County had a clean audit and Mr. Fitch commended the Department Heads and employees
for coming in approximately $2 million under budget. The County does have a strong General Fund Balance.
However, in 2008 there was a shortfall in the revenues due to sales tax and interest being down.

Mrs. Flood reported that as part of the Audit Committee she would like to expand lightly on Mr. Fitch‟s comments.
There still is work to be done. Each of the County departments has to create a process by which they combine
several procedures for the department. That work is ongoing and it is her goal that this is done by the end of the
year so that next year it is not in the audit. Mrs. Flood stated that the bottom line is that Yates County is in good
financial shape compared to some of the other counties.

Mrs. Flood went on to say that duplication of services is not as big of an issue as the duplication of paper and it is
going to be her pet peeve. Mrs. Flood stated that when she has to fill out two applications for one service, she has a
serious problem with it. She has brought this up and the reason that she was given was that “we needed the
information on our forms”. If we are going to ask people with developmental disabilities, people who have not
graduated from high school, people who are senior citizens, and people who cannot read to fill out two applications
instead of one is beyond her comprehension. The other thing that still bothers Mrs. Flood is the Spanish information
for food stamps is not up on the wall next to the English. Along with the Spanish applications for other services,
this is in all departments in the County. Mrs. Flood went through the departments. She knows what‟s up and what is
not up. Mrs. Flood expects the information to be up by the next walk through.

                                            RESOLUTION NO. 190-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.
DISCUSSION: Mrs. Alexander thanked the volunteers for their services.

               APPOINT MEMBERS TO THE YATES COUNTY FIRE ADVISORY BOARD

        RESOLVED, That the following people be appointed to the Yates County Fire Advisory Board for the term
1/1/2009 – 12/31/2009

Melanie Bush       2nd Asst. Fire Chief Bellona Fire Department
Mark Martin    Fire Chief Benton Fire Department
Michael Chapman     Fire Chief Branchport/Keuka Park Fire Department
104                                   PROCEEDINGS OF THE LEGISLATURE


      Charlie Leach          Fire Chief Dresden Fire Department
      Daniel Petersen        Fire Chief Dundee Fire Department
      Carroll Graves     Fire Chief Himrod Fire Department
      Rodney Bassett Fire Chief Middlesex Fire Department
      Rick Ritorick          Fire Chief Penn Yan Fire Department
      Richard Dimon, Jr.     Fire Chief Potter Fire Department
      Jim Santee         Fire Chief Rushville Fire Department


      Glen Miller Fire Coordinator Yates County
      Tom Murphy Deputy Coordinator Yates County
      Chris Warriner      EMS Coordinator Yates County
      Nancy Taylor         Legislature Yates County Legislature

      and be it further

       RESOLVED, that copies of this resolution be provided to Glen Miller, Emergency Management Coordinator.
      VOTE: Unanimous
                                                  RESOLUTION NO. 191-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                                      ACCEPT LETPP PROTECTIVE EQUIP GRANT

                NOW, THEREFORE BE IT RESOLVED, that the Law Enforcement Terrorism Prevention Program
      (LETPP) through the US Homeland Security agency seeks to provide law enforcement communities with enhanced
      capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and that the Yates County Sheriff
      has been successful in obtaining and thus awarded a $14,500 USRT protective equipment, etc. grant that is hereby
      accepted and the Chairman is authorized to sign and said funds shall be properly appropriated into the budget by the
      Treasurer,

             RESOLVED, that a copy of this resolution be provided the Sheriff, Treasurer, and Budget Officer.
      VOTE: Unanimous
                                        RESOLUTION NO. 192-09 (Lost)

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.
      DISCUSSION:
      Dr. Dennis explained that he realizes that this motion is only to set the date for a public hearing he would like to
      express some of his thoughts regarding the proposed law. Dr. Dennis is also concerned about the danger of driving
      and testing. He is saddened by the tragic loss of young lives caused by apparently distracted young drivers.
      However, testing is not the only distraction that can result in an accident. Perhaps we should ban the use of GPS
      devices, CD players, radar detectors etc. Also, drive through food and beverage windows could be closed in this
      County because we all know drinking hot coffee or eating a sloppy burger can distract a driver. We already have
      traffic regulations in place that require safe, attentive operation of a motor vehicle. These regulate such items as
      unsafe driving, crossing solid lines, creating a hazard etc.

      In addition, local laws require local notification. As we cross town lines we see signs such as welcome to the Town
      of Potter, building permits required or Town of Jerusalem zoning ordinance in effect. Local roads are posted for
      weight limits and there is the famous no transport of spent nuclear fuel oil. If the counties start enacting hodge podge
      traffic regulations, the roads will need to be posted informing the traveling public.

      The State already has banned the use of cell phones except in a hands free situation. Dr. Dennis thinks this could be
      interpreted to include texting as he is not sure how to do this hands free.
                                PROCEEDINGS OF THE LEGISLATURE                                                            105


That other counties are enacting this ban is a testimony to the dysfunctional situation in Albany. The lack of action
in State government cannot be blamed on partisan gridlock as the Democrats control the Assembly, Senate and
Governor. If this law is necessary, it is time for the State to handle it.

Dr. Dennis proposed that we once again send a resolution to our representatives in Albany and the leadership in
Albany to do their job and for county legislatures to concentrate on other issues.

Dr. Dennis moved to table the resolution, seconded by Mr. Banach.

Mr. Banach stated that he has a problem with feel good legislation. Mr. Banach feels that this would be
unenforceable and he concurs with Dr. Dennis.

Mr. Flood stated that you cannot legislate common sense. We tried to do it with car seats and babies are still being
tossed out the window and dying.

Mr. Paddock stated that he is not a fan of passing legislation for the sake of passing legislation. Mr. Paddock stated
that he would support the public hearing and the law in and of itself. He agrees with Dr. Dennis in that it is the
States responsibility to enact a law preventing texting. However, if you look in the minutes you will find that we did
send a resolution to the Legislature a year ago this month asking for support and the passing of legislation and it has
not been forth coming. The law as written removes any responsibility from the County upon the passage of
legislation at the state level.

Mr. Nielsen stated that approximately 6 years ago a study was done on a smoking ban. There was no state law. The
State found out that the counties were passing local laws on smoking ban in public places and that got the legislature
moving to pass a state law.
VOTE on to table: Willson, Dennis, House, Fitch, Flood, Banach, R. Multer voting “Yes” Alexander, Paddock,
Taylor, Nielsen, J. Multer, Holgate, Webster voting “No” motion failed.

                    SET DATE FOR PUBLIC HEARING ON PROPOSED LOCAL LAW
                      2-2009 - PROHIBITING THE USE OF WIRELESS HANDSETS
                 TO COMPOSE, READ OR SEND TEXT MESSAGES WHILE OPERATING
                         A MOTOR VEHICLE IN THE COUNTY OF YATES, N.Y.

          WHEREAS, the Sheriff has presented to the Legislature a proposed Local Law, the effect of which would
prohibit the use of wireless handsets to compose, read or send text messages while operating a motor vehicle in the
County of Yates, and

         WHEREAS, text messaging while driving is a growing traffic safety problem on our roads, and by its very
nature involves the driver taking hands off the wheel and eyes off the road, and is a clear distraction, especially for
younger inexperienced drivers that may lead to accidents and fatalities, and thus the necessity for local enforcement
until such time as the NYS Legislature passes similar legislature that to this date has not occurred,

        NOW, THEREFORE, BE IT RESOLVED, that the Legislature will hold a public hearing on said proposed
Local Law 2 of 2009 at the Legislative chambers in the County Building at 417 Liberty Street, Penn Yan, NY at
1:10 PM on Monday, June 8, 2009, at which time all interested parties will be heard.

                                                     NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing                    162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file
a local law with the Secretary of State.)

 Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
underling to indicate new matter.

 County
 City of Yates
 Town
106                                   PROCEEDINGS OF THE LEGISLATURE


       Village

         Local Law No. 2-2009

      A LOCAL LAW PROHIBITING THE USE OF WIRELESS HANDSETS
      TO COMPOSE, READ OR SEND TEXT MESSAGES WHILE OPERATING
      A MOTOR VEHICLE IN THE COUNTY Of Yates, N.Y.


      Be it enacted by the Legislature of the

      County
      City    of Yates_ as follows:
      Town
      Village

      BE IT ENACTED by the County Legislature of the County of Yates as follows:
      Section 1: Title.

      This law shall be known as the “Local Law To Prohibit The Use Of Wireless Handsets To Compose, Read Or
      Send Text Messages While Operating A Motor Vehicle In the County of Yates, N.Y.”

      Section 2. Declaration of intent.

      Text messaging while driving is a growing problem on our roads. This activity by its very nature involves the driver
      taking hands off the wheel and eyes off the road, and is a clear distraction that leads to accidents and fatalities.
      Often, it is the younger, less experienced driver who texts while underway. Until such time as the New York State
      legislature passes a similar law, Yates County needs to address this traffic safety issue with a local law.

      Section 3. Definitions

      As used in this law, the following terms shall have the meanings indicated:

          A)       “Hands-free” shall mean the manner in which a wireless handset is operated for the purpose of
                   composing, reading or sending text messages, by using an internal feature or function, or through an
                   attachment or addition, including but not limited to an ear piece, head set, remote microphone or short-
                   range wireless connection, thereby allowing the user to operate said device without the use of the
                   hands.

          B)       “Motor vehicle” shall mean any vehicle that is self-propelled by a motor, including but not limited to,
                   automobiles, trucks, vans, buses, construction vehicles, etc.

          C)       “Inoperability” shall mean a motor vehicle that is incapable of being operated or being operated in a
                   safe and prudent manner due to mechanical failure, including but not limited to engine overheating or
                   tire failure.

          D)       “Person” shall mean any natural person, corporation, unincorporated association, firm, partnership,
                   joint venture, joint stock association or other entity or business organization of any kind.

          E)       “Stopped” shall mean not in motion.

          F)       “Text message”, also referred to as short messaging service (SMS), shall mean the process by which
                   users send, read or receive messages on a wireless handset, including but not limited to, text messages,
                   instant messages, electronic or e-mails, in order to communicate with any person or device.

          G)       “Use” shall mean to hold a wireless handset in one‟s hand.
                                    PROCEEDINGS OF THE LEGISLATURE                                                         107



     H)      “Wireless Handset” shall mean a portable electronic or computing device, including cellular
             telephones and personal digital assistants (PDAs) capable of transmitting data in the form of a text
             message.

     Section 4. Prohibition.

     No person shall use a wireless handset to compose, read, or send text messages while operating a motor vehicle
     on any public street or public highway within Yates County.

     Section 5. Exceptions

A.   Notwithstanding Section 4, this law shall not be construed to prohibit the use of any wireless handset by:
                   i. Any law enforcement, public safety or police officers, peace officers, emergency services
                       officials, first aid, emergency medical technicians and personnel, and fire safety officials in
                       the performance of duties arising out of and in the course of their employment as such;

                        ii.   A person using a wireless handset to contact any individual listed in subsection (i);
                                                                     or

                        iii. A person using a wireless handset inside a motor vehicle while such motor vehicle
                                  is parked, standing or stopped and is removed from the flow of traffic, in
                               accordance with applicable laws, rules or ordinances, or is stopped due to the
                                                     inoperability of such motor vehicle.

                        iv. Any person who holds a valid amateur radio operator’s license issued by the FCC
                             and who operates a duly licensed portable mobile transmitter and in connection
                                                 therewith a receiver or receiving set.

B. Notwithstanding Section 4., this law shall not be construed to prohibit a person operating a motor vehicle from
utilizing a hands-free wireless handset.

Section 6. Penalties.

A violation of Section 4 of this local law shall constitute an offense and be punishable by a fine not to exceed $
150.00 for each single violation. Each such violation shall constitute a separate and distinct offense.

This local law shall be enforced by the Yates County Sheriff‟s Office and may be enforced by any other law
enforcement agency having jurisdiction.

Section 7. Effect of Other Laws.

This local law shall be null and void on the day that New York statewide legislation goes into effect, incorporating
either the same or substantially similar provisions as are contained in this local law, or in the event that a pertinent
state or federal administrative agency issues and promulgates regulations preempting such action by Yates County.
The County Legislature may determine via resolution whether identical or substantially similar statewide legislation
or preempting regulations have been enacted for the purposes of triggering the provision of this section.

Section 8. Severability.

If any section, subsection, sentence, clause, phrase or other portion of this local law is for any reason declared
unconstitutional, or invalid or in whole or in part by any court of competent jurisdiction, such portion shall be
deemed severable and such unconstitutionality or invalidation shall not affect the validity of the remaining portions
of this law which remaining portions shall remain in full force and effect.
108                                    PROCEEDINGS OF THE LEGISLATURE


      Section 9. Effective date.

      This local law shall take effect thirty days after filing in the Office of the Secretary Of State pursuant to section 27
      of the Municipal Home Rule Law.
      VOTE on the original motion: Alexander, Paddock, Taylor, Nielsen, J. Multer, Holgate, Webster voting “Yes”
      Willson, Denis, House, Fitch, Flood, Banach, R. Multer voting “No” Motion lost.

                                                    RESOLUTION NO. 193-09

      Mrs. Alexander offered resolution No. 193-09 and moved its adoption, seconded by Mr. Webster.

                                               DECLARE SURPLUS PROPERTY

                  NOW, THEREFORE, BE IT RESOLVED, that inventoried rifles no longer intended for use by the
      Sheriff‟s Office as listed by the Sheriff are hereby declared surplus property and the Sheriff is authorized to dispose
      of same for fair market value or other appropriate means with revenue turned over to the Treasurer, and

               RESOLVED, that a copy of this resolution be provided the Sheriff and Treasurer.
      VOTE: Unanimous
      RESOLUTION NO. 194-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

                           AUTHORIZE CHAIRMAN SIGN IMMUNIZATION ACTION PLAN
                                      GRANT RENEWAL AGREEMENT

       RESOLVED, that the Chairman is hereby authorized to sign a renewal agreement for $30,000 grant from the New
      York State Department of Health for the provision of an Immunization Action Plan in Yates County Public Health
      Nursing Service for the period April 1, 2009 through March 31, 2010, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and the County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 195-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                          SIGN AGREEMENT WITH JANIS JEPSON, SPECIAL INSTRUCTOR

        RESOLVED, that the Chairman is hereby authorized to sign an Agreement with Janis Jepson, Special Instructor ,
      to provide services to infants and toddlers in the Early Intervention program at the state-promulgated rates, for the
      period April 20, 2009 – December 31, 2013 and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
      VOTE: Unanimous




                                                    RESOLUTION NO. 196-09

      Mr. Paddock offered resolutions 196 and 197-09 and moved their adoption, seconded by Mrs. Flood.
                                PROCEEDINGS OF THE LEGISLATURE                                                           109



 EXTEND “WHEELS TO WORK/COMMUNITY SOLUTIONS FOR TRANSPORTATION” CONTRACT
             WITH PROACTION OF STEUBEN AND YATES COUNTIES, INC.

          RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the Social
Services Commissioner are authorized to sign a contract extension with Pro-Action of Steuben and Yates Counties,
Inc. originally approved through Res. No. 16-09 to extend the life of the contract through 12/31/09, and be it further

        RESOLVED that copies of this contract be forwarded to the Department of Social Services and the County
Treasurer.
VOTE: Unanimous
                                       RESOLUTION NO. 197-09

  EXTEND “JOB COACH‟ CONTRACT WITH PROACTION OF STEUBEN AND YATES COUNTIES,
                                    INC.

          RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the Social
Services Commissioner are authorized to sign a contract extension with Pro-Action of Steuben and Yates Counties,
Inc. originally approved through Res. No. 225-08 to extend the life of the contract through 12/31/09, and be it
further

        RESOLVED that copies of this contract be forwarded to the Department of Social Services and the County
Treasurer.
VOTE: Unanimous
                                       RESOLUTION NO. 198-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

  CONTRACT WITH LABORATORY CORPORATION OF AMERICA HOLDINGS (LABCORP) FOR
  GENETIC PARENTAGE TESTING FOR THE CHILD SUPPORT UNIT OF THE DEPARTMENT OF
                               SOCIAL SERVICES

         RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the Social
Services Commissioner is authorized to sign a contract with Laboratory Corporation of America Holdings for
genetic parentage testing services for use by the Child Support Enforcement Unit of the Department of Social
Services at the rate of $60. per person from January 1, 2009 through December 31, 2011, and be it further

        RESOLVED, that copies of this resolution be forwarded to the Department of Social Services and the
Yates County Treasurer.
VOTE: Unanimous
RESOLUTION NO. 199-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.

                           WORKFORCE DEVELOPMENT BUDGET TRANSFER

 BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

 FROM:     C6293 4C Youth Program Operating     $ 3,000
 FROM:     C6293 8C Youth Staff Fringe     $ 2,000
 FROM:     C6293 1C Youth Staff Wage     $ 5,000
 TO:       CD6293.81C Participant Wage and Fringe    $10,000

AND be it further
110                                 PROCEEDINGS OF THE LEGISLATURE


              RESOLVED, that copies of this resolution be provided to the Workforce Development Director, and the
      Yates County Treasurer.
      VOTE: Unanimous
      RESOLUTION NO. 200-09


      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.

                                       PROCLAMATION: ONE STOP MONTH

            WHEREAS, the Workforce Investment Act of 1998 authorizes Local Workforce Investment Boards and Chief
      local elected officials to create One-Stop Career Centers within local Workforce Investment Areas; and

            WHEREAS, the Finger Lakes Workforce Investment Board provides federal Workforce Investment Act funds
      for the operation of the Finger Lakes Works One Stop Centers in Ontario, Seneca, Wayne and Yates Counties; and

           WHEREAS, the Finger Lakes Works One Stop Centers opened their doors on July 1, 2000; and

           WHEREAS, the Finger Lakes Works One Stop Centers provides valuable services to this community by
      connecting businesses with workers and job seekers with jobs; and

          WHEREAS, the Finger Lakes Works One Stop Centers helps job seekers acquire skills, find jobs, finds skilled
      workers for our businesses and helps our businesses upgrade the skills of their existing workforce; and

            WHEREAS, In calendar year 2008, the Finger Lakes Works One Stop Centers have served 9,785 people in
      finding jobs and 442 businesses find skilled workers; and

           WHEREAS, May 2009 is One Stop Month in New York State;

            NOW, THEREFORE, BE IT RESOLVED, That the Yates County Legislature, does hereby proclaim the
      month of May as “One Stop Month” for the County of Yates, and to acknowledge the achievements and the valuable
      services the Finger Lakes Works One Stop Centers provide to the citizens of this community; and be it further

           RESOLVED, That certified copies of this resolution be sent by the Clerk of this Board to the Finger Lakes
      Workforce Investment Board, Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Eric Massa, New
      York State Senator George Winner, and New York State Assemblymen James Bacalles.
      VOTE: Unanimous
      RESOLUTION NO. 201-09


      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                                      APPOINTMENT TO THE FINGER LAKES
                                       WORKFORCE INVESTMENT BOARD

        WHEREAS, this Legislature, by Resolution #334-99, has authorized the creation of the Finger Lakes Workforce
      Investment Board for the Counties of Yates, Ontario, Seneca, and Wayne in compliance with the Workforce
      Investment Act (WIA) of 1998; and
        WHEREAS, the Workforce Investment Board members must be appointed by the respective Legislative Boards;
      and

       WHEREAS, the Executive Director has solicited nominations in accordance with the Law;
                               PROCEEDINGS OF THE LEGISLATURE                                                    111


  WHEREAS, the Finger Lakes Workforce Investment Board By-Laws state voting members shall be appointed for
terms of three (3) years, and that term shall be staggered,

  NOW, THEREFORE, BE IT RESOLVED, that this Legislature does hereby appoint the following representative
to the Finger Lakes Workforce Investment Board to fill an unexpired term through June 30, 2010 and to fill a
complete three year tem from July 1, 2010 through June 30, 2013.

           Mr. Jack Farrell
           143 Deseyn Drive
           Canandaigua, NY 14424

and be it further

  RESOLVED, that certified copies of this resolution be sent to Wayne, Ontario, and Seneca Counties, the
Yates County Workforce Development, the Finger Lakes Workforce Investment Board and to the
aforementioned appointee.
VOTE: Unanimous
RESOLUTION NO. 202-09


Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.


                                         2009 BUDGET TRANSFERS

  BE IT RESOLVED, that the following transfers be made in the 2009Budget:

  $13,847 from A1990.4905 (Contingent Fund) to A1430.1630 (Personnel-Insurance Manager);
  $1,060 from A1990.4905 (Contingent Fund) to A1430.8100 (Personnel-FICA/Medicare);
  $50 from A1230.4660 (County Administrator-Travel Expenses) to A6610.4507 (Weights & Measurers-Copier
Charges);
  $50 from A1230.4660 (County Administrator-Travel Expenses) to A6610.4470 (Weights & Measurers-Supplies:
Office);
  $272.29 from A1680.2115 (Information Technology-Computer Hardware) to A6610.2115 (Weights & Measurers-
Computer Hardware);
  $500 from A3190.2415 (Court Security-Weapons/Gun Racks) to A1623.4421 (Buildings & Grounds-Courthouse-
Clean Contract-Carpet/Mats);
  $3,200 from A3190.4571 (Court Security-Computer Software) to A1623.4422 (Buildings & Grounds-Courthouse-
Building Equipment Maintenance);
  $231.36 from A3645.2955 (OEM-Grant: Homeland Security Program) to A3645.4957 (OEM-Grant: Homeland
Security „06);
  $650 from A3645.2953 (OEM-Grant: SHSP) to A3645.4960 (OEM-Grant: Homeland Security „07);
  $3,500 from A3645.2948 (OEM-Grant: Homeland Security „08) to A3645.4943 (OEM-Grant: Homeland Security
„08);
  $10,522.09 from A6123.4310 (DSS-Juvenile Delinquent Care) to A6129.4316 (DSS-State Training School);

and be it further

 RESOLVED, that a copy of this resolution be given to the Personnel Officer, IT Director, Sheriff, Buildings &
Grounds Maintenance Supervisor, Emergency Preparedness Coordinator, Department of Social Services
Commissioner, Budget Officer and County Treasurer.
VOTE: Unanimous
112                                  PROCEEDINGS OF THE LEGISLATURE




                                                 RESOLUTION NO. 203-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

      APPROPRIATE ADDITIONAL CONSOLIDATED LOCAL STREET AND HIGHWAY IMPROVEMENT
                               PROGRAM (CHIPS) FUNDING

        WHEREAS, the Yates County Highway Department has been notified that the allocation of funding for the
      Consolidated Local Street and Highway Improvement Program (CHIPS) was increased for the fiscal year 2009-2010
      in the amount of $140,706 which is not part of the 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $140,706:

       Appropriation
       D5112.4602 (Chips Project-Bituminous Materials)

       Revenue
       D3501.0 (State Aid-Consolidated Highway Aid)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Highway Superintendent, Budget Officer and County
      Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 204-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                CLOSEOUT THE COLORECTAL SCREENING GRANT
                                             (PUBLIC HEALTH)

       WHEREAS, the Public Health Department wishes to close the Colorectal Screening Grant as they have recouped
      personal services expenses for administration with the balance appearing in the appropriation account

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be decreased by $6,784.90:

       Appropriation
       A4010.4989 (Grant: Colorectal Screening)

       Revenue
       A3405 (State Aid: Colorectal Screening)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer and County
      Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 205-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Webster.


      APPROVE MORTGAGE TAX APPORTIONMENT
                                PROCEEDINGS OF THE LEGISLATURE                                                         113



  WHEREAS, this Legislature is in receipt of the Mortgage Tax Report showing the amounts to be credited to each
tax district of the County, of the money collected during the period October 1, 2008 to March 31, 2009 be it

  RESOLVED, that pursuant to Section 53 of the Tax Law, this Legislature issue a Tax Warrant for the payment to
the respective tax districts of the amounts so credited and authorize and direct the County Treasurer to make
payments of said amounts so credited and to the respective districts in accordance with the report:




               Total Tax Collected                                  $211,143.57
               Recording Officer‟s Expense                           $ 12,223.17
               Treasurer‟s Expense
               Interest Received                                    $       382.44
               Net amount of Distribution                           $199,302.84


 Town             Net After          To Towns       Village         To Village          Total
 Barrington        $22,182.61         $22,182.61                                      $22,182.61
 Benton            $13,220.56         $12,014.57    Penn Yan            $ 1,205.99    $13,220.56
 Italy             $ 4,613.41         $ 4,613.41                                      $ 4,613.41
 Jerusalem         $61,444.26         $61,190.57    Penn Yan            $   253.69    $61,444.26
 Middlesex         $16,882.97         $16,882.97                                      $16,882.97
 Milo              $39,254.44         $25,053.65    Penn Yan            $14,200.79    $39,254.44
 Potter            $10,527.08         $ 9,484.56    Rushville           $ 1,042.52    $10,527.08
 Starkey           $18,830.49         $15,399.42    Dundee              $ 3,431.07    $18,830.49
 Torrey            $12,347.02         $11,997.78    Dresden             $   349.24    $12,347.02
              $199,302.84            $178,819.54                        $20,483.30   $199,302.84
VOTE: Unanimous
                                            RESOLUTION NO. 206-09

Mrs. Taylor offered the resolution and moved its adoption, seconded by Mr. Nielsen.
DISCUSSION: Mrs. Taylor reminded everyone that this is a renewal of the 1% sales tax increase it is not a new tax.
Sarah Purdy state that NYSAC was disappointed that the State did not enact the legislation to make this resolution
permanent.

 REQUEST HOME RULE LEGISLATION TO EXTEND IMPOSITION OF ADDITIONAL SALES TAX

  WHEREAS, in 2003 Yates County increased the county portion of the sales tax rate by 1% in order to generate
approximately $2 million per year in additional county revenue without imposing an additional burden to property
owners through the property tax, and

 WHEREAS, the authorization from the State Legislature to impose this additional sales tax expires on November
30, 2009,

   NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature hereby requests home rule
legislation be passed by the Assembly in bill A7455 and by the Senate in bill S4095 to amend the tax law in relation
to the imposition by the County of the additional 1% on the county portion of the sales tax rate through November
30, 2011, and be it further
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       RESOLVED, that copies of this resolution be given to Senator George H. Winner, Assemblyman Jim Bacalles, the
      Yates County Administrator and the Yates County Treasurer.
      VOTE: Unanimous


                                                     RESOLUTION NO. 207-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

                              RE-ESTABLISH FEE SCHEDULE FOR BOARD OF ELECTIONS
                                        AND RESCIND RESOLUTION 131-03

       WHEREAS, Yates County's voter registration records are computerized and,

        WHEREAS, The State of New York Election Law (Sections 5-602 and 5-604) states that the publishing of lists of
      registered voters and enrollment lists may be sold "at a charge not exceeding the cost of publication" includes only direct
      costs, that is, costs commencing from the time the record is ready for production and is requested, and whereas some of
      the current fees do not reflect actual costs.

        NOW THEREFORE, BE IT RESOLVED, that Resolution 131-03 is hereby rescinded and the following fee schedule
      be adopted for use by the Yates County Board of Elections when providing the following items to persons or
      organizations requesting them.

      Electronic media             (current price) media cost
      Printed voter listings         (cost of printing) $.10 per page
      Political calendar booklet         (current price) $9.00
      Mailing labels      $.03 ea
      Facsimiles        $.65 /pg
      Poll books (school, village, fire) $.10 /pg
      Copies        $.25
      Postage         @ current rates

      and be it further

       RESOLVED, that a copy of this resolution be given to the County Administrator and to all Department Heads.
      VOTE: Unanimous
                                                RESOLUTION NO. 208-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                                             AUTHORIZE INSURANCE RENEWAL

        WHEREAS, various liability insurance policies on behalf of the County with Selective Insurance Company will
      expire on May 10, 2009, and

       WHEREAS, the County would like to renew the policies for a period of one year from May 10, 2009 through May
      10, 2010.

        NOW, THEREFORE BE IT RESOLVED, that the Personnel Officer is hereby authorized to advise the Stork
      Insurance Agency, as the local insurance agent for Selective Insurance Company that all liability policies currently
      in effect will be renewed effective May 10, 2009 for said one year period, and be it further

        RESOLVED, that a copy of this resolution be provided to Stork Insurance Agency, the Personnel Officer, the
      Insurance & Risk Manager, and the County Treasurer.
      VOTE: Unanimous
                               PROCEEDINGS OF THE LEGISLATURE                                                       115




                                          RESOLUTION NO. 209-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.

  AUTHORIZE CONTRACT WITH PRO-ACTION OF STEUBEN AND YATES COUNTIES, INC. FOR
      STAFFING OF THE YATES COUNTY SUMMER YOUTH EMPLOYMENT PROGRAM

  RESOLVED, that after review by the County Attorney, the Chairman of the Legislature and the Director of
Workforce Development be authorized to sign a contract with Pro-Action of Steuben and Yates Counties, Inc to
contract for summer staffing with the Department for the period 6/01/09-10/31/09 to staff the summer youth
employment program, and be it further

 RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department of
Workforce Development.
VOTE: Unanimous
                                             RESOLUTION NO. 210-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.
                          AUTHORIZE CHAIRMAN TO SIGN CONTRACT WITH
                                   WORKFORCE INVESTMENT BOARD

        WHEREAS, The Workforce Investment Act (WIA) of 1998 requires an Administrative Agreement
between the Chief Elected Officials and the Workforce Investment Board for the allocation of Title I Workforce
Investment Act funds, and for the designation of the One Stop Operator(s);

  WHEREAS, it is necessary for the County to enter into financial contracts with the Finger Lakes Workforce
Investment Board Inc., as Grant Recipient for WIA Youth Summer Stimulus Funds for the period of 6/30/09-
10/31/09:

         NOW, THEREFORE, BE IT RESOLVED, the Chairman is hereby authorized to sign said contracts on
behalf of the County, and be it further

  RESOLVED, that certified copies of this resolution be sent to The Finger Lakes Workforce Investment Board Inc.,
and the Yates County Workforce Development Director.
VOTE: Unanimous
                                           RESOLUTION NO. 211-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

    APPROPRIATE CARRY-OVER OF QUALITY COMMUNITIES PROGRAM GRANT (CORNELL
                           COOPERATIVE EXTENSION)

 WHEREAS, the Yates County Legislature supported the application of the New York State Quality Communities
Grant by Resolution Number 434-06 and this grant maintained a balance of $6,493.34 as of December 31, 2008 and

 WHEREAS, these funds need to be appropriated in the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased $6,493.34:

 Appropriation
 A8710.4985 (Grant: Quality Communities)
116                                    PROCEEDINGS OF THE LEGISLATURE



       Revenue
       A3989 (State Aid: Home & Community Service)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Executive Director of the Cornell Cooperative
      Extension of Yates County, Budget Officer and County Treasurer.
      VOTE: Unanimous
                                                RESOLUTION NO. 212-09

      Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Banach.
      DISCUSSION: Mr. Fitch stated that this is stimulus funds and will pave from Italy Hill to Darby Corners.

                     ECONOMIC RECOVERY PROJECTS MUNICIPAL/SPONSOR RESOLUTION

        WHEREAS, The Yates County Resurfacing of CR#32 from CR#29 to CR#33 Economic Recovery Project,
      (hereinafter “the Project”), in the Town of Jerusalem, Yates County (hereinafter “the Municipality/Sponsor”), is
      eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such
      program to be borne at the ratio of 100% Federal funds and 0% non-federal funds.

       NOW, THEREFORE, the Municipal/Sponsor Board duly convened does hereby:

       RESOLVE, that the Municipal/Sponsor Board hereby approves the above Projects; and it is hereby further

       RESOLVED, that the Municipal/Sponsor agrees to advance the Projects through: (check only one of the following
      boxes):

             1) The Municipality/Sponsor‟s resources and agrees that the Municipal/Sponsor Board hereby authorizes the
      Municipality/Sponsor to pay in the first instance the full federal costs and full non-federal costs of any and all
      phase(s) or portions thereof and hereby appropriates from the 2009 Yates County Road Fund Account #D5120.4999
      the funds necessary to complete the Project(s) including all phase(s) or portions thereof
      - OR -

           2) NYSDOT resources and agrees that the Municipal/Sponsor board hereby authorizes the
      Municipality/sponsor to pay in the first instance the full non-federal costs of any and all phase(s) or portions thereof
      and hereby appropriates from          (or pursuant to       ) the funds necessary to complete the Projects(s) including
      all phase(s) or portions thereof; and it is further

               RESOLVED, that the Municipal/Sponsor Board makes a 100% commitment of the non-federal share (if
      any) of the costs of Construction/Construction Inspection phase(s) of work for the Project(s) or portions thereof,
      with the federal share of such costs to be applied directly by the New York State Department of Transportation
      (hereinafter “NYSDOT”) pursuant to the Sate/Local Agreement and it is hereby further




              RESOLVED, that upon completion of construction of the Projects, or a fully usable portion thereof, the
      Municipality/Sponsor agrees to maintain the Project(s), or fully usable portion thereof, at their sole cost and
      expense; and it is hereby further

        RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount
      appropriated above, the Municipal/Sponsor Board shall convene as soon as possible to appropriate said excess
      amount immediately; and it is hereby further
                                 PROCEEDINGS OF THE LEGISLATURE                                                            117


  RESOLVED, that the Chairperson of the Yates County Legislature is hereby authorized to execute all necessary
Agreements or certifications on behalf of the Municipality/Sponsor, (subject to the Municipal/Sponsor Attorney‟s
approval as to form and content), with NYSDOT in connection with the advancement or approval of the Projects
identified in the State/Local Agreement; and providing for the administration of the Projects and the municipality‟s
first instance funding of the non-federal share of project costs and permanent funding of the local share of federal-
aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible,
and it is further

  RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of the
Department of Transportation by attaching it to any necessary Agreement in connection with the Project(s), and it is
further

 RESOLVED, this Resolution shall take effect immediately.

Legislator Holgate moved the adoption of the resolution, seconded by Legislator Banach. Upon roll call, adopted
unanimously.

         Clerk of the Legislature, County of Yates

  I, hereby certify that I have compared the foregoing copy of a resolution with the original duly adopted by the
above mentioned Municipality/Sponsor at a session held on the 11th day of May 2009 and that the same is a true
copy of said original and of the whole thereof.

 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of the said
Legislature, this 11th day of May, 2009
VOTE: Unanimous
                                        RESOLUTION NO. 213-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Dr. Dennis.
DISCUSSION: Mr. Fitch explained that a meeting was held of the Waterfront Revitalization Committee and it was
determined that a study should be done to determine the infrastructure needs for the re-development of the Penn Yan
Marine site. Proposals were sought and awarded to Hunt Engineers. It was determined that because the study was
for economic development that the county should pay for the study. It was also noted that the by no means should
this be misconstrued as setting persistent.




                                      AUTHORIZE PAYMENT FOR STUDY
                                            (Village of Penn Yan)

          WHEREAS, the Yates County Legislature recognizes the need for an engineering study to determine the
infrastructure needs related to the re-development of the Penn Yan Marine property, and

        WHEREAS, representatives of the Village of Penn Yan and Yates County recommend that Hunt
Associates be hired at a cost of $26,900 to conduct this study,

        NOW, THEREFORE, BE IT RESOLVED that the Yates County Legislature authorizes the payment of
$26,900 to the Village of Penn Yan for this study, and be it further

         RESOLVED, that this funding commitment is made solely for the purpose of this study, and be it further

        RESOLVED, that copies of this resolution be given to the County Administrator, the County Treasurer, the
Mayor of Penn Yan and the Clerk of the Village of Penn Yan.
VOTE: Unanimous
118                                   PROCEEDINGS OF THE LEGISLATURE



      Mr. J. Multer moved to enter into executive session to discuss an employee performance, seconded by Mr. Webster.

      Meeting adjourned at 1:27p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                           119


                                REGULAR SESSION – MONDAY, JUNE 8, 2009

The Yates County Legislature convened in regular session, Monday, June 8, 2009 in the Legislative Chambers at
1:00 p.m., Chairman Robert Multer presiding, Legislator Webster absent.

Minutes of the May 11th meeting were approved as presented.

Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund                                 $ 8,684.15
Finance                                      $ 93,577.26
Government Operations                        $ 42,570.49
Human Services                               $332,439.91
Prior To Audit                               $295,646.19
Public Safety                                $ 71,746.31
Public Works                                 $338,279.65

COMMITTEE REPORTS
Mrs. Alexander reported on an accident that occurred in Middlesex where the CEO of the University of Rochester
Medical Center was hurt. The University of Rochester Medical Center credits the intricate team work of the first
responders and mercy flight. Donna stated this shows that our First Responders, Deputy Sheriff‟s and 911
Dispatchers are doing their jobs. Donna went on to thank the taxpayers who provide all the training for these people
as well as our volunteers.

Sarah Purdy, County Administrator stated that the last resolution that is coming from the floor today, Resolution No.
253-09, is a result from a letter that she received in today‟s mail from the Dundee Area Youth Center indicating their
funds are starting to run low and they requested their budgeted allocation. Rather than making the Youth Center
wait until the July audit process if there could be a resolution authorizing the Treasurer to make payment, the
budgeted funds could be sent to them sooner.

CHAIRMAN‟S APPOINTMENTS
Chairman Multer reappointed the following individuals to the Airport Council.
       Donald Meaney      Term: 7/14/09 to 7/1/10
       Douglas Marchionda Sr. Term: 7/14/09 to 7/1/10
       Daryl Middlebrook Term: 7/14/09 to 7/1/10

                                            RESOLUTION NO. 214-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                            ESTABLISH FIREARMS QUALIFICATION
                 FEE PER LAW ENFORCEMENT OFFICERS SAFETY ACT (RETIREES)

     WHEREAS, HR218 federal regulation Chapter 44 of title 18, United States Code, section 926B known as the
Law Enforcement Officers Safety Act (LEOSA) addresses qualified retired law enforcement officers exempting
them from state laws carrying firearms, and

       WHEREAS, the Yates County Sheriff has extensive policy on this issue for weapon qualifications on
authorized firearms range conducted by on duty sheriff‟s instructors involving their time, wages, targets and range
costs, and a reasonable fee is appropriate to off set costs incurred by Yates County Sheriff Office,

        NOW, THEREFORE, BE IT RESOLVED, that the sheriff shall charge a twenty-five dollar fee to qualified
retired law enforcement officers for range use and instructor time, etc. for annual certification by the sheriff to
comply with the requirements in the LEOSA, and that said fee shall be forwarded to the Treasurer by the Sheriff‟s
Office, and
120                                  PROCEEDINGS OF THE LEGISLATURE


             RESOLVED, that a copy of this resolution be provided the Sheriff, Treasurer, Budget Officer, and the
      President of the Yates County Deputy Sheriff Association.
      VOTE: Unanimous
                                                RESOLUTION NO. 215-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                                      INCREASE WORKFORCE DEVELOPMENT
                                              WIA YOUTH BUDGET

       WHEREAS, the Finger Lakes Workforce Investment Board has approved an increase to the Workforce
      Development WIA Title I Youth Budget,

               NOW, THEREFORE, BE IT RESOLVED, that Revenue account CD 4791.0 be increased by the amount
      of $2,000, and be it further

       CD6293.11C WIA Youth Participant Wages $1,790.00
       CD6293.81C WIA youth participant fringe $ 210.00

      AND be it further

              RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
      Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 216-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.

                    AUTHORIZE WORKFORCE DEVELOPMENT TO ENTER INTO CONTRACT

        WHEREAS, The Workforce Investment Act (WIA) of 1998 requires an Administrative Agreement between the
      Chief Elected Officials and the Workforce Investment Board for the allocation of Title I Workforce Investment Act
      funds, and for the designation of the One Stop Operator(s);

        WHEREAS, it is necessary for the County to enter into financial contracts with the Finger Lakes Workforce
      Investment Board Inc., as Grant Recipient for WIA Title I Administration, Adult and Dislocated Worker funds and
      for Youth funds:

          1.   WIA Title I Contract    July 1, 2009-June 30, 2010
               Administration, Adult and               $108,703
               Dislocated Worker

          2.   WIA Title 1Youth Contract    July 1, 2009-June 30, 2010
                                                                    $84,587

       WHEREAS, these budget amounts have been approved by the Finger Lakes Workforce Investment Board, Inc.

              NOW, THEREFORE, BE IT RESOLVED, that this County Legislature does hereby authorize the
      Chairperson or his designee, to sign said contracts on behalf of the County, and be it further

        RESOLVED, that certified copies of this resolution be sent to The Finger Lakes Workforce Investment Board Inc.,
      and the Yates County Workforce Development Director.
      VOTE: Unanimous
                                                 RESOLUTION NO. 217-09

      Mr. Paddock offered resolutions 217 and 218-09 and moved their adoption, seconded by Mrs. Flood.
                               PROCEEDINGS OF THE LEGISLATURE                                                        121



                           WORKFORCE DEVELOPMENT BUDGET TRANSFER

 BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

 FROM: CD6293.4D WIA Admin. Operating             $ 400.00
     (Equipment/Main./Repair)
 TO: CD6293.1D WIA Admin. Staff Wages             $ 400.00


 FROM: C6293.1C WIA Youth Staff Wage $2,800.00
 FROM: C6293.8C WIA Youth Staff Fringe $ 500.00
 TO: CD6293.11C WIA Youth Participant Wages $2,960.00
 TO: CD6293.81C WIA Youth Participant Fringe $ 340.00

AND be it further

        RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 218-09

                                       AMEND RESOLUTION 199-09
                                   (Workforce Development Budget Transfer)

 BE IT RESOLVED, that the Resolution Number 199-09 be corrected in the Yates County Workforce
Development account:

 Original Request:
 FROM: C6293.4C Youth Program Operating $ 3,000
    C6293.8C Youth Staff Fringe $ 2,000
    C6293.1C Youth Staff Wage $ 5,000
 TO: CD6293.81C Participant Wage and Fringe $10,000

 Should be:
 TO: CD6293.81C Participant Fringe $ 1,200
  CD6293.11C Participant Wage     $ 8,800

AND be it further

        RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 219-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.

                    AUTHORIZE 2009 YATES COUNTY YOUTH BUREAU CONTRACTS

  RESOLVED, that after review by the County Attorney, the Youth Bureau Director and the Chairman of the
Legislature are authorized to sign contracts with the following agencies for approved Youth Bureau funding for the
time frame 1/1/09-12/31/09:



Agency      Program       Amount        Funding
122                                   PROCEEDINGS OF THE LEGISLATURE


      Kinship     Kids Adventure Time      $900.00 YDDP
      Yates County Red Cross Youth Preparing for the Future $2,800.00 YDDP
      Child and Family Resources Together Time $3,700.00 YDDP
      ProAction     Youth Services $4,000.00 YDDP
      Big Brothers/Big Sisters Youth Program $1,100.00 YDPP
      The Haven Fellowship The Place 4 Youth $600.00 SDPP
      Child and Family Resources Young Parent Program $2,574.00 SDPP
      Dundee Area Youth Center Youth Programming $8,885.00 SDPP
      Safe Harbors     Youth Services $1,050.00 YDDP

      And be it further

       RESOLVED, that copies of this resolution be given to the Workforce Development Director and the County
      Treasurer.
      VOTE: Unanimous

                                                  RESOLUTION NO. 220-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                    RENEW RESIDENTIAL SERVICES CONTRACTS
                                         FROM JULY 1, 2009-JUNE 30, 2010

                RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of the Legislature
      and the Social Services Commissioner be authorized to sign contracts for residential services for eligible youth at the
      higher of the rates as shown below, or as adjusted by OCFS (New York State), and at the following institutions as
      listed below for the time frame July 1, 2009-June 30, 2010:

      Institution                                  Level of Care                        State Rate
      Cayuga Home For Children                     Institution                          $175.15
                                                   Group Home                           $238.34
                                                   Foster Board Home                    $ 65.92

      Children‟s Home Of Wyoming                   Institution                          $178.86 / $203.52
                                                   Reg/Emergency
                                                   Group Home                           $165.91 / $231.53
                                                   Foster Bed Home                      $32.14
                                                   Therapeutic Foster Bd Home           $41.55

      George Jr. Republic                          Institution                          $174.45
                                                   HTP(Sex Prep)                        $236.25
                                                   HTP Special                          $231.40

      Glove House                                  Group Home                           $175.61
                                                   Therapeutic                          $73.85
                                                   Tioga Group Home                     $199.97
                                                   Tompkins Group Home                  $215.11

      Hillside Children Center                     Institutional                        $187.00 / $132.62 / $458.52
                                                   Group Home/Emerg.                    $229.00 / $250.87
                                                   Foster Boarding Home                 $43.43
                                                   Therapeutic Foster Bd Home           $74.79

      Catholic charities of the Southern           SILP(Ind. Living Resid.)             $87.88
      Tier (Chemung)
                                PROCEEDINGS OF THE LEGISLATURE                                                        123


Kinship Family and Youth Services            Group Home                          $178.01
                                             Therapeutic Foster Bd Home          $26.91

New Life Homes-Snell Farms                   Institution                         $262.53 HTP

St. Joseph‟s Villa                           Institution                         $173.06
                                             Group Home                          $200.92
And be it further

         RESOLVED, that copies of this resolution be forwarded to the Yates County Department of Social
Services and the Yates County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 221-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.

AUTHORIZE CONTRACT WITH DR. RICHARD HOYT, PHD. FOR EXPERT EMPLOYABILITY AND
 DISABILITY EXAMINATIONS OF CERTAIN DEPARTMENT OF SOCIALSERVICES RECIPIENTS

         WHEREAS, Dr. Richard Hoyt, PHD is an expert in employability and disability examinations that will
assist the Department of Social Services in determining employability and other competencies that will lead to best
pursuing opportunities for eligible DSS services, and

         WHEREAS, the Department has grant funds to purchase these evaluation services, be it

         RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the DSS
Commissioner are authorized to sign a contract with Dr. Hoyt for these services at a rate of $85.00 for the period
June 1, 2009 through May 31, 2010, and be it further

       RESOLVED, that a copies of this resolution be forwarded to the Yates County Treasurer and the
Department of Social Services.
VOTE: Unanimous
                                        RESOLUTION NO. 222-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                        AMEND CONTRACT NAME
                              (Rape and Abuse Crisis Services of the Finger Lakes)

  WHEREAS, Rape and Abuse Crisis Services of the Finger Lakes has changed their name to Safe Harbors of the
Finger Lakes Inc. and

  WHEREAS, the Department of Social Services, the Youth Bureau and Community Services currently have
contracts with the Rape and Abuse Crisis Services, be it

  RESOLVED, that it is hereby agreed the name on said contracts is changed to Safe Harbors of the Finger Lakes
Inc. and all other terms of said contract remain the same, and be it

 RESOLVED, that a copy of this resolution be given to Safe Harbors of the Finger Lakes Inc., Social Services,
Community Services, the Youth Bureau, and the County Treasurer.
VOTE: Unanimous


                                           RESOLUTION NO. 223-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.
124                                  PROCEEDINGS OF THE LEGISLATURE



           SIGN AGREEMENT WITH ONTARIO COUNTY FOR INTERGRATED CANCER SCREENING
                                         PROGRAM

        RESOLVED, that the Chairman is hereby authorized to sign an Agreement with Ontario County for the Integrated
      Cancer Screening Grant Program in the amount of $28,247 for the period April 1, 2009 to March 31, 2010, and be it
      further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
      VOTE: Unanimous

                                                RESOLUTION NO. 224-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.

            AMEND AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH FOR
                             EMERGENCY PREPAREDNESS GRANT

        RESOLVED, that the Chairman is hereby authorized to sign an amendment to the Agreement with New York
      State Department of Health for the Emergency Preparedness Grant for the period August 10, 2008 to August 9, 2009
      for $63,672.

      And be it further

       RESOLVED, that a copy of this resolution be sent to the Yates County Treasurer and the Public Health office.
      VOTE: Unanimous
                                              RESOLUTION NO. 225-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.

            AUTHORIZE PAYMENT OF HEALTH CARE ASSESSMENT PER THE NEW YORK STATE
                          DEPARTMENT OF HEALTH FILING SCHEDULE

        WHEREAS, Chapter 58 of the Laws of 2009 requires designated providers to pay an assessment on cash operating
      receipts commencing April 1, 2009, and

              WHEREAS, the payment must be made according to the New York State Cash Receipts Assessment
      Program Filing Schedule to avoid additional interest and penalty charges as follows:

      Assessment Month                      Postmark Date                          Due Date
      April 2009                            30-May-2009                            1-June-2009
      May 2009                              13-June-2009                           15-June-2009
      June 2009                             13-July-2009                           15-July-2009
      July 2009                             13-Aug-2009                            17-Aug-2009
      August 2009                           13-Sept-2009                           15-Sept-2009
      September 2009                        13-Oct-2009                            15-Oct-2009
      October 2009                          13-Nov-2009                            16-Nov-2009
      November 2009                         13-Dec-2009                            15-Dec-2009
      December 2009                         13-Jan-2010                            15-Jan-2010
      January 2010                          13-Feb-2010                            15-Feb-2010
      February 2010                         13-Mar-2010                            15-Mar-2010
      March 2010                            13-April-2010                          15-April-2010

      Assessment Month                      Postmark Date                          Due Date
      April 2010                            13-May-2010                            17-May-2010
                                PROCEEDINGS OF THE LEGISLATURE                                                           125


May 2010                                13-June-2010                             15-June-2010
June 2010                               13-July-2010                             15-July-2010
July 2010                               13-Aug-2010                              16-Aug-2010
August 2010                             13-Sept-2010                             15-Sept-2010
September 2010                          13-Oct-2010                              15-Oct-2010
October 2010                            13-Nov-2010                              15-Nov-2010

November 2010                           13-Dec-2010                              15-Dec-2010

December 2010                           13-Jan-2011                              18-Jan-2011
January 2011                            13-Feb-2011                              15-Feb-2011
February 2011                           13-Mar-2011                              15-Mar-2011
March 2011                              13-April-2011                            15-April-2011

  WHEREAS, this schedule does not coincide with the county audit schedule, the Yates County Treasurer is
authorized to issue payment in accordance with the above table, and be it further

 RESOLVED, that a copy of this resolution be sent to the Yates County Treasurer and the Public Health office.
VOTE: Unanimous
                                        RESOLUTION NO. 226-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                                           2009 BUDGET TRANSFERS

   BE IT RESOLVED, that the following transfers be made in the 2009 Budget:

 $2,400 from A1990.4905 (Contingent Fund) to A1355.4571 (Real Property Tax-Computer Software)
 $650 from A1990.4905 (Contingent Fund) to A1430.1660 (Personnel-Insurance Buyout-Non Union);
 $13,025 from A1990.4905 (Contingent Fund) to A3020.4230 (Public Safety Communications Systems-
Maintenance Agreement: Microwave);
 $6,000 from A3021.4770 (E911 Dispatch Center-E911 Expenses) to A3021.2423 (E911 Dispatch Center-
Enhanced 911);
 $10,000 from A3150.4035 (Jail-Physician) to A3150.1991 (Jail-Jail Physician);
 $200 from A8020.1085 (Planning-Planner) to A8020.4207 (Planning-Yates County Planning Board)

and be it further

 RESOLVED, that a copy of this resolution be given to the Director of Real Property, Personnel Officer, Planner,
Sheriff, Budget Officer and County Treasurer.
VOTE: Unanimous
                                          RESOLUTION NO. 227-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.
Discussion: Mr. Fitch thanked the American Legion and the VFW for their donations. Mr. Fitch explained that
these organizations started donating about a year ago to help off set the gas cost line in the Veterans Affairs budget
to help with the transportation costs of veterans.



                       APPROPRIATE VETERANS SERVICE AGENCY DONATIONS

  WHEREAS, the Yates County Veterans Service Agency has received donations in the amount of $975 to purchase
gasoline to transport veterans to appointments and these funds are not part of the 2009 Budget;
126                                  PROCEEDINGS OF THE LEGISLATURE


       NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $975:

       Appropriation
       A6510.4653 (Veterans-Gasoline)

       Revenue
       A2705.0 (Gifts & Donations)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Veterans Services Director, Budget Officer, and County
      Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 228-09

      Mr. Fitch offered resolutions 228 and 229-09 and moved their adoption, seconded by Mr. Willson.

                                    APPROPRIATE PUBLIC HEALTH DONATIONS

       WHEREAS, the Yates County Public Health Office has received donations in the amount of $490 for the Child
      Safety Fair and these funds are not part of the 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $490:

       Appropriation
       A4010.4121 (Public Health-Child Safety Fair)

       Revenue
       A1689.0 (Donations-Public Health)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Director of Public Health, Budget Officer, and County
      Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 229-09

                                        APPROPRIATE W911 RESERVE FUNDS

       WHEREAS, the Yates County Sheriff needs to appropriate $15,000 of the W911 Reserve Funds;

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $15,000:

       Budgetary Account
       A511.101 (Appropriate Reserve-W911)

       Appropriation Account
       A3021.4771 (E911 Dispatch Center-W911)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Sheriff, Budget Officer and County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 230-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.
                               PROCEEDINGS OF THE LEGISLATURE                                                       127



                    AUTHORIZE CHAIRMAN TO SIGN OSDBA SUPPORT CONTRACT
                           FOR YATES COUNTY TREASURER‟S OFFICE

 WHEREAS, the Yates County Treasurer has a Support Agreement with MUNIS for the Operating System-
Database Administration and the agreement is for the period March 21, 2009 through March 20, 2010 at a cost of
$3,951.41;

  NOW, THEREFORE, BE IT RESOLVED that the Chairman of the Yates County Legislature be authorized to
sign this contract after the approval of the Yates County Attorney and be it further

 RESOLVED, liability insurance is hereby waived and be it further;

 RESOLVED, that a copy of this resolution be given to MUNIS and the Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 231-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Dennis.

  APPOINT MEMBERS TO ONTARIO-YATES FLINT CREEK SMALL WATERSHED PROTECTION
                                  DISTRICT

   BE IT RESOLVED, that Larry Christensen, 305 Lovejoy Road, Penn Yan, New York 14527 and William Dragon,
79 South Main Street, Rushville, New York 14544 are hereby appointed as Yates County representatives to the Flint
Creek Small Watershed Protection District Administrative Board for a two year term ending March 15, 2011, and be
it further

 RESOLVED, that a copy of this resolution be sent to the Ontario Board of Supervisors, Flint Creek Small
Watershed Protection District, the appointees, and the County Clerk.
VOTE: Unanimous
                                            RESOLUTION NO. 232-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Holgate.

           APPROPRIATE FUNDS FROM THE AIRPORT PAVEMENT MAINTENANCE FUND

  WHEREAS, Seneca Flight Operations had not contributed the $5,000/year to the Airport Paving Fund for the
years 2005 through 2009 amounting to a total of $25,000 and

 WHEREAS, Seneca Flight Operations paid Midland Asphalt Materials Inc. for crack filling performed in October
2007 in the amount of $24,462.03 instead of the Yates County Airport Pavement Maintenance Fund and

  WHEREAS, Seneca Flight Operations paid Yates County Pavement Maintenance Fund the amount of $537.97
(the difference of the revenues less the expenditures) on April 20, 2009;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $25,000:

 Appropriation
 CTP5610.42 (Airport Fund-Pavement Maintenance)

 Revenue
 CTP1772.R (Airport Fund-Other Revenues)

and be it further

 RESOLVED, that a copy of this resolution be given to the Airport Council, Budget Officer and County Treasurer.
128                                    PROCEEDINGS OF THE LEGISLATURE


      VOTE: Unanimous
                                                   RESOLUTION NO. 233-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.
      Discussion: Mr. Fitch stated that the legislature often gets criticized because of an increase in the Yates County
      Budget. This resolution will attach $1.8 million to the Yates County Budget as a pass through. This is for the two
      farms that you have read about in the paper that have been given money so that their development rights can no
      longer be used because they received money from the state. This increases our expenditures in Yates County by $1.8
      million but it has no affect on the local taxpayer‟s dollars. Mr. Fitch wanted to clarify that there is a lot of spending
      that goes on within the county but it is pass through money.
      Mrs. Flood explained that the land for these two farms stays forever agriculture.
      Mr. Dennis stated that New York State is ranked 7th in the Nation for farmland. Yates County is ranked in the top
      20% in the nation for viable farmland. This is a significant event. These are farmlands, they will always be
      farmlands. They will remain on the tax roll, they will be taxed on their agricultural value just as they are now.
      While this looks like a lot of money, it is not out of the property tax. The taxes will continue on these lands just as
      they always have.

                      APPROPRIATE DEPARTMENT OF AGRICULTURE AND MARKETS FUND
                                      FARMLAND PRESERVATION
                                  (CORNELL COOPERATIVE EXTENSION)

        WHEREAS, the Cornell Cooperative Extension (Yates County Office) has been notified Yates County has
      received $1,886,209 from the Department of Agriculture and Markets for Farmland Preservation;

       WHEREAS, these funds need to be in our 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $1,886,209:

       Appropriation
       A8710.4224 (YC Cooperative Extension-Farmland                            Preservation)

       Revenue
       A3989.0 (State Aid-Home & Community Services)

      and be it further

       RESOLVED, that a copy of this resolution be given to Peter Landre, Yates County Cooperative Extension
      Director, Budget Officer and County Treasurer.
      VOTE: Unanimous
                                                RESOLUTION NO. 234-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.
      DISCUSSION: Mr. Fitch stated that this is a Hunt Engineer project looking at the infrastructure within the Village
      of Penn Yan leading to our waterfront property on the Keuka Outlet Trail. The Village came to us a month ago and
      asked us to contribute toward a study for the infrastructure. This money does come out of the Yates County budget,
      comes out of the taxpayers money. We hope to get that money back when we sell the property. There again we are
      spending your tax dollars on what we think is economic development.

                              AMEND AND APPROPRIATE ADDITIONAL FUNDING FOR
                                         ENVIRONMENTAL PROJECT

        WHEREAS, Resolution No. 213-09 authorizes the payment of Hunt Associates in the amount of $26,900 for an
      engineering study to determine the infrastructure needs related to the re-development of the Penn Yan Marine
      property and

       WHEREAS, it is necessary to transfer funds to cover this expense;
                               PROCEEDINGS OF THE LEGISLATURE                                                129



 NOW, THEREFORE, BE IT RESOLVED, that $3,223.72 be transferred from H1364.4020 (Environmental Fund-
Engineering Services) to H1364.4011 (Environmental Fund-Consultants) and be it further;

 RESOLVED, that $11,100.98 be appropriated to the following accounts:

 Budget Account
 H599.E (Appropriated Fund Balance)

 Appropriation
 H1364.4011 (Environmental Fund-Consultants)

and be it further

 RESOLVED, it is necessary to appropriate additional funding for the Environmental Project;

 NOW, THEREFORE, BE IT RESOLVED that we increase the following accounts by $12,575.30:

 Budgetary Account
 A511.E (Appropriate-Environmental Reserve)

 Appropriation
 A9950.9103 (Transfer to Environmental Project Fund)

and be it further

 RESOLVED, that the following accounts be increased by $12,575.30 in the Environmental Project Fund:

 Appropriation
 H1364.4011 (Environmental Fund-Consultants)

 Revenue
 H5031.E (Interfund Transfer-Environment)

and be it further

 RESOLVED, that a copy of this resolution be given to the County Administrator and County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 235-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.




                           APPROPRIATE DONATIONS FOR YOUTH BUREAU

 WHEREAS, the Yates County Youth Bureau has received donations in the amount of $1,125 and these funds are
not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased:

 Appropriation
130                                 PROCEEDINGS OF THE LEGISLATURE


       A7310.4156 (Youth Programs-Training) $ 840
       A7310.4660 (Youth Programs-Travel Expenses) 225
       A7310.4480 (Youth Programs-Program Supplies) 60
                $1125

       Revenue
       A2704.0 (Donations-Youth Bureau)      $1125

      and be it further

        RESOLVED, that a copy of this resolution be given to the Workforce Dev/Youth Bureau Director, Budget Officer,
      and County Treasurer.
      VOTE: Unanimous
                                               RESOLUTION NO. 236-09

      Mr. Fitch offered resolutions 236 and 237-09 and moved their adoption, seconded by Mr. House.

                                            APPROPRIATE LETPP GRANT
                                                   (SHERIFF)

        WHEREAS, the Yates County Sheriff's Department received an LETPP Grant (T839382) in the amount of
      $14,500 and the Yates County Legislature accepted grant by Resolution Number 191-09 and these funds are not part
      of the 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased:

       Appropriation
       A3110.2950 (Sheriff-LETPP)     $6,000
       A3110.4945 (Sheriff-Grant: LETPP)    8,500
                     $14,500

       Revenue
       A4393 (Federal Aid-Grant: LETPP)            $14,500

      and be it further

       RESOLVED, that a copy of this resolution be given to the Sheriff, Budget Officer and County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 237-09

                      APPROPRIATE ALTERNATIVES TO INCARCERATION RESERVE FUNDS

       WHEREAS, the Yates County Probation Director needs to appropriate $700 of the Alternatives to Incarceration
      Reserve Funds;

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $700:

       Budgetary Account
       A511.700 (Appropriate Reserve-ATI)

       Appropriation Account
       A3140.4803 (Probation-Electronic Monitoring)

      and be it further
                               PROCEEDINGS OF THE LEGISLATURE                                                     131


 RESOLVED, that a copy of this resolution be given to the Probation Director, Budget Officer and County
Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 238-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

             ADOPT YATES COUNTY REAL PROPERTY TAX SERVICE FEE SCHEDULE

          WHEREAS, The Real Property Tax Services Office offers for purchase, shape files printed maps, scanned
or digital imagery, RPS data, reports and labels, and

         WHEREAS, The Real Property Tax Services Office has to provide a fee schedule for the various products
offered for purchase, and

          NOW, THERFORE BE IT RESOLVED, that the following fee schedule be adopted to supercede any and
all previous fee schedules adopted or amended

                                     Yates County Real Property Tax Service
                                      Fee schedule – Effective June 8, 2009

Check appropriate box

_____ Non Profit Organizations and Government Associated Agencies 50% of the fee       other than those covered
under the User Agreement
         (Shape Files with attached data)

_____ Yates County Shape files with attached data              $ 1000.00
_____ Town or Village Shape files with attached data      $ 100.00/municipality

_____ RPS V4 database file for the entire County       $ 500.00

_____ RPS V4 database file for Towns or Villages        $ 75.00 /municipality

_____   Entire County PDF maps            $ 600.00

_____   Town or Village PDF maps            $ 60.00

_____ Paper tax map copies produced from the digital tax map file
       on the plotter at standard scale of 1” = 50‟, 100‟,200‟ or 400‟
       (Black & White):
           36” x 42” $10.00ea
                                                               24” x 36” $ 8.00ea
                                                               17” x 22” $ 7.00ea
                                                               11” x 17” $ 5.00ea

_____ Paper tax map copies produced from the digital ortho files
       (Color):
                                                              36” x 42” $25.00ea
                                                              24” x 36” $18.00ea
                                                              17” x 22” $15.00ea
                                                              11” x 17” $12.50ea
                                                              8 ½”x 14” $ 8.00ea
                                                              8 ½”x 11” $ 5.00ea

_____ Paper tax map copies produced from the digital ortho files
132                                   PROCEEDINGS OF THE LEGISLATURE


               (Black & White):
               `        36” x 42” $15.00ea
                                                                     24” x 36” $10.00ea
                                                                     17” x 22” $ 8.50ea
                                                                     11” x 17” $ 7.00ea
                                                                     8 ½”x 14” $ 5.00ea
                                                                     8 ½”x 11” $ 2.00ea

      _____ Paper tax maps printed from computers:
                                                                     8 ½” x 11” $ 1.00ea
                                                                     8 ¼” x 14” $ 2.00ea
                                                                     11” x 17” $ 3.00ea

      _____ Surveys or special request on large format Xerox (Black & White):

                                                                     11” x 17”   $ 3.00 ea.
                                                                     17” x 22”   $ 5.00 ea.
                                                                     24” x 36”   $ 7.00 ea.
                                                                     36” x 42”   $ 10.00 ea.

      _____ Paper tax map copy produced from digital ortho files (Color): 22 x22 $ 10.00 ea.

      _____ PDF map –e-mailed:                 $ 2.50 ea.

      _____ PDF survey maps –e-mailed:              $ 5.00 ea.

      _____ Custom scanning of existing survey map/file format conversion:           $ 20.00 ea.


      _____ Special digital tax map file requests will be handled at the
             Tax Map Technician‟s convenience at Time & Material of:          $30 /hour

      _____ Specific data file reports on disk, per Director‟s Set up fee: $ 25.00
             approval of categories available       Plus per parcel: $ .03


      _____ Labels           Set up fee: $ 25.00
                                                Plus per parcel: $ .03
      Revised June 8, 2009
      **These fees do not apply to automatically renewing agreements for data under
      prior resolutions

              RESOLVED, that a copy of this resolution be given to the Director of Real Property Tax Services and the
      Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 239-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.



                               AUTHORIZE ADMINISTRATOR TO SIGN AGREEMENT

        RESOLVED, that the County Administrator is hereby authorized to sign an employment agreement, and be it
      further
                               PROCEEDINGS OF THE LEGISLATURE                                                     133


 RESOLVED, that a copy of this resolution be given to the County Administrator.
VOTE: Unanimous
                                             RESOLUTION NO. 240-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Dennis.

AUTHORIZE THE CHAIRMAN OF THE LEGISLATUE TO SEEK PROPOSALS FOR THE PENN YAN
                          – YATES COUNTY AIRPORT

 WHEREAS, there is a need for improvements at the Penn Yan – Yates County Airport and,

  WHEREAS, Yates County will need to have an Airport Engineering Consultant to oversee and plan the
improvements,

 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to seek Requests for
Professional Qualification Statement (RFQ) for said work, and be it further

 RESOLVED, that a copy of this resolution be provided to the County Treasurer, and the Airport Council.
VOTE: Unanimous
                                        RESOLUTION NO. 241-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Willson.
DISCUSSION: Mr. Fitch stated Yates County has had a long time practice of developing a 5 year capital
improvement plan. This is done for any purchase of $25,000 or more. The legislature spends time during each
committee meeting going over the capital plans for that committee and then the plan is brought to the Finance
Committee for approval. This is done early in the year so that it is available for budget season. As the budget
season approaches sometimes we have to cut back on the capital improvement program to help balance the budget.
Last year the Highway Superintendent, Dave Hartman delayed the purchase of some equipment.

                              APPROVE THE CAPITAL IMPROVEMENT PLAN FOR
                                         FISCAL YEAR 2010-2014

         WHEREAS, the Yates County Legislature initiated a Capital Improvement Planning Program in December
1999 in order to more effectively identify, prioritize, plan for and finance capital projects and equipment
expenditures,

         NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature herby approves the proposed
Fiscal Year 2010 – 2014 Capital Improvement Plan, and be it further

        RESOLVED, that copies of this resolution be given to the County Administrator, the Planner and the
Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 242-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.




     ACCEPT WILSON AND GILLETTE FPIG GRANT AND AUTHORIZE CHAIRMAN TO SIGN
                  DOCUMENTS TO PROCESS AND DISTRIBUTE FUNDS

         WHEREAS, the New York State Department of Agriculture and Markets (NYSDAM) offers a program
known as the Farmland Protection Implementation Grants (FPIG) Program intended to preserve important farm
lands throughout New York State; and
134                                   PROCEEDINGS OF THE LEGISLATURE


                WHEREAS, through the FPIG program, NYSDAM reviews applications prepared by farmers and
      submitted on their behalf by counties and awards funds to the most effective proposals for counties to pass through
      to the farms to be preserved; and

               WHEREAS, the Agriculture and Farmland Protection Board submitted an application on behalf of Wilson
      Farms, owned by Eugene Wilson in the Towns of Torrey and Gillette Farms, owned by Curtis Gillette in the Town
      of Jerusalem; and

             WHEREAS, the Wilson Farms has qualified for $862,650 and Gillette Farms has qualified for $1,023,559
      in NYSDAM funds to purchase the development rights on approximately 160 and 233 acres respectively;

              WHEREAS, the FPIG program provides for a 75% cost-share for the total project cost and the remaining
      25% to be funded by the landowner; therefore, be it

               RESOLVED, that the Yates County Legislature hereby authorizes the Chairman of the Yates County
      Legislature to sign such documents as may be needed to accept these funds and process the receipt and distribution
      of the funds; and be it further

              RESOLVED, that the Yates County Treasurer establish such accounts and make such journal entries as
      may be needed to receive and expend these funds; and be it further

               RESOLVED, that Peter Landre of Yates County Cornell Cooperative Extension shall serve as fiscal and
      project manager on behalf of Yates County; and be it further

              RESOLVED, that copies of the resolution be distributed to Chairman of the Yates County Agriculture and
      Farmland Protection Board, Cornell Cooperative Extension, Treasurer and Eugene Wilson and Curtis Gillette.
      VOTE: Unanimous
                                               RESOLUTION NO. 243-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mrs. Flood.

                                                    AMEND CONTRACT
                                                       (ExtraDev)

        RESOLVED, that the contract with ExtraDev ExtraNet Solutions, Inc. of Rochester for computer technical
      assistance and other services is hereby amended to cover the time period through December 31, 2009 at an
      additional cost not to exceed $77,625 and be it further

       RESOLVED, that a copy of this resolution be given to ExtraDev and to the County Administrator.
      VOTE: Unanimous
                                              RESOLUTION NO. 244-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.




                                  GRANT UNPAID LEAVE OF ABSENCE EXTENSION
                                                  (Bonshak)

       RESOLVED, that Shawna Bonshak, Planner is hereby granted an unpaid leave of absence extension from July 1,
      2009 through July 6, 2009, and be it further

       RESOLVED, that a copy of this resolution be given to Ms. Bonshak, the County Administrator, the Personnel
      Officer and the Treasurer.
                               PROCEEDINGS OF THE LEGISLATURE                                                        135


VOTE: Unanimous
                                           RESOLUTION NO. 245-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

   ABOLISH MOTOR EQUIPMENT OPERATOR (L) POSITION AND CREATE HEAVY EQUPMENT
                            OPERATOR (HIGHWAY)

 WHEREAS, the Personnel Officer has reclassified one Highway Department employee position from Motor
Equipment Operator (L) to Heavy Equipment Operator.

  NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Highway Superintendent, that
effective June 9, 2009, the relevant position of Motor Equipment Operator (L) in the Highway Department be
abolished and the position of Heavy Equipment Operator be created and be it further

 RESOLVED, that a copy of this resolution be given to the Budget Officer, the Highway Superintendent, the
Treasurer, the Personnel Officer and the CSEA Local President.
VOTE: Unanimous
                                           RESOLUTION NO. 246-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Banach.

                                     ESTABLISH RATE OF PAY (Bishop)

 WHEREAS, the employment procedures contained in the Yates County Administrative Guide and the CSEA
Contract state that a person may be hired above the beginning pay rate with Legislative approval, and

  WHEREAS, it has been established that Charles Bishop, Heavy Equipment Operator has substantial work
experience,

  NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Superintendent, that
Charles Bishop be hired at the Step 2 rate, Group C of the CSEA Contract ($17.11) effective June 9, 2009 and be it
further

         RESOLVED, that a copy of this resolution be given to the Budget Officer, the Highway Superintendent,
the Treasurer, the Personnel Officer, the CSEA Local President, and Mr. Bishop.
VOTE: Unanimous
                                            RESOLUTION NO. 247-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                      DECLARE SURPLUS PROPERTY

         NOW, THEREFORE, BE IT RESOLVED, that the Brother Intelefax 2800 inventoried to the Yates County
Highway Department is hereby declared surplus property and the Highway Superintendent is authorized to dispose
of said machine, and


         RESOLVED, that a copy of this resolution be provided the Highway Superintendent and the Treasurer.
VOTE: Unanimous
                                            RESOLUTION NO. 248-09
Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.
     AUTHORIZE CHAIRMAN TO EXECUTE FEDERAL GRANT AGREEMENT AND RELATED
                                                 DOCUMENTS
136                                  PROCEEDINGS OF THE LEGISLATURE


       PROJECT: PERFORM MAJOR CRACK REPAIR, MARK AND GROOVE RUNWAY 1/19; PERFORM
          ON-AIRPORT OBSTRUCTION REMOVAL FOR THE RUNWAY ENDS 1,10 AND 28 APPROACH
                                                         SURFACES
            WHEREAS, the Federal Aviation Administration (FAA) is offering Yates County a grant for federal financial
      assistance to perform major crack repair, mark and groove runway 1/19; perform on-airport obstruction removal for
      the runway ends 1,10 and 28 approach surfaces at the Penn Yan-Yates County Airport, and
            WHEREAS, the total project cost is $252,388, with a Yates County 2.5% share of $6,310.
               NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
      execute the FAA grant agreement and any other necessary documents in connection with the advancement or
      approval of the aforementioned project at Penn Yan-Yates County Airport, and be it further
        RESOLVED, that copies of this resolution be given to the Yates County Treasurer and Passero Associates.
      VOTE: Unanimous
                                             RESOLTUION NO. 249-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                  AUTHORIZE CHAIRMAN TO EXECUTE CONSULTANT AGREEMENT
                                WITH PASSERO ASSOCIATES
                                   (Obstruction removal)

        WHEREAS, Yates County wishes to retain a consultant to provide construction administration and inspection
      services to remove Runway 1-19 and 10-28 obstructions at Penn Yan-Yates County Airport;

       WHEREAS, Passero Associates has agreed to provide construction administration and inspection services as
      outlined in a cost plus fixed fee consultant agreement in the amount of $30,300.

               NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon execution of the
      federal grant agreement providing funding for the aforementioned project at Penn Yan – Yates County Airport, is
      authorized to execute the aforementioned consultant agreement with Passero Associates, and be it further

       RESOLVED, that copies of this resolution be given to the Yates County Treasurer and Passero Associates.
      VOTE: Unanimous




                                            RESOLUTION NO. 250-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                  AUTHORIZE CHAIRMAN TO EXECUTE CONSULTANT AGREEMENT
                                WITH PASSERO ASSOCIATES
                              (Pavement crack sealing and grooving)

        WHEREAS, Yates County wishes to retain a consultant to provide construction administration and inspection
      services for Runway 1-19 pavement crack sealing and grooving at Penn Yan-Yates County Airport;

       WHEREAS, Passero Associates has agreed to provide construction administration and inspection services as
      outlined in a cost plus fixed fee consultant agreement in the amount of $42,100.
                               PROCEEDINGS OF THE LEGISLATURE                                                     137


         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon execution of the
federal grant agreement providing funding for the aforementioned project at Penn Yan – Yates County Airport, is
authorized to execute the aforementioned consultant agreement with Passero Associates, and be it further

 RESOLVED, that copies of this resolution be given to the Yates County Treasurer and Passero Associates.
VOTE: Unanimous
                                         RESOLUTION NO. 251-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                          AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT
                               WITH EASTWOOD INDUSTRIES, INC.

        WHEREAS, bids were received for on-airport obstruction removal at Penn Yan-Yates County Airport;

        WHEREAS, the bids were reviewed for correctness and completeness; and

        WHEREAS, the low bid was submitted by Eastwood Industries, Inc. in the amount of $67,288.

         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon execution of the
federal grant agreement providing funding for the aforementioned project at Penn Yan-Yates County Airport, is
authorized to execute an agreement with Eastwood Industries, Inc. in the amount of $67,288; and be it further

       RESOLVED, that copies of this resolution be given to the Yates County Treasurer and Passero Associates.
VOTE: Unanimous
                                       RESOLUTION NO. 252-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                          AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT
                               WITH BABCOCK ENTERPRISES, LTD.

        WHEREAS, bids were received for Runway 1/19 pavement crack sealing and grooving at Penn Yan-Yates
County Airport;

        WHEREAS, the bids were reviewed for correctness and completeness; and




        WHEREAS, the low bid was submitted by Babcock Enterprises, Ltd. in the amount of $107,700.

         NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon execution of the
federal grant agreement providing funding for the aforementioned project at Penn Yan-Yates County Airport, is
authorized to execute an agreement with Babcock Enterprises, Ltd in the amount of $107,700; and be it further

       RESOLVED, that copies of this resolution be given to the Yates County Treasurer and Passero Associates.
VOTE: Unanimous
                                       RESOLUTION NO. 253-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                             AUTHORIZE TREASURER TO MAKE PAYMENT
138                                    PROCEEDINGS OF THE LEGISLATURE


       RESOLVED, that the Yates County Treasurer is hereby authorized to make a payment in the amount of $5,600,
      which funds are in the adopted 2009 County budget, to the Dundee Area Youth Center, Inc. and be it further

       RESOLVED, that a copy of this resolution be given to the Treasurer.
      VOTE: Unanimous with Mrs. Taylor abstaining.

      Chairman Multer turned the meeting over to Jack Wilbert who spoke on hydro-fracturing. Mr. Wilbert explained
      the individuals present today are a group of concerned citizens from a larger group of Progressives that wish to
      express a concern for maintaining a healthy community environment. Mr. Wilbert explained gas drilling in the
      Marcellus shale area of the Finger Lakes watershed using hydraulic fracturing methods would potentially use highly
      toxic chemicals in the drilling process and expend millions of gallons of pure water at each drilled well. (18,000 are
      planned) The process would create thousands of gallons of toxic sludge that must be disposed of responsibly as
      hazardous waste. Our main concern is that we seem to be putting at risk a huge watershed resource that would
      provide clean water for thousands of years for a short term gain of two years worth of natural gas. Mr. Wilbert
      explained there is the potential for impact on the county roads and land and real estate values. There could be a drop
      in prospective real estate sales, the wineries, tourism/fishing, swimming, boating and drinking water could be
      affected.

      Peter Gamba, Greg Marion, and Steve Coffman also spoke on the dangers of gas drilling in the Marcellus shale.

      The group suggested the following:
           A proposal by the Yates County Legislature that the DEC provide a fair public assessment of the new
              supplement and a 60 to 90 day public response period to the dsGEIS prior to actual drilling.
           A proposal by the Yates County Legislature to the DEC that green or nontoxic chemicals be used in the
              hydrofracting process.
           A proposal by the Yates County Legislature to initiate a letter to our U.S. Senators and U.S. Congressmen
              for a return to the original regulations of the Clean Water Act of 1972.

      Mr. Coffman stated that there will be two meetings coming up with Dr. Palmer. The first will be in the County
      Auditorium on June 20, 2009 and the second will be July 1, 2009 at 7:00 p.m. in the County Auditorium.

      Sarah explained that this is a huge issue in western New York and all through out the southern tier. The potential for
      drilling in Marcellus shale has been discussed every month at the Western InterCounty Association meetings. That is
      a group of approximately 20 counties from the western part of the state, through the Finger Lakes, and down into the
      southern tier. The New York State Association of Counties has taken this issue very seriously. At the annual
      winter conference of the Association of Counties this was




      one of the topics for one of the sessions that was running. At the June Association board meeting Sarah requested
      that a follow up session be held this fall on the Marcellus shale. It is a subject that is being watched very closely by
      a lot of people.

      Sarah offered to work with the Progressive group, if the Legislature so chose, on this issue.

      Chairman Multer thanked the group for coming and felt that it was appropriate for Sarah to work with the group.

      Mr. Nielsen moved to enter into executive session to discuss legal issues, seconded by Mr. J. Multer.

      Meeting adjourned at 2:15 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                           139



                               REGULAR SESSION – MONDAY, JULY 13, 2009

The Yates County Legislature convened in regular session, Monday, July 13, 2009 in the Legislative Chambers at
1:00 p.m., Chairman Robert Multer presiding, Legislator‟s Webster and Flood were absent.

Minutes of the June 8th meeting were approved as presented.

Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund                              $     15,270.41
Finance                                       $ 39,580.32
Government Operations                         $ 94,688.59
Human Services                                $413,903.36
Prior To Audit                                $310,805.08
Public Safety                                 $244,092.23
Public Works                                  $478,078.47

COMMITTEE REPORTS
Mrs. Alexander reported that the Sheriff was elected to the National Sheriff Association this is a national
organization. Mrs. Alexander explained that while attending this conference none of the taxpayer‟s dollars were
used, it was paid for by the association.
Mr. Fitch reported that Yates County continues to get even better in obtaining grant funds. These grant funds allow
our departments to better serve the Yates County Citizens. We also follow a capital plan which is done off budget
cycle and is a 5 year planning document. Mr. Fitch went on to say a county legislature is responsible for the Health,
Safety and Welfare of its citizens. Providing these services has been this way from the beginning. Yates County
was incorporated in 1823 and began providing services. To responsibly do this, each county has a Sheriff ( to protect
the population), a Jail to incarcerate law breakers, a judge to sentence law breakers, a County Clerk to keep property
records, a Highway department and a Public Health/Welfare Department. Yates County, as all counties have, has
always looked after its indigent. For example the Esperanza was once Yates County‟s poor house.

So, practically speaking every county in NYS is in a similar boat. But all these boats have a mother ship, New York
State. NYS by its use of mandates directs every single department of a county by either funding or regulation, but
usually both. For example, our jail is mandated right down to the number of officers by duty station for each 24hr
shift and even the preparation of food and the menu. NYS also mandates the rules and regulations for social
services and Medicaid. In fact, the social services system is run on a NYS interconnected computer system.

Now, it would seem to me that if all counties faced the same basic mandates and cots to provide services, that
counties with a higher population would be able to spread the costs over a larger number of people and therefore
have a smaller expenditure cost per person. This does not seem to be the case. In fact many smaller counties with a
smaller population and the same basic costs of services actually have a lower expenditure per person. Yates County
ranks extremely well in this cost analysis. As the most recent report shows, Yates County ranked 43rd out of 50 as
having the lowest cost per person or at the bottom of the scale. In fact, this report even ranks Yates County at a
lower cost per person for services than any of our neighboring counties.

Chairman Multer reported there will be a Legislative Workshop after the Legislative meeting for a presentation on
municipal insurance.

Sheriff Ron Spike recognized Marine Patrol Officer‟s Joe Prunoske and Patrick Newby and EMT Michael T Healy
for their life saving event and extrication from the Keuka Lake waters of an individual who was seriously injured in
a boating accident. An additional thank you was given to Bill Sickles, Nancy Oppel and Joe Pansik the other first
responders and aides to the rescuers that day, and to the many hands on the shore, including the individual‟s mother
who al contributed to the saving of this individual‟s life.
140                                   PROCEEDINGS OF THE LEGISLATURE


      Jack Clancy, Commander of the American Legion, Don Chambers, Alan Snyder, Tom Pengally, and Earle Gleason
      presented 7th District America Legion Law Enforcement Officer of the Year award to Brian Winslow.

                                                  RESOLUTION NO. 254-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Dennis.

                                           RECOGNIZE LIFE SAVING ACTIONS

                WHEREAS, Sheriff Spike reports that on June 28, 2009 Yates County 911 received a call of a man who
      had been knee boarding towed behind a boat and had been struck by the boat engines propeller and seriously injured
      in Keuka Lake near the State Park. Sheriff‟s Marine Patrol Officers Joe Prunoske and Patrick Newby were
      dispatched and arrived in two minutes finding a man bleeding and seriously injured in the water with his mother
      trying to keep him afloat. His PFD had been shredded by the propeller and he was still connected to the board.
      Without hesitation MPO Patrick Newby entered the over 100 feet water swimming to aid the victim and placed
      PFD‟s under the victim for floatation. Newby also attended to the serious bleeding lacerations the man had. The
      MPO‟s professionally rendered first aid, comfort, compassion to witnesses, and assisted in the rescue of the victim,
      his care, and survival. Prunoske left Newby in the water and took the patrol boat to the launching site and picked up
      Penn Yan Ambulance Corps EMT Michael T. Healy, ALS medic 55 member Bill Sickles, and Branchport-Keuka
      Park FD first responders Nancy Oppel and Joe Pansik along with their equipment and backboard and Prunoske sped
      back to the lake scene where without hesitation EMT Healy entered the bloody water and assisted Newby in first
      aid, victim stabilization and back boarding with everyone‟s helping hands extricating the victim from the water onto
      the county patrol boat where emergency care continued, and Prunoske sped the victim back to the shore where he
      was transported to the firehouse and airlifted by Mercy Flight helicopter to Upstate Medical Center. The 28 year old
      Campbell, NY man Casey Cornaire has been an intensive care unit for several days and has underwent multiple
      surgeries for multiple lacerations and internal injuries going from critical to after twelve days being released to go
      back home, now

              THEREFORE, BE IT RESOLVED, that this Legislature supports the Sheriff‟s three “Star” awards and
      recognizes the efforts and actions of Sheriff‟s MPO Joe Prunoske, and MPO Patrick Newby, and those of EMT
      Michael T. Healy in this life saving event and extrication from the Keuka Lake waters, and

                RESOLVED, that additional thanks goes to the efforts of Bill Sickles, Nancy Oppel, and Joe Pansik the
      other first responders and aides to the rescuers that day, and to the many hands on the shore, including the man‟s
      mother who all contributed to the saving of his life that day, and

               RESOLVED, that a copy be provided Sheriff Spike, MPO Prunoske, MPO Newby, EMT Michael T. Healy,
      the Soldiers and Sailors ALS unit director, the President of PY Vol. Ambulance Corps, the Chief of the Branchport-
      Keuka Park Fire Dept, Fire Coordinator and EMS Coordinator.
      VOTE: Unanimous
                                                   RESOLUTION NO. 255-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.
      Mrs. Alexander made the following comment: A local Court in receipt of a not-guilty plea on a traffic infraction
      was required to set a trial date and notify the person. The state has now changed this and now a conference must be
      held before a trial date can be set and the District Attorney must be present. Mrs. Alexander feels this is another
      mandate on the District Attorney and takes up more time and presents additional costs to the taxpayers.

      RESOLUTION OPPOSING THE AMENDMENT TO SECTION 1806 OF THE VEHICLE AND TRAFFIC
                                        LAW

               WHEREAS, Section 1806 of the Vehicle and Traffic Law previously required that a local Court in receipt
      of a not-guilty plea on a traffic infraction was required to set a trial date and notify the person by mail of the trial
      date; and
                               PROCEEDINGS OF THE LEGISLATURE                                                          141


        WHEREAS, the New York State Legislature amended the Vehicle and Traffic Law Section 1806 to require
that every person who pleads ”not guilty” on a traffic offense be required to appear personally in Court for an
appearance date before a trial date may be set; and

         WHEREAS, the result of this change is that all citizens who wish to have a trial will have to make at least
one and sometimes two additional appearances personally in Court before a trial date set may be set; and

          WHEREAS, traffic tickets issued by the Yates County Sheriff‟s Office and the Penn Yan Police
Department in Yates County, the appearance is superfluous in that nothing will occur at the appearance except a
trial date will be set requiring another appearance in Court; and

         WHEREAS, this amendment will be an onerous burden on all citizens who wish to have a trial on a traffic
infraction and on the local courts who must now have appearances on numerous dates for each not-guilty plea, and
on the Yates County District Attorney‟s office who must appear at each conference on each and every “not-guilty”
plea on a traffic infraction;

         NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature would like to go on record as
opposing said amendment to the Vehicle and Traffic Law Section 1806, and ask that the New York State Legislature
revisit said amendment and consider the additional burden that they have put on its citizens, and be it

       RESOLVED, that copies of this resolution be sent to the New York Senator George Winner, Assemblyman
Jim Bacalles.
VOTE: Unanimous
                                        RESOLUTION NO. 256-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mrs. Taylor.

                                  COMMEND DIRECTOR OF PROBATION
                                          (Kristine LaRock)

          WHEREAS, the Kristine LaRock has served 16 ½ years as the Director of Probation, while working with
all the courts and law enforcement officials in Yates County, and

      WHEREAS, Kristine LaRock has shown the utmost efficiency, and dedication to the Yates County
Community in handling issues and concerns from the public, the courts, law enforcement agencies, and justices, be
it

        RESOLVED, that Kristine LaRock is commended for her outstanding years of service to the citizens of
Yates County.
VOTE: Unanimous
                                      RESOLUTION NO. 257-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mrs. Taylor.

    AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN CONTRACT WITH DIVISION OF
PROBATION AND CORRECTIONAL SERVICES REGARDING REIMBURSEMENT FOR ENHANCED
                   SUPERVISION OF CERTAIN SEX OFFENDERS

  WHEREAS, the New York State Division of Probation and Correctional Alternatives has requested counties to
sign a letter outlining the requirements for specialized reimbursement in exchange for enhanced probation
supervision of certain sex offenders,
142                                  PROCEEDINGS OF THE LEGISLATURE


        NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign the
      aforementioned letter of approval so that the Yates County Probation Department can continue with this initiative,
      and be it further

       RESOLVED, that a copy of this resolution be sent to the Probation Director.
      VOTE: Unanimous
                                              RESOLUTION NO. 258-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mrs. Taylor.

          AUTHORIZE PROBATION DIRECTOR TO SIGN SOFTWARE MAINTENANCE AGREEMENT
                                        RENEWAL

       WHEREAS, the Yates County Probation Department operates the computer software program owned by
      AutoMon Corporation and requires an annual agreement for software maintenance,

               NOW, THEREFORE BE IT RESOLVED, that upon the approval of the County Attorney, the Probation
      Director is authorized to sign the Software Maintenance Agreement renewal for one year beginning July 1, 2009 at a
      cost of $4,262.00, and be it further

       RESOLVED, that a copy of this resolution be sent to the Probation Director.
      VOTE: Unanimous

                                                RESOLUTION NO. 259-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mrs. Taylor.

                                     AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                                        (BUSH)
        RESOLVED, that the Chairman is hereby authorized to sign the amended agreement contract with Melanie Bush
      to continue serving as NIMS Compliance Resource person in the Yates County Office of Emergency Management
      at a rate of $10.88 per hour and be it further

       RESOLVED, that the liability insurance requirement is waived, and further

       RESOLVED, that a copy of this resolution be given to the Director, Office of Emergency Management and the
      County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 260-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Dennis.

              AUTHORIZE THE DISTRICT ATTORNEY TO SUBMIT AND THE CHAIRMAN OF THE
                 LEGISLATURE TO SIGN THE AID TO PROSECUTION GRANT CONTRACT

        WHEREAS, the Department of Criminal Justice has forwarded a proposed Aid to Prosecution Program Award
      Contract application (DCJS#AP09099062) in the amount of $35,300.00 for the time period 4/1/09-3/31/10 by
      posting on the District Attorney DCJS Grant Management site which requires the District Attorney to electronically
      submit the proposal and the Chairman of the Legislature to electronically sign the contract upon award;

       NOW, THEREFORE, BE IT RESOLVED, that the District Attorney is authorized to submit the proposed grant
      award contract application, and it is further resolved that

             The Chairman of the Legislature is authorized to sign the Aid to Prosecution Grant Award Contract, DCJS,
      #AP09099062 upon approval, and be it further
                                PROCEEDINGS OF THE LEGISLATURE                                                           143


           Resolved that the District Attorney, the Treasurer, and the County Administrator be provided with a copy
of this resolution.
VOTE: Unanimous
                                             RESOLUTION NO. 261-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Dennis.

                RENEW INTER-MUNICIPAL AGREEMENT WITH PENN YAN CENTRAL
                     SCHOOL FOR TRANSPORTATION OF PRESCHOOLERS

 RESOLVED, that the Chairman is hereby authorized to sign an Inter-Municipal agreement with the Penn Yan
Central School District for transportation of children receiving services through the Early Intervention and Preschool
Programs beginning September 1, 2009, and be it further

  RESOLVED, that this agreement may be renewed annually unless one or both parties gives 30 days written notice
of the intent to withdraw from the Agreement, and be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office, the County Treasurer and the Penn
Yan Central School District Superintendent.
VOTE: Unanimous
                                          RESOLUTION NO. 262-09

Mr. Paddock offered resolutions 262 thru 264-09 and moved their adoption, seconded by Mr. Holgate.

                    AUTHORIZE CHAIRMAN SIGN LEAD POISONING PREVENTION
                              PROGRAM RENEWAL AGREEMENT

 RESOLVED, that the Chairman is hereby authorized to sign a renewal contract for $23,732 grant from the New
York State Department of Health for the provision of a Lead Poisoning Prevention Program in Yates County Public
Health Nursing Service for the period April 1, 2009 through March 31, 2010, and be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health Office and the County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 263-09

               AUTHORIZE CHAIRMAN SIGN PROFESSIONAL SERVICES AGREEMENT
                              WITH ELEANOR DEWITT, MD

          RESOLVED, that the Chairman is hereby authorized to sign a renewal agreement with Dr. Eleanor DeWitt
to serve as Medical Director for Yates County Public Health for the period of July 1, 2009 through June 30, 2014, at
a rate of $166.67 per month, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health Office and the County Treasurer.
VOTE: Unanimous
                                       RESOLUTION NO. 264-09

 AUTHORIZE CHAIRMAN SIGN AN AFFILIATION AGREEMENT WITH THE STATE UNIVERSITY
                            OF NEW YORK AT DELHI

         RESOLVED, that the Chairman is hereby authorized to sign an Affiliation Agreement with the State
University of New York at Delhi to enable a nursing student to complete a clinical component in community
nursing, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health Office.
VOTE: Unanimous
                                       RESOLUTION NO. 265-09
144                                  PROCEEDINGS OF THE LEGISLATURE



      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                       APPOINTMENT TO THE FINGER LAKES
                                        WORKFORCE INVESTMENT BOARD

        WHEREAS, this Legislature, by Resolution #334-99, has authorized the creation of the Finger Lakes Workforce
      Investment Board for the Counties of Yates, Ontario, Seneca, and Wayne in compliance with the Workforce
      Investment Act (WIA) of 1998; and
        WHEREAS, the Workforce Investment Board members must be appointed by the respective Legislative Boards;
      and

       WHEREAS, the Executive Director has solicited nominations in accordance with the Law;

        WHEREAS, the Finger Lakes Workforce Investment Board By-Laws state voting members shall be appointed for
      terms of three (3) years, and that terms shall be staggered,

        NOW, THEREFORE, BE IT RESOLVED, that this Legislature does hereby re-appoint the following
      representatives to the Finger Lakes Workforce Investment Board to fill a three year tem from July 1, 2009 through
      June 30, 2012.

      John Socha       Dr. Joseph Marinelli
      Showboat Motel        Wayne-Finger Lakes BOCES
      3434 Plum Point Road      Eisenhower Building
      Himrod, NY 14842        131 Drumlin Court
                                   Newark, NY 14513
      William Castiglione
      Ontario ARC/Abbey Industries Marty Teller
      3071 County Complex Drive FLACRA
      Canandaigua NY 14424       28 East Main Street
                                   Clifton Springs, NY 14432

      and be it further

              RESOLVED, that certified copies of this resolution be sent to Wayne, Ontario, and Seneca Counties, the
      Yates County Workforce Development, the Finger Lakes Workforce Investment Board and to the aforementioned
      appointee
      VOTE: Unanimous
                                             RESOLUTION NO. 266-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

               AUTHORIZE CONTRACT WITH SAFE HARBORS OF THE FINGER LAKES INC. FOR
                                   EDUCATIONAL SERVICES

        RESOLVED, that after review by the County Attorney, the Chairman of the Legislature and the Director of
      Workforce Development be authorized to sign a contract with Safe Harbors of the Finger Lakes, Inc for educational
      programming for the period 7/1/09-9/30/09, and be it further

       RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department of
      Workforce Development.
      VOTE: Unanimous
                                               RESOLUTION NO. 267-09

      Mr. Paddock offered resolutions 267 thru 269-09 and moved their adoption, seconded by Mr. Dennis.
                               PROCEEDINGS OF THE LEGISLATURE                                                  145


                            ADOPT WORKFORCE DEVELOPMENT BUDGET

 WHEREAS, the four County Workforce Development Departments have been designated as One Stop Satellite
Centers by the Finger Lakes Workforce Investment Board; and

 WHEREAS, through these Counties, core, intensive and training services will be provided for the universal
population; and

  WHEREAS, The Finger Lakes Workforce Investment Board approved these budgets for the period July 1, 2009 to
June 30, 2010;

 NOW, THEREFORE, BE IT RESOLVED, that appropriations of the Workforce Investment Act, Title I to include
Adult, Dislocated Worker, Youth and Administration Grant funds be made in these accounts;

 CD6293.1A (WIA Title I Adult Staff Wage) $ 36,291.00
 CD6293.4A (WIA Title I Adult Operating) $ 3,898.00
 CD6293.8A (WIA Title I Adult Staff Fringe) $ 12,684.00

 CD6293.1B (WIA Title I Dislocated Staff Wage) $ 35,308.00
 CD6293.4B (WIA Title I Dislocated Operating) $ 5,048.00
 CD6293.8B (WIA Title I Dislocated Staff Fringe) $ 12,632.00

 CD6293.1D (WIA Administration Wage) $ 1,962.00
 CD6293.4D (WIA Administration Operating) $        640.00
 CD6293.8D (WIA Administration Fringe) $       240.00
 CD6293.1C (WIA Title I Youth Staff Wage) $ 34,979.00
 CD6293.4C (WIA Title I Youth Operating) $ 15,329.00
 CD6293.8C (WIA Title I Youth Staff Fringe $ 13,276.00
 CD6293.11C (WIA Title I Youth Participant Wage $ 18,846.00
 CD6293.81C (WIA Title I Youth Participant Fringe) $ 2,157.00

         CD4791.0 (REVENUE)           $193,290.00

and be it further

        RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 268-09

                          WORKFORCE DEVELOPMENT BUDGET INCREASE

 BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

 TO: CD6293.4A WIA Adult Operating      $2,730.00
 TO: CD6293.4B WIA Dislocated Worker Operating $2,730.00

 CD4791.0      REVENUE         $5,460.00

AND be it further

        RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 269-09
146                                 PROCEEDINGS OF THE LEGISLATURE


                               WORKFORCE DEVELOPMENT BUDGET TRANSFER

       BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

       FROM: CD6293.4D WIA Admin. Operating
          (Equipment/Main./Repair) $ 32.00
          (Postage)     $ 80.00
          (Xeroxing/Coping)   $ 80.00
          (Telephone)     $ 60.00

       TO: CD6293.1D WIA Admin. Staff Wages            $ 252.00

      AND be it further

              RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
      Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 270-09

      Mr. Paddock offered resolutions 270 and 271-09 and moved their adoption, seconded by Mr. Dennis.

                                   ADOPT WORKFORCE DEVELOPMENT
                           AMERICAN REINVESTMENT AND RECOVERY ACT BUDGET

       WHEREAS, the four County Workforce Development Departments have been designated as One Stop Satellite
      Centers by the Finger Lakes Workforce Investment Board; and

       WHEREAS, The Finger lakes Workforce Investment Board approved these budgets for the period June 1, 2009 to
      November 30, 2009;

              NOW, THEREFORE, BE IT RESOLVED, that appropriations of the Workforce Investment Act, American
      Reinvestment and Recovery Act funds be made in these accounts;
              C6293.1F Stimulus Staff Wages $ 1,841.00
              C6293.11F Stimulus Client Youth Wages $ 64,375.00
              C6293.4F Stimulus Staff Operating $ 1,550.00
              C6293.41F Stimulus Client Youth Operating $ 25,472.00
              C6293.8F Stimulus Staff Fringe $     698.00
              C6293.81F Stimulus Client Youth Fringe $ 7,368.00

       C4795.0 (Revenue)       $101,304.00

      and be it further

              RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
      Yates County Treasurer.
      VOTE: Unanimous



                                               RESOLUTION NO. 271-09

                                       ADOPT WORKFORCE DEVELOPMENT
                                               TANF BUDGET
                               PROCEEDINGS OF THE LEGISLATURE                                                    147


 WHEREAS, the four County Workforce Development Departments have been designated as One Stop Satellite
Centers by the Finger Lakes Workforce Investment Board; and

 WHEREAS, The Finger lakes Workforce Investment Board approved these budgets for the period June 1, 2009 to
September 30, 2009;

         NOW, THEREFORE, BE IT RESOLVED, that appropriations of the Workforce Investment Act, TANF
funds be made in these accounts;
  CD6294.1A Tanf Staff Wages       $ 3,784.00
  CD6294.8A Tanf Staff Fringe      $ 1,889.00
  CD6294.4A Tanf Operating       $20,922.00
  CD6294.11A Tanf Participant Wages      $17,742.00
  CD6294.11A Tanf Participant Fringe $ 2,030.00

         C4791.0 (Revenue)         $46,367.00

and be it further

        RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 272-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

  AUTHORIZE CONTRACT WITH WORKFORCE DEVELOPMENT OFFICE TO ADMINISTER 2009
                   SUMMER YOUTH EMPLOYMENT PROGRAM

 WHEREAS, the County wishes to utilize available TANF dollars to administer the 2009 Summer Youth
Employment for the benefit of Yates County youth, and be it

 RESOLVED, that after the review of the County Attorney, the Chairman of the Legislature, Social Services
Commissioner, and the Workforce Development Director sign a contract to administer the SYEP program in the
amount of $46,367 for the period June 1, 2009-October 31, 2009, and be it further

 RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer, the Department of Social
Services, and the Workforce Development Office.
VOTE: Unanimous
                                         RESOLUTION NO. 273-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                         2009 BUDGET TRANSFERS

 BE IT RESOLVED, that the following transfers be made in the 2009 Budget:

 $4,000 from A1990.4905 (Contingent Fund) to A4010.4919 (Public Health-Revenue Assessments);
 $9,785.09 from A1910.4923 (Unallocated Insurance) to A3110.4911 (Sheriff-Insurance);

 $1.80 from A3020.4011 (Public Safety Communications Systems-Consultants) to A3020.1950 (Public Safety
Communications-Differential DSA);
 $796.10 from A3020.4011 (Public Safety Communications Systems-Consultants) to A3020.1952 (Public Safety
Communications-Overtime DSA);
 $2,000 from A3150.2421 (Jail-Camera-Outside) to A3020.2421 (Public Safety Communications Systems-Camera-
Outside);
 $2,991.15 from A4010.1626 (Public Health-EMS Trainer) to A4010.4156 (Public Health-Training);
148                                  PROCEEDINGS OF THE LEGISLATURE


        $700 from A6610.8305 (Consumer Affairs-Medical Insurance-Non Union) to A6610.1660 (Consumer Affairs-
      Insurance Buyout-Non Union);
        $500 from A6610.8305 (Consumer Affairs-Medical Insurance-Non Union) to A6610.4408 (Consumer Affairs-
      Equipment Maintenance/Repairs);
        $100 from A6610.8305 (Consumer Affairs-Medical Insurance-Non Union) to A6610.4470 (Consumer Affairs-
      Supplies: Office);
        $82.75 from A8020.1085 (Planning-Planner) to A8020.4207 (Planning-YC Planning Board);
        $1,742 from S1720.4197 (Workers Compensation-Benefits & Awards) to S1710.4193 (Workers Compensation-
      Insurance);

      and be it further

       RESOLVED, that a copy of this resolution be given to the Public Health Director, Sr. Communications Mechanic,
      Sheriff, Personnel Director, Insurance Manager, Director of Weights & Measures, Budget Officer, Planner, and
      County Treasurer.
      VOTE: Unanimous
                                                 RESOLUTION NO. 274-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                  APPROPRIATE CANCER SCREENING PROGRAM
                                        AND CHANGE LINE ITEM TITLE
                                             (PUBLIC HEALTH)

        WHEREAS, the Yates County Public Health received $28,247 for the Integrated Cancer Screening Grant Program
      and the Yates County Legislature accepted these funds by Resolution Number 223-09 on June 8, 2009 and

       WHEREAS, the Grant in the past had been know as "Colorectal Screening" but currently the grant is called
      "Cancer Screening Grant Program";

       NOW, THEREFORE, BE IT RESOLVED, that line item number 4989 be titled "Grant: Cancer Screening
      Program" and be it further

       RESOLVED that the following account numbers be increased by $28,247:

       Appropriation
       A4010.4989 (Public Health-Grant: Cancer Screening Program)

       Revenue
       A3405 (State Aid-Grant: Cancer Screening Program)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer and County
      Treasurer.
      VOTE: Unanimous



                                                RESOLUTION NO. 275-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                          APPROPRIATE GOVERNOR'S TRAFFIC SAFETY COMMISSION GRANT
                                                 (SHERIFF)
                               PROCEEDINGS OF THE LEGISLATURE                                                         149


  WHEREAS, the Yates County Sheriff's Department has received a Governor's Traffic Safety Commission Grant
(Grant #CS-6200132) in the amount of $3,000 and these funds are not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $3,000:

 Appropriation
 A3110.4954 (Sheriff-Grant: GTSC)

 Revenue
 A4388 (Federal Aid-Grant: GTSC)

and be it further

 RESOLVED, that a copy of this resolution be given to the Sheriff, Budget Officer, and County Treasurer.
VOTE: Unanimous

                                           RESOLUTION NO. 276-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Willson.

                    AUTHORIZE CHAIRMAN TO SIGN MUNIS SUPPORT AND LICENSE
                                        AGREEMENT

  WHEREAS, the Treasurer's Office accounting software, MUNIS Support and License Agreement expires as of
July 30, 2009 and as this software is instrumental in the daily operations of the Treasurer's Office;

  NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the
agreement with MUNIS for support for one year at the cost of $15,898.00 after the approval of the County Attorney,
and be it further

 RESOLVED, that the requirement for liability coverage be waived for this agreement, and be it further

 RESOLVED, that a copy of this resolution be forwarded to MUNIS and the Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 277-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                          AUTHORIZE ADMINISTRATOR TO SIGN LETTER OF
                                         ENGAGEMENT
                                     (Harter, Secrest & Emery)

 RESOLVED, that the County Administrator is hereby authorized to sign a Letter of Engagement for legal services
with Harter, Secrest & Emery LLP of Rochester.
VOTE: Unanimous




                                           RESOLUTION NO. 278-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.
DISCUSSION: Mr. Paddock stated this is for an analysis of wind energy production to determine if the county were
to engage in negotiations with Ecogen whether it would be appropriate to sell the land or to lease the land. We are
not at the present time, contrary to what was said in the environmental impact statement, negotiating at this time.
150                                  PROCEEDINGS OF THE LEGISLATURE


                          AUTHORISE ADMINISTRATOR TO SIGN LETTER OF AGREEMENT
                                          (Raymond F. Wager, CPA)

       RESOLVED, that the County Administrator is hereby authorized to sign a Letter of Agreement with Raymond F.
      Wager, CPA for an analysis of wind energy production in an amount not to exceed $6,000, and be it further

       RESOLVED, that a copy of this resolution be given to the Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 279-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

         APPROPRIATE FOR YOUTH PROGRAMS THE NECESSARY DECREASES/INCREASES IN 2009
                                       STATE AID

       WHEREAS, the State of New York decreased/increased various allocations for the 2009 Youth Programs State
      Aid and it is necessary to amend the 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED that the following decreases be made:

       A7310.4357 (Youth Program-ProAction) $ 842.00
       A7310.4363 (Youth Program-Red Cross)    116.00
       A7310.4365 (Youth Program-Rape & Abuse) 272.00
       A7310.4368 (Youth Program-The Place 4 Youth) 300.00
       A7310.4371 (Youth Program-Big Brothers/Sisters) 372.00
                     $1,902.00

       A3820 (State Aid-Youth Programs)             $1,902.00

      and be it further

       RESOLVED, that the following increases be made:

       A7310.4352 (Youth Program-Youth CFRC) $ 231.00
       A7310.4354 (Youth Program-Dundee Youth Ctr) 2,674.00
       A7310.4361 (Youth Program-Kinship)   307.00
       A7310.4353 (Youth Program-CFRC/Young Parents)   498.00
                      $3,710.00

       A3820 (State Aid-Youth Programs)              $3,710.00

      and be it further

       RESOLVED, that a copy of this resolution be given to the Youth Bureau/Workforce Development Director,
      Budget Officer, and County Treasurer.
      VOTE: Unanimous


                                                RESOLUTION NO. 280-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                              REQUEST EXTENSION OF COMMENT PERIOD FOR THE
                                                 DSGEIS
                                PROCEEDINGS OF THE LEGISLATURE                                                        151


  WHEREAS, the Mineral Resources Division of the New York State Department of Environmental Conservation is
in the process of preparing a Draft Supplemental Generic Environmental Impact Statement for horizontal drilling
and hydraulic fracturing for natural gas development in the Marcellus Shale and other like formations, and

  WHEREAS, the Yates County Legislature, which represents residents who stand to be directly affected by gas
drilling and high-volume hydraulic fracturing, shares the concerns of other local governments in New York State
that responsible development should occur to ensure public health and safety, to protect natural resources, and to
mitigate impacts to our municipal infrastructure that could result from natural gas development in the Marcellus
Shale

  NOW, THEREFORE, BE IT RESOLVED, the Yates County Legislature requests that the DEC provide a public
comment period of no less than forty-five (45) days after the issuance of the DSGEIS to permit the public adequate
time to review and comment on the document, and be it

  RESOLVED, that copies of this resolution be given to Pete Grannis, Commissioner, NYSDEC, U.S. Senator
Charles Schumer, U.S. Senator Kirstin Gillibrand, NY Governor David Paterson, U.S. Congressman Eric Massa,
NYS Senator George Winner, NYS Assembly Member James Bacalles, Stuart Gruskin, Executive Deputy
Commissioner, NYS DEC, the New York State Association of Counties, the County Administrator and the County
Planner.
VOTE: Unanimous
                                           RESOLUTION NO. 281-09

Mrs. Taylor withdrew the following resolution.

                       RESOLUTION REQUESTING STATE COMPTROLLER TO
                       WAIVE 90-DAY NOTICE REQUIREMENT FOR EXTENSION
                                  OF ADDITIONAL 1% SALES TAX

  WHEREAS, in May the Yates County Legislature submitted a resolution to the State Legislature requesting
authorization through home rule to continue the imposition of an additional 1% sales tax after November 30, 2009,
and

  WHEREAS, this home rule legislation has been enacted by the Assembly through bill A7455 and by the Senate
through bill S4095 but the legality of the Senate‟s action is under review because of recent events in the New York
State Senate, and

 WHEREAS, the New York State Department of Taxation and Finance requires that a certified copy of the Yates
County Legislature‟s resolution enacting the continuation of the additional 1% in sales tax be received by the
department 90 days in advance of November 30, and

  WHEREAS, this requirement results in the need for the Yates County Legislature to adopt by resolution the
continuation of the additional 1% in sales tax and submit this resolution to the New York State Department of
Taxation and Finance by August 30, and

 WHEREAS, the Yates County Legislature cannot adopt a resolution enacting the continuation of the additional
1% sales tax until the questions of legality have been resolved, and

       WHEREAS, the timeframe for the State Legislature and the Executive Branch to resolve the legality of the
New York State Senate actions without infringing on the 90-day requirement is rapidly dwindling, and

         WHEREAS, if as a result of this situation Yates County is not able to continue the implementation of the
additional 1% sales tax after November 30, 2009, Yates County will start losing an average of $44,094 in sales tax
revenue per week, and

       WHEREAS, this continued loss of revenue will have a devastating impact on the Yates County
government‟s ability to provide services to its residents,
152                                   PROCEEDINGS OF THE LEGISLATURE



             NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature hereby requests that the State
      Comptroller waive the 90-day notice requirement so that Yates County is not adversely impacted by actions of the
      New York State Legislature and the Executive Branch, and be it further

              RESOLVED, that copies of this resolution be given to Governor David Paterson, State Comptroller
      Thomas DiNapoli, Senator George Winner, Assemblyman Jim Bacalles, the New York State Association of
      Counties, the Yates County Administrator and the Yates County Treasurer.
      VOTE: Unanimous
                                                RESOLUTION NO. 282-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                APPOINT REPUBLICAN ELECTION COMMISSIONER
                                                 (Daines)

              WHEREAS, the Chairman of the Yates County Republican Committee has filed with this Legislature a
      certificate in accordance with Election Law, Section 31, certifying that in the opinion of the majority of such
      committee that Amy J. Daines of Naples, New York is a satisfactory and proper person to be appointed as the
      Commissioner of Elections, and recommends such appointment

             NOW, THEREFORE, BE IT RESOLVED, that said Amy Daines is hereby appointed as Commissioner of
      Elections for Yates County for the term of July 27, 2009 through December 31, 2009 and be it further

             RESOLVED, that the salary for said position be commensurate with the 2009 Non-Union Salary Schedule
      adopted on December 8, 2008 via Resolution No. 509-08 effective January 1, 2009 noting an annual salary of $
      34,011 and be it further

              RESOLVED, that a copy of this resolution be provided to the Budget Officer, the Treasurer, the Personnel
      Officer, Ms. Daines and the Chairman of the Republican Party.
      VOTE: Unanimous
                                                RESOLUTION NO. 283-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

                              AUTHORIZE COUNTY ATTORNEY TO SIGN LETTER OF
                                              ENGAGEMENT
                                           (Jason S. Di Ponzio, PC)

        RESOLVED, that the County Attorney is hereby authorized to sign a Letter of Engagement for legal services with
      Jason S. DiPonzio, PC of Rochester, and be it further

       RESOLVED, that a copy of this resolution be given to the County Attorney.
      VOTE: Unanimous



                                                 RESOLUTION NO. 284-09

      Mr. Holgate offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                               AMEND RESOLUTION 138-09
                                                 TO READ AS FOLLOWS

                                      AWARD BID FOR VEGETATION SPRAYING
                                 PROCEEDINGS OF THE LEGISLATURE                                                            153


         WHEREAS, bids were requested for Vegetation Spraying and received on February 12, 2009 at 10:00 a.m.
and one firm submitted a bid to the Yates County Highway Department,


                                                                            DeAngelo Brothers
                                                                                  Inc.

                 Price per Mile of Roadside Application                             23.78

                 Price per Gallon for Material Mixture                       950 gal @ 2.39 ea

                 Total Price for Application & Materials                         $10,831.30

                 Roadside to be treated : Approximately 360 Miles


        NOW, THEREFORE BE IT RESOLVED, to award the bid to DeAngelo Brothers, Inc. for the price of $
23.78 per mile of roadside application and $ 2.39 per gallon of material mixture,

        RESOLVED, that copies of this resolution be forwarded to the bidder, the Yates County Treasurer, and the
Yates County Highway Superintendent.
VOTE: Unanimous
                                        RESOLUTION NO. 285-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

          ACCEPT 2009 GOVERNORS TRAFFIC SAFETY COUNCIL CHILD SAFETY GRANT

           NOW, THEREFORE, BE IT RESOLVED, that as the Sheriff has received a Governors Traffic Safety
Grant #CS-6200132 for 2009 for Child Passenger Safety program in the amount of $3,000 it is hereby accepted and
the Treasurer is authorized to appropriate into the budget accordingly, and

         RESOLVED, that a copy of this resolution be provided the Treasurer, Sheriff and Budget Officer.
VOTE: Unanimous

Mr. Morris commented on Mr. Fitch‟s comment. Mr. Morris stated there are three big reasons why Yates County is
43rd on the State‟s list and you have to adjust for those reasons. Mr. Morris does not feel that Yates County is 43 rd .
Mr. Morris stated that most counties share sales tax Yates County does not share sales tax. This ends up taking a lot
out of your expense column. Most counties in New York State have other services. Mr. Morris stated this would be
municipal services like leaf pick and utilities. Also, there is a segment of the population that is close to 30% of the
population that receives no services from the County and that is the Mennonite population. If you make those
adjustments there still are a lot of opportunities for Yates County to improve on costs.

Chairman Multer questioned if Mr. Morris had any specific recommendation on cutting costs.

Mr. Morris stated look at the growth of the Yates County budget over the last 10 years compared to the average in
New York State. New York State is 70% higher in property tax cost per resident than the average U.S. State. If you
look at that, Yates County has gone up by 80% over the last 11 years and New York State has gone up 14%.

Look at benchmarking with other counties and counties outside of New York State.

Mr. Paddock questioned Mr. Morris on when he uses figures for cost per household, is he taking into consideration
the revenue side. Mr. Paddock explained that he is asking this is there are number of grants that are pass through
grants and there is no cost to the taxpayers.
154                                    PROCEEDINGS OF THE LEGISLATURE


      Mr. Morris explained that every county in the database had a cost side and a revenue side. The breakdowns are not
      such that you can easily apply all the grants to the expenses. But all the counties have grants. Mr. Morris stated that
      the data that he has obtained is from New York State.

      Mrs. Taylor questioned Mr. Morris‟s remarks regarding the Mennonite population not receiving services.

      It was explained that the Mennonite population uses the roads, which is a service from the Highway Department.
      They receive bicycle training, a service from the Sheriff‟s Department. They receive assistance from the fire
      departments, the ambulances along with emergency personnel when there is a tragedy. They receive services for
      special needs individuals and flu shots from other county departments.

      Meeting adjourned at 1:30 p.m.

      The Legislature convened in a workshop pertaining to municipal insurance.

      Kevin Crawford, Executive Director and Susan O‟Rorke, Director of Marketing from New York Municipal
      Insurance Reciprocal (NYMIR).

      NYMIR is member owned and non profit, founded on the principles of risk management, service and coverage for
      the long term. Premium rates are determined by strict adherence to the actuary‟s annual rate adequacy study.
      Everyone pays their fair share, after accounting for experience which is factor in.

      Mr. Crawford explained that NYMIR was founded in 1993 with 26 subscribing local governments. Today there are
      610 subscribers which include 22 counties. Mr. Crawford explained coverage includes property, inland marine,
      general liability, automobile, public officials, law enforcement, and excess.

      Workshop adjourned at 2:40 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                         155



                             REGULAR SESSION – MONDAY, AUGUST 10, 2009

The Yates County Legislature convened in regular session, Monday, August 10, 2009 in the Legislative Chambers at
1:00 p.m., Chairman Robert Multer presiding, Legislator Webster was absent.

Minutes of the July 13th meeting were approved as presented.

Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund                              $ 44,877.60
Finance                                   $ 79,833.30
Flint Creek                               $    5,605.00
Government Operations                     $ 58,680.92
Human Services                            $ 585,463.50
Prior to Audit                            $ 268,472.34
Public Safety                             $ 98,750.63
Public Works                              $1,558,275.61

COMMITTEE REPORTS
Mr. Holgate reported the transfer station is now open two days a week, Tuesday‟s and Saturday‟s from 8:00 a.m. to
Noon.
Mr. Fitch reported he and Dan attended a meeting of the Finger Lakes Cultural Museum. Taylor explained that this
project was started approximately a year ago and is headed by John Adanski. He is modeling the project after the
Wild Center that was built up by Tupper Lake in the Adirondacks‟. The one in the Adirondacks has 31 acres with
and expected attendance of 100,000 people this year. The project cost $35 million. The Finger Lakes Museum
would like between 50 and 200 acres and they have a 40 million dollar project cost. The board was taken to three
sites in the county for consideration. There are 19 areas in the surrounding counties that the board is considering.
The board hopes to narrow down the sites to 4 or 5 within the next couple of months. Taylor feels the Legislature
should support this.
Mr. Paddock reported Frank and Shirley Condella made a contribution to the Veteran‟s Services Agency in the
amount of $1,000.

Mike Linehan, President of the Yates County Chamber of Commerce gave a presentation to the Legislature on how
their funding is spent. A copy of the power point presentation is attached to these minutes.

                                           RESOLUTION NO. 286-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

       AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN DIVISION OF PROBATION AND
                   CORRECTIONAL SERVICES LETTER OF APPROVAL
                        REGARDING PROBATION FUNDING

  WHEREAS, the New York State Division of Probation and Correctional Services has requested counties to sign a
letter formalizing the Probation Department‟s commitment to comply with regulations and reporting requirements in
order to receive State Aid for 2009,

  NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign the
aforementioned letter, and be it further

 RESOLVED, that a copy of this resolution be sent to the Probation Director.
VOTE: Unanimous
                                        RESOLUTION NO. 287-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mrs. Taylor.
156                                  PROCEEDINGS OF THE LEGISLATURE



                          AUTHORIZE CHAIRMAN AND SHERIFF TO SIGN CONTRACT FOR
                                    JAIL BOARDING AT ONTARIO COUNTY

            NOW, THEREFORE, BE IT RESOLVED, that upon the approval of the County Attorney that the Yates
      County Sheriff and Board Chair man execute a 2009/10 agreement so that Yates County, when required may board
      inmates in the Ontario County Jail at a rate of $85 a day together with other applicable contract language, and

          RESOLVED, that a copy be provided the Treasurer and Sheriff.
      VOTE: Unanimous
                                          RESOLUTION NO. 288-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                                WORKFORCE DEVELOPMENT BUDGET TRANSFER

       BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

       FROM: C6293.81C WIA YOUTH PARTICIPANT FRINGE $                     300.00
       FROM: C6293.4C WIA YOUTH OPERATING $ 500.00

       TO: CD6293.11C WIA YOUTH PARTICIPANT WAGES $                    800.00

      AND be it further

              RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
      Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 289-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                       APPOINTMENT TO THE FINGER LAKES
                                        WORKFORCE INVESTMENT BOARD

             WHEREAS, this Legislature, by Resolution #334-99, has authorized the creation of the Finger Lakes
      Workforce Investment Board for the Counties of Yates, Ontario, Seneca, and Wayne in compliance with the
      Workforce Investment Act (WIA) of 1998; and

               WHEREAS, the Workforce Investment Board members must be appointed by the respective Legislative
      Boards; and

              WHEREAS, the Executive Director has solicited nominations in accordance with the Law;

              WHEREAS, the Finger Lakes Workforce Investment Board By-Laws state voting members shall be
      appointed for terms of three (3) years, and that terms shall be staggered,

               NOW, THEREFORE, BE IT RESOLVED, that this Legislature does hereby appoint the following
      representatives to the Finger Lakes Workforce Investment Board to fill a three year term from July 1, 2009 through
      June 30, 2012.

              Joseph Hamm, Commissioner‟s Finger Lakes Regional Representative
              New York State Department of Labor
              276 Waring Road
              Rochester, NY 14609
                               PROCEEDINGS OF THE LEGISLATURE                                                        157


and be it further

        RESOLVED, that certified copies of this resolution be sent to Wayne, Ontario, and Seneca Counties, the
Yates County Workforce Development, the Finger Lakes Workforce Investment Board and to the aforementioned
appointee.
VOTE: Unanimous
                                       RESOLUTION NO. 290-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                          RENEW AGREEMENT WITH MARGARET BRINN, RN

  RESOLVED, that the Chairman is hereby authorized to renew an agreement with Margaret Brinn, RN to serve as
the Public Health Emergency Planner for the period 9/1/09 – 8/30/10 at a rate of $40,000 contingent upon continued
Public Health Emergency Planning & Response grant funding, and be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 291-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Willson.

           ACCEPT HEALTHY COMMUNITIES CAPACITY BUILDING INITIATIVE AWARD

 RESOLVED, that the Chairman is hereby authorized to sign an acceptance letter with the New York State
Department of Health to allow receipt of the Healthy Communities Capacity Building Initiative Award in the
amount of $34,000 for the period 8/01/2009 – 3/31/2010

 RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 292-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

          AMEND 2009 CONTRACT WITH SOLDIERS AND SAILORS MEMORIAL HOSPITAL

  WHEREAS, Yates County and the Yates County Department of Community Services wish to amend the 2009
contract with S&S Memorial Hospital to add a provision of transportation, and

 WHEREAS, there is an additional $11,912.00 in 100% New York State Office of Mental Health funds, and

   NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County Legislature and the
Director/Designee of Community Services be authorized to sign an amended contract with S&S Memorial Hospital,
and be it further,

         RESOLVED, that copies of this resolution be provided to the Yates County Treasurer, S & S Memorial
Hospital, and the Yates County Department of Community Services.
VOTE: Unanimous
                                         RESOLUTION NO. 293-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.



                    RENEW RESIDENTIAL SERVICES CONTRACT WITH CRESTWOOD
                           CHILDREN‟S CENTER RESIDENTIAL SERVICES
158                                  PROCEEDINGS OF THE LEGISLATURE



               WHEREAS, it is necessary to renew this contract to provide residential services to Yates County youth in
      need of placement,

               NOW BE IT THEREFORE RESOLVED, that after the review of the County Attorney, the Chairman of the
      Legislature and the Social Services Commissioner be authorized to sign a contract for the period July 1, 2009-June
      30, 2010 at the daily rates of $202.28 for institutional care and $230.15 for group home care, or as determined by
      New York State, and be it further

       RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department of
      Social Services.
      VOTE: Unanimous

                                                     RESOLUTION NO. 294-09

      Mr. Paddock offered resolutions 294 and 295-09 and moved their adoption, seconded by Mrs. Alexander.

                AMEND AND EXTEND FOODSENSE CONTRACT WITH PRO-ACTION OF STEUBEN AND
                                    YATES COUNTIES, INC.

        WHEREAS, it is the desire of the county to continue the administration and operation of the DSS component of
      the FOODSENSE program to assist eligible community members to extend their nutritional food purchasing power,
      and since additional funds continue to be available through the federally funded Flexible Fund for Family Services
      allocation, and since this activity meets federal goals to support healthy and stable families,

        NOW BE IT RESOLVED, that contract # 4-09 be amended to add an additional $60,000 to support this program,
      and the contract extended through December 31, 2010, and further

               RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department
      of Social Services.
      VOTE: Unanimous
                                               RESOLUTION NO. 295-09

       AMEND AND EXTEND „JOB COACH‟ CONTRACT WITH PRO-ACTION OF STEUBEN AND YATES
                                      COUNTIES, INC

              WHEREAS, it is the desire of the County to continue the services of a “Job Coach” to assist eligible
      customers of the Department of Social Services in developing job specific and job retentions skills, and

              WHEREAS, funds continue to be available for this purpose through the federally funded Flexible Fund For
      Family Services allocation,

                NOW BE IT RESOLVED, that contract # 225-08 be amended to add an additional $80,000 to support these
      services, and the contract extended through December 31, 2010, and further

               RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department
      of Social Services.
      VOTE: Unanimous
                                                    RESOLUTION NO. 296-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                      RENEW CONTRACT WITH WORKFORCE DEVELOPMENT FOR SPECIALIZED
                              ASSESSMENT AND EMPLOYABILITY SERVICES
                                 PROCEEDINGS OF THE LEGISLATURE                                                           159


         RESOLVED, that a contract with Yates County Workforce Development Agency be renewed to provide
specialized assessment and employability services to eligible clients of the Department of Social Services for the
period July 1, 2009 – June 30, 2010 at a cost not to exceed $15,000 (federal funds available through the Flexible
Fund For Family Services allocation) and be it further

       RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer, Work Force
Development, and the County Department of Social Services.
VOTE: Unanimous
                                        RESOLUTION NO. 297-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Willson.
DISCUSSION: Mr. Fitch explained this resolution will help out the not-for-profits through bonding that we are not
able to do anymore because of the current IDA legislation.

       RESOLUTION APPROVING THE PROPOSED CERTIFICATE OF INCORPORATION AND
        CONSENTING TO THE FORMATION OF A LOCAL DEVELOPMENT CORPORATION.

         BE IT ENACTED by the County Legislature of the County of Yates, New York (the “County
Legislature”), as follows:

         WHEREAS, on January 31, 2008, Section 854 of the General Municipal Law, commonly referred to as the
Civic Facilities Legislation (the “Law”) expired and, since the expiration of the Law, industrial development
agencies have not been able to provide financial assistance to projects owned or operated by not-for-profit
corporations (hereinafter referred to as “Civic Facility Projects”); and

          WHEREAS, the ability to finance Civic Facility Projects with tax-exempt bonds has been a very important
tool for the Yates County Industrial Development Agency (the “Agency”), as the Civic Facility Projects undertaken
by the Agency have increased employment opportunities for residents of Yates County and allowed local not-for-
profit corporations to upgrade their facilities at the lowest possible cost; and

         WHEREAS, by resolution adopted by the members of the Agency on July 15, 2009 (the
“Approving Resolution”), the members of the Agency agreed to request the consent and authorization of the County
Legislature to form a local development corporation under Section 1411 of the New York State Not For Profit
Corporation Law (the “NFPCL”); and

         WHEREAS, local development corporations formed under the NFPCL are created to assist, among others,
not for profit corporations that are undertaking projects that further any of the following purposes for which local
development corporations are created: (1) relieving and reducing unemployment, (2) promoting and providing for
additional and maximum employment, (3) bettering and maintaining job opportunities, (4) instructing or training
individuals to improve or develop their capabilities for such jobs, (5) carrying on scientific research for the purpose
of aiding a community or geographical area by attracting new industry to the community or area or by encouraging
the development of, or retention of, an industry in the community or area, and (6) lessening the burdens of
government and acting in the public interest; and

          WHEREAS, in furtherance of the public purposes set forth above, a local development
corporation formed under the NFPCL is empowered to take the following actions: (1) to construct, acquire,
rehabilitate and improve for use by others industrial or manufacturing plants in the territory in which its operations
are principally to be conducted, (2) to assist financially in such construction, acquisition, rehabilitation and
improvement, to maintain such plants for others in such territory, (3) to disseminate information and furnish advice,
technical assistance and liaison with federal, state and local authorities with respect thereto, (4) to acquire by
purchase, lease, gift, bequest, devise or otherwise real or personal property or interests therein, (5) to borrow money
and to issue negotiable bonds, notes and other obligations therefor, and (6) to sell, lease, mortgage or otherwise
dispose of or encumber any such plants or any of its real or personal property or any interest therein upon such terms
as it may determine to be suitable; and
160                                   PROCEEDINGS OF THE LEGISLATURE


               WHEREAS, under the laws of the State of New York, local development corporations are permitted to
      issue tax-exempt bonds for the benefit of qualifying Civic Facility Projects; and

              WHEREAS, in accordance with Section 1411(a) of the NFPCL, prior to forming a local
      development corporation, the Agency must obtain the County Legislature‟ approval of the certificate of
      incorporation that will be used to form the local development corporation; and

               WHEREAS, the Agency has prepared a proposed certificate of incorporation for review by the County
      Legislature and a copy of such proposed certificate of incorporation is attached hereto as Schedule A;

               NOW, THEREFORE, BE IT RESOLVED by the County Legislature as follows:
      Section 1. The County Legislature authorizes the Agency to form a local development
      corporation in accordance with Section 1411 of the NFPCL; provided, however, that any obligations issued by the
      local development corporation, and the premium (if any) and interest thereon, shall be special obligations of the
      local development corporation and shall never be a debt of the State of New York, the County of Yates, New York
      or any political subdivision thereof (other than the local development corporation), and neither the State of New
      York, the County of Yates, New York nor any political subdivision thereof (other than the local development
      corporation) shall be liable thereon.

      Section 2. The County Legislature approves the form and substance of the certificate of
      incorporation presented at this meeting and attached hereto as Schedule A, all in substantially the form thereof
      presented to this meeting, with such changes, variations, omissions and insertions as the Chairman (or Vice
      Chairman) and the County Attorney shall approve.

      Section 3. This resolution shall take effect immediately.

      The resolution was duly seconded by Legislator Willson and the resolution was duly adopted by a vote on roll call.
      There being 13 for and 1 Legislator absent.
      VOTE: Roll Call – Alexander, Willson, Dennis, House, Paddock, Fitch, Flood, Banach, Taylor, Nielsen, J. Multer,
      Holgate, R. Multer voting “Yes” motion carried.

                                              RESOLUTION NO. 298-09

      Mr. Fitch offered resolutions 298 and 299-09 and moved their adoption, seconded by Mr. Nielsen.

                   AUTHORIZE CHAIRMAN TO EXECUTE CONSULTANT AGREEMENT
                                 WITH PASSERO ASSOCIATES
                                   (Acquisition of Equipment)

        WHEREAS, Yates County wishes to retain a consultant to assist in the acquisition of equipment to support
      previously installed security improvements, and

        WHEREAS, Passero Associates has agreed to provide said assistance as outlined in the Consultant Agreement
      (Lump Sum Fee) in the amount of $4,800, with grant assistance from the New York State Transportation Bond Act
      aviation grant program through the New York State Department of Transportation,

                NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon execution of the
      New York State grant agreement providing funding for the aforementioned project at Penn Yan – Yates County
      Airport, is authorized to execute the aforementioned consultant agreement with Passero Associates, and be it further




             RESOLVED, that copies of this resolution be given to the Yates County Treasurer and Passero Associates.
      VOTE: Unanimous
                                             RESOLUTION NO. 299-09
                                PROCEEDINGS OF THE LEGISLATURE                                                         161



            AUTHORIZE CHAIRMAN TO EXECUTE CONSULTANT AGREEMENT
                            WITH PASSERO ASSOCIATES
                     (Maintenance and Office Hangar Rehabilitation)

  WHEREAS, Yates County wishes to retain a consultant to assist in engineering and architectural design, bidding,
and construction administration for the maintenance and office hangar rehabilitation, and

  WHEREAS, Passero Associates has agreed to provide said assistance as outlined in the Consultant Agreement
(Lump Sum Fee) in the amount of $39,800, with grant assistance from the New York State Transportation Bond Act
aviation grant program through the New York State Department of Transportation,

          NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, upon execution of the
New York State grant agreement providing funding for the aforementioned project at Penn Yan – Yates County
Airport, is authorized to execute the aforementioned consultant agreement with Passero Associates, and be it further

 RESOLVED, that copies of this resolution be given to the Yates County Treasurer and Passero Associates.
VOTE: Unanimous

                                           RESOLUTION NO. 300-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                    ACCEPT NYSDOT AVIATION CAPITAL PROJECT AGREEMENT

        WHEREAS, Yates County received a grant from the Federal Aviation Administration to pay 95% of the
allowable costs incurred in accomplishing the following projects at Penn Yan – Yates County Airport:

      Perform Major Crack Repair, Mark and Groove Runway 1/19; Perform On-Airport
      Obstruction Removal for the Runway Ends 1, 10 and 28 Approach Surfaces
      FAA Project No. 3-36-0094-25-09

          WHEREAS, the New York State Department of Transportation is offering a matching grant to the federal
grant for 50% of the non-federal share of eligible costs, NYSDOT PIN 6906.25.

         WHEREAS, Yates County has committed funds for the local share of project costs. Funding shares for
project costs are as follows:


        FAA                 $          239,769
        NYSDOT              $            6,310
        Yates County        $            6,309
        Total               $          252,388

         WHEREAS, if Yates County and/or the FAA notifies the NYSDOT that Yates County has requested and
received an increase in federal funding for the projects based on increased eligible costs and has authorized the
proportionate increase in local funding, the New York State share noted above shall be increased proportionately up
to a maximum increase of 15%.




       NOW, THEREFORE, BE IT RESOLVED that Yates County enter into an agreement with the State of
New York for financial assistance for the projects described above at Penn Yan-Yates County Airport;
162                                    PROCEEDINGS OF THE LEGISLATURE


              RESOLVED, that the Chairman be authorized to execute all necessary documents on behalf of Yates
      County with NYS in connection with the project; 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 documents in connection with the project.
      VOTE: Unanimous
                                                  RESOLUTION NO. 301-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

         AUTHORIZE CHAIRMAN TO SIGN GRANT AGREEMENT FOR MAINTENANCE EQUIPMENT
                                      ACQUISITION

        WHEREAS, the project for the Penn Yan Airport P.I.N. 6906.83 for Maintenance Equipment Acquisition is
      eligible for funding through the NYS Bond Act Security Grant Program administered by the NYS Department of
      Transportation (“NYSDOT”); and funding in the amount of $90,000 is 100% state funded

        NOW THEREFORE, BE IT RESOLVED the Yates County Legislature hereby approves the above-subject
      project; and it is hereby further

       RESOLVED, that the Chairman of the Yates County Legislature is hereby authorized to execute all necessary
      Agreements, certifications or reimbursement requests for the project on behalf of the Yates County Legislature with
      NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the
      Project and permanent funding of the local share and all Project costs that are not so eligible, and it is 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 it is further

       RESOLVED, this resolution shall take effect immediately.
      VOTE: Unanimous
                                               RESOLUTION NO. 302-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

         AUTHORIZE CHAIRMAN TO SIGN GRANT AGREEMENT FOR REHABILITATION OF HANGAR
                                       AND OFFICE

        WHEREAS, the project for the Penn Yan Airport P.I.N. 6906.84 Rehabilitation of Hangar and Office is eligible
      for funding under the NYS Bond ACT AIR 99 Program administered by the NYS Department of Transportation
      (“NYSDOT”); and

        WHEREAS, the Yates County Legislature desires to advance the Projects by making a commitment of the full
      local share of the costs of the Project; the funding shares being: P.I.N. 6906.84 State; $221,000; Local; $24,556; and
      Total $245,556;

        NOW THEREFORE, BE IT RESOLVED the Yates County Legislature hereby approves the above-subject
      project; and it is hereby further

       RESOLVED, that the sum of $24,556 is hereby appropriated from the Yates County Airport Reserve Fund and
      made available to cover the cost of participation in the above Project; and it is further


               RESOLVED, that the Chairman of the Yates County Legislature is hereby authorized to execute all
      necessary Agreements, certifications or reimbursement for the project on behalf of the Yates County Legislature
      with NYSDOT in connection with the advancement or approval of the Project and providing for the administration
      of the Project and permanent funding of the local share and all Project costs that are not so eligible, and it is further
                                PROCEEDINGS OF THE LEGISLATURE                                                     163



 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 it is further

 RESOLVED, this resolution shall take effect immediately.
VOTE: Unanimous
                                         RESOLUTION NO. 303-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.
DISCUSSION: Mr. Fitch asked that Aaron Rieff‟s name be added to this resolution.

             AUTHORIZE THE CHAIRMAN TO SIGN AGREEMENTS FOR TREE REMOVAL

  WHEREAS, Yates County intends to retain a contractor to clear trees obstructing the exiting Runway 28 approach
surface on property immediately east of the Penn Yan – Yates County Airport, and

 WHEREAS, some of the trees are located on neighboring properties,

          NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized
execute all necessary documents on behalf of Yates County with Jeff and Sally Daggett, Bradley Braman, and Aaron
Rieff in connection with the project; and be it further

 RESOLVED, that copies of this resolution be given to Passero Associates, the property owners, and the Airport
Council.
VOTE: Unanimous
                                         RESOLUTION NO. 304-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Willson.

                                           2009 BUDGET TRANSFERS

 BE IT RESOLVED, that the following transfers be made in the 2009 Budget:

  $1,450 from A1621.4414 (Buildings & Grounds-Public Safety Building-Maint Contract-HVAC) to A1620.4414
(Buildings & Grounds-County Office Building-Maint Contract-HVAC);
  $500 from A1623.4414 (Buildings & Grounds-Courthouse-Maint Contract-HVAC) to A1620.4414 (Buildings &
Grounds-County Office Building-Maint Contract-HVAC);
  $220.96 from A6010.1405 (DSS-Staff Development Coordinator) to A6010.8100 (DSS-FICA/Medicare);
  $3,216 from A6010.2115 (DSS-Computer Hardware) to A6010.4301 (DSS-Local Share Chargebacks);
  $3,150.64 from A6123.4310 (DSS-Juvenile Delinquent Care) to A6129.4316 (DSS-State Training School);
  $15.15 from A8020.1085 (Planning-Planner) to A8020.4207 (Planning-YC Planning Board);
-----------------------------------------------------------
  $3,070.18 from CTP5610.4911 (Airport-Insurance) to the following:
  $210.60 to CTP5610.4127 (Airport-Maintenance: T-Hangar)
  $10.58 to CTP5610.4661 (Airport-Vehicle Parts/Maint/Repairs)
  $2,849 to CTP5610.4686 (Airport-Utilities: County Hangar)
-----------------------------------------------------------




and be it further

 RESOLVED, that a copy of this resolution be given to the Building & Grounds Supervisor, Commissioner of
Social Services, Planner, Budget Officer, Airport Council and County Treasurer.
164                                  PROCEEDINGS OF THE LEGISLATURE


      VOTE: Unanimous

                                                RESOLUTION NO. 305-09

      Mr. Fitch offered resolutions 305 thru 308-09 and moved their adoption, seconded by Mr. Nielsen.

                                    APPROPRIATE PUBLIC HEALTH DONATIONS

       WHEREAS, the Yates County Public Health Office has received donations in the amount of $488.60 for the Child
      Safety Fair, purchase of infant toothbrushes and Thermoscan and these funds are not part of the 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased:

       Appropriation
       A4010.4121 (Public Health-Child Safety Fair) $195.00
       A4010.4153 (Public Health-Education) 101.65
       A4010.2192 (Public Health-Nursing Equipment) 191.95
           TOTAL      $488.60


       Revenue
       A1689.0 (Donations-Public Health)            $488.60

      and be it further

       RESOLVED, that a copy of this resolution be given to the Director of Public Health, Budget Officer, and County
      Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 306-09

               APPROPRIATE COMMUNITY SOLUTIONS FOR TRANSPORTATION (CST) FUNDING

        WHEREAS, the Yates County Department of Social Services has received funding from a special allocation for
      the Community Solutions for Transportation (CST) in the amount of $25,141 and

       WHEREAS, these funds are not part of the 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $25,141:

       Appropriation
       A6010.4382 (DSS-ProAction-CST)

       Revenue
       A4610 (Federal Aid-Social Services Administration)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Commissioner of Social Services, Budget Officer and
      County Treasurer.
      VOTE: Unanimous

                                                RESOLUTION NO. 307-09

                               APPROPRIATE RESERVE FOR DISTRICT ATTORNEY

       WHEREAS, the District Attorney has a need to appropriate the reserve from forfeiture of crime proceeds;
                                PROCEEDINGS OF THE LEGISLATURE                                                             165



 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $207.50:

 Appropriation
 A1165.4470 (District Attorney-Supplies: Office)

 Budgetary Account
 A511.250 (Appropriate Reserve-DA)

and be it further

 RESOLVED, that a copy of this resolution be given to the District Attorney, Budget Officer, and County
Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 308-09

                            APPROPRIATE THE AID TO PROSECUTION GRANT
                                      (DISTRICT ATTORNEY)

 WHEREAS, the District Attorney received an extension for the Aid to Prosecution Grant (T07078061) from
12/31/08 to 6/30/09 and these funds are not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $1,299.90:

 Appropriation
 A1165.2115 (DA-Computer Hardware)            $1,299.90

 Revenue
 A3030 (State Aid-Aid to Prosecution)       $1,299.90

and be it further

 RESOLVED, that a copy of this resolution be given to the District Attorney, Budget Officer and County
Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 309-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                          RECOVERY ZONE DESIGNATION RESOLUTION DATED
                                        AUGUST 10, 2009.

         WHEREAS, the American Recovery and Reinvestment Act of 2009 ("ARRA") authorizes the County to issue
recovery zone economic development bonds in an amount up to $ $668,000 pursuant to a suballocation of the national
volume cap for Recovery Zone Bonds provided by the federal Treasury Department; and

           WHEREAS, recovery zone economic development bonds are entitled to a direct federal subsidy of 45% of the
interest thereon; and

         WHEREAS, the County is required to designate a recovery zone prior to issuing such bonds; and

         WHEREAS, any such bonds must be for expenditures for property located within the recovery zone or
otherwise promote economic activity therein; and

          WHEREAS, the term recovery zone is defined to mean (1) any area designated by the County as having
significant poverty, unemployment, rate of home foreclosures, or general distress; (2) any area designated by the County
166                                    PROCEEDINGS OF THE LEGISLATURE


      as economically distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base
      Closure and Realignment Act of 1990; and (3) any area for which a designation as an empowerment zone or renewal
      community is in effect as of February 17, 2009; and

               WHEREAS, it is now desired to designate the County of Yates as a recovery zone under ARRA;

              NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of the County Legislature of the County of
      Yates, New York, as follows:

                Section 1.         The County of Yates is hereby designated as a recovery zone for purposes of ARRA as a
      result of significant unemployment, home foreclosure rates and general distress as the current recession has had and
      continues to have a significant adverse impact on the County as a whole.
                Section 2. This resolution takes effect immediately.

               The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

                        AYES: 13 NAYS: 0 ABSENT: 1

               IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County Legislature this
      10th day of August, 2009.


                                                                                            _Connie C. Hayes______
                                                                                            Clerk, County Legislature
      VOTE: Roll Call – Alexander, Willson, Dennis, House, Paddock, Fitch, Flood, Banach, Taylor, Nielsen, J. Multer,
      Holgate, R. Multer voting “Yes” motion carried.

                                                    RESOLUTION NO. 310-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Dr. Dennis.
      DISCUSSION: Dr. Dennis made the following statement and explained that these comments are his own.
      I would like to speak to the relevance of this resolution and to the overall situation it represents. This legislature, as
      well as state and national food policy makers, needs to understand the pain this industry is experiencing.

      I have a copy of an article Peter Landre, of Yates Cooperative Extension, had published concerning the 2007 Ag.
      Census. I also thank him for background work on the wording of the resolution.

      Currently the price received by the dairy farmer for milk is about $5 under the cost of production on the average
      dairy farm in Yates County. This county has 262 dairy farms with a total of 12,150 cows. These numbers are from
      the 2007 census and there have been farms added since then. It is estimated that this represents full time work for
      about 450 workers. Total dairy sales in 2007 were $44,000 out of total county agriculture gross sales of
      $88,000,000. My calculations show a loss of $1,000 per cow annually if the price situation continues. The bullet
      points in the resolution are pertinent and some action has occurred in the past week on some of them. This loss of
      income represents $12.5 million less coming into the pockets of hard working dairy farm entrepreneurs. The general
      accepted economic multiplier for dairy farm income is 2.3. This calculates to $28 million less for the general
      economy of Yates County. This is already being felt by allied agribusiness such as feed supply, seed and fertilizer
      supply, breeding and veterinary services and consulting services. Not all of the lost multiplier has occurred as few
      farms have sold out yet. How are they surviving? I: Create alternate sources of income such as diversifying farm
      production or off farms. II: Lower the cost of inputs by delaying maintenance or improvements and cutting corners.
      As I mentioned, this is already being felt in allied services. III: Borrow against built up equity or use up savings
      from profitable years. IV: Lower the standard of living and quality of life.

      The requested actions in this resolution are not drastic and do not request a massive federal bail out as used in the
      banking and insurance sectors. The survival of American farms is essential to national security, probably more so
      than the mentioned bank and insurance conglomerates. If we lose everything, we still have to eat.
                                PROCEEDINGS OF THE LEGISLATURE                                                            167



I am spending this time to make this case because I want this legislature to know the level of anxiety and pain in a
$44 million dollar industry in this county. While this resolution reflects our concern and cumulatively with many
others and influence food policy, any of our decisions that impact the property tax rate are directly applied to the
largest land owning sector in the county. Fifty eight per cent of the county land is in production agriculture. This is
the highest rate of any county in the state. Government should be ready to shoulder some inconvenience of delaying
or avoiding any property tax rate increase. We need to understand in this economic climate, there is no more money
in the tax paying well, especially in agriculture.

                      YATES COUNTY LEGISLATURE URGES THE FEDERAL
                   GOVERNMENT TO IMPLEMENT IMMEDIATE ACTIONS TO HELP
                         RELIEVE THE CURRENT DAIRY FISCAL CRISIS

         WHEREAS, Yates County is very concerned about the current dairy fiscal crisis; and

          WHEREAS, Yates County recognizes that the following measures are needed to help to provide some
relief from the economic challenges facing New York State's dairy farmers and to preserve local dairy production
ensuring the availability of fresh, safe, high-quality, nutritious, and affordable milk and dairy products; and

        WHEREAS, Yates County knows that dairy producers are struggling to meet their financial commitments
because of historically low milk prices coupled with erratically high energy, feed and fertilizer costs; and

         WHEREAS, Yates County knows that the bleak economic climate has softened demand for dairy products
in both domestic and foreign markets, creating a surplus of dairy products in the marketplace, thereby driving down
dairy commodity prices even further; and

           WHEREAS, Yates County realizes that many well-run dairy farms will not be able to continue in business
in this fiscal climate unless immediate, decisive, meaningful government action is taken; and

       WHEREAS, Yates County recognizes that the following measures are needed to help maintain the
economic backbone of New York's rural communities and agricultural infrastructure;

        NOW THEREFORE BE IT RESOLVED, the Yates County Legislature hereby resolves that the following
measures be implemented as soon as possible:
    Provide immediate, additional funding for increased payments to dairy farmers from the Milk Income Loss
        Contract ("MILC") program;
    Urge the USDA to move dairy commodities off the domestic market as quickly as
        possible by fully utilizing the Dairy Export Incentive Program ("DEIP") and the Food for Peace Program;
    Urge the USDA to take immediate administrative action to increase temporarily the product price levels in
        the Dairy Product Price Support Program ("DPPSP");
    Urge the USDA to make immediate dairy product purchases for WIC and other
        nutrition programs which received large increases in funding from the Federal
        stimulus package; and be it further




         RESOLVED, That the Clerk of this Board, be hereby directed to forward certified copies of this resolution
to President Barack Obama, United States Senators Charles Schumer and Kirsten Gillibrand, United States
Congressman Eric Massa, all of the counties of New York State, New York State Association of Counties, Inter-
County of Western New York, and all others deemed appropriate and necessary.

YATES COUNTY]
LEGISLATURE]
168                                     PROCEEDINGS OF THE LEGISLATURE


      PENN YAN, N.Y. ]

      THIS IS TO CERTIFY that I, the undersigned Clerk of the Legislature of the County of Yates, have compared the
      foregoing copy of resolution with the original resolution now on file in the office and which was passed by the
      Legislature of the said County, on the 10th day of August, 2009 a majority of all the members elected to the
      Legislature voted in favor thereof, and that the same is correct and true of such original resolution and of the whole
      thereof.

      IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the Yates County Legislature, this
      the 10th day of August, 2009.
      VOTE: Unanimous
                                         RESOLUTION NO. 311-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

                AUTHORIZE CHAIRMAN TO SIGN DOCUMENTS RELATING TO THE TRANSFER
                             OF REAL PROPERTY TO THE TOWN OF MILO

       WHEREAS, the County owns a small strip of real property, approximately .10 of an acre, located in the
      Town of Milo which it acquired through a tax foreclosure; and

        WHEREAS, the Town of Milo wishes to purchase said real property in order to facilitate the installation
      of water lines in the Himrod Water District; and

       NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature does hereby authorize the
      Chairman of the Legislature to sign all documents relating to the sale of such real property to the Town of
      Milo.

       RESOLVED, that copies of this resolution be given to the County Administrator and the County
      Attorney.
      VOTE: Unanimous
                                               RESOLUTION NO. 312-09


      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.
      This is not a new tax, it is a renewal.


         RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF YATES, INCREASING TAXES ON
          SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, ON
        OCCUPANCY OF HOTEL ROOMS AND ON AMUSEMENT CHARGES, PURSUANT TO ARTICLE 29
                          OF THE TAX LAW OF THE STATE OF NEW YORK.

      Be it enacted by the Legislature of the County of Yates, as follows:

      SECTION 1. Section 4-A of Resolution No. 112-67, enacted by the Yates County Legislature on November 20,
      1967, imposing sales and compensating use taxes, is amended to read as follows:

      SECTION 4-A. Imposition of additional rate of sales and compensating use taxes.

               Pursuant to the authority of section 1210 of the Tax Law, in addition to the sales and compensating use
      taxes imposed by sections 2 and 4 of this resolution, there is hereby imposed and there shall be paid an additional
      one percent rate of such sales and compensating use taxes, for the period beginning September 1, 2003, and ending
      November 30, 2011. Such additional taxes shall be identical to the taxes imposed by such sections 2 and 4 and shall
      be administered and collected in the same manner as such taxes. All of the provisions of this resolution relating to
                                PROCEEDINGS OF THE LEGISLATURE                                                         169


or applicable to the administration and collection of the taxes imposed by such sections 2 and 4 shall apply to the
additional taxes imposed by this section, including the applicable transitional provisions, limitations, special
provisions, exemptions, exclusions, refunds and credits as are set forth in this resolution, with the same force and
effect as if those provisions had been incorporated in full into this section and had expressly referred to the
additional taxes imposed by this section.

SECTION 2. Paragraph (B) of subdivision (1) of section 11 of Resolution No. 112-67, enacted by the Yates County
Legislature on November 20, 1967, imposing sales and use taxes, is amended to read as follows:

         (B)With respect to the additional tax of one percent imposed for the period beginning September 1, 2003,
         and ending November 30, 2011, in respect to the use of property used by the purchaser in this county prior
         to September 1, 2003.

SECTION 3. This enactment shall take effect on December 1, 2009.
VOTE: Unanimous
                                         RESOLUTION NO. 313-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Banach.

              AUTHORIZE CHAIRMAN TO SIGN AN AGREEMENT WITH DAVIS-ULMER

 WHEREAS, the annual inspection and test on the automatic fire detection systems in the Courthouse, County
Office Building and Buildings & Grounds facilities is due, and

         WHEREAS, Siemens Building Technology, the installer of said systems is getting out of the automatic fire
detection business and no longer performs such inspections and tests, and

         WHEREAS, the Building Maintenance Supervisor has researched other possible contractors who perform
inspection and tests on Siemens equipment. Davis-Ulmer is the only one found to be qualified and trained to
perform inspections, tests and service on Siemens Automatic Fire Detection equipment & systems.

  NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an
agreement with Davis-Ulmer to perform the annual inspection and test on the automatic fire detection systems in the
Courthouse, County Office Building and the Buildings & Grounds facility for a total sum of $4,875.00.
VOTE: Unanimous
                                          RESOLUTION NO. 314-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Willson.

 AUTHORIZE CHAIRMAN TO SIGN CONTRACT WITH PEERLESS WINDOW WASHING TO WASH
                                 WINDOWS

  WHEREAS, the Building Maintenance Supervisor sent out RFP‟s to have the exterior windows and glass cleaned
and washed on the County Office Bldg., the Courthouse and the Buildings & Grounds. facility, and

         WHEREAS, the following bids were received:

           Canandaigua Window Cleaning: $ 3,300.00
           Peerless Window Washing $ 3,672.00
           Phil Cooke      No Bid

          WHEREAS, Canandaigua Window Cleaning is unable to provide Yates County the required insurance
certificates.
170                                   PROCEEDINGS OF THE LEGISLATURE


              NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an
      agreement with Peerless Window Washing for the total sum of $3,672.00 to clean and wash all windows and glass
      on the County Office Bldg., the Courthouse and the Buildings. & Grounds. facility.
      VOTE: Roll Call – Alexander, Willson, Dennis, House, Paddock, Fitch, Banach, Taylor, Nielsen, J. Multer, Holgate,
      R. Multer voting “Yes” Flood voting “No” motion carried

                                                  RESOLUTION NO. 315-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mrs. Taylor.
      DISCUSSION: Mrs. Alexander explained that the funding for this will be taken from the Communication Reserve
      Fund which was created in 1999 for the purpose of upgrading and improving our communications services. We have
      had a long standing communication problem with the low band radio system for the EMS and fire and this will
      hopefully correct the problem.

                                    AUTHORIZE SHERIFF TO ACCEPT PROPOSAL
                                     FOR RADIO TOWER SITE REPAIR SERVICES

             NOW, THEREFORE BE IT RESOLVED, that the Sheriff may accept proposal #FO-331406590899
      consistent to state bid OGS #PT62495 from Motorola in an amount not to exceed $58,000 for the repair and
      optimization of the Low Band Radio Simulcast System, and be it

           RESOLVED, that the Treasurer, is authorized to appropriate an amount not to exceed $58,000 from the
      communication project account created per Res. 561-99, and be it further

             RESOLVED, that copies of this resolution are provided the Treasurer, Budget Officer, OEM Director, and
      the Sheriff.
      VOTE: Unanimous
                                                    RESOLUTION NO. 316-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielsen.
      DISCUSSION: Mrs. Flood clarified this is a place where people can rent, and they are only going to rent to seniors
      so it‟s exclusive senior house, and there isn‟t a not-for-profit that will feed it, but it‟s going to get financial
      assistance in the way of foregoing, certain sales and use taxes, real estate transfer taxes, mortgage recording taxes
      and real property taxes.

                AUTHORIZE THE CHAIRMAN OF THE COUNTY LEGISLATURE TO EXECUTE A
       CERTIFICATE RELATING TO THE UNDERTAKING OF THE TLM EXCAVATING & ASSOCIATES
               PROJECT BY THE YATES COUNTY INDUSTRIAL DEVELOPMENT AGENCY.

               WHEREAS, pursuant to Article 18-A of the General Municipal Law of the State of New York and Chapter
      113 of the Laws of 1975 of the State of New York (herein collectively called the “Act”), the County Legislature of
      Yates County, New York (the “County Legislature”) has heretofore appointed the Chairman and members of the
      Yates County Industrial Development Agency (the “Agency”) and has duly caused to be filed in the office of the
      Secretary of the State of New York the certificates required by Section 856 of the General Municipal Law of the
      State of New York; and

                WHEREAS, to accomplish its stated purposes, the Agency is authorized and empowered under the Act to
      issue or execute, as the case may be, industrial development revenue bonds or other obligations to finance the cost of
      the acquisition, construction, reconstruction and installation of one or more “projects” (as defined in the Act), to
      acquire, construct, reconstruct and install said projects or to cause said projects to be acquired, constructed,
      reconstructed and installed, and to convey said projects or to lease said projects with the obligation to purchase; and

               WHEREAS, in March, 2009, Timothy L. McMichael, d/b/a TLM Excavating & Associates (hereinafter
      referred to as the “Company”) submitted an application (the “Application” ) to the Agency, a copy of which
      Application is on file at the office of the Agency, which Application requested that the Agency consider undertaking
      a project (the “Project”) for the benefit of the Company, said Project consisting of the following: (A) (1) the
                                PROCEEDINGS OF THE LEGISLATURE                                                             171


acquisition of an interest in a parcel of land containing approximately 4.28 acres of real estate and located at Skyline
Drive in the Town of Jerusalem, Yates County, New York (Tax Map ID # 72.82-1-11) (the “Land”), (2) the
construction of four (4) duplex rental housing units, containing, in the aggregate, approximately 8,000 square feet of
space (collectively, the “Facility”), and (3) the acquisition and installation thereon and therein of various machinery
and equipment (the “Equipment”) (the Land, the Facility and the Equipment hereinafter collectively referred to as
the “Project Facility”), all of the foregoing to constitute a commercial facility to be owned and operated by the
Company as a rental housing facility and other directly and indirectly related activities; (B) the granting of certain
“financial assistance” (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including
potential exemptions from certain sales and use taxes, real estate transfer taxes, mortgage recording taxes and real
property taxes (the “Financial Assistance”); and (C) the lease (with an obligation to purchase) or sale of the Project
Facility to the Company or such other person as may be designated by the Company and agreed upon by the
Agency; and

         WHEREAS, the Agency has given due consideration to the Application, and to representations by the
Company that (A) the granting by the Agency of the Financial Assistance with respect to the Project will be an
inducement to the Company to undertake the Project in Yates County, New York and (B) the completion of the
Project will not result in the removal of a plant or facility of any proposed occupant of the Project Facility from one
area of the State of New York to another area in the State of New York and will not result in the abandonment of
one or more plants or facilities of any occupant of the Project Facility; and

        WHEREAS, Section 862(2) of the Act provides that no financial assistance of the Agency shall be
provided in respect of any project where facilities or property that are primarily used in making retail sales to
customers who personally visit such facilities constitute more than one-third of the total project cost; and

           WHEREAS, by resolution adopted by the members of the Agency on April 22, 2009 (the “Commercial
Finding Resolution”), the Agency determined (A) that the Project constitutes a “commercial” project within the
meaning of the Act, (B) that the Project would serve the public purposes of the Act by preserving permanent private
sector jobs in the State of New York and (C) that although the Project Facility appears to constitute a project where
facilities or property that are primarily used in making retail sales of goods or services to customers who personally
visit such facilities may constitute more than one-third of the costs of the Project, the Agency is authorized to
provide financial assistance in respect of the Project pursuant to Section 862(2)(b) of the Act because the Project
makes available goods or services which would not, but for the Project be reasonably accessible to the residents of
the Town of Jerusalem, Yates County, New York; and

          WHEREAS, pursuant to Section 862(2) of the Act, prior to providing any Financial Assistance to the
Project, the Chairman of the Yates County Legislature, as the chief executive officer of Yates County, must confirm
the proposed action of the Agency; and

          WHEREAS, Section 870 of the General Municipal Law of the State of New York specifically provides that
any obligation of the Agency shall not be a debt of Yates County, New York, nor shall Yates County, New York be
liable thereon; and

         WHEREAS, the County Legislature desires to authorize the Chairman of the County Legislature to confirm
the proposed action of the Agency relating to the Project;




           NOW, THEREFORE, BE IT RESOLVED by the County Legislature of Yates County, New York as
follows:

         Section 1. For the sole purpose of satisfying the requirements of Section 862(2) of the Act, the County
Legislature, as the elected legislative body of Yates County, New York, hereby authorizes the Chairman of the
County Legislature to execute a certificate confirming the proposed action by the Agency relating to the Project;
172                                        PROCEEDINGS OF THE LEGISLATURE


      provided, however, that such action by the County Legislature, and the execution and delivery by the Chairman of
      the County Legislature of such certificate, shall never be a debt of the State of New York, Yates County, New York
      or any political subdivision thereof (other than the Agency), and neither the State of New York, Yates County, New
      York nor any political subdivision thereof (other than the Agency) shall be liable thereon.

                   Section 2. This resolution shall take effect immediately.

                   The resolution was duly seconded by Legislator Nielsen and the resolution was duly adopted by a vote on
      roll call.


                   The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

                            AYES: 12 NAYS: 1 ABSENT: 1

      STATE OF NEW YORK)
      COUNTY OF YATES)


              I, the undersigned Clerk of the County Legislature of Yates County, New York, DO HEREBY CERTIFY
      that the preceding Resolution was duly adopted by the County Legislature of Yates County, New York at a regular
      meeting of the said County Legislature duly called and held on August 10, 2009; that said Resolution was entered in
      the minutes of said meeting; and that I have compared the foregoing copy with the original thereof now on file in my
      office and that the same is a true and correct transcript of said Resolution and of the whole thereof.

             I FURTHER CERTIFY that (i) all members of the County Legislature had due notice of said meeting, (ii)
      said meeting was in all respects duly held, (iii) pursuant to Article 7 of the Public Officers Law (the “Open Meetings
      Law”), said meeting was open to the general public, and public notice of the time and place of said meeting was
      duly given to the public and the news media as required by the Open Meetings Law, and (iv) there was a quorum of
      the members of the County Legislature present throughout said meeting.

             I FURTHER CERTIFY that, as of the date hereof, the attached resolution is in full force and effect and has
      not been amended, repealed or rescinded.

             IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of Yates County, New York this
      10 day of August, 2009.
                                                                        Connie Hayes
                                                                        Clerk of the County Legislature of
                                                                        Yates County, New York
      VOTE: Roll Call - Alexander, Willson, Dennis, House, Paddock, Fitch, Banach, Taylor, Nielsen, J. Multer,
      Holgate, R. Multer voting “Yes” Flood voting “No” motion carried

                                                       RESOLUTION NO. 317-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Holgate.



                                                    RESCIND RESOLUTION 292-09

        WHEREAS, it has been determined that additional information is needed before the amendment can take place,

       BE IT RESOLVED, that resolution 292-09 is hereby rescinded. Amend 2009 Contract With Soldiers And Sailors
      Memorial Hospital
      VOTE: Unanimous
                                 PROCEEDINGS OF THE LEGISLATURE                                                    173


Dale Land invited the legislature to a the Finger Lakes Visitors Association meet and greet to be held at the
Esperanza Mansion on August 18, 2009 at 6:00 p.m.

Pat Galvin questioned the reference to Flint Creek and asked what that was. Dr. Dennis explained that it is a
cooperative agreement between Ontario and Yates Counties and deals with the preservation of the muck land. It is
privately funded.

Meeting adjourned at 1:55 p.m.
174                                   PROCEEDINGS OF THE LEGISLATURE



                                 REGULAR SESSION – MONDAY, SEPTEMBER 14, 2009

      The Yates County Legislature convened in regular session, Monday, September 14, 2009 in the Legislative
      Chambers at 1:00 p.m., Chairman Robert Multer presiding.

      Minutes of the August 10th meeting were approved as presented.

      Chairman Multer asked for a report of the auditing committees they were approved as presented.

      Airport Fund                               $   113,869.87
      Finance                                    $    15,134.93
      Flint Creek                                $     3,936.46
      Government Operations                      $    72,827.68
      Human Services                             $   355,800.04
      Prior to Audit                             $   389,265.17
      Public Safety                              $   112,838.71
      Public Works                               $   110,939.33

      COMMITTEE REPORTS
      Mrs. Alexander thanked Dr. Dennis for bringing forward the Dairy resolution last month. Mrs. Alexander stated
      that she took the resolution to inter-county and she has never seen a resolution pass with such enthusiasm.

      Dr. Dennis thanked the Board of Elections for going out of their way with their trailer and demonstrations. They
      have spent a lot of Saturdays, Sundays, and evenings going all over the county doing the very best they could with
      getting information out on how the new voting machines are going to work. Dr. Dennis stated that he appreciates
      the amount of work they have done.

      Mr. Fitch thanked Cooperative Extension for the wonderful lunch they put on today. They are a very valuable asset
      to Yates County and our farming community.

      Mr. Fitch went on to report that Casella Waste Management was called and they are going to close the Tuesday drop
      off day at the transfer station as of September 29 th.

      Mr. Fitch feels this is wrong and feels it should be open 2 half days a week. Mr. Fitch urged people that are
      interested in having the transfer station open on Tuesdays to call Casella at 781-6500 and voice their concerns.

      Mr. Fitch stated that most of the Legislators received a letter from Assemblyman, Brian Kolb. Assemblyman Kolb
      is interested in introducing legislation for a people‟s convention to reform New York State. Mr. Fitch is in support
      of this and explained that the next scheduled vote on the convention is in 2017 and Assemblyman Kolb would like
      to vote in 2011. Mr. Fitch urged county legislators to consider support of the earlier date, if not today, then at the
      October meeting.

      Mrs. Flood reminded everyone that the census is coming up and it is important that everyone be counted as this is
      how the formula for federal funds is determined.

      County Administrator, Sarah Purdy took this time to express her extreme gratitude to the Yates County Legislature
      for being supportative of her endeavors to get onto the NYSAC Board and work her way up through the ranks to the
      Executive Committee and for the past year serving as president. It has been a real honor and is going to stand as one
      of my greatest professional achievements. She has learned a lot and had the opportunity to meet people around the
      State that otherwise would not have met. Sarah went on to say that hopefully the position of County Administrator
      within the State of New York is also thought of a tad bit more professionally.
                                PROCEEDINGS OF THE LEGISLATURE                                                           175


Chairman Multer stated that the Legislature owes her a vote of thanks also. As you know NYSAC is a great
advocate to the counties, in advocating reducing and preventing some of the state mandates that come down.

Chairman Multer presented the following proclamation.

                                  CONSTITUTION WEEK PROCLAMATION
                                         SEPTEMBER 17-23, 2008

  WHEREAS, Our founding fathers, in order to secure the blessings of liberty for themselves and their posterity, did
ordain and establish a Constitution for the United States Of America; and

  WHEREAS, It is of the greatest importance that all citizens fully understand the provisions and principles
contained in the Constitution in order to effectively support, preserve and defend it against all enemies; and

  WHEREAS, the two hundred eighteenth anniversary of the Signing of the Constitution provides an historic
opportunity for all Americans to remember the achievements of the Framers of the Constitution and the rights,
privileges, and responsibilities they afforded us in this unique document, and

  WHEREAS, the independence guaranteed in American citizens, whether by birth or naturalization, should be
celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as
designated by proclamation of the President of the United States of America in accordance with Public Law 915,

  NOW, THEREFORE, I Robert Multer, Chairman of the Yates County Legislature, State of New York, do hereby
proclaim the week of September 17 through 23rd as Constitution Week in the County of Yates, and urge all citizens
to reflect during the week on the many benefits of our Federal Constitution and the privileges and responsibilities of
American Citizenship

Carl Schwartz and Lynn Thurston from the Finger Lakes Visitors Association (FLVA) gave a brief presentation on
the FLVA and what their goals are.

Ms. Thurston reviewed the FLVA website that has been developed showing where visitors can obtain information
on sleeping accommodations, eating establishments, events that are going on, sites to see and shopping facilities.

Mr. Schwartz explained that what is being experience right now in the world of retail and businesses that are
dependent on visitors is that surrounding counties are out spending Yates County. Mr. Schwartz explained that the
FLVA has put in a lot of time and research on tourism and has developed a strategic plan establishing goals which
follow.
      A Marketing Director is needed here in Yates County whose sole purpose is to bring tourist into Yates
        County.
      Build a web page that is directed toward promoting tourism
      More events are needed around the County. The FLVA hopes to come up with 20 new events over a 5 year
        plan
      More signage is needed
      Encourage new business that would serve in the tourism area. The FLVA would be looking for 25 new
        businesses over the 5 year plan

Mr. Schwartz stated that the FLVA would like to maintain a positive relationship with the Chamber. The Chamber
does not mention the tourism side in their own strategic plan and the FLVA would like to be the one to handle this.

Mr. Schwartz reported that the FLVA Finance Committee met last week and discussed how the members contribute
financially to the FLVA. The budget proposal that was submitted was for $400,000.
176                                   PROCEEDINGS OF THE LEGISLATURE


       More specifics regarding the budget will be brought forward as the FLVA moves forward. The FLVA feels that
      they will be bringing more dollars in terms of investment to the FLVA as its members than they are asking for from
      the County which is $150,000.

      Mr. Paddock questioned what the county might expect over the next several years in terms of funding?

      Mr. Wegman explained that they anticipate their budget growing and the occupancy tax revenue growing and
      thereby they would expect the county request to increase.

      Dr. Dennis questioned the FLVA members in regards to the occupancy tax. Dr. Dennis explained that some of the
      members of the FLVA were involved in a law suit against the county which cost the taxpayers approximately
      $70,000 and they have pledged to repeal the occupancy tax.

      Mr. Wegman explained that is a separate agenda that is not the FLVA‟s intent. They are non-political and want to
      make it clear that they are not here to repeal the occupancy tax.

      Dr. Dennis questioned the duplication of service. Would it be the intent of the FLVA that the three agencies the
      County currently fund receive no funding and that the FLVA receive the funding instead.

      Mr. Schwartz explained that FLVA would not tell the Legislature how to appropriate funding. They honor the
      current process that is in place and it is the Legislature‟s decision. The FLVA feels that the investment in tourism
      will in turn return those dollars. Surrounding counties are out spending Yates County. They wouldn‟t be doing this
      if they weren‟t seeing a return on their investment.

      Mr. Schwartz went on to explain that after the County Finance Committee he researched the issue a little further
      pertaining to their members. Mr. Schwartz stated that he received and email from Brian Zerges stating that he has
      always been in favor of the occupancy tax on hotel/motels and B&B‟s but not the vacation rentals.


      Chairman Multer questioned if part of the FLVA‟s budget included being designated the County‟s tourist promotion
      agency (TPA).

      Mr. Schwartz stated that they FLVA‟s sole purpose would be to promote tourism, so yes they would want the
      designation.

      Ms. Purdy questioned if the $400,000 that was identified as the FLVA‟s budget included being the TPA? Mr.
      Schwartz stated that it did but this was later corrected by Mr. Wegman that it did not.

      Mrs. Flood stated that she brought up the issue about the workforce in the county at the Finance meeting and she
      still has concerns with that. With regards to the $150,000 that is being requested, what amount could the FLVA live
      with, what is the bare bones amount if the $150,000 is not available?

      Mr. Schwartz stated that the members of the FLVA have invested so much into this and they just have not thought
      way. They are looking at getting out there and making an impact and in some ways it‟s too little too late to come at
      tourism this way.

      Dr. Dennis questioned if the FLVA is prepared to show the Legislature a spreadsheet or some kind of a document
      that would show this is our goal and this where we are and how we go there.

      Mr. Schwartz stated they would be glad to be held accountable and happy to give the Legislature updates.

      Chairman Multer questioned how many paying members are there?

       Amber Degner explained that the FLVA has only been actively seeking members for a month. Currently, about
      70% of the people that she has spoken with have given a verbal commitment that they will become a member.
                                PROCEEDINGS OF THE LEGISLATURE                                                   177


Mr. Schwartz stated there are 68 businesses that have been identified specifically as tourism related. Of this
approximately 70% is on board.

A specific number of members was not given. Billing for membership has not taken place yet.

Ms. Purdy questioned if the FLVA did not get the TPA designation and if they received something less than the
$150,000 would that be a problem.

Mr. Schwartz expressed that whatever was received would be appreciated.

Mr. Paddock was out of the room.

                                           RESOLUTION NO. 293A-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.

                APPOINT MEMBER TO THE YATES COUNTY FIRE ADVISORY BOARD

  RESOLVED, that newly elected Benton Fire Chief Jerre Horning fulfills the remainder of Mark Martin‟s
appointment to the Yates County Fire Advisory Board for the term to expire 12/31/09.

 RESOLVED, that copies of this resolution be provided to Glen Miller, Emergency Management Coordinator.
VOTE: Unanimous
                                        RESOLUTION NO. 294A-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Dr. Dennis.

                                 AUTHORIZE PREMISES USE AGREEMENT

            NOW, THEREFORE, BE IT RESOLVED, that upon approval of the County Attorney the Sheriff may
sign a fifty dollar a day firearms range use of premises agreement with the Branchport Rod and Gun Club ending
December 31, 2010, and

        RESOLVED, that a copy be provided the Treasurer and Sheriff.
VOTE: Unanimous
                                    RESOLUTION NO. 295A-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                     AUTHORIZE SHERIFF TO SIGN SCHOOL RESOURCE OFFICER
                             MOU WITH DUNDEE CENTRAL SCHOOL

           NOW, THEREFORE, BE IT RESOLVED, that upon the approval of the County Attorney the Sheriff
may sign the School Resource Officer MOU with the Dundee Central School for the 2009-10 school year of 182
days, and

        RESOLVED, that a copy be provided the Treasurer and Sheriff.
VOTE: Unanimous

Mr. Paddock attended at this time.

                                           RESOLUTION NO. 296A-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Dr. Dennis.
DISCUSSION: Dr. Dennis wanted to make sure people are aware that the County does have their own animal
control officer and the Humane Society does not provide those services.
178                                   PROCEEDINGS OF THE LEGISLATURE



                            AUTHORIZE SHERIFF TO EXTEND CONTRACT
               WITH HUMANE SOCIETY OF YATES COUNTY FOR ANIMAL CONTROL SERVICES

                 NOW, THEREFORE, BE IT RESOLVED, that per the terms of the current contract that it may be
      extended under the same terms for up to two years and the Sheriff is authorize to extend the current control for one
      year through December 31, 2010 under the same terms for services and costs, and

                RESOLVED, that a copy of this be provided the Executive Director of the Humane Society of Yates
      County Donald Cass, the Budget Officer, Treasurer, and Sheriff.
      VOTE: Unanimous
                                               RESOLUTION NO. 297A-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Fitch.

                               AMEND RESOLUTIONS #508-08 and #73-09 (CORONERS)

       WHEREAS, the four elected county Coroners were previously paid via voucher as independents, and it has been
      determined that said Coroners should be part-time employees under IRS Guidelines and to therefore be eligible for
      participation in the NYS Retirement Systems, and to be included under the County‟s liability and Workers‟
      Compensation insurance,

       NOW, THEREFORE, BE IT RESOLVED that effective the payroll period starting September 20, 2009 Resolution
      No. 508-08 – Adopt 2009 Hourly Salary Schedule is hereby amended to add the following position:

         Part-Time Coroner                  $85. Per case
      and be it

       RESOLVED, that Resolution 73-09 is hereby amended to add the position of Coroner to Group I of the 2009
      Employee Benefits for Non-Union Personnel, and be it further

              RESOLVED, that said Coroner employees shall per County Law Section 671 sub (2) are
      herein directed to submit no less than monthly, for payroll certification purposes, a claim for case
      payment and attach as verification a copy of the approved death investigation first page of report
      to the Yates County Sheriff‟s Office for payroll processing purposes, and be it further
        RESOLVED, that copies of this resolution be given to the Sheriff, Personnel Officer, Treasurer, Budget Officer,
      and all Coroners.
      VOTE: Unanimous
                                               RESOLUTION NO. 298A-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

        AUTHORIZE SHERIFF TO EXTEND CENTRAL NEW YORK PSYCHIATRIC CENTER SECURITY
                              AGREEMENT WITH ONEIDA COUNTY

              NOW, THEREFORE, BE IT RESOLVED, that the Sheriff is authorized to extend the current agreement
      expiring December 31, 2009 between the sheriff and county with Oneida County and its Sheriff for security at the
      Central New York Psychiatric Center costs of $140 a day to extend said terms via written letter with costs remaining
      the same through December 31, 2010, and

            RESOLVED, that a copy of this resolution be provided the Sheriff, Clerk of the Board, and Treasurer.
      VOTE: Unanimous
                                            RESOLUTION NO. 299A-09
                                PROCEEDINGS OF THE LEGISLATURE                                                        179


Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                                       DECLARE SURPLUS PROPERTY

         NOW, THEREFORE, BE IT RESOLVED, that “Master Station” base radios and related equipment
currently stored within the Sherman Hill tower main building which have not been used in a decade, and no longer
intended for county use or need are hereby declared surplus property and the Sheriff is authorized to dispose of at
fair market value as credit on communication costs, and shall document the removal from inventory and their
disposition information, and

      RESOLVED, that the Sheriff and Treasurer shall be provided a copy of this resolution.
VOTE: Unanimous
                                     RESOLUTION NO. 300A-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

            SIGN AGREEMENT WITH A&E MEDICAL TRANSPORTATION SERVICES, INC.

  RESOLVED, that the Chairman is authorized to sign an agreement with A&E Medical Transportation Services,
Inc. for transportation of developmentally delayed preschoolers for the period September 1, 2009 through August
31, 2010 at the following rates:

   To and from Happiness House Geneva site $179.36 per child per day
   To and from Happiness House Canandaigua $179.36 per child per day
   To and from Keuka Lake School $38.64 per child per day

and be it further

  RESOLVED, that the County reserves the option to renew this contract for no more than four (4) one year periods,
and be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
VOTE: Unanimous

                                           RESOLUTION NO. 301A-09

Mr. Paddock offered resolutions 301A and 302A-09 and moved their adoption, seconded by Mrs. Alexander.

                          AMEND AGREEMENT WITH COMMUNITY SERVICES

  WHEREAS, the Yates County Public Health office has received notice of a COLA increase from the Department
of Community Services of $234 for the Transitional Case Management program in 2009, now, therefore be it

 RESOLVED, that the Chairman is hereby authorized to sign an amended Agreement between Community
Services & Public Health that reflects the COLA, and be it further

 RESOLVED, that a copy of this resolution be sent to the Yates County Treasurer, Community Services & the
Public Health office.
VOTE: Unanimous




                                           RESOLUTION NO. 302A-09

         AMEND RESOLUTION NUMBER 290-09 AGREEMENT WITH MARGARET BRINN, RN
180                                  PROCEEDINGS OF THE LEGISLATURE



        RESOLVED, that the Chairman is hereby authorized to amend an agreement with Margaret Brinn, RN to include
      reimbursement of travel expenses and mileage out of the county, contingent on grant funding, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 303A-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                                  SIGN AGREEMENT WITH CHRISTINE SMITH, RN

       RESOLVED, that the Chairman is hereby authorized to sign an agreement with Christine Smith, RN to provide
      Skilled Nursing services to home care patients as needed at the following all-inclusive rates:

                                  For the period September 14, 2009 – September 30, 2010:

                                                 $40/visit for re-visits
                                                 $45/visit for holiday re-visits
                                                 $80/visit for Admissions
                                                 $90/visit for Holiday Admissions
                                                 $1.80 per hour on-call duty for weekdays
                                                 $4.00 per hour on-call duty for weekends and holidays

      and, be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and to the Yates County Treasurer.
      VOTE: Unanimous

                                                 RESOLUTION NO. 304A-09

      Mr. Paddock offered the following resolution and moved its adoption seconded by Mr. Willson.

                           SIGN AGREEMENT WITH McCARTHY and CONLON, LLP FOR
                                        ACCOUNTING SERVICES

        RESOLVED, that the Chairman is hereby authorized to sign an Agreement with McCarthy and Conlon, LLP for
      accounting services for the Home Care Program in the Public Health Office for cost reporting years 2010 and 2011
      at a cost of $15,900 payable upon satisfactory completion of specified cost reports and audits as outlined in Mr.
      McCarthy‟s proposal and up to $1,800 for completion of the Diagnostic and Treatment Center (AHCF-1)cost report,
      with and additional fee of $6,00 if the AHCF-1 requires an audit, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health Office and the Yates County Treasurer.
      VOTE: Unanimous
                                             RESOLUTION NO. 305A-09
      Mr. Paddock offered resolutions 305A thru 310A-09 and moved their adoption,
      seconded by Mrs. Flood.
       AUTHORIZE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE DIRECTOR/DESIGNEE
        OF COMMUNITY SERVICES TO SIGN AN AMENDED 2009 AGREEMENT WITH KINSHIP FAMILY
                                                AND YOUTH SERVICES
              WHEREAS, Yates County and the Yates County Department of Community
      Services wish to amend the 2009 AGREEMENT with Kinship Family and Youth
      Services and
                              PROCEEDINGS OF THE LEGISLATURE                                               181


        WHEREAS, there is an additional $329.00 for recreation and $901.00 for
home-based intervention, which is 100% New York State Office of Mental Health
funds, and

        WHEREAS, the term of the AGREEMENT is January 1, 2009 through December
31, 2009,

        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County
Legislature and the Director/Designee of Community Services be authorized to
sign an amended AGREEMENT with Kinship Family and Youth Services, and be it
further,

      RESOLVED, that copies of this Resolution be provided to the Yates County
Treasurer, Kinship Family and Youth Services, and the Yates County Department of
Community Services.
VOTE: Unanimous
                                        RESOLUTION NO. 306A-09

 AUTHORIZE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE DIRECTOR/DESIGNEE
   OF COMMUNITY SERVICES TO SIGN AN AMENDED 2009 AGREEMENT WITH FINGERLAKES
                                PARENT NETWORK

        WHEREAS, Yates County and the Yates County Department of Community
Services wish to amend the 2009 AGREEMENT with Finger Lakes Parent Network
and

        WHEREAS, there is an additional $37800 for family support program
which is 100% New York State Office of Mental Health funds, and

        WHEREAS, the term of the AGREEMENT is January 1, 2009 through December
31, 2009,

        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County
Legislature and the Director/Designee of Community Services be authorized to
sign an amended AGREEMENT with Finger Lakes Parent Network, and be it
further,

        RESOLVED, that copies of this Resolution be provided to the Yates County Treasurer, Finger Lakes
Parent Network, and the Yates County Department of Community Services
VOTE: Unanimous

                                       RESOLUTION NO. 307A-09

 AUTHORIZE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE DIRECTOR/DESIGNEE
    OF COMMUNITY SERVICES TO SIGN AN AMENDED 2009 AGREEMENT WITH CRESTWOOD
                               CHILDREN’S CENTER

        WHEREAS, Yates County and the Yates County Department of Community
Services wish to amend the 2009 AGREEMENT with Crestwood Children’s Center
and

        WHEREAS, there is an additional $397.00 for community based
intervention which is 100% New York State Office of Mental Health funds, and

        WHEREAS, the term of the AGREEMENT is January 1, 2009 through December
31, 2009,
182                          PROCEEDINGS OF THE LEGISLATURE



              NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County
      Legislature and the Director/Designee of Community Services be authorized to
      sign an amended AGREEMENT with Crestwood Children’s Center, and be it
      further,

            RESOLVED, that copies of this Resolution be provided to the Yates County
      Treasurer, Crestwood Children‟s Center, and the Yates County Department of
      Community Services.
      VOTE: Unanimous
                                     RESOLUTION NO. 308A-09

       AUTHORIZE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE DIRECTOR/DESIGNEE
      OF COMMUNITY SERVICES TO SIGN AN AMENDED 2009 AGREEMENT WITH THE YATES COUNTY
                                      CHAPTER NYSARC

              WHEREAS, Yates County and the Yates County Department of Community
      Services wish to amend the 2009 AGREEMENT with the Yates County Chapter
      NYSARC, and

              WHEREAS, there is an additional ($938.00 for transitional employment
      program; $360.00 for client worker program; and $501.00 for integrated
      supported employment which is 100% New York State Office of Mental Health
      funds, and

              WHEREAS, the term of the AGREEMENT is January 1, 2009 through December
      31, 2009,

              NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County
      Legislature and the Director/Designee of Community Services be authorized to
      sign an amended AGREEMENT with the Yates County Chapter NYSARC, and be it
      further,
            RESOLVED, that copies of this Resolution be provided to the Yates County
      Treasurer, Yates County Chapter NYSARC, and the Yates County Department of
      Community Services.
      VOTE: Unanimous
                                RESOLUTION NO. 309A-09 (Withdrawn)

       AUTHORIZE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE DIRECTOR/DESIGNEE
         OF COMMUNITY SERVICES TO SIGN AN AMENDED 2009 AGREEMENT WITH SOLDIERS AND
                                      SAILORS HOSPITAL

              WHEREAS, Yates County and the Yates County Department of Community
      Services wish to amend the 2009 AGREEMENT with Soldiers and Sailors Hospital
      and

              WHEREAS, there is an additional $75,892.00 for clinic treatment;
      $8,144.00 for crisis outreach; $7,700.00 for advocacy; $1,968.00 for
      continuing day treatment; $10,000.00 for case management; and, $3,636.00 for
      case management service dollars which is 100% New York State Office of Mental
      Health funds, and

              WHEREAS, the term of the AGREEMENT is January 1, 2009 through December
      31, 2009,
                               PROCEEDINGS OF THE LEGISLATURE                                                          183


        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County
Legislature and the Director/Designee of Community Services be authorized to
sign an amended AGREEMENT with Soldiers and Sailors Hospital, and be it
further,

       RESOLVED, that copies of this Resolution be provided to the Yates County
Treasurer, Soldiers and Sailors Hospital, and the Yates County Department of Community
Services.
VOTE: Unanimous
                                          RESOLUTION NO. 310A-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Flood.

 AUTHORIZE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE DIRECTOR/DESIGNEE
   OF COMMUNITY SERVICES TO SIGN AN AMENDED 2009 AGREEMENT WITH THE LAKEVIEW
                             MENTAL HEALTH SERVICES
        WHEREAS, Yates County and the Yates County Department of Community
Services wish to amend the 2009 AGREEMENT with Lakeview Mental Health
Services and

        WHEREAS, there is an additional $217.00 for drop in program; $531.00
for social club program; and $136.00 for supported housing program which is
100% New York State Office of Mental Health funds, and

        WHEREAS, the term of the AGREEMENT is January 1, 2009 through December
31, 2009,

        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County
Legislature and the Director/Designee of Community Services be authorized to
sign an amended AGREEMENT with Lakeview Mental Health Services, and be it
further,

      RESOLVED, that copies of this Resolution be provided to the Yates County
Treasurer, Lakeview Mental Health Services, and the Yates County Department of
Community Services.
VOTE: Unanimous
                                          RESOLUTION NO. 311A-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

 AUTHORIZE GRANT ACCEPTANCE AND CONTRACT RENEWAL WITH NEW YORK STATE FOR
  POINT OF ENTRY ADMINISTRATION BY PRO-ACTION OF STEUBEN AND YATES COUNTIES,
                                     INC.

         WHEREAS, Yates County has received an allocation of $61,000 for round four funding for the
administration of the Point of Entry Long Term Care Initiative (2009-2010), and

         WHEREAS, Yates County serves as the financial pass through for this funding for the program
administrator, Pro-Action of Steuben and Yates, Inc (Yates Office for the Aging),

          NOW BE IT RESOLVED, that the Yates County Department of Social Services is authorized to accept this
allocation on behalf of Pro-Action, and sign a contract with the New York State Office for the Aging for the life of
this allocation, and further
184                                  PROCEEDINGS OF THE LEGISLATURE


             RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer‟s Office and the
      Department of Social Services.
      VOTE: Unanimous
                                            RESOLUTION NO. 312A-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Webster.

        AUTHORIZE CREDIT CARD FOR TRAINING/TRAVEL PURPOSED FOR THE DEPARTMENT OF
                                     SOCIAL SERVICES

               WHEREAS, the Department of Social Services is mandated to supply appropriate training opportunities to
      its employees as stipulated by state and federal legislation, and

               WHEREAS, much of this training occurs outside of the area with lodging and registration costs, it is
      desirable to be able to confirm lodging, registration and travel costs with a credit card to guarantee travel
      arrangements,

                NOW BE IT RESOLVED, the Department of Social Services is authorized to apply for a credit card,
      restricted for the purposes as stated above, and further

               RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department
      of Social Services.
      VOTE: Unanimous
                                              RESOLUTION NO. 313A-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

              AUTHORIZE CHAIRMAN TO SIGN ADMINISTRATIVE AGREEMENT (WIB)

              WHEREAS, The Workforce Investment Act (WIA) of 1998 requires an Administrative Agreement
      between the Chief Elected Officials and the Workforce Investment Board for the allocation of Title I Workforce
      Investment Act funds, and for the designation of the One Stop Operator(s);

                NOW, THEREFORE, BE IT RESOLVED, that the Chairman is hereby authorized to sign said agreement,
      and be it further,

        RESOLVED, that certified copies of this resolution be sent to The Finger Lakes Workforce Investment Board Inc.,
      and the Yates County Workforce Development Director.
      VOTE: Unanimous
                                               RESOLUTION NO. 314A-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Willson.




       AUTHORIZATION TO SIGN FINGER LAKES WORKFORCE INVESTMENT BOARD LOCAL PLAN
                                      MODIFICATION

        WHEREAS, it is required that the Finger Lakes Workforce Investment Board, submit a Local Plan Modification
      for the Program year 2009-2010, for Workforce Investment Act Title 1-B and Wagner Peyser Programs.

               WHEREAS, that 2009-2010 Local Plan Modification Plan submission requires Local Chief Elected
      Official Review and Approval,
                               PROCEEDINGS OF THE LEGISLATURE                                                        185


      NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the
2009-2010 Local Plan Modification Plan, and further

        RESOLVED, that certified copies of this resolution be sent to The Finger Lakes Workforce Investment
Board Inc., and the Yates County Workforce Development Director.
VOTE: Unanimous
                                        RESOLUTION NO. 315A-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Nielson.

     ACCEPT REQUEST FOR QUALIFICATION STATEMENT FOR YATES COUNTY AIRPORT
                           ENGINEERING CONSULTANT

  WHEREAS, Yates County will need to have an Airport Engineering Consultant to oversee and plan the
improvements for the Penn Yan – Yates County Airport, and

 WHEREAS, request for qualification statements were sought,

  NOW, THEREFORE BE IT RESOLVED, that the Yates County Legislature hereby accepts the qualification
statement from Passero Associates for a term of 5 years ending on 12/31/2014, and be it further

 RESOLVED, that a copy of this resolution be provided to the County Treasurer, the Airport Council, and Passero
Associates.
VOTE: Unanimous
                                        RESOLUTION NO. 316A-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Willson.

                              AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                                   (Systems Development Group, Inc.)

        RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract with Systems
Development Group, Inc. in the amount of $30,000.00, payable in four yearly installments of 7,500.00 each, for the
purchase and implementation of the Image Mate On-Line software system.

        RESOLVED, that copies of this resolution be given to the County Administrator, the Treasurer, and the
Real Property Tax Services Director.
VOTE: Unanimous
                                       RESOLUTION NO. 317A-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                 REVISE 2009 BUDGET EXPENDITURE LINE ITEM ACCOUNT TITLE

 WHEREAS, due to a name change of one of our vendors, account number A7310.4365 needs to appear as Youth-
Safe Harbors of the Finger Lakes rather than Youth-Rape & Abuse Crisis Services;

 NOW, THEREFORE, BE IT RESOLVED that the 2009 Budget on page 85 be changed to read as Youth-Safe
Harbors of the Finger Lakes and be it further

 RESOLVED, that copies of this resolution be given to the Workforce Development/Youth Bureau Director,
Budget Officer and County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 318A-09

Mr. Fitch offered resolutions 318A thru 322A-09 and moved their adoption, seconded by Mr. Paddock.
186                                 PROCEEDINGS OF THE LEGISLATURE



                                        APPROPRIATE YOUTH DONATIONS

       WHEREAS, the Yates County Youth Bureau has received donations in the amount of $250 and these funds are not
      part of the 2008 Budget;

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased:

       Appropriation
       A7310.4480 (Youth-Supplies-Program) $250


       Revenue
       A2704.0 (Donations-Youth)     $250

      and be it further

       RESOLVED, that a copy of this resolution be given to the Workforce Development/Youth Bureau Director,
      Budget Officer, and County Treasurer.
      VOTE: Unanimous

                                              RESOLUTION NO. 319A-09

                          APPROPRIATE FEDERAL REVENUE SALARY SHARING FUNDS
                                        (COMMUNITY SERVICES)

       WHEREAS, the Community Services Department has received funding of $12,503 from the Federal Salary
      Sharing program and these funds are not part of the 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $12,503:

       Appropriation
       A4320.4011 (Community Services-Consultants)

       Revenue
       A4490.0 (Federal Aid: MH Federal Salary Sharing)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Community Services Director, Budget Officer and
      County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 320A-09




                                    APPROPRIATE SUMMER YOUTH FUNDING
                                      (DEPARTMENT OF SOCIAL SERVICES)

       WHEREAS, the Yates County Department of Services received funding in the amount of $48,367 for the 2009
      Summer Youth program and these funds are not part of the 2009 budget;

       NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $48,367:

       Appropriation
                              PROCEEDINGS OF THE LEGISLATURE                                                       187


 A6010.4381 (DSS-Summer Youth Employment)

 Revenue
 A4610 (Federal Aid-Social Services Administration)

and be it further

 RESOLVED, that a copy of this resolution be given to the Director of Social Services, Budget Officer and County
Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 321A-09

                             APPROPRIATE PUBLIC HEALTH DONATIONS

 WHEREAS, the Yates County Public Health Office has received a donation from Arnot Health in the amount of
$137 to purchase a tobacco banner and these funds are not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased:

 Appropriation
 A4010.4115 (PH-Tobacco Prevention Program) $137

 Revenue
 A1689.0 (Donations-Public Health)           $137

and be it further

 RESOLVED, that a copy of this resolution be given to the Director of Public Health, Budget Officer, and County
Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 322A-09

                             APPROPRIATE FAA GRANT NO. 3-36-0094-25-09
                                      (AIRPORT PROJECT)

 WHEREAS, Grant No. 3-36-0094-25-09 was accepted by Resolution No. 300-09 dated August 10, 2009 for the
Yates County Airport Project and;

 WHEREAS, these funds need to be appropriated to the Project;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased:

 Appropriations
 H5610.5014 (Grant 25-09)        $252,388

 Revenues
 H4989.A25 (Grant 25-09)       $239,769
 H3989.A25 (Grant 25-09)         6,310
 H5031.A25 (Grant 25-09)         6,309
    Total    $252,388

and be it further

 RESOLVED, that a copy of this resolution be given to the Airport Council, Budget Officer and County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 323-09
188                                  PROCEEDINGS OF THE LEGISLATURE



      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                                         CHARGE BACK ELECTION EXPENSE

       RESOLVED, the following amounts be levied against the Towns of Yates County for Election expense as set forth
      below:

       Barrington $27,515.22
       Benton       17,857.59
       Italy      8,598.16
       Jerusalem    78,099.89
       Middlesex 17,066.95
       Milo      50,873.29
       Potter       8,222.17
       Starkey      22,004.93
       Torrey     16,682.34

         Total 246,920.54


      and be it further

       RESOLVED, that a copy of this resolution be given to the Commissioners of Elections and the County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 324-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Dr. Dennis.

                                  AUTHORIZE CONVEYANCE OF REAL PROPERTY

       WHEREAS, the Yates County Treasurer has heretofore conveyed the following 2007 Tax Roll parcel to the
      County of Yates:

       Italy: Tax Map Number 92.02-1-1; Holmes, James F.

      pursuant to the provisions of the Real Property Tax Law by Deed recorded in the Yates County Clerk‟s Office in
      Liber 603 of Deeds at Page 300 and the parcel‟s owner has paid the taxes due plus interest, penalties and all other
      related delinquency expenses heretofore, plus a $1,500 processing fee as the Yates County Legislature authorized by
      Resolution No. 229-04 on July 12, 2004;

       NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a Quit Claim
      Deed and other documents approved by the County Attorney to convey the County‟s interest in said property to the
      owner, and be it further,

       RESOLVED, that all bids received by Yates County for this tax acquired property be rejected, and be it further

       RESOLVED, that a copy of this resolution be furnished to the Yates County Treasurer and to the County
      Attorney.
      VOTE: Unanimous
                                              RESOLUTION NO. 325-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Willson.

                                   ACCEPT BIDS ON TAX ACQUIRED PROPERTIES
                                PROCEEDINGS OF THE LEGISLATURE                                                         189


 WHEREAS, the balance of 2007 tax parcels deeded to the County for non-payment of real property taxes have
been advertised for sealed bids and the County has received the sealed bids on said properties, and

 WHEREAS, the Finance Committee has reviewed said bids;

  NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the County Legislature be and is hereby
authorized and directed to execute quit-claim deeds covering the parcels described below to the accepted high bidder
on each parcel, upon payment of the bid price to the County, and be it further

 RESOLVED, that a copy of this resolution be sent to the County Treasurer.

BARRINGTON-105.04-1-23 (Tuttle, James J. and Barbara K.)

 Todd Sotir           $5,202

BARRINGTON-125.04-1-9 (Pollack, Michael J. Jr. and Mi)

 James R. Harris     $4,000

MIDDLESEX-22.67-1-4 (Feight, Brian and Cinnimon)

 David Ferry            $16,020

MIDDLESEX-32.03-1-2 (Ajayi, A'isha)

 Gary R. Polisseni            $10,000

MILO-49.68-2-27 (19 Property NY Inc.)

 Laurent Knafo             $1,200

MILO-51.54-1-9 (Corey, Douglas)

 Laurent Knafo              $6,000
VOTE: Unanimous
                                           RESOLUTION NO. 326-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Flood.
DISCUSSION: Dr. Dennis stated that this has been worked on for a long time and it is a matter of public safety.



                     APPROPRIATE COMMUNICATION UPGRADE PROJECT FUNDS

  WHEREAS, the Yates County Legislature established the Yates County Communications Capital Project Fund
and a capital reserve fund by Resolution No. 561-99, and

  WHEREAS, the Sheriff has a proposal #FO-331406590899 consistent to state bid OGS #PT62495 from Motorola
in an amount not to exceed $58,000 for the repair and optimization of the Low Band Radio Simulcast System and
approved by the Yates County Legislature by Resolution No. 315-09, and be it

 FURTHER, authorized that the following accounts be increased by $58,000 in the Communication Upgrade
Project Fund;

 Budgetary Account
 H599.C (Appropriate Fund Balance-Communications)
190                                  PROCEEDINGS OF THE LEGISLATURE



       Appropriation
       H3020.29 (Communications-Antennas)

      and be if further

       RESOLVED, that a copy of this resolution be given to the Sheriff, Budget Officer and County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 327-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                                               2009 BUDGET TRANSFERS

       BE IT RESOLVED, that the following transfers be made in the 2009 Budget:

       $18,000 from A1990.4905 (Contingent Fund) to A3020.4230 (Public Safety Communications System-Maint
      Agreement: Microwave);
       $19,385.51 from A1990.4905 (Contingent Fund) to A3020.4230 (Public Safety Communications System-Maint
      Agreement: Microwave);
       $2,373.86 from A3020 4011 (Public Safety Communications System-Consultants) to A3020.1952 (Public Safety
      Communications System-Overtime DSA);
       $267.08 from A3020 4011 (Public Safety Communications System-Consultants) to A3020.1961 (Public Safety
      Communications System-35-40 Hours);
       $160.68 from A3510.4053 (Control of Animals-Animal Control Assistant) to A3510.1551 (Control of Animals-
      Animal Control Officer PT);
       $300 from A4042.4855 (Rabies Control) to A4010.4522 (Public Health-Shipments) ;
       $8,000 from A6010.2115 (DSS-Computer Hardware) to A6010.4301 (DSS-Local Share Chargebacks);
       $2,000 from A6119.4307 (DSS-Foster (Child Care) to A6070.4303 (DSS-Day Care);
       $527 from A6610.8305 (Weights & Measurer-Medical Insurance-Non Union) to A6610.4152 (Weights &
      Measurers-Conferences);
       $35 from A6610.8305 (Weights & Measurers-Medical Insurance-Non Union) to
      A6610.4156 (Weights & Measurers-Training);
       $2,948.80 from D5112.4602 (Road-Chips Project-Bituminous Materials) to D5110.4602 (Road-Maintenance-
      Road & Bridges-Bituminous Materials);
       $20,000 from D5120.4606 (Road-Bridges & Culverts-Culvert Pipe) to D5112.4602 (Road-Chips Project-
      Bituminous Materials);
       $17,000 from D5110.4615 (Road-Maintenance-Road & Bridges-Guiderail) to D5112.4602 to (Road-Chips
      Project-Bituminous Materials);
       $949.29 from CTP9951.0 (Airport-Capital Fund Transfer) to CTP5610.4686 (Airport-Utilities: County Hangar);

      and be it further

       RESOLVED, that a copy of this resolution be given to the Sheriff, Highway Superintendent, Commissioner of
      Social Services, Director of Weights & Measurers, Airport Council, Public Health Director, Budget Officer, and
      County Treasurer.
      VOTE: Unanimous

                                                RESOLUTION NO. 328-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                                    REJECT BIDS ON TAX ACQUIRED PROPERTY
                                          Jerusalem-Tax Map No. 72.75-1-3
                               PROCEEDINGS OF THE LEGISLATURE                                                         191


 WHEREAS, the Yates County Treasurer acquired Tax Map Number 72.75-1-3 in the Town of Jerusalem for non-
payment of real property taxes and advertised to sell this property by sealed bids to be received by September 1,
2009 and;

 WHEREAS, the prior owner of this property filed bankruptcy on September 1, 2009 and the Yates County
Treasurer will file a claim with the U. S. Bankruptcy Court for the non-payment of real property taxes;

 NOW, THEREFORE, BE IT RESOLVED that all bids received for the purchase of this property be rejected and
be it further

 RESOVLED, that a copy of this resolution be sent to the County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 329-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

    RESOLUTION TO AUTHORIZE CONVEYANCE OF REAL PROPERTY TO THE VILLAGE OF
                                  DRESDEN

  WHEREAS, real property, located at 1000 Firehouse Avenue, in the Village of Dresden, Town of Torrey, County
of Yates, designated as Tax Map No. 39.76-1-7, comprising approximately 0.17 acre and owned by Erik W. Jensen.,
was conveyed by tax deed to the County of Yates by a Judgment of Delinquent Tax Liens dated June 29, 2009, and
said tax deed was recorded in the Yates County Clerk‟s Office in Liber 603 at Page 300 on July 8, 2009; and

  WHEREAS, the Village of Dresden desires to purchase this property from the County of Yates for parking space
and/or for a storage building; and

  WHEREAS, the Village of Dresden agrees that if it ever sells this property it will pay the County of Yates the
amount of Ten Thousand Seven Hundred and Two Dollars and No Cents ($10,702.00) which was the highest bid on
said property;

  NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Legislature is authorized to reject all bids for this
property and sign a Quit Claim deed and other documents approved by the Yates County Attorney to convey the
County‟s interest in the above described property to the Village of Dresden for One Dollar and No Cents ($1.00) and
other good and valuable consideration; and be it further

 RESOLVED, that a copy of this resolution be provided to the Yates County Treasurer and to the County Attorney.
VOTE: Unanimous
                                        RESOLUTION NO. 330-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

 SET DATE FOR PUBLIC HEARING ON LOCAL LAW 3-09 ENTITLED A LOCAL LAW AMENDING
LOCAL LAW 1 OF THE COUNTY OF YATES FOR THE YEAR 1956, AS AMENDED BY LOCAL LAWS
  NO. 1 OF THE COUNTY OF YATES FOR 1961, AND LOCAL LAW 2 OF THE COUNTY OF YATES
  FOR 2003 AMENDING SUBDIVISION 11 THEREOF TO INCREASE THE RESERVE FUND FROM
                                 $300,000 TO $500,000

    RESOLVED, that the Clerk of the Yates County Legislature is directed to advertise a public hearing on
proposed law 3-09 A Local Law To Increase The Reserve Fund from $300,000 to $500,000

    BE IT RESOLVED, said public hearing shall be held October 13, 2009 at 1:05PM in the Yates County
Legislative Chambers, 417 Liberty Street, Penn Yan, NY.

                                                             NEW YORK STATE DEPARTMENT OF STATE
192                                   PROCEEDINGS OF THE LEGISLATURE


      Local Law Filing                    162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file
      a local law with the Secretary of State.)

       Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
      underling to indicate new matter.

       County
       City of Yates
       Town
       Village

         Local Law No. 3       of the year 2009.

      A local law amending Local Law 1 of the County of Yates for the Year 1956, as amended by Local Law No. 1
      of the County of Yates for 1961, and Local Law No. 2 of the County Of Yates for 2003, amending subdivision
      11 thereof to increase the reserve fund from $300,000 to $500,000



      Be it enacted by the Legislature of the

      County
      City    of Yates_ as follows:
      Town
      Village

      Section 1. Local Law No. 1 of the Year 1956 of this county, entitled “A Local Law Establishing a Plan of Self-
      Insurance As Provided for in Article 5 of the Workmen‟s Compensation Law, and Providing for the Administration
      Thereof”, and as amended by Local Law 1-1961, is hereby amended to read as follows: Section 11: A self-
      insurance reserve for the Plan is hereby established. The maximum amount which may be contributed to such
      reserve shall be $500,000.

      Section 2. This Local Law Shall take effect December 31, 2009.

      VOTE: Unanimous
                                                   RESOLUTION NO. 331-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.




                   AUTHORIZE AGREEMENT WITH FINGER LAKES COMMUNITY COLLEGE

               RESOLVED, that the Chairman of the Yates County Legislature is hereby authorized to sign an agreement
      with the Ontario County Board of Supervisors and the Finger Lakes Community College for the offering of courses
      in Yates County for the 2009 – 2010 academic year, and be it further

       RESOLVED, that copies of this resolution be sent to the Finger Lakes Community College, the Ontario County
      Board of Supervisors and the Yates County Treasurer.
      VOTE: Unanimous
                                                RESOLUTION NO. 332-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.
                               PROCEEDINGS OF THE LEGISLATURE                                                        193


                                       AMEND RESOLUTION NO. 75-09

 WHEREAS, the lever voting machines are no longer being used as well as the need for lever machine custodians

  NOW, THEREFORE, BE IT RESOLVED, the title of election custodian be replaced with election coordinator at
the rate of $15.00 per hour and that the election coordinators will be paid mileage for the use of their personal
vehicle to travel between polling site assignments on election day.

        RESOLVED, that a copy of this resolution be given to the Election Commissioners, the Treasurer, and the
Personnel Office.
VOTE: Unanimous
                                        RESOLUTION NO. 333-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                        CHANGE DATE OF OCTOBER LEGISLATIVE MEETING

 WHEREAS, Columbus Day falls on October 12, 2009 and this is the date slated for the October Legislative
meeting, be it

 RESOLVED, that the October Legislative Board meeting will be held on October 13, 2008 at 1:00 p.m. in the
Legislative Chambers and be it further

 RESOLVED, that all departments receive a copy of this resolution.
VOTE: Unanimous
                                       RESOLUTION NO. 334-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Webster.

                           ADOPT 2010 WORKERS‟ COMPENSATION BUDGET


        WHEREAS, the Workers‟ Compensation Committee, pursuant to Article 5 of the Workers‟ Compensation
Law, has submitted its proposed budget for the fiscal year beginning January 1, 2010 dated September 14, 2009
which budget shows the amount chargeable to the several municipalities participating in the Yates County Workers‟
Compensation Self-Insurance Fund;

          NOW, THEREFORE, BE IT RESOLVED, that said budget be and hereby is filed and approved, and be it
further

        RESOLVED, that the Yates County Treasurer collect from each participating village and town the amount
chargeable to each, as provided by law, and be it further

         RESOLVED, that the sum of $328,606.56 be apportioned to the County of Yates as its share of said budget
and be included in the County‟s 2010 budget and be it further

          RESOLVED, that a copy of this resolution be given to each of the Town Clerks, Village Clerks, the Budget
Officer, the Treasurer and the Personnel Officer.
VOTE: Unanimous
                                    WORKERS‟ COMPENSATION BUDGET
                              Fiscal Year – January 1, 2010 through December 31, 2010
                  TO THE HONORABLE, THE YATES COUNTY LEGISLATURE, NEW YORK

We, the undersigned members of the Workers‟ Compensation Committee on Mutual Self Insurance, do
hereby submit the following budget for the fiscal period of January 1, 2010 through December 31, 2010.
         Appropriations:
194                                  PROCEEDINGS OF THE LEGISLATURE


               Administration Charges
                 S1710.4191         TPA Contract                               20,000.00
                 S1710.4192         NYS Workers‟ Comp Board                    85,000.00
                 S1710.4193         Insurance
                                       Employer‟s Liability                     5,000.00
                                       Excess Workers‟ Comp                    70,000.00
                 S1710.4194         Physicals                                   4,000.00
                 S1710.4195         Supplies                                      500.00
                 S1710.4196         Public Goods Pool                             500.00
                 S1710.4515         Postage                                       500.00
                 S1710.4654         Mileage                                       750.00
                                                                                                 186,250.00

                  S1720.4197        Benefits & Awards                                            500,000.00
                                                                             Total               686,250.00

                                                                                                               686,250.00

                                        WORKERS‟ COMPENSATION APPORTIONMENT SCHEDULE

                                                50% EXP                50% EQ                     ADM
                  MUNICIPALITY                   SHARE                 SHARE                     SHARE           TOTAL
                  Barrington                        675.00             13,223.97                   9,851.85       23,750.82
                  Benton                            175.00              8,582.46                   6,393.93       15,151.39
                  Italy                          13,925.00              4,132.32                   3,078.58       21,135.90
                  Jerusalem                       9,625.00             37,535.24                  27,963.75       75,123.99
                  Middlesex                         425.00              8,202.47                   6,110.84       14,738.31
                  Milo                              775.00             24,449.99                  18,215.24       43,440.23
                  Potter                            650.00              3,951.62                   2,943.96        7,545.58
                  Starkey                         9,350.00             10,575.69                   7,878.89       27,804.58
                  Torrey                          4,600.00              8,017.62                   5,973.14       18,590.76
                  Yates County                  121,525.00            118,671.38                  88,410.18      328,606.56
                  Dresden                            25.00                710.34                     529.20        1,264.54
                  Dundee                          3,975.00              2,321.68                   1,729.65        8,026.33
                  Penn Yan                       84,275.00              9,625.22                   7,170.79      101,071.01
                                                250,000.00            250,000.00                 186,250.00      686,250.00
                                                RESOLUTION NO. 335-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

                                             AMEND RESOLUTION #509-08

       RESOLVED, that the 2009 Non-Union Salary Schedule is hereby amended as of September 22, 2009 as follows:

       Full-time/Part-time        Annual
       Supervising Public Health Nurse         $48,645

      and be it further

        RESOLVED, that a copy of the resolution be provided to the Budget Officer, Treasurer, Public Health Director
      and Personnel Officer.
      VOTE: Unanimous
                                PROCEEDINGS OF THE LEGISLATURE                                                      195


                                           RESOLUTION NO. 336-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                            GRANT UNPAID LEAVE OF ABSENCE (Ringsmuth)

         RESOLVED, that Records Retention Clerk Jeannette R. Ringsmuth is hereby granted an unpaid leave of
absence from September 2, 2009 through December 31, 2009, and be it further

 RESOLVED, that a copy of this resolution be given to Ms. Ringsmuth, County Historian, Personnel Officer and
Treasurer.
VOTE: Unanimous
                                           RESOLUTION NO. 337-09
Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Banach.
AUTHORIZE CHAIRMAN TO SIGN AGREEMENT WITH PAETEC COMMUNICATIONS FOR VOICE
                                             AND DATA SERVICES

        WHEREAS, Paetec Communications has been Yates County‟s voice and data services provider as well as
the service provider for local & long distance calling for the past six years, and

       WHEREAS, the contract with Paetec expires in October 2009, and

       WHEREAS, Yates County wishes to continue using Paetec Communications for its voice and data
requirements because of Paetec‟s competitive rates and service but also because they have the NYS OGS Contract #
OFT C001110-Telecom 01115 and the Federal Contract, # GSA # GS-35F-0339R,

NOW, THEREFORE, BE IT RESOLVED that the Chairman be authorized to sign a 36 months agreement with
Paetec Communications.
VOTE: Unanimous

Chairman Multer asked if Assemblyman Bacalles had any news from Albany.

Assemblyman Bacalles stated that he was on the Legislature when Steuben County implemented a room tax and you
need to have a number of hotel/motels. The reason people stay three or four nights is because of the
accommodations and Yates County doesn‟t have that right now for people to come for three or four days. The
reason they stay is because they come as part of a group, conventions, and seminars and so on.
If Yates County had not included the cottage rentals in the occupancy tax, your occupancy tax would not have been
a significant amount and would not have had an impact.

Assemblyman Bacalles suggested that Yates talk to surrounding counties and piggy back on what others are doing.
You need to benchmark a similar County in population and also look at a county nearby that is already generating
tourism.

Mrs. Alexander moved to enter executive session to discuss an employee performance, seconded by Mr. Holgate.

Open session meeting adjourned at 2:15p.m.

The Legislature took the following action in executive session.

                                           RESOLUTION NO. 338-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Nielsen.

                                      APPOINT PROBATION DIRECTOR
                                                 (Dawes)
196                                   PROCEEDINGS OF THE LEGISLATURE


              RESOLVED, that effective September, 28, 2009 Sharon Dawes is hereby appointed provisionally to the
      position of Probation Director at a starting salary of $53,000 and be it further

              RESOLVED, that the 2009 Non-Union Salary Schedule is amended effective September 28, 2009 to reflect
      this salary and be it further

             RESOLVED, that copies of this resolution be given to Sharon Dawes, the County Administrator, the
      Personnel Officer and the Treasurer.
      VOTE: Unanimous

      Meeting adjourned at 2:35p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                         197


                           REGULAR SESSION – TUESDAY, OCTOBER 13, 2009

The Yates County Legislature convened in regular session, Tuesday, October 13, 2009 in the Legislative Chambers
at 1:00 p.m., Chairman Robert Multer presiding. Legislators, Nielsen, Webster and Taylor were absent.

Minutes of the September 14th meeting were approved as presented.

Chairman Multer opened the public hearing on proposed local law 3-09 entitled A Local Law Amending Local
Laws 1 of 1956, No. 1 of 1961, and No. 2 of 2003, Amending Subdivision 11 Thereof To Increase the Reserve Fund
From $300,000 To $500,000

Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund                              $ 52,239.76
Finance                                   $ 64,757.01 – Chairman Fitch denied an invoice for $4,500
Flint Creek                               $   1,911.11 making the total of the Finance audit
Government Operations                     $ 45,578.61 $60, 257.00
Human Services                            $ 474,601.64
Prior to Audit                            $ 310,500.39
Public Safety                              $ 70,989.18
Public Works                              $ 216,134.76

COMMITTEE REPORTS
Mrs. Alexander made the following comments:
Within the last 2 weeks, I have attended two presentations which have been provided partly by the court system and
several other public safety entities. The first was the Victim Impact Panel on September 23 rd. There were 3 inmates
and 40-50 other people who had been ordered to participate in this program. Speakers were a mother from
Prattsburg who lost a daughter and another mother who lost a son – both to drunk drivers. One mother told of the
trauma her daughter suffered and the ultimate decision she and her family had to make for her. The other mother
told of her son being left to die beside the road. Both of these life changing experiences have prompted them to
participate in this VIP panel. They made a dramatic statement about people “making very bad choices” and they
were there to point out to the attendees the necessity of “making the right choices”.

The other presentation was held on October 7th – Drug Court Graduation. This graduation was held for 3 individuals
who were able to successfully complete the counseling by, regular attendance, reviewing their past mistakes, staying
sober from alcohol or drugs, and finding a future for themselves. The graduates have to write and read an essay
which is challenging for them and for the attendees there to witness. The graduates recognize why they have gone
through Drug Court, the wrong actions they have taken in the past, where their future lies, and in particular people
who have helped them achieve their sobriety.

My point of reporting on this is to make us all aware of two of the joint programs and cooperation of the public
safety network in this county. I would ask that we all be more aware of what these programs can do for people.

Also, lately much misinformation has been leveled at the office of the District Attorney. Negative ads, incorrect
comparisons, and use of data that did not account for differences. The District Attorney has put together comparison
charts and information on costs and convictions which are included in the Public Safety minutes for the months of
September and October. These minutes are on the County website and I would ask that individuals please read these
minutes to gain accurate information.

Dr. Dennis reported that the District Attorney was one of the featured speakers at the Drug Court Graduation and
was recognized for the great effort that she commits to the program.

Mr. Paddock reported a number of public flu clinics are coming up coming and urged everyone to please avail
themselves of them.
198                                     PROCEEDINGS OF THE LEGISLATURE


      Mrs. Flood reported the work for the 2010 census has started. Mrs. Flood urged everyone to participate in the census
      otherwise the county will not get their fair share of the funding from the Federal government.

      APPOINTMENTS
      Chairman Multer appointed Klass Martens to a three year appointment to the Yates County Soil & Water
      Conservation District Board of Directors expiring on December 31, 2011.

      Chairman Multer made the following proclamation:

                                  PROCLAMATION FOR JUROR APPRECIATION WEEK

              Whereas, juries are essential to a fair, reliable, and citizen-based system of justice, in which people, and
      not government officials, resolve, disputes;

              Whereas, juries represent the common sense of ordinary people and thus keep the administration of law in
      accord with the wishes and feelings of the community;

              Whereas, the decisions that jurors make affects millions of lives every day and have a profound impact on
      our economy and our society;

               Whereas, by entrusting jurors from the community to decide legal cases - some of them involving millions
      of dollars or life-and-death issues - we reinforce our belief that everyday people can make correct decisions, that we
      are an open, democratic government;

                 Whereas, few activities in our civic life provide such a direct contact with our democracy as does jury
      service;

               Whereas, along with voting, jury service is one of the main ways we take part in the public life of our
      nation - when we vote, we are one of millions, but when we serve on a jury, we are one of twelve;

               Whereas, the jury system gives equal weight to diverse voices - the system works because everyone on the
      jury has an equal voice regardless of who they are, what they earn, or where they are from;

                 Whereas, the success of our jury system depends on the participation of all citizens who are called to
      serve;

                Whereas, every day, throughout our country citizens devote their time and energies to deciding disputes
      that significantly affect the lives, liberties, and property of others;

                NOW, THEREFORE, I, Robert N. Multer, Chair of the Yates County Legislature, do hereby proclaim the
      week of November 16, 2009, as Juror Appreciation Week. On this week, let us recognize those who are called upon
      to take time from their daily lives to fulfill the highest responsibility of citizenship and makes our system of justice a
      reality through their jury service. In addition, I urge the citizens, schools, businesses, and media of our nature to use
      this occasion to dedicate ourselves to preserve and strengthen the jury system.

      IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of October, 2009.


                                                   RESOLUTION NO. 339-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.
                                 PROCEEDINGS OF THE LEGISLATURE                                                            199


                              ABOLISH INTERIM DEPUTY SHERIFF POSITION

       NOW, THEREFORE BE IT RESOLVED, that as the Sheriff advises he no longer requires the Interim Deputy
Sheriff position created for January 2009 via resolution 471-08 and that appointments and promotions have been
satisfied for the intent of that resolution and therefore this Interim Deputy Sheriff position is hereby abolished, and

    RESOLVED, that a copy of this be given to the Personnel Officer, Sheriff, Budget Officer, Treasurer and the
YCDSA President.
VOTE: Unanimous
                                      RESOLUTION NO. 340-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Dr. Dennis.

                                     RECOGNIZE DOMESTIC VIOLENCE
                                      AWARENESS MONTH – OCTOBER

        WHEREAS, Domestic Violence remains one of our nation‟s most prevalent, yet under-reported, violent
crimes. It‟s a crime that has significant detrimental impact on victims and their children – including physical,
emotional, financial, social, and spiritual implications. It‟s a crime that ultimately affects us all, and an estimated
1.3 million women in the United States are victims of physical assault by an intimate partner each year, and this year
marks the marks the 22nd annual commemoration of Domestic Violence Awareness month recognizing victim
services, training, technical assistance and community partnerships to combat domestic violence, as well as improve
the rights and services of victims; and according to the Sheriff and District Attorney this recognition is an
opportunity to focus on domestic violence as a major public health concern and to promote prevention and public
awareness responses, and

         WHEREAS, the District Attorney and Sheriff‟s Office for Yates County supports numerous services that
assist victims of domestic violence, including District Attorney‟s Victims Assistance program advocating for
victims and assisting victims in their court appearances, legal rights, psychological, personal safety and family needs
while additionally the NYS Sheriffs” Victims Hotline provides automated information (1-800-VINE-4-NY) about
an offenders incarceration (jail) status to registered victims to help then find a greater sense of safety,

       NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature recognizes October 2009 as
Domestic Violence Awareness Month together with its theme this year of “Domestic Violence: End It Now” and by
this recognition shows our ongoing commitment to and support for victims of domestic violence be they women,
men or children and encourages the efforts of the office of District Attorney, the Sheriff, as well as other entities in
our local and Finger Lakes area community in ensuring supportive services are available to victims, and further

    RESOLVED, that a copy of this resolution be provided the Sheriff and District Attorney.
VOTE: Unanimous
                                       RESOLUTION NO. 341-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                            SHERIFFS‟ WEEK PROCLAMATION – October 18-24

      WHEREAS, NYS Sheriffs‟ Week will be recognized the week of October 18 through 24 th 2009, and

       WHEREAS, the history of the Office of Sheriff is unparalleled by any other modern governmental office. In
New York State the Office was provided for in the state‟s first constitution in 1777. It has existed in Yates County
since 1823 for 186 years; yet it is the modern office that is being celebrated this week, as the Sheriff is an essential
part of the law enforcement community as the “conservator of the peace” by state law. The office was officially
accredited in law enforcement and 911 dispatch operations earlier this year. The Office of Sheriff with all its
deputies, officers and staff not only provides the community with “traditional” and high profile police duties such as
road patrol, criminal investigations and traffic control, but also patrols our lakes, provides court security, maintains
the county jail and correctional activities, serves civil process, provides community services, and coordinates the
200                                   PROCEEDINGS OF THE LEGISLATURE


      dispatching of county-wide 911 emergency services, as well as taking an active role in the community on crime
      prevention, victims assistance, traffic safety, child passenger safety, drug awareness in schools, and other specialized
      services to the young and elderly populations, etc.,

            NOW, THEREFORE, BE IT RESOLVED that this legislature recognizes “Sheriffs‟ Week” in Yates County as
      proclaimed by Governor David Paterson as October 18-24, 2009 and extends an acknowledgment and thank you for
      the public safety services provided our community, and issues this proclamation in recognition of this event, and
      further

         RESOLVED that a copy of this resolution be given to Sheriff Spike.
      VOTE: Unanimous
                                            RESOLUTION NO. 342-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Fitch.

                               AUTHORIZE CHAIRMAN AND COORDINATOR TO SIGN
                                  APPROVED 2010 STOP-DWI BUDGET AND PLAN

            WHEREAS, the 2010 Stop-DWI budget and plan shows appropriations of $83,987 and an anticipated revenue
      of $83,987 with a reserve fund of $68,619 and,

             WHEREAS, the budget and plan has been discussed by the Coordinator and Public Safety Committee noting
      that the NYS Governors Traffic Safety Committee requires this plan be submitted by November 1, 2009;

           NOW, THEREFORE, BE IT RESOLVED, that this 2010 Stop-DWI budget and plan is approved and the
      Chairman and Coordinator/Sheriff are authorize to sign it, and further

            RESOLVED, that a copy of this resolution be provided to the Treasurer, Budget Officer and Sheriff for
      attachment to the plan being submitted.
      VOTE: Unanimous

                                                  RESOLUTION NO. 343-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

                AMEND 2009 CONTRACT WITH SOLDIERS AND SAILORS MEMORIAL HOSPITAL

             WHEREAS, Yates County and the Yates County Department of Community Services wish to amend the
      2009 contract with S&S Memorial Hospital for the following services: transportation,

             WHEREAS, there is an additional $11,912.00 in 100% New York State Office of Mental Health funds,

              NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County Legislature and the
      Director/Designee of Community Services be authorized to sign an amended contract with S&S Memorial Hospital,
      and be it further,

               RESOLVED, that copies of this resolution be provided to the Yates County Treasurer, S & S Memorial
      Hospital, and the Yates County Department of Community Services.
      VOTE: Unanimous
                                               RESOLUTION NO. 344-09

      Mr. Paddock offered resolutions 344 and 345-09 and moved their adoption, seconded by Mr. House.
                               PROCEEDINGS OF THE LEGISLATURE                                                          201


                             SIGN AGREEMENT WITH JANE LEVATINO, RN

 RESOLVED, that the Chairman is hereby authorized to sign an agreement with Jane Levatino, RN to provide
Skilled Nursing services to home care patients as needed at the following all-inclusive rates:

                               For the period October 15, 2009 – October 14, 2014

                                          $40/visit for re-visits
                                          $45/visit for holiday re-visits
                                          $80/visit for Admissions
                                          $90/visit for Holiday Admissions

and, be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office and to the Yates County Treasurer.
VOTE: Unanimous

                                           RESOLUTION NO. 345-09

            SIGN AGREEMENTS WITH KATHRYNE WHEAT, RN AND BEVERLY LEWIS, RN

 RESOLVED, that the Chairman is hereby authorized to sign agreements with Kathryne Wheat, RN and Beverly
Lewis, RN for administration of influenza vaccine in county sponsored clinics

For the period October 15, 2009 – August, 9, 2010

                                          $29.75 per hour worked
                                          Mileage for travel from office site to clinic location at the county rate

and, be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office and to the Yates County Treasurer.
VOTE: Unanimous

                                           RESOLUTION NO. 346-09

Mr. Paddock offered resolutions 346 thru 348-09 and moved their adoptions, seconded by Mr. J. Multer.

  RENEW CONTRACT WITH PRO-ACTION OF STEUBEN AND YATES COUNTIES, INC. FOR THE
       ADMINISTRATION OF THE FOOD STAMP INITIATIVE OUTREACH PROGRAM

  RESOLVED, that after review by the County Attorney, the Chairman of the Legislature and the Commissioner of
Social Services be authorized to sign a contract renewal with Pro-Action of Steuben and Yates Counties, Inc to
administer a grant for the Department in an amount not to exceed the grant amount of $42,000 for the period
1/01/10-12/31/10 to administer the Food Stamp Initiative Outreach Project, and be it further

 RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department of
Social Services.
VOTE: Unanimous
                                         RESOLUTION NO. 347-09




   RENEW CONTRACT WITH CORNELL COOPERATIVE EXTENSION FOR THE PROVISION OF
                           “LIFE SKILLS PROGRAM”
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        WHEREAS, the County wishes to continue the provision of “Life Skills” training to applicants and recipients of
      certain programs of the Department of Social Services, now be it

        RESOLVED, that after the review of the County Attorney, the Chairman of the Legislature and the Social Services
      Commissioner be authorized to sign a contract renewal with Yates County Cooperative Extension Service to
      provide: Life Skills Training” funded through the Flexible Fund for Family Services for the period 1/1/2010-
      12/31/2010 at the cost of $45,000, and it is agreed that the County Insurance requirements be waived for this
      program, and further

       RESOLVED, that copies of this resolution be forwarded to the Department of Social Services and the Yates
      County Treasurer.
      VOTE: Unanimous
                                               RESOLUTION NO. 348-09

           RENEW CONTRACT WITH FINGER LAKES RC&D COUNCIL, INC. TO ADMINISTER THE
                               VENISON DONATION PROGRAM
                                   (Rural Nutrition Services)

        WHEREAS, federal funding continues to be available for the support of this program which seeks to make
      available venison meat to the needy population through funding to pay for local processing of the venison, and

        WHEREAS, these funds are available to meet the needs of people at 200% of the federal poverty level, now,
      therefore be it

               RESOLVED, that the contract for these services with the Finger Lakes RC & D Council, Inc. be renewed
      for the period July 1, 2009 through June 30, 2010 at a cost not to exceed $2,000 for the collection, processing, and
      distribution of the venison to Yates County residents, and be it further

        RESOLVED, that a copy of this resolution be forwarded to the Yates County Department of Social Services, and
      the Yates County Treasurer.
      VOTE: Unanimous
                                               RESOLUTION NO. 349-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

      CONTRACT FOR ALCOHOL AND SUBSTANCE ABUSE SCREENING AND ASSESSMENT SERVICES

        RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of the Legislature and the
      Social Services Commissioner are authorized to sign a contract with Finger Lakes Alcoholism Counseling and
      Referral Agency, Inc (FLACRA) for the provision of alcohol and substance abuse screening and assessment services
      for applicants and recipients of cash assistance programs at the rate of $40.00 per assessment beginning January1,
      2010- December 31, 2010, and be it further

       RESOLVED, that a copy of this resolution be forwarded to the Yates County Department of Social Services.
      VOTE: Unanimous
                                              RESOLUTION NO. 350-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.




                              AUTHORIZE TREASURER TO PAY BILL PRIOR TO AUDIT

               WHEREAS, The Workforce Development Agency administered the Summer Youth Employment Program
                                PROCEEDINGS OF THE LEGISLATURE                                                         203


for 2009 through federal funding channeled through the Department of Social Services, and

         WHEREAS, the Department of Social Services has been notified that the claims for reimbursement for this
funding source is due to the state prior to the completion of the normal monthly audit process, now therefore be it

          RESOLVED, that the County Treasurer is authorized to pay the voucher for the final costs prior to audit so
that the financial reimbursement claims can be processed by the Department of Social Services.
VOTE: Unanimous
                                           RESOLUTION NO. 351-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Dr. Dennis.

 AUTHORIZE CONTRACT WITH WORKFORCE DEVELOPMENT OFFICE TO ADMINISTER 2009-
                      2010 TRANSITIONAL JOBS PROGRAM

 WHEREAS, the County wishes to utilize available dollars to administer the 2009-2010 Transitional Jobs Program.

  RESOLVED, that after the review of the County Attorney, the Chairman of the Legislature, Social Services
Commissioner, and the Workforce Development Director sign a contract to administer the Transitional Jobs
program in the amount of $43,712 for the period August 15, 2009-August 13, 2010, and be it further

 RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer, the Department of Social
Services, and the Workforce Development Office.
VOTE: Unanimous
                                         RESOLUTION NO. 352-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                 INCREASE WORKFORCE DEVELOPMENT
                                            2009 BUDGET

 WHEREAS, Workforce Development will contract with the Department of Social Services, and
   WHEREAS, Workforce Development will receive financial consideration for these
services

        NOW, THEREFORE, BE IT RESOLVED, that revenue account CD4792.0 be increased by the contract
amount of $15,000.00, and be it further

      RESOLVED, that the Workforce Development 2009 budget be increased as follows:
      CD6292.12G FFFS Staff Wages     $ 9,300.00
      CD6292.82G FFFS Staff Fringe    $ 4,900.00
      CD6292.42G FSSS Operating      $ 800.00
 CD4792.0 Revenue          $15,000.00

AND be it further

        RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
Yates County Treasurer.
VOTE: Unanimous



                                           RESOLUTION NO. 353-09

Mr. Paddock offered resolutions 353 thru 356-09 and moved their adoption, seconded by Mr. House.
204                                 PROCEEDINGS OF THE LEGISLATURE



                                WORKFORCE DEVELOPMENT BUDGET TRANSFER

       BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

              From:       C6293.41F Program Operating Expenses
                              Contract : ProAction $1,605.00

              To:         C6293.8F Stimulus Staff Fringe $ 605.00
              To:         C6293.1F Stimulus Staff Wage $1,000.00

      AND be it further

              RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
      Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 354-09

                                WORKFORCE DEVELOPMENT BUDGET TRANSFER

       BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

       FROM: CD6292.1G DSS Works Staff Wages $3,900.00
       FROM: CD6292.4G DSS Works Operating $ 120.00

       TO: C6292.8G DSS Works Staff Fringe $4,020.00

      AND be it further

              RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
      Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 355-09

                                WORKFORCE DEVELOPMENT BUDGET TRANSFER

       BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

              FROM:       CD6292.1E Kaleidoscope Staff Wages Youth      $1,310.00

              TO:         CD6292.41E    Kaleidoscope Operating Youth      $1,310.00

      AND be it further

              RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
      Yates County Treasurer.
      VOTE: Unanimous




                                               RESOLUTION NO. 356-09

                                WORKFORCE DEVELOPMENT BUDGET TRANSFER

       BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:
                                 PROCEEDINGS OF THE LEGISLATURE                                                             205


         FROM:       CD6294.4A Program Operating Expenses
                          Contract: Proaction $5987.00

         TO:         CD6294.1A Tanf Summer Youth Staff Wage $1,700.00
         TO:         CD6294.8A TANF Summer Youth Staff Fringe $1,210.00
         TO:         CD6294.4A Program Operating Expenses
                          Office Supplies     $ 300.00
         TO:         CD6294.4A Program Operating Expenses
                          Copying       $     2.00
         TO:         CD6294.4A Program Operating Expenses
                          Client Transportation $1,150.00
         TO:         CD6294.4A Program Operating Expenses
                          Enrichment/Activities $1,100.00
         TO:         CD6294.4A Program Operating Expenses
                          Incentives/Assistance $ 450.00
         TO:         CD5294.4A Program Operating Expenses
                          Refreshments      $ 75.00
AND be it further

        RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 357-09

Mr. Fitch offered resolutions 357 and 358-09 and moved their adoption, seconded by Mr. J. Multer.

                                   RELEVY DELINQUENT SCHOOL TAXES

   WHEREAS, the County Treasurer will submit to this Legislature in November, pursuant to Section 1330 of the
Real Property Tax Law, a certified list of unpaid school taxes relating to property situated in Yates County and in
the various school districts lying wholly or partly within Yates County, and

   WHEREAS, pursuant to said law, the Legislature is required to levy and add such delinquent school taxes,

   NOW, THEREFORE, BE IT RESOLVED, that the delinquent school taxes for the fiscal year 2009-2010
appearing on the certified list filed by the County Treasurer, be and hereby are, relevied as of November 15, 2009,
and the Clerk of the Legislature is hereby directed to assess and levy on the tax rolls of the respective towns in
which the respective school districts are located, against the parcels of property so listed, the unpaid taxes, including
penalties and interest, as set forth thereon, and be it further

  RESOLVED, that a copy of this resolution be sent to the County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 358-09

                                   RELEVY DELINQUENT VILLAGE TAXES

   WHEREAS, the County Treasurer will submit to this Legislature in November, pursuant to Local Law No. 1 of
1978, a certified list of unpaid Village taxes relating to property situated in Yates County and in the several villages
lying wholly or partly within Yates County, and

   WHEREAS, pursuant to said Local Law, the Legislature is required to levy and add such delinquent Village
taxes in accordance with Section 1442 of the New York State Real Property Tax Law,

   NOW, THEREFORE, BE IT RESOLVED, that the delinquent Village taxes for the fiscal year beginning June 1,
2009 appearing on the certified list filed by the County Treasurer, be and hereby are, relevied as of November 1,
2009, and the Clerk of the Legislature is hereby directed to assess and levy on the tax rolls of the respective towns in
206                                    PROCEEDINGS OF THE LEGISLATURE


      which the respective villages are located, against the parcels of property so listed, the unpaid taxes, including
      penalties and interest, as set forth thereon, and be it further

        RESOLVED, that a copy of this resolution be sent to the County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 359-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Dr. Dennis.

                                                  2009 BUDGET TRANSFERS

         BE IT RESOLVED, that the following transfers be made in the 2009 Budget:

        $300 from A1990.4905 (Contingent Fund) to A1010.2116 (Legislature-Dictation Machine);
        $800 from A1990.4905 (Contingent Fund) to A1010.2121 (Legislature-Sound Equipment);
        $2,758.53 from A1990.4905 (Contingent Fund) to A1620.4404 (Buildings & Grounds-County Office Building-
      Building Maintenance);
        $2,000 from A1990.4905 (Contingent Fund) to A6610.2516 (Weights & Measures-Equipment);
        $4,500 from A1990.4905 (Contingent Fund) to A4010.4153 (Public Health-Education);
        $943 from A1010.2115 (Legislature-Computer Hardware) to A6010.4309 (DSS-Heap Administration);
        $30,000 from A1680.1076 (Information Technology-IT Director) to A1680.4577 (Information Technology-
      Computer Technical Assistance);
        $1,323 from A1680.2115 (Information Technology-Computer Hardware) to A6010.2115 (DSS-Computer
      Hardware);
        $1,886 from A1680.2115 (Information Technology-Computer Hardware) to A6010.4309(DSS-Heap
      Administration);
      -----------------------------------------------------------
        $2,694.45 from A3110.1762 (Sheriff-Deputy Sheriff) to the following Public Safety Communications accounts:
        $5.40 to A3020.1950 (Differential DSA)
        $133.42 to A3020.1951 (Holiday Overtime DSA)
        $214.62 to A3020.1953 (Call Back DSA)
        $228.72 to A3020.1961 (35-40 Hours)
        $1,939.79 to A3020.2429 (Other Municipalities)
        $172.50 to A3020.4066 (Pest Control)
        $15,600 from A3110.8304 (Sheriff-Medical Insurance-DSA) to A9060.8306 (Medical Insurance-Retirees);
        $2,750 from A3140.1180 (Probation-Probation
      Supervisor) to A3189.1639 (Alternative to Incarceration-Probation Assistant);
        $250 from A3140.1180 (Probation-Probation Supervisor) to A3189.8100 (Alternative to Incarceration-
      FICA/Medicare);
        $2,393.41 from A6123.4310 (DSS-Juvenile Delinquent Care) to A6129.4316 (DSS-State Training School);
        $106.05 from A8020.1085 (Planning-Planner) to A8020.4207 (Planning-YC Planning Board);
        $145 from D3310.1636 (Road-Traffic-Highway Part Time) to D5110.1636 (Road-Maintenance-Road & Bridges-
      Highway Part Time);
        $548.78 from D5112.1636 (Road-CHIPS-Highway Part Time) to D5110.1636 (Road-Maintenance-Road &
      Bridges-Highway Part Time);
        $130 from D5112.1670 (Road-CHIPS-Overtime (NU/PT) to D5110.1636 (Road-Maintenance-Road & Bridges-
      Highway Part Time);
        $2,933.61 from D5120.1636 (Road-Bridges & Culverts-Highway Part Time) to D5110.1636 (Road-Maintenance-
      Road & Bridges-Highway Part Time);
        $125.33 from D5120.1670 (Road-Bridges & Culverts-Overtime (NU/PT) to D5110.1636 (Road-Maintenance-
      Road & Bridges-Highway Part Time);
        $4,350 from D5120.4629 (Road-Bridges & Culverts-Stone/Gravel) to D5112.4602 (Road-CHIPS-Bituminous
      Materials);

      and be it further
                               PROCEEDINGS OF THE LEGISLATURE                                                 207


 RESOLVED, that a copy of this resolution be given to Commissioner of Social Services, Legislature Clerk,
Probation Director, Sheriff, Highway Superintendent, Director of Weights & Measures, Planner, Public Health
Director, Budget Officer, and County Treasurer.
VOTE: Unanimous
                                          RESOLUTION NO. 360-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                    APPROPRIATE PAVEMENT MAINTENANCE RESERVE FUNDS

 WHEREAS, the Airport Council needs to stripe runway 10-28, associated taxiways and apron markings at the
Yates County Airport and there are sufficient funds in the Pavement Maintenance Reserve to cover this cost;

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $10,600:

 Budgetary Account
 CT511.0 (Appropriate Reserve)

 Appropriation Account
 CT5610.42 (Airport-Pavement Maintenance)

and be it further

 RESOLVED, that a copy of this resolution be given to the Airport Council and County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 361-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                         APPROPRIATE RESERVE FOR DISTRICT ATTORNEY

 WHEREAS, the District Attorney has a need to appropriate the reserve from forfeiture of crime proceeds;

 NOW, THEREFORE, BE IT RESOLVED that the following accounts be increased by $210.31:

 Appropriation
 A1165.4470 (District Attorney-Supplies: Office)

 Budgetary Account
 A511.250 (Appropriate Reserve-DA)

and be it further

 RESOLVED, that a copy of this resolution be given to the District Attorney, Budget Officer, and County
Treasurer.
VOTE: Unanimous

                                          RESOLUTION NO. 362-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

         AWARD STRIPING AGREEMENT FOR THE PENN YAN – YATES COUNTY AIRPORT

       WHEREAS, a safety hazard has been identified at the Penn Yan – Yates County Airport with regard to
Runway 10-28 and striping, and
208                                   PROCEEDINGS OF THE LEGISLATURE


              WHEREAS, quotes were sought and Zebra Paint Striping from Hornell, New York was the lowest price at
      $10,600, with funding coming from the Airport Pavement Management Reserve Fund,

              NOW, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign an agreement with
      Zebra Paint Striping for striping of Runway 10-28 at a cost of $10,600 and be it further

               RESOLVED, that copies of this resolution be given to Zebra Paint Striping, the County Treasurer, and the
      Airport Council.
      VOTE: Unanimous
                                                    RESOLUTION NO. 363-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.
      DISCUSSION: Mr. Fitch stated this is an important resolution for the Legislature to support. It was intro by
      Assemblyman Brian Kolb. Normally we are due for Constitutional Convention 2017. Mr. Fitch feels that it is
      important that we have a peoples convention versus a convention of delegates that are mostly from the Legislature in
      2011. Most of the problems we have in our counties are created by mandates funded and unfunded, rules and
      regulations by departments of the state government, and we have no way to respond. New York State government is
      ruled by three people, the Governor, the head of the Assembly, who is from Manhattan, and the Chairman of Senate,
      who is also from Manhattan. We have no voice in Upstate NY, it‟s completely dysfunctional. The Chairs of the
      Senate and Assembly have complete power. They have the power for whoever is selected to be a committee
      chairman, or any position within that committee. Their authority is absolute. We need to change New York State.
      What is happening in New York State has really created problems for the economy of New York and certainly for
      all the counties dealing with mandates, rules and regulations that come on a weekly basis. We really don‟t have an
      opportunity to react. We react by contacting our Senator and Assemblyman but we‟re from upstate New York.
      Because we are outnumbered and because all the power is down state we really don‟t have any chance to change
      things in a meaningful way.

                A RESOLUTION IN SUPPORT OF A “PEOPLE‟S CONVENTION TO REFORM NEW YORK”

        WHEREAS, tough economic times and New York State‟s tremendously high tax burden are causing families and
      businesses to struggle, while state government has been paralyzed by questions of gubernatorial succession,
      leadership fighting and political dysfunction; and

                WHEREAS, our state Constitution was originally meant to be a vibrant, living and breathing document,
      reflective of the times in which we live that holds up to the political dynamic of the day; and

                WHEREAS, our current state Constitution was adopted 115 years ago in 1894 and modified at a
      constitutional convention in 1938 and at various other times by legislative action; and

               WHEREAS, our state, our nation and the world have changed dramatically in the past forty-two years as
      the information age has transformed communications, business and government in ways that could not even have
      been imagined when our state constitution was adopted; and

               WHEREAS, recent events in state government involving gubernatorial succession, legislative stalemates
      and appointments to statewide elected offices have exposed flaws and weaknesses in our current constitution on
      these issues; and

              WHEREAS, families and businesses have been forced to cut back, while New York State government
      continues to spend beyond its means and force unfunded mandates on already overburdened local governments and
      taxpayers; and

               WHEREAS, in the face of the most challenging economic environment since the Great Depression, the
      people of New York have little confidence that the state government, as currently structured, is responsive to their
      wants, needs, or principal concerns; and
                                 PROCEEDINGS OF THE LEGISLATURE                                                           209


         WHEREAS, the people of New York have expressed their desire to hold a “People‟s Convention” to
reform state government, as evidenced by recent Quinnipiac University and Siena College Research polls, showing
more than 60 percent of voters supporting a People‟s Convention to Reform New York, and

        WHEREAS, the people must act now to thwart the dysfunction in Albany, and convene a People‟s
convention to take New York State government back; and

         WHEREAS, members of the state Legislature have introduced “The People‟s Convention to Reform New
York Act”, which grants the people the opportunity to hold a constitutional convention, establishes a procedure for
the non-partisan election of delegates, restricts political parties, campaign committees and special interests‟
influence over delegates, and requires state or local elected officials and officers or party officials to vacate their
post upon being elected delegate; and

         WHEREAS, while the constitution empowers the elected delegates to set the convention agenda for “The
People‟s Convention to Reform New York‟, we ask that the delegates consider government reforms such as state
spending cap and property tax cap, restrictions on unfunded mandates, debt reform and absolute ban on backdoor
borrowing, public authorities reform, a clear line of succession to the governorship and lieutenant governorship and
elections to fill elected state office vacancies; and now, therefore, be it

          RESOLVED, that this Legislative Body pause in its deliberations to acknowledge the need for true state
government reform and urge the immediate passage and chaptering of the “People‟s Convention to Reform New
York Act”, which will allow for the creation of a more accountable and responsive state government by the people
to serve the people; and be it further

         RESOLVED, that a copy of this Resolution, suitably engrossed, be transmitted to the Governor of the State
of New York, the Temporary President of the New York State Senate, the Speaker of the New York State Assembly,
and to the Minority Leaders of the Assembly and Senate.
VOTE: Unanimous

                                             RESOLUTION NO. 364-09

Mr. Banach offered the following resolution and moved is adoption, seconded by Mrs. Alexander.
Ms. Purdy pointed out that these positions are part time positions.

                                      AMEND RESOLUTION NO.                 168-08

       WHEREAS, the Yates County Board of Elections has hired 2 Elections Operations Assistants to serve during
the election periods in the county to assist the Election Commissioners in coordinating the election process.

  WHEREAS, the Yates County Board of Elections desires to increase the hours required not to exceed 1200 hours
total for both positions during 2009.




         RESOLVED, that a copy of this resolution be given to the Election Commissioners, personnel officer,
administrator and the Treasurer.
VOTE: Unanimous

                                             RESOLUTION NO. 365-09

Mr. Banach offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                                         DECLARE PUBLIC HOLIDAYS
210                                   PROCEEDINGS OF THE LEGISLATURE



        WHEREAS, the County of Yates, pursuant to County Law § 206-a and based on the lack of traditional business
      volume during certain holidays, wishes to declare certain public holidays on which certain County offices will be
      closed to the public;

        NOW, THEREFORE BE IT RESOLVED, the County of Yates has determined to declare the day after
      Thanksgiving, the half days before Christmas and New Years when those holidays fall on a weekday that the offices
      of the County Clerk, County Treasurer, Clerk of the Legislature and the Sheriff‟s Civil Office are to be closed to the
      public; and be it further

       RESOLVED, that copies of this resolution be given to all departments.
      VOTE: Unanimous
                                               RESOLUTION NO. 366-09

      Mr. Banach offered the following resolution and moved its adoption, seconded by Dr. Dennis.

       AUTHORIZE PERSONNEL OFFICER TO SUBMIT GRANT APPLICATION FOR SAFETY TRAINING
               WHEREAS, Article 29 of the New York State Labor Law established a training and education
      program on occupational safety and health and charged the New York State Occupational Safety and Health
      Hazard Abatement Board with the responsibility for awarding funds to eligible grantees. Under the terms of
      a Memorandum of Agreement, the Board gave the NYS Department of Labor authority to administer the
      Program. Under this program, grant funding is potentially available to train Yates County employees, and
               WHEREAS, the Personnel Officer in conjunction with the Insurance and Risk Manager have proposed to
      work with Empire Safety Training & Consulting, Inc. of Chittenango, NY (“EST&C) on submission of the
      application to the New York State Department of Labor for said safety training grant; and

             WHEREAS, EST&C has proposed to work with Yates County at no cost for preparation of the application
      documents and in turn will provide the designated safety training based on funds allocated from the grant funding.
      EST&C has confirmed that no cost will be incurred by Yates County if the grant funding is not awarded;

               NOW, THEREFORE, BE IT RESOLVED, that the Personnel Officer is authorized to submit the
      application, and be it further

             RESOLVED, that the Personnel Officer and EST&C be provided with copies of this resolution.
      VOTE: Unanimous
                                           RESOLUTION NO. 367-09

      Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Fitch.




      AUTHORIZE CHAIRMAN TO SIGN REIMBURSEMENT CONTRACT WITH NYS DEPARTMENT OF
                               AGRICULTURE AND MARKETS

       RESOLVED, that the Chairman be authorized to sign reimbursement contract with the Department of Agriculture
      & Markets for Petroleum Testing to be performed by the Yates County Director of Weights and Measures.

       RESOLVED, that a copy of this resolution be sent to the Yates County Director of Weights and Measures.
      VOTE: Unanimous
                                              RESOLUTION NO. 368-09

      Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Paddock.
      DISCUSSION: Mrs. Alexander reported that all legislators received a letter from Senator Winner. Mrs. Alexander
      contacted both Senator Winner and Assemblyman Bacalles‟s office and spoke with Senator Winner‟s assist. She
                                 PROCEEDINGS OF THE LEGISLATURE                                                            211


was advised that whatever we felt was appropriate, whether it was a resolution or a letter would be helpful and to
make sure that the DOT was copied on it. Mrs. Alexander encouraged people to also contact the Governor
explaining that they understand that this money is available and could it possibly be redirected to 54A.

            A RESOLUTION URGING THE REDIRECTION OF SURPLUS STIMULUS FUNDS

         WHEREAS, stimulus funds were provided for the Route 15 road project in Lindley, NY and

         WHEREAS, bids came in well under what was initially expected, which resulted in a significant bid
savings on that project, and a surplus of stimulus funds is available for use on other projects in the region and state,
and

         WHEREAS, Senator George Winner Jr., and Assemblyman James Bacalles have asked that these surplus
funds be redirected to Yates County for the reconstruction of Route 54A,

          NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature urges the Governor‟s support
in redirecting some of those surplus stimulus funds to expedite the timetable on the reconstruction of State Route
54A from Branchport to Penn Yan in Yates County, and be it

       RESOLVED, that copies of this resolution be sent to Governor Paterson, Senator George Winner Jr.,
Assemblyman James Bacalles, Acting commissioner, NYSDOT, Stanley Gee, Regional Director, NYSDOT, Peter
White.
VOTE: Unanimous
                                       RESOLUTION NO. 369-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. J. Multer.
DISCUSSION: Dr. Dennis pointed out that this resolution only authorizes the bids. It does not authorize the
purchase of the truck.

AUTHORIZE HIGHWAY SUPERINTENDENT TO ADVERTIZE FOR BIDS FOR A NEW 4X4 PICK-UP
                                 TRUCK


         WHEREAS, the Yates County Highway Department has a need to replace a 2003 Ford F150 4x4 pickup
truck with a half-ton Chevrolet pickup, and

        WHEREAS, the Yates County Highway Department 2009 Road Machinery fund budget has sufficient
funds available to purchase a half-ton pickup truck and,

         WHEREAS, the Yates County Legislature Public Works Committee authorized the Highway
Superintendent to seek bids for a new Chevrolet pickup truck,

         NOW, THEREFORE, BE IT RESOLVED, to authorize the Yates County Highway Superintendent to
advertise for bids for a one-half ton Chevrolet pickup truck, and be it further

        RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer, the Yates County
Administrator, and the Yates County Highway Superintendent.
VOTE: Unanimous

                                               RESOLUTION NO. 370-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Fitch.

    AUTHORIZE LEGISLATURE CHAIRMAN TO SIGN 2009 – 2010 SNOW AND ICE CONTRACTS
212                                    PROCEEDINGS OF THE LEGISLATURE


       WHEREAS, in the interest of public safety all County roadways need to be cleared of snow and ice during the
      months of October to May, and

        WHEREAS, the Yates County Highway Department does not employ sufficient staff to accomplish the snow and
      ice removal on all County roadways, and

       WHEREAS, several Townships have agreed to contract this snow and ice removal on County roadways,

        NOW, THEREFORE, BE IT RESOLVED, to authorize the Chairman of the Yates County Legislature to sign
      contracts with participating Townships for Snow and Ice Removal for the County, and be if further

       RESOLVED, that a copy of this resolution be sent to the Yates County Treasurer, the Yates County Highway
      Department and each Town contracting with the County for Snow and Ice removal.
      VOTE: Unanimous

      Chairman Multer closed the public hearing on proposed local law 3-09 at 1:23 p.m.

                                                RESOLUTION NO. 371-09

      Mr. Banach offered the following resolution and moved its adoption, seconded by Mr. Holgate.

        ADOPT LOCAL LAW NO. 3-09 ENTITLED A LOCAL LAW AMENDING LOCAL LAWS 1 OF 1956,
        NO. 1 OF 1961, AND NO. 2 OF 2003, AMENDING SUBDIVISION 11 THEREOF TO INCREASE THE
                                RESERVE FUND FROM $300,000 TO $500,000.

       WHEREAS, proposed Local Law 3-2009 entitled A Local Law Amending Local Laws 1 Of 1956, No. 1 Of 1961,
      And No. 2 Of 2003, Amending Subdivision 11Thereof To Increase The Reserve Fund From $300,000 To $500,000
      was introduced at the September 14, 2009 meeting

       NOW, THEREFORE, BE IT RESOLVED, the proposed Local Law 3-2009 is hereby adopted and be it further

       RESOLVED, that a copy of this resolution be given to the Treasurer, and the Personnel Officer.
      VOTE: Unanimous

      Mrs. Alexander moved to enter executive session to discuss union negotiations, seconded by Dr. Dennis.

      Meeting adjourned at 1:24 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                            213



                             SPECIAL SESSION – MONDAY, OCTOBER 26, 2009
                                        BUDGET WORKSHOP

Chairman Multer opened the budget workshop with a moment of silence for Legislator Robert Nielsen. Chairman
Multer went on to thank the Department Heads and the County Administrator for all the hard work they have put
into this budget. It‟s a lot of work to get the budget developed.

NOTE: Minutes of budget workshops only reflect the motions made and the discussions around them.

Chairman Multer reminded everyone that this is a workshop. It is not an audience participation event. He will allow
time at the end of today as well as tomorrow for anyone in the audience who would like to make a statement or
comments.

Sarah explained that this is the 5th year that the county has kept to being fiscally conservative and keeping the tax
levy from taking major leaps. In 2006, the property tax levy increase was 2.8% and in 2007 the property tax level
increase was 0%, in 2008 the property tax level increase was 2.9%, in 2009 the property tax level increase was 0%,
and for 2010 the proposed tax level increase is 0%. For 3 out of the last 5 budgets the tax levy increase has been
0%. For the other 2 it has been less than 3%. Contrary to what you may have seen lately in the news media, the
County has towed the line on the property tax levy increase. This year has been harder than ever to do it. There are
things that are being recommended that Sarah is not happy about. It wasn‟t so long ago that the dispatch staff was
overworked and that the Sheriff was out taking a shift in dispatch occasionally. That‟s not what the Sheriff is
elected to do. Sarah is uncomfortable with the fact that we have a newly prompted department head and we are
rewarding the promotion by suggesting that the previous position should be done away with. That is a tough one to
swallow. Sarah does not like the fact that she is recommending that a highway position be dropped. It impacts the
scheduling of the road work and plowing. In some respects this proposed budget starts to undo the progress that we
have made over the last decade and she is uncomfortable with that. Sarah is also uncomfortable at the present time,
with the notion raising the property tax levy at all. Sarah has done what she had to do to try and keep the tax levy at
0%.

It is true however, that the total gross appropriations are up about $1.2 million from 2009.
Sarah explained that $460,000 is due to the contribution that we are required to make into the State Pension system.
Sarah stated that she realizes this is not an attractive subject and it is one more reason why we need a Constitutional
Convention, so that the laws and regulations regarding the state pension system can be altered. The way it works
right now is once a decision is made to exempt a certain group of employees from having to contribute anymore to
the pension system you can‟t go back on that. The State constitution has to be changed in order for that to happen.
Sarah explained that she is in a group of employees who do not have to make a contribution anymore to our pension
and she would gladly do it but she can‟t. This needs fixing and it is one more reason why we‟ve got to get there.
However, we can‟t do it right now so we have to pay $460,000 more into the pension in 2010 than we did this year.

In addition to that, the wage increases for the union groups and the non-union are estimated to cost approximately
$450,000 more in 2010 than they have in 2009. That is a gross figure, that does not take into consideration State
aid, local revenue, and Federal aid that helps offset these things. When you are looking at the gross appropriations,
this is part of the number and part of the reason for the increase. We have approximately $182,000 in additional
health insurance costs. We are very lucky that it is not higher. Our health insurance premium costs are going up
only 8% next year. The reason for that is our broker of record did a fabulous job of beating up Excellus and getting
them to come down on their original projection of 15%.

We are also looking at the possibility of $97,000 more dollars in 2010 for road machinery equipment for the
highway department. Those of you who were here a year ago will know that the highway department did not get
much of any new equipment for this year and we can‟t keep doing that year after year and expect the highway
department to be able to function properly. Those are the major causes of the increase of approximately $1.2 gross
million dollars in appropriations.

Sarah pointed out to the Legislature the outlook for 2011 is not good. Unless the stock market does well we are
going to need to make another large contribution to the pension system. The latest estimates are anywhere from
214                                    PROCEEDINGS OF THE LEGISLATURE


      40% to 60% which equates to $549,000 to $824,000. When you are looking at numbers like that, there is no place
      else to go except to shrink the workforce. Sarah explained that she is not looking forward to that prospect but she
      suggested that any restorations that are made for 2010 is going to make it that much harder for 2011.

      Chairman Multer explained that the votes will be determined by those present and motions have to be made
      to change a line.

      Legislature
      Dr. Dennis moved to freeze line 1020 for two years. In other words we would not be voting for an increase for
      ourselves in the middle of the term. Mr. Fitch seconded. Chairman Multer added line 1000 to the motion also.
      VOTE: Unanimous

      Dr. Dennis moved that line 1660 insurance buyout non-union be eliminated, seconded by Mrs. Flood.
      Discussion: Mr. Paddock clarified that this is for people who do not take insurance through the county.
      Mrs. Flood stated that that is correct. We would not be rewarded for not taking insurance through the county. Mrs.
      Flood went on to say it is beyond her comprehension why we would pay an elected official not to take our
      insurance. Mrs. Flood stated that she understands it cost less than the insurance does but she also understands for
      less than a part-time employee, that providing insurance at the rate that we are providing it, and providing a buyout
      for said insurance is probably a dinosaur benefit.
      VOTE: Unanimous

      Dr. Dennis moved that line 4654 mileage be lowered to $5,000, seconded by Mrs. Flood.
      Discussion: Mr. Banach questioned what happens if the $5,000 is used and someone puts in for mileage are you just
      going to say there is no more money. Dr. Dennis explained that that would be his proposal. That there not be a
      budget transfer when we get to that point it‟s done.
      Mr. Paddock stated in reality if a bill is presented and it is lawful that it has to be paid. Mrs. Alexander stated that
      she does seek mileage reimbursement because she serves on several committees. She also tries to go to the
      conferences and she turns her mileage in monthly. Dr. Dennis stated that he felt that was an appropriate use of that
      line.
      Mr. Fitch stated that as of September 56% of that budget has been used. He does agree with going down to $5,000
      but he would consider going down to $6,000. The reason the mileage is in there is to pay for legislators that have to
      come in from other districts other than the ones that are right next to the county buildings. So what you are doing is
      rewarding people that live close and punishing people that live further away. Mr. Fitch moved to amend the motion
      to $6,000, seconded by Dr. Dennis. Sarah explained that this is a bit problematic. There are two types of mileage.
      One is the mileage to come to the county office building from wherever, and the other is the mileage for legislators
      to attend meetings and serve on the boards that they serve on that require travel to other places, and there is another
      type which is travel to the NYSAC conference for legislators who go. Compounding this is the fact that there are
      legislators who do not turn in their bills until the end of the year. So looking at what has been spent through
      September doesn‟t really do you any good because it is not a true indicator of what the expenses are so far this year.
      If you reduce this line item and then expect after it has been exhausted to still have your mileage paid, I don‟t know
      how we are going to do that. Sarah explained the legislature needs to say this is a hard cap and everybody needs to
      start turning their mileage in monthly or except that it can‟t be the way you want it. Dr. Dennis agreed with
      everything that Sarah said, but this is a part-time job and he is not sure why legislators get paid mileage to come
      work. However, any work you do after you get here, if you incur mileage he has no problem with that reimburse.
      Dr. Dennis went on to say that he understands that there are certain members of the legislature who have come in
      more often than the rest of them and some of them have to come from a greater distance and there is some expense
      involved there and he feels it is appropriate to reimburse that. We expect the rest of our government to operate
      under the procedures we setup. He doesn‟t understand why the legislature cannot set up a procedure that if your
      mileage is not turned in within 60 days it‟s not paid. He realizes that this is not part of this discussion but down the
      road why can‟t that be done. Mrs. Flood explained that that is in place now.
      Chairman Multer stated that he does not believe in cutting the mileage to the point where legislators can‟t be paid to
      for their expenses to do their job. He does agree that if legislators do not turn in their mileage monthly that maybe
      they should not be paid. He cannot support reducing it just because it sounds good and feels good and in the end we
      have to come up with money.
      VOTE on the amendment to make it $6,000. Chairman Multer was the only No vote motion carried.
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VOTE on motion as amended Roll Call: Alexander, Dennis, House, Paddock, Fitch, Flood, Banach, Holgate voting
“Yes” Willson, J. Multer, Webster, R. Multer voting “No” motion carried.

Dr. Dennis moved that line 8305 medical insurance non-union be reduced to reflect that the legislators pay half of
the cost of their medical insurance, seconded by Mrs. Flood.
VOTE: Roll Call – Willson, Dennis, House, Paddock, Fitch, Flood, Banach, J. Multer, Holgate, R. Multer voting
“Yes” Alexander, Webster voting “No‟ motion carried.

District Attorney
Susan explained that she will let her successor know that there is money in one of the grants that can be used to
purchase a new color printer. Mr. Fitch moved to eliminate line 2115 printer, seconded by Mr. Paddock.
VOTE: Unanimous

Real Property
Mr. Fitch moved to cut line item 4507 copier charge by $400, seconded by Dr. Dennis
VOTE: Unanimous
Mr. Fitch moved to increase line item 1250 revenue fees (maps) from $16,000 to $18,000
VOTE: Unanimous

County Attorney
Mr. Fitch moved to reduce line item 4470 office supplies to $400, seconded Dr. Dennis.
VOTE: Unanimous

Personnel
Mrs. Alexander moved to lower line item 4011 consultants to $4,000, seconded by Dr. Dennis.
Dr. Dennis stated that he would like the appropriate committee to be kept up to date on what is planned before it‟s
done and maybe even be invited to any of those sessions as they occur so we really know what is going on.
Mr. Paddock questioned what the $6,500 would have gotten.
Wendy explained that any amount of training for our managers we can try to work within. Instead of maybe an all
day training session only do a half day. We have to be creative with the money that we are being given.
Chairman Multer stated that the consultants, especially when it comes to employee training, management training,
when you consider the amount of our budget that is employee driven Mr. Multer feels the funds should be put back
in.
VOTE: Unanimous

Mrs. Alexander moved to add $4,000 for the EAP program, seconded by Mr. Willson.
Dr. Dennis clarified that this is counseling for employees and family members through Family Counseling of the
Finger Lakes.
Wendy explained that this program provides all employees 3 free visits and if it impacts a spouse, the spouse
receives 3 visits, and if there is a child involved, there is another 3 visits for the child. So that family of 3 has the
potential of having 9 free visits. Then it is renewed every 90 days after that. Wendy stated that the county receives
a quarterly bill and we do not receive any feed back as to who has attended. We only receive the number of
employees and family members that have attended and the type of counseling that was required.
Dr. Dennis questioned if we could require someone to go to counseling.
Sarah explained that yes, for issues in the work place it is sometimes use as an alternative to disciplinary measures.
When we are attempting to correct behavior issues or issues of work productive that don‟t seem to be correcting
themselves that we suspect something is underlying it.
Wendy stated that it has also been useful in various departments where there have been disputes between employees
that can‟t get along and work closely day to day.
Dr. Dennis stated, if we require this, do we get any kind of feedback on our required attendance.
Sarah explained that no, we do not receive anything, unless an employee signs a release. They will tell you if they
attended but nothing else unless a release has been signed.
Dr. Dennis stated that from that point it would be up to that supervisor to report to us whether there has been any
change in behavior.
Dr. Dennis question if going to these sessions was on paid time.
216                                    PROCEEDINGS OF THE LEGISLATURE


      Wendy explained that if it is mandated yes, it is paid time. If it‟s for a personal reason the appointments are in the
      evening or personal time would be taken if the person was going during the day.
      Mr. Paddock stated that the same discussion takes place every year and it is constantly under used.
      VOTE: Roll Call Alexander, Willson, Dennis, J. Multer, R. Multer voting “Yes” House, Paddock, Fitch, Flood,
      Banach voting “No” Motion lost.

      Elections
      Mr. Fitch moved to restore line item 4461 election supplies to the requested amount of $26,900, Mrs. Flood
      seconded
      Bob Brechko explained this line item has to be put back to the requested amount because this is all brand new. The
      ballots are 57 cents each right now and they are required to supply 110% of the registered active voters for each
      election. Each voter has a chance to vote three times and if they make a mistake twice, that is one of the reasons
      why it‟s so high. This coming year is the gubernatorial election as well as a federal election. The turnout is going to
      be quite a bit more than what it is normally in the odd years.
      VOTE: Roll Call – Willson, House, Paddock, Fitch, Flood, Banach, J. Multer, Holgate, Webster, R. Multer voting
      “Yes” Alexander, Dennis voting “No” motion carried.

      Bob requested that line item 4660 travel be looked at again. This line item was cut which was based on what the
      three conferences would cost in 2010. Bob questioned if this cut was done across the board in all the departments or
      just Elections. There are three conferences a year, winter, spring and summer. The money that was budgeted is
      based upon conferences that are out of town, which they will be this coming year and the money is the hotel cost and
      conference cost. With the money that is left in the budget it will allow us both to attend one but not allow us both to
      attend the other two.
      Mrs. Alexander questioned if it wasn‟t possible for one to go and then come back and share the information with the
      office.
      Amy stated that to an extent that can happen, but her experience this past year that she attended, Republican‟s and
      Democrat‟s will still have private meetings and obviously we can‟t be a part of those. Amy stated that they are also
      talking about holding additional training at the conferences this year. This is beneficial training and if you are not
      there you cannot benefit from it. With the pilot program that Elections has embraced and rolled out entirely, to get
      the full benefit from other counties, it‟s hard to get that benefit if you‟re not a part of it. Amy feels that this year
      rather than any of the other years it‟s really important to be a part of it.
      Mr. Fitch questioned what the department was asking for for conferences.
      Sarah explained they are getting what they asked for for conferences, it‟s the travel expenses that got cut. There is
      more to travel expenses than just going to conferences. So what she is suggesting is that the other travel expenses be
      looked at and cut back.
      Bob explained the travel expenses that were in their budget were for two hotels at the conference locations for each
      of them with the meal packages that go with them.
      Mr. Fitch moved to restore line item 4660 travel expense $2,800, seconded by Mrs. Flood VOTE: Roll Call –
      Paddock, Fitch, Flood, Banach, J. Multer, Webster voting “Yes” Alexander, Willson, Dennis, House, Holgate, R.
      Multer voting “No” motion lost.

      Buildings /Grounds
      Dr. Dennis stated that as of the end of September only 28% of the budget has been used for line item 4678 Gas. Dr.
      Dennis questioned how far this line could be reduced.
      Bruce explained the reason it is at 28% is we have bought the natural gas program that we are on. Also, when Bruce
      submitted his budget a year ago in August he had submitted it at $15 a dekatherm and at this time last year he
      reduced it to $9 because gas had started to come down. Now if you are watching gas prices, it‟s even below that.
      Bruce based the budget on $9 a dekatherm knowing that we are at a lower rate right now. Any number of things
      could change that. Four years ago a hurricane went through the gulf and prices went from $7 or $8 a dekatherm to
      $12 and $13 a dekatherm. Things in the middle-east can dictate that too.
      Dr. Dennis questioned how far ahead we have prepaid. Bruce explained we are about 50% on all our gas right now.
      Bonnie reminded everyone that Bruce gave her the storage from the 2008-2009 season but she has not expensed it.
      That needs to come out of that line.
      Dr. Dennis still questioned if there wasn‟t a number that the line item could be reduced to.
                                 PROCEEDINGS OF THE LEGISLATURE                                                            217


Bruce stated that he brought it in at $9 and we are probably going to average that. If it stays today the way it is, we
are probably looking at $6 or $7 a dekatherm because gas is that low. It goes by the winter Bruce uses a 4 year
average to go by. He tries to be realistic when he submits the budget.
Mr. Fitch moved to lower line 4678 Gas from $30,000 to $28,000, seconded by Mrs. Alexander
VOTE: Unanimous

Mrs. Flood moved to reduce line item 4616 hand tools to 0, died for lack of a second.

IT
Mr. Fitch questioned Sarah on how she was going to adjust this budget based on a letter that she sent the legislature
on the IT Director.
Sarah explained that the FICA and Medical Insurance could be lowered. The only problem is that would be an
added expense in 2011 because it was not fully funded in 2010.
Mr. Fitch confirmed that Sarah expects to go the first quarter of 2010 without an IT Director.
Dr. Dennis moved to lower line item 8100 FICA by $1,125 to $3,465 and line item 8305 medical insurance by
$3,347 to $10,044, seconded by Mrs. Flood.
VOTE: Unanimous

At this time the legislature closed the workshop for lunch.

The legislature reconvened the Budget Workshop at 1:00p.m.

Mr. Fitch stated that the Empire Zone is something that Yates County has been trying to bring to our county for a
number of years now. We are the last county in the State to get an empire zone and one of the promises that we
made when we took on the empire zone was that we would support and fund the empire zone. The request that has
been made is for the cost of the employee that works in the FLEDC office. The position uses their staff, their
computers, their office, and their phones. Mr. Fitch stated that we promised them that this is what we would do as a
county and he feels it is wrong not to fund them at the request. The request is not a large increase at all. It does a
disservice to our economic development by not funding it to the request that was made. It is turning back on our
promise. The person that has that position has done an outstanding job the year he has been there. He has been a
great help to Steve Griffin, the head of the FLDEC, they make a great team and get a lot of work done. We have a
lot of things starting to happen in Yates County. Mr. Fitch stated that we owe it to ourselves, to our economic
development that we maintain that pledge that we had for a $1,200 difference.

Mr. Fitch moved to restore line item 4067 Empire Zone Expenses to $59,928, an increase of $1,227 seconded by
Mr. Holgate.
Mr. Paddock questioned what the affect would be if the funding was not increased to the requested amount.
Mr. Fitch explained that the gentleman that is working there does not receive any new benefits or a raise for the
year. He is a new employee. He took the job at a wage that Mr. Fitch felt was inexpensive for what we are
requesting of that position. It is basically paying the overhead for that individual and all the rest of the overhead is
within the FLDEC.
Mr. R. Multer questioned if there was some type of a report that could be given that would show the affect of the
empire zone on the community.
 Mr. Fitch explained that he doesn‟t have one, he is not on the Empire Board, but maybe Sarah does.
Sarah explained that she is planning on resigning as she has a conflict.
Mr. R. Multer asked for some sort of a report showing what the affect of the Empire Zone has had on the
community.
Dr. Dennis stated that it is his understanding that the empire zone is going to sunset as of June 30 th.
Mr. Fitch stated that something is going to happen as of June 30 th, it may not be the format as it is right now but it
will be in a different format. All the administrative reports, which fortunately Yates County doesn‟t have too many,
that were done previously, whether funded or unfunded still have to be continued. Even if there is no empire zone,
you are still responsible for all the administrative paperwork for the empire zone that has already been established
for the businesses and so forth. Fortunately, we don‟t have that big of a problem but a lot of counties would have
that problem.
Dr. Dennis stated that he would like to have a report. This has been funded now for two years and we have spent
approximately $100,000. What have we got for our $100,000? Dr. Dennis stated that this was sold to us as a full
218                                    PROCEEDINGS OF THE LEGISLATURE


      time empire zone position. He questions if this position is a full time empire zone position without a report, and if it
      is needed and if it is a half time executive assistant to the director of the EDC that is the way it should be budgeted.
      It should be budgeted through their budget not ours. Dr. Dennis wonders where the county is going to go with this.
      If is only going to last 6 months he feels it should only be funded for 6 months or if it is only a half time position for
      the empire zone it should only be funded for half time.
      Mr. Fitch stated that he will try and get a report by tomorrow, it is a full time position Ryan is working on it all the
      time. Just because this position works with Steve Griffin, they work in tandem. When the empire zone works for
      the Economic Development Corporation it‟s because they offer some of the same things. Unfortunately, the empire
      zone territory or imprint is much smaller than the whole of Yates County. We wanted an empire zone and we have
      the responsibility of funding the empire zone.
      Dr. Dennis stated that we wanted and empire zone if we could have gotten it in time to be effective. We were the
      last ones to get one and all the good deals were already doled out to neighboring counties. I am not being critical of
      our empire zone or our personnel. Dr. Dennis is not sure what can be shown for the $100,000 that was spent.
      Mrs. Flood stated that she has the same question but what we are going to show is that most of the empire zone is
      still empty as far as she knows. Mrs. Flood when on to state that the position might not be full time but it might be
      three-quarter time.
      Mr. J. Multer stated that Mr. Fitch could get more information by tomorrow; he moved to table this until tomorrow,
      seconded by Dr. Dennis.
      VOTE: Unanimous

      ProAction
      Katie Smeenk explained that the ratio for state support is $1 of county investment for every $3 in state investment.
      In federal support it is $1 to every $9 in federal support. The $59,000 that ProAction is requesting for 2010
      leverages more than a million dollars in state and federal support. The different between the requested funding and
      the recommend funding will leverage about $37,000 in state and federal funds using a 50/50 allocation of state and
      federal dollars. The requested funding is the first increase in Yates County‟s support since the 2005 budget. Katie
      explained that if Pro-Action does not receive the requested amount they will not be able to absorb the impact in our
      community service block grant funding. As of right now, already 75% for that funding source is devoted to senior
      services and the state has a problem with this. They actually comment on the disproportion in amount used for
      senior services for the community services block grant program. The funding is used in two areas. One is $90,000
      to provide transportation services. We have expanded our transportation program for seniors and the seconded one
      is general administrative support. Katie explained that what will happen without the additional funding is they will
      have to review their services. They do not accept all of their state funding right now for the in-home services
      program. It is likely that they will accept less of that. They will also review the hours of transportation that they are
      able to provide. They may have to cut back. Those would be the two areas most likely impacted by not receiving
      the requested amount of funding.
      Mrs. Flood moved to restore funding to $59,082, seconded by Mr. Paddock.
      VOTE: Roll call – Alexander, House, paddock, Fitch, Flood, Banach, Taylor, J. Multer, Holgate, Webster, R. Multer
      voting “Yes” Willson, Dennis voting “No” Motion carried.

      Recreation
      Mr. Church stated that a study was done on the people that used the pavilion at Red Jacket and found that 75% of
      them were non village residents. It doesn‟t mean they are all county residents. Some of them were out of the
      county. The cut in funding will affect the Penn Yan Recreation budget. The village is approaching approximately
      40% tax exempt property. The village is asking for help and does appreciate what has been done in the past.
      Mr. Banach moved to restore funding back to last years‟ funding of $20,000, seconded by Mrs. Taylor.
      Mrs. Flood questioned what the hours of the beach operation are.
      Mr. Doyle stated they are 10:00 a.m. to 8:00 p.m. and in August it goes to 10:00a.m. to 6:00 p.m.
      Mrs. Flood stated that she did some unofficial surveys and most of the time the people coming from Dundee will
      arrive by about 10:30a.m. they could wait until 11:00 or 11:30a.m. to get here. Mrs. Flood questioned if it was ever
      considered opening the beaches from noon to 8:00p.m. taking those two hours off both Red Jacket and Indian Pines
      for under use during those early hours.
      Mr. Doyle explained that the summer playground starts at 10:00a.m. and runs until 2:00p.m. on both beaches.
      Mr. Banach stated that one of the reasons you have lifeguards is for protection and people do swim early. That is
      one of the reasons they start at 10:00 a.m. because people show up to swim.
      Mr. Willson stated that the boat launch is still open for free. Has there been any discussion about charging a fee.
                                PROCEEDINGS OF THE LEGISLATURE                                                            219


Mr. Church stated that it has been looked at but no decisions have been made.
VOTE: Roll call – Willson, Fitch, Flood, Banach, Taylor, Webster voting “Yes” Alexander, Dennis, House,
Paddock, J. Multer, Holgate, R. Multer voting “No” Motion lost.


Historical Society
Mrs. Alexander moved to restore the funding to last years‟ amount of $5,296 seconded by Mr. Fitch.
VOTE: Roll call – Alexander, Fitch voting “Yes” Willson, Dennis, House, Paddock, Flood, Banach, Taylor, J.
Multer, Holgate, Webster, R. Multer voting “No” motion lost.

Arts Council
Mrs. Alexander moved to return the funding to last years‟ amount of $1,247, seconded by Fitch.
Mr. Fitch commented that we are always talking about what we need to get more people to come to Penn Yan and
we are one of the lowest in the surrounding area lacking art type of things. We see what happened in the Village of
Hammondsport, that place is exploding in the summer with their arts festivals down there. We all talk about
economic growth, this is one type of economic growth that Yates County can do without a lot of cost and done
professionally. These people that work in the arts council are artists, they have great backgrounds and a number of
them have business backgrounds. The arts council is something that helps the economic development it brings
dollars to people into Yates County that spend money here.
VOTE: Roll Call – Alexander, House, Paddock, Fitch, J. Multer, Holgate, Webster, R. Multer voting “Yes” Willson,
Dennis, Flood, Banach, Taylor voting “No” motion carried.

Cooperative Extension
Mr. Fitch stated he could not think of one good reason not to support Cooperative Extensions request. Mr. Fitch
went on to say that he feels Cooperative Extension has done more for economic development in Yates County than
many other agencies or groups within the County itself. They take care of our water with the Keuka Lake
Association, they help with their dairy program. The fastest growing dairy area in the state is Yates County, most
of them are Mennonites. They also deal with organic food, also most of the organic food is raised by the
Mennonites, they help design the system that they use and we have Jud Reed. They have 4H for education which is
a great education program that more kids should take. Mr. Fitch stated that Cooperative Extension is a most
important part of our community and economic development. Mr. Fitch moved to restore funding for Cooperative
Extension to the requested amount of $266,275, seconded by flood.
Mr. Fitch stated that we have been around this table now for better than a half a day and I get the feeling that this
legislature has been intimidated, scared, not taking the responsibilities as they should. In my particular case I am no
longer going to intimidated or upset, I‟m going to do what I think is right for Yates County. If we have to spend
some money to help out economic development by god I‟m going to vote for it and this is one of the ones I consider
important. Not voting for this would be like biting off your nose to spite your face.
Mr. Paddock questioned if Mr. Fitch knew where an off- setting revenue could be found.
Mr. Fitch stated that he did not.
Mr. Holgate suggested that the revenues be raised in the sales tax.
Mr. Fitch stated that we can look at this tomorrow.
Mr. Banach stated that $5,000 was saved off the village this year. Mr. Banach agrees with Mr. Fitch and feels he
has a very valid point. There is one other point that Mr. Banach does not know if people heard. Cooperative
Extension is working 40 hours a week and commends them for that. When the rest of the county is working 35, he
applauds them for that.
Sarah stated with the exception of Highway, Public Safety, and Buildings and Grounds who also work 40 hours.
VOTE: Unanimous with Dr. Dennis abstaining because of a potential a conflict.

Soil and Water Conservation
Mr. Willson stated he works with Soil and Water on a daily basis for his business. They contribute to quality of life
everyday by solving situations put before them before a crisis occurs.
Mr. Willson moved to restore the funding to the requested amount of $103,000, Mr. House seconded.
Mr. Paddock questioned what affect it would have on the agency if the funding was only restored to last years‟
figures. What services would not get delivered.
Jim stated he has had a chance to discuss this with staff and board members since receiving the budget
recommendation. Jim felt some of the first categories that would be looked at would be some of the anticipated
220                                   PROCEEDINGS OF THE LEGISLATURE


      equipment purchases this year and see if they could be put off or not. Then look at what affect there would be on
      some programs. Without meeting with the full board and staff they have not had time to prioritize anything.
      Mr. Paddock questioned if the request for $103,000 added any new programs.
      Jim explained that no, it maintained what programs they offered in the past.
      Mr. Fitch stated that there again Soil and Water is protecting the soils and waters of Yates County. Helps out our
      farmers, municipalities, some of steep slope regulations that are going through the towns now were basically built
      with Rick and Jim‟s help. Mr. Fitch feels this is something very important to support.
      Mr. Banach stated he cannot support this unless it is at last year‟s figure.
      VOTE: Roll Call – Alexander, Willson, Dennis, House, Paddock, Fitch, Flood, Taylor, J. Multer, Holgate, Webster,
      R. Multer voting “Yes” Banach voting “No” motion carried

      Probation
      Sharon stated that she would like the legislature to consider filling the probation supervisor position and reviewed a
      proposed plan. Sharon suggested filling the probation supervisor position as an internal promotion within the
      department. The resulting vacancy would not be filled. Most likely that would be the senior probation officer
      position. Sharon explained that since she has taken the job of director she is doing the duties of the director as well
      as the supervisor‟s position. This would create one less staff member in the department and will have an impact in
      the department but they will try and reorganize and try to pick up the work. Sharon stated that she would be looking
      at the non-mandated services. The only non-mandated services within the department are the electronic monitoring
      program and the pre-trial services program. Both of those programs we do to try and save the county money to save
      individuals incarcerated in the jail. Currently there is a probation assistance who is housed in the department and
      does the community service program and is funded through the ATI budget. Sharon would like that position to go to
      full time and have them do the pre-trial and elected monitoring and continue to offer those services to try and help
      the county save money but do it in an inexpensive way. Half of this position would be better funded through
      probation and half through ATI. State aid could be gained if half of the position was through probation.
      Mrs. Alexander clarified that there would be no additional staff.
      Mr. Fitch questioned with this proposal could the overtime be lowered.
      Sarah explained that yes it could be lowered to $300
      Sharon stated that the home phone work could be lower to $200
      Mr. Paddock moved the above package, seconded by Dr. Dennis.
      VOTE: Unanimous

      Coroner
      Mr. Fitch moved to lower line item 4006 autopsies to $13,000 and line item 4023 hospital charges to$ 6,500,
      seconded by Mr. Paddock.
      VOTE: Roll call – Alexander, Willson , Dennis, House, Paddock, Fitch, Flood, Banach, Holgate voting “Yes”
      Taylor, J. Multer, Webster, R. Multer voting “No” motion carried.

      Dispatch
      Sarah issued a memo explaining that by resolution 339-09 a vacant deputy sheriff position was abolished but was
      not taken out of the budget. Thereby line item 3110.1752 on page 44 of the 2010 budget can be
                                 PROCEEDINGS OF THE LEGISLATURE                                                           221


reduced by $50,178. The FICA/Medicare can be reduced by $3,839 and the DSA medical insurance can be reduced
by $13,693 for a total savings of $67,710. If these funds were used to restore the dispatch position, the holiday
overtime line item in the dispatch budget line 3021.1951 page 42 could be reduced to the original request of $25,000
for a $4,500 savings. The overtime line item in the dispatch budget line item 3021.1952 page 42 could be reduced
to the original request of $8,500 for a $16,500 savings and the resulting savings in FICA/Medicare would be $1,606
for a total savings of $22,606. Adding this to the savings identified previously the total savings is $90,316. The cost
of restoring the dispatcher position with benefits $54,535. If you subtract this from the $90,316 in savings it still
leaves $35,781 in savings.
Mr. Webster moved to reinstate the position, seconded by Nancy Taylor
VOTE: Unanimous

Sheriff
Mr. Fitch questioned with the current gasoline pricing could the gasoline line be lowered?
Ron explained if things were to stay the way they are now, Ron believes this line will come in under budget. Ron
was caught off guard a couple of years ago when the cost soared way up. Ron thought that through September
$60,000 had been spent.
Dr. Dennis confirmed that the $60,000 included the Sheriff‟s cost and Jail costs.
Mr. Fitch moved to lower line item 4653 Gasoline to $85,000, seconded by Dr. Dennis. VOTE: Unanimous

Jail
Mr. Fitch questioned if the forensic line item could be lowered.
Ron explained this line item is used whenever someone is committed to the jail that is basically mentally ill and you
can‟t house them in the jail because they are either a suicide risk and we have someone watching them 24/7 or some
other mental factors. Then we have to put them in a special forensic unit which is expensive. One year we can be
ok and another year we may not be. Those units are very expensive.
Mr. Fitch moved to lower line item 4720 Forensic Unit to $17,000, seconded by Dr. Dennis.
VOTE: Unanimous

Mr. Fitch moved to enter executive session to discuss contract negotiations, seconded by Mr. Holgate.
Meeting adjourned at 5:00 p.m.

                                          Budget Workshop seconded day
                                                 October 27, 2009

Sarah reported on where the budget stands after the actions taken yesterday. The total subtracted from yesterday‟s
session was $21,017. Also, the difference in wages between the probation supervisor and the senior probation
officer is $2,792 this will need to be put into Probation‟s budget. If the legislature does not want to that Sarah can
put it in the contingency fund.

Mr. Fitch asked Steve Griffin, Director of the Finger Lakes Economic Development Center to report on the progress
of the Empire Zone. Ryan Hallings could not attend the meeting do to a conflict.

Steve reviewed the following projects and reported on the job duties of the Empire Zone Coordinator.
222                                      PROCEEDINGS OF THE LEGISLATURE


                                                          Induced Capital Total Company                             Cost Benefit
      Project Name        New Jobs           Wages       Investments      Investments               Tax Credits     Ratio

      Dundee Foods                  5    $    5,659,000 $         430,000    $            430,000   $     141,920    $           43
      Premium Copack               10    $      512,000 $         170,000    $            170,000   $      65,000    $           10
      FL Health #1                  0    $               $        100,000    $          9,000,000   $      25,000    $            4
      La Cocina                 15.65    $    1,685,653 $         514,796    $            514,796   $     208,229    $           11
      YCRR, Inc                     0$                  -$      1,000,000    $          2,864,000   $     250,000    $            4
      Coach & Equipment            35    $   40,750,000 $       2,655,000    $          2,655,000   $     908,035    $           48
      FL Health #2                  0
                                    $                   -$        150,000    *included in FL#1      $      37,500    $            4

      TOTAL                     65.65 $      48,606,653 $       5,019,796 $           15,633,796 $      1,635,684 $             124

      Mr. Fitch moved to increase line item 6420/4067 Empire Zone Expenses to $59,928, seconded by Mr. Paddock.
      Mr. Banach stated that we are going to be chastised no matter what we do. If he‟s going to be chastised he would
      like it to be for supporting economic development.
      Dr. Dennis wanted to go on record as supporting economic development.
      VOTE: Roll Call – Alexander, Willson, House, Paddock, Fitch, Flood, Banach, J. Multer, Holgate, Webster, R.
      Multer voting “Yes” Dennis voting “No” motion carried.

      OEM
      Glen reported the $1,000 in line item 2115 Computer hardware can be eliminated a grant has been received which
      can be used to purchase this item.
      Mr. Paddock moved to eliminate $1,000 from line item 2115 Computer hardware, seconded by Dr. Dennis.
      VOTE: Unanimous

      Mrs. Alexander questioned if Glen could obtain a grant to cover some of the cost of lettering.
      Glen explained that he has tried that in the past and it has not been approved that is why he put it in the budget. The
      funding being requested is for lettering of three trailers. Glen has no problem putting a county decal on them, but
      there are others who feel they should be fully lettered.
      Mrs. Alexander moved to lower line item 4070 lettering to $1,500, seconded by Mr. Willson.
      VOTE: Unanimous

      Public Health
      Deb stated that if Chris Warriner no longer needs a laptop she had no problem removing it from the budget. Also,
      the vehicle was removed from the budget and she understands the need to do that in light of the economic situation.
      She is glad to see that the budget officer did include additional money in the maintenance line for vehicles.
      Mr. House moved to remove $1,200 from line item 4010/2115 seconded by Dr. Dennis. VOTE: Unanimous

      Veterans
      Dr. Dennis questioned if line item 4653 gasoline could be lowered a little with the decrease in pricing.
      Earle felt that it probably could be lowered a little.
      Dr. Dennis moved to lower line item 4653 to $2,700 seconded by Mr. Fitch.
      VOTE: Unanimous

      Road Fund
      Dave explained line item 5110/4602 Bituminous materials needs to be increased by $250,000 which is the stimulus
      project, the weather is such that the work cannot be done at this time. Reserve D4589 Federal Aid Transportation
      DOT line needs to increase by $250,000 also.
      Dr. Dennis moved this motion seconded by Mr. Paddock.
      VOTE: Unanimous

      Dave addressed the vacant position that he has. Dave understands the situation we are in but pointed out for the last
      nine years we have made an investment in our infrastructure by doing capital rehabs and rebuilding
                                 PROCEEDINGS OF THE LEGISLATURE                                                               223


the roads. Highway provides a tangible benefit to the taxpayers. People who do not use a lot of other services do
get the benefit of traveling our roads and using them and it is their mission to maintain the highway system and to
build roads that are cheaper to maintain in the future. It has been said in the media and other venues that our cost
per citizen is up compared to other counties, that includes the airport fund, acquisitions of equipment and land up
there, that is beyond Dave‟s control. He has nothing to do with the airport. Yes, it is transportation but its‟ not
Dave‟s transportation. Dave feels his department is doing an efficient job, they provide a good service to the people.
Approximately, $18 million was spent in the last nine years to get the roads into good shape. Our roads matter to
seniors, they matter to emergency management, they matter to schools, to local business and the economy. We need
a good infrastructure for our tourist to want to come back and tell people that Yates County is a good place to come.
If our roads are in such shape that cars are being damaged and accidents are occurring because of unsafe roads, that
is not going to speak well of our County. To go backwards and not protect that investment, which is what would
happen in affect if we don‟t have the proper staffing. We are working smart, we are working efficiently. Dave
explained they cannot continue to do the work that they do without the appropriate people to do it.

Mr. Willson stated the maintenance costs should start to ease up at some point because of the way the roads and
ditches are being built.

Dave agreed that in time that will happen, he does not want to sacrifice quality for quantity. Dave explained that
the costs are getting cheaper for the maintenance. He is not getting called out at night on roads that have been taken
care of and it cuts down on the over time.

Mr. Holgate stated that by having this position and at a MEO, it will allow Dave to have a 4 th crew on the roads.

Mr. Webster moved to reinstate the position that has been eliminated, seconded by Mr. Holgate.
Mrs. Flood stated that she has a workforce that works 24/7. When Highway stops plowing at 10:00p.m. it affects the
hospital, the homestead, and a few other places and it does put part of the workforce in human services in some risk.
It‟s better when we call the Sheriff and have him close the roads because at that point in time it changes the
perspective of people‟s ability to get in when it really isn‟t safe for them to come. No one thinks that Dave should
take personal responsibility for what he can and can‟t provide at the highway department. The highway department
is the meanest, leanest highway department ever.
Sarah stated that as far as she can tell, if the legislature wants to leave the tax levy at zero and put this position back
in, you need to come up with $15,000. By adding this position back in, it puts you in the hole $15,068.

Mr. Willson stated that he can‟t support the position based on some of the other things that are coming down the
road. Dave does a great job and so doesn‟t the staff. Mr. Willson stated he would rather have funds to purchase safe
equipment.
VOTE: Roll Call – Alexander, J. Multer, Holgate, Webster, R. Multer voting “Yes” Willson, Dennis, House,
Paddock, Fitch, Flood, Banach voting “No” Motion lost.

The legislature adjourned for lunch and will reconvene at 1:30p.m.

Sarah reported to the legislature that they have subtracted approximately $23,815 from the proposed budget.

Mr. Paddock stated that since we are in the negative he would like to go back to Veterans Services gifts/donations
and zero that line item out.
Mr. Paddock moved to eliminate $2,146 from Revenue 2705 gifts and donations, seconded by Mr. Fitch.
Dr. Dennis stated he thought it was a wise thing to do. To anticipate gifts is quite presumptuous.
VOTE: Unanimous
                                            RESOLUTION NO. 372-09

Mr. Fitch offered the following resolution and moved to adoption, seconded by Mr. Banach.
224                                    PROCEEDINGS OF THE LEGISLATURE




      ADOPT TENTATIVE BUDGET

        WHEREAS, the Finance Committee recommends for adoption the Tentative Budget for the year 2010 as filed by
      the Budget Officer, and as modified and revised by the Legislature,

        NOW, THEREFORE, BE IT RESOLVED that the Legislature hereby adopts the Tentative Budget, and be it
      further

             RESOLVED, that a copy of this resolution be given to the Budget Officer.
      VOTE: Unanimous
                                             RESOLUTION NO. 373-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

      SET DATE FOR PUBLIC HEARING ON TENTATIVE BUDGET


       RESOLVED, that the Clerk of the Yates County Legislature is directed to advertise a public hearing on the
      Tentative Budget to be held in the Legislative Chambers, 417 Liberty Street, Penn Yan, New York on November 16,
      2009 at 7:00 p.m. and be it further

       RESOLVED, that a copy of this resolution be given to all Department Heads.
      VOTE: Unanimous

      Meeting adjourned at 1:40 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                          225



                           REGULAR SESSION – MONDAY, NOVEMBER 9, 2009

The Yates County Legislature convened in regular session, Monday, November 9, 2009 in the Legislative Chambers
at 1:00 p.m., Chairman Robert Multer presiding. Legislator Flood absent.

A moment of silence was observed in honor of Legislator Robert Nielsen.

Minutes of the October 13th meeting were approved as presented.

Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund                              $     30,320.79
Finance                                   $    333,621.66
Flint Creek                               $     12,444.00
Government Operations                     $     39,298.64
Human Services                            $    529,847.97
Prior to Audit                            $    320,243.67
Public Safety                             $     88,824.81
Public Works                              $    142,407.70

The year-end meeting of the Legislature will be held on December 28, 2009 at 1:00 p.m.

COMMITTEE REPORTS:
Sarah reported the tentative 2010 budget is on the website and she will be picking up copies from the printer
tomorrow.

                                              RESOLUTION NO. 374-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.

            SUPPORT OFFICE OF COURT ADMINISTRATION MUTUAL AID EXTENSION

       NOW, THEREFORE, BE IT RESOLVED, that the Office of Court Administration‟s request to Sheriff Spike
for assistance with court security peace officers in adjoining Seneca County is endorsed understanding that wages
and expenses will continue to be reimbursed, and that the Sheriff is authorized to sign an extension agreement to the
Inter-municipal mutual aid agreement on file extending it to December 31, 2010, and that

    RESOLVED, that a copy of this resolution be provided the Sheriff.
VOTE: Unanimous

                                              RESOLUTION NO. 375-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Paddock.

   AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN AGREEMENT WITH LISA BAKER FOR
                   CASELOAD EXPLORER FINANCIALS TRAINING

  WHEREAS, the Yates County Probation Department desires to have Caseload Explorer Financials training to
computerize financial records for greater efficiency, and,

  WHEREAS, Lisa Baker, 37 George Street, Apartment #1, Owego, New York is New York State Probation trainer
for Caseload Explorer software program,

  NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the County Legislature is authorized to sign an
agreement with Lisa Baker, and be it further
226                                   PROCEEDINGS OF THE LEGISLATURE



               RESOLVED, that a copy of this resolution be sent to the Probation Director.

                                                  RESOLUTION NO. 376-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Dennis.

        AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN AGREEMENT WITH MICHAEL SCHANK
                                FOR POLYGRAPH SERVICES

        WHEREAS, the Yates County Probation Department desires to have specialized polygraph examinations
      conducted on certain sex offender probationers to better monitor their compliance, and,

        WHEREAS, Michael Schank, 3013 Wood Road, Himrod, New York is a qualified and experienced polygraph
      examiner who conducts these examinations for other jurisdictions,

        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the County Legislature is authorized to sign an
      agreement with Michael Schank, and be it further

             RESOLVED, that a copy of this resolution be sent to the Probation Director.
      VOTE: Unanimous

                                                  RESOLUTION NO. 377-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                                         PROCLAIM HOME CARE MONTH AND
                                            HOME HEALTH AIDE WEEK

        WHEREAS, home care services provide high quality and compassionate health care services to those in need,
      especially at times of community or personal health care crisis,

        WHEREAS, home care is the most preferred method of health care delivery among disabled, elderly, and
      chronically ill individuals eager to live independently in their own homes as long as they possibly can; and

        WHEREAS, home care services allows families to stay together, and provide for greater health, dignity and
      comfort in our communities; and

        WHEREAS, home care in the United States is a growing alternative to hospitalization or other institution-based
      forms of health care for acute and chronic illnesses, providing care to millions of American each year; and

        WHEREAS, thousands of everyday heroes such as home care nurses, therapists and aides work tirelessly to
      provide professional health and palliative care and support to millions of Americans in need of quality health
      services; and

        WHEREAS, these dedicated home care professionals and volunteers form a support network that continues to play
      a vital role in health care delivery for our nation‟s disabled, infirm and aging population; and

       WHEREAS, the National Association for Home Care & Hospice, and thousands of home care agencies across the
      United States have declared the month of November 2009 as National Home Care Month; and

        WHEREAS, Yates County wishes to give special thanks to the Home Health Aides who since 1970 have provided
      thousands of hours of compassionate, caring services to the ill and frail in our community,
                               PROCEEDINGS OF THE LEGISLATURE                                                      227


 NOW, THEREFORE, BE IT RESOLVED THAT, Yates County, does hereby proclaim November 2009 as
HOME CARE MONTH and the week of November 15, 2009 – November 21, 2009 as HOME HEALTH AIDE
WEEK in Yates County.

 RESOLVED, that a copy of this resolution be sent to the Public Health office.
VOTE: Unanimous

                                          RESOLUTION NO. 378-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

    RENEW AGREEMENT WITH NEW YORK STATE DEPARTMENT OF HEALTH FOR EARLY
                    INTERVENTION ADMINISTRATION GRANT

  RESOLVED, that the Chairman is hereby authorized to sign an Agreement with the New York State Department
of Health for an Early Intervention Administration grant in the amount of $28,905 for the period October 1, 2009
through September 30, 2010, and be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
VOTE: Unanimous

                                          RESOLUTION NO. 379-09

Mr. Paddock offered resolutions 379 thru 384-09 and moved their adoption, seconded by Mr. Dennis.

                                SIGN AGREEMENT WITH SUSAN FRANKS

  RESOLVED, that the Chairman is hereby authorized to sign an Agreement with Susan Franks for provision of
coordinator support for Medical Reserve Corps Program for the period November 2, 2009- December 31, 2010 at an
amount not to exceed $333 per month, and be it further

  RESOLVED, that the requirement for the contractor to submit a Certificate of Insurance naming Yates County as
an additional insured is waived, and be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 380-09

SIGN AGREEMENT WITH HEALTH RESEARCH, INC. FOR THE NEW YORK STATE DEPARTMENT
          OF HEALTH EMERGENCY PLANNING AND IMPLEMENTATION GRANT


  RESOLVED, that the Chairman is hereby authorized to sign a contract for a $104,451 grant from the New York
State Department of Health for Public Health Preparedness/Response for Bioterrorism in Yates County for the
period August 9, 2009 through August 31, 2010, and be it further

 RESOLVED, that a copy of this resolution be sent to the Yates County Treasurer and the Public Health office.
VOTE: Unanimous




                                          RESOLUTION NO. 381-09
228                                  PROCEEDINGS OF THE LEGISLATURE


           SIGN AGREEMENT WITH YATES COUNTY CORNELL COOPERATIVE EXTENSION FOR
                     HEALTHY COMMUNITIES CAPACITY BUILDING INITIATIVE

        WHEREAS, the Yates County Cornell Cooperative Extension Office has agreed to provide some of the
      components of the Yates Healthy Communities Capacity Building Initiative and

        WHEREAS, the Healthy Communities Capacity Building Initiative will fund the cost of the components of the
      project provided by Yates County Cornell Cooperative Extension Office, now, therefore, be it

        RESOLVED, that the Chairman is hereby authorized to sign an agreement with the Yates County Cornell
      Cooperative Extension to provide such services in an amount not to exceed $5,000 for the period 8/1/2009 –
      3/31/2010, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 382-09

           SIGN AGREEMENT WITH THE PYRAMID LIFE INSURANCE COMPANY AND AMERICAN
                  PROGRESSIVE LIFE & HEALTH INSURANCE COMPANY OF NEW YORK

        RESOLVED, that the Chairman is hereby authorized to sign an agreement with The Pyramid Life Insurance
      Company and American Progressive Life & Health Insurance Company of New York for the reimbursement for
      services rendered to their members, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office.
      VOTE: Unanimous
                                              RESOLUTION NO. 383-09

                         SIGN AGREEMENT WITH S2AY RURAL HEALTH NETWORK FOR
                           HEALTHY COMMUNITIES CAPACITY BUILDING INITIATIVE

       WHEREAS, the S2AY Rural Health Network has agreed to provide some of the components of the Yates Healthy
      Communities Capacity Building Initiative and

        WHEREAS, the Healthy Communities Capacity Building Initiative will fund the cost of the components of the
      project provided by the S2AY Network, now, therefore, be it

        RESOLVED, that the Chairman is hereby authorized to sign an agreement with the S 2AY Rural Health Network to
      provide such services in an amount not to exceed $23,192 for the period 8/1/2009 – 3/31/2010, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
      VOTE: Unanimous


                                                RESOLUTION NO. 384-09

                   SIGN AGREEMENT WITH S2AY RURAL HEALTH NETWORK FOR
         EARLY INTERVENTION QUALITY ASSURANCE AND QUALITY IMPROVEMENT SERVICES

        RESOLVED, that the Chairman is hereby authorized to sign an agreement with The S 2AY Rural Health Network
      for the provision of Early Intervention Quality Assurance and Quality Improvement Services in an amount not to
      exceed $10,000 for the period December 1, 2009- June 30, 2011, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
      VOTE: Unanimous
                              PROCEEDINGS OF THE LEGISLATURE                                                   229


                                         RESOLUTION NO. 385-09

Mr. Paddock offered resolutions 385 thru 387-09 and moved their adoption, seconded by Mr. House.

      AUTHORIZE THE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE
 DIRECTOR/DESIGNEE OF COMMUNITY SERVICES TO SIGN AN AMENDED 2009 AGREEMENT
                     WITH CAROL G. SCHREINER (INCREASE)

 WHEREAS, Yates County and the Yates County Department of Community Services wish to sign an amended
2009 AGREEMENT with Carol G. Schreiner, and

  WHEREAS, the original amount of $48,946.00 is to be increased by 2.5% ($1,224.00) to $50,170.00, and there
are 100% New York State Office of Mental Health funds to fund this amended AGREEMENT, and

 WHEREAS, the term of the AGREEMENT is January 1, 2009 through December 31, 2009,

 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County Legislature and the
Director/Designee of Community Services be authorized to sign this amended AGREEMENT with Carol G.
Schreiner for the increase in funding, and be it further

 RESOLVED, that copies of this Resolution be provided to the Yates County Treasurer and the Yates County
Department of Community Services.
VOTE: Unanimous
                                        RESOLUTION NO. 386-09

  AUTHORIZE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE DIRECTOR/DESIGNEE
 OF COMMUNITY SERVICES TO SIGN AN AMENDED 2009 AGREEMENT WITH THE YATES COUNTY
                         CHAPTER NYSARC for OTHER THAN 620 FUNDS
          WHEREAS, Yates County and the Yates County Department of Community
Services wish to amend the 2009 AGREEMENT with the Yates County Chapter
NYSARC, and
          WHEREAS, there is an additional $33,980.00 in 100% New York State
Office of Mental Health funds to increase the contractual amount from
$125,121.00 to a new total of $159,101.00, and
          WHEREAS, the term of the AGREEMENT is January 1, 2009 through December
31, 2009,
          NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County
Legislature and the Director/Designee of Community Services be authorized to
sign an amended AGREEMENT with the Yates County Chapter NYSARC, and be it
further,
        RESOLVED, that copies of this Resolution be provided to the Yates County Treasurer, The Yates County
Chapter NYSARC, and the Yates County Department of Community Services.
VOTE: Unanimous


                                         RESOLUTION NO. 387-09

       AUTHORIZE THE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE
  DIRECTOR/DESIGNEE OF COMMUNITY SERVICES TO SIGN RENEWAL AGREEMENTS WITH
                       THE FOLLOWING AGENCIES/PERSONS:

 WHEREAS, Yates County and the Yates County Department of Community Services wish to renew their
Agreements with the following agencies/persons, and

 WHEREAS, these agencies/persons are qualified to provide the contracted services, and
230                                  PROCEEDINGS OF THE LEGISLATURE


       WHEREAS, the term of these Agreements is January 1, 2010 through December 31, 2010, and

       WHEREAS, there is 100% state money to fund these Agreements

        NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County Legislature and the
      Director/Designee of Community Services be authorized to sign renewal Agreements with the following
      agencies/persons:

       Finger Lakes Parent Network for Family Support Services ($47,893.00) and


       Kinship Family and Youth Services, Inc. for Intensive Home-Based Intervention ($114,339.00) and a Summer
      Recreation Program (Kids Adventure Time [KAT]) ($41,619.00), and


       Lakeview Mental Health Services for Social Club ($66,860.00), Drop-In Center ($27,357.00), and Supported
      Housing ($25,560.00), and


        Finger Lakes Regional Health System, Soldiers and Sailors Memorial Hospital, for Case Management
      ($40,136.00), Case Management Service dollars ($13,616.00), Clinic Treatment ($151,784.00), Advocacy
      ($15,400.00), Continuing Day Treatment ($3,936.00), Crisis Outreach ($16,216.00), Transportation ($11,912.00)
      and,


        Yates County Chapter NYSARC for Vocational Services ($226,879.00) and for Mental
      Retardation/Developmental Disabilities Services 620/non-620 funds ($151,101.00) and 620 funds ($96,528.00), and
      a county tax levy ($34,200.00), and


       Rushville Health Center for Prenatal Services ($35,700.00) and the Nurturing/ Therapets Intergenerational
      Program ($8,532.00), and


       Safe Harbors of the Finger Lakes for Youth and Adult Advocacy ($19,398.00), and


       Big Brothers/Big Sisters Community Partnership for Youth for Mentoring Services ($30,600.00), and


       Crestwood Children‟s Center for Community Based Intervention (CBI) ($50,002.00), and


      Yates County Sheriff‟s Department for Chemical Dependency Services for incarcerated individuals ($3,593.00), and


      Dundee Central School District for Youth Advocacy ($35,400.00), and


      Yates County Workforce Development for the Youth Vocational Program ($7,394.00) and for Adult Vocational
      Services ($3,039.00), and


      Penn Yan Central School District for the Tutoring Program ($4,538.00), and
                                PROCEEDINGS OF THE LEGISLATURE                                                  231



Council on Alcoholism and Other Addictions of the Finger Lakes for Prevention Services ($233,042.00) and a
county tax levy ($8,800.00), and


FLACRA (Finger Lakes Addictions Counseling and Referral Agency) for the provision of Treatment Services
($84,125.00), and


Carol A. Fiorilla, for Respite Services ($1,400.00/month plus $20.10/child/respite day), and


         Carol G. Schreiner for Outreach and Single Point of Accountability Services ($50,170.00), and


Roberta Fisher, Fiscal Consultant ($85.00/hour), and


Deborah E. Johnson for Common Sense Facilitator Services ($20.00/hour), and


Connie L. Baughman for Parent Advocacy Services ($12.00/hour), and


Carol A. Rhoades for Common Sense Parenting Services ($55.00/hour), and


Barbara Coffman, Ph.D., for Program Consultant Services ($40.00/hour), and


Janet S. Meaney, LCSW, for Program Consultant Services ($45.00/hour), and


Richard Hoyt, Ph.D., for Psychological Consultation Services ($85.00/hour), and


Candice Cleveland, LCSW-R for Supervision to Clinicians Providing Specialized Treatment to Yates County Adult
and Adolescent Sex Offenders ($100.00/hour), and,


Dundee Youth Center for youth advocacy services ($7,500.00)


Sexual Behaviors Outreach Consultants, for Sex Offender Evaluation and Treatment services (not to exceed
$5,000.00 per year), and be it further


RESOLVED, that copies of this Resolution be provided to the Yates County Treasurer and the Yates County
Department of Community Services.
VOTE: Unanimous
                                           RESOLUTION NO. 388-09


Mr. Paddock offered the following resolution and moved its adoption, seconded by Dr. Dennis.
232                                   PROCEEDINGS OF THE LEGISLATURE


                                 WORKFORCE DEVELOPMENT BUDGET TRANSFER

       BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

               FROM:      C6293.41F Program Operating Expense
                              Contract: Proaction $1,605.00

               TO:        C6293.8F Stimulus Staff Fringe $ 605.00
               TO:        C6293.1F Stimulus Staff Wage $1,000.00

      AND be it further

              RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
      Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 389-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

       AUTHORIZATION TO SIGN AND SUBMIT ANNUAL IMPLEMENTATION PLAN FOR THE YATES
                              COUNTY AREA AGENCY ON AGING

             WHEREAS, it is required that the Yates Area Agency on Aging, Pro Action of Steuben and Yates, Inc.,
      submit an Annual Implementation Plan, and

             WHEREAS, Expanded In-home Services for the Elderly Program and the Community Services for the
      Elderly Program have been approved in the 2010 Yates County Budget for the ProAction Yates Office for the
      Aging, and

             WHEREAS, that 2010 Annual Implementation Plan submission requires Local Executive Review and
      Approval to receive State and Federal funds for the Expanded In-home Services for the Elderly Program or the
      Community Services for the Elderly Program, and

            NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the
      2009 Annual Implementation Plan, and further

           RESOLVED, that copies of this resolution be forwarded to the ProAction Yates Office for the Aging.
      VOTE: Unanimous

                                                 RESOLUTION NO. 390-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

       AUTHORIZE MEMORANDUM OF UNDERSTANDING BETWEEN YATES COUNTY DEPARTMENT
         OF SOCIAL SERVICES AND PRO-ACTION OF STEUBEN AND YATES COUNTIES FOR THE
                     PROVISION OF THE “FAMILY DEVELOPMENT INITIATIVE”

                WHEREAS, ProAction of Steuben and Yates Counties, Inc. has received ARRA funds for several projects
      that can serve the Yates County Community, and

               WHEREAS, Yates DSS and Pro-Action have identified a special project to serve the needs of identified
      public assistance recipients to offer special intensive supports through case management activities to help these
      people work toward self-sufficiency and independence, now be it
                                PROCEEDINGS OF THE LEGISLATURE                                                         233


         RESOLVED, that this Legislature authorizes the development of an operational MOU to be completed and
reviewed by the County Attorney prior to signature by the DSS Commissioner and the Chairman of the Legislature,
and further

         RESOLVED, that a copy of this resolution be forwarded to the Yates County Department of Social
Services.
VOTE: Unanimous
                                         RESOLUTION NO. 391-09

Mr. Paddock offered resolutions 391 thru 393-09 and moved their adoption, seconded by Mr. J. Multer.

     RENEW CONTRACT WITH PRO-ACTION OF STEUBEN AND YATES COUNTIES FOR THE
    ADMINISTRATION OF THE HEATING ENERGY ASSISTANCE PROGRAM (HEAP) AND THE
                 WEATHERIZATION (WRAP) PROGRAM FOR 2009-2010

         RESOLVED, that after the approval of the County Attorney, the Chairman of the Legislature and the DSS
Commissioner are authorized to sign a contract for the administration of the HEAP and WRAP program with Pro-
Action of Steuben and Yates Counties, Inc. at an amount not to exceed $67,913 for the period 11/01/09- 10/31/10,
and further

        RESOLVED, that copies of this resolution be forwarded to the Department of Social Services and the
Yates County Treasurer.
VOTE: Unanimous

                                           RESOLUTION NO. 392-09

RENEW CONTRACT WITH LABORATORY HOLDINGS OF AMERICA FOR GENETIC PARENTAGE
                                TESTING

           RESOLVED, that after review by the County Attorney, the Chairman of the Legislature and the DSS
Commissioner are authorized to sign a contract renewal with Laboratory Holdings of America for the provision of
genetic parentage testing at the rate of $55.00 per person for the period January 1, 2010-December 31, 2012, and be
it further

        RESOLVED, that copies of this resolution be forwarded to the Department of Social Services and the
Yates County Treasurer.


                                           RESOLUTION NO. 393-09

   RENEW CONTRACT WITH RAINBOW JUNCTION, LTD. FOR THE PROVISION OF DAY CARE
                                 SERVICES

          RESOLVED, that after the approval of the County Attorney, the Chairman of the Legislature and the
Social Services Commissioner will be authorized to sign a contract with Rainbow Junction, Ltd. for the provision of
day care services to eligible clients of the Department of Social Services for the period September 5, 2009-
September 30, 2009 at the rate agreed to in the 2009 resolution, and at the newly established rate herein identified
for the period October 1, 2009-September 3, 2010:

Age                        Daily           Weekly                Ext. hrs (m/t/w/th 6-8pm)
6 weeks-18 months          $40.00         $ 176.00                $5/hr. per child
18 months- 24 months        37.00           171.00                $5/hr per child
3 years-5years              34.00           160.00                 $5/hr per child
6-12 years – in school      21.00             77.00               $5hr/per child
Non-school/vacation         31.00            150.00               $5/hr per child
234                                  PROCEEDINGS OF THE LEGISLATURE


      And be it further

              RESOLVED, that a copy of this resolution be forwarded to the Department of Social Services and the
      Yates County Treasurer.
      VOTE: Unanimous
                                            RESOLUTION NO. 394-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                           AUTHORIZE CHAIRMAN TO SIGN CONTRACT AMENDMENT
                                              (NYSDEC)

         RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amendment to the State
      Assistance Contract with the New York State Department of Environmental Conservation, initially approved by the
      Legislature by Resolution No. 349-08, to extend the Contract expiration date to May 1, 2010, and be it further

       RESOLVED, that copies of this resolution be given to the NYSDEC, the County Administrator, the County
      Treasurer, and the County Planner.
      VOTE: Unanimous
                                               RESOLUTION NO. 395-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Willson.

                                               2009 BUDGET TRANSFERS

         BE IT RESOLVED, that the following transfers be made in the 2009 Budget:

       $8,050 from A1990.4905 (Contingent Fund) to A1410.8303 (County Clerk-Medical Insurance-CSEA);
       $219 from A1460.4002 (Records Management-Archival of Records) to A1460.2110 Records Management-Chair);
       $140 from A1460.4002 (Records Management-Archival of Records) to A1460.2113 (Records Management-
      Table);
       $85.77 from A3021.1707 (E911 Dispatch Center-Dispatcher) to A3020.1953 (Public Safety Communications-Call
      Back DSA);
       $162.01 from A3021.1707 (E911 Dispatch Center-Dispatcher) to A3020.1961 (Public Safety Communications-35-
      40 Hours);
       $2,249.37 from A3021.1707 (E911 Dispatch Center-Dispatcher) to A3020.1952 (Public Safety Communications-
      Overtime DSA);
       $3,500 from A3140.1180 (Probation-Probation Supervisor) to A3140.8305 (Probation-Medical Insurance-Non
      Union);
       $80 from A3140.2115 (Probation-Computer Hardware) to A3140.4470 (Probation-Office Supplies);
       $357.01 from A3350.2410 (Stop DWI-Radar) to A3350.1994 (Stop DWI-MEO PT);
       $513.42 from A6610.8305 (Weights & Measures-Medical Insurance-Non Union) to A6610.4654 (Weights &
      Measures-Mileage);
       $406.18 from CTP9951.0 (Airport-Capital Fund Transfer) to CTP5610.4911 (Airport-Insurance);
       $7,800 from D5120.4606 (Road-Bridges & Culverts-Culvert Pipe) to D5112.4602 (Road-Chips Project-
      Bituminous Materials);
       $1,000 from S1710.4192 (Workers Compensation-NYS Workers Compensation Board) to S1710.4194 (Workers
      Compensation-Physicals);
       $100 from S1710.4192 (Workers Compensation-NYS Workers Compensation Board) to S1710.4196 (Workers
      Compensation-Public Goods Pool);
       $100 from S1710.4192 (Workers Compensation-NYS Workers Compensation Board) to S1710.4195 (Supplies);

      and be it further

       RESOLVED, that a copy of this resolution be given to the County Clerk, Sheriff, Probation Director, Director of
      Weights & Measures, Personnel Officer, Highway Superintendent, Budget Officer, and County Treasurer.
                                PROCEEDINGS OF THE LEGISLATURE                                                          235


VOTE: Unanimous

                                            RESOLUTION NO. 396-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                   AUTHORIZE THE CHAIRMAN OF THE LEGISLATURE SIGN DEED

 WHEREAS, a parcel (portion of Tax Map No. 120.26-1-35) of land was deeded to the Village of Dundee by Yates
County with a quitclaim deed dated August 16, 1972 by Yates County Treasurer Robert F. Rogers and

 WHEREAS, this deed was never recorded in the County Clerk's Office and the original deed cannot be located,

 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a new
quitclaim deed and be it further

 RESOLVED, that a copy of this resolution be given to the Village of Dundee and the Yates County Treasurer.
VOTE: Unanimous

                                            RESOLUTION NO. 397-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                   AUTHORIZE CHAIRMAN TO SIGN MAINTENANCE AGREEMENT
                                FOR THE HP LASERJET 5000N

  WHEREAS, the Yates County Treasurer needs to enter into an agreement with VITEC Solutions, LLC for a
maintenance agreement of one HP LaserJet 5000N printer effective December 1, 2009 at a cost of $288.00 for a one
year period.

 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County Legislature sign the
maintenance agreement with VITEC Solutions and be it

 RESOLVED, the liability insurance requirement is hereby waived, and be it further

 RESOLVED, that a copy of this resolution be given to the County Treasurer and VITEC Solutions, LLC.
VOTE: Unanimous
                                        RESOLUTION NO. 398-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Dr. Dennis.
DISCUSSION: Mr. Fitch thanked Shawna Bonshak and Peter Landre. The is a large task force group which is made
up of members from the towns, legislature and the Keuka Lake Association, Bluff Point Association, and the County
offices. They have worked very hard to come up with this recommendation which was to be done within 60 days.
That has now been extended to 90 days. This was an 800 page document that recommendations had to be made to.

  ENDORSE THE YATES COUNTY MARCELLUS SHALE TASK FORCE RECOMMENDATIONS TO
  THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGARDING
   THE DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (DSGEIS)

    WHEREAS, the New York State Department of Environmental Conservation (NYS DEC) is responsible for
regulating the development and production of oil and gas resources in New York State; and

    WHEREAS, natural gas exploration and production companies, and mineral rights owners, are interested in
developing a potentially significant gas resource in the Marcellus shale through the use of horizontal drilling and a
hydraulic fracturing technique; and
236                                   PROCEEDINGS OF THE LEGISLATURE


           WHEREAS, the NYS DEC prepared a draft Supplemental Generic Environmental Impact Statement which was
      released on September 30, 2009; and

         WHEREAS, Yates County is in the heart of the Finger Lakes and contains extensive shoreline of Seneca,
      Keuka and Canandaigua Lakes which also serve as the drinking water source for over 120,000 municipal and
      domestic water users; and

           WHEREAS, the combination of the “AA” classified lakes and landscapes are extremely important for regional
      tourism and lakeside residents where property is valued at $3,000 to $5,000 per foot contribute up to 70% of the
      local tax base; and

           WHEREAS, the productive and extensive prime soils and moderating climate along the lakes create outstanding
      growing conditions for grapes and crops and while agriculture is declining rapidly in New York State (6% decline in
      # of farms annually), Yates County has seen dramatic increases in farms (864) and acres in active agriculture
      (126,118); and

          WHEREAS, although the Yates County Legislature believes that such extraction of natural gas could provide
      economic benefits for the County, municipalities, and landowners, extraction must be done in an environmentally
      responsible manner which recognizes the unique environmental conditions within the County and in a manner
      consistent with the recommendations set forth below; and

          WHEREAS, the Yates County Marcellus Shale Task Force has recommended minimizing the negative impacts
      on water quality, agricultural lands, municipal infrastructure and tourism potentially associated with drilling in the
      Marcellus Shale and therefore proposes to the Legislature that the County submit the following recommendations to
      the NYS DEC:

          1.   Stormwater Pollution Prevention Plan Review, Compliance and Enforcement
          2.   Equal Protection of Water Supplies
          3.   Protection of Agricultural Lands and Coordination with NYSDAM
          4.   Quality of Life/Agritourism Concerns
          5.   Community Health and Safety
          6.   Road Use Agreements

          NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Legislature is authorized to execute a letter to
      the NYS DEC with the requests and recommendations of the County‟s Marcellus Shale Task Force fully detailed.
      VOTE: Unanimous

      RESOLUTION NO. 399-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

      APPROVE MORTGAGE TAX APPORTIONMENT

        WHEREAS, this Legislature is in receipt of the Mortgage Tax Report showing the amounts to be credited to each
      tax district of the County, of the money collected during the period April 1, 2009 to September 30, 2009, be it

        RESOLVED, that pursuant to Section 53 of the Tax Law, this Legislature issue a Tax Warrant for the payment to
      the respective tax districts of the amounts so credited and authorize and direct the County Treasurer to make
      payments of said amounts so credited and to the respective districts in accordance with the report:


                      Total Tax Collected                                $280,543.14
                      Recording Officer‟s Expense                       $12,157.02
                                 PROCEEDINGS OF THE LEGISLATURE                                                        237


               Treasurer‟s Expense
               Interest Received                                       $143.55
               Net amount of Distribution                         $268,529.67


 Town             Net After        To Towns         Village     To Village        Total
 Barrington        $28,220.42         $28,220.42                                    $28,220.42
                                                    Penn
 Benton            $12,582.24         $11,434.48    Yan              $1,147.76      $12,582.24
 Italy               $9,611.50         $9,611.50                                      $9,611.50
                                                    Penn
 Jerusalem         $75,046.11         $74,736.26    Yan                $309.85      $75,046.11
 Middlesex         $19,144.04         $19,144.04                                    $19,144.04
                                                    Penn
 Milo              $70,970.90         $45,296.28    Yan            $25,674.62       $70,970.90
 Potter              $8,548.56         $7,701.97    Rushville          $846.59        $8,548.56
 Starkey           $22,882.07         $18,712.77    Dundee           $4,169.30      $22,882.07
 Torrey            $21,523.83         $20,915.03    Dresden            $608.80      $21,523.83
              $268,529.67            $235,772.75                   $32,756.92      $268,529.67
VOTE: Unanimous

                                            RESOLUTION NO. 400-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Webster.




                      SET DATE FOR PUBLIC HEARING ON ADDITION OF
         VIABLE AGRICULTURAL LANDS TO THE YATES COUNTY AGRICULTURAL DISTRICT

  WHEREAS, pursuant to the New York State Agriculture and Markets Law §303-b, the Yates County Legislature
accepted requests from landowners for the inclusion of viable property into the Ag. District for a thirty day period
beginning November 1, 2009 and

  WHEREAS, the New York State Agriculture and Markets Law §303-b states that a public hearing must be held to
allow for comment regarding proposed modifications, be it

  RESOLVED, that a public hearing will be held at 1:05 p.m. on December 14, 2009 for this purpose, and be it
further

 RESOLVED, that copies of this resolution be provided to Cornell Cooperative Extension.
VOTE: Unanimous

                                            RESOLUTION NO. 401-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                                         NET TAX DEBITS TO TOWNS

 WHEREAS, the County Treasurer‟s report on Town charges and credits for the fiscal year ending October 31,
2009 show the following net tax debits to the following towns:
238                                  PROCEEDINGS OF THE LEGISLATURE


                                Barrington           $ 644.12
                                Benton               $1,276.24
                                Italy                $1,509.70
                                Jerusalem            $3,205.26
                                Middlesex            $ 966.73
                                Milo                 $ 27.36
                                Starkey              $1,308.87
                                Torrey               $ 121.22
                                                     $9,059.50
      and be it further

               RESOLVED, that the County tax levy be increased by $9,059.50 and that the amount be levied against the
      taxable properties of each Town as specified therein.
      VOTE: Unanimous

                                                 RESOLUTION NO. 402-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                                          SURPLUS TAX CREDITS TO TOWNS

              WHEREAS, the County Treasurer‟s report on Town charges and credits for the fiscal year ending October
      31, 2009 shows the following surplus tax credits and Town payments to the following Towns:

                                Barrington             $   .21
                                Benton                   18.90
                                Milo                      2.44
                                Potter                     .11
                                Starkey                    .21
                                Torrey                   42.92
                                                        $64.79
      and be it further

       RESOLVED, that the County Tax Levy be reduced by $64.79 credit be given to the Towns as specified therein.
      VOTE: Unanimous

                                                 RESOLUTION NO. 403-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

         ABOLISH REGISTERED NURSE POSITION AND CREATE PUBLIC HEALTH NURSE POSITION
                                      (PUBLIC HEALTH)

       WHEREAS, the Personnel Officer has reclassified one Public Health employee position from Registered Nurse to
      Public Health Nurse.

       NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Director of Patient
      Services/Public Health Director, that effective November 12, 2009, the relevant position of Registered Nurse in the
      Public Health Department be abolished and the position of Public Health Nurse be created and be it further

       RESOLVED, that a copy of this resolution be given to the Budget Officer, the Director of Patient Services/Public
      Health Director, the Treasurer, the Personnel Officer and the President of CSEA.
      VOTE: Unanimous
                                                  RESOLUTION NO. 404-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. J. Multer.
                                PROCEEDINGS OF THE LEGISLATURE                                                        239



                AUTHORIZE INSURANCE AND RISK MANAGER TO SEEK PROPOSALS

 NOW, THEREFORE BE IT RESOLVED, that the Insurance and Risk Manager under the supervision of the
Personnel Officer is hereby authorized to seek Requests for Proposals for liability insurance coverage for the
County, including all policies regardless of expiration date, and be it further

 RESOLVED, that a copy of this resolution be provided to the Personnel Officer, Treasurer and County
Administrator.
VOTE: Unanimous
                                        RESOLUTION NO. 405-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Dr. Dennis.
DISCUSSION: Mr. Fitch explained that there is a small group that is working on coming up with the RFP that has
to be submitted with the application. He has asked each legislator to send a letter in support of this and a sample
letter can be obtained from www.yatesny.com@museum.doc.

SUPPORT OF THE YATES COUNTY LEGISLATURE TO HAVE YATES COUNTY BE THE SITE FOR
            THE FINGER LAKES CULTURAL & NATURAL HISTORY MUSEUM

  WHEREAS, Keuka Lake State Park in Yates County has been selected as one of the five finalists for the site of
the Finger Lakes Cultural & Natural History Museum, and

  WHEREAS, Keuka Lake is in the very heart of the Finger Lakes and the lake forms the thumb and forefinger of
the Finger Lakes, and

  WHEREAS, Keuka Lake is the crown jewel of the Finger Lakes with its large bluff extending halfway down the
lake and its extensive scenic views, and

 WHEREAS, The rural setting of Yates County with its rolling hills, extensive grape farms and the attraction of
many Mennonite farms makes Yates County a beautiful county to travel through, and

 WHEREAS, Keuka Lake has been designated as one of the top ten tourists destinations in the United States, and

  WHEREAS, Route 54A between Branchport and Hammondsport has been designated as one of the ten most
scenic highways in the United States, be it

 RESOLVED, that the Yates County Legislature STRONGLY believes that the KEUKA LAKE STATE PARK in
Yates County is the IDEAL setting for the Finger Lakes Cultural & Natural History Museum, and be it further

 RESOLVED, that copies of the resolution be provide to the board of the Finger Lakes Cultural Museum, US
Senator Schumer, Congressman Massa, NYS Senator Winner and Assemblyman Bacalles.
VOTE: Unanimous

Mr. Webster moved to enter executive session to discuss union negotiations and personnel performance, seconded
by Mr. J. Multer.

Meeting adjourned at 1:16p.m.
240                                   PROCEEDINGS OF THE LEGISLATURE




                                  SPECIAL MEETING, MONDAY, NOVEMBER 16, 2009

      Chairman Multer welcomed everyone to the 2010 budget public hearing, Legislator Nancy Taylor was absent.

      Chairman Multer recognized Lydia and Lucian Sacheli who thanked the Legislature for funding Cooperative
      Extension and presented them with a card that the 4H members made.

      Chairman Multer thanked County Administrator, Sarah Purdy, and all the Department Heads for their work in
      putting the budget together.

      Chairman Multer turned the public hearing over to County Administrator/Budget Officer, Sarah Purdy who gave the
      following presentation.

      Good evening. There is a handout for you to refer to as we review the main points of the tentative 2010 budget. If
      you did not get a handout or a copy of the budget, they are on the table in the hallway behind you. (Note a copy of
      the handout that is referred to is at the end of these minutes)

      The good news about the budget being presented this evening is that it does not increase the property tax levy. This
      is the third time in the four most recent county budgets that there has been no increase to the property tax levy. This
      means that if the assessed value of your property did not increase this year, and your town is at 100% equalization,
      your county property tax bill will not increase for 2010. We will examine this in more detail later in this
      presentation. But first let‟s compare the 2010 budget to this year‟s budget.

      See page 2 of the handout for the following discussion

      What we see here is that total expenses are projected to increase in 2010 by about $1.5 million and total revenue also
      is increasing by about $1.1 million.

      The $1.5 million increase in expenses can be attributed mainly to three items:

           A $600,000 increase in highway costs due to the Fox Mill Bridge replacement scheduled in 2010
           A $460,000 increase in pension costs, and
           A $450,000 increase in wage costs

      The bridge costs are offset 80% by federal aid and 15% by state aid. The pension costs are a state mandate. The
      wage increases reflect collective bargaining agreements that are in effect or are anticipated. The current union
      contract with the CSEA, which represents about 110 employees, expires at the end of this year. Because
      negotiations for a new contract are not yet complete, the 2010 budget shows all CSEA wages at the same rate as
      2009. A decision on non-union salary increases also has yet to be made, so the 2010 budget shows all non-union
      salaries at the same rate as 2009. If there are any wage increases for both groups in 2010, the funds to pay for those
      increases are located elsewhere in the 2010 budget.

      Looking at the revenues, the total increase is about $1.1 million, which is primarily attributable to federal and state
      aid for the bridge project and an estimated increase of $150,000 in sales tax receipts.

      Let‟s take a look now at how the 2010 budget impacts the town tax rates for County purposes.

      See page 3of the handout for the following discussion

      What you see here is the projected impact of next year‟s county budget on your property taxes. Whether your
      county taxes will increase depends on what town you live in and on whether the assessed value of your property
      changed this year.
                                PROCEEDINGS OF THE LEGISLATURE                                                            241


Let‟s take two examples. If you live in Middlesex, your town tax rate for County purposes this year is $5.97 for
every $1,000 of the assessed value of your property. In 2010 your town tax rate for County purposes is projected to
be $5.85 for every $1,000 of assessed value. So if the value of your property did not increase this year, your County
property tax bill in 2010 will be 12 cents less per $1,000 of assessed value than this year.

If you live in the Town of Jerusalem, your town tax rate for County purposes this year is $5.92 for every $1,000 of
assessed value. In 2010 your town tax rate for County purposes is projected to be $6.11 for every $1,000 of
assessed value. So if the value of your property did not increase this year, your County property tax bill in 2010 will
be 19 cents more per $1,000 assessed value.

There are a couple of factors that are causing the decreases in most of the town tax rates for county purposes. First,
the equalization rates are at 100% for these towns. Second, there has been an increase in the value of taxable
property throughout Yates County of almost $12 million during the past year, which produces a broader base on
which to levy the taxes. And third, the county property tax levy is not increasing.

See page 4 of the handout for the following discussion

Now that you know how the 2010 budget will affect your County tax bill, let‟s look at the budget itself by turning to
the next two slides.

The easiest way to do this is to look at the expenses per fund, the revenue per fund and the net cost per fund.

The county budget consists of four funds:
     the General Fund, which covers most County operations
     the Road Fund, which covers most Highway Department operations
     the Road Machinery Fund, which covers all the Highway equipment and Highway facilities
     and the Airport Fund, which covers the cost of operating the airport

The place to look on these slides is the Net Spending by Fund section, because this shows the net cost of operations
in these four funds. The 2008 column shows what the actual expenses were last year, the 2009 column shows the
budgeted expenses for this year, and the 2010 column shows the proposed expenses for next year.

This slide focuses on the General Fund and the Road Fund. Here we can see that General Fund proposed expenses
for 2010 are up 2% and revenue is about the same as this year so there is a net increase of just under 3% in the fund
for 2010.
You can also see that the percentage of revenue that offsets expenses in the General Fund has declined since 2008.
This is due primarily to decreases in federal and state aid.

In the Road Fund, expenses and revenue are up due to the Fox Mill Bridge project, and so the net budget for the
Road Fund is up 2%.

See page 5 of the handout for the following discussion

This slide focuses on the Road Machinery and Airport Funds. Here we see that in the Road Machinery Fund
expenses and revenue are both decreasing in 2010 for a net result of a slight overall increase.

In the Airport Fund, the expenses budgeted for each year depend on what capital projects the Federal Aviation
Administration is funding that year. As in previous years, for 2010 we will use surplus funds to offset whatever costs
are not covered by the FAA and so the actual cost of the Airport budget to taxpayers in 2010 will be $0.
242                                   PROCEEDINGS OF THE LEGISLATURE


      See page 6 of the handout for the following discussion

      Let‟s turn now to a summary of how the County proposes to spend the budget in 2010.

      This slide shows how much of the gross costs of the 2010 budget are attributable to each major operation in County
      government.

      We can see here that Economic Assistance is the highest gross expense. The Economic Assistance section of the
      budget appears on pages 72-83 and includes Social Services, Workforce Development, Economic Development,
      Veteran Services, Weights and Measures, and the Office for the Aging.

      The second largest gross expense is Public Safety, which appears on pages 40-63 of the budget and includes
      Communications, Dispatch, Law Enforcement, Jail, Court Security, Stop DWI, Alternatives to Incarceration,
      Probation, Emergency Management and Animal Control.

      The third largest gross expense is General Government, which encompasses everything that has not otherwise been
      broken out on this slide. Perhaps the best way to think of what is included in this category is to describe it as most
      of the departments housed in the County Office Building, as well as the attorneys in the Courthouse.

      The fourth largest expense is Highway, which includes both the Road and Road Machinery Funds. Next is Public
      Health and after that is Education. You may ask why the County has education costs. These costs are shown on
      page 39 of the budget, and are services the County is required by the State to fund, namely, part of the cost of
      community college tuition and also Pre-K costs for services for children with special needs.

      But the most significant change between this year‟s budget and next year‟s is the percentage of total costs
      attributable to the pension payment. It has doubled, and is likely to do so again for 2011. The New York State
      pension fund is dependent on investments in the stock market, and as the economy has declined during the past year
      the pension fund has too. Every municipal jurisdiction in the State is required to pay into the fund, and in order for
      the fund to remain solvent these payments are increasing significantly during the next few years. As a percentage of
      total County expenses the pension payment is not large but it is noteworthy how much it is increasing.

      See page 7 of the handout for the following discussion

      On this next slide, you can see that while we were looking at how the money is spent, I was talking about the gross
      costs. That‟s because we were looking at the projected costs for 2010 without taking into consideration the
      offsetting revenue.

      This slide shows that after the property tax, the largest revenue sources are sales tax, state aid and local sources,
      which includes fees for services and the occupancy tax.

      The situation with State Aid is a bit tough to predict because of the economic crisis at the State level. The State
      faces a $3.2 billion deficit in its current fiscal year, which runs from April 1 of 2009 to March 31 of 2010. Because
      the State fiscal year does not coincide with the County fiscal year, as the State cuts its current budget to try to plug
      the deficit, the cuts will impact our 2009 budget as well as our 2010 budgets. We are required by law to adopt a
      County 2010 budget by December 20th and we probably will not know all the details about State cuts by then. So
      we have done our best to be conservative in our estimates of what State aid we will receive next year.

      See page 8 of the handout for discussion on the following

      Finally, I would like to focus for a minute on the revenue category of Surplus Appropriations. This category
      includes the use of Fund Balance, which is the amount of money left over from previous years that we are using in
      2010 to offset expenses and keep the tax levy the same as in 2009. The information on this slide also appears on the
      first page of the budget. It shows that we are using $2.6 million of General Fund surplus, $225,000 of Road Fund
      surplus, $125,000 of Road Machinery Fund surplus and just under $32,400 of Airport Fund surplus to help offset
      costs.
                                PROCEEDINGS OF THE LEGISLATURE                                                        243


Fortunately, even with using this amount of fund balance we are still projected to maintain a stable balance,
particularly in the General Fund.

You have now heard the highlights of the 2010 budget. I would like to take this opportunity to thank all of the
department heads for working diligently to keep their operating costs to a minimal increase for 2010. Their hard
work helps make it possible to keep the tax levy at a 0% increase. I will now turn the hearing back over to
Chairman Multer.

Chairman Multer opened the hearing for public comment.

Mr. Fitch stated that if there are no questions or changes suggested to the budget he would like to thank Sarah for
her work on the budget and each of the Department Heads who also worked very hard on the budget.

Mr. Andy Swarthout requested to have $1,000 added to the Veteran‟s Service budget for the part-time person to help
in the office when Earle and his assistant are not available.

Mr. Herb Snyder also requested to have the $1,000 restored to the Veteran‟s Service budget for the part-time person
to help in the office.

Chairman Multer closed the public hearing at 7:25

                                            RESOLUTION NO. 406-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.
DISCUSSION: Mr. Paddock moved to amend the motion to adopt the tentative budget to add $1,000 into the
Veteran‟s Services budget for the part-time assistance, seconded by Mr. Webster. Discussion took place on how the
1,000 would be funded.
Bonnie Percy explained that the Veteran‟s Office had already collected donations in excess of $2,000 that could be
used for gasoline so take 1,000 from contribution and put back in budget.
Vote on the amendment was unanimous.

                                        ADOPT 2010 COUNTY BUDGET

 WHEREAS, the Tentative Budget for 2010 has been duly presented to the County Legislature by the Budget
Officer and the duly advertised Public Hearing has been held thereon,

  NOW, THEREFORE, BE IT RESOLVED, pursuant to Section 360 of the County Law that said Tentative Budget
as presented is hereby adopted as the budget for Yates County for the Year 2010, and be it further

 RESOLVED, that copies of this resolution be provided to the Budget Officer and the County Treasurer.
VOTE: Unanimous
                                         RESOLUTION NO. 407-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Dennis.

                            AUTHORIZE CHAIRMAN TO SIGN CONTRACT
                       (ECC Telecommunications- County Fiber Optic System Proposal)

  RESOLVED, that upon review by the County Attorney, the Chairman of the Legislature is hereby authorized to
sign a contract with ECC Technologies Inc. in an amount not to exceed $15,000 to develop a business plan for the
development of a county-wide fiber optic system, and be it further

  RESOLVED, the business plan is a requirement for the application of Round 2/3 Federal Stimulus funding for
telecommunications, and be it further
244                                    PROCEEDINGS OF THE LEGISLATURE


       RESOLVED, that a copy of this resolution be given to ECC Technologies, the County Administrator, the County
      Treasurer, and the County Planner.
      VOTE: Unanimous
                                              RESOLUTION NO. 408-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                                   AUTHORIZE TREASURER TO MAKE PAYMENT

       RESOLVED, that the County Treasurer is hereby authorized to pay $7,100 to Globalquest Solutions Inc. of
      Williamsville for a server and related equipment in conjunction with a Department of Social Services grant.
      VOTE: Unanimous

      Mr. Webster moved to enter into executive session to discuss a personal performance, seconded by Mr. House

      Meeting adjourned at 7:30 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                           245


                           REGULAR SESSION – MONDAY, DECEMBER 14, 2009

The Yates County Legislature convened in regular session, Monday, December 14, 2009 in the Legislative
Chambers at 1:00 p.m., Chairman Robert Multer presiding. Legislators Flood and Willson were absent.

Minutes of the November 9th meeting were approved as presented.

Chairman Multer opened the public hearing on the Addition of Viable Agricultural Lands to the Yates County
Agricultural District #1.

Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund                               $ 16,143.81
Finance                                    $ 24,858.44
Flint Creek                                $
Government Operations                      $ 74,824.92
Human Services                             $ 445,722.12
Prior to Audit                             $ 321,130.93
Public Safety                              $ 89,598.97
Public Works                      $ 109,428.53

COMMITTEE REPORTS
Dr. Dennis reported he attended the annual meeting of the Board of Directors of the Law Library. We do have an
excellent resource in the reference section in the Penn Yan Public Library of law books. These are available to the
public and we encourage people to be aware of that.
Mr. Fitch stated that one reason we have an excellent law library is we are required to have it for the inmates at the
jail. Mr. Fitch went on to report the RFP for the Cultural Museum is done and has been presented. He is impressed
with its outcome and it was a community effort. There is a formal presentation this Thursday that we are preparing
for and he feels we have a fair chance of getting the museum here. Mr. Fitch thanked everyone that participated in
the community to get the RFP done. A copy will be in the Legislative Office for people to review.

Chairman Multer made the following statement: “I have had the privilege of serving as chairman since 1994. I
thank the members of this Legislature, Sarah, Connie and all of the County Employees for their help and support
during the last 16 years. However, after considerable thought during the last two years, I have decided it is time for
me to step aside. I will not be a candidate for chairman for the next two years. This does not mean that I am semi
retiring. I expect to devote as much time and energy to the job of legislator as I have in the past.”

The organizational meeting will be held January 4th, 2010 at 2:00 p.m.

Mrs. Alexander thanked Bob for his service for all these years. For her, coming from Middlesex, they have shared
discussions not only for District 1, but for the county as a whole and she will truly miss his leadership.

                                           RESOLUTION NO 409-09
Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.

  AUTHORIZE CHAIRMAN TO SIGN AGREEMENTS WITH REAL TIME REPORTING SERVICES,
                    INC., CHRISTINE HAYES, AND JILL MORRIS

       WHEREAS the District Attorney is required to retain a court reporter for transcription of Grand Jury and
Felony Preliminary Hearings and to obtain transcripts of these and other court proceedings; and

        WHEREAS, Real Time Reporting Services Inc.; Christine Hayes, Court Reporter and Jill Morris, Court
Reporter, have been performing these services for the Yates County District Attorney‟s Office during the past year;
and
246                                   PROCEEDINGS OF THE LEGISLATURE


               WHEREAS, the District Attorney wishes to continue to retain the services of Real Time Reporting
      Services Inc.; Christine Hayes, Court Reporter and Jill Morris, Court Reporter; and

              WHEREAS, the County requires that payment for the provision of these continuing services be under a
      written contractual agreement; and

             WHEREAS, the District Attorney wishes to enter into a written agreement with Real Time Reporting
      Services Inc., Christine Hayes, Court Reporter and Jill Morris, Court Reporter, for continuation of these services;

             NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign such
      contracts as have been approved by the Yates County Attorney; and it is further

               RESOLVED, that the District Attorney, the Treasurer, and the County Administrator be provided with a
      copy of this resolution.
      VOTE: Unanimous

                                                  RESOLUTION NO. 410-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

       AUTHORIZE CREDIT CARD FOR TRAINING/TRAVEL AND EXTRADITION PURPOSES FOR THE
                        OFFICE OF YATES COUNTY DISTRICT ATTORNEY

              WHEREAS, Resolution 403-05 created a credit card policy for the Sheriff‟s Department and the District
      Attorney‟s Office, and

               WHEREAS, the present credit card for the District Attorney‟s Office was issued in the personal name of
      District Attorney Susan H. Lindenmuth, who is retiring on December 31, 2009, and

               WHEREAS, the Yates County District Attorney, and duly appointed Assistant District Attorneys, regularly
      attend appropriate training courses and conferences, and

               WHEREAS, much of this training occurs outside of the area with lodging and registration costs, it is
      desirable to be able to confirm lodging, registration and travel costs with a credit card to guarantee travel
      arrangements, and

               WHEREAS, the District Attorney also is responsible for arranging the extradition of fugitives from justice
      back to Yates County, and as such must address issues pertaining or relating to necessary expenses for travel,
      custody, accommodations, meals, in conjunction with such extradition, and

               WHEREAS, the District Attorney‟s Office at times must incur travel, accommodations, meals costs or
      other expenses pertaining to witnesses in criminal cases, and therefore

                NOW BE IT RESOLVED, the Yates County District Attorney is authorized to apply for a new credit card,
      restricted for the purposes as stated above, and further

              RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Yates
      County District Attorney.
      VOTE: Unanimous

                                                  RESOLUTION NO. 411-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.
                                PROCEEDINGS OF THE LEGISLATURE                                                         247


                     AUTHORIZE SHERIFF TO SIGN CRITICAL STRESS INCIDENT
                             DEBRIEFING RENEWAL AGREEMENT

      WHEREAS, the delivery of services to appropriate county staff of comprehensive emergency services stress
management training and assistance may be required and,

       WHEREAS, Bray Associates of 243 W. North Castle Circle, The Woodlands, Texas, provides local
Counseling and Educational programs on Critical Incident, Stress Incidents and agree with limitations, to provide it
for emergency responders in Yates County for $2,200 a year,

       NOW THEREFORE, BE IT RESOLVED, that upon approval of the County Attorney the Sheriff is
authorized to sign Renewal Agreement, effective January 1, 2009 through January 31, 2011 and be it,

       RESOLVED, that a copy of this resolution be forwarded to the Sheriff, OEM Director, Public Health
Director and EMS Coordinator.
VOTE: Unanimous
                                        RESOLUTION NO. 412-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.

    AUTHORIZE SHERIFF AND CHAIRMAN TO SIGN INTER-MUNICIPAL PRE-ARRAIGNMENT
                DETENTION AGREEMENT WITH VILLAGE OF PENN YAN

         WHEREAS, the existing agreement will expire at end of year for charging the Village of Penn Yan for any
extra services in detaining “Lock-Up” inmates including for any costs for medical attention, treatment, care as well
as custodial costs where extra manpower must be deployed by Sheriff‟s Corrections personnel for constant
supervision or transport of a Penn Yan Police Department arrestee in a pre-arraignment holding section of the
county jail,

       NOW, THEREFORE, BE IT RESOLVED, that upon the approval of the County Attorney that the Sheriff
and Chairman are authorized to sign said agreement effective January 1, 2010 through December 31, 2010, and

         RESOLVED, that an insurance certificate is not required and a copy of this resolution be provided the
Sheriff.
VOTE: Unanimous
                                        RESOLUTION NO. 413-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

    AUTHORIZE SHERIFF TO SIGN COURT SECURITY SERVICES CONTRACT WITH THE NYS
                       UNIFIED COURT SYSTEM FOR 2009 – 2014

         NOW, THEREFORE, BE IT RESOLVED, that upon approval of the County Attorney that the Sheriff is
authorized to sign the security services agreement that is effective April 1, 2009 through March 31, 2014 with
renewal authorizations each year of the five year contract understanding that the agreed compensation for the period
2009-2010 is $265,848.00, and

      RESOLVED, that the Sheriff shall receive two sealed copies of this resolution.
VOTE: Unanimous

                                            RESOLUTION NO. 414-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Dr. Dennis.
248                                  PROCEEDINGS OF THE LEGISLATURE


                                      AUTHORIZE SHERIFF TO SIGN 2010 MOU
                                  WITH FLACRA FOR STOP DWI PROGRAM SERVICES

          NOW, THEREFORE, BE IT RESOLVED, that upon the approval of the county attorney that the Sheriff/Stop
      DWI coordinator may sign a memorandum of understanding with Finger Lakes Alcohol Counseling and Referral
      Agency for DWI related defendant services including, assessment, counseling, treatment and referral services
      provided various entities in the amount of $7,800, and that an insurance certificate is required, and

        RESOLVED, that a copy be provided the Sheriff, D.A. and Probation Dept.
      VOTE: Unanimous

                                                RESOLUTION NO. 415-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Dr. Dennis.

      AUTHORIZE SHERIFF TO SIGN STOP DWI SERVICES MOU WITH COUNCIL ON ALCOHOLISM &
                              ADDICTIONS OF FINGER LAKES, INC.

               NOW, THEREFORE, BE IT RESOLVED, that upon the approval of the county attorney that the
      Sheriff/Stop DWI coordinator may sign a memorandum of understanding with the Council on Alcoholism and
      Addictions of the Finger Lakes, Inc. for alcoholism and substance abuse counselors in the Penn Yan and Dundee
      Central Schools providing youth services, as well as counseling and prevention programs for the amount from
      STOP-DWI Program at $10,000 for 2010, and that an insurance certificate is required, and

             RESOLVED, that a copy of the resolution be provided the Sheriff.
      VOTE: Unanimous
                                             RESOLUTION NO. 416-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. House.

                             COMMEND DISTRICT ATTORNEY SUSAN LINDENMUTH

       WHEREAS, Susan Lindenmuth will be retiring as the District Attorney as of December 31, 2009 and,

       WHEREAS, the Yates County Public Safety Committee and Legislature recognizes with appreciation Ms.
      Lindenmuth‟s dedicated services to the citizens of Yates County as Assistant County Attorney, First and Second
      District Attorney, and District Attorney and,

       WHEREAS, she has served the citizens of Yates County with patience, understanding and courage based on
      personal ethics and integrity, it is

       RESOLVED, that the Yates County Legislature wishes her many years of good health and happiness as she retires.
      VOTE: Unanimous
                                            RESOLUTION NO. 417-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                           RENEW AGREEMENTS WITH RUSHVILLE HEALTH CENTER

       RESOLVED, that the Chairman is hereby authorized to sign the following agreements for services with the
      Rushville Health Center:




               NAME                        SERVICE                        RATE                 CONTRACT DATES
                               PROCEEDINGS OF THE LEGISLATURE                                                      249


Transitional Case            Assist individuals and         $2,638.80 per month        01/01/2010-12/31/2010
Management worker            families to access services,
                             insurances, jobs, housing,
                             etc.
Immunization/Lead            Outreach, imms and lead        $2,387.88 per month        01/01/2010-12/31/2010
Program worker               data management

And, be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
VOTE: Unanimous

                                           RESOLUTION NO. 418-09

Mr. Paddock offered resolutions 418 and 419-09 and moved their adoption, seconded by Mr. House.

                              SIGN AGREEMENT WITH DENISE TYLER, RN

 RESOLVED, that the Chairman is hereby authorized to sign an agreement with Denise Tyler, RN to provide
Skilled Nursing services to home care patients as needed at the following all-inclusive rates:

                              For the period January 1, 2010 – December 31, 2014:

                                                $40/visit for re-visits
                                                $45/visit for holiday re-visits
                                                $80/visit for Admissions
                                                $90/visit for Holiday Admissions

and, be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office and to the Yates County Treasurer.

                                           RESOLUTION NO. 419-09


                              SIGN AGREEMENT WITH MARIE RITTER, RN

 RESOLVED, that the Chairman is hereby authorized to sign an agreement with Marie Ritter, RN to provide
Skilled Nursing services to home care patients as needed at the following all-inclusive rates:

                              For the period January 1, 2010 – December 31, 2014:

                                                $40/visit for re-visits
                                                $45/visit for holiday re-visits
                                                $80/visit for Admissions
                                                $90/visit for Holiday Admissions

and, be it further

 RESOLVED, that a copy of this resolution be sent to the Public Health office and to the Yates County Treasurer.
VOTE: Unanimous

                                           RESOLUTION NO. 420-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.
250                                  PROCEEDINGS OF THE LEGISLATURE



               EXTEND THE TERM OF CONTRACT WITH DEPARTMENT OF VETERANS AFFAIRS

               RESOLVED, that the Chairman is hereby authorized to extend the term of the contract with the
      Department of Veterans Affairs for the period 11/01/2009 – 10/31/2010 for the provision of Skilled Nursing,
      Personal Care Assistant and Home Health Aide Services, at the following rates:

               Personal care Assistant Svcs (PCA) $31.91 per unit
               Home Health Aide Svcs (HHA) $34.49
               Skilled Nurse (RN)     $133.46

      and, be it further

             RESOLVED, that a copy of this resolution be sent to the Public Health Office.
      VOTE: Unanimous

                                                 RESOLUTION NO. 421-09

      Mr. Paddock offered resolutions 421 and 422-09 and moved their adoption, seconded by Mr. Fitch.

                             RENEW AGREEMENT WITH ST. JOHN FISHER COLLEGE

        RESOLVED, that the Chairman is hereby authorized to renew an Agreement with St. John Fisher College for
      placement of a student(s) for a Community Health Clinical experience, in the Yates County Public Health
      Department, and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office.
      VOTE: Unanimous
                                              RESOLUTION NO. 422-09

                           RENEW CONTRACT ON BEHALF OF S2AY NETWORK FOR 2010

       RESOLVED, that the Chairman is hereby authorized to sign the following contract renewal on behalf of the S 2AY
      Rural Health Network for 2010:

      Contractor                          Service                             Amount of Contract
      NYSDOH                              Facilitated Enrollment              $508,100 grant

      and be it further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
      VOTE: Unanimous

                                                     RESOLUTION NO. 423-09

      Mr. Paddock offered resolutions 423 thru 429-09 and moved their adoption, seconded by Mr. House.




        RENEW DOMESTIC VIOLENCE SERVICES CONTRACTS WITH FAMILY COUNSELING OF THE
                                   FINGER LAKES, INC.
                                PROCEEDINGS OF THE LEGISLATURE                                                        251


        WHEREAS, it is required by the State of New York that each Social Services District have in place an
agreement with a certified agency for the provision of both residential and non-residential services for victims of
domestic violence, and

        WHEREAS, the Yates County Department of Social Services wishes to renew its contract for such services
with Family Counseling of the Finger Lakes, Inc. now be it

         RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of the Legislature
and the Social Services Commissioner are authorized to sign a contract for these services for the period 1/1/10-
12/31/10 in an amount of $5,000 for non residential services and at the rate of $33.97 per day per person for
residential services (or at the rate that is established by New York State) with Family Counseling of the Finger
Lakes, and be it further

         RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department
of Social Services.
VOTE: Unanimous
                                         RESOLUTION NO. 424-09

  RENEW PARENT/SUPPORT/FAMILY AIDE SERVICES WITH CHILD AND FAMILY RESOURCE
                                CENTER, INC

         RESOLVED, that contingent upon the review of the County Attorney, the Chairman of the Legislature and
the Social Services Commissioner be authorized to sign a contract with Child and Family Resource Center, Inc. for
the period 1/1/10-12/31/10 at the rate of $40 per hour Parent Support/Family Aide service at the rate of $40.00 per
hour, and be it further

         RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department
of Social Services.
VOTE: Unanimous
                                         RESOLUTION NO. 425-09

RENEW CONTRACT WITH KINSHIP FAMILY AND CHILDREN‟S SERVICES FOR THE PROVISION
           OF INTENSIVE HOME BASED SERVICES FOR CHILDREN AT-RISK

         RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the Social
Services Commissioner are authorized to sign a contract with Kinship Family and Children‟s Services in the amount
of $87,620 for the provision of intensive, home based services to children and families at risk of placement into
detention for the period 1/31/10 thru 12/31/10, and be it further

         RESOLVED, that copies of this contract be forwarded to the Yates County Treasurer and the Department
of Social Services.
VOTE: Unanimous
                                         RESOLUTION NO. 426-09

                                  RENEW COUNSELING CONTRACT WITH
                                     FREEMAN T. FREEMAN, LCSW-R

         RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the Social
Services Commissioner are authorize to sign a contract renewal with Freeman T. Freeman for the provision of
counseling services at an hourly rate of $85.00 per hour for the period 1/1/10-12/31/10 for eligible clients of the
Department of Social Services, and be it further

         RESOLVED, that copies of this resolution be forwarded to the County Treasurer and the Department of
Social Services.
VOTE: Unanimous
                                         RESOLUTION NO. 427-09
252                                  PROCEEDINGS OF THE LEGISLATURE



        RENEW COUNSELING CONTRACT WITH KEUKA COUNSELING – A HEALING JOURNEY, INC.

               RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the Social
      Services Commissioner are authorized to sign a contract renewal with Keuka Counseling – A Healing Journey, Inc.
      in the amount of $80.00 per hour to provide counseling services for eligible clients of the Department of Social
      Services for the period January 1, 2010-December 31, 2010, and be it further

             RESOLVED, that copies of this resolution are forwarded to the Yates County Treasurer and the
      Department of Social Services.
      VOTE: Unanimous
                                             RESOLUTION NO. 428-09

      RENEW CONTRACT FOR EMPLOYMENT TRAINING AND ASSESSMENT SERVICES WITH YATES
                          COUNTY WORKFORCE DEVELOPMENT

               RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature, the Workforce
      Development Director, and the Social Services Commissioner are authorized to sign a contract for the continuation
      of employment assessment, preparation, and job search skills for eligible clients of the Department of Social
      Services at a cost not to exceed $44,991 for the period January 1, 2010- December 31, 2010, and be it further

             RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer, The Yates County
      Workforce Development Office, and the Department of Social Services.
      VOTE: Unanimous
                                              RESOLUTION NO. 429-09

         RENEW CONTRACT FOR FRAUD INVESTIGATION AND FRONT-END DETECTION SERVICES
                         WITH THE YATES COUNTY SHERIFF‟S OFFICE

               RESOLVED, that after the review of the County Attorney, the Chairman of the Legislature, The Yates
      County Sheriff, and the Social Services Commissioner are authorized to sign a contract renewal for the provision of
      fraud investigations and front-end detection services for applicants and recipients of clients of the Department of
      Social Services at a cost not to exceed $ $60,401 for the period January 1, 2010-December 31, 2010, and be it
      further

                RESOLVED, that copies of this resolution will be sent to the Yates County Treasurer, the Yates County
      Sheriff, and the Department of Social Services.
      VOTE: Unanimous

                                                      RESOLUTION NO. 430-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

          AMEND 2009 AGREEMENT WITH THE FINGER LAKES HEALTH/SOLDIERS AND SAILORS
                                         HOSPITAL

            WHEREAS, Yates County and the Yates County Department of Community Services wish to amend the
      2009 AGREEMENT with the Finger Lakes Health/Soldiers and Sailors Hospital, and

             WHEREAS, there is an additional $3,000.00 in 100% New York State Office of Mental Health funds, and

             WHEREAS, the term of the AGREEMENT is January 1, 2009 through December 31, 2009,

             NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Yates County Legislature and the
      Director/Designee of Community Services be authorized to sign an amended AGREEMENT with Finger Lakes
      Health/Soldiers and Sailors Hospital, and be it further,
                              PROCEEDINGS OF THE LEGISLATURE                                                    253



        RESOLVED, that copies of this resolution be provided to the Yates County Treasurer, Finger Lakes
Health/Soldiers and Sailors, and the Yates County Department of Community Services.
VOTE: Unanimous

                                          RESOLUTION NO. 431-09

Mr. Paddock offered resolutions 431 and 434-09 and moved their adoption, seconded by Mr. House.

                          WORKFORCE DEVELOPMENT BUDGET TRANSFER

 BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

         FROM:      CD6292.1L Kaleidoscope Staff Wages Adult        $700.00
         TO:        CD6292.11L Kaleidoscope Participant Wages Adult $700.00

         FROM:      CD6292.8L  Kaleidoscope Staff Fringe             $150.00
         TO:        CD6292.81L Kaleidoscope Participant Fringe Adult $150.00

AND be it further

        RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
Yates County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 432-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Webster.

                                ENDORSEMENT TO THE FINGER LAKES
                                  WORKFORCE INVESTMENT BOARD

  WHEREAS, this Legislature, by Resolution #334-99, has authorized the creation of the Finger Lakes Workforce
Investment Board for the Counties of Yates, Ontario, Seneca, and Wayne in compliance with the Workforce
Investment Act (WIA) of 1998; and

 WHEREAS, the Finger Lakes Workforce Board has a vacancy for the term of January 1, 2010 through June 30,
2012 and

 WHEREAS, the Public Sector Workforce Investment Board members must be endorsed by the respective
Legislative Boards;

 WHEREAS, the Executive Director has solicited nominations in accordance with the Law; and

  WHEREAS, the Finger Lakes Workforce Investment Board By-Laws state voting members shall be appointed for
terms of three (3) years,

  NOW, THEREFORE, BE IT RESOLVED, that this Legislature does hereby endorse the following representative
to the Finger Lakes Workforce Investment Board to a term from January 1, 2010 through June 30, 2012.


                  Mr. Martin Williams
           Wayne County Department of Aging and Youth
           1519 Nye Road
           Lyons, New York 14489

and be it further
254                                  PROCEEDINGS OF THE LEGISLATURE



        RESOLVED, that certified copies of this resolution be sent to Wayne, Ontario, and Seneca Counties, the Yates
      County Workforce Development Office, the Finger Lakes Workforce Investment Board and to the aforementioned
      appointee
      VOTE: Unanimous
                                                 RESOLUTION NO. 433-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                    AUTHORIZE CHAIRMAN TO SIGN RESOURCE ALLOCATION PLAN (2010)

              WHEREAS the New York State Office of Children and Family Services requires that the Yates County
      Youth Bureau/Board prepare a Resource Allocation Package for programs and services provided by the county and
      local municipalities for the period of January 1, 2010-December 31, 2010 and

        WHEREAS, the office has allocated a total of $41,617.00 in Youth Development Delinquency Prevention/Youth
      Initiative funds for this purpose; and

        WHEREAS, the New York State Office of Children and Family Services has provided $10,675.00 in SDPP funds
      from the Special Delinquency Prevention program to various agencies in the county for the period of January 1,
      2010- December 31, 2010; and

       WHEREAS, the Yates County Youth Board has recommended approval of the funding: and

        WHEREAS, the agreement provides for reimbursement to the county after the submission of vouchers and
      supporting documents as proof of expenditures by the various agencies at intervals throughout the years,

        NOW, THEREFORE, BE IT RESOLVED, that this County legislature does hereby authorize an agreement
      between the County of Yates and the NYS Office of Children and Family Services for the Resource Allocation Plan
      for 2010, with a copy of said agreement on file in the Office of the Clerk of this Legislature; and be it further

       RESOLVED, that the Chairman is hereby authorized and directed to sign the Resource Allocation Plan Agreement
      on Behalf of the County; and be it further

       RESOLVED, that the Youth Bureau Director is authorized to make technical adjustments in the Resource
      Allocation Package if so directed by the NYS Office of Children and Family Services; and further

        RESOLVED, that copies of this resolution be sent to the New York State Office of Children and Family Services,
      the Yates County Treasurer and the Youth Bureau Director.
      VOTE: Unanimous
                                                RESOLUTION NO. 434-09

                                WORKFORCE DEVELOPMENT BUDGET TRANSFER

       BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:



              FROM: CD6292.4G DSS Works Operating             $250.00

       TO: CD6292.1G DSS Works Staff Wages             $250.00

      AND be it further

              RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
      Yates County Treasurer.
                                        PROCEEDINGS OF THE LEGISLATURE                                                        255


        VOTE: Unanimous

                                                   RESOLUTION NO. 435-09

        Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

        AUTHORIZE CHAIRMAN TO SIGN MEMORANDUM OF UNDERSTANDING FOR ALLOCATION OF
                                        FUNDING

                WHEREAS, funding has been appropriated in the 2010 Yates County Budget for the following agency and
        municipalities

                Child and Family Resources     $11,875.00
                Village of Penn Yan (Lifeguard Services) $10,800.00
                Town of Middlesex (Lifeguard Services) $1,080.00
                Town of Torrey (Lifeguard Services) $1,080.00
                Village of Penn Yan Recreation Program    $15.000.00
                Dundee Area Youth Center       $5,320.00

                 NOW, THEREFORE IT BE RESOLVED, the chairman of the Yates County Legislature is hereby
        authorized to sign said memorandums of understanding for the allocation for these funds, and it be further

                  RESOLVED, that a copy of this resolution be provided to the County Treasurer and the Youth Bureau
        Director.
        VOTE: Unanimous

                                                        RESOLUTION NO. 436-09

        Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                                 ADOPT EQUALIZATION AND APPORTIONMENT TABLE

          WHEREAS, this Equalization and Apportionment Table of the County General Tax based on the 2009 assessed
        valuation and the equalization rates established by the State Board on 9/10/2009 to be used in the apportionment of
        the 2010 County Tax Levy pursuant to Title 2 of Article 8 of the Real Property Tax Law has been prepared by the
        Director of Real Property Tax Services.

        2010 Final Budget Tax Rates

Final County
Rates




                  COUNTY                            ASSESSED                     EQUALIZED
                  TAXABLE         VET 41101          VALUE                       FULL VALUE           PERCENT
                                  CLERGY
                  ASSESSED          41400           USED FOR           EQ         USED FOR               OF          APPORTIONED
TOWN               VALUE          EXEMPT        APPORTIONMENT         RATE    APPORTIONMENT             LEVY             SHARE

BARRINGTON         230,616,728         13,200          230,629,928   0.9600           240,239,508     11.152715%         1,352,953.07
  256                                       PROCEEDINGS OF THE LEGISLATURE



BENTON                155,895,229          22,100            155,917,329   1.0000    155,917,329       7.238200%        878,077.18

ITALY                  75,035,101           7,253             75,042,354   1.0000     75,042,354       3.483715%        422,614.85

JERUSALEM             654,207,814          37,159            654,244,973   0.9600    681,505,180       31.637732%    3,838,022.03

MIDDLESEX             149,008,434           5,681            149,014,115   1.0000    149,014,115       6.917730%        839,200.45

MILO                  443,937,235          86,550            444,023,785   1.0000    444,023,785       20.613058%    2,500,601.78

POTTER                 71,789,137           7,700             71,796,837   1.0000     71,796,837       3.333047%        404,337.12

STARKEY               183,198,706          11,600            183,210,306   0.9600    190,844,069       8.859615%     1,074,773.55

TORREY                145,701,670           5,000            145,706,670   1.0000    145,706,670       6.764187%        820,573.97

COUNTY              2,109,390,054         196,243          2,109,586,297            2,154,089,847   100.000000%     12,131,154.00

                   2010 LEVY
                   =                   12,131,154

2010 County Tax Rate with debits, credits, workers' comp., & election
expense =                                                                               5.989575

2010 County Tax Rate w/o debits, credits, and workers' comp. =                          5.751025
         VOTE: Unanimous

                                                         RESOLUTION NO. 437-09

         Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                                                       2009 BUDGET TRANSFERS

            BE IT RESOLVED, that the following transfers be made in the 2009 Budget:

           $12,600 from A1990.4905 (Contingent Fund) to A1625.8303 (Buildings & Grounds-Medical Insurance-CSEA);
           $75 from A1010.4470 (Legislature-Supplies: Office) to A1010.2121 (Legislature-Sound Equipment);
           $200 from A1165.1109 (District Attorney-DA Secretary) to A1165.4516 (District Attorney-Printing);
           $419.50 from A1623.4420 (Buildings & Grounds-Courthouse-Cleaning Contract-Windows) to A1620.4420
         (Buildings & Grounds-County Office Building-Cleaning Contract-Windows);
           $10,555.18 from A3021.1707 (E911 Dispatch Center-Dispatcher) to A3150.4023 (Jail-Hospital Charges);
           $477 from A3140.1180 (Probation-Probation Supervisor) to A3140.8303 (Probation-Medical Insurance CSEA);
           $388.31 from A3510.4053 (Control of Animals-Animal Control Assistant) to A3510.1551 (Control of Animals-
         Animal Control Officer PT);
           $47 from D5010.2115 (Road-Administration-Computer Hardware) to D5010.4501 (Road-Administration-
         Advertising);
           $950 from DM5130.4411 (Road Machinery-Parts/Repair/Maintenance) to DM5130.2322 (Road Machinery-
         Saws);
           $.05 from DM5130.4652 (Road Machinery-Diesel Fuel) to DM5130.2318 (Road Machinery-Sign Truck);
           $23,418 from DM5130.4652 (Road Machinery-Diesel Fuel) to DM5130.2323 (Road Machinery-1/2 Ton Pickup
         Truck);
           $277.43 from CTP9951.0 (Airport-Capital Fund Transfer) to CTP5610.4686 (Airport-Utilities: County Hangar);
                               PROCEEDINGS OF THE LEGISLATURE                                                    257


 $26,900 from H1364.4011 (Tax Acquired Properties-Consultants) to H1364.4020 (Tax Acquired Properties-
Engineering Services);

and be it further

 RESOLVED, that a copy of this resolution be given to the Legislature Clerk, District Attorney, Buildings
Maintenance Supervisor, Highway Superintendent, Airport Council, Budget Officer and County Treasurer.
VOTE: Unanimous

                                          RESOLUTION NO. 438-09

Mr. Fitch offered resolutions 438 thru 441-09 and moved their adoption, seconded by Mr. J. Multer.

                    APPROPRIATE FEDERAL AID-FLEXIBLE FAMILY SERVICES FUND
                              (DEPARTMENT OF SOCIAL SERVICES)

 WHEREAS, the Department of Social Services will receive $25,000 from the Flexible Family Services Fund and

 WHEREAS, these funds are not part of the 2009 Budget;

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $25,000:

 Appropriation
 A6010.4317 (DSS-Nutrition Assistance)

 Revenue
 A4615 (Federal Aid-Flexible Family Services Fund)

and be it further

 RESOLVED, that a copy of this resolution be given to the Commissioner of Social Services, Budget Officer, and
County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 439-09

                                        APPROPRIATE HEAP FUNDS
                                           (SOCIAL SERVICES)

 WHEREAS, the Yates County Department of Social Services has received $16,203.44 in grant funds under the
Federal HEAP program for administration and it is necessary to increase the revenue and appropriation for the
County HEAP,

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $16,203.44:

 Appropriation
 A6010.4309 (DSS-HEAP-Administration)

 Revenue
 A46l0.0 (Federal Aid-DSS-Administration)

and be it further

 RESOLVED, that a copy of this resolution be given to the Commissioner of Social Services, Budget Officer and
County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 440-09
258                                  PROCEEDINGS OF THE LEGISLATURE



                                    APPROPRIATE DISASTER PLANNING GRANT
                                              (PUBLIC HEALTH)


        WHEREAS, the Yates County Public Health has received a Disaster Planning Grant in the amount of $104,451
      and approved by the Yates County Legislature with Resolution No. 380-09 and

       WHEREAS, these funds are not part of the 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $104,451:

       Appropriation
       A4010.4938 (Public Health-Disaster Planning)

       Revenue
       A4489 (Federal Aid-Disaster Planning)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Public Health Director, Budget Officer and County
      Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 441-09

         APPROPRIATE PORTION OF CENTRALIZED PROPERTY TAX ADMINISTRATION PROGRAM
                                          GRANT
                             (REAL PROPERTY TAX DEPARTMENT)

       WHEREAS, the Yates County Real Property Tax Department needs to appropriate a portion of the Centralized
      Property Tax Administration Program Grant and

       WHEREAS, this grant is not part of the 2009 Budget;

       NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $7,500:

       Appropriation
       A1355.4571 (Real Property-Computer Software)

       Revenue
       A3040 (State Aid-Real Property Tax Administration)

      and be it further

       RESOLVED, that a copy of this resolution be given to the Real Property Tax Director, Budget Officer and County
      Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 442-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Webster.

                             ADJUSTMENT OF CRIMINAL JUSTICE SERVICES GRANT
                                         (DISTRICT ATTORNEY)
                                 PROCEEDINGS OF THE LEGISLATURE                                                           259


 WHEREAS, the Yates County District Attorney received a Criminal Justice Services Grant in the amount of
$4,000 for the recruitment and retention of Assistant District Attorneys and a portion ($3,768) of this grant is in the
2009 Budget but it is necessary to make some adjustments:

 NOW, THEREFORE, BE IT RESOLVED, that the following transfer be made:

 $1,845 from A1165.1573 (District Attorney-Retention Grant) to A1165.1570 (District Attorney-1st ADA);
 $1,655 from A1165.1573 (District Attorney-Retention Grant) to A1165.1571 (District Attorney-2nd ADA);

and be it further

 RESOLVED, that the balance ($232) be appropriated to the following account numbers:

 Appropriation
 A1165.1571 (District Attorney-2nd ADA) $215
 A1165.8100 (District Attorney-FICA/Medicare) 17
     Total $232

 Revenue
 A3031 (Criminal Justice Grant)        $232

and be it further

 RESOLVED, that a copy of this resolution be given to the District Attorney, Budget Officer and County
Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 443-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

  AUTHORIZE CHAIRMAN TO SIGN AUTHORIZATION LETTER FOR FRIENDLY MOTORS INC.

 WHEREAS, Friendly Motors wishes to landscape the east side of the berm on runway 10-28 at the Penn Yan
Yates County Airport at no cost to the County, be it

  RESOLVED, that the Chairman of the Yates County Legislature is authorized to sign a letter of authorization
allowing Friendly Motors to proceed with such landscaping, and be it

 RESOLVED, that copies of this resolution be provided to Friendly Motors, Passero Associates, and the Airport
Council.
VOTE: Unanimous




                                              RESOLUTION NO. 444-09

Mr. Fitch withdrew the following resolution.

                            AUTHORIZE EXTRADEV TO SEEK BIDS (Withdrawn)
                                       (Virtualization software)

  RESOLVED, that ExtraDev Inc., the County‟s IT consultant, is hereby authorized to seek bids for virtualization
software, and be it further
260                                   PROCEEDINGS OF THE LEGISLATURE


       RESOLVED, that a copy of this resolution be given to the County Administrator.

                                                       RESOLUTION NO. 445-09

      Mrs. Taylor offered the following resolution and moved their adoption, seconded by Mr. Banach.

                        AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN LEASE AGREEMENT
                                   (KEUKA ABSTRACT CORPORATION)

        WHEREAS the term of a Lease Agreement between Yates County and Keuka Abstract Corporation for rental of
      space within the County Clerk‟s Office is due to expire on December 31, 2009, and

       WHEREAS, the County Clerk has negotiated such agreement with Keuka Abstract Corporation, for an amount of
      $250 per month for one year,

        NOW, THEREFORE, BE IT RESOLVED, that the Chairman is authorized to sign said lease agreement for one
      year to expire December 31, 2010, and be it further
        RESOLVED, that copies of this resolution be given to the County Clerk, County Treasurer, and Keuka Abstract
      Corporation.
      VOTE: Unanimous

      Chairman Multer closed the public hearing at 1:15p.m.

                                                  RESOLUTION NO. 446-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Dr. Dennis.

          ADDITION OF VIABLE AGRICULTURAL LANDS TO THE YATES COUNTY AGRICULTURAL
                                        DISTRICT #1

              WHEREAS, Yates County Agricultural District #1 was originally created in 1975, and reviewed in 1983
      and1992, and Yates County Agricultural District #2 was created in 1977, and reviewed in 1985, 1992, 1999, 2007,
      and

               WHEREAS, pursuant to the New York State Agriculture and Markets Law 303-b, the Yates County
      Legislature accepted requests from landowners for the inclusion of viable property into the Ag. District for a thirty
      day period beginning November 1, 2009, and

                WHEREAS, Mr. James R. Henderson, 2741 NYS Route 14a in the Town of Milo, Tax Parcel ID 73.02-1-
      12 comprising approximately 134 acres of viable agricultural land to be included in the Yates County Agricultural
      District #1, and

               WHEREAS, the Yates County Agriculture and Farmland Protection Board reviewed the request and passed
      by resolution unanimously the inclusion of said parcels for inclusion in Yates County Agricultural District #1, and

               NOW, THEREFORE, BE IT RESOLVED, that the Yates County legislative body hereby recommends to
      the Commissioner of Agriculture to accept the recommendation of the Yates County Agriculture and Farmland
      Protection Board to accept the request of Mr. James R. Henderson, 2741 NYS Route 14a in the Town of Milo, Tax
      Parcel ID 73.02-1-12 comprising approximately 134 acres of viable agricultural land to be included in the Yates
      County Agricultural District #1.

              RESOLVED, that copies of this resolution be given to the County Agricultural and Farmland Protection
      Board, Cornell Cooperative Extension, County Planner, County Clerk, and James R. Henderson.
      VOTE: Unanimous

                                                  RESOLUTION NO. 447-09
                               PROCEEDINGS OF THE LEGISLATURE                                                      261



Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach.

                         REAPPOINT REPUBLICAN ELECTION COMMISSIONER
                                           (Daines)

           WHEREAS, the Chairman of the Yates County Republican Committee has filed with this Legislature a
certificate in accordance with Election Law, Section 31, certifying that in the opinion of the majority of such
committee that Amy J. Daines of Naples, New York is a satisfactory and proper person to be reappointed a
Commissioner of Elections, and recommends such appointment

        NOW, THEREFORE, BE IT RESOLVED, that said Amy J. Daines is hereby reappointed as
Commissioner of Elections for Yates County for a term of two years commencing January 1, 2010 through
December 31, 2011 and be it further

         RESOLVED, that a copy of this resolution be provided to the Treasurer, Personnel Officer, County Clerk,
Ms. Daines and the Chairman of the Republican Party.
VOTE: Unanimous
                                         RESOLUTION NO. 448-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Webster.

            AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN CONTRACT FOR
     HHS VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES POLLING PLACE ACCESS
                              IMPROVEMENT -- GRANT

  WHEREAS, the New York State Board of Elections has allocated funds provided to New York State to improve
access to polling places in the amount of $1086.00 as part of Congress appropriations

  WHEREAS, the Yates County Board of Elections desires to use the $1086.00 appropriation for the purposes set
forth

 NOW, THEREFORE BE IT RESOLVED, that after the review by the County Attorney, the Chairman of this
Legislature, and the Yates County Election Commissioners, be authorized to sign the contract, and be it further

 RESOLVED, that a copy of this resolution be given to the Election Commissioners, and the Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 449-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mrs. Alexander.




          AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN CONTRACT FOR
    SOFTWARE PURCHASE AND INSTALLATION OF ASSET TRACKING AND MANAGEMENT
                                  SYSTEM

 WHEREAS, the New York State Board of Elections requires asset tracking and management of the county‟s new
voting system

  WHEREAS, the Yates County Board of Elections desires to use NTS Data Services for this purpose as it will be
tied into existing TEAM software system
262                                   PROCEEDINGS OF THE LEGISLATURE


       NOW, THEREFORE BE IT RESOLVED, that after the review by the County Attorney, the Chairman of this
      Legislature, and the Yates County Election Commissioners, be authorized to sign the contract, and be it further

       RESOLVED, that a copy of this resolution be given to the Election Commissioners, and the Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 450-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                 AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN CONTRACT FOR
            SOFTWARE MAINTENANCE AND SUPPORT AND POLL BOOK PRINTING AGREEMENT

        WHEREAS, the Yates County Board of Elections requires maintenance of their Team voter management system
      and requires printing of Poll Books

       WHEREAS, the Yates County Board of Elections desires to continue to use NTS Data Services for this purpose

       NOW, THEREFORE BE IT RESOLVED, that after the review by the County Attorney, the Chairman of this
      Legislature, and the Yates County Election Commissioners, be authorized to sign the contract, and be it further

       RESOLVED, that a copy of this resolution be given to the Election Commissioners, and the Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 451-09

      Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                INCREASE ASSISTANT DISTRICT ATTORNEYS‟ SALARY WITH GRANT FUNDING

               WHEREAS, the Yates County District Attorney received a grant from the Division of Criminal Justice
      Services for the State of New York in the amount of $4,000 to assist in the recruitment and retention of Assistant
      District Attorneys,

              NOW, THEREFORE, BE IT RESOLVED, that the following positions will receive a one time salary
      adjustment and $285 will be allocated for payroll taxes to be paid as of the December 18, 2009 payroll as follows:

             Position                                                             Amount

             First Assistant District Attorney                                      $1,845

             Second Assistant District Attorney                                     $1,870



               RESOLVED, that a copy of this resolution be given to the Budget Officer, Treasurer, Personnel Officer,
      District Attorney, First Assistant District Attorney and Second District Attorney.
      VOTE: Unanimous

                                                  RESOLUTION NO. 452-09

      Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Banach.

            AUTHORIZE CHAIRMAN TO SIGN AN ELEVATOR MAINTENANCE AGREEMENT WITH
                                  THYSSENKRUPP ELEVATOR

             WHEREAS, ThyssenKrupp Elevator installed the elevators in the new Courthouse (3 elevators) and the
      new County Office Building (2 elevators), and
                               PROCEEDINGS OF THE LEGISLATURE                                                       263



       WHEREAS, the County wishes to renew the “maintenance agreement” with ThyssenKrupp from January 1,
2010 through December 31, 2014 to ensure that the elevators operate as designed without interruption or problems.

       NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a 60
month (5 year) agreement with ThyssenKrupp for the sum of $665.00 per month in 2010 and a not to exceed an
increase of 5% per year every year thereafter.
VOTE: Unanimous
                                            RESOLUTION NO. 453-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Webster.

    AUTHORIZE SUPERINTENDENT TO PURCHASE NEW 2010 HALF TON 4x4 PICKUP TRUCK

         WHEREAS, bids were requested for a the purchase of a 2010 Half Ton 4x4 Pickup and received on
November 04, 2009 at 10:00 a.m. and five automobile dealers submitted bids by the deadline designated in the bid
specifications to the Yates County Highway Department, and

                                                                                     Purchase
                               Year         Make           Model          Color       Price

      Simmons Rockwell         2010       Chevrolet         1500           any       26,400.00

      Fairport Ford            2010         Ford          F150 XL          any       24,483.00

      Hoselton                 2010       Chevrolet         1500           any       25,058.82

      Vision                   2010         Ford          F150 XL          any       23,418.00

      Summit Auto Group        2010        Dodge         1500 Crew        White      24,495.00

      Summit Auto Group        2010         Ford          F150 XL         White      23,475.00


        WHEREAS, the Public Works Committee and the Highway Superintendent have determined that
purchasing the 2010 Ford F150 XL from Vision Ford serves the best interest of the County Highway Department,

        NOW, THEREFORE BE IT RESOLVED, to authorize the Yates County Highway Superintendent to
purchase the truck from Vision Ford, and be it further

        RESOLVED, that copies of this resolution be sent to all bidders, the Yates County Treasurer, Yates County
Administrator, and the Yates County Highway Superintendent.
VOTE: Unanimous
                                             RESOLUTION NO. 454-09

Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Banach.

            REVISE YATES COUNTY ROAD INVENTORY AND OFFICIALLY DESIGNATE PIERCE
                               HILL ROAD AS COUNTY ROAD #10F

         WHEREAS, the New York State Department of Transportation requires an annual certification of the
individual and cumulative County Road mileage, and

        WHEREAS, the 0.84 mile section of a County Road in the Town of Middlesex that runs between New
York State Route #364 and New York State Route #245 commonly referred to and known as County Road #10F,
264                                  PROCEEDINGS OF THE LEGISLATURE


      Pierce Hill Road and designated as such by existing signage is currently listed on the New York State Department of
      Transportation County Roads Listing as County Road #10, Pierce Hill Road,

                NOW, THEREFORE BE IT RESOLVED, to officially designate the 0.84 mile section of County Road that
      runs between New York State Route #364 and New York State Route #245 as County Road #10F, Pierce Hill Road,
      and be it further

               RESOLVED, that copies of this resolution be sent to the New York State Department of Transportation,
      and the Yates County Highway Superintendent.
      VOTE: Unanimous
      RESOLUTION NO. 455-09


      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.


      ADOPT TOWN AND COUNTY TAX RATES

        RESOLVED, that the Tax Rates for the various Towns as compiled by the Real Property Tax Director be adopted
      as follows:

                                    2010 TOWN & COUNTY TAX RATE SUMMARY

                 TAX RATES             SPECIAL DISTRICTS
               PER THOUSAND                PER THOUSAND or Unit

      Barrington       TOWN              $ 4.437564                     Dundee Fire Prot. FD 201              $ 0.836994
                       COUNTY            $ 6.091765                     Wayne Fire Prot. FD 202               $ 0.491469
                                                                        Penn Yan Fire Prot. FD 203            $ 0.434399

                       TOWN
      Benton           Inside            $ 2.089019                     Benton Fire Prot. FD 221           $ 1.591244
                       Outside           $ 4.173090                     Bellona FD 222                     $ 2.108186
                       COUNTY            $ 5.852286                     PY Fire Prot. FD 223               $ 0.541314
                                                                        W. Lake Fire Prot. FD 224          $ 0.569788
                                                                        Bellona Fire Prot. FD 225          $ 2.108418
                                                                        Kashong Water Dist. #1 WD 221 $369.550209/unit
                                                                        District #2 WD 222            $397.459893/unit
                                                                        Bellona Water Dist #3 WD 223 $275.510204/unit

      Italy            TOWN              $ 9.098404                     Middlesex Amb AD 325                  $   0.343761
                       COUNTY            $ 6.048617                     Middlesex FD 242                      $   0.939963
                                                                        Naples Fire Prot. FD 241              $   0.100351
                                                                        Prattsburgh Fire Prot. & Amb FD 243   $   1.981530


                       TOWN
      Jerusalem        Inside            $ 1.048925                     Branchport/Keuka Park FD 261        $ 0.415688
                       Outside           $ 2.329316                     Branchport Light Dist. 261          $ 0.334244
                       COUNTY            $ 6.105783                     Consolidated water WD 266      $251.906383/unit

      Middlesex        TOWN              $ 6.417415                     Middlesex Amb AD 325                  $   0.343736
                       COUNTY            $ 5.851833                     Middlesex FD 281                      $   0.703475
                                                                        Middlesex Light Dist. 281             $   0.247641
                                                                        Middlesex Water Dist. 281             $   3.263425

                       TOWN
      Milo             Inside            $ 1.244267                     Penn Yan Fire Prot. FD 301            $     0.422320
                                 PROCEEDINGS OF THE LEGISLATURE                                                           265


                  Outside            $ 1.485776                      Himrod Fire Prot. FD 302         $    0.972468
                  COUNTY             $ 5.845286                      Himrod Water Dist. WD 301      $134.340136/unit
                                                                     Himrod Water Dist. 1A WD 306       $134.337662
                                                                     Himrod Water Dist./Cap chg WDHCC $ 33.671171
                                                                     Milo Water Dist #1 WD 302     $237.820144/unit
                                                                     Milo Water Dist #2 WD 303     $480.110769/unit
                                                                     Milo Water Dist #3 WD 304     $187.000000/unit
                                                                     Milo Sewer Dist #1-2 SD 102   $727.894057/unit

                  TOWN
Potter            Inside             $ 6.276576                      Potter Fire Prot. FD321             $     0.968436
                  Outside            $10.784079                      Middlesex Amb AD 325                $     0.343734
                  COUNTY             $ 5.851927


                  TOWN
Starkey           Inside             $ 2.074542                      Starkey Fire Prot. FD 341            $    0.978127
                  Outside            $ 3.845066
                  COUNTY             $ 6.145741

                  TOWN
Torrey            Inside             $ 2.006209                      Torrey Fire Prot. FD 361             $    0.608436
                  Outside            $ 3.056668                      Dresden/Torrey Consol. Health        $    0.010295
                  COUNTY             $ 5.874506
VOTE: Unanimous

At this time the legislature convened in a workshop regarding the Finger Lakes Regional Telecommunications
Development Corp. (FLRTDC)

Sarah explained that the purpose of the workshop is to bring the legislature up to date on the broad band initiative
and talk through some of the details of it. Mr. Geoffrey Astles, Ontario County Administrator, will be giving a brief
history of how Ontario County‟s fiber optic ring came into being, how it works now, including spinning it off into
its own corporation and what would be involved in bringing a spur down to Penn Yan. Mr. Joe Starks, from ECC,
will be giving us an update of where we are in the process of getting ourselves prepared for the next federal stimulus
funding application. He will also bring to your attention some of the things that we need to be thinking about and
some of the details that will need to be squared away by the time the application process comes around.

Sarah and Shawna Bonshak asked the legislature to think a little bit down the road in whether the legislature wants
to try and address broad band in other sections of the county and perhaps take advantage of both Mr. Astles and Mr.
Starks to ask them some questions and also talk about how we might go about taking care of the other geographical
sections of the county.

Mr. Astles, explained that the mission of the FLRTDC was to ensure the telecommunications infrastructure supports
technology led economic development and the technical worker thus supporting Ontario County‟s goal of being a
World Class Community.

Mr. Astles stated that Ontario County assessed their needs and looked at the impact on local business and the impact
on residents. Businesses close to the fiber ring would see competitive alternatives, create high speed private
networks at a competitive price and there is a potential for wireless options.

Citizens should see benefits with high speed wireless internet, more robust cellular service, possibly fiber to the
home, and competition should bring the price down.

Ontario County created a Local Development Corporation (LDC) to handle the fiber ring. They did this to separate
the county from the corporation and knowing that a Board of Directors knowledgeable in technology was needed.
The LDC‟s board consists of 9 members and the basic philosophy is that the fiber is open to everyone, and will
touch all municipalities. The fiber ring is only a backbone, there are no services. The LDC contracts everything out
266                                    PROCEEDINGS OF THE LEGISLATURE


      and they manage the private sector contracts. The LDC is developing the ring with no additional taxpayer support
      and works hand in hand with economic development.

      The LDC felt that the fiber ring would provide in Ontario County, the infrastructure to address fragmentation and
      enhance economic development opportunities. It would support two world class research facilities, connect all
      economic development target sites county-wide. It would provide connectivity between all municipalities, upgrade
      and enhance public safety and homeland defense connectivity. It would also encourage competition which will
      drive down the cost of telecommunications services for all customers.

      Mr. Astles explained that the corporation is now governed by the Public Service Commission and have complete
      range capacities even though they are focused on fiber optic cable. They are beginning to take on customers and
      have a small revenue stream. Mr. Astles explained that Ontario County was well into this project when the stimulus
      money became available. They have started to look at that and the first round of stimulus funding was structured so
      that on their own, Ontario County was not in the position to compete for stimulus funds. A number of discussions
      have been held with other counties around Ontario County and opportunities are being explored to apply for
      stimulus funding on a regional basis to help defray some of the costs.

      Mr. Starks stated that one mile of fiber cable is approximately $40,000. Sarah explained that the rough estimates
      that we have, and they will be fine tuned before any application is submitted, is it will cost approximately $2 million
      to bring fiber to Penn Yan and another $2 million if we wanted to take it back up to Geneva. Of that total 20% is a
      local match the rest is federal stimulus funding if we are successful.

      Mr. Starks stated that once the business plan is completed the number will be more accurate and he feels it will be
      lower.
      Mr. Stark stated that ECC will be going back to the entities that stated before that they need to have fiber and create
      a business plan. The business plan will be specific to Yates County and determine what the investment would be.
      We already know that we cannot be a burden to the taxpayers, but we have partners in Yates County who are willing
      to step up to the plate and say that if you build it, I will use it.

      Over the next month ECC will be identifying who is interested, identify the cost and the routing of the fiber to be
      installed and who would have access to it. During that process they will be developing an operational model as well
      as revenue model and create public private partnerships which is key to making this work. The same principles that
      have guided the Ontario County model, ECC anticipates will guide this as well. Which is simply build it and let
      those people do what they do best and use it. ECC has found that having access to this infrastructure definitely
      creates and acceptance on the part of the carriers to use it and increases services, which in turns comes back to the
      county in terms of revenue.

      Mr. Astles stated that discussions would need to take place between the LDC and Yates County pertaining to
      connecting onto the ring and so forth and becoming a member of the board.




      Mr. House moved to enter executive session to discuss a personal performance, seconded by Mr. Paddock.

      Meeting adjourned at 2:15 p.m.
                                PROCEEDINGS OF THE LEGISLATURE                                                      267



                           SPECIAL SESSION – MONDAY, DECEMBER 28, 2009

The Yates County Legislature convened in special session, Monday, December 28, 2009 in the Legislative
Chambers at 1:00 p.m., Chairman Robert Multer presiding with Legislators Willson, Flood, and Taylor absent.

Mr. Fitch announced that he is seeking the seat of Chairman of the Legislature that is being vacated by Robert
Multer.

Minutes of the December 14th Legislative meeting were approved as presented.

                                           RESOLUTION NO. 456-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.

AUTHORIZE CHAIRMAN OF LEGISLATURE TO SIGN ANNUAL SERVICE PLAN AND CONTRACT
 BETWEEN NYS DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES AND YATES
                                   COUNTY

  WHEREAS, the Yates County Alternatives to Incarceration Advisory Board has approved the 2010 Alternatives
To Incarceration Service Plan application which reflects no major changes in the community service program and
recommends allocation of state funds to that program,

  THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the 2010 Annual
Alternatives To Incarceration Service Plan Application and subsequent contract with the NYS Division of Probation
and Correctional Alternatives upon approval of the County Attorney, and be it further

 RESOLVED, that copies of this resolution be sent to the Probation Director
VOTE: Unanimous
                                         RESOLUTION NO. 457-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Dr. Dennis.

                                      AMEND RESOLUTION NO. 375-09

  RESOLVED, that Resolution No. 375-09 authorizing the Chairman of the Legislature to sign an agreement with
Lisa Baker for Caseload Explorer Financials training for the Probation Department is hereby amended to waive the
insurance liability requirement, and be it further

 RESOLVED, that a copy of this resolution be sent to the Probation Director.
VOTE: Unanimous
                                        RESOLUTION NO. 458-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                             AUTHORIZE SHERIFF TO RENEW EMERGENCY
                              GENERATORS MAINTENANCE AGREEMENT

          NOW, THEREFORE BE IT RESOLVED, that upon the approval of the county attorney the renewal
agreement for one inspection in March and one preventative maintenance in September of emergency generators at
five radio towers sites with Penn Power Systems of Syracuse, NY be renewed for the period of 1/1/2010 through
12/31/2010 with no changes in the service provided for the amount of $2,375. And insurance certificate required,
and

       RESOLVED, that a copy of this resolution be provided the Sheriff.
VOTE: Unanimous
268                                   PROCEEDINGS OF THE LEGISLATURE


                                                  RESOLUTION NO. 459-09

      Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Webster.

               AUTHORIZING THE STANDARDIZATION OF CALL RECEIVING TECHNOLOGY,
               TELEPHONY AND MAINTENANCE FOR YATES COUNTY 911 COMMUNCIATIONS

               WHEREAS, the Office of Sheriff for Yates County is responsible for the operation, maintenance,
      supervision, repairs and security of the Yates County 911 Emergency Communications Dispatch Center Public
      Safety Answering Point (PSAP), and

        WHEREAS, as part of that service, it is essential to the public interest to have the system
      capability to provide source identification, access line redundancy, reliable system maintenance and rapid response
      to incoming calls; and

               WHEREAS, in order to provide system enhancements efficiently and economically and to continue to
      provide essential services required, it is necessary to provide for upgrades and ongoing maintenance of the enhanced
      911 telephone technology; and

        WHEREAS, the County is required by the Americans with Disabilities Act (ADA) to provide seamless E-911
      telephone access to and for the hearing impaired from all emergency answering points (PSAP) within the 911
      Dispatch Center, and the failure of which could subject the County to liability and litigation; and

        WHEREAS, the plan set forth by the Sheriff of Yates County includes updating and replacing the technology that
      receives and translates E-911 calls, W-911 calls, updating and replacing the emergency telephone technology at the
      911 Dispatch Center, and providing for comprehensive maintenance and service of said technology; and

        WHEREAS, after detailed cost/benefit evaluation of various technologies and service providers, the Chief
      Dispatcher of 911 has recommended that the service and features provided by Verizon technology be selected in that
      standardizing for these features and service will provide for essential safety and service in the most economical and
      efficient manner; and

        WHEREAS, the provision of Enhanced 911 Emergency Services by means of a fully integrated, reliable system
      with ongoing interrelated maintenance functions is a unique project in both scope and complexity whose objective is
      to ensure immediate, uninterrupted response to health and safety emergencies in this community; and

        WHEREAS, the standardization for the services and features provided by Verizon technology will protect the
      public interest by providing the fully integrated services needed that maximizes continuous, uninterrupted services,
      provides ongoing maintenance and technical support at no additional cost to the County and enhances immediate
      response to community emergencies; and

        WHEREAS, General Municipal Law Section 103(5) provides for standardization of a particular type or kind of
      product or equipment for reasons of efficiency and economy; and

         WHEREAS, the Sheriff of Yates County has reviewed and determined that for reasons of efficiency and economy
      it is necessary to standardize for the Verizon system and maintenance; now,

        THEREFORE, BE IT RESOLVED, that it is essential to the public interest and for reasons of efficiency and
      economy there is a need to standardize for the services and features provided by Verizon technology for the
      following reasons, including but not limited to:

               1. Verizon as the current system vendor is the only vendor that offers services and features for the
      maintenance of the E-911 database and delivery to Yates county 911 (PSAP) through its tandem selective router
      switch and E-911 trunk lines thereby minimizing the risk that a caller would be unable to contact 911 due to a
      telephone line failure;
                                PROCEEDINGS OF THE LEGISLATURE                                                         269


  2. Verizon provides a single point of contact for all facets of integrated telephone technology, thereby reducing
the time needed to trouble shoot and resolve system problems thereby reducing the risk associated with time delays
to rectify multi vendor system problems;

 3. Verizon provides continuous onsite maintenance and technical support at no cost to the County;

 4. Verizon has a proven record of accomplishment in providing services and maintenance of E-911 technology;

  5. The Verizon system is compatible with anticipated future expansion and upgrades to (PSAP) positions at the
911 Dispatch Center for wireless enhanced 911, and VOIP, as well as next generation E911 and W911 applications
and, be it further

  RESOLVED, that the Legislature hereby requests that Sheriff Ronald Spike mitigate the costs of these
improvements by including equipment and software upgrades as part of the maintenance component of this
agreement and, be it further

  RESOLVED, the Sheriff is hereby authorized to standardize for the services and features provided by Verizon
technology to receive calls at the 911 Communications Dispatch Center for the Verizon technology, and for
provisions of service and maintenance by Verizon, and further

         RESOLVED, that copies of this resolution be provided Sheriff Spike, OEM Director Miller, Treasurer
Percy, and County Administrator Purdy.
VOTE: Unanimous
                                          RESOLUTION NO. 460-09

Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                      AUTHORIZE SHERIFF TO SIGN EAP/TRAINING CONTRACT

           NOW, THEREFORE, BE IT RESOLVED, that upon the approval of the county attorney that the Sheriff is
authorized to execute an agreement with Public Safety EAP a division of Employee Services Inc. Wellsville, NY for
a specific public safety employees assistance and training program effective 1-1-2010 through 12-31-2010 for
$2,362.50, and

           RESOLVED, that a copy of this resolution be provided the Sheriff, Personnel Officer, and YCDSA
President.
VOTE: Unanimous

                                           RESOLUTION NO. 461-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Dr. Dennis.

                             RESOLUTION CALLING FOR MEDICAID RELIEF

         WHEREAS, Medicaid is a federal, state, and local health care program whose costs and administration
represents the largest component of the state and local fiscal relationship in New York, currently totaling over $46
billion annually; and

         WHEREAS, since the program‟s inception, counties across the state have struggled to fund the growth of
the Medicaid local share and even with local budget austerity measures, the programs cost has resulted in higher
property taxes, higher sales taxes, and a decline in county services; and


        WHEREAS, in response to the coordinated efforts of NYSAC and county officials from across the state,
the Governor and State Legislature included in the enacted 2005-06 State Budget a local Medicaid “cap” designed
270                                  PROCEEDINGS OF THE LEGISLATURE


      to limit annual Medicaid growth to 3.5 percent in 2006, 3.25 percent in 2007, and 3 percent in 2008 and years
      thereafter; and

              WHEREAS, this Medicaid “cap” represents a significant reform in the way New York finances its
      Medicaid program and provides counties with a new level of stability and predictably that will benefit local
      taxpayers for years to come; and

              WHEREAS, while the Medicaid “cap” will help shield local taxpayers from the impact of excessive
      Medicaid growth at the federal and state level, counties remain concerned with the future sustainability of the
      Medicaid program, the effect on other state and local budget priorities, and the overall outlook for New York‟s
      economic competitiveness; and

              WHEREAS, as New York‟s Medicaid program has evolved, it has become overly expensive, inefficient
      and unable to adapt to today‟s ever changing health care delivery environment; and

              WHEREAS, New York‟s Medicaid program must be reformed into a modern, patient driven
      system that ensures public integrity, improves patient outcomes and reduces overall program costs:

              NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature hereby calls for the
      continued implementation of the Local Medicaid Cap enacted in the 2005-06 state budget to stabilize county
      budgets and the impact the program has on local real property taxes; and be it further

                RESOLVED that the Yates County Legislature calls for an extension of the enhanced FMAP currently
      set in the American Recovery and Reimbursement Act (ARRA) as passed by the United States House of
      Representatives in H.R. 3962, and be it further

                RESOLVED, that the Yates County Legislature calls upon the Governor and State Legislature to
      continue to focus on the Medicaid program and expand statewide reform efforts designed to ensure public
      integrity, improve patient outcomes, and reduce overall program costs; and be it further

                RESOLVED, that copies of this resolution be sent to the Governor, to New York Sen. George H. Winner,
      Jr., to New York Assemblyman James G. Bacalles, to U.S. Senators Charles E. Schumer and Kirsten E. Gillibrand,
      to Congressman Eric Massa, and to the New York State Association of Counties.
      VOTE: Unanimous
                                                RESOLUTION NO. 462-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                               AMEND RESOLUTION 383-09

        RESOLVED, that Resolution 383-09 Sign Agreement with S2AY Rural Health Network for Healthy Communities
      Capacity Building Initiative is here by amended to Sign Agreement with Human Service Development, and be it
      further

       RESOLVED, that a copy of this resolution be sent to the Public Health office and the Yates County Treasurer.
      VOTE: Unanimous
                                              RESOLUTION NO. 463-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.




                                       ENDORSEMENT TO THE FINGER LAKES
                                         WORKFORCE INVESTMENT BOARD
                              PROCEEDINGS OF THE LEGISLATURE                                                     271


  WHEREAS, this Legislature, by Resolution #334-99, has authorized the creation of the Finger Lakes Workforce
Investment Board for the Counties of Yates, Ontario, Seneca, and Wayne in compliance with the Workforce
Investment Act (WIA) of 1998; and

 WHEREAS, the Finger Lakes Workforce Board has a vacancy for the term of January 1, 2010 through June 30,
2012 and

 WHEREAS, the Public Sector Workforce Investment Board members must be endorsed by the respective
Legislative Boards;

 WHEREAS, the Executive Director has solicited nominations in accordance with the Law; and

  WHEREAS, the Finger Lakes Workforce Investment Board By-Laws state voting members shall be appointed for
terms of three (3) years,

  NOW, THEREFORE, BE IT RESOLVED, that this Legislature does hereby endorse the following representative
to the Finger Lakes Workforce Investment Board to a term from December 15, 2010 through June 30, 2012.

          Mr. Steve Isaacs
          Human Resources Manager, Coach and Equipment Manufacturing Corporation
          PO Box 36
          Penn Yan, New York 14527

          and be it further

  RESOLVED, that certified copies of this resolution be sent to Wayne, Ontario, and Seneca Counties, the Yates
County Workforce Development Office, the Finger Lakes Workforce Investment Board and to the aforementioned
appointee.
VOTE: Unanimous
                                           RESOLUTION NO. 464-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

                                 ADOPT WORKFORCE DEVELOPMENT
                                         WTW BUDGET

WHEREAS, the four County Workforce Development Departments have been designated as One Stop Satellite
Centers by the Finger Lakes Workforce Investment Board; and

   WHEREAS, The Finger lakes Workforce Investment Board approved these budgets for
the period September 1, 2009 to August 29, 2010;

         NOW, THEREFORE, BE IT RESOLVED, that appropriations of the Workforce Investment Act, WtW
funds be made in these accounts;
  C6292.1MWtW Staff Wages $ 3,759.00
  C6292.8MWtW Staff Fringe $ 2,297.00
  C6292.4MWtW Operating        $ 500.00
  C6292.11M WtW Participant Wages $32,656.00
  C6292.81M WtW Participant Fringe $ 4,500.00

          C4792.0 (Revenue)     $43,712.00
and be it further

        RESOLVED, that copies of this resolution be provide to the Workforce Development Director, and the
Yates County Treasurer.
272                                  PROCEEDINGS OF THE LEGISLATURE


      VOTE: Unanimous
                                                 RESOLUTION NO. 465-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch.

                                 WORKFORCE DEVELOPMENT BUDGET TRANSFER

       BE IT RESOLVED, that the following transfers be made in the Yates County Workforce Development account:

       FROM: CD6292.4G DSS Works Operating   $260.00
                   CD6292.8G DSS Works Staff Fringe               $165.00

       TO: CD6292.1G DSS Works Staff Wages              $425.00

      AND be it further

               RESOLVED, that copies of this resolution be provide to the Workforce Development
      Director, and the Yates County Treasurer.
      VOTE: Unanimous

                                                 RESOLUTION NO. 466-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

        APPROVE CONTRACT BETWEEN PROACTION YATES OFFICE FOR THE AGING AND YATES
                             COUNTY HOME HEALTH AGENCY.

              WHEREAS, ProAction Yates Office for the Aging is responsible for administering the Title III E
      Caregiver Support Program and Title III D medication management, and

                WHEREAS, the Yates County Home Health Agency is licensed, equipped and staffed to provide respite to
      the elderly in accordance with the Title III E Caregiver Support Program guidelines and medication management
      services in accordance with Title III D guidelines under a contract with ProAction Yates Office for the Aging;

               WHEREAS, it is understood by and between the parties hereto that this Agreement shall be deemed
      executor to the extent of monies available in the ProAction Yates Office for the Aging budget as approved and to the
      extent of the availability of applicable monies from either the State of New York and/or the United States. The
      contractual amounts consist of the following:

         Federal Funds: Title III D $2500 and Title III E $9600

              RESOLVED, the Chairman of the Yates County Legislature is hereby authorized, contingent upon
      approval of the Yates County Attorney, to sign an agreement between ProAction Yates Office for the Aging and the
      Yates County Home Health Agency for the year January 1, 2010 – December 31, 2010, and be it further

              RESOLVED, the copies of this resolution be provided to the County Treasurer, Director of ProAction of
      Steuben and Yates, Inc., Director of Office for the Aging, and the Yates County Home Health Agency.
      VOTE: Unanimous




                                                 RESOLUTION NO. 467-09

      Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander.
                                PROCEEDINGS OF THE LEGISLATURE                                                            273


                                               RENEW CONTRACT
                                                    (Roets)

 RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract renewal with George
Roets for management consulting services as the Director of Community Services from January 1, 2010 through
December 31, 2010 at a cost not to exceed $25,000, and be it further

 RESOLVED, that the requirement for liability coverage be waived for this contract, and be it further

 RESOLVED, that copies of this resolution be given to George Roets, to the chairperson of the Inter-Office
Coordinating Council of the New York State Department of Mental Hygiene, to the County Treasurer and to the
County Administrator.
VOTE: Unanimous
                                         RESOLUTION NO. 468-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House.

          AUTHORIZE THE CHAIRMAN OF THE YATES COUNTY LEGISLATURE AND THE
          DIRECTOR/DESIGNEE OF COMMUNITY SERVICES TO SIGN MEMORANDUM OF
                   UNDERSTANDING WITH CATHERINE CERULLI, PhD, JD

   WHEREAS, Yates County and the Yates County Department of Community Services wishes to enter into a
Memorandum of Understanding for planning, implementation and presentation of a domestic violence education
program, and

       WHEREAS, the person is qualified to provide the contracted services, and

       WHEREAS, the term of these Agreements is December 01, 2009 through March31, 2010, and

       WHEREAS, there is 100% state money to fund these Agreements

       NOW, THEREFORE, BE IT RESOLVED, that upon the approval of the County Attorney, the Chairman of
the Yates County Legislature and the Director/Designee of Community Services be authorized to sign the
Memorandum of Understanding with Catherine Cerulli, PhD, JD and be it

 RESOLVED, that a copy of this resolution be given to the Treasurer, and the Director of Community Services.
VOTE: Unanimous
                                        RESOLUTION NO. 469-09

Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. J. Multer.


        RENEW CONTRACT FOR COUNSELING SERVICES WITH THOMAS DURHAM, LCSW

         RESOLVED, that after the review by the County Attorney, the Chairman of the Legislature and the Social
Services Commissioner are authorized to sign a contract renewal with Thomas Durham, LCSW for the provision of
counseling services to eligible clients of the Department of Social Services for the period January 1, 2010-December
31, 2010 at a rate of $65.00 per hour (increase to $85.00per hour after completion of further credentialing), and be it
further

        RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Yates
County Department of Social Services.
VOTE: Unanimous

                                            RESOLUTION NO. 470-09
274                                  PROCEEDINGS OF THE LEGISLATURE


      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

       AUTHORIZE DIRECTOR OF REAL PROPERTY TAX SERVICES TO APPLY CORRECTIONS FOR
                              2009 TOWN ASSESSMENT ROLLS

              WHEREAS, seven (7) applications have been made to correct (or refund if necessary) the various 2009-
      2010 School Tax Rolls pursuant to Real Property Tax Law Sections 554 and 556,

               WHEREAS, the Director of Real Property Tax Services has verified that pursuant to RPTL 550 a clerical
      error has been made.

               NOW, THEREFORE, BE IT RESOLVED, that the Director of Real Property Tax Services is authorized to
      apply these corrections to the various 2009 Town Assessment rolls in preparation for 2010 Town and County tax
      rolls;

      1. Town of Italy Tax map number: 572400 69.05-1-39.1
         Parcel to be removed from the roll.
      2. Town of Jerusalem Tax map number: 572689 57.04-1-6
         Total assessed value is zero.
      3. Town of Jerusalem Tax map number: 572689 61.23-1-5.1
         Total assessed value corrected to $90,000.
      4. Town of Milo Tax map number: 573001 50.55-1-1.121
         Total assessed value corrected to $12,000.
      5. Town of Milo Tax map number: 573001 61.34-1-8
         Total assessed value corrected to $15,000.
      6. Town of Starkey Tax map number: 573489 113.72-1-18
         Total assessed value corrected to $1,420,000.
      7. Town of Milo Tax map number: 573089 76.83-1-5
         Total assessed value corrected to $276,100.

      And be it further

       RESOLVED, that a copy of this resolution be sent to the Italy, Jerusalem, Milo, and Starkey Town Clerks, the
      County Treasurer, and the Director of Real Property Tax Services.
      VOTE: Unanimous
                                                 RESOLUTION NO. 471-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Webster.

                                               2009 BUDGET TRANSFERS

       RESOLVED, that the following budget transfers be made to the 2009 Budget:

        $1,190 from A1010.8305 (Legislature-Medical Insurance-Non Union) to A1010.1660 (Legislature-Insurance
      Buyout-Non Union);
        $900 from A1165.4740 (District Attorney-Security Transport/Extradition) to A1165.2115 (District Attorney-
      Computer Hardware);
        $1,161.36 from A1430.4011 (Personnel-Consultants) to A1430.8305 (Personnel-Medical Insurance Non-Union);
        $1,271.63 from A1450.4156 (Elections-Training) to A1450.1597 (Elections-Election Operation Assistant);
        $17,609.99 from A1450.2112 (Elections-Voting Machines) to A1450.4461 (Elections-Supplies: Election);
        $1,986.88 from A1680.1076 (Information Technology-IT Director) to A1680.4571 (Information Technology-
      Computer Software);
        $13,100.12 from A1680.4407 (Information Technology-Equipment Maintenance Agreements) to A1680.2115
      (Information Technology-Computer Hardware);
        $75,000 from A2960.4154 (Education-Handicapped Children) to A4054.4102 (Early Intervention Services);
                                      PROCEEDINGS OF THE LEGISLATURE                                           275


  $16.48 from A3020.1952 (Public Safety Communications Systems-Overtime DSA) to A3020.8100 (Public Safety
Communications Systems-FICA/Medicare);
  $919.06 from A3110.1762 (Sheriff-Deputy Sheriff) to A3150.1952 (Jail-Overtime DSA);
  $3,910.29 from A3110.1762 (Sheriff-Deputy Sheriff) to A3150.4810 (Jail-Prisoners Drugs);
  $1,635.43 from A3110.1752 (Sheriff-Deputy Sheriff) to A3150.4810 (Jail-Prisoners Drugs);
  $1,376.93 from A3150.1830 (Jail-Correction Officer) to A3150.4723 (Jail-Lab);
  $57 from A3645.2953 (OEM-Grant-SHSP) to A3645.4960 (OEM-Grant: Homeland Security);
  $3,610.65 from A4010.2115 (Public Health-Computer Hardware) to A4010.4047 (Public Health-
Weekend/Holiday Help);
  $943 from A6010.4309 (DSS-HEAP Administration) to A1010.2115 (Legislature-Computer Hardware);
  $1,323 from A6010.2115 (DSS-Computer Hardware) to A1680.2115 (Information Technology-Computer
Hardware);
  $1,886 from A6010.4309 (DSS-HEAP Administration) to A1680.2115 (Information Technology-Computer
Hardware);
  $979 from A6123.4310 (DSS-Juvenile Delinquent Care) to A6010.4301 (DSS-Local Share Chargebacks);
  $350.61 from A6123.4310 (DSS-Juvenile Delinquent Care) to A6010.4654 (DSS-Mileage);
  $81.53 from A6123.4310 (DSS-Juvenile Delinquent Care) to A6010.4676 (DSS-Utilities: Cellular Service);
  $369.62 from A6123.4310 (DSS-Juvenile Delinquent Care) to A6010.4726 (DSS-Medical Transportation);
----------------------------------------------------------------------------------------------------------
  $210 from A7310.4152 (Youth Program-Conferences)
  $100 from A7310.4156 (Youth Program-Training)
  $100 from A7310.4653 (Youth Program-Gasoline)
  $60 from A7310.4916 (Youth Program-Publications)
  $52 from A7310.4660 (Youth Program-Travel Expenses)
for a total of $522 to A7310.8305 (Youth Programs-Medical Insurance Non Union);
-----------------------------------------------------------------------------------------------------------
  $19,599.34 from D5112.1450 (Road-Chips Project-Highway Regular) to A5110.1450 (Road-Maintenance-Road &
Bridges-Highway Regular);
  $283.98 from D5112.8100 (Road-Chips Project-FICA/Medicare) to D5110.8100 (Road-Maintenance-Road &
Bridges-Highway-Regular);
  $7,950.85 from D5112.1450 (Road-Chips Project-Highway-Regular) to D5120.1450 (Road-Bridges & Culverts-
Highway-Regular);
  $74.29 from D5112.8100 (Road-Chips Project-FICA/Medicare) to D5120.8100 (Road-Bridges & Culverts-
FICA/Medicare);
  $35.49 from CTP5610.4684 (Airport Reserve-Utilities: Water/Sewer) to CTP5610.4128 (Airport Reserve-Maint-
Runway (Sand);
  $500 from S1710.4192 (Workers Compensation-Administration-NYS Workers Comp Board) to S1710.4194
(Workers Compensation-Administration-Physicals);

  $62,925.79 from D5112.1450 (Road-Chips Project-Highway-Regular) to D5110.1450 (Road-Maintenance-Road
& Bridges-Highway Regular);
  $5,107.33 from D5112.8100 from (Road-Chips Project-FICA/Medicare) to D5110.8100 (Road-Maintenance-Road
& Bridges-FICA/Medicare);
  $359.26 from D5112.1450 (Road-Chips Project-Highway-Regular) to D5120.1450 (Road-Bridges & Culverts-
Highway-Regular);
  $26.67 from D5112.8100 from (Road-Chips Project-FICA/Medicare) to D5120.8100 (Road-Bridges & Culverts-
FICA/Medicare);
  $10,558.32 from DM5130.4640 (Road Machinery-Wash Water Disposal) to DM5130.1450 (Road Machinery-
Highway-Regular);
  $57.96 from DM5130.4640 (Road Machinery-Wash Water Disposal) to DM5130.8100 (Road Machinery-
FICA/Medicare);
  $258.72 from DM5130.4433 (Road Machinery Pavement Striping Truck) to DM9060.8303 (Road Machinery-
Medical Insurance-CSEA);

------------------------------------------------------------------------------------------------------------
  $1,554.71 from A1010.1020 (Legislature-Legislator)
276                                 PROCEEDINGS OF THE LEGISLATURE


        $4,021.72 from A1010.8305 (Legislature-Medical Insurance-Non Union)
        $3,434 from A1355.2115 (Real Property-Computer Hardware)
        $30,910.01 from A1420.4025 (County Attorney-Legal Assistance)
        $1,636.62 from A1420.1644 (County Attorney-Secretary to County Attorney)
        $5,026.20 from A1430.4011 (Personnel-Consultants)
        $9,805.32 from A1680.2115 (Information Technology-Computer Hardware)
        $5,238.41 from A1680.8305 (Information Technology-Medical Insurance-Non Union)
      for a total of $61,626.99 to A1170.4004 (Public Defender-Attorney Fees)
      ------------------------------------------------------------------------------------------------------------
        $220 from A1165.4049 (District Attorney-Steno Fees/Transcripts) to A1165.2110 (District Attorney-Chair);
        $148.56 from A1170.4507 (Public Defender-Copier Charges) to A1170.1660 (Public Defender-Insurance Buyout-
      Non Union);
        $34.66 from A1170.8305 (Public Defender-Medical Insurance-Non Union) to A1170.4654 (Public Defender-
      Mileage);
      ------------------------------------------------------------------------------------------------------------
        $8.38 from A1170.8305 (Public Defender-Medical Insurance-Non Union)
        $599.40 from A1170.8100 (Public Defender-FICA/Medicare)
      for a total of $607.78 to A1170.4004 (Public Defender-Attorney Fees);
      ------------------------------------------------------------------------------------------------------------
        $510 from A1185.4660 (Coroners-Travel Expenses) to A1185.1983 (Coroners-Personal Services);
        $39.01 from A1185.4660 (Coroners-Travel Expenses) to A1185.8100 (Coroners-FICA/Medicare);
      ------------------------------------------------------------------------------------------------------------
        $652.70 from A1325.8100 (Treasurer-FICA/Medicare)
        $743.49 from A1325.8303 (Treasurer-Medical Insurance-CSEA)
        $16.24 from A1325.8305 (Treasurer-Medical Insurance-Non Union)
      for a total of $1,412.43 to A1325.4011 (Treasurer-Consultants);
      ------------------------------------------------------------------------------------------------------------
        $173.19 from A1325.8305 (Treasurer-Medical Insurance-Non Union) to A1325.4470 (Treasurer-Supplies:
      Office);
        $726.22 from A1362.4922 (Tax Advertising-Tax Enforcement Expense) to A1325.2119 (Treasurer-Check Signer);
      ------------------------------------------------------------------------------------------------------------
        $100 from A1430.4653 (Personnel-Gasoline)
        $4.56 from A1430.4470 (Personnel-Supplies: Office)
        $15.41 from A1430.4457 (Personnel-Supplies: Computer)
      for a total of $119.97 to A1430.1630 (Personnel-Insurance Manager);
      ------------------------------------------------------------------------------------------------------------
        $350 from A1625.8100 (Buildings & Grounds-FICA/Medicare) to A1625.4678 (Buildings & Grounds-Utilities:
      Gas);



      ------------------------------------------------------------------------------------------------------------
        $2,469.69 from A1680.8100 (Information Technology-FICA/Medicare)
        $888.36 from A1680.8305 (Information Technology-Medical Insurance-Non Union)
      for a total of $3,358.05 to A1680.4571 (Information Technology-Computer Software)
      ------------------------------------------------------------------------------------------------------ ------
        $462.93 from A3020.4968 (Public Safety Communications Systems-Leases: TS-Intermedia IT) to A3020.8100
      (Public Safety Communications Systems-FICA/Medicare);
      -------------------------------------------------------------------------------------------- ----------------
        $2,342.04 from A3021.8100 (E911 Dispatch Center-FICA/Medicare)
        $1,646.72 from A3021.8304 (E911 Dispatch Center-Medical Insurance-DSA)
      for a total of $3,988.76 to A1185.4023 (Coroners-Hospital Charges);
      ------------------------------------------------------------------------------------------------------------
        $4,544.20 from A3021.8304 (E911 Dispatch Center-Medical Insurance-DSA) to A3021.1952 (E911 Dispatch
      Center-Holiday Overtime DSA);
                               PROCEEDINGS OF THE LEGISLATURE                                                     277


 $652.69 from A3021.8304 (E911 Dispatch Center-Medical Insurance-DSA) to A3021.4682 (E911 Dispatch
Center-Utilities-Telephone/Fax);
 $48.53 from A3110.8304 (Sheriff-Medical Insurance-DSA) to A3020.4676 (Public Safety Communications-
Utilities: Cellular Service);
 $8,597.88 from A3110.8304 (Sheriff-Medical Insurance-DSA) to A3110.1951 (Sheriff-Holiday Overtime DSA);
 $13,276.26 from A3110.8304 (Sheriff-Medical Insurance-DSA) to A3110.1952 (Sheriff-Overtime DSA);
 $6,260 from A3110.8304 (Sheriff-Medical Insurance-DSA) to A3020.2429 (Public Safety Communications
Systems-Other Municipalities);
 $19,914.46 from A3110.8304 (Sheriff-Medical Insurance-DSA) to A3150.1952 (Jail-Overtime-DSA);
 $3,519.69 from A3110.8304 (Sheriff-Medical Insurance DSA) to A3190.1981 (Court Security-Corrections
Officer/Court Security-PT);
 $25,121 from A3150.8304 (Jail-Medical Insurance DSA) to A3150.1952 (Jail-Overtime DSA);
 $4,314.34 from A3150.8100 (Jail-FICA/Medicare) to A3150.4811 (Jail-Prisoner Food);
 $3,010 from A3150.1831 (Jail-Corrections Officer) to A3150.4810 (Jail-Prisoner Drugs);
 $2,536.24 from A3150.1990 (Jail-Nurse Practitioner) to A3150.4810 (Jail-Prisoner Drugs);
 $830 from A4320.4285 (Community Services-Unallocated) to A4320.2115 (Community Services-Computer
Hardware);
 $26,175.93 from A6010.1100 (DSS-Administrative Assistant) as follows:
          $231.19 to A6010.4027 (DSS-Misc. Contractual Expenses)
          $400 to A6010.4052 (DSS-Blood Tests)
          $3,775.70 to A6010.4204 (DSS-YC Cooperative Extension)
          $1,503.94 to A6010.4329 (DSS-Yates County Public Health)
          $368.98 to A6010.4457 (DSS-Supplies: Computer)
          $95.50 to A6010.4507 (DSS-Copier Charges)
          $128 to A6010.4516 (DSS-Printing)
          $1,043.35 to A6010.4654 (DSS-Mileage)
          $179.60 to A6010.4676 (DSS-Utilities: Cellular Service)
          $4,207.75 to A6010.4726 (DSS-Medical Transportation)
          $11,587.18 to A6010.4309 (DSS-HEAP Administration)
          $2,654.74 to A6010.4383 (DSS-Transitional Jobs)
          for a total of $26,175.93.
 $10,486.20 from A6141.4308 (DSS-HEAP) to A6010.4309 (DSS-HEAP Administration);
 $16,751.87 from A9010.8400 (NYS Retirement) to A9090.8000 (Adj. Due to Vacation/Sick Leave);
 $6,591.71 from A9060.8306 (Medical Insurance-Retirees) to A9090.8000 (Adj. Due to Vacation/Sick Leave);
 $200 from C6292.4lL (Workforce-KKP Adult Operating) to C6292.1L (Workforce-KKP Adult Staff Wage);
 $.61 from CTP5610.4684 (Airport Reserve-Utilities: Water/Sewer) to CTP5610.4515 (Airport Reserve-Postage);
 $283.97 from S1710.4192 (Workers Compensation-NYS Workers Comp Board) to S1710.4515 (Workers
Compensation-Postage);
 $291.00 from S1710.4192 (Workers Compensation-NYS Workers Comp Board) to S1710.4194 (Workers
Compensation-Physicals);

and be it further

 RESOLVED that a copy of this resolution be given to the Clerk of the Legislature, Workforce Development/Youth
Bureau Director, Clerk District Attorney, Public Health Director, Commissioner of Social Services, Budget
Officer, Election Commissioners, Highway Superintendent, Airport Council, Personnel Officer, Sheriff, Real
Property Tax Director, County Attorney, Buildings Supervisor, Community Services Director and County Treasurer.
VOTE: Unanimous
                                           RESOLUTION NO. 472-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                               REVERSE RESOLUTION NO. 233-09
                       DEPARTMENT OF AGRICULTURE AND MARKETS FUND
                                 FARMLAND PRESERVATION
                             (CORNELL COOPERATIVE EXTENSION)
278                                  PROCEEDINGS OF THE LEGISLATURE



       WHEREAS, the Cornell Cooperative Extension (Yates County Office) has provided the State of New York
      Department of Agriculture and Markets the necessary paperwork for the Farmland Preservation project and this
      paperwork is being reviewed by the NYS attorneys and;

       WHEREAS, this project will be finalized in 2010 so the closing can occur thereafter;

       NOW, THEREFORE, BE IT RESOLVED, that the following accounts be decreased by $1,886,209 in the 2009
      Budget and will be re-appropriated in the 2010 Budget:

       Appropriation
       A8710.4224 (YC Cooperative Extension-Farmland Preservation)

       Revenue
       A3989.0 (State Aid-Home & Community Services)

      and be it further

       RESOLVED, that a copy of this resolution be given to Peter Landre, Yates County Cooperative Extension
      Director, Budget Officer and County Treasurer.
      VOTE: Unanimous
                                                RESOLUTION NO. 473-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                                  REVERSE 2008 RESERVE FOR ENCUMBRANCES

         WHEREAS, Resolution No. 107-09 appropriated 2008 Reserve for Encumbrances and some of these funds
      were not expended in 2009 for the purpose in which they were encumbered,

       NOW, THEREFORE, BE IT RESOLVED, that the Reserve for Encumbrance and the following account numbers
      be reduced in the General Fund for a total of $54,218.62:

      A1355.4156 (Real Property Tax-Training)      1,640.00
      A1355.4902 (Real Property-Assessment Rolls & Tax Bills) 8,500.00
      A1460.4002 (Records Management-Archival of Records)     190.67
      A1620.4678 (B&G-COB-Utilities: Gas)          126.34
      A1621.4678 (B&G-PSB-Utilities: Gas)         47.70
      A1625.4678 (B&G-Utilities: Gas)            76.03
      A3110.4483 (Sheriff-YCFIT Supplies)         69.00
      A3110.4731 (Sheriff-Protective Equipment)        37.00
      A3110.4744 (Sheriff-Star Unit)        203.57
      A3140.4156 (Probation-Training)       5,000.00
      A3150.1830 (Jail-Corrections Officer)   25,559.04
      A3150.8100 (Jail-FICA/Medicare)         1,955.27
      A4320.4290 (CS-Managed Addiction Treatment) 10,814.00

      and be it further

        RESOLVED, that the Reserve for Encumbrances and the following account numbers be reduced in the Road
      Fund for a total of $107,411.66:

      D5120.4997 (Road-Bridges & Culverts-Main St. Bridge)   75,941.32
      D5120.4998 (Road-Bridges & Culverts-Fox's Mill Bridge) 31,470.34

      and be it further
                               PROCEEDINGS OF THE LEGISLATURE                                                       279



  RESOLVED, that the Reserve for Encumbrances and the following account number be reduced in the Road
Machinery Fund for a total of $120.50:

DM9060.8307 (Road Mach-Eyeglasses)            120.50

and be it further

  RESOLVED, a copy of this resolution be given to the Real Property Tax Director, Buildings Maintenance
Supervisor, Historian, Sheriff, Budget Officer, Highway Superintendent, Probation Director, and County Treasurer.
VOTE: Unanimous
                                            RESOLUTION NO. 474-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                                      APPROPRIATE HEAP FUNDS
                                  (DEPARTMENT OF SOCIAL SERVICES)

 WHEREAS, the Yates County Department of Social Services has received $7,100 in grant funds under the Federal
HEAP program for administration and it is necessary to increase the revenue and appropriation for the County
HEAP,

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $7,100:

 Appropriation
 A6010.4309 (DSS-HEAP-Administration)

 Revenue
 A46l0.0 (Federal Aid-DSS-Administration)

and be it further

 RESOLVED, that a copy of this resolution be given to the Commissioner of Social Services, Budget Officer and
County Treasurer.
VOTE: Unanimous
                                        RESOLUTION NO. 475-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.

                            APPROPRIATE TRANSITIONAL JOBS PROGRAM
                                (DEPARTMENT OF SOCIAL SERVICES)

  WHEREAS, the Yates County Department of Social Services received a special allocation for the Transitional
Jobs Program in the amount of $722.15 and these funds are not part of the 2009 Budget,

 NOW, THEREFORE, BE IT RESOLVED, that the following accounts be increased by $722.15:

 Appropriation
 A6010.4383 (DSS-Transitional Jobs)

 Revenue
 A4610 (Federal Aid Social Services Administration)

and be it further
280                                  PROCEEDINGS OF THE LEGISLATURE


       RESOLVED, that a copy of this resolution be given to the Commissioner of Social Services, Budget Officer and
      Treasurer.
      VOTE: Unanimous

                                                  RESOLUTION NO. 476-09
      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock.

                                      REDUCE STATE AID IN THE 2009 BUDGET
                                              (YOUTH PROGRAMS)

        WHEREAS, the 2009 Yates County Youth Programs allocations for State Aid has been reduced, therefore, it is
      necessary to reduce the 2009 Budget:

       NOW, THEREFORE, BE IT RESOLVED that the following accounts be decreased:

       Appropriation
       A7310.4352 (Youth-CFRC/FLS (YDDP) $ 491
       A7310.4354 (Youth-Dundee Youth Center) 2,443
         Total $ 2,934

       Revenue
       A3820 (State Aid-Youth Programs) $ 2,934

      and be it further

       RESOLVED, that a copy of this resolution be given to the Workforce Development/Youth Bureau Director,
      Budget Officer and County Treasurer.
      VOTE: Unanimous



                                                RESOLUTION NO. 477-09

      Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. House.


                   AUTHORIZE RENEWAL OF AGREEMENT FOR COUNTY PLANNING BOARD
                                    (Recording Secretary Services)

        RESOLVED, that the Chairman of the Legislature is authorized to renew an agreement with Karen Phillips for the
      provision of County Planning Board Recording Secretary services for the period of January 1, 2010 through
      December 31, 2010 at a rate of $10.10 per hour, and be it

       RESOLVED, that insurance requirements are waived, and be it further

             RESOLVED, that copies of this resolution be given to the County Planner and County Treasurer.
      VOTE: Unanimous
                                             RESOLUTION NO. 478-09

      Mr. Banach offered the following resolution and moved its adoption, seconded by Mr. Holgate.

                                 AUTHORIZE CHAIRMAN TO RENEW CONTRACT
                                                (ExtraDev)
                                PROCEEDINGS OF THE LEGISLATURE                                                        281


  RESOLVED, that upon review of the County Attorney the Chairman of the Legislature is hereby authorized to
sign a contract renewal with ExtraDev, Inc. of Rochester for computer technical assistance, effective January 1,
2010 through December 31, 2010 at a cost not to exceed $159,000 and be it further

 RESOLVED, that a copy of this resolution be given to ExtraDev and the County Administrator.
VOTE: Unanimous
                                        RESOLUTION NO. 479-09

Mr. Banach offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                   ADOPT 2010 EMPLOYEE BENEFITS FOR NON-UNION PERSONNEL

 WHEREAS, the Yates County Legislature has agreed to health insurance and other benefits for non-union
personnel,

  NOW, THEREFORE, BE IT RESOLVED, that effective January 1, 2010, the Yates County Legislature adopts the
following health insurance options and other benefits for non-union personnel as listed below:
                                                         Group I

         1.Part-time employees not listed elsewhere and temporary employees as per Res. #76-96

         No benefits except New York State Retirement to the extent required by law. May participate in medical and
         dental group insurance upon payment of the full monthly insurance premium if the employee maintains a
         minimum work schedule of at least seventeen (17) hours per week.

                                                      Group II

 1. Assistant Public Defender
 2. Assistant County Attorney
 3. County Attorney
 4. County Legislator
 5. Director of Weights and Measures
       8.       Insurance Manager
       9.       Medical Social Worker
                 Part-time Licensed Professionals as per Res. #76-96 and Temporary Licensed Professionals
 8. Public Defender
 9. Social Services Attorney

Benefits:
1. New York State Retirement
2. Allowance if no medical coverage and part-time employee: 20% of County‟s share of Blue Healthy Choices-B
insurance premium for a single policy only. There is no health insurance buyout allowance for
County Legislators.

Medical Options:
1. Health Insurance: Blue Healthy Choices B or Blue EPO-I (employee must contribute 10% of
    premium and County Legislators must contribute 50% of the health insurance – only single policy offered.)
    Employees and County Legislators must pay the difference for additional coverage.
    Employees hired (or County Legislators who take office) after January 1, 2008 will only be offered the
   Blue Healthy Choices B plan.
2. Smile Saver I Dental Insurance (employee can purchase at full cost)
3. Medical Spending Account (maximum $3,500)
4. Dependent Care Spending Account (maximum $5,000)

                                                      Group III
282                                    PROCEEDINGS OF THE LEGISLATURE


       1. County Clerk
       2. County Treasurer
       3. District Attorney
             5.         Sheriff

      Benefits:
      1. New York State Retirement
      2.    Allowance if no medical coverage part-time or full-time employee:                  20% of the County‟s share
         of Blue Healthy Choices-B insurance premium

      Medical Options:
      1. Health Insurance: Blue Healthy Choices B or Blue EPO-I (employee must contribute 10% of
         premium). Elected Officials (and full time non-union employees) that take office (or hired) after
        January 1, 2008 and were not previously on the County‟s health insurance plan will only be
        offered the Blue Healthy Choice B plan.
      2. Smile Saver I Dental Insurance (employee can purchase at full cost)
      3. Medical Spending Account (maximum $3,500)
      4. Dependent Care Spending Account (maximum $5,000)

                                                             Group IV

              6.        Administrative Assistant (non-union full-time)
              7.        Animal Control Officer
              8.        Building Maintenance Supervisor
              9.        Chief Deputy
              10.       Chief Dispatcher
       6. Clerk of Legislature
       7. Commissioner of Social Services
              8. Confidential Assistant to Sheriff
       9. County Administrator
       10. County Historian
       11. Deputy Commissioner of Social Services
       12. Deputy County Clerk
       13. Deputy County Treasurer
       14.    Deputy Highway Superintendent
              15.     Director of Income Maintenance & Child Support
              16.     Director of Information Technology
       17. Director of Patient Services/Public Health
       18. Director of Real Property Tax Services
       19. Director of Veterans Services
       20. Election Commissioner
       21. Emergency Preparedness Director/Fire Coordinator
       22.    First Assistant District Attorney
              23.     Highway Superintendent
              24.     Motor Vehicle Supervisor
              25.     Personnel Assistant
              26.       Personnel Officer
              27.     Planner
              28.     Probation Director
              29.     Public Health Assistant
              30.     Secretary to the District Attorney
              31.     Second Assistant District Attorney
              32. Senior Administrative Assistant
              33.     Supervising Public Health Nurse
              34.       Undersheriff
              35.     Workforce Development and Youth Bureau Director
                                PROCEEDINGS OF THE LEGISLATURE                                                           283



Benefits:
1. New York State Retirement
2. Allowance if no medical coverage and part-time employee: 20% of County‟s share of Blue Healthy Choices-B
insurance premium for a single policy only.
3. Leave time as described in Section 3 of the Yates County Administrative Guide.

Medical Options:
1. Health Insurance: Blue Healthy Choices B or Blue EPO-I (employee must contribute 10% of
   premium). Employees hired after January 1, 2008 will only be offered Blue Healthy Choices B plan.
2. Smile Saver I Dental Insurance (employee can purchase at full cost)
3. Medical Spending Account (maximum $3,500)
4. Dependent Care Spending Account (maximum $5,000)

and be it further

 RESOLVED, that a copy of this resolution be given to the Treasurer, the County Administrator and the Personnel
Officer.
VOTE: Unanimous
                                          RESOLUTION NO. 480-09

Mr. Banach offered the following resolution and moved its adoption, seconded by Mrs. Alexander.

                    RECLASSIFY PROBATION ASSISTANT POSITION TO FULL-TIME

         WHEREAS, upon the request from the Probation Director, the Personnel Officer has approved the New
Position Duties Statement which has resulted in the reclassification of the position of Probation Assistant from part-
time to full-time,

         WHEREAS, the funding for this reclassification is contained in the adopted 2010 budget,

 NOW, THEREFORE BE IT RESOLVED, that a full-time Probation Assistant position be created as of January 1,
2010 and is hereby placed in Group IV of the current collective bargaining agreement between Yates County and the
CSEA, and be it further

 RESOLVED, that a copy of the resolution be provided to the Budget Officer, Treasurer, Probation Director,
Personnel Officer, and the CSEA President.
VOTE: Unanimous


                                            RESOLUTION NO. 481-09

Mr. Banach offered the following resolution and moved its adoption, seconded by Mr. J. Multer.

                                   EXTEND OFFICE SUPPLY AGREEMENT

  WHEREAS, Office supplies were bid and awarded to Longs Cards and Books effective January 2008 with an
annual renewal clause and

 WHEREAS, said annual agreement will expire in January of 2010,

  NOW, THEREFORE BE IT RESOLVED, the Yates County Legislature authorizes the renewal of the office
supply agreement with Longs Cards and Books and the Chairman is authorized to sign said extension agreement and
be it
284                                    PROCEEDINGS OF THE LEGISLATURE


             RESOLVED, that copies of this resolution be given to all departments, villages, towns, and Longs Cards
      and Books.
      VOTE: Unanimous
                                             RESOLUTION NO. 482-09

      Mr. Banach offered the following resolution and moved its adoption, seconded by Mr. Fitch.

      AUTHORIZE CHAIRMAN TO SIGN MEMORANDUM OF UNDERSTANDING FOR ALLOCATION OF
      FUNDING

       WHEREAS, funding has been appropriated in the 2010 Yates County Budget for the following agencies:

              Yates County Chamber of Commerce                                        $ 84,000.00
              Finger Lakes Tourism Alliance                                           $ 12,500.00
              The Yates County Agricultural Society                                   $    987.00
              Retired & Senior Volunteer Program                                      $ 3,024.00
              Yates County Arts Council                                               $ 1,186.00
              Finger Lakes Wine country Tourism Marketing                             $ 46,000.00
              Yates County Genealogical and Historical Society                        $ 5,032.00


               NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Yates County
      Legislature is hereby authorized to sign said memorandums for the allocation for these funds, and be it further

            RESOLVED, that a copy of this resolution be provided to the County Treasurer.
      VOTE: Unanimous

      Meeting adjourned at 1:10 p.m.
PROCEEDINGS OF THE LEGISLATURE                      285
                  2010 – ADOPTED BUDGET

                    COUNTY OF YATES

              SARAH PURDY, BUDGET OFFICER

       FORM OF BUDGET AND EXPLANATORY STATEMENT

           STATEMENT SUMMARIZING THE BUDGET

        EXHIBIT A – SUMMARY OF BUDGET – ALL FUNDS

           SCHEDULES SHOWING BUDGET DETAILS

                     APPROPRIATIONS

               SCHEDULE 1-A – GENERAL FUND

             SCHEDULE 1-D – COUNTY ROAD FUND

          SCHEDULE 1-DM – ROAD MACHINERY FUND

               SCHEDULE 1-P – AIRPORT FUND

   ESTIMATED REVENUES OTHER THAN REAL PROPERTY TAXES

               SCHEDULE 2-A – GENERAL FUND

             SCHEDULE 2-D – COUNTY ROAD FUND

          SCHEDULE 2-DM – ROAD MACHINERY FUND

               SCHEDULE 2-P – AIRPORT FUND
286                               PROCEEDINGS OF THE LEGISLATURE

                                                           SUMMARY OF BUDGET - ALL FUNDS
                                                           ADOPTED BUDGET
      EXHIBIT A
      TOTAL APPROPRIATIONS ALL FUNDS                                                                     40,306,583

      LESS ESTIMATED REVENUES                                                              25,134,424

      APPROPRIATED CASH SURPLUS
      GENERAL FUND SURPLUS                                                   2,487,108
      INSURANCE FUND                                                           147,100
      UNEMPLOYMENT FUND                                                         24,400
      ROAD                                                                     225,000
      ROAD MACHINERY                                                           125,000
      AIRPORT                                                                   32,397
      TOTAL CASH SURPLUS APPROPRIATED                                                       3,041,005
      TOTAL REVENUES AND APPROPRIATED CASH SURPLUS                                                       28,175,429

      BALANCE OF APPROPRIATIONS TO BE RAISED FOR BUDGETARY PURPOSES                        12,131,154

      TOTAL TAX LEVY                                                                                     12,131,154

                                         SUMMARY OF BUDGET BY FUNDS
                                          GENERAL       COUNTY ROAD         COUNTY         AIRPORT        TOTAL
                                            FUND            FUND         MACHINERY FUND
      APPROPRIATIONS                      33,942,257       5,236,100        1,059,329         68,897     40,306,583
      LESS: ESTIMATED REVENUES
      OTHER THAN REAL ESTATE TAXES       23,181,809         1,839,315          76,800         36,500     25,134,424

      APPROPRIATED CASH SURPLUS           2,658,608          225,000          125,000         32,397      3,041,005

      BALANCE OF APPROPRIATED TO BE
      RAISED FOR BUDGETARY PURPOSES       8,101,840         3,171,785         857,529              0     12,131,154


      TOTAL TAX LEVY                       8,101,840         3,171,785         857,529               0   12,131,154
                                     PROCEEDINGS OF THE LEGISLATURE                                    287
Schedule 1-A                                                            BUDGET AS     DEPARTMENT     REQUEST '10      BUDGET
                                              ACTUAL       BUDGET        MODIFIED       REQUEST          TO          OFFICER'S    ADOPTED
                                               2008         2009           2009           2010       ORIGINAL '09      REC.
GENERAL GOVT SUPPORT
LEGISLATIVE BOARD

A1010.         PERSONAL SERVICES
    1000       Chairman                         7,906.00     8,183.00      8,183.00       8,183.00           0.00%     8,183.00     8,183.00
    1020       Legislators (14)               110,684.00   114,549.00    114,549.00     114,549.00           0.00%   114,549.00   114,549.00
    1045       Clerk (Legislature)             39,300.00    40,676.00     40,676.00      40,676.00           0.00%    40,676.00    40,676.00
    1660       Insurance Buyout Non-Union       6,238.08     6,240.00      6,240.00       6,240.00           0.00%     9,018.00         0.00

               Total                          164,128.08   169,648.00    169,648.00     169,648.00           0.00%   172,426.00   163,408.00

A1010.         EQUIPMENT
    2115       Computer Hardware                    0.00     1,350.00       407.00        1,000.00       -25.93%           0.00         0.00
    2116       Dictation Equipment                  0.00         0.00       300.00          300.00       300.00%           0.00         0.00
    2121       Sound Equipment                      0.00         0.00       800.00          800.00       800.00%           0.00         0.00

               Total                                0.00     1,350.00      1,507.00       2,100.00        55.56%           0.00         0.00

A1010.         CONTRACTUAL EXPENSES
    4152       Conferences                        525.00     1,200.00      1,200.00       1,200.00          0.00%      1,200.00     1,200.00
    4470       Office Supplies                    816.51       600.00        600.00         400.00        -33.33%        400.00       400.00
    4501       Advertising                        856.49       350.00        350.00         350.00          0.00%        350.00       350.00
    4507       Copier Charge                    1,590.80     1,500.00      1,500.00       1,500.00          0.00%      1,500.00     1,500.00
    4515       Postage                            296.89       300.00        300.00         300.00          0.00%        300.00       300.00
    4654       Mileage                          6,698.61     7,500.00      7,500.00       7,000.00         -6.67%      7,000.00     6,000.00
    4660       Travel Expenses                  1,942.56     3,500.00      3,500.00       3,500.00          0.00%      3,500.00     3,500.00
    4682       Utilities: Telephone/Fax           400.48       400.00        400.00         400.00          0.00%        400.00       400.00
    4907       Dues                               150.00       150.00        150.00         150.00          0.00%        150.00       150.00
    4915       Proceedings                        924.00     1,000.00      1,000.00       1,000.00          0.00%      1,000.00     1,000.00

               Total                           14,201.34    16,500.00     16,500.00      15,800.00         -4.24%     15,800.00    14,800.00

A1010.         EMPLOYEE BENEFITS
    8100       FICA/Medicare                   12,340.99    12,979.00     12,979.00      12,979.00         0.00%      13,191.00    12,501.00
    8305       Medical Insurance Non-Union     26,373.84    36,448.00     36,448.00      41,916.00        15.00%      32,902.00    19,959.00

               Total                           38,714.83    49,427.00     49,427.00      54,895.00        11.06%      46,093.00    32,460.00

A1010.0        TOTAL                          217,044.25   236,925.00    237,082.00     242,443.00           2.33%   234,319.00   210,668.00
288                                           PROCEEDINGS OF THE LEGISLATURE


      Schedule 1-A                                                                     BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                                             ACTUAL       BUDGET        MODIFIED       REQUEST          TO         OFFICER'S    ADOPTED
                                                              2008          2009          2009           2010       ORIGINAL '09     REC.

      DISTRICT ATTORNEY

      A1165.         PERSONAL SERVICES
         1010        District Attorney                       119,800.00   119,800.00    119,800.00     119,800.00          0.00%   119,800.00   119,800.00
         1109        District Attorney Secretary              29,995.00    31,945.00     31,945.00      31,045.00         -2.82%    31,045.00    31,045.00
         1570        (1) Assistant DA                         53,618.00    55,495.00     55,495.00      55,495.00          0.00%    55,495.00    55,495.00
         1571        (2) Assistant DA                         41,400.00    42,849.00     42,849.00      42,849.00          0.00%    42,849.00    42,849.00
         1572        ATP Grant                                14,750.00    17,558.00     17,558.00      20,350.00         15.90%    20,350.00    20,350.00
         1573        Retention Grant                           3,715.00     3,500.00      3,500.00           0.00       -100.00%         0.00         0.00

                     Total                                   263,278.00   271,147.00    271,147.00     269,539.00         -0.59%   269,539.00   269,539.00

      A1165.         EQUIPMENT
         2115        Computer Hardware                         4,699.53         0.00      1,299.90        600.00         600.00%      600.00          0.00
         2152        APG                                       1,212.00         0.00          0.00          0.00           0.00%        0.00          0.00

                     Total                                     5,911.53         0.00      1,299.90        600.00         600.00%      600.00          0.00

      A1165.         CONTRACTUAL EXPENSES
         4049        Stenographer Fees/Transcripts - Court     2,117.42     4,000.00      4,000.00       4,000.00          0.00%     4,000.00     4,000.00
         4050        Stenographer Fees/Transcripts - GR        8,984.64    11,000.00      8,479.23      10,000.00         -9.09%    10,000.00    10,000.00
         4051        Special Prosecutor Fees                   9,565.57     4,000.00      4,000.00       4,000.00          0.00%     4,000.00     4,000.00
         4152        Conferences                                 350.00       300.00        300.00         300.00          0.00%       300.00       300.00
         4406        Copier Maintenance Agreement                492.30       800.00        374.41         800.00          0.00%       600.00       600.00
         4470        Office Supplies                           2,062.63     1,250.00      1,893.40       1,500.00         20.00%     1,250.00     1,250.00
         4515        Postage                                   1,131.34       800.00      1,000.00       1,000.00         25.00%     1,000.00     1,000.00
         4516        Printing                                    470.60       500.00        500.00         500.00          0.00%       500.00       500.00
         4572        Computer Access Fees                      1,195.00     1,100.00      1,100.00       1,200.00          9.09%     1,200.00     1,200.00
         4654        Mileage                                   1,696.36     2,000.00      2,000.00       2,000.00          0.00%     2,000.00     2,000.00
         4660        Travel Expenses                           2,126.57     2,400.00      2,400.00       2,400.00          0.00%     2,400.00     2,400.00
                                       PROCEEDINGS OF THE LEGISLATURE                                    289

Schedule 1-A                                                                     BUDGET AS     DEPARTMENT      REQUEST '10     BUDGET
                                                       ACTUAL       BUDGET        MODIFIED       REQUEST           TO         OFFICER'S    ADOPTED
                                                        2008          2009          2009           2010        ORIGINAL '09     REC.

DISTRICT ATTORNEY

A1165.         PERSONAL SERVICES
   1010        District Attorney                       119,800.00   119,800.00    119,800.00     119,800.00           0.00%   119,800.00   119,800.00
   1109        District Attorney Secretary              29,995.00    31,945.00     31,945.00      31,045.00          -2.82%    31,045.00    31,045.00
   1570        (1) Assistant DA                         53,618.00    55,495.00     55,495.00      55,495.00           0.00%    55,495.00    55,495.00
   1571        (2) Assistant DA                         41,400.00    42,849.00     42,849.00      42,849.00           0.00%    42,849.00    42,849.00
   1572        ATP Grant                                14,750.00    17,558.00     17,558.00      20,350.00          15.90%    20,350.00    20,350.00
   1573        Retention Grant                           3,715.00     3,500.00      3,500.00           0.00        -100.00%         0.00         0.00

               Total                                   263,278.00   271,147.00    271,147.00     269,539.00          -0.59%   269,539.00   269,539.00

A1165.         EQUIPMENT
   2115        Computer Hardware                         4,699.53         0.00      1,299.90        600.00          600.00%      600.00          0.00
   2152        APG                                       1,212.00         0.00          0.00          0.00            0.00%        0.00          0.00

               Total                                     5,911.53         0.00      1,299.90        600.00          600.00%      600.00          0.00

A1165.         CONTRACTUAL EXPENSES
   4049        Stenographer Fees/Transcripts - Court     2,117.42     4,000.00      4,000.00       4,000.00           0.00%     4,000.00     4,000.00
   4050        Stenographer Fees/Transcripts - GR        8,984.64    11,000.00      8,479.23      10,000.00          -9.09%    10,000.00    10,000.00
   4051        Special Prosecutor Fees                   9,565.57     4,000.00      4,000.00       4,000.00           0.00%     4,000.00     4,000.00
   4152        Conferences                                 350.00       300.00        300.00         300.00           0.00%       300.00       300.00
   4406        Copier Maintenance Agreement                492.30       800.00        374.41         800.00           0.00%       600.00       600.00
   4470        Office Supplies                           2,062.63     1,250.00      1,893.40       1,500.00          20.00%     1,250.00     1,250.00
   4515        Postage                                   1,131.34       800.00      1,000.00       1,000.00          25.00%     1,000.00     1,000.00
   4516        Printing                                    470.60       500.00        500.00         500.00           0.00%       500.00       500.00
   4572        Computer Access Fees                      1,195.00     1,100.00      1,100.00       1,200.00           9.09%     1,200.00     1,200.00
   4654        Mileage                                   1,696.36     2,000.00      2,000.00       2,000.00           0.00%     2,000.00     2,000.00
   4660        Travel Expenses                           2,126.57     2,400.00      2,400.00       2,400.00           0.00%     2,400.00     2,400.00
290                                     PROCEEDINGS OF THE LEGISLATURE

      Schedule 1-A                                                                  BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                                          ACTUAL       BUDGET        MODIFIED       REQUEST          TO         OFFICER'S     ADOPTED
                                                           2008          2009          2009           2010       ORIGINAL '09     REC.

      PUBLIC DEFENDER (OR LEGAL
      DEFENSE OR INDIGENT)
      A1170.           PERSONAL SERVICES
          1565         Assistant Public Defender           35,562.00    36,807.00     36,807.00      36,807.00         0.00%      36,807.00     36,807.00
          1640         Public Defender                     61,234.00    63,378.00     63,378.00      63,378.00         0.00%      63,378.00     63,378.00
          1660         Insurance Buyout Non-Union             779.76       780.00        780.00         780.00         0.00%       1,002.00      1,002.00

                         Total                             97,575.76   100,965.00    100,965.00     100,965.00         0.00%     101,187.00    101,187.00

      A1170.             EQUIPMENT
          2118           Assigned Counsel Equipment          923.99          0.00          0.00           0.00         0.00%           0.00          0.00

                         Total                               923.99          0.00          0.00           0.00         0.00%           0.00          0.00

      A1170.             CONTRACTUAL EXPENSES
          4003           Assigned Counsel Administrator     2,500.00     2,795.00      2,795.00       2,895.00          3.58%      2,795.00      2,795.00
          4004           Attorney Fees                    172,581.33   120,000.00    120,000.00     180,000.00         50.00%    120,000.00    120,000.00
          4024           Interpreter Services                 200.00       300.00        300.00         200.00        -33.33%        200.00        200.00
          4039           Secretarial: Asst. PD              9,305.00     9,631.00      9,631.00      10,105.00          4.92%      9,631.00      9,631.00
          4042           Secretarial: PD                   24,505.00    25,363.00     25,363.00      26,638.00          5.03%     25,363.00     25,363.00
          4045           Transcripts                          616.88       500.00        500.00         450.00        -10.00%        450.00        450.00
          4156           Training                               0.00       400.00        400.00         400.00          0.00%        400.00        400.00
          4470           Office Supplies                      927.22       700.00        700.00         700.00          0.00%        700.00        700.00
          4507           Copier Charge                      1,196.00     1,300.00      1,300.00       1,300.00          0.00%      1,300.00      1,300.00
          4515           Postage                              917.76     1,200.00      1,200.00       1,300.00          8.33%      1,100.00      1,100.00
          4516           Printing                             365.91       400.00        400.00         400.00          0.00%        400.00        400.00
          4572           Computer Access Fees               1,515.60     1,600.00      1,600.00       1,600.00          0.00%      1,600.00      1,600.00
          4654           Mileage                            6,465.53     6,200.00      6,200.00       6,400.00          3.23%      6,400.00      6,400.00
          4682           Utilities: Telephone/Fax           2,356.12     1,900.00      1,900.00       2,100.00         10.53%      2,100.00      2,100.00
          4755           Witness Fees & Mileage                 0.00       400.00        300.00         300.00        -25.00%        300.00        300.00
          4916           Publications                         440.51       500.00        500.00         500.00          0.00%        500.00        500.00
          4929           Assigned Counsel Expenses            383.90       250.00        350.00         300.00         20.00%        300.00        300.00

                         Total                            224,276.76   173,439.00    173,439.00     235,588.00        35.83%     173,539.00    173,539.00
                                 PROCEEDINGS OF THE LEGISLATURE                                       291
Schedule 1-A                                                           BUDGET AS     DEPARTMENT         REQUEST '10     BUDGET
                                             ACTUAL       BUDGET        MODIFIED       REQUEST              TO         OFFICER'S     ADOPTED
                                              2008          2009          2009           2010           ORIGINAL '09     REC.

A1170.         EMPLOYEE BENEFITS
     8100      FICA/Medicare                   6,911.86     7,724.00      7,724.00         7,724.00           0.00%       7,741.00      7,741.00
     8305      Medical Insurance Non-Union     4,339.08     5,207.00      5,207.00         5,989.00          15.02%       5,579.00      5,579.00

               Total                          11,250.94    12,931.00     12,931.00        13,713.00           6.05%      13,320.00     13,320.00

A1170.0        TOTAL                         334,027.45   287,335.00    287,335.00       350,266.00          21.90%     288,046.00    288,046.00
REVENUE                                                                              .
A3025          Indigent Legal Services        65,975.00         0.00          0.00             0.00           0.00%           0.00          0.00

               Total Revenue                  65,975.00         0.00          0.00             0.00           0.00%           0.00          0.00

               Total Net County Cost         268,052.45   287,335.00    287,335.00       350,266.00          21.90%     288,046.00    288,046.00

               Percent Revenue                  19.75%         0.00%         0.00%            0.00%           0.00%          0.00%         0.00%
292                                      PROCEEDINGS OF THE LEGISLATURE

      Schedule 1-A                                                          BUDGET AS      DEPARTMENT      REQUEST '10      BUDGET
                                                 ACTUAL        BUDGET        MODIFIED        REQUEST           TO          OFFICER'S       ADOPTED
                                                  2008          2009           2009            2010        ORIGINAL '09      REC.


      JUSTICES & CONSTABLES

      A1180.         CONTRACTUAL EXPENSES
         4706        Court Fees: Town/Villages       940.00       900.00         900.00          900.00           0.00%          900.00        900.00

      A1180.0        TOTAL                           940.00       900.00         900.00          900.00           0.00%          900.00        900.00

      MEDICAL EXAMINERS & CORONERS

      A1185.         PERSONAL SERVICES
         1983        Coroner                           0.00         0.00           0.00         4,800.00       4800.00%        4,000.00      4,000.00

                     Total                             0.00         0.00           0.00         4,800.00       4800.00%        4,000.00      4,000.00


      A1185.         CONTRACTUAL EXPENSES
         4006        Autopsies                     8,848.54    15,000.00      15,000.00        14,500.00          -3.33%      14,500.00     13,000.00
         4008        Body Removal                    722.50     1,000.00       1,000.00         1,000.00           0.00%       1,000.00      1,000.00
         4014        Coroner Fees                  2,625.00     3,000.00       3,000.00             0.00        -100.00%           0.00          0.00
         4023        Hospital Charges              3,950.43     7,500.00       7,500.00         7,500.00           0.00%       7,500.00      6,500.00
         4152        Conference                      345.00       600.00         600.00           600.00           0.00%         600.00        600.00
         4156        Training                          0.00       500.00         500.00           500.00           0.00%         500.00        500.00
         4470        Office Supplies                   0.00        50.00          35.87            50.00           0.00%          50.00         50.00
         4654        Mileage                         305.97       600.00         661.83           500.00         -16.67%         500.00        500.00
         4660        Travel Expenses                 108.50       900.00         852.30           600.00         -33.33%         600.00        600.00
         4734        Radio Parts/Maintenance           0.00        50.00          50.00            50.00           0.00%          50.00         50.00
         4907        Dues                            400.00       400.00         400.00           400.00           0.00%         400.00        400.00

      A1185.0        TOTAL                        17,305.94    29,600.00      29,600.00        25,700.00         -13.18%      25,700.00     23,200.00

      A1185.         EMPLOYEE BENEFITS
         8100        FICA/Medicare                      0.00         0.00           0.00          368.00        368.00%          306.00        306.00

                     Total                              0.00         0.00           0.00          368.00          368.00         306.00        306.00

      A1185.0        TOTAL                         17,305.94    29,600.00      29,600.00       30,868.00          4.28%        30,006.00     27,506.00
                                 PROCEEDINGS OF THE LEGISLATURE                                      293

Schedule 1-A                                                           BUDGET AS     DEPARTMENT            REQUEST '10      BUDGET
                                             ACTUAL       BUDGET        MODIFIED       REQUEST                 TO          OFFICER'S     ADOPTED
                                              2008         2009           2009           2010              ORIGINAL '09      REC.

COUNTY ADMINISTRATOR

A1230.         PERSONAL SERVICES
    1035       Administrator                  86,216.00    89,234.00     89,234.00       89,234.00                0.00%      89,234.00     89,234.00

               Total                          86,216.00    89,234.00     89,234.00       89,234.00                0.00%      89,234.00     89,234.00
A1230.
               CONTRACTUAL EXPENSES
    4152       Conferences                         0.00       525.00        525.00          400.00               -23.81%        400.00        400.00
    4470       Office Supplies                   761.39       400.00        400.00          400.00                 0.00%        400.00        400.00
    4501       Advertising                         0.00       100.00        100.00            0.00              -100.00%          0.00          0.00
    4507       Copier Charges                    471.20       750.00        750.00          750.00                 0.00%        750.00        750.00
    4515       Postage                            73.55       130.00        130.00          130.00                 0.00%        130.00        130.00
    4654       Mileage                           250.38       900.00          0.00            0.00              -100.00%          0.00          0.00
    4660       Travel Expenses                 1,354.08     1,000.00        900.00        1,000.00                 0.00%      1,000.00      1,000.00
    4676       Utilities: Cellular Service         0.00         0.00        900.00          900.00                 0.00%        900.00        900.00
    4682       Utilities: Telephone/Fax          337.80       550.00        550.00          550.00                 0.00%        550.00        550.00
    4907       Dues                            1,090.00     1,120.00      1,120.00          650.00               -41.96%        650.00        650.00

               Total                           4,338.40     5,475.00      5,375.00        4,780.00               -12.69%      4,780.00      4,780.00

A1230          EMPLOYEE BENEFITS
    8100       FICA/Medicare                   6,521.36     6,827.00      6,827.00        6,827.00                0.00%       6,827.00      6,827.00
    8305       Medical Insurance Non-Union     3,898.68     4,679.00      4,679.00        5,381.00               15.00%       5,010.00      5,010.00

               Total                          10,420.04    11,506.00     11,506.00       12,208.00                6.10%      11,837.00     11,837.00

A1230.0        TOTAL                         100,974.44   106,215.00    106,115.00      106,222.00                0.01%     105,851.00    105,851.00
294                                      PROCEEDINGS OF THE LEGISLATURE

      Schedule 1-A                                                              BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                                     ACTUAL        BUDGET        MODIFIED       REQUEST          TO         OFFICER'S     ADOPTED
                                                      2008          2009           2009           2010       ORIGINAL '09     REC.

      TREASURER

      A1325.         PERSONAL SERVICES
          1030       Treasurer                         58,862.00    60,628.00     60,628.00      60,628.00         0.00%      60,628.00    60,628.00
          1120       Deputy Treasurer                  44,964.00    46,538.00     46,538.00      46,538.00         0.00%      46,538.00    46,538.00
          1270       Senior Account Clerk Typist       31,434.76    32,411.00     32,411.00      32,411.00         0.00%      32,411.00    32,411.00
          1271       Senior Account Clerk Typist       28,350.98    29,507.00     29,507.00      29,507.00         0.00%      29,507.00    29,507.00

                     Total                            163,611.74   169,084.00    169,084.00     169,084.00         0.00%     169,084.00   169,084.00

      A1325.         EQUIPMENT
          2115       Computer Hardware                  2,473.42     2,700.00      2,700.00       1,000.00        -62.96%      1,000.00     1,000.00
          2119       Check Signer                         740.00         0.00          0.00           0.00          0.00%          0.00         0.00
          2160       Fax                                  215.00         0.00          0.00           0.00          0.00%          0.00         0.00

                     Total                              3,428.42     2,700.00      2,700.00       1,000.00        -62.96%      1,000.00     1,000.00

      A1325.         CONTRACTUAL EXPENSES
          4005       Audit Fees                        28,705.00    28,665.00     28,211.12      29,920.00         4.38%      29,920.00    29,920.00
          4011       Consultants                            0.00     5,000.00     15,000.00      14,000.00       180.00%      14,000.00    14,000.00
          4015       Cost Allocation                      517.00       517.00        517.00       1,839.00       255.71%       1,839.00     1,839.00
          4152       Conferences                          360.00       400.00        471.00         325.00       -18.75%         325.00       325.00
          4408       Equipment Maintenance/Repairs        288.00       500.00        351.97         500.00         0.00%         500.00       500.00
          4457       Computer Supplies                      0.00       200.00        200.00         200.00         0.00%         200.00       200.00
          4470       Office Supplies                    4,750.46     5,000.00      5,000.00       5,000.00         0.00%       5,000.00     5,000.00
          4507       Copier Charges                       733.40     1,000.00      1,000.00         750.00       -25.00%         750.00       750.00
          4515       Postage                            4,019.10     4,200.00      4,200.00       4,100.00        -2.38%       4,100.00     4,100.00
          4576       Comp. Software Maint. Agreem.     18,325.15    19,070.00     19,396.41      19,860.00         4.14%      19,860.00    19,860.00
          4654       Mileage                              386.78       350.00        600.00         400.00        14.29%         400.00       400.00
          4660       Travel Expenses                      546.19       900.00        854.50         725.00       -19.44%         725.00       725.00
          4682       Utilities: Telephone/Fax             720.87       800.00        800.00         720.00       -10.00%         720.00       720.00
          4907       Dues                                  50.00        50.00         50.00          50.00         0.00%          50.00        50.00
                                  PROCEEDINGS OF THE LEGISLATURE                                              295

Schedule 1-A                                                                 BUDGET AS       DEPARTMENT        REQUEST '10     BUDGET
                                               ACTUAL         BUDGET          MODIFIED         REQUEST             TO         OFFICER'S       ADOPTED
                                                2008           2009             2009             2010          ORIGINAL '09     REC.

A1325.         EMPLOYEE BENEFITS
    8100       FICA/Medicare                     11,951.34     12,935.00       12,935.00        12,935.00            0.00%      12,935.00      12,935.00
    8303       Medical Insurance CSEA            17,462.16     22,692.00       22,692.00        26,096.00           15.00%      24,101.00      24,101.00
    8305       Medical Insurance Non-Union       19,959.60     23,952.00       23,952.00        27,545.00           15.00%      25,660.00      25,660.00

               Total                             49,373.10     59,579.00       59,579.00        66,576.00           11.74%      62,696.00      62,696.00

A1325.0        TOTAL                            275,815.21    298,015.00      308,015.00       315,049.00            5.72%     311,169.00     311,169.00

REVENUE:       A1090 Interest and Penalties     380,631.94    380,000.00      380,000.00       380,000.00             0.00%    380,000.00     380,000.00
               A1233 - Treasurer's Fees          13,136.96     12,500.00       12,500.00        12,500.00             0.00%     12,500.00      12,500.00
               A2401 Interest & Earnings        335,310.29    375,000.00      375,000.00       100,000.00           -73.33%    100,000.00     100,000.00
               A2652 Sale of Forest Products        473.12          0.00            0.00             0.00             0.00%          0.00           0.00

               Total Revenue                    729,552.31    767,500.00      767,500.00       492,500.00           -35.83%    492,500.00     492,500.00

               Total Net County Cost           (453,737.10)   (469,485.00)    (459,485.00)     (177,451.00)         -62.20%    (181,331.00)   (181,331.00)

               Percent Revenue                    264.51%        257.54%         249.18%          156.32%           -39.30%       158.27%        158.27%
296                                  PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                      BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                               ACTUAL       BUDGET       MODIFIED       REQUEST          TO         OFFICER'S     ADOPTED
                                                2008          2009         2009           2010       ORIGINAL '09     REC.


      BUDGET OFFICER

      A1340.         PERSONAL SERVICES
         1575        Budget Officer              7,887.00    8,164.00      8,164.00       8,164.00          0.00%      8,164.00      8,164.00

                     Total                       7,887.00    8,164.00      8,164.00       8,164.00          0.00%      8,164.00      8,164.00

      A1340.         CONTRACTUAL EXPENSES
         4507        Copier Charge               1,181.90    1,300.00      1,300.00       1,300.00          0.00%      1,300.00      1,300.00

                     Total                       1,181.90    1,300.00      1,300.00       1,300.00          0.00%      1,300.00      1,300.00

      A1340.         EMPLOYEE BENEFITS
         8100        FICA/Medicare                596.63      625.00        625.00         625.00           0.00%        625.00       625.00

      A1340.0        TOTAL                       9,665.53   10,089.00     10,089.00      10,089.00          0.00%     10,089.00     10,089.00
                                    PROCEEDINGS OF THE LEGISLATURE                                        297
Schedule 1-A                                                                BUDGET AS     DEPARTMENT       REQUEST '10      BUDGET
                                                  ACTUAL       BUDGET        MODIFIED       REQUEST            TO          OFFICER'S      ADOPTED
                                                   2008         2009           2009           2010         ORIGINAL '09      REC.

REAL PROPERTY TAX SERVICE
A1355.      PERSONAL SERVICES
   1060     Director Real Property                 47,862.54    58,995.00     58,995.00       58,995.00           0.00%       58,995.00    58,995.00
   1271     Senior Account Clerk Typist            29,344.00    30,372.00     30,372.00       30,372.00           0.00%       30,372.00    30,372.00
   1520     Insurance Buyout CSEA                       0.00         0.00      2,024.00        2,024.00           0.00%        2,305.00     2,305.00
   1999     Tax Map Technician                     37,171.89    39,223.00     39,223.00       39,223.00           0.00%       39,223.00    39,223.00

               Total                              114,378.43   128,590.00    130,614.00      130,614.00           1.57%      130,895.00   130,895.00

A1355.         EQUIPMENT
   2115        Computer Hardware                    4,234.58     3,700.00      3,700.00        1,500.00          -59.46%       1,500.00     1,500.00

               Total                                4,234.58     3,700.00      3,700.00        1,500.00          -59.46%       1,500.00     1,500.00

A1355.         CONTRACTUAL EXPENSES
   4011        Consultants                          6,600.00       800.00        800.00            0.00         -100.00%           0.00         0.00
   4152        Conferences                            860.00       700.00        700.00          400.00          -42.86%         400.00       400.00
   4156        Training                             2,240.00     2,500.00      5,170.00        3,000.00           20.00%       3,000.00     3,000.00
   4407        Equipment Maintenance Agreements     6,256.89     7,800.00      7,800.00        1,100.00          -85.90%       1,100.00     1,100.00
   4408        Equipment Maintenance/Repairs            0.00       500.00        500.00        3,900.00          680.00%       3,900.00     3,900.00
   4426        Map Maintenance Agreements               0.00       500.00        500.00            0.00         -100.00%           0.00         0.00
   4430        Geo Database Conversion             49,610.00         0.00         90.00            0.00            0.00%           0.00         0.00
   4457        Computer Supplies                      104.30       500.00        500.00          500.00            0.00%         500.00       500.00
   4470        Office Supplies                      3,252.80     3,500.00      3,500.00        3,500.00            0.00%       3,500.00     3,500.00
   4507        Copier Charge                          423.25     1,200.00      1,200.00        1,200.00            0.00%       1,200.00       800.00
   4515        Postage                                111.25       500.00        500.00          300.00          -40.00%         300.00       300.00
   4516        Printing                               113.00       300.00        300.00          200.00          -33.33%         200.00       200.00
   4522        Shipments                                0.00        50.00         50.00           50.00            0.00%          50.00        50.00
   4571        Computer Software                    3,000.00     4,600.00      7,000.00        5,350.00           16.30%       5,350.00     5,350.00
   4575        Computer Software Maintenance            0.00         0.00          0.00        1,000.00         1000.00%       1,000.00     1,000.00
   4577        Computer Technical Assistance            0.00     1,000.00      1,000.00            0.00         -100.00%           0.00         0.00
   4653        Gasoline                                 0.00       500.00        500.00          300.00          -40.00%         300.00       300.00
   4654        Mileage                                890.21     1,200.00      1,200.00        1,200.00            0.00%       1,200.00     1,200.00
   4660        Travel Expenses                      1,710.58     3,200.00      3,200.00        3,200.00            0.00%       3,200.00     3,200.00
298                                          PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                                   BUDGET AS     DEPARTMENT      REQUEST '10     BUDGET
                                                           ACTUAL       BUDGET        MODIFIED       REQUEST           TO         OFFICER'S      ADOPTED
                                                            2008         2009           2009           2010        ORIGINAL '09     REC.

      CONTRACTUAL EXPENSES CONT.
         4682   Utilities: Telephone/Fax                       940.17     1,500.00      1,500.00        1,200.00        -20.00%       1,200.00     1,200.00
         4902   Assessment rolls & tax bills                     0.00         0.00      8,500.00            0.00          0.00%           0.00         0.00
         4907   Dues                                           145.00       450.00        450.00          450.00          0.00%         450.00       450.00
         4916   Publications                                 1,162.15       925.00        925.00          200.00        -78.38%         200.00       200.00
         4964   Leases: Record & Film Storage                   40.00        50.00         50.00           50.00          0.00%          50.00        50.00

                     Total                                  77,459.60    32,275.00     45,935.00       27,100.00        -16.03%      27,100.00    26,700.00

      A1355.         EMPLOYEE BENEFITS
          8100       FICA/Medicare                           8,615.73     9,838.00      9,838.00        9,992.00          1.57%      10,014.00    10,014.00
          8303       Medical Insurance CSEA                  7,376.58     8,873.00      6,849.00        7,877.00        -11.23%       4,483.00     4,483.00
          8305       Medical Insurance Non-Union             8,609.70    12,395.00     12,395.00       14,255.00         15.01%      13,277.00    13,277.00

                     Total                                  24,602.01    31,106.00     29,082.00       32,124.00          3.27%      27,774.00    27,774.00

      A1355.0        TOTAL                                 220,674.62   195,671.00    209,331.00      191,338.00         -2.21%     187,269.00   186,869.00

      REVENUE:       A1250 Fees (Maps)                      18,491.18    16,000.00     16,000.00       16,000.00          0.00%      16,000.00    18,000.00
                     A3040 State Aid - Real Property Tax     5,983.65       400.00        400.00            0.00       -100.00%           0.00         0.00
                     A3089 State Aid Other                   1,795.20       500.00        500.00          200.00        -60.00%         200.00       200.00

                     Total Revenue                          26,270.03    16,900.00     16,900.00       16,200.00         -4.14%      16,200.00    18,200.00

                     Total Net County Cost                 194,404.59   178,771.00    192,431.00      175,138.00         -2.03%     171,069.00   168,669.00

                     Percent Revenue                          11.90%         8.64%         8.07%           8.47%         -1.97%          8.65%        9.74%
                                       PROCEEDINGS OF THE LEGISLATURE                                            299
Schedule 1-A                                                                       BUDGET AS      DEPARTMENT       REQUEST '10     BUDGET
                                                       ACTUAL        BUDGET         MODIFIED        REQUEST            TO         OFFICER'S      ADOPTED
                                                        2008          2009            2009            2010         ORIGINAL '09     REC.


TAX ADVERTISING & EXPENSE

A1362.0        CONTRACTUAL EXPENSES
   4922        Tax Enforcement Expense                  13,516.58    15,000.00       15,000.00       15,000.00           0.00%      15,000.00     15,000.00

A1362.0        TOTAL                                    13,516.58    15,000.00       15,000.00       15,000.00           0.00%      15,000.00     15,000.00

REVENUE:       A1235 Tax Redemption Charges             17,704.00    20,000.00       20,000.00       20,000.00           0.00%      20,000.00     20,000.00

               Total Revenue                            17,704.00    20,000.00       20,000.00       20,000.00           0.00%      20,000.00     20,000.00

               Total Net County Cost                    (4,187.42)    (5,000.00)     (5,000.00)      (5,000.00)          0.00%      (5,000.00)    (5,000.00)

               Percent Revenue                           130.98%       133.33%        133.33%         133.33%            0.00%       133.33%         0.00%


TAX ACQUIRED PROPERTIES

A1364.0        CONTRACTUAL EXPENSES
   4501        Advertising                                 427.62       500.00         500.00          500.00             0.00%       500.00        500.00
   4677        Utilities: Electric                          32.31       800.00         800.00          100.00           -87.50%       100.00        100.00
   4897        Legal Obligations                       275,056.85         0.00           0.00            0.00             0.00%         0.00          0.00
   4918        Reforestation Land Taxes                    673.08       750.00         750.00          750.00             0.00%       750.00        750.00

A1364.0        TOTAL                                   276,189.86     2,050.00        2,050.00        1,350.00          -34.15%      1,350.00      1,350.00

REVENUE:       A1051 Sale of Tax-Acquired Properties    64,371.21    55,000.00       55,000.00       55,000.00           0.00%      55,000.00     55,000.00

               Total Revenue                            64,371.21    55,000.00       55,000.00       55,000.00           0.00%      55,000.00     55,000.00

               Total Net County Cost                   211,818.65    (52,950.00)    (52,950.00)     (53,650.00)          1.32%     (53,650.00)   (53,650.00)

               Percent Revenue                            23.31%      2682.93%       2682.93%        4074.07%           51.85%      4074.07%      4074.07%
300                                       PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                            BUDGET AS     DEPARTMENT     REQUEST '10      BUDGET
                                                    ACTUAL       BUDGET        MODIFIED       REQUEST          TO          OFFICER'S     ADOPTED
                                                     2008         2009           2009           2010       ORIGINAL '09      REC.

      COUNTY CLERK
      A1410.      PERSONAL SERVICES
         1005     County Clerk                       53,556.00    55,431.00     55,431.00      55,431.00          0.00%      55,431.00     55,431.00
         1110     Deputy Clerk                       32,959.00    34,113.00     34,113.00      34,113.00          0.00%      34,113.00     34,113.00
         1135     Motor Vehicle Supervisor           37,047.00    38,344.00     38,344.00      38,344.00          0.00%      38,344.00     38,344.00
         1235     Motor Vehicle Cashier              28,610.40    29,507.00     29,507.00      29,507.00          0.00%      29,507.00     29,507.00
         1236     Motor Vehicle Cashier              30,040.92    31,373.00     31,373.00      31,373.00          0.00%      31,373.00     31,373.00
         1250     Recording Clerk                    28,793.80    29,689.00     29,689.00      29,689.00          0.00%      29,689.00     29,689.00
         1251     Recording Clerk                    28,110.60    29,689.00     29,689.00      29,689.00          0.00%      29,689.00     29,689.00

                     Total                          239,117.72   248,146.00    248,146.00     248,146.00          0.00%     248,146.00    248,146.00

      A1410.         EQUIPMENT
         2115        Computer Hardware                5,292.32         0.00         0.00        1,600.00       1600.00%       1,600.00      1,600.00
         2160        Fax Machine                        229.00         0.00         0.00            0.00          0.00%           0.00          0.00
         2418        Date/Time Stamper                  504.07         0.00         0.00            0.00          0.00%           0.00          0.00
         2515        Security Equipment                   0.00         0.00       694.56            0.00          0.00%           0.00          0.00

                     Total                            6,025.39         0.00       694.56        1,600.00       1600.00%       1,600.00      1,600.00

      A1410.         CONTRACTUAL EXPENSES
         4002        Archival of Records             43,496.05    43,720.00     43,720.00      43,720.00           0.00%     43,720.00     43,720.00
         4408        Equipment Maintenance/Repair         0.00       100.00        100.00         100.00           0.00%        100.00        100.00
         4470        Office Supplies                  2,437.77     2,400.00      2,400.00       2,400.00           0.00%      2,400.00      2,400.00
         4471        Photographic Supplies              385.28       395.00        395.00         395.00           0.00%        395.00        395.00
         4507        Copier Charges                   2,156.00     2,300.00      2,300.00       1,800.00         -21.74%      1,800.00      1,800.00
         4515        Postage                          1,638.71     1,700.00      1,679.44       2,000.00          17.65%      2,000.00      2,000.00
         4516        Printing                           310.88       350.00        350.00         250.00         -28.57%        250.00        250.00
         4522        Shipments                        1,026.76     1,050.00      1,050.00       1,050.00           0.00%      1,050.00      1,050.00
         4653        Gasoline                            23.98        75.00         75.00          50.00         -33.33%         50.00         50.00
         4660        Travel Expenses                    960.93     1,100.00      1,100.00       1,000.00          -9.09%      1,000.00      1,000.00
         4682        Utilities: Telephone/Fax         1,249.12     1,250.00      1,250.00       1,250.00           0.00%      1,250.00      1,250.00
         4907        Dues                               150.00       150.00        150.00         150.00           0.00%        150.00        150.00
         4916        Publications                     1,053.62     1,075.00      1,075.00       1,140.00           6.05%      1,140.00      1,140.00
         4964        Leases: Record/Film Storage        607.55       625.00        625.00         650.00           4.00%        650.00        650.00

                     Total                           55,496.65    56,290.00     56,269.44      55,955.00          -0.60%     55,955.00     55,955.00
                                       PROCEEDINGS OF THE LEGISLATURE                                         301
Schedule 1-A                                                                 BUDGET AS       DEPARTMENT        REQUEST '10     BUDGET
                                               ACTUAL         BUDGET          MODIFIED         REQUEST             TO         OFFICER'S      ADOPTED
                                                2008           2009             2009             2010          ORIGINAL '09     REC.

A1410.         EMPLOYEE BENEFITS
   8100        FICA/Medicare                     17,335.07     18,984.00       18,984.00        18,984.00             0.00%     18,984.00      18,984.00
   8303        Medical Insurance CSEA            29,014.08     24,419.00       32,469.00        28,082.00            15.00%     38,314.00      38,314.00
   8305        Medical Insurance Non-Union       25,817.28     30,982.00       30,982.00        35,630.00            15.00%     33,191.00      33,191.00

               Total                             72,166.43     74,385.00       82,435.00        82,696.00            11.17%     90,489.00      90,489.00

A1410.0        TOTAL                            372,806.19    378,821.00      387,545.00       388,397.00             2.53%    396,190.00     396,190.00

REVENUE:       A1136 Automobile Use Tax         143,934.00    145,000.00      145,000.00       145,000.00             0.00%    145,000.00     145,000.00
               A1255 County Clerk's Fees        419,166.18    497,000.00      497,000.00       525,000.00             5.63%    525,000.00     525,000.00
               A2410 Rental                       3,000.00      3,000.00        3,000.00         3,000.00             0.00%      3,000.00       3,000.00
               A2545 Licenses & Permits           1,761.00      1,500.00        1,500.00         2,000.00            33.33%      2,000.00       2,000.00
               A3005 Mortgage Tax               229,131.80    240,000.00      240,000.00       240,000.00             0.00%    240,000.00     240,000.00

               Total Revenue                    796,992.98    886,500.00      886,500.00       915,000.00             3.21%    915,000.00     915,000.00

               Total Net County Cost           (424,186.79)   (507,679.00)    (498,955.00)     (526,603.00)           3.73%   (518,810.00)    (518,810.00)

               Percent Revenue                    213.78%        234.02%         228.75%          235.58%             0.67%      230.95%         230.95%
302                                        PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                                   BUDGET AS      DEPARTMENT     REQUEST '10     BUDGET
                                                           ACTUAL       BUDGET        MODIFIED        REQUEST          TO         OFFICER'S     ADOPTED
                                                            2008         2009           2009            2010       ORIGINAL '09     REC.

      COUNTY ATTORNEY

      A1420.         PERSONAL SERVICES
          1560       Assistant County Attorney (Pins/JD)    29,202.00    30,225.00      30,225.00      30,225.00         0.00%      30,225.00    30,225.00
          1590       County Attorney                        53,860.00    55,746.00      55,746.00      55,746.00         0.00%      55,746.00    55,746.00
          1644       Secretary to County Attorney           23,856.00    24,691.00      24,691.00      24,691.00         0.00%      24,691.00    24,691.00

                     Total                                 106,918.00   110,662.00     110,662.00     110,662.00         0.00%     110,662.00   110,662.00

      A1420.         EQUIPMENT
          2115       Computer Hardware                           0.00     1,350.00       1,350.00       1,350.00      1350.00%       1,350.00     1,350.00

                     Total                                       0.00     1,350.00       1,350.00       1,350.00      1350.00%       1,350.00     1,350.00


      A1420.         CONTRACTUAL EXPENSES
          4025       Legal Assistance                      223,955.18   100,000.00     100,000.00     100,000.00          0.00%     75,000.00    75,000.00
          4044       Stenographer Fees/Transcripts             330.00       200.00         200.00         200.00          0.00%        200.00       200.00
          4156       Training                                  350.00       500.00         500.00         500.00          0.00%        500.00       500.00
          4408       Equipment Maintenance/Repair                0.00       200.00         200.00         150.00        -25.00%        150.00       150.00
          4470       Office Supplies                           204.59       475.00         475.00         475.00          0.00%        475.00       400.00
          4507       Copier Charge                               0.00        20.00          20.00          20.00          0.00%         20.00        20.00
          4512       On Line Data Base                       1,103.42     1,140.00       1,140.00       1,145.00          0.44%      1,145.00     1,145.00
          4515       Postage                                   106.34       210.00         210.00         205.00         -2.38%        205.00       205.00
          4654       Mileage                                     0.00       100.00         100.00          80.00        -20.00%         80.00        80.00
          4660       Travel Expenses                             0.00        40.00          40.00          30.00        -25.00%         30.00        30.00
          4682       Utilities: Telephone/Fax                  206.35       300.00         300.00         300.00          0.00%        300.00       300.00
          4755       Witness Fees                              229.40       450.00         350.00         450.00          0.00%        450.00       450.00
          4907       Dues                                      284.00       640.00         609.00         650.00          1.56%        650.00       650.00
          4916       Publications                              413.84       315.00         446.00         450.00         42.86%        450.00       450.00

                     Total                                 227,183.12   104,590.00     104,590.00     104,655.00         0.06%      79,655.00    79,580.00

      A1420.         EMPLOYEE BENEFITS
          8100       FICA/Medicare                           8,085.52     8,466.00       8,466.00       8,466.00         0.00%       8,466.00     8,466.00
          8305       Medical Insurance Non-Union             8,678.16    10,414.00      10,414.00      11,979.00        15.03%      11,157.00    11,157.00

                     Total                                  16,763.68    18,880.00      18,880.00      20,445.00         8.29%      19,623.00    19,623.00

      A1420.0        TOTAL                                 350,864.80   235,482.00     235,482.00     237,112.00         0.69%     211,290.00   211,215.00
                                     PROCEEDINGS OF THE LEGISLATURE                                    303
Schedule 1-A                                                           BUDGET AS     DEPARTMENT     REQUEST '10       BUDGET
                                               ACTUAL      BUDGET       MODIFIED       REQUEST          TO           OFFICER'S     ADOPTED
                                                2008        2009          2009           2010       ORIGINAL '09       REC.

PERSONNEL
A1430.         PERSONAL SERVICES
   1080        Personnel Officer               51,750.00   53,562.00     53,562.00      53,562.00          0.00%       53,562.00    53,562.00
   1140        Personnel Assistant             36,364.11   30,533.00     30,533.00      30,533.00          0.00%       30,533.00    30,533.00
   1615        Examination Monitor                160.00      300.00        300.00         300.00          0.00%          300.00       300.00
   1630        Insurance Manager                1,123.20        0.00     13,847.00      20,000.00      20000.00%       20,000.00    20,000.00
   1660        Insurance Buyout Non Union           0.00        0.00        650.00       1,070.00       1070.00%        1,002.00     1,002.00

               Total                           89,397.31   84,395.00     98,892.00     105,465.00         24.97%      105,397.00   105,397.00

A1430.         EQUIPMENT
   2115        Computer Hardware                    0.00        0.00          0.00       1,950.00       1950.00%        1,950.00     1,950.00

               Total                                0.00        0.00          0.00       1,950.00       1950.00%        1,950.00     1,950.00

A1430.         CONTRACTUAL EXPENSES
   4011        Consultants                          0.00    6,500.00      6,500.00       6,500.00          0.00%            0.00     4,000.00
   4019        EAP                              4,320.00    4,320.00      4,320.00       4,320.00          0.00%            0.00         0.00
   4022        FSA Admin. Chg                   6,088.50    6,500.00      6,500.00       6,800.00          4.62%        6,800.00     6,800.00
   4034        Physicals                        1,242.71    1,500.00      1,150.00       1,500.00          0.00%        1,500.00     1,500.00
   4152        Conference                          50.00      200.00        150.00         200.00          0.00%          200.00       200.00
   4156        Training                           374.00      500.00        500.00       1,000.00        100.00%        1,000.00     1,000.00
   4408        Equipment Maintenance/Repairs        0.00      250.00        245.00         250.00          0.00%          250.00       250.00
   4457        Computer Supplies                    0.00      200.00        200.00         200.00          0.00%          200.00       200.00
   4460        Drug Testing                       815.00      950.00        950.00         950.00          0.00%          950.00       950.00
   4470        Office Supplies                    527.84      225.00        225.00         250.00         11.11%          250.00       250.00
   4501        Advertising                      7,000.13   10,000.00     10,000.00      10,000.00          0.00%       10,000.00    10,000.00
   4507        Copier Charge                      550.95    1,000.00      1,000.00       1,000.00          0.00%        1,000.00     1,000.00
   4515        Postage                            866.21    1,000.00      1,000.00       1,000.00          0.00%        1,000.00     1,000.00
   4516        Printing                           695.62    1,000.00      1,055.00         900.00        -10.00%          900.00       900.00
   4575        Computer Software Maint.         2,531.18    2,644.00      2,649.00       2,789.00          5.48%        2,789.00     2,789.00
   4653        Gasoline                             0.00      100.00        100.00         100.00          0.00%          100.00       100.00
   4654        Mileage                            305.97      300.00        940.00         900.00        200.00%          900.00       900.00
   4660        Travel Expenses                     70.50      700.00        700.00       1,500.00        114.29%        1,500.00     1,500.00
   4682        Utilities: Telephone/Fax           466.77      550.00        550.00         550.00          0.00%          550.00       550.00
   4903        Awards                             936.00      550.00        550.00       1,400.00        154.55%        1,400.00     1,400.00
   4907        Dues                               155.00      155.00        155.00         700.00        351.61%          700.00       700.00
   4916        Publications                        92.00      100.00        102.00         200.00        100.00%          200.00       200.00
   4920        State Fees                       1,791.00    2,000.00      1,758.00       2,000.00          0.00%        2,000.00     2,000.00

               Total                           28,879.38   41,244.00     41,299.00      45,009.00            9.13%     34,189.00    38,189.00
304                                          PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                             BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                                     ACTUAL       BUDGET        MODIFIED       REQUEST          TO         OFFICER'S     ADOPTED
                                                      2008         2009           2009           2010       ORIGINAL '09     REC.

      A1430.         EMPLOYEE BENEFITS
          8100       FICA/Medicare                     6,513.04     6,457.00      7,517.00       8,069.00         24.97%      8,063.00     8,063.00
          8305       Medical Insurance Non-Union      17,376.29    24,213.00     24,213.00      27,845.00         15.00%     27,398.00    27,398.00

                     Total                            23,889.33    30,670.00     31,730.00      35,914.00         17.10%     35,461.00    35,461.00

      A1430.0        TOTAL                           142,166.02   156,309.00    171,921.00     188,338.00         20.49%    176,997.00   180,997.00

      REVENUE:       A1260 Fees                        4,050.00     3,000.00      3,000.00       3,500.00         16.67%      3,500.00     3,500.00

                     Total Revenue                     4,050.00     3,000.00      3,000.00       3,500.00         16.67%      3,500.00     3,500.00

                     Total Net County Cost           138,116.02   153,309.00    168,921.00     184,838.00         20.57%    173,497.00   177,497.00

                     Percent Revenue                      2.85%        1.92%         1.74%          1.86%         -3.17%         1.98%        1.93%
                                       PROCEEDINGS OF THE LEGISLATURE                                    305
Schedule 1-A                                                              BUDGET AS     DEPARTMENT     REQUEST '10      BUDGET
                                                ACTUAL       BUDGET        MODIFIED       REQUEST          TO          OFFICER'S     ADOPTED
                                                 2008         2009           2009           2010       ORIGINAL '09      REC.

BOARD OF ELECTIONS
A1450.      PERSONAL SERVICES
    1050    Commissioner (Elections)             32,860.00    34,011.00     34,011.00      34,011.00           0.00%     34,011.00    34,011.00
    1051    Commissioner (Elections)             32,860.00    34,011.00     34,011.00      34,011.00           0.00%     34,011.00    34,011.00
    1595    Deputy Election Commissioners        32,844.85    31,639.00     31,639.00      31,639.00           0.00%     31,639.00    31,639.00
    1596    Election Workers                     39,721.02    50,010.00     50,010.00      54,940.00           9.86%     54,940.00    54,940.00
    1597    Elections Operations Assistant        9,972.50    10,780.00     10,780.00      10,780.00           0.00%     10,780.00    10,780.00
    1660    Insurance Buyout Non-Union              948.48     1,794.00      1,794.00       1,794.00           0.00%      2,305.00     2,305.00

               Total                            149,206.85   162,245.00    162,245.00     167,175.00           3.04%    167,686.00   167,686.00

A1450.         EQUIPMENT
    2110       Chairs                               278.00         0.00          0.00           0.00          0.00%           0.00         0.00
    2111       Desk                               1,269.77         0.00          0.00           0.00          0.00%           0.00         0.00
    2112       Voting Machines                   28,418.57         0.00     26,600.00           0.00          0.00%           0.00         0.00
    2115       Computer Hardware                  1,268.39     3,000.00      3,000.00       1,100.00        -63.33%       1,100.00     1,100.00
    2140       File Cabinet                         288.64         0.00          0.00           0.00          0.00%           0.00         0.00
    2170       Document scanner                     674.99     1,350.00      1,350.00           0.00       -100.00%           0.00         0.00
    2173       Telephone                            265.00         0.00          0.00           0.00          0.00%           0.00         0.00
    2431       Time clock                           349.00         0.00          0.00           0.00          0.00%           0.00         0.00
    2925       Grant Equipment                    5,919.00         0.00          0.00           0.00          0.00%           0.00         0.00

               Total                             38,731.36     4,350.00     30,950.00       1,100.00        -74.71%       1,100.00     1,100.00

A1450.         CONTRACTUAL EXPENSES
    4060       Election Inspectors                1,805.94         0.00          0.00           0.00         0.00%            0.00         0.00
    4152       Conferences                          120.00       190.00        190.00         190.00         0.00%          190.00       190.00
    4156       Training                             501.98     2,000.00      1,936.36       9,700.00       385.00%        2,000.00     2,000.00
    4408       Equipment Maintenance/Repair         107.11         0.00          0.00         250.00         0.00%          250.00       250.00
    4434       Voting Machine Storage             3,386.15         0.00          0.00           0.00         0.00%            0.00         0.00
    4457       Computer Supplies                      0.00       250.00        263.87         250.00         0.00%          250.00       250.00
    4461       Election Supplies                 12,311.86    17,000.00     17,000.00      26,900.00        58.24%       12,000.00    26,900.00
    4470       Office Supplies                    1,000.25     1,000.00      1,000.00       1,000.00         0.00%        1,000.00     1,000.00
    4481       Training Supplies                    322.02       400.00        386.13         400.00         0.00%          400.00       400.00
    4484       Voting Machine Supplies                0.00     2,080.00      2,080.00       2,950.00        41.83%        2,000.00     2,000.00
    4501       Advertising                        1,025.67     3,400.00      3,400.00       2,400.00       -29.41%        2,400.00     2,400.00
    4507       Copier Charges                       294.95       200.00        200.00         300.00        50.00%          200.00       200.00
    4515       Postage                            5,925.13     8,300.00      8,300.00       8,600.00         3.61%        7,000.00     7,000.00
    4516       Printing                           2,746.80     3,000.00      4,600.00       3,000.00         0.00%        3,000.00     3,000.00
    4522       Shipments                              4.72         0.00          0.00           0.00         0.00%            0.00         0.00
    4571       Computer Software                      0.00         0.00          0.00       7,000.00      7000.00%        7,000.00     7,000.00
    4576       Comp. Software Maintenance        12,527.50    12,528.00     12,528.00      17,866.00        42.61%       17,866.00    17,866.00
    4577       Computer Technical Assistance          0.00         0.00          0.00       5,550.00      5550.00%        5,550.00     5,550.00
306                                          PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                                BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                                       ACTUAL        BUDGET        MODIFIED       REQUEST          TO         OFFICER'S     ADOPTED
                                                        2008          2009           2009           2010       ORIGINAL '09     REC.

      CONTRACTUAL EXPENSES CON'T
         4653    Gasoline                                   411.06       800.00        800.00         800.00         0.00%         500.00       500.00
         4654    Mileage                                    935.49       900.00        900.00         900.00         0.00%         600.00       600.00
         4659    Transportation                             770.00         0.00          0.00           0.00         0.00%           0.00         0.00
         4660    Travel Expenses                          2,506.47     1,700.00      1,763.64       2,800.00        64.71%       1,700.00     1,700.00
         4665    Mileage: Election Workers                  536.42         0.00          0.00           0.00         0.00%           0.00         0.00
         4676    Utilities: Cellular Service                 27.39       200.00        200.00         200.00         0.00%         200.00       200.00
         4682    Utilities: Telephone/Fax                   591.08       700.00        700.00         700.00         0.00%         700.00       700.00
         4907    Dues                                       140.00       140.00        140.00         140.00         0.00%         140.00       140.00
         4916    Publications                                50.00        90.00         90.00          90.00         0.00%          90.00        90.00
         4990    Grant Contractual                            0.00     5,984.00      4,384.00           0.00         0.00%           0.00         0.00

                     Total                               48,047.99    60,862.00     60,862.00      91,986.00        51.14%      65,036.00    79,936.00

      A1450.         EMPLOYEE BENEFITS
          8100       FICA/Medicare                        8,426.51    12,412.00     12,412.00      12,789.00         3.04%      12,828.00    12,828.00
          8305       Medical Insurance Non-Union         10,824.60    11,976.00     11,976.00      13,773.00        15.01%       5,010.00     5,010.00

                     Total                               19,251.11    24,388.00     24,388.00      26,562.00         8.91%      17,838.00    17,838.00

      A1450.0        TOTAL                              255,237.31   251,845.00    278,445.00     286,823.00        13.89%     251,660.00   266,560.00

      REVENUE:       A1289 Election Fees                    319.02     1,000.00      1,000.00       1,000.00          0.00%      1,000.00     1,000.00
                     A2210 Other Governments            189,607.86   189,608.00    189,608.00     246,920.00         30.23%    246,920.00   246,920.00
                     A4089 Federal Aid Other              7,997.75     5,984.00      5,984.00           0.00       -100.00%          0.00         0.00

                     Total Revenue                      197,924.63   196,592.00    196,592.00     247,920.00        26.11%     247,920.00   247,920.00

                     Total Net County Cost               57,312.68    55,253.00     81,853.00      38,903.00        -29.59%      3,740.00    18,640.00

                     Percent Revenue                       77.55%       78.06%        70.60%         86.44%         10.73%        98.51%       93.01%
                                        PROCEEDINGS OF THE LEGISLATURE                                     307
Schedule 1-A                                                             BUDGET AS     DEPARTMENT     REQUEST '10      BUDGET
                                                 ACTUAL      BUDGET       MODIFIED       REQUEST          TO          OFFICER'S     ADOPTED
                                                  2008         2009         2009           2010       ORIGINAL '09      REC.
RECORDS MANAGEMENT
A1460.     PERSONAL SERVICES
   1255    Records Retention Clerk               26,941.46   27,771.00     27,771.00      27,771.00          0.00%      27,771.00    27,771.00
   1509    Comp Time Buyout CSEA                    446.99        0.00        396.63           0.00          0.00%           0.00         0.00

               Total                             27,388.45   27,771.00     28,167.63      27,771.00          0.00%      27,771.00    27,771.00

A1460.         EQUIPMENT
   2110        Chair                                  0.00        0.00        219.00           0.00          0.00%           0.00         0.00
   2113        Table                                  0.00        0.00        140.00           0.00          0.00%           0.00         0.00
   2115        Computer Hardware                  3,175.67    2,500.00      2,103.37      11,250.00        350.00%           0.00         0.00
   2172        Map Files                              0.00        0.00          0.00           0.00          0.00%           0.00         0.00
   2609        Shelving                           2,673.00        0.00          0.00           0.00          0.00%           0.00         0.00

               Total                              5,848.67    2,500.00      2,462.37      11,250.00        350.00%           0.00         0.00

A1460.         CONTRACTUAL EXPENSES
   4002        Archival of Records                1,319.92    1,500.00        626.67       2,000.00          33.33%      2,000.00     2,000.00
   4152        Conferences                          129.00      100.00        100.00         100.00           0.00%        100.00       100.00
   4408        Equipment Maintenance/Repairs          0.00      500.00        500.00         500.00           0.00%        500.00       500.00
   4451        Archival Supplies                  1,317.76    1,500.00      1,500.00       1,500.00           0.00%      1,500.00     1,500.00
   4457        Computer Supplies                      0.00      200.00        200.00         200.00           0.00%        200.00       200.00
   4470        Office Supplies                      332.46      200.00        400.00         200.00           0.00%        200.00       200.00
   4507        Copier Charge                          7.10      150.00        150.00         150.00           0.00%        150.00       150.00
   4571        Computer Software                    643.00      500.00        500.00       5,000.00         900.00%      5,000.00     5,000.00
   4575        Computer Software Maintenance      3,192.00    3,600.00      3,600.00       5,100.00          41.67%      5,100.00     5,100.00
   4653        Gasoline                               0.00      100.00        100.00           0.00        -100.00%          0.00         0.00
   4654        Mileage                                0.00      100.00        100.00           0.00        -100.00%          0.00         0.00
   4660        Travel Expenses                        0.00      200.00          0.00           0.00        -100.00%          0.00         0.00
   4682        Utilities: Telephone/Fax              48.00       50.00         50.00          50.00           0.00%         50.00        50.00
   4907        Dues                                  50.00      100.00        100.00         100.00           0.00%        100.00       100.00
   4916        Publications                           0.00      100.00        100.00         100.00           0.00%        100.00       100.00
   4917        Rec Mgt Technician (Contract)     10,500.00   10,500.00     10,500.00      10,500.00           0.00%     10,500.00    10,500.00
   4964        Leases: Records/Film Storage         717.80      800.00      1,505.00       2,106.00         163.25%      2,106.00     2,106.00

               Total                             18,257.04   20,200.00     20,031.67      27,606.00         36.66%      27,606.00    27,606.00

A1460.         EMPLOYEE BENEFITS
    8100       FICA/Medicare                      2,014.28    2,125.00      2,125.00       2,125.00          0.00%       2,125.00     2,125.00
    8303       Medical Insurance CSEA             9,454.44   11,346.00     11,346.00      13,048.00         15.00%      12,155.00    12,155.00

               Total                             11,468.72   13,471.00     13,471.00      15,173.00         12.63%      14,280.00    14,280.00

A1460.0        TOTAL                             62,962.88   63,942.00     64,132.67      81,800.00         27.93%      69,657.00    69,657.00
308                                         PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                                       BUDGET AS      DEPARTMENT      REQUEST '10      BUDGET
                                                               ACTUAL       BUDGET        MODIFIED        REQUEST           TO          OFFICER'S    ADOPTED
                                                                2008         2009           2009            2010        ORIGINAL '09      REC.
      SHARED SERVICES BUILDINGS
      COUNTY OFFICE BUILDING
      A1620.       EQUIPMENT
         2600      Extractor Carpet Cleaning System                  0.00     2,000.00       2,000.00            0.00        -100.00%         0.00         0.00
         2611      Lawn tractor/accessories                      6,365.98         0.00           0.00            0.00           0.00%         0.00         0.00

                     Total                                       6,365.98     2,000.00       2,000.00            0.00        -100.00%         0.00         0.00

      A1620.         CONTRACTUAL EXPENSES
         4404        Building Maintenance                            0.00         0.00       2,758.53            0.00          0.00%          0.00         0.00
         4414        Maintenance Contract - HVAC                 1,927.01     2,000.00       3,950.00        2,000.00          0.00%      2,000.00     2,000.00
         4415        Maintenance Contract - Yard/Tree            1,830.46       500.00       1,300.00          500.00          0.00%        500.00       500.00
         4416        Maintenance Contract - Parking Lot            308.97       600.00         600.00          600.00          0.00%        600.00       600.00
         4417        Maintenance Contract - Fire/Sprinkler       5,772.97     5,500.00       5,500.00        5,500.00          0.00%      5,500.00     5,500.00
         4418        Maintenance Contract - Elevators            4,340.00     4,100.00       4,580.90        4,500.00          9.76%      4,500.00     4,500.00
         4419        Yard Equipment Maintenance                     11.04       350.00         350.00          300.00        -14.29%        300.00       300.00
         4420        Cleaning Contract: Window                   1,769.50     1,400.00       1,400.00        1,975.00         41.07%      1,975.00     1,975.00
         4421        Cleaning Contract: Carpet/Entrance Mats     1,019.97     1,200.00       1,650.00          300.00        -75.00%        300.00       300.00
         4422        Building Equipment Maintenance              1,621.49     1,500.00       2,927.08        1,500.00          0.00%      1,500.00     1,500.00
         4423        Buildings & Grounds Parts                     910.48     1,000.00       1,000.00        1,000.00          0.00%      1,000.00     1,000.00
         4453        Supplies: Buildings & Grounds               8,569.48     5,500.00       7,000.00        5,500.00          0.00%      5,500.00     5,500.00
         4464        Supplies: Janitorial                        5,487.36     5,500.00       5,600.00        5,500.00          0.00%      5,500.00     5,500.00
         4474        Safety Supplies                                 0.00         0.00           0.00          500.00        500.00%        500.00       500.00
         4507        Copier Charge                                 159.85       150.00         150.00          150.00          0.00%        150.00       150.00
         4511        Motors                                          0.00       500.00         500.00          500.00          0.00%        500.00       500.00
         4521        Trash Removal                               1,498.02     1,600.00       1,600.00        1,700.00          6.25%      1,700.00     1,700.00
         4616        Hand Tools                                    235.27       250.00         250.00          200.00        -20.00%        200.00       200.00
         4653        Gasoline                                    1,542.37     1,700.00       1,600.00        1,300.00        -23.53%      1,300.00     1,300.00
         4654        Mileage                                       217.54       275.00         275.00          250.00         -9.09%        250.00       250.00
         4661        Vehicle Parts/Maintenance/Repairs           1,590.64       800.00         800.00          800.00          0.00%        800.00       800.00
         4676        Utilities: Cellular Services                  342.62       350.00         350.00          350.00          0.00%        350.00       350.00
         4677        Utilities: Electric                        37,002.61    39,500.00      39,500.00       38,000.00         -3.80%     38,000.00    38,000.00
         4678        Utilities: Gas                             27,834.00    42,000.00      41,469.10       30,000.00        -28.57%     30,000.00    28,000.00
         4682        Utilities: Telephone/Fax                      377.10       500.00         500.00          350.00        -30.00%        350.00       350.00
         4684        Utilities: Water/Sewer                      4,874.38     5,400.00       5,400.00        5,400.00          0.00%      5,400.00     5,400.00

                     Total                                     109,243.13   122,175.00     131,010.61      108,675.00         -11.05%   108,675.00   106,675.00

      A1620.0        TOTAL                                     115,609.11   124,175.00     133,010.61      108,675.00         -12.48%   108,675.00   106,675.00
                                       PROCEEDINGS OF THE LEGISLATURE                                309
Schedule 1-A                                                                   BUDGET AS      DEPARTMENT     REQUEST '10     BUDGET
                                                    ACTUAL        BUDGET        MODIFIED        REQUEST          TO         OFFICER'S    ADOPTED
                                                     2008          2009           2009            2010       ORIGINAL '09     REC.

REVENUE:       A1710 Public Works                      3,164.61     1,600.00       1,600.00       2,000.00         25.00%     2,000.00    2,000.00
               A2412 YTASC Rent                        8,000.00     8,000.00       8,000.00       8,000.00          0.00%     8,000.00    8,000.00
               A2416 Auditorium Fees                     160.00         0.00           0.00           0.00          0.00%         0.00        0.00

               Total Revenue                          11,324.61     9,600.00       9,600.00      10,000.00          4.17%    10,000.00   10,000.00

               Total Net County Cost                 104,284.50   114,575.00     123,410.61      98,675.00        -13.88%    98,675.00   96,675.00

               Percent Revenue                            9.80%        7.73%          7.22%         9.20%          19.02%       9.20%       9.37%
310                                         PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                                       BUDGET AS      DEPARTMENT      REQUEST '10      BUDGET
                                                               ACTUAL       BUDGET        MODIFIED        REQUEST           TO          OFFICER'S    ADOPTED
                                                                2008         2009           2009            2010        ORIGINAL '09      REC.

      PUBLIC SAFETY BUILDING
      A1621.       PERSONAL SERVICES
         1580      Cleaner PT                                    8,661.08    11,569.00      11,569.00       11,569.00          0.00%     11,569.00    11,569.00

                     Total                                       8,661.08    11,569.00      11,569.00       11,569.00          0.00%     11,569.00    11,569.00

      A1621.         EQUIPMENT
         2600        Extractor Carpet Cleaning System                0.00      500.00         500.00             0.00        -100.00%         0.00         0.00

                     Total                                           0.00      500.00         500.00             0.00        -100.00%         0.00         0.00

      A1621.         CONTRACTUAL EXPENSES
         4414        Maintenance Contract - HVAC                 2,624.21     2,500.00       2,350.00        2,500.00          0.00%      2,500.00     2,500.00
         4415        Maintenance Contract - Yard/Tree            1,698.66       500.00         500.00          500.00          0.00%        500.00       500.00
         4416        Maintenance Contract - Parking Lot            308.98       600.00         600.00          600.00          0.00%        600.00       600.00
         4419        Yard Equipment Maintenance                     11.04       200.00         200.00          200.00          0.00%        200.00       200.00
         4421        Cleaning Contract: Carpet/Entrance Mats       807.85     1,000.00       1,000.00          300.00        -70.00%        300.00       300.00
         4422        Building Equipment Maintenance              2,873.35     3,000.00       3,000.00        3,000.00          0.00%      3,000.00     3,000.00
         4423        Buildings & Grounds Parts                   2,036.49     2,500.00       2,500.00        2,500.00          0.00%      2,500.00     2,500.00
         4453        Supplies: Buildings & Grounds               4,959.40     4,000.00       4,200.00        4,000.00          0.00%      4,000.00     4,000.00
         4464        Supplies: Janitorial                        5,535.56     5,500.00       5,500.00        5,500.00          0.00%      5,500.00     5,500.00
         4474        Safety Supplies                                 0.00         0.00           0.00          500.00        500.00%        500.00       500.00
         4511        Motors                                          0.00     1,000.00       1,000.00        1,000.00          0.00%      1,000.00     1,000.00
         4521        Trash Removal                               1,974.24     2,200.00       2,200.00        2,500.00         13.64%      2,500.00     2,500.00
         4616        Hand Tools                                    228.39       250.00         250.00          200.00        -20.00%        200.00       200.00
         4677        Utilities: Electric                        27,088.44    31,000.00      31,000.00       29,000.00         -6.45%     29,000.00    29,000.00
         4678        Utilities: Gas                             18,191.19    25,000.00      26,100.00       18,000.00        -28.00%     18,000.00    18,000.00
         4684        Utilities: Water/Sewer                     22,185.90    22,500.00      22,500.00       23,000.00          2.22%     23,000.00    23,000.00

                     Total                                      90,523.70   101,750.00     102,900.00       93,300.00          -8.30%    93,300.00    93,300.00

      A1621.         EMPLOYEE BENEFITS
         8100        FICA/Medicare                                662.53       886.00         886.00          886.00           0.00%       886.00       886.00

                     Total                                        662.53       886.00         886.00          886.00           0.00%       886.00       886.00

      A1621.0        TOTAL                                      99,847.31   114,705.00     115,855.00      105,755.00          -7.80%   105,755.00   105,755.00
                                       PROCEEDINGS OF THE LEGISLATURE                                        311
Schedule 1-A                                                                       BUDGET AS      DEPARTMENT       REQUEST '10     BUDGET
                                                         ACTUAL       BUDGET        MODIFIED        REQUEST            TO         OFFICER'S    ADOPTED
                                                          2008         2009           2009            2010         ORIGINAL '09     REC.
COURTHOUSE
A1623.     PERSONAL SERVICES
   1166    Cleaner                                        27,792.96    28,648.00      28,648.00       28,648.00           0.00%    28,648.00    28,648.00
   1510    Clothing allowance CSEA                           200.00       200.00         200.00          200.00           0.00%       200.00       200.00

               Total                                      27,992.96    28,848.00      28,848.00       28,848.00           0.00%    28,848.00    28,848.00

A1623.         EQUIPMENT
   2515        Security Equipment                              0.00         0.00           0.00       50,000.00       50000.00%    50,000.00    50,000.00
   2600        Extractor Carpet Cleaning System                0.00     2,500.00       2,500.00            0.00        -100.00%         0.00         0.00

               Total                                           0.00     2,500.00       2,500.00       50,000.00       50000.00%    50,000.00    50,000.00

A1623.         CONTRACTUAL EXPENSES
   4414        Maintenance Contract - HVAC                 1,876.06     1,200.00         700.00        1,200.00           0.00%     1,200.00     1,200.00
   4415        Maintenance Contract - Yard/Tree            1,589.12       500.00       1,300.00          500.00           0.00%       500.00       500.00
   4416        Maintenance Contract - Parking Lot            309.00       600.00         600.00          600.00           0.00%       600.00       600.00
   4417        Maintenance Contract-Fire/Sprinkler         7,117.20     4,200.00       4,200.00        4,200.00           0.00%     4,200.00     4,200.00
   4418        Maintenance Contract - Elevators            6,240.00     6,100.00       6,100.00        6,500.00           6.56%     6,500.00     6,500.00
   4419        Yard Equipment Maintenance                     11.05       300.00         300.00          300.00           0.00%       300.00       300.00
   4420        Cleaning Contract: Windows                  1,902.50     2,750.00       2,750.00        1,875.00         -31.82%     1,875.00     1,875.00
   4421        Cleaning Contract: Carpet/Entrance Mats     1,130.97     1,400.00       1,900.00          300.00         -78.57%       300.00       300.00
   4422        Building Equipment Maintenance              5,305.62     3,000.00       9,627.09        3,000.00           0.00%     3,000.00     3,000.00
   4423        Buildings & Grounds Parts                   1,507.41     1,000.00       1,000.00        1,000.00           0.00%     1,000.00     1,000.00
   4453        Supplies: Buildings & Grounds               3,732.12     4,500.00       4,500.00        4,500.00           0.00%     4,500.00     4,500.00
   4464        Supplies: Janitorial                        2,910.58     3,000.00       3,000.00        3,000.00           0.00%     3,000.00     3,000.00
   4474        Safety Supplies                                 0.00         0.00           0.00          500.00         500.00%       500.00       500.00
   4511        Motors                                          0.00     1,000.00       1,000.00        1,000.00           0.00%     1,000.00     1,000.00
   4616        Hand Tools                                    288.61       250.00         250.00          200.00         -20.00%       200.00       200.00
   4677        Utilities: Electric                        15,917.74    20,500.00      20,500.00       20,000.00          -2.44%    20,000.00    20,000.00
   4678        Utilities: Gas                             18,635.76    29,400.00      29,400.00       21,000.00         -28.57%    21,000.00    21,000.00
   4684        Utilities: Water/Sewer                      2,372.12     2,300.00       2,300.00        2,800.00          21.74%     2,800.00     2,800.00

               Total                                      70,845.86    82,000.00      89,427.09       72,475.00         -11.62%    72,475.00    72,475.00

A1623.         EMPLOYEE BENEFITS
    8100       FICA/Medicare                               1,971.97     2,207.00       2,207.00        2,207.00           0.00%     2,207.00     2,207.00
    8303       Medical Insurance - CSEA                   10,893.12    13,073.00      13,073.00       15,034.00          15.00%    14,005.00    14,005.00

               Total                                      12,865.09    15,280.00      15,280.00       17,241.00          12.83%    16,212.00    16,212.00

A1623.0        TOTAL                                     111,703.91   128,628.00     136,055.09      168,564.00          31.05%   167,535.00   167,535.00
312                                          PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                                 BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                                         ACTUAL        BUDGET       MODIFIED       REQUEST          TO         OFFICER'S    ADOPTED
                                                          2008          2009          2009           2010       ORIGINAL '09     REC.

      REVENUE:       A3022 Court Facilities Aid            82,663.59   86,500.00     86,500.00      95,125.00          9.97%    95,125.00   95,125.00

                     Total Revenue                         82,663.59   86,500.00     86,500.00      95,125.00          9.97%    95,125.00   95,125.00

                     Total Net County Cost                 29,040.32   42,128.00     49,555.09      73,439.00         74.32%    72,410.00   72,410.00

                     Percent Revenue                         74.00%      67.25%        63.58%         56.43%         -16.08%      56.78%      56.78%
                            PROCEEDINGS OF THE LEGISLATURE                             313
Schedule 1-A                                                     BUDGET AS    DEPARTMENT     REQUEST '10     BUDGET
                                        ACTUAL        BUDGET      MODIFIED      REQUEST          TO         OFFICER'S   ADOPTED
                                         2008          2009         2009          2010       ORIGINAL '09     REC.
HIGHWAY/BENTON CENTER
A1624.      CONTRACTUAL EXPENSES
   4425     Building Expense              13,954.43       0.00         0.00          0.00           0.00%        0.00       0.00

               Total                      13,954.43       0.00         0.00          0.00           0.00%        0.00       0.00

A1624.0        TOTAL                      13,954.43       0.00         0.00          0.00           0.00%        0.00       0.00
314                                        PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                                 BUDGET AS      DEPARTMENT      REQUEST '10     BUDGET
                                                        ACTUAL        BUDGET        MODIFIED        REQUEST           TO         OFFICER'S    ADOPTED
                                                         2008          2009           2009            2010        ORIGINAL '09     REC.
      BUILDINGS AND GROUNDS
      A1625.       PERSONAL SERVICES
         1040      Building Maintenance Supervisor        57,272.00    59,277.00      59,277.00       59,277.00          0.00%    59,277.00    59,277.00
         1160      Building Maintenance Mechanic          35,859.04    37,188.00      37,188.00       37,188.00          0.00%    37,188.00    37,188.00
         1161      Building Maintenance Mechanic          35,317.60    37,182.00      37,182.00       37,182.00          0.00%    37,182.00    37,182.00
         1162      Building Maintenance Mechanic          35,317.60    36,415.00      36,415.00       36,415.00          0.00%    36,415.00    36,415.00
         1165      Cleaner                                26,907.20    28,298.00      28,298.00       28,298.00          0.00%    28,298.00    28,298.00
         1166      Cleaner                                27,766.44    28,648.00      28,648.00       28,648.00          0.00%    28,648.00    28,648.00
         1170      Senior Cleaner                         32,488.00    33,538.00      33,538.00       33,538.00          0.00%    33,538.00    33,538.00
         1500      Call Back CSEA                            145.00       100.00         100.00          200.00        100.00%       200.00       200.00
         1501      Differential                              628.80       650.00         650.00          700.00          7.69%       700.00       700.00
         1502      Holiday Overtime                           37.92       100.00         100.00          100.00          0.00%       100.00       100.00
         1504      On Call                                 1,833.43     1,890.00       1,890.00        1,890.00          0.00%     1,890.00     1,890.00
         1505      Overtime                                3,830.63     2,500.00       2,500.00        2,500.00          0.00%     2,500.00     2,500.00
         1509      Comp Time Buyout CSEA                      11.24       400.00         400.00          400.00          0.00%       400.00       400.00
         1510      Clothing Allowance - CSEA               1,200.00     1,200.00       1,200.00        1,200.00          0.00%     1,200.00     1,200.00
         1520      Insurance Buyout CSEA                   1,628.22     1,605.00       1,605.00        1,846.00         15.02%     2,184.00     2,184.00

                     Total                               260,243.12   268,991.00     268,991.00      269,382.00          0.15%   269,720.00   269,720.00

      A1625.         EQUIPMENT
         2115        Computer Hardware                         0.00     1,350.00       1,350.00        1,200.00        -11.11%         0.00         0.00

                     Total                                     0.00     1,350.00       1,350.00        1,200.00        -11.11%         0.00         0.00

      A1625.         CONTRACTUAL EXPENSES
         4457        Supplies: Computer                        0.00       100.00         100.00          100.00          0.00%       100.00       100.00
         4470        Supplies: Office                        264.50       250.00         250.00          200.00        -20.00%       200.00       200.00
         4515        Postage                                   0.00        10.00          10.00           10.00          0.00%        10.00        10.00
         4522        Shipments                               134.87       100.00         100.00          100.00          0.00%       100.00       100.00
         4678        Utilities: Gas                        1,959.67     2,600.00       3,000.00        1,800.00        -30.77%     1,800.00     1,800.00
         4684        Utilities: Water & Sewer                364.75       400.00         400.00          400.00          0.00%       400.00       400.00

                     Total                                 2,723.79     3,460.00       3,860.00        2,610.00        -24.57%     2,610.00     2,610.00

      A1625.         EMPLOYEE BENEFITS
          8100       FICA/Medicare                        19,356.59    20,578.00      20,578.00       20,608.00          0.15%    20,634.00    20,634.00
          8303       Medical Insurance CSEA               42,133.80    39,219.00      39,219.00       45,102.00         15.00%    54,168.00    54,168.00
          8305       Medical Insurance Non-Union           9,979.80    11,976.00      11,976.00       13,773.00         15.01%    12,830.00    12,830.00

                     Total                                71,470.19    71,773.00      71,773.00       79,483.00         10.74%    87,632.00    87,632.00

      A1625.0        TOTAL                               334,437.10   345,574.00     345,974.00      352,675.00          2.05%   359,962.00   359,962.00
                                       PROCEEDINGS OF THE LEGISLATURE                                    315
Schedule 1-A                                                                   BUDGET AS      DEPARTMENT       REQUEST '10     BUDGET
                                                     ACTUAL       BUDGET        MODIFIED        REQUEST            TO         OFFICER'S    ADOPTED
                                                      2008         2009           2009            2010         ORIGINAL '09     REC.
REVENUE:
               A2650 Sale of Scrap/Excess Material     1,038.10      750.00         750.00          750.00            0.00%      750.00       750.00

               Total Revenue                           1,038.10      750.00         750.00          750.00            0.00%      750.00       750.00

               Total Net County Cost                 333,399.00   344,824.00     345,224.00      351,925.00           2.06%   359,212.00   359,212.00

               Percent Revenue                            0.31%        0.22%          0.22%           0.21%          -2.01%        0.21%        0.21%
316                                  PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                          BUDGET AS      DEPARTMENT    REQUEST '10      BUDGET
                                                  ACTUAL       BUDGET        MODIFIED        REQUEST         TO          OFFICER'S   ADOPTED
                                                   2008         2009           2009            2010      ORIGINAL '09      REC.
      PARKING
      A1626.
                     EQUIPMENT
          2701       Parking Lot                    3,765.00   150,000.00     146,800.00          0.00        -100.00%        0.00       0.00

                     Total                          3,765.00   150,000.00     146,800.00          0.00        -100.00%        0.00       0.00

      A1626.         CONTRACTUAL EXPENSES
         4011        Consultants                    4,796.50         0.00       3,200.00          0.00          0.00%         0.00       0.00

                     Total                          4,796.50         0.00       3,200.00          0.00          0.00%         0.00       0.00
      A1626.0
                     TOTAL                          8,561.50   150,000.00     150,000.00          0.00        -100.00%        0.00       0.00
                                       PROCEEDINGS OF THE LEGISLATURE                                      317
Schedule 1-A                                                          BUDGET AS    DEPARTMENT      REQUEST '10     BUDGET
                                           ACTUAL        BUDGET        MODIFIED      REQUEST           TO         OFFICER'S    ADOPTED
                                            2008           2009          2009          2010        ORIGINAL '09     REC.

CENTRAL GASOLINE
A1640.    CONTRACTUAL EXPENSES
   4653   Gasoline                         116,481.66    139,950.00   139,950.00      120,625.00        -13.81%   120,625.00   114,750.00
   4663   User Fee                             805.69        850.00       850.00          970.00         14.12%       970.00       970.00
   4664   E-Z Pass                             476.50        400.00       400.00          475.00         18.75%       475.00       475.00

A1640.0        TOTAL                       117,763.85    141,200.00   141,200.00      122,070.00        -13.55%   122,070.00   116,195.00

REVENUE:       A1276 Gasoline              123,420.98    139,950.00   139,950.00      120,625.00        -13.81%   120,625.00   114,750.00

               A1277 E-Z Pass                 476.50        400.00       400.00          475.00          18.75%      475.00       475.00

               Total Revenue               123,897.48    140,350.00   140,350.00      121,100.00        -13.72%   121,100.00   115,225.00

               Total Net County Cost        (6,133.63)      850.00       850.00          970.00          14.12%      970.00       970.00

               Percent Revenue               105.21%        99.40%       99.40%          99.21%          -0.19%      99.21%       99.17%
318                                          PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                           BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                                   ACTUAL        BUDGET       MODIFIED       REQUEST          TO         OFFICER'S    ADOPTED
                                                    2008           2009         2009           2010       ORIGINAL '09     REC.


      CENTRAL TELEPHONE
      A1650.     EQUIPMENT
         2115    Computer Hardware                   8,500.00         0.00          0.00           0.00         0.00%          0.00        0.00

                     Total                           8,500.00         0.00          0.00           0.00         0.00%          0.00        0.00


      A1650.         CONTRACTUAL EXPENSES
         4470        Supplies: Office                  109.04       100.00        100.00         100.00         0.00%        100.00      100.00
         4571        Computer Software              64,601.00         0.00          0.00           0.00         0.00%          0.00        0.00
         4682        Utilties: Telephone/Fax        51,058.90    74,880.00     74,880.00      90,200.00        20.46%     90,200.00   90,200.00

                     Total                         115,768.94    74,980.00     74,980.00      90,300.00        20.43%     90,300.00   90,300.00

      A1650.0        TOTAL                         124,268.94    74,980.00     74,980.00      90,300.00        20.43%     90,300.00   90,300.00

      REVENUE:       A1275 Telephone Charges        67,932.62    74,880.00     74,880.00      90,200.00        20.46%     90,200.00   90,200.00
                     A2401T Interest & Earnings        515.51         0.00          0.00           0.00         0.00%          0.00        0.00

                     Total Revenue                  68,448.13    74,880.00     74,880.00      90,200.00        20.46%     90,200.00   90,200.00

                     Total Net County Cost         (32,076.18)     100.00        100.00         100.00          0.00%        100.00     100.00

                     Percent Revenue                  55.08%       99.87%        99.87%         99.89%          0.02%        99.89%     99.89%
                                       PROCEEDINGS OF THE LEGISLATURE                                319
Schedule 1-A                                                          BUDGET AS     DEPARTMENT     REQUEST '10       BUDGET
                                             ACTUAL       BUDGET       MODIFIED       REQUEST          TO           OFFICER'S     ADOPTED
                                              2008         2009          2009           2010       ORIGINAL '09       REC.

CENTRAL MAILING
A1670.      EQUIPMENT
   2198     Postage meter                          0.00        0.00          0.00           0.00           0.00%           0.00         0.00

               Total                               0.00        0.00          0.00           0.00           0.00%           0.00         0.00

A1670.         CONTRACTUAL EXPENSES
   4407        Equip Maint/Agreement           1,131.00    1,131.00      1,188.00       1,250.00           10.52%      1,250.00     1,250.00
   4470        Office Supplies                 1,070.66    1,000.00      1,000.00       1,000.00            0.00%      1,000.00     1,000.00
   4515        Postage                        35,000.00   35,100.00     35,043.00      42,195.00           20.21%     42,195.00    42,195.00
   4522        Shipments                       2,524.01    3,034.00      3,034.00       3,086.00            1.71%      3,086.00     3,086.00
   4980        Leases: Postage Meter (COB)       768.00      800.00        800.00         800.00            0.00%        800.00       800.00

               Total                          40,493.67   41,065.00     41,065.00      48,331.00           17.69%     48,331.00    48,331.00

A1670          TOTAL                          40,493.67   41,065.00     41,065.00      48,331.00           17.69%     48,331.00    48,331.00

REVENUE:       A1272 Central Mailing          32,165.67   35,100.00     35,100.00      42,195.00           20.21%     42,195.00    42,195.00
               A1274 Shipment Fees             1,917.21    2,410.00      2,410.00       2,410.00            0.00%      2,410.00     2,410.00

               Total Revenue                  34,082.88   37,510.00     37,510.00      44,605.00           18.91%     44,605.00    44,605.00

               Total Net County Cost           6,410.79    3,555.00      3,555.00       3,726.00           4.81%       3,726.00     3,726.00

               Percent Revenue                  84.17%      91.34%        91.34%         92.29%            1.04%        92.29%       92.29%
320                                          PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                             BUDGET AS    DEPARTMENT      REQUEST '10     BUDGET
                                                     ACTUAL        BUDGET       MODIFIED      REQUEST           TO         OFFICER'S      ADOPTED
                                                      2008           2009         2009          2010        ORIGINAL '09     REC.


      CENTRAL COPIER
      A1675.      EQUIPMENT
         2120     Copier                               6,396.00    15,000.00    15,000.00      12,000.00         -20.00%      6,000.00      6,000.00

                     Total                             6,396.00    15,000.00    15,000.00      12,000.00         -20.00%      6,000.00      6,000.00

      A1675.         CONTRACTUAL EXPENSES
         4406        Copier Maintenance Agreements    14,764.97    16,000.00    16,000.00      10,000.00         -37.50%     10,000.00     10,000.00
         4454        Central Copier Supplies           3,730.25     3,700.00     3,700.00       4,000.00           8.11%      4,000.00      4,000.00

                     Total                            18,495.22    19,700.00    19,700.00      14,000.00         -28.93%     14,000.00     14,000.00

      A1675.0        TOTAL                            24,891.22    34,700.00    34,700.00      26,000.00         -25.07%     20,000.00     20,000.00

      REVENUE:       A1271 Central Copier Charges     34,306.65    34,650.00    34,650.00      38,500.00         11.11%      38,500.00     38,100.00

                     Total Revenue                    34,306.65    34,650.00    34,650.00      38,500.00         11.11%      38,500.00     38,100.00

                     Total Net County Cost            (9,415.43)      50.00        50.00      (12,500.00)     -25100.00%    (18,500.00)   (18,100.00)

                     Percent Revenue                   137.83%       99.86%       99.86%        148.08%          48.29%       192.50%       190.50%
                                       PROCEEDINGS OF THE LEGISLATURE                                 321

Schedule 1-A                                                             BUDGET AS     DEPARTMENT     REQUEST '10      BUDGET
                                               ACTUAL       BUDGET        MODIFIED       REQUEST          TO          OFFICER'S     ADOPTED
                                                2008          2009          2009           2010       ORIGINAL '09      REC.
INFORMATION TECHNOLOGY

A1680          PERSONAL SERVICES
   1076        IT Director                      15,572.54    60,000.00     30,000.00      60,000.00          0.00%      60,000.00    60,000.00

               Total                            15,572.54    60,000.00     30,000.00      60,000.00          0.00%      60,000.00    60,000.00

A1680.         EQUIPMENT
   2115        Computer Hardware                14,342.38    28,000.00     35,813.10      22,168.00         -20.83%     22,168.00    22,168.00

               Total                            14,342.38    28,000.00     35,813.10      22,168.00         -20.83%     22,168.00    22,168.00

A1680.         CONTRACTUAL EXPENSES
   4152        Conferences                           0.00       200.00        200.00         200.00           0.00%        200.00       200.00
   4156        Training                              0.00         0.00        400.00         400.00         400.00%        400.00       400.00
   4407        Equipment Maintenance Agree.     12,798.00    15,000.00     13,100.12      13,000.00         -13.33%     13,000.00    13,000.00
   4455        IT Supplies                          81.14     1,000.00      1,400.00       1,000.00           0.00%      1,000.00     1,000.00
   4470        Office Supplies                     365.60        50.00         50.00          50.00           0.00%         50.00        50.00
   4507        Copier charges                        0.00        50.00         50.00          50.00           0.00%         50.00        50.00
   4515        Postage                               0.00        50.00         50.00          50.00           0.00%         50.00        50.00
   4522        Shipments                             0.00        10.00         10.00          10.00           0.00%         10.00        10.00
   4571        Computer Software                 4,594.50    15,000.00     15,000.00      10,000.00         -33.33%     10,000.00    10,000.00
   4575        Computer Software Maintenance     4,278.81     5,700.00      5,700.00       4,300.00         -24.56%      4,300.00     4,300.00
   4577        Computer Technical Assistance   159,000.00   159,074.00    189,074.00     159,074.00           0.00%    159,074.00   159,074.00
   4654        Mileage                               0.00       100.00        100.00         100.00           0.00%        100.00       100.00
   4660        Travel Expenses                       0.00       100.00        100.00         100.00           0.00%        100.00       100.00
   4676        Utilities: Cellular Service         169.98         0.00        619.88           0.00           0.00%          0.00         0.00
   4679        Utilities: Internet              11,739.84    11,100.00     11,580.00      12,100.00           9.01%     12,100.00    12,100.00
   4682        Utilities: Telephone/Fax            313.79       300.00        300.00         350.00          16.67%        350.00       350.00
   4907        Dues                                  0.00        50.00         50.00          50.00           0.00%         50.00        50.00

               Total                           193,341.66   207,784.00    237,784.00     200,834.00          -3.34%    200,834.00   200,834.00

A1680.         EMPLOYEE BENEFITS
   8100        FICA/Medicare                     1,178.84     4,590.00      4,590.00       4,590.00          0.00%       4,590.00     3,465.00
   8305        Medical Insurance Non-Union       2,582.91    12,399.00     12,399.00      14,259.00         15.00%      13,391.00    10,044.00

               Total                             3,761.75    16,989.00     16,989.00      18,849.00         10.95%      17,981.00    13,509.00

A1680.0        TOTAL                           227,018.33   312,773.00    320,586.10     301,851.00          -3.49%    300,983.00   296,511.00
322                                          PROCEEDINGS OF THE LEGISLATURE

      Schedule 1-A                                                                                  BUDGET AS DEPARTMENT REQUEST '10         BUDGET
                                                                       ACTUAL         BUDGET         MODIFIED   REQUEST      TO             OFFICER'S      ADOPTED
                                                                        2008            2009           2009       2010   ORIGINAL '09         REC.


      SPECIAL ITEMS

      A1910.4923     UNALLOCATED INSURANCE                              95,650.28     100,530.00      90,744.91      82,000.00    -18.43%     82,000.00     82,000.00

      A1920.         MUNICIPAL ASSOCIATION DUES
         4907        Dues                                                 4,077.00       4,591.00       4,713.00       4,839.00    5.40%        4,839.00     4,839.00

      A1930.         JUDGEMENT & CLAIMS
         4927        Insurance Reserve                                  19,741.57     150,000.00     150,000.00     150,000.00     0.00%     150,000.00    150,000.00
         4928        Unemployment Insurance Reserve                     16,753.38      25,000.00      25,000.00      25,000.00     0.00%      25,000.00     25,000.00

                     TOTAL                                              36,494.95     175,000.00     175,000.00     175,000.00     0.00%     175,000.00    175,000.00

      REVENUE:       A2401.R3 Interest & Earnings - Ins. Reserve        15,344.84      12,000.00      12,000.00        2,900.00   -75.83%       2,900.00     2,900.00
                     A2401.R5 Interest & Earnings - Unemp. Res.          3,683.69       1,500.00       1,500.00          600.00   -60.00%         600.00       600.00

                     Total Revenue                                      19,028.53      13,500.00      13,500.00        3,500.00   -74.07%       3,500.00     3,500.00

         A1930       Total Net County Cost                              17,466.42     161,500.00     161,500.00     171,500.00     6.19%     171,500.00    171,500.00

                     Percent Revenue                                       52.14%          7.71%          7.71%          2.00%    -74.07%         2.00%         2.00%

      A1990.4905     CONTINGENT FUND                                          0.00    350,000.00     201,702.96     450,000.00    28.57%     450,000.00    450,000.00

        A1990.0      TOTAL                                             136,222.23     630,121.00     472,160.87     711,839.00    12.97%     711,839.00    711,839.00

        A1999M       TOTAL GENERAL GOV'T. SUPPORT                     4,357,500.99   4,726,130.00   4,670,527.40   4,839,079.00    2.39%    4,688,062.00   ##########

                     Total Revenue - General Gov't. Support           2,390,249.75   2,445,792.00   2,447,091.90   2,250,866.00    -7.97%   2,250,866.00   ##########

                     Net General Government Support                   1,967,251.24   2,280,338.00   2,223,435.50   2,588,213.00   13.50%    2,437,196.00   ##########

                     Total Percent Revenue - General Gov't. Support        54.85%         51.75%         52.39%         46.51%    -10.12%        48.01%        48.13%
                                       PROCEEDINGS OF THE LEGISLATURE                                       323
Schedule 1-A                                                                    BUDGET AS      DEPARTMENT       REQUEST '10     BUDGET
                                                   ACTUAL         BUDGET         MODIFIED        REQUEST            TO         OFFICER'S       ADOPTED
                                                    2008            2009           2009            2010         ORIGINAL '09     REC.

EDUCATION

A2490.4151     COMMUNITY COLLEGE TUITION           685,635.90     810,000.00      810,000.00      750,000.00          -7.41%    750,000.00     750,000.00

A2960.4154     EDUCATION HANDICAPPED CHILDREN 1,107,808.09       1,300,000.00   1,300,000.00     1,300,000.00         0.00%    1,300,000.00   1,300,000.00

A2960.0        TOTAL EDUCATION                    1,793,443.99   2,110,000.00   2,110,000.00     2,050,000.00         -2.84%   2,050,000.00   2,050,000.00

REVENUE:       A3277 - State Aid Education         625,380.75     803,875.00      803,875.00      706,472.00         -12.12%    706,472.00     706,472.00

               Total Revenue                       625,380.75     803,875.00      803,875.00      706,472.00         -12.12%    706,472.00     706,472.00

               Total Net County Cost              1,168,063.24   1,306,125.00   1,306,125.00     1,343,528.00         2.86%    1,343,528.00   1,343,528.00

               Percent Revenue                         34.87%         38.10%         38.10%           34.46%          -9.54%        34.46%         34.46%
324                                         PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                                BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                                         ACTUAL      BUDGET        MODIFIED       REQUEST          TO         OFFICER'S    ADOPTED
                                                          2008         2009          2009           2010       ORIGINAL '09     REC.
      PUBLIC SAFETY
      COMMUNICATION SYSTEMS
      A3020.     PERSONAL SERVICES
         1505    Overtime CSEA                                0.00         0.00          0.00       3,000.00       3000.00%     3,000.00     3,000.00
         1780    Senior Communications Mechanic          33,884.27    34,796.00     34,796.00      36,019.00          3.51%    36,019.00    36,019.00
         1949    Comp Time Buyout                           124.53       100.00        100.00         100.00          0.00%       100.00       100.00
         1950    Differential DSA                            15.60         0.00          7.20          25.00         25.00%        25.00        25.00
         1951    Holiday Overtime DSA                         0.00         0.00        133.42           0.00          0.00%         0.00         0.00
         1952    Overtime DSA                               374.64       250.00      5,669.33         500.00        100.00%       500.00       500.00
         1953    Call back DSA                              749.25       300.00        600.39         500.00         66.67%       500.00       500.00
         1958    Insurance Buyout - DSA                   1,936.56     2,169.00      2,169.00       2,495.00         15.03%     2,739.00     2,739.00
         1961    35 - 40 Hours                            1,413.83       800.00      1,457.81       1,200.00         50.00%     1,200.00     1,200.00

                     Total                               38,498.68    38,415.00     44,933.15      43,839.00         14.12%    44,083.00    44,083.00

      A3020.         EQUIPMENT
         2135        Fire Extinguishers                     983.20         0.00          0.00           0.00          0.00%         0.00         0.00
         2216        Vehicle Unmarked                    24,800.00         0.00          0.00           0.00          0.00%         0.00         0.00
         2411        Radios - Portable                      229.99         0.00          0.00           0.00          0.00%         0.00         0.00
         2421        Cameras Outside                          0.00         0.00      2,000.00           0.00          0.00%         0.00         0.00
         2429        Other Municipalities                 1,920.82     2,000.00      3,939.79       3,000.00         50.00%     3,000.00     3,000.00
         2434        Air Conditioner                        229.00         0.00          0.00           0.00          0.00%         0.00         0.00

                     Total                               28,163.01     2,000.00      5,939.79       3,000.00         50.00%     3,000.00     3,000.00

      A3020.         CONTRACTUAL EXPENSES
         4011        Consultants                            120.00     6,000.00        163.01       5,500.00         -8.33%     5,500.00     5,500.00
         4066        Pest control                         2,550.00     1,400.00      1,785.00       2,550.00         82.14%     2,550.00     2,550.00
         4230        Maintenance Agreement: Microwave     5,989.31    15,000.00     77,808.66      46,700.00        211.33%    46,700.00    46,700.00
         4231        Maintenance Agreement: Radio        31,923.96    31,924.00     31,924.00      31,924.00          0.00%    31,924.00    31,924.00
         4232        Mowing & Weeding                       450.00     1,000.00      1,000.00         500.00        -50.00%       500.00       500.00
         4457        Computer Supplies                       99.98       100.00        100.00         100.00          0.00%       100.00       100.00
         4463        Installation Supplies                1,274.90       900.00        900.00         900.00          0.00%       900.00       900.00
         4470        Office Supplies                         81.94       100.00        100.00         100.00          0.00%       100.00       100.00
         4515        Postage                                 50.00        50.00         50.00          50.00          0.00%        50.00        50.00
         4522        Shipments                              179.10       350.00        350.00         300.00        -14.29%       300.00       300.00
         4653        Gasoline                             2,153.91     2,500.00      2,500.00       2,000.00        -20.00%     2,000.00     2,000.00
         4661        Vehicle Parts/Maintenance/Repairs    1,633.90       500.00        500.00         400.00        -20.00%       400.00       400.00
         4676        Utilities: Cellular Service            300.00       300.00        300.00         400.00         33.33%       400.00       400.00
                                          PROCEEDINGS OF THE LEGISLATURE                                        325
Schedule 1-A                                                                     BUDGET AS      DEPARTMENT      REQUEST '10      BUDGET
                                                     ACTUAL        BUDGET         MODIFIED        REQUEST           TO          OFFICER'S     ADOPTED
                                                      2008           2009           2009            2010        ORIGINAL '09      REC.

CONTRACTUAL EXPENSES CON'T
    4680       Utilities: RS - Electric               19,724.52     20,000.00      19,907.70       18,000.00          -10.00%    18,000.00     18,000.00
    4681       Utilities: RS - Propane                    76.00      1,400.00       1,400.00        1,400.00            0.00%     1,400.00      1,400.00
    4682       Utilities: Telephone/Fax                8,854.22     10,000.00      10,000.00        9,000.00          -10.00%     9,000.00      9,000.00
    4734       Radio Parts/Maintenance/Telephone       1,472.87      1,500.00       1,592.30        1,500.00            0.00%     1,500.00      1,500.00
    4735       Tower Site Maintenance                    171.68        500.00         500.00          400.00          -20.00%       400.00        400.00
    4749       Uniforms                                  268.93        400.00         400.00          400.00            0.00%       400.00        400.00
    4965       Leases: TS - Angus                        125.00        125.00         125.00          250.00          100.00%       250.00        250.00
    4967       Leases: TS - Dundee                    14,105.01     14,800.00      14,800.00       15,540.00            5.00%    15,540.00     15,540.00
    4968       Leases: TS - Intermedia Italy          30,200.00     36,000.00      36,000.00       37,944.00            5.40%    37,944.00     37,944.00
    4969       Leases: TS - Parrish Hill              31,445.33     33,025.00      33,025.00       34,677.00            5.00%    34,677.00     34,677.00
    4970       Leases: TS - SBA Stid Hill             24,825.25     26,000.00      26,000.00       27,300.00            5.00%    27,300.00     27,300.00
    4971       Leases: TS - South Hill                 1,693.43      2,000.00       1,787.50        2,000.00            0.00%     2,000.00      2,000.00

               Total                                 179,769.24    205,874.00     263,018.17      239,835.00          16.50%    239,835.00    239,835.00

A3020.         EMPLOYEE BENEFITS
    8100       FICA/Medicare                           2,945.12      2,939.00       2,939.00        3,354.00          14.12%      3,373.00      3,373.00

               Total                                   2,945.12      2,939.00       2,939.00        3,354.00          14.12%      3,373.00      3,373.00

A3020.0        TOTAL                                 249,376.05    249,228.00     316,830.11      290,028.00          16.37%    290,291.00    290,291.00

 REVENUE: A2265 Communications Services                1,911.02      2,000.00       2,000.00        3,000.00          50.00%      3,000.00      3,000.00

               A3319 W911- Dep't. of State Funding     13,373.00     14,000.00      14,000.00       13,374.00          -4.47%     13,374.00     13,374.00

               Total Revenue                          15,284.02     16,000.00      16,000.00       16,374.00           2.34%     16,374.00     16,374.00

               Total Net County Cost                 234,092.03    233,228.00     300,830.11      273,654.00          17.33%    273,917.00    273,917.00

               Percent Revenue                            6.13%         6.42%          5.05%           5.65%          -12.06%        5.64%         5.64%
326                                       PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                             BUDGET AS     DEPARTMENT     REQUEST '10     BUDGET
                                                     ACTUAL       BUDGET        MODIFIED       REQUEST          TO         OFFICER'S     ADOPTED
                                                      2008          2009          2009           2010       ORIGINAL '09     REC.

      E911 DISPATCH CENTER
      A3021.        PERSONAL SERVICES
          1700      Dispatcher Chief                  44,652.00    46,215.00     46,215.00      46,215.00          0.00%     46,215.00     46,215.00
          1701      Dispatch Senior                   42,022.31    43,355.00     43,355.00      44,878.00          3.51%     44,878.00     44,878.00
          1702      Dispatch Senior                   42,092.90    43,355.00     43,355.00      44,878.00          3.51%     44,878.00     44,878.00
          1703      Dispatch Senior                   42,293.00    43,355.00     43,355.00      44,544.00          2.74%     44,544.00     44,544.00
          1706      Dispatcher                        38,608.20    39,766.00     39,766.00      41,165.00          3.52%     41,165.00     41,165.00
          1707      Dispatcher                        38,252.40    39,766.00     37,268.85      37,939.00         -4.59%          0.00     37,939.00
          1710      Dispatcher                        39,204.60    40,664.00     40,664.00      42,083.00          3.49%     42,083.00     42,083.00
          1711      Dispatcher                        39,556.20    40,603.00     40,603.00      43,063.00          6.06%     43,063.00     43,063.00
          1712      Dispatcher                        38,622.40    39,766.00     39,766.00      41,911.00          5.39%     41,911.00     41,911.00
          1713      Dispatcher                        38,985.30    40,317.00     40,317.00      42,083.00          4.38%     42,083.00     42,083.00
          1714      Dispatcher                        38,622.40    40,234.00     40,234.00      42,083.00          4.60%     42,083.00     42,083.00
          1715      Dispatcher                        38,907.80    39,766.00     39,766.00      42,083.00          5.83%     42,083.00     42,083.00
          1716      Dispatcher                        37,128.20    39,766.00     39,766.00      41,165.00          3.52%     41,165.00     41,165.00
          1717      Dispatcher                        38,608.20    39,766.00     39,766.00      41,654.00          4.75%     41,654.00     41,654.00
          1949      Comp Time Buyout                     905.20     1,000.00      1,231.13       1,200.00         20.00%      1,200.00      1,200.00
          1950      Differential DSA                   5,390.60     5,400.00      5,400.00       5,400.00          0.00%      5,400.00      5,400.00
          1951      Holiday Overtime DSA              31,999.01    25,000.00     25,000.00      25,000.00          0.00%     29,500.00     25,000.00
          1952      Overtime DSA                       9,086.27     8,500.00      8,500.00       8,500.00          0.00%     25,000.00      8,500.00
          1953      Call Back DSA                        166.50       500.00        500.00         250.00        -50.00%        250.00        250.00
          1955      Officer In Charge DSA                673.75       900.00        900.00         900.00          0.00%        900.00        900.00
          1956      Educational Bonus                    227.68       300.00        300.00         300.00          0.00%        300.00        300.00
          1958      Insurance Buyout - DSA             1,755.84     2,386.00      2,386.00       2,744.00         15.00%      5,116.00      5,116.00

                     Total                           607,760.76   620,680.00    618,413.98     640,038.00          3.12%    625,471.00    642,410.00

      A3021.         EQUIPMENT
          2115       Computer Hardware                 2,646.16         0.00          0.00       1,000.00          0.00%      1,000.00      1,000.00
          2423       Enhanced 911 (Reserve)           22,184.19    10,000.00     46,000.00           0.00       -100.00%          0.00          0.00
          2504       W911                             25,955.00     5,000.00     25,000.00      10,000.00        100.00%     10,000.00     10,000.00

                     Total                            50,785.35    15,000.00     71,000.00      11,000.00        -26.67%     11,000.00     11,000.00
                                       PROCEEDINGS OF THE LEGISLATURE                                    327
Schedule 1-A                                                               BUDGET AS     DEPARTMENT      REQUEST '10      BUDGET
                                                 ACTUAL       BUDGET        MODIFIED       REQUEST           TO          OFFICER'S     ADOPTED
                                                  2008          2009          2009           2010        ORIGINAL '09      REC.

A3021.         CONTRACTUAL EXPENSES
    4156       Training                            2,018.87     1,200.00      2,368.20       1,500.00          25.00%       1,500.00      1,500.00
    4407       Equipment Maint Agreement               0.00       200.00         26.00       1,700.00         750.00%       1,700.00      1,700.00
    4470       Office Supplies                     1,804.43     1,800.00      1,800.00       1,800.00           0.00%       1,800.00      1,800.00
    4505       Dry Cleaning                        1,183.67     1,500.00      1,500.00       1,500.00           0.00%       1,500.00      1,500.00
    4516       Printing                              749.10       900.00        900.00         900.00           0.00%         900.00        900.00
    4575       Computer Software Maintenance       1,498.57     1,500.00        974.00       1,800.00          20.00%       1,800.00      1,800.00
    4660       Travel Expenses                       260.93       400.00        400.00         350.00         -12.50%         350.00        350.00
    4676       Utilities: Cellular Service           763.57       720.00        720.00         750.00           4.17%         750.00        750.00
    4682       Utilities: Telephone/Fax            7,709.53     8,000.00      8,000.00       8,000.00           0.00%       8,000.00      8,000.00
    4701       Access Telephone Line              18,289.83    25,000.00     25,000.00      18,000.00         -28.00%      18,000.00     18,000.00
    4734       Radio Parts/Maintenance                34.85       200.00        200.00         200.00           0.00%         200.00        200.00
    4749       Uniforms                              978.68     1,500.00      1,031.80       1,200.00         -20.00%       1,200.00      1,200.00
    4763       Pictometry                         15,000.00    15,000.00     15,000.00      15,000.00           0.00%      15,000.00     15,000.00
    4770       E911 Expenses                      35,051.54    10,000.00      4,000.00      26,000.00         160.00%      26,000.00     26,000.00
    4771       W911                               78,069.14    35,000.00     68,386.00      30,000.00         -14.29%      30,000.00     30,000.00
    4907       Dues                                  353.00       270.00        270.00         350.00          29.63%         350.00        350.00
    4979       Lease PSAP                              0.00         0.00          0.00      72,000.00       72000.00%           0.00          0.00

               Total                             163,765.71   103,190.00    130,576.00     181,050.00          75.45%     109,050.00    109,050.00

A3021.         EMPLOYEE BENEFITS
    8100       FICA/Medicare                      44,937.69    47,483.00     47,483.00      48,963.00           3.12%      47,849.00     49,145.00
    8304       Medical Insurance DSA              92,684.40   112,923.00    112,691.87     129,862.00          15.00%     108,862.00    122,555.00
    8305       Medical Insurance Non-Union        11,498.40    13,799.00     13,799.00      15,869.00          15.00%      14,783.00     14,783.00

               Total                             149,120.49   174,205.00    173,973.87     194,694.00          11.76%     171,494.00    186,483.00

A3021.0        TOTAL                             971,432.31   913,075.00    993,963.85    1,026,782.00         12.45%     917,015.00    948,943.00

REVENUE:       A1140 E 911                        43,806.17    45,000.00     45,000.00      44,000.00           -2.22%     44,000.00     44,000.00
               A1141 W911                         42,269.47    40,000.00     40,000.00      40,000.00            0.00%     40,000.00     40,000.00
               A2612 Fines: False Alarms               0.00       500.00        500.00         500.00            0.00%        500.00        500.00

               Total Revenue                      86,075.64    85,500.00     85,500.00      84,500.00           -1.17%     84,500.00     84,500.00

               Total Net County Cost             885,356.67   827,575.00    908,463.85     942,282.00          13.86%     832,515.00    864,443.00

               Percent Revenue                        8.86%        9.36%         8.60%          8.23%          -12.11%         9.21%         8.90%
328                                            PROCEEDINGS OF THE LEGISLATURE
      Schedule 1-A                                                                 BUDGET AS      DEPARTMENT     REQUEST '10     BUDGET
                                                         ACTUAL       BUDGET        MODIFIED        REQUEST          TO         OFFICER'S     ADOPTED
                                                          2008         2009           2009            2010       ORIGINAL '09     REC.
      SHERIFF
      A3110.         PERSONAL SERVICES
          1025       Sheriff                              78,714.00    81,469.00      81,469.00      81,469.00          0.00%     81,469.00     81,469.00
          1104       Chief Deputy                         57,567.00    59,582.00      59,582.00      59,582.00          0.00%     59,582.00     59,582.00
          1105       Confidential Assistant to Sheriff    41,450.00    42,901.00      42,901.00      42,901.00          0.00%     42,901.00     42,901.00
          1155       Undersheriff                         61,793.00    63,956.00      63,956.00      63,956.00          0.00%     63,956.00     63,956.00
          1730       Deputy Sheriff, Lieutenant           54,884.40    56,297.00      56,297.00      58,335.00          3.62%     5