organizational meeting

Transcription

PROCEEDINGS OF THE YEAR 2009
ORGANIZATIONAL MEETING
JANUARY 7, 2009
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The January 7, 2009 Organizational Meeting of the Schuyler County Legislature was called to order at
9:06 a.m. by Stacy B. Husted, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by
Legislator Gifford and Followed by a Moment of Silence. All Legislators were present except Legislator
Yuhasz who was absent. Assistant County Attorney Dennis Morris and County Administrator O’Hearn were
also present.
PUBLIC PARTICIPATION: None.
The Acting Chair asked for nominations from the floor for Chairman of the Legislature for the year
2009.
MOTION by Legislator Marcellus to nominate Legislator Thomas M. Gifford as Chairman, SECOND
by Legislator Field. Acting Chair asked for other nominations and there were none.
RESOLUTION NO. 1 Motion by Marcellus, Second by Field.
RE: CLOSE NOMINATIONS - 2009 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the nominations for the 2009 Chairperson of the Schuyler County Legislature
be closed.
Vote: 7-0.
RESOLUTION NO. 2 Motion by Field, Second by Fagan.
RE: APPOINTMENT – THOMAS M. GIFFORD CHAIR, SCHUYLER COUNTY LEGISLATURE – 2009
BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the
year 2009, and
BE IT FURTHER RESOLVED, that the salary for the Chairman shall be $5,341 for the year 2009.
Vote: 7-0.
RESOLUTION NO. 3 Motion by Larison, Second by Bleiler.
RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2009
BE IT RESOLVED, that the duly authorized vice-chairman successors for "Continuity of Local
Government", as prescribed by Schuyler County Local Law No. 1-1972, be adopted for the year 2009, as
follows:
Chairman
Thomas M. Gifford
#1 Vice-Chairman
Doris L. Karius
#2 Vice-Chairman
Delmar F. Bleiler, Jr.
#3 Vice-Chairman
Glenn R. Larison
#4 Vice-Chairman
Michael A. Yuhasz
#5 Vice-Chairman
Dennis A. Fagan
#6 Vice-Chairman
Paul N. Marcellus
#7 Vice-Chairman
Stewart F. Field, Jr.
Vote: 7-0.
RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER
BE IT RESOLVED, that The Watkins Review & Express weekly newspaper within Schuyler County, be
designated as the legal County paper to publish resolutions, election notices, official canvass and other notices.
Vote: 7-0.
RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS
BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the
following amounts:
HSBC
Watkins Glen Office
Franklin at Eight Street
Watkins Glen, NY 14891
$8,000,000.00
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SCHUYLER COUNTY LEGISLATURE
CHEMUNG CANAL TRUST COMPANY
Montour Falls or Watkins Glen Office
303 W. Main Street
Montour Falls, NY 14865
$8,000,000.00
TOMPKINS COUNTY TRUST COMPANY
Main Street
Odessa, NY 14869
$8,000,000.00
CHASE MANHATTAN
1975 Lake Street
Elmira, NY 14901
$8,000,000.00
COMMUNITY BANK, N.A.
Watkins Glen Office
401 N. Franklin Street
$8,000,000.00
Vote: 7-0.
RESOLUTION NO. 6 Motion by Larison, Second by Karius.
RE: CONFORM TO "RULES OF PROCEDURE"
BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective
January 13, 1992, as amended on October 12, 1999, as amended on May 10, 2004, as amended on June 12,
2006, and as amended on January 1, 2007, be conformed to.
Vote: 7-0.
RE: APPOINTMENT - CHIEF CORONER FOR 2009
BE IT RESOLVED, that this Legislature, upon the recommendation of the elected coroners,
acknowledges and accepts the appointment of Blanche Borzell, M.D. as Chief Coroner for the year 2009, at an
additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter.
Vote: 7-0.
RE: APPOINTMENT – COUNTY HISTORIAN
BE IT RESOLVED, that Barbara Bell be appointed as County Historian for the year 2009.
Vote: 7-0.
RE: ADOPT SCHEDULE OF SALARIES FOR 2009
BE IT RESOLVED, that the Schedule of Salaries for 2009, as attached hereto, be adopted, effective
January 1, 2009, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County
employees according to the 2009 Salary Schedule.
Vote: 7-0.
RE: ADOPT PURCHASING POLICIES & PROCEDURES
BE IT RESOLVED, that the Purchasing Policies & Procedures for 2008, as attached hereto, be adopted,
effective January 1, 2009.
Vote: 7-0.
PUBLIC PARTICIPATION: None
The Meeting adjourned at 9:13 a.m.
Stacy B. Husted, Clerk
Jamee L. Mack, Deputy Clerk
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REGULAR MEETING
JANUARY 12, 2009
The January 12, 2009 Regular Meeting was called to order by Chairman Gifford at 6:30 p.m. The Pledge
of Allegiance was led by Legislator Karius followed by a Moment of Silence. All Legislators were present
except Legislators Yuhasz and Marcellus who were excused. County Attorney James Coleman and County
Administrator O’Hearn were also present.
PUBLIC PARTICIPATION:
Mr. Tim Dunlop spoke regarding the Local Law on the agenda prohibiting Texting While Driving. He
said there are already two laws on the books that are not being enforced now at the state level. They are having
your head lights on when it is raining and talking on cell phones while driving. He doesn’t feel it makes any
sense to him to add another law that will not be enforced.
6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 7 OF THE YEAR 2008/LOCAL LAW
NO. OF THE YEAR 2009 AMENDING LOCAL LAW NO. 1 OF 1990 TO HAVE NO TERM LIMITS:
None.
RESOLUTION NO. 11 Motion by Larison, Second by Fagan.
RE: APPROVE MINUTES OF THE DECEMBER 8, 2008 REGULAR MEETING AND THE DECEMBER
30, 2008 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the December 8, 2008 Regular Meeting and the December 30,
2008 Year End Meeting of the Schuyler County Legislature be approved.
Vote: 6-0.
RESOLUTION NO. 12 Motion by Bleiler, Second by Field.
RE: AUTHORIZE GRANT APPLICATION FOR HOMELAND SECURITY INTEROPERABLE
EMERGENCY COMMUNICATIONS GRANT PROGRAM– EMERGENCY MANAGEMENT
WHEREAS, the New York State NYS Office of Homeland Security is accepting applications for a
competitive grant to fund Interoperable Emergency Communications projects and,
WHEREAS, the Emergency Communications System in Schuyler County does not meet the current
needs of the emergency services and,
WHEREAS, the Emergency Management Office wishes to apply for approximately $700,000 under the
Interoperable Emergency Communications Program to fund much needed system upgrades and,
WHEREAS, there is a 25% local match and.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to
sign any and all documents relative to the Homeland Security Interoperable Emergency Communications Grant
Program; subject to the approval of the Schuyler County Attorney.
Vote: 6-0.
RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR PUBLIC SAFETY COMMUNICATION –
EMERGENCY MANAGEMENT
WHEREAS, Resolution No. 445-08 accepted bids for 911 center upgrades, and
WHEREAS, funding in the amount of $140,000 for this project will be taken from the E911 Reserve
Account and the remaining $85,000 will be taken from 2007 Homeland Security Funding, and
WHEREAS, the 2009 appropriations will need to be amended in regards to the 2007 Homeland Security
Funding in order to purchase said equipment.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to
amend the 2009 Emergency Management Budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$85,000
3020.200
Equipment
+$85,000
3020-3389
Homeland Security Revenue
Vote: 6-0.
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RE:
APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2009 - PROBATION
DEPARTMENT
WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for
2009, and
WHEREAS, the said Plan and Budget have been reviewed, and both appear to be in order and have been
approved by the Public Safety/Criminal Justice Committee of this Legislature.
NOW, THEREFORE, BE IT RESOLVED, that the 2009 Alternatives to Incarceration Service Plan and
Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the
same upon approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council submit the same to the New
York State Division of Probation and Correctional Alternatives for final approval.
Vote: 6-0.
RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2009 PROHIBITING TEXT
MESSAGING WHILE DRIVING
WHEREAS, the Public Safety/Criminal Justice Committee wishes to adopt a Local Law to prohibit text
messaging while driving.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 2 of the year
2009 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and
BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on
February 11, 2009 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins
Glen, NY.
LOCAL LAW INTRO NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2009
A Local Law Prohibiting Text Messaging While Driving.
Be it enacted by the Legislature of the County of Schuyler as follows:
Section 1. Legislative Intent.
1. This Governing Body finds that distracted drivers are the cause of a significant percentage of motor
vehicle accidents.
2. This Governing Body finds that a motor vehicle driver who composes, sends, or reads text messages
while driving is adversely affecting his or her driver reaction time and attention, which inevitably
decreases public safety.
3. This Governing Body finds that there is an increased number of distracted drivers who are composing,
sending or reading text messages while driving, and that these actions currently are not prohibited by
any federal, state or local law.
4. This Governing Body finds that it is in the best interest and safety of the driving public to prohibit
drivers from composing, reading or sending text message while driving.
Section 2. Definitions.
1. “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 messages or e-mails, in order to communicate with any person or device.
2. “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 shortrange wireless connection, thereby allowing the user to operate said device without the use of hands.
3. “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.
4. “Motor vehicle” shall mean any vehicle that is self-propelled by a motor, including but not limited to
automobiles, trucks, vans, construction vehicles, etc…
5. “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.
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6. “Use” shall mean to hold a wireless handset in one’s hand, or to activate, deactivate or initiate functions
or keys on a wireless handset.
7. “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 3. Prohibitions.
1. No person shall use a wireless handset to compose, read or send text messages while operating a motor
vehicle on any public highway within the County of Schuyler.
2. Subdivision one of this section shall not be construed to prohibit the use of any wireless handset by:
a. Any law enforcement, public safety or police officers, emergency services officials, and fire
safety officials in the performance of duties arising out of and in the course of their employment;
b. A person using a wireless handset to contact any law enforcement, public safety, fire safety, or
emergency services officials.
c. A person using a wireless handset while the motor vehicle is parked, standing or stopped, or
while such motor vehicle is stopped due to the inoperability of the motor vehicle.
3. Subdivision one of this section shall not be construed to prohibit a person from operating a motor
vehicle while using a “hands free” wireless handset.
Section 4. Penalties.
1. A violation of this law shall constitute an offense, and shall be punishable by a fine not exceeding
$150.00 for each violation. Each such violation shall constitute a separate and distinct offense.
2. This law shall be enforced by any law enforcement agency having jurisdiction.
Section 5. Applicability.
1. This law shall apply to all actions occurring on or after the effective date of this law.
Section 6. Reverse Preemption.
This law shall be null and void on the day that statewide legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or
federal administrative agency issues and promulgates regulations preempting such action by the County of
Schuyler. The County Legislature may determine by resolution whether or not identical or substantially
similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the
purposes of triggering the provisions of this section.
Section 7. Severability.
If any clause, sentence, paragraph, subdivision, section or part of this law or the application thereof to any
person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of
competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm,
partnership, entity or circumstance directly involved in the controversy in which such order or judgment
shall be rendered.
Section 8. Effective date.
This law shall take effect upon filing with the Secretary of State
Vote: 6-0.
DISCUSSION: Legislator Bleiler believes it is right to have this law and appropriate to pass the law. He feels
that if our Laws are not being enforced then every citizen should be aware and get involved. If you see
someone that is violating the law, you should call and report it. He feels the Highways would be safer.
Legislator Larison feels they should not stand by and allow this reckless driving to occur. Kids are getting
killed on our Highways.
RE: RESOLUTION URGING THE GOVERNOR’S TRAFFIC SAFETY COMMITTEE TO PROVIDE
SPECIFIC FUNDING FOR SHERIFFS’ OFFICES TO AID THEIR EFFORTS IN TAKING ACTION
AGAINST DISTRACTED DRIVING
WHEREAS, Sheriffs’ offices across New York are taking action against driver distraction by focusing
their attention on what motorists are doing while driving, and
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WHEREAS, Sheriffs’ from across the state recently participated in a week-long targeted effort to
reinforce the enormous responsibility that every driver shares when operating a motor vehicle, and to emphasize
the notion that operating a motor vehicle warrants a driver’s full attention, and
WHEREAS, in 2003, research by the National Highway Traffic Administration estimated that driver
inattention contributed to 25% of police-reported crashes, and
WHEREAS, in 2006, another study determined that driver distraction/inattention was a leading
contributing factor in automobile crashes and near-crashes, that study showed that almost 80% of automobile
crashes and 65% of near-crashes occurred within three seconds of some type of distraction, primarily cell phone
use, and
WHEREAS, in 1985, there were roughly 91,600 mobile phone subscribers in the United States, that
number increased to 197,680,000 in 2005 and continues to grow, and
WHEREAS, it is estimated that 70 to 90 percent of drivers in the United States use their phones while
driving at least some of the time and that at any one time 3% to 5% of drivers are talking on their phone, and
WHEREAS, Sheriffs’ Departments hope to minimize the adverse effects of driver distraction and
improve the safety on our roadways through raising awareness and enforcement, and
WHEREAS, the Governor’s Traffic Safety Committee (GTSC), charged with coordinating traffic safety
activities throughout the state, provides timely, accurate and useful news, information and other resources about
traffic safety and the State’s Highway Safety Grant Program.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the GTSC to
partner with Sheriffs’ Departments and provide direct funding for road patrols to build up an increased presence
on the roadways of New York State, in an effort to promote safe driving habits, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature shall forward copies of this
Resolution to the Governor, the Chairman of the GTSC, New York State Association of Counties, Inter-County
Association of Western New York, and all others deemed necessary and proper.
Vote: 6-0.
RE: RECOGNIZE JANUARY 18 - 24, 2009 AS HEALTHY WEIGHT WEEK - PUBLIC HEALTH
WHEREAS, the 16th annual Healthy Weight Week is a time to celebrate healthy living habits that last a
lifetime and prevent eating and weight problems, rather than intensifying them, as diets do, and
WHEREAS, traditionally many Americans begin a diet the first week in January and don’t follow through
with it the second week, and
WHEREAS, Health Weight Week is a time to stop dieting for good and help people normalize their lives,
and
WHEREAS, Healthy Weight Week promotes healthy non-diet lifestyles for children and adults of every
size and helps them move ahead to healthy habits they can live with long term, and
WHEREAS, being active in your own way every day focuses on the pleasure of movement and its health
and energy benefits, and
WHEREAS, eating well, including all five food groups every day provides balanced and varied choices.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize January 18 24, 2009 as Healthy Weight Week.
Vote: 6-0.
RE: RECOGNIZE FEBRUARY 2009 AS AMERICAN HEART MONTH - PUBLIC HEALTH
WHEREAS, an estimated 80,700,000 American adults (one in three) have one or more types of
cardiovascular disease, of whom 38,200,000 are estimated to be age 60 or older, and
WHEREAS, each year over $33 billion in medical costs and $9 billion in lost productivity due to heart
disease, cancer, stroke and diabetes are attributed to poor nutrition, and
WHEREAS, the total direct and indirect costs of cardiovascular diseases and stroke in the United States
for 2008 is estimated at $448.5 billion, and
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WHEREAS, this figure includes health expenditures (direct costs, which include the cost of physicians
and other professionals, hospital and nursing home services, medications, home health care and other medical
durables) and lost productivity resulting from morbidity and mortality (indirect costs), and
WHEREAS, many conditions that put people at risk for heart disease, such as high cholesterol and high
blood pressure, are hard to detect without screening, and
WHEREAS, people who are overweight and less active are most prone to high blood pressure, and
WHEREAS, regular brisk walks and better dietary habits with less salt intake are key.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize February 2009
as American Heart Month.
Vote: 6-0.
RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR
SCHUYLER SHARED PUBLIC WORKS FACILITY– BUILDINGS & GROUNDS
WHEREAS, bids where received and have been awarded for the construction of a new Shared Public
Works Facility, and
WHEREAS, the County requires the continued service of Hunt Engineers, Architects & Surveyors
through the construction phase of the project.
enter into a contract with Hunt Engineers Architects & Surveyors for Construction Services for the Shared
Public Works Facility for a contract sum not to exceed $50,000, subject to approval of the Schuyler County
Attorney, and
BE IT FURTHER RESOLOVED, that the funding for this contract is available in the Shared Public
Works Facility Capital Account.
Vote: 6-0.
RE: ACCEPT/REJECT HVAC REPAIR/MAINTENANCE BIDS FOR COUNTY HVAC UNITS –
BUILDINGS AND GROUNDS
WHEREAS, Resolution No. 414-08 authorized the Building Maintenance Supervisor to provide bid
documents and go out to bid for HVAC Repair and Maintenance support, and
NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the
Building Maintenance Supervisors recommendation of the following bidders for HVAC Repair and
Maintenance, and
Bouille Electric, Inc.
Collins and Walton, Inc
ICT Mechanical Services, Inc
BE IT FURTHER RESOLVED, that the costs are to be paid from the account no. 1620-490, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a
contracts with the above, subject to approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 21 Motion by Karius, Second by Larioson.
RE: AMEND AND ADOPT THE REVISED MANAGEMENT/CONFIDENTIAL SALARY PLAN –
HUMAN RESOURCES
WHEREAS, per previous resolutions, there have been numerous changes to the positions in the
Management/Confidential Salary Plan (“the Plan”) as follows:
 Creation of Confidential Secretary to the Sheriff
 Creation of Purchasing Consultant
 Change in Factor Rating and Grade for Watershed Inspector
 Change in Factor Rating and Grade for Director of Real Property Tax Services, and
WHEREAS, per previous resolution, the grade levels in the Plan have been adjusted by a Cost of Living
Adjustment of 3.6% effective January 1, 2009, and
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WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that
a portion of Section III, Performance Appraisals, be revised as follows:
Performance appraisals will be conducted annually in the month of the anniversary date of the
employee was placed in or promoted within the Plan. An employee hired after October 1st of a year will not
receive a performance appraisal until the following year and will only receive a Cost of Living Adjustment. An
employee hired prior to October 1st of a year will receive a performance appraisal to be conducted prior to
December 15th. In the case of an appointed official in the middle of a term, the performance appraisal will be
conducted prior to October 1st of a year.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby amends and adopts the revised
Management/Confidential Salary Plan as outlined above effective January 1, 2009.
Vote: 6-0.
RESOLUTION NO. 22 Motion by Karius, Second by Larison.
RE: AUTHORIZE AN APPLICATION WITH THE LOCAL RECORDS MANAGEMENT
IMPROVEMENT FUND FOR MICROFILMING – RECORDS MANAGEMENT
WHEREAS, Schuyler County and the Village of Watkins Glen wish to participate in a cooperative grant
application for microfilming vital records, and
WHEREAS, said grant application requires no local share costs.
sign any and all documents relative to said grant application with the Local Records Management Improvement
Fund for microfilming for the term July 1, 2009 thru June 30, 2010, in an amount not to exceed $30,000.00,
subject to the approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 23 Motion by Karius, Second by Larison
RE: LOCAL LAW INTRO. NO. 7 OF THE YEAR 2008/LOCAL LAW NO. 1 OF THE YEAR 2009
AMENDING LOCAL LAW NO. 1 OF THE YEAR 1990 TO HAVE NO TERM LIMITS
WHEREAS, Local Law Intro. No. 7 of the Year 2008/Local Law No. 1 of the Year 2009 Amending
Local Law No. 1 of the Year 1990 was heretofore introduced and appropriate notice established in the official
newspaper regarding a public hearing to be held January 12, 2009 at 6:45 p.m., and
WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this
Legislature has duly considered the adoption and passage of said Local Law.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7 of the Year 2008/Local Law No.
1 of the Year 2009, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the
passage, enactment and adoption of Local Law Intro. No. 7 of the Year 2008/Local Law No. 1 of the Year
2009, together with the required text thereof in the official County newspaper.
LOCAL LAW INTRO. NO. 7 OF THE YEAR 2008/LOCAL LAW NO. 1 OF THE YEAR 2009
A Local Law Amending Local Law No.1 of the Year 1990
Be amended to read as follows:
Section 1. As authorized by the provisions of Article 41, Section 41.11 (d) of the Mental Hygiene Law
and the Municipal Home Rule Law of the State of New York, and does hereby authorize and permit members of
the Community Services Board, or any of its sub-committees, to serve for more that three consecutive terms,
and
Section 2. This local law takes effect immediately.
Vote: 6-0.
RESOLUTION NO. 24 Motion by Fagan, Second by Field.
RE: AUTHORIZE CLEANING/MAINTENANCE CONTRACT WITH SCHUYLER COUNTY COURT
FACILITIES – BUILDINGS AND GROUNDS
WHEREAS, the State of New York Unified Court Systems, Office of Court Administration, has
implemented Chapter 686, the Cleaning Takeover Bill, and
WHEREAS, this Bill requires Government bodies housing Court facilities to enter in a
Cleaning/Maintenance contract for the State Fiscal Years (April 1, 2008 through March 31, 2013).
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NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign
said contract with the State of New York Unified Court System for said term stated above; subject to approval
of the Schuyler County Attorney.
Vote: 6-0.
RE: AUTHORIZE APPOINTMENT OF PERSONNEL OFFICER TRAINEE AND PERSONNEL
OFFICER
WHEREAS, Resolution No. 522-08 authorized the creation and filling of the Personnel Officer Trainee
position, and
WHEREAS, it is the recommendation of the County Administrator, Human Resources Director, and
Personnel Officer that Lorraine G. Johnson be appointed as Personnel Officer Trainee.
NOW, THEREFORE, BE IT RESOLVED, that Lorraine G. Johnson be appointed Personnel Officer
Trainee effective January 26, 2009, at an annual salary of $42,064, in Grade Level G in the
Management/Confidential Salary Plan, and
BE IT FURTHER RESOLVED, that Lorraine G. Johnson be appointed as Personnel Officer for a six
year term effective February 28, 2009 to February 27, 2015, at an annual salary of $46,415 in Grade Level H of
the Management/Confidential Salary Plan, and that the Personnel Officer Trainee position be abolished.
Vote: 6-0.
RESOLUTION NO. 26 Motion by Larison., Second by Karius.
RE: ONE-YEAR APPOINTMENTS
BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following
individuals to the below boards, committees, agencies, for the term January 1, 2009 through December 31,
2009, to wit:
BARGAINING UNIT COMMITTEES
County Administrator
Human Resource Director
Co-Chief Negotiators
Committee Chair of Management & Finance
CHILD CARE COORDINATING COUNCIL
Delmar Bleiler, Legislature
COMMUNITY HOME HEALTH CARE PROFESSIONAL ADVISORY COUNCIL
Thomas Gifford – Chairman of the Legislature
James Coleman, MD – Medical Director
Elizabeth Hayes, RN
Pamela Larnard – Deputy Director Mental Health
Marcia Kasprzyk, RN – Deputy Director Public Health
Ruth Bedient, HHA – Member at Large
Rita Tague, RN – Schuyler Hospital
Patty Secord – Office for the Aging
Sarah Mathews – DSS
John Bullett, ST – Speech Therapist
Michael Sandritter, PT – Physical Therapist
Linda Donelson, RN – Falls Home
Camelia Oswald, RN – Public Health
Jagmohan Singh, MD - Schuyler Hospital
EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE
Thomas Gifford, Chairman of the Legislature
Charles Franzese, Engineer
ECONOMIC OPPORTUNITY PROGRAM
Bill Weiss, Director Social Services (Filling Doris Karius un-expired term)
ENVIRONMENTAL MANAGEMENT COUNCIL
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Paul N. Marcellus, Legislator
FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC.
Timothy Hicks, Watershed Inspector
FIRE SAFETY BOARD
Brian Hudson/Tim Hudson – Beaver Dams
Jason Kelly/Curt Connelly – Burdett
Al Foote/Brian Gunning – Mecklenburg
Bill Mullaney/Larry States – Monterey
Tom Carson/Jim Ryan – Montour Falls
John Jelliff/Mike Tomassi – Odessa
Audie Kline/Al Buckland – Tyrone
Mike Hicks/Brandon Karius – Valois-Logan Hector
Dominick Smith/Jud Smith – Watkins Glen
Stewart F. Field, Jr. – Legislator
FISH & WILDLIFE MANAGEMENT BOARD
Ray Ector
INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK
Thomas M. Gifford, Chairman of the Legislature
Glenn R. Larison, Legislature
Stacy B. Husted, Clerk of the Legislature
LOCAL EARLY INTERVENTION COORDINATING COUNCIL
Nan Woodard Shaw, WGCS District
Sandra Young, OMCS District
Lisa Crouch, Schuyler ARC
Erik Miller, Provider
Beverly Clickner, Social Services
Pamela Larnard, Mental Health
Wendy Underdown, Parent
Nancy St. Julien, Parent
Ken Seaman, Parent
Marcia Kazprzyk, Early Intervention Official, Public Health
JoAnn Fratarcangelo, Youth Bureau/Families First
Michael Yuhasz, Legislature
Patricia Hurld, NYS DOH
Kathy Ector, Child Care Council
RSVP Advisory Council
Glenn R. Larison, Legislature
OFFICE FOR THE AGING ADVISORY COUNCIL
Theodore Specchio
SCOPED
Thomas M. Gifford, Chairman, Schuyler County Legislature
SOIL AND WATER CONSERVATION BOARD
Glenn R, Larison, Legislature
Doris L. Karius, Legislature
Vote: 6-0.
RE: TWO-YEAR APPOINTMENTS
2010, to wit:
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Edward Gates, Member at Large
Kate Bartholomew, Member at Large
John Flowers, Member at Large
Richard Owlett, Member at Large
Jeff Mangus, Town of Hector
FISH & WILDLIFE MANAGEMENT BOARD
Barlow Rhodes, Landowner
LABOR/MANAGEMENT COMMITTEE
Chairman of the Legislature
Human Resources Director
LAW LIBRARY BOARD OF TRUSTEES
Michael A. Yuhasz
OFFICE FOR THE AGING ADVISORY COUNCIL
Marge Arcangeli, RSVP
Emily Grimmke-William, Schuyler Hispital
Dorothy Huey, Tyrone
Elaine Dahl, Tyrone
Barbara Berghoff, Montour Falls/Consumer
Camelia Oswald, Public Health
Thomas M Gifford, Chairman, Legislature
Maris Scott, ARC
Robert Burnside, Dix
Alice Quinata Eastwood, Watkins Glen
Philip Smith, Veterans Services
Beth MacIntyre-Lisk, RSVP
SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD
Tim O’Hearn
Vote: 6-0.
RE: TWO-YEAR APPOINTMENTS NON-CALENDAR YEAR
individuals to the below board, committee, agency, for the term November 1, 2008 through October 31, 2009,
to wit:
WORKFORCE DEVELOPMENT BOARD
Troy Preston, Schuyler Hospital, HR Director
Vote: 6-0.
RE: THREE-YEAR APPOINTMENTS
2011, to wit:
EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE
Richard Churches, Driver Training
Thomas Struble, Watkins Glen Police Chief
Greg Mathews, Highway Superintendent
William Yessman, Sheriff
FOREST PRACTICE BOARD
Brett Chedzoy, Forest Landowner
Barlow Rhodes, Forest Landowner
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SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – SCIDA
Jerold Marvel
Carl Taber
SCOPED
Stewart F. Field, Jr. Legislature
SOIL AND WATER CONSERVATION BOARD
Doug Learn, Grange
James Hazlitt, Farm Bureau
YOUTH BOARD
Peggy Tomassi, District III
Mary Wilson, Member at Large
Robin Travis, Member at Large
Beverley Clickner, Social Services
David Warren, Watkins Glen High School Principal
Dr. Billie Bauman, Watkins Glen District Administrator
Kristine Somerville, Watkins Glen Middle School Principal
Nan Woodworth-Shaw, Watkins Glen Director of Special Services
Rodney Weeden, Watkins Glen Elementary Principal
Denise Wickham, Watkins Glen Director of Athletics
Vote: 6-0.
RE: FOUR-YEAR APPOINTMENTS
2012, to wit:
ALCOHOLISM AND SUBSTANCE ABUSE
Matt Hayden
Michelle Ormsbee
Christopher Rosno
COMMUNITY SERVICES BOARD
Edward Lovell
Matt Hayden, Assistant District Attorney
MENTAL HEALTH SUBCOMMITTEES
Tamre Waite, Office for the Aging
Vote: 6-0.
RE: APPOINTMENTS TO BOARDS WITH NO TERMS
BE IT RESOLVED, that the following individuals be appointed to the following boards effective
January 1, 2009:
CRIMINAL JUSTICE ADVISORY
Chris Rosno, Probation Director
Kathy Yaskulski, ATI Representative
Beth Covert, ATI Representative
Roberta Bailey, Ex-Offender
Vote: 6-0.
RE: AUTHORIZE CONTRACT WITH PHIL BARNES FOR INVESTIGATIVE SERVICES – PUBLIC
DEFENDER’S OFFICE
WHEREAS, the Public Defender’s Office has been notified that grant funds will be received from the
Indigent Legal Services Fund (ILSF) revenues from the State for the year 2009 in the amount of $67,300, and
13
WHEREAS, the ILSF revenue is to be used to “… improve the quality of services provided to article
18-B of the county law.” Further, the revenue is to be used “to supplement and not supplant any local funds
which [the county] would otherwise have had to expend for the provision of counsel, and expert, investigative
and other services pursuant to article eighteen-B of the county law," and
WHEREAS, the Public Defender requires access to investigative services in order to adequately defend
her clients, both in family court and criminal court.
execute a contract with Phil Barnes for the Public Defender’s Office on an as needed basis at the rate of $30 per
hour not to exceed $5,000 annually with mileage reimbursement at the current county rate, for the term
February 1, 2009 through December 31, 2009; funding is available in the 2009 Public Defender budget account
no. 1170-435; subject to approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 33 Motion by Larison, Second by Field.
RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor.
Vote: 6-0.
RE: ACKNOWLEDGE APPOINTMENT OF VOTING MACHINE CUSTODIAN – BOARD OF
ELECTIONS
BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections
Commissioners of David Stamp as the County's Voting Machine Custodian for the year 2009, to be paid $20 an
hour for miscellaneous inspections of the old voting machines, and to be paid $50 per machine for inspections
done at the Primary and General Elections, to be funded by the Board of Elections budget, and
BE IT FURTHER RESOLVED, that the towns may offer additional compensation.
Vote: 6-0.
RE: AUTHORIZE AMENDING RESOLUTION NO. 518-08 TITLED “AUTHORIZE THE CREATION
AND FILLING OF ONE TEMPORARY CASE MANAGER POSITION - DEPARTMENT OF
SOCIAL SERVICES”
WHEREAS, Resolution No. 518-08 authorized the creation and filling of a Temporary Full-Time Case
Manager position for the Department of Social Services, and
WHEREAS, the Commissioner of Social Services has been unable to fill the temporary position and is
requesting to amend the Resolution to remove the word temporary and make it a permanent additional Case
Manager position for the Department on a temporary basis.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 518-08 be amended to remove the word
temporary from the title, the body of the Resolution, and remove the fourth Whereas clause completely, and
BE IT FURTHER RESOLVED, that the two Case Manager positions will not be filled at the same time
and in the future one will be abolished.
DISCUSSION: County Administrator O’Hearn explained that this had been discussed at Committee. The plan
was to fill the position temporarily without benefits. It is not attracting any qualified candidates so the
Commissioner is requesting that the position include benefits and not be temporary. It comes with a $3,000.00
impact to allow for benefits and hope to increase the interest in this position.
Vote: 6-0.
NEW BUSINESS: None
UNFINISHED BUSINESS: None
REPORT ON STANDING COMMITTEES:
Legislator Bleiler reported on the Youth Board. He is selling Hearts in support of the Family Play and
Resource Center (FPRC). The Center was started with volunteers. Toys have been donated, and young parents
can bring their children in and play with other children and share their parenting experiences. The Hearts cost a
dollar and the proceeds are going towards a gate for the entrance to the FPRC so that the public can look in and
watch the children, but the children can not leave the area.
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Legislator Fagan discussed the hand out on the Schuyler County Industrial Development Agency
(SCIDA). This was requested by Legislator Larison. The hand out is on file in the Legislative Office. There is
one particular project that is not included in the hand out, but, could be. That is the major project at US Salt
with the Wood Boiler. They are working on converting from natural gas to wood products.
COUNTY ADMINISTRATOR’S REPORT:
Administrator O’Hearn introduced the Personnel Officer Trainee, soon to be new Personnel Officer,
Lorraine Johnson. He also thanked the current Personnel Officer, Helen Thingvoll, for her years of service and
wished her well with her retirement effective February 28, 2009. He then shared the State information with the
snowball affect of the budget in Albany. The Youth Board met last week and they need to strategize. There
may be a shift in funding for them and they are looking at a possible 24.5% reduction. In anticipation and in
preparation he proposed that the contracts with the Youth Bureau for services be put on hold for now, such as
the contracts with the FPRC and the Run-A-Way and Homeless contract through Catholic Charities. He wants
to wait and see what the financial situation is. At this point he just wants to make the Legislative body aware of
it. Legislator Bleiler stated that the 24.5% reduction will hurt.
Chairman Gifford asked for a motion to go into Executive Session to discuss a real estate transaction.
MOTION by Legislator Larison, SECOND by Legislator Fagan to go into executive session to discuss
property acquisition. Motion carried six ayes to zero noes.
MOTION by Legislator Larison, SECOND by Legislator Fagan to come out of executive session.
Motion carried six ayes to zero noes.
The Meeting adjourned at 7:07 p.m.
REGULAR MEETING
FEBRUARY 11, 2009
The February 11, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler followed by a moment of
Silence. All Legislators were present except Legislators Yuhasz and Field who were excused and Legislator
Marcellus who was absent. County Attorney James Coleman and County Administrator O’Hearn were also
present.
Mr. Tim Dunlop handed out the Legal Notice regarding the schedule for the 2009 Regular Meeting
dates. He mentioned that he was at the Human Service Complex on Monday, February 9, 2009 and none of us
were to be found. Stacy Husted, Clerk to the Legislature, informed him that there was an additional Legal
Notice released regarding the date change to February 11th, as a number of our Legislators would be attending
the 2009 NYSAC Conference and that they would not have a quorum Monday the 9th. Mr. Dunlop then
handed out two articles from the “Tompkins Weekly” regarding Water being an issue for Drillers. He is
concerned with the oil drilling in our area and wonders how we are going to protect our natural resources. This
being Seneca Lake. Per the articles it takes two to five million gallons of water to do the drilling. Where is that
going to come from? You then have the wastewater to deal with. Mr. Dunlop spoke with Jeff Sole who is in
charge of the Tompkins County Wastewater Treatment Department. They can not handle this volume. And he
assumes the Watkins Glen facility can not either. If you are all on board with this drilling, you need to make
sure you understand what is going to happen to our roads and water systems. Any other County representatives
he has spoke with tell him that they need to be bonded so the drilling companies are held responsible. The
roads in Chemung County are trashed. He would like us to be on top of this situation before the horse is out of
the barn. Make sure we know what is going on behind all of this. Chairman Gifford said they appreciate his
concern. This is why Brett Chedzoy of Cornell Cooperative Extension is involved and why the Landowners
Coalition is being formed. Mr. Dunlop said he attended a meeting in Odessa and they gave him a form letter to
send to our State Representatives. At that meeting all he heard was that if the review dragged on beyond spring,
15
the drilling company may leave and go to other areas. Legislator Fagan said his environmental concerns are the
focus of the Department of Environmental Conservation (DEC) regarding the Hydro Cracking and the impact
on the natural resources. The Roads are also a major concern. We received a statement a couple weeks ago
from Schumer’s Office informing us of what the Federal Government can do to help and to be involved. Your
point is well made with the Hydro Cracking in a number of other areas. The expertise and information that the
ESPCA has should be given out. Chairman Gifford told Mr. Dunlop that they appreciate his comments and
concerns.
6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO.1/LOCAL LAW NO. 2 OF THE YEAR
2009 PROHIBITING TEXT MESSAGING WHILE DRIVING:
Legislator Fagan said he has received a few calls asking how they are going to enforce this new law
when they are not enforcing the talking on cell phones law. Has the Sheriff given any input on his plans for
enforcement? Legislator Bleiler said he said in committee when we discussed this that he recognized the
difficulty, but will enforce the law. As a citizen, we all need to make our point to the Sheriff. Notify the
Sheriff’s Department if you see people violating the law. We should see a number of citizens with tickets. Our
Sheriff is an elected official. If the citizens do not like what he is doing, then they need to elect a new Sheriff.
Mr. Dunlop said he does not see how driving behind another vehicle you can tell if they are texting on their
phone. Legislator Fagan said you would see them weaving on the road. At least the law is on the books.
Legislator Bleiler said he has seen people texting and driving down the road. If they are in an accident, they
have broken the law. This law can be enforced. Maybe not 100%. Legislator Larison said he feels they need to
take this step. There are a number of young teens being killed every day on our roads. Legislator Fagan feels
they need to also educate the public on this. Word needs to get out to the younger drivers that this is wrong.
RE: APPROVE MINUTES OF THE JANUARY 7, 2009 ORGANIZATIONAL MEETING AND THE
JANUARY 12, 2009 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the January 7, 2009 Organizational Meeting and the January 12,
2009 Regular Meeting, of the Schuyler County Legislature be approved.
Vote: 5-0.
RE: ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC
HEALTH
WHEREAS, it has been deemed appropriate by the Schuyler County Public Health Committee to set fees
for certain services performed by the Watershed Protection Agency in accordance with Local Law 3 of 1994, as
follows:
1. Septic system permits – New Construction
$100.00
2. Septic system permits – Conversion
$100.00
3. Septic system permits – Complete Replacement
$100.00
4. Septic system permits – Submitted Plans
$100.00
5. Septic system permits – Septic tank up grade
$50.00
6. Septic system permits – partial repair/expansion
$50.00
7. Septic system permits – renewals or transfer
$50.00
8. Septic system permits – holding tank / vault privy
$50.00*
9. Site evaluation per lot for new construction septic system
$100*
10. Site evaluation for conversion, expansion or modification septic system
$75*
11. Site evaluation for replacement septic system
$25*
12. Property transfer or refinancing septic evaluation
$150.00
13. Property transfer or refinancing septic evaluation – failed system
$50.00*
14. Property transfer or refinancing – water supply flow test
$40.00*
15. Property transfer or refinancing – water supply flow test and water analysis $50.00
16. Engineer review and approval
$175.00
17. Septic tank locating - probe, detector or transmitter
$50-$75
18. Collection fee per collected sample plus analysis
$15.00
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19. Processing fee per collected sample >1 plus analysis
$3.00
20. Handling fee per non collected sample plus analysis
$10.00
21. Processing fee per non collected sample >1 plus analysis
$2.00
22. Radon in air test
$55.00
23. Field consultation per 1/2 hour
$25.00
24. Non inspection visit (No Show)
$25.00
25. Flood statement affidavit
$25.00
26. Well site approval for new construction
$50.00
27. Well site approval for replacement wells (includes one bacteriological sample)
$50.00
28. Certificate of Compliance
$25.00
29. Property Determination Report
$25.00
NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Watershed Protection Law, Local Law
No. 3 of the Year 1994, allows the Agency to waive the collection of a portion of the established fee for
intergovernmental agencies, indigent persons or doctors request due to illness, and such waivers shall follow the
Schuyler County Public Health and Community Services “Sliding Fee Scale” protocol, and
BE IT FURTHER RESOLVED, that the Agency is also allowed to reduce the sample collection,
processing and/or handling fee for sampling services as a result of multiple visits, with justification on written
record.
*indicates a rate change or new service classification
Vote: 5-0.
RESOLUTION NO. 38 Motion by Lariosn, Second by Bleiler.
RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD AND THE MENTAL
HEALTH SUBCOMMITTEE- COMMUNITY SERVICES
WHEREAS, Local Law No. 1 of 2009 amended Local Law No. 1 of 1990 by Resolution 23-09
establishing that there be no term limits for Community Services Board and Subcommittee members.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the following
appointments with a four year term February 9, 2009 through December 31, 2012.
COMMUNITY SERVICE BOARD
Michael Gehl
Robert Burnside
MENTAL HEALTH SUBCOMMITTEE
Michael Gehl
Bert Pyle
MENTAL RETARDATION/DEVELOPMENTAL DISABILITY SUBCOMMITTEE
Robert Burnside
Vote: 5-0.
RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE
FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU
WHEREAS, the Youth Bureau is the umbrella department for the Family Play and Resource Center
Program, and
WHEREAS, funding is needed for contracting for continued program development, oversight and
maintenance, and
WHEREAS, the Schuyler County Youth Bureau act as the fiscal agent for the program, and
WHEREAS, there is no match required.
sign the aforementioned grant application for funding for the Family Play & Resource Center and any
subsequent contracts; subject to review if the Schuyler County Attorney.
Vote: 5-0.
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RE: AUTHORIZE CHANGE ORDER #1 WITH BINGHAMTON PLATE GLASS CO. FOR THE
WINDOW REPLACEMENT PORTION OF THE COURTHOUSE COMPLEX CONSTRUCTION
PHASE II – BUILDINGS AND GROUNDS
WHEREAS, Resolution No. 397-08 authorized a contract with Binghamton Plate Glass Co. for the
Window Replacement Portion of the Courthouse Complex Construction Phase II for remodeling in the
Courthouse Complex.
WHEREAS, there is need to insulate windows at a cost of $1,137, and
WHEREAS, there is need to add exterior trim metal to compensate for uneven brick at a cost of
$2,775.00, and
WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and
recommends authorization thereof as follows:
Original Contract Amount
$47,600
Amount Contract will Increase by Change Order #1
$ 3,912
New Total Contract Amount
$51,512, and
WHEREAS, funding is available in Capital Reserve account no. 004-1620-606 to pay for said increase.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
sign Change Order #1 proposal at a total cost of $3,912 with Binghamton Plate Glass Co, subject to approval of
the Schuyler County Attorney.
Vote: 5-0.
RE: AUTHORIZE CHANGE ORDER #GC01 & #GC02 WITH ACE UNLIMITED FOR THE GENERAL
CONSTRUCTION PORTION OF THE COURTHOUSE COMPLEX CONSTRUCTION PHASE II –
WHEREAS, Resolution No. 391-08 authorized a contract with ACE Unlimited for the General
Contractors Portion of the Courthouse Complex Construction Phase II for remodeling in the Courthouse
Complex, and
WHEREAS, the proposed temporary entrance on the north end of the building is no longer required, and
WHEREAS, Change Order #GC01 proposes that in exchange for not doing the temporary north
entrance the following work will be performed:
a. Create temporary entrance at existing entrance and repair to original condition.
b. Perform all General Contractor work as outlined in Alternate #1 to complete new basement
bathroom (we did not accept ALT 1: New bathroom and Elections area), at as additional cost of
$1,979, and
WHEREAS, there is a need to compensate on the interior for the uneven window openings and renovate
the southwest stairwell landing, and
WHEREAS, Change Order #GC02 proposes the following:
a. Extend drywall into window openings to compensate for uneven window openings at a cost of
$1,756.
b. Stud, insulate, and sheetrock southwest stairwell landing at a cost of $861.00
c. Removal of asbestos pipe wrap found above hard ceiling in first floor restrooms at a cost of
$7,319
d. Credit for five (5) paper towel dispensers that will be furnished by the county at a credit of
($325)
e. Patch floors where walls went through 1st & 2nd floors at a cost of $2,179.
for a total additional cost of $11,790, and
$642,200
Amount Contract will Increase by Change Order #GC01 & #GC02
$ 13,769
$655,969
18
sign Change Order #GC01 and #GC02 proposals at a total cost of $13,769 with ACE Unlimited, subject to
approval of the Schuyler County Attorney.
Vote: 5-0.
RE: AUTHORIZE CHANGE ORDER #H01 WITH HMI MECHANICAL SYSTEMS, INC. FOR THE
MECHANICAL CONSTRUCTION PORTION OF THE COURTHOUSE COMPLEX
CONSTRUCTION PHASE II – BUILDINGS AND GROUNDS
WHEREAS, Resolution No. 393-08 authorized a contract with HMI Mechanical Systems, Inc. for the
Mechanical Construction Portion of the Courthouse Complex Construction Phase II for remodeling in the
Courthouse Complex.
WHEREAS, HMI Mechanical Systems, Inc has recommended that we accept a York Roof Top Unit in
lieu of the specified Trane Unit for a credit of ($18,700), and
WHEREAS, the Building Maintenance Supervisor has reviewed the referenced change and recommends
authorization thereof as follows:
$367,990
Amount Contract will Decrease by Change Order #H01
-$18,700
$349,290
sign Change Order #H01 proposal at a total credit of ($18,700) with HMI Mechanical Systems, Inc., subject to
Vote: 5-0.
RE: AUTHORIZE CHANGE ORDER #E01 WITH G.O. WICK, INC. FOR THE ELECTRICAL
WHEREAS, Resolution No. 392-08 authorized a contract with G.O. Wick, Inc., for the Electrical
Complex, and
WHEREAS, there is a need to run higher voltage wiring for the new HVAC York Roof Top Unit, and
WHEREAS, the proposed temporary entrance on the north end of the building is no longer required, and
WHEREAS, Change Order #E01 proposes the following:
a. Delete lower voltage wiring for the Trane Unit and run higher voltage wiring for the new York
Roof Top Unit at a cost of $867.
b. Not wire the temporary north entrance for a credit of ($1,684) at a total credit of ($817), and
$225,570
Amount Contract will Decrease by Change Order #E01
-$
817
$224,753.
sign Change Order #E01 proposal at a total credit of ($817) with G.O. Wick, Inc., subject to approval of the
Schuyler County Attorney.
Vote: 5-0.
RE: AUTHORIZE BUILDING MAINTENANCE SUPERVISOR TO APPROVE CHANGE ORDERS ON
THE COURTHOUSE COMPLEX ALTERATIONS AND ADDITION PROJECT – BUILDINGS AND
GROUNDS
WHEREAS, there are typically minor changes necessary to complete capital projects with multiple
prime contracts, and
19
WHEREAS, it is necessary to respond to these change requests in a timely manner.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby give the
Building Maintenance Supervisor the authority to review and approve change orders for less than $5,000, in
consultation with the County Administrator, and
BE IT FURTHER RESOLVED, that no change orders will be made in excess of the project budget, and
BE IT FURTHER RESOLVED, that the Schuyler County Buildings & Grounds Maintenance
Supervisor is hereby authorized to sign any change orders, subject to the approval of the Schuyler County
Attorney.
Vote: 5-0.
RE: AUTHORIZE REQUEST FOR PROPOSALS FOR AUDITING SERVICES – TREASURER’S
OFFICE
WHEREAS, the County of Schuyler is interested in requesting proposals for auditing services.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to solicit
quotes for Auditing Services for review and recommendation to the Management & Finance Committee.
Vote: 5-0.
RESOLUTION NO. 46 Motion by Fagan, Second by Karius.
RE: AUTHORIZE CONTRACT WITH HELEN THINGVOLL FOR CONSULTANT SERVICES – CIVIL
SERVICE
WHEREAS, Helen Thingvoll is retiring her position of Personnel Officer effective February 27, 2009,
and
WHEREAS, Resolution No. 25-09 authorized appointing Lorraine Johnson as Personnel Officer Trainee
who will have one month of training with the Personnel Officer prior to her departure, and
WHEREAS, it is the recommendation of the County Administrator that a contractual arrangement be
made to provide assistance to the new Personnel Officer for instances where additional assistance will be
needed after the training period, such as administering exams, and
WHEREAS, there are funds available in the Personal Services account in the 2009 Civil Service
Department budget to pay for said contract.
enter into a contract with Helen Thingvoll for consultant services to be provided to the Civil Service
Department, effective February 28, 2009 through December 31, 2009 at a cost of $20.00 an hour, for a total not
to exceed $600; subject to approval of the Schuyler County Attorney.
Vote: 5-0.
WITHDRAWN
RE: AUTHORIZE CONTRACT WITH
FOR CHILD PROTECTIVE ATTORNEY
SERVICES – COUNTY ATTORNEY’S OFFICE - WITHDRAWN
WHEREAS, the Schuyler County Department of Social Services demonstrated the need for additional
assistance in the prosecuting of Abuse & Neglect cases, and
WHEREAS, the cost of such assistance has been previously budgeted and approved in the amount of
$20,000, and
WHEREAS, the selection of a contract attorney must be made before a resumption of court proceedings
upon the Judge’s return from vacation in late February.
execute a contract with
for Child Protective Attorney Services for the County Attorney’s
Office effective immediately through December 31, 2009, funding available in the 2009 County Attorney
budget account no. 1420.401; subject to approval of the Schuyler County Attorney.
RE: AUTHORIZE TAX MAP CONTRACT WITH CHEMUNG COUNTY – REAL PROPERTY TAX
SERVICE
WHEREAS, the Real Property Tax Service Agency must prepare and maintain tax maps pursuant to
Real Property Tax Law Section 1532, and
20
WHEREAS, a shared service contract with Chemung County for tax mapping services will result in a
substantial savings to the department.
execute a contract with Chemung County for the Real Property Tax Service Agency for tax mapping services
for the term January 1, 2009 through December 31, 2009, in an amount not to exceed $16,000, funding
available in the 2009 Real Property Tax budget account no.1355.0577; subject to approval of the Schuyler
County Attorney.
Vote: 5-0.
RE: AUTHORIZE INTERNET MAP SERVER CONTRACT WITH THE JAMES W. SEWALL
COMPANY – REAL PROPERTY TAX SERVICE
WHEREAS, the James W. Sewall company has been hosting the county’s Internet Map Server (IMS),
and
WHEREAS, the IMS provides a convenient and transparent means for taxpayers to access on-line
assessment data.
execute a contract with the James W. Sewall Company for the Real Property Tax Service Agency for IMS
hosting services for the term January 1, 2009 through December 31, 2009, in an amount not to exceed $2,600,
funding available in the 2009 Real Property Tax budget account no.1355.0400; subject to approval of the
Vote: 5-0.
RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE
CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO
EXCEED $1,000 – REAL PROPERTY TAX SERVICE
WHEREAS, the State of New York has, pursuant to Sections 554 and 556 of the Real Property Tax Law
(RPTL), authorized correction of errors and payment of tax refunds without prior audit for corrections for
refunds not exceeding $2,500, and
WHEREAS, Schuyler County desires to delegate to the Real Property Tax Services Director (Director)
the authority as stated under said law.
NOW, THEREFORE, BE IT RESOLVED, that there is hereby delegated to the Director the power to
authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the
sum of $1,000 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year
of 2009, with the following provisions:
1.
That the Director shall comply with all provisions under RPTL Sections 554 and 556 relative to
corrections of errors and the refund or credit of taxes.
2.
That on or before the 15th day of each month the Director shall submit to the Legislature a report of the
corrections, refunds and credits processed by such official during the month, embodying in that report
the information as required under aforesaid statute.
3.
That in no case shall the total amount of such refund or credit exceed the amount appropriated by the
County Legislature.
Vote: 5-0.
RE: RESOLUTION TO APPROVE APPLICATIONS FOR CORRECTION OF REAL PROPERTY
TAXES – REAL PROPERTY TAX SERVICE AGENCY
WHEREAS, applications for correction of real property taxes have been made in accordance with
Section 554 of the Real Property Tax Law (RPTL) for various parcels as listed below, and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Management &
Finance Committee to approve the applications.
NOW, THEREFORE BE IT RESOLVED, that the applications are hereby approved, and
BE IT FURTHER RESOLVED, that corrected tax bills will be issued in the amounts listed below, and that the
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various warrants will be adjusted accordingly.
Town
Parcel
Owner
RPTL
Original Tax Corrected Tax
Dix
65.14-1-58
Yaw
S. 550(2)(c) $ 633.07
$ 621.19
Dix
95.00-1-27.114
Smith
S. 550(2)(c) $1,902.82
$1,722.49
Montour
77.00-1-25.2
Barber
S. 550(2)(a) $1,185.61
$ 653.94
Orange
81.00-1-22
Gee
S. 550(3)(c) $ 260.11
$ 219.47
Reading
64.00-1-22.11
Cole
S. 550(3)(b) $ 689.63
$ 132.68
Tyrone
39.19-1-16
Woos
S. 550(2)(a) $1,601.20
$1,015.30, and
BE IT FURTHER RESOLVED, that the property owners will have 8 days from receipt of these
corrected bills to pay without incurring interest or penalty.
Vote: 5-0.
RE: RESOLUTION TO APPROVE OMITTED TAX FOR THE TOWN OF HECTOR – REAL
PROPERTY TAX SERVICE AGENCY
WHEREAS, parcel 48.00-1-17.22 in the town of Hector was conveyed in September of 2008 from
Goodhope Youth to Mitchell Clarke & Kathryn Christopher, and
WHEREAS, the parcel should have been transferred at that time from the wholly exempt section of the
assessment roll to the taxable section, and
WHEREAS, the current property owners pay taxes through an escrow account and waiting for a year to
pay an omitted tax would constitute a hardship in the form of a double payment next year.
NOW, THEREFORE, BE IT RESOLVED, that a corrected bill in the amount of $2,829.12 be issued to
the current owners and that the warrant be adjusted accordingly, and
BE IT FURTHER RESOLVED, that the property owners’ escrow company will have 8 days from
receipt of the corrected bill to pay without incurring interest or penalty, and
BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to the Town of Hector Tax
Collector.
Vote: 5-0.
RE:
AUTHORIZE INCREASE IN HOURS AND SALARY ADJUSTMENTS FOR SCHUYLER
COUNTY ASSESSORS – REAL PROPERTY TAX AGENCY
WHEREAS, due to an increase in the number of parcels to the county-wide assessment program, it is
necessary to increase the hours of Beverly Morley from 28 hours per week to 35 hours per week, and
WHEREAS, the Real Property Tax Director compiled data from eight counties, including contiguous
counties, regarding assessor salaries versus parcels serviced, and
WHEREAS, in reviewing said data, it is evident that our County Assessors’ salaries are not appropriate
and in fact, are too low based on the number of parcels in Schuyler County, and
WHEREAS, it is the recommendation of the County Administrator and Human Resources Director that
each County Assessor receive a salary adjustment in order to keep these positions competitive with surrounding
counties.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes an increase in hours
for Beverly Morley from 28 hours per week to 35 hours per week at a salary of $43,384, effective March 2,
2009, and
BE IT FURTHER RESOLVED, that Vicki Flynn and Beverly Morley each receive an additional $5,000
annually, effective March 2, 2009; funding available in the 2009 Real Property Tax Agency budget.
Vote: 5-0.
RE: RESOLUTION SUPPORTING RELIABLE FUNDING FOR THE US GEOLOGICAL SURVEY
STREAMGAGING NETWORK – EMERGENCY MANAGEMENT
WHEREAS, Schuyler County is prone to localized and regional flooding, which damages infrastructure
and private property and threatens lives, and
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WHEREAS, the County strives to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions, and
WHEREAS, the river flow and lake level date from U.S. Geological Survey (USGS) real-time gages are
used for many flood damage reduction purposes, including floodplain mapping, flood forecasts, emergency
operation of flood control projects, managing releases from flood control reservoirs, and emergency response
activities, and
WHEREAS, flood mitigation, warning, and response activities are credited with saving millions of
dollars in flood damages, and
WHEREAS, early warning is the greatest defense against loss of life during floods, and
WHEREAS, ongoing maintenance costs for gages in the USGS Streamgaging Network are borne by a
conglomeration of partner agencies, and
WHEREAS, gage funding is susceptible to repeated threats due to diverse priorities of the sponsoring
organizations, and
WHEREAS, fourteen critical gages in the Chemung Basin were threatened with discontinuation at the
end of the FY2008 federal fiscal year, and
WHEREAS, the funding that was eventually secured for most of these gages is only temporary.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recommends
development of consistent funding mechanism for the nation’s Streamgaging Network that enables
uninterrupted collection of river flow and lake level date to support the activities of a wide range of users, and
BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Senator Schumer, Senator
Gillibrand, and Congressman Massa.
Vote: 5-0.
RE: RESOLUTION IN SUPPORT OF NEW YORK STATE GOVERNOR PATERSON’S PROPOSED
FIX TO THE CHRONIC ISSUES COUNTIES FACE WITH THE INDIGENT LEGAL SERVICES
FUND MAINTENANCE OF EFFORT PROVISION
WHEREAS, in recent years, an increasing number of counties have failed to meet their Maintenance of
Effort (MOE) as required under the Indigent Legal Services Fund (ILSF) and have become ineligible to receive
their local allocation from the fund, and
WHEREAS, given that an increasing number of counties are at risk of losing 100% of their State ILSF
allocation, 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 case loads and case complexity, and
WHEREAS, the existing system discourages providers of indigent defense to find efficiencies and
presupposes spending more money means that counties are providing better defense services, and
WHEREAS, Governor Paterson’s Public Protection and General Government Article VII Budget Bill
would bring additional predictability for counties as they attempt to 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 in the event a county still does not meet the maintenance of effort,
the County would only lose a percentage of their ILSF funding instead of 100% of their share.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports
Governor Paterson’s proposal to fix the chronic issues counties face with the ILSF Maintenance of Effort
provision, and
BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Governor
Paterson, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara and the New York State
Association of Counties.
Vote: 5-0.
RE:
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AUTHORIZE THE CREATION AND FILLING OF ONE FULL-TIME CORRECTION OFFICER –
SERGEANT POSITION – SHERIFF’S OFFICE
WHEREAS, the Jail Supervisor is retiring this spring, and a supervisor is required to oversee the jail,
and
WHEREAS, the current supervisor is a Deputy Sheriff–Sergeant, not a Correction Officer–Sergeant, and
WHEREAS, upon the current supervisor retiring, a new Correction Officer–Sergeant position should be
created to fill the vacancy, and the Deputy Sheriff–Sergeant will be abolished, and
WHEREAS, the Sheriff is requesting to create this position, upon the approval of the County
Administrator, and
WHEREAS, funding for this position is included in the 2009 budget.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to
create and fill one full-time Correction Officer-Sergeant position at an hourly rate of $16.92, as set forth in the
Schuyler County Deputy Sheriff’s Association Union Contract, for the Schuyler County Jail, effective March 2,
2009.
Vote: 5-0.
RE: AUTHORIZE RESCINDING RESOLUTION NO. 531-08 TITLED “REQUEST THAT THE STATE
MODIFY SECTION 303 OF THE AGRICULTURE & MARKETS LAW”
WHEREAS, it was the intention of Resolution No. 531-08 to request that the State modify Section 303
of the Agriculture and Markets Law to support allowing for the removal of a parcel of land, prior to a
committed time of eight, twelve, or twenty year review period if so recommended by the Agricultural and
Farmland Protection Board, and
WHEREAS, upon further communication with the Schuyler County Agriculture and Farmland
Protection Board the Legislature wishes to rescind the Resolution.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 531-08 be hereby rescinded, and
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Governor David Paterson,
Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, Agriculture & Markets Department
Commissioner Patrick Hooker, NYSAC, and the Inter-County Association of Western New York.
Vote: 5-0.
RESOLUTION NO. 57 Motion by Larison, Second by Bleiler
RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2009 PROHIBITING TEXT
MESSAGING WHILE DRIVING
WHEREAS, Local Law Intro. No. 1/Local Law No. 2 of the Year 2009 Prohibiting Text Messaging
While Driving was heretofore introduced and appropriate notice established in the official newspaper regarding
a public hearing to be held February 11, 2009 at 6:45 p.m., and
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 2 of the Year
2009, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 2 of the Year 2009, together with
the required text thereof in the official county newspaper.
LOCAL LAW INTRO NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2009
A Local Law Prohibiting Text Messaging While Driving.
Be it enacted by the Legislature of the County of Schuyler as follows:
Section 1. Legislative Intent.
1. This Governing Body finds that distracted drivers are the cause of a significant percentage of motor
vehicle accidents.
2. This Governing Body finds that a motor vehicle driver who composes, sends, or reads text messages
while driving is adversely affecting his or her driver reaction time and attention, which inevitably
decreases public safety.
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3. This Governing Body finds that there is an increased number of distracted drivers who are composing,
sending or reading text messages while driving, and that these actions currently are not prohibited by
any federal, state or local law.
4. This Governing Body finds that it is in the best interest and safety of the driving public to prohibit
drivers from composing, reading or sending text message while driving.
Section 2. Definitions.
1. “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 messages or e-mails, in order to communicate with any person or device.
2. “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 shortrange wireless connection, thereby allowing the user to operate said device without the use of hands.
3. “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.
4. “Motor vehicle” shall mean any vehicle that is self-propelled by a motor, including but not limited to
automobiles, trucks, vans, construction vehicles, etc…
5. “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.
6. “Use” shall mean to hold a wireless handset in one’s hand, or to activate, deactivate or initiate functions
or keys on a wireless handset.
7. “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 3. Prohibitions.
1. No person shall use a wireless handset to compose, read or send text messages while operating a motor
vehicle on any public highway within the County of Schuyler.
2. Subdivision one of this section shall not be construed to prohibit the use of any wireless handset by:
1. Any law enforcement, public safety or police officers, emergency services officials, and fire
safety officials in the performance of duties arising out of and in the course of their employment;
2. A person using a wireless handset to contact any law enforcement, public safety, fire safety,
or emergency services officials.
3. A person using a wireless handset while the motor vehicle is parked, standing or stopped, or
while such motor vehicle is stopped due to the inoperability of the motor vehicle.
3. Subdivision one of this section shall not be construed to prohibit a person from operating a motor
vehicle while using a “hands free” wireless handset.
Section 4. Penalties.
1. A violation of this law shall constitute an offense, and shall be punishable by a fine not exceeding
$150.00 for each violation. Each such violation shall constitute a separate and distinct offense.
2. This law shall be enforced by any law enforcement agency having jurisdiction.
Section 5. Applicability.
1. This law shall apply to all actions occurring on or after the effective date of this law.
Section 6. Reverse Preemption.
This law shall be null and void on the day that statewide legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or
federal administrative agency issues and promulgates regulations preempting such action by the County of
Schuyler. The County Legislature may determine by resolution whether or not identical or substantially
similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the
purposes of triggering the provisions of this section.
Section 7. Severability.
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If any clause, sentence, paragraph, subdivision, section or part of this law or the application thereof to any
person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of
competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm,
partnership, entity or circumstance directly involved in the controversy in which such order or judgment
shall be rendered.
Section 8. Effective date.
This law shall take effect upon filing with the Secretary of State.
Vote: 5-0.
RESOLUTION NO. 58 Motion by Fagan, Second by Bleiler.
RE: TWO-YEAR APPOINTMENTS
2010, to wit:
James Tobey, Town of Catharine
PLANNING COMMISSION
James Kuehl, Medical Representative
Tim Hicks, Village of Odessa
Vote: 5-0.
RE: AUTHORIZE CONTRACT WITH THE HOMESTEAD FOR OVERNIGHT NURSING HOME
RESPITE UNDER THE TITLE III-E CAREGIVER PROGRAM– OFFICE FOR THE AGING
WHEREAS, the Title III-E Caregiver Program allows for overnight nursing home respite services, and
WHEREAS, there are clients receiving Caregiver services who may need overnight nursing home
respite, and
WHEREAS, The Homestead located at 418 N. Main Street Penn Yan, NY 14527, is a duly licensed
nursing home in good standing that can provide the needed services, and
WHEREAS, the 2009 Title III-E budget includes funds for such services in line item 6772.0490.
sign any and all contracts and agreements with The Homestead agency to provide the necessary aide service at
the rate of $274.54 per day for the term of January 1, 2009 through December 31, 2009, said contract subject to
Vote: 5-0.
RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR WITNESS FEES & TRIAL
EXPENSES – COUNTY ATTORNEY
WHEREAS, the 2009 County Attorney budget for Witness Fees & Trial Expenses is not sufficient
enough to support the fees incurred during the 2009 calendar year for the NYCLU Lawsuit.
transfer $2,870.00 from Contingency account no. 1990.500 into account no. 1420.443-Witness Fees & Trial
Expense.
Vote: 5-0.
RE: RECOGNIZE MAY 2, 2009 AS GREEN GRAND PRIX DAY
WHEREAS, Resolution No. 118-08 declared May 3, 2009 as Green Grand Prix Day, and
WHEREAS, the Green Grand Prix event is now in its fifth year with its stated goal being “to promote
awareness of environmentally friendly transportation and fuels through educational activities and motoring
events”, and
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WHEREAS, this event continues to be unique and currently the only Sports Car Club of America
sanctioned event of its kind within the confines of our United States of America and further information can be
found at www.greengrandprix.com, and
WHEREAS, this year’s event will be held on May 2, 2009 and the Legislature wishes to recognize this
event again this year.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes May
2, 2009 as Green Grad Prix Day, and
BE IT FURTHER RESOLVED, that a certified copy of the Resolution be sent to Bob Gillespie,
Chairman of the Green Grand Prix Committee.
Vote: 5-0.
RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR
BE IT RESOLVED, that one (1) additional Resolution be brought to the floor.
Vote: 5-0.
MOTION by Legislator Fagan to go into Executive Session to discuss union negotiations, SECOND by
Legislator Karius. Motion carried five ayes to zero noes.
MOTION by Legislator Fagan to come out of executive session, SECOND by Legislator Karius.
Motion carried five ayes to zero noes.
RE: AUTHORIZE STIPULATION, RELEASE OF CLAIMS AND MEMORANDUM OF AGREEMENT
WITH THE SCHUYLER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION
(COBA)
WHEREAS, the Schuyler County COBA filed an improper practice charge with PERB relative to the
creation of a clerical position, and
WHEREAS, the parties have mutually agreed to a Stipulation, Release of Claim and Memorandum of
Agreement with the understanding that the improper practice charge shall be withdrawn and that said
Agreement will not be precedent setting in any respect.
NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby
authorized to enter into a Stipulation, Release of Claims and Memorandum of Agreement with the Schuyler
County Correction Officers Benevolent Association; said Agreement approved by labor counsel.
Vote: 5-0.
NEW BUSINESS: None.
Legislator Larison reported on the New York State Association of Counties (NYSAC) Conference. He
feel they have leaders who do not read the papers and are looking forward to a better year and New York State
has been through this cycle before.
Legislator Bleiler reported that there will be a Character Breakfast sponsored by Headstart. Details will
follow soon.
Chairman Gifford announced that he brought back a packet of Resolutions discussed at the NYSAC
Conference. As they set now, they have not been voted on yet.
Administrator O’Hearn reported that he felt the NYSAC Conference was productive. It is unclear what
is at stake with our County. He is listing and prioritizing the County’s infrastructure projects for the Stimulus
Package. He will be keeping his eye on Albany.
Mr. Dunlap said he is concerned with all of the articles he sees regarding huge dollar amounts being
spent on what he considers unnecessary projects. For example, a $22,000 grant for Waterfront Development on
Seneca Lake. He recited articles regarding the Catharine Valley Trail in the amount of $280,000, all the funds
invested, he questions this money. This is a lot of money to follow a railroad bed. He then made statements
regarding the condition of some of the roads because of the heavy weight traffic. He asked what the County’s
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plans are for going forward with the repairs. He wants to make sure that the road work is done correct the first
time and not just so it looks good for a couple of years. Legislator Bleiler invited Mr. Dunlop to attend the
Public Works Committee Meeting being held on February 17th at 10:30 a.m. in the Human Services complex.
County Administrator O’Hearn spoke on behalf of the Highway Department explaining how the road work is
performed. He explained that the Highway Department picks as many roads as we can afford to and completely
re-do. There are specific standards that the County is held to for road repair. He will pass along his concerns to
the Highway Superintendent. Legislator Fagan said drainage, or lack there of, is the biggest problem. We have
been working for two years with our Soil & Water Conservation Department to make sure this problem is
addressed. County Route 21 and County Route 23 are in great shape now because of this effort. Legislator
Larison asked Mr. Dunlop to consider that the State has reduced the budget by $100,000 and they need to do a
Resolution to show support. Mr. Dunlop said he does appreciate the work being done, however, you can not
drive a loaded snowplow truck down a road and not know that it is trashed.
REGULAR MEETING
MARCH 9, 2009
The March 9, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison followed by a moment of
Silence. All Legislators were present except Legislators Yuhasz and Karius who were excused. County
Attorney James Coleman and County Administrator O’Hearn were also present.
Sue Brill said she wished to ask some questions regarding the new EZ Labor Management system. She
wanted to know why it was the County purchased the system and what the cost initially was. Administrator
O’Hearn said he would have to check and confirm the price and get back to her tomorrow. He believes it was
$18,000.00. Sue Brill asked again what the purpose was for purchasing it? Chairman Gifford stated that this is
public participation and she shouldn’t expect to pin someone down on something like this and expect an answer
tonight. He asked her to please bring this up tomorrow with the Administrator and she agreed.
RE: APPROVE MINUTES OF THE FEBRUARY 11, 2009 REGULAR MEETING OF THE SCHUYLER
COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the February 11, 2009 Regular Meeting, of the Schuyler County
Legislature be approved.
Vote: 6-0.
RESOLUTION NO. 65 Motion by Bleiler, Second by Marcellus.
RE: AUTHORIZE GRANT APPLICATION FOR ROYCE HAIGHT BOOTH YOUTH FUND GRANT –
YOUTH BUREAU
WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center
program, and
WHEREAS, funding is need for contracting for program development and oversight, and
WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and
WHEREAS, the Royce Haight Booth Youth Fund offers funding for between $500 and $3,000 and there
is no local match.
subsequent contracts; subject to review of the Schuyler County Attorney.
Vote: 6-0.
RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD
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BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Greg
Conlon as the Odessa Montour Central School District Representative to the Schuyler County Youth Board for
the term January 1, 2009 through December 31, 2011.
Vote: 6-0.
RE: AUTHORIZE AGREEMENT WITH WATKINS GLEN INTERNATIONAL RACEWAY
FOR THE YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU
WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the
strict income criteria of the Workforce Investment Act Employment Program, and
WHEREAS, the Schuyler County Youth Bureau, in collaboration with the Watkins Glen International
Raceway, are desirous of integrating a temporary seasonal program for the above mentioned youth, and
WHEREAS, the program will employ approximately 75 youth with the wages for the youth and
supervisors to be reimburses by Watkins Glen International Raceway.
WHEREAS, funding is available in the 2009 Youth Bureau budget for transportation costs.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized
to hire and implement the above mentioned employment program from April 15, 2009 through September 30,
2009 for youth ages 14 – 20, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the
contract; subject to approval by the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 68 Motion by Bleiler, Second by Larison.
RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY
SERVICES
WHEREAS, Local Law No. 1 of 2009 amended Local Law No. 1 of 1990 by Resolution 23-09
establishing that there be no term limits for Community Services Board and Subcommittee members, and
WHEREAS, Bert Pyle has expressed interest in continuing on the Mental Health Subcommittee, and
WHEREAS, there is a vacancy on the Mental Health Subcommittee.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the
appointment of Bert Pyle to the Mental Health Subcommittee for the term March 9, 2009 through December 31,
2012.
Vote: 6-0.
RE: ACCEPT AND APPROVE AMENDMENTS TO THE WATERSHED PROTECTION AGENCY’S
ONLINE POLICY AND PROCEDURES HANDBOOK – PUBLIC HEALTH
WHEREAS, the Watershed Protection Agency developed an Online Policy and Procedures Handbook
which has been available to the public since 2007, and
WHEREAS, the Policy and Procedures Handbook was accepted and approved by the Legislature by
Resolution 117-07, and
WHEREAS, recent policy changes have been made by the New York State Department of Health which
impact Watershed Protection Agency programs, and
WHEREAS, amendments have been made to the Watershed Protection Agency Policy and Procedures
Handbook which reflect the New York State Department of Health policy changes.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts and
approves the amendments to the Watershed Protection Agency Online Policy and Procedures Handbook for
posting on the Schuyler County website.
Vote: 6-0.
RESOLUTION NO. 70 Motion by Larison, Second by Marcellus.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL
CHILDREN WITH DISABILITIES FROM JULY 1, 2009 – JUNE 30, 2010 – PUBLIC HEALTH
WHEREAS, Schuyler County must provide transportation to preschool children with disabilities.
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NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Public Health be hereby authorized to
advertise for bids for the transportation of preschool children with disabilities from July 1, 2009 through June 30,
2010, and
BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the
Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891, no later than
9:15 a.m. on May 15, 2009. The bids will be opened that same day in the Legislative Office at 9:30 a.m., at which
time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the June
8, 2009 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept
or reject any and all bids.
Vote: 6-0.
RE: AUTHORIZE AMENDING THE 2009 BUDGET TO REFLECT INCOME RECEIVED FROM THE
SALE OF WHEELCHAIR VAN – OFFICE FOR THE AGING
WHEREAS, the Office for the Aging (OFA) removed the wheelchair van from the OFA fleet of vehicles
due to age, mileage, continuous repairs and current repair needs, and
WHEREAS, the van was sold at auction by the Schuyler County Highway Department for $1,700.00.
amend the 2009 Office for the Aging budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
$1,700.00
6772.1972
Programs for the Aging Revenue
$1,300.00
6772.444
Car Operation & Expense
$ 400.00
6772.457
Repairs
Vote: 6-0.
RE: RECOGNIZE MARCH 2009 AS NATIONAL NUTRITION MONTH – OFFICE FOR THE AGING
AND PUBLIC HEALTH
WHEREAS, the American Dietetic Association hosts an annual campaign to bring awareness to healthy
lifestyles, and
WHEREAS, the focus is on the importance of making informed food choices and developing sound
eating habits and instituting regular physical activity, and
WHEREAS, there is currently a significant issue within Schuyler County with obesity, diabetes and
other health related problems, and
WHEREAS, Americans spent billions of dollars on care, testing and management in 2008, and
WHEREAS, the key to a healthy lifestyle, longevity and quality of life are focused on prevention through
awareness, education and implementation, and
WHEREAS, the Schuyler County Office for the Aging and the Public Health Department provide services
to assist with awareness and education activities as well as direct programming including health clinics, nutrition
education, counseling, exercise programs and more.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes March 2009
as National Nutrition Month and encourages all residents to engage in healthy eating choices and to work to
maintain one’s health by participating in health screenings, reading material relevant to healthy living and
participate in physical activities.
Vote: 6-0.
RE: AUTHORIZE CREATION AND FILLING OF A FULL-TIME LEAD CLEANER POSITION –
WHEREAS, there has been an increase in building square footage from 77,768 in 2007 to 105,245 by the
end of 2009, and
WHEREAS, there is a need in the Buildings and Grounds Department to provide additional leadership on
the evening shift, and
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WHEREAS, the Buildings and Grounds Department is requesting to create and fill this position, upon
approval of the County Administrator, and
WHEREAS, funding for this position is included in the 2009 Buildings and Grounds budget.
NOW, THEREFORE, BE IT RESOLVED, that the Buildings and Grounds Department is hereby
authorized to create and fill a full-time 40 hours per week Lead Cleaner position at an hourly rate of $11.67 to
be placed in Grade 2, as set forth in the Schuyler County Administration Unit Contract.
Vote: 6-0.
RE: AUTHORIZE PROPERTIES OWNED BY SCHUYLER COUNTY TO BE ADDED TO THE
SCHUYLER COUNTY LAND OWNERS COALITION – BUILDINGS AND GROUNDS
WHEREAS, a local group of Schuyler County land owners have met and researched how to maximize
compensation and royalties, negotiate a fair, friendly and environmentally safe contract with Gas and Oil
exploration companies, and
WHEREAS, the Land Owners Coalition (LOC) have enlisted the service of Empire Energy Consultants,
LLC to negotiate contracts for Gas and Oil exploration for all Coalition members, and
WHEREAS, there is no cost to be a member of the Land Owners Coalition or commitment to accept the
negotiated terms of lease, and
WHEREAS, if the County decides that the lease terms where acceptable there would be a one-time fee
of $20 per acre leased.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Building
Maintenance Supervisor to file forms describing properties the County owns.
Vote: 6-0.
RESOLUTION NO. 75 Motion by Larison, second by Fagan.
RE: ACCEPT/REJECT BIDS TO REPLACE AIR CONDITIONING UNIT IN THE SHERIFF’S
DISPATCH CENTER – BUILDINGS AND GROUNDS
WHEREAS, Resolution No. 469-08 authorized the Building Maintenance Supervisor to go out to bid to
replace the Air Conditioning Unit in the Sheriff’s Dispatch Center, and
WHEREAS, Resolution No. 495-08 authorized Beardsley Design Associates to provide design and bid
documents, and
WHEREAS, bids were opened on March 6, 2009.
Building Maintenance Supervisors recommendation of HMI Mechanical Systems, Inc., 345 Route 14 South,
Lyons, NY 14489 as low bidder, at a cost of $48,800 to replace the Air Conditioning Unit in the Sheriff’s
Dispatch Center, and
BE IT FURTHER RESOLVED that the following bid be rejected,
Collins and Walton, Inc.
1525 Lake Street
Elmira, NY 14902
BE IT FURTHER RESOLVED, that the costs are to be paid from the 911 Reserve Fund, and
contract with HMI Mechanical Systems, Inc., at a cost of $48,800, subject to approval of the Schuyler County
Attorney.
Vote: 6-0.
RE: DISCONTINUE USE OF PETTY CASH – HUMAN RESOURCES
WHEREAS, the Human Resources Department has a Fifty Dollar ($50) Petty Cash Fund, and
WHEREAS, since the Human Resources Department was issued a P-Card (credit card), the use of the
Petty Cash is no longer needed.
NOW, THEREFORE, BE IT RESOLVED, that the Fifty Dollar ($50) Petty Cash Fund for the Human
Resources Department is hereby discontinued and said funds returned to the Schuyler County Treasurer.
Vote: 6-0.
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RESOLUTION NO. 77 Motion by Fagan, Second by Field
RE: AUTHORIZE AN INCREASE FROM $100.00 TO $150.00 IN THE PETTY CASH FUND FOR THE
DEPARTMENT OF MOTOR VEHICLES – COUNTY CLERK
BE IT RESOLVED, that the Schuyler County Treasurer be, and is hereby authorized to increase the
Petty Cash Fund in the amount of $100.00 to $150.00 for use by the Department of Motor Vehicles.
Vote: 6-0.
RESOLUTION NO. 78 Motion by Fagan, Second by Field
RE: DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS
WHEREAS, various departments have items to be declared surplus or junk.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County
Legislature hereby declares the attached list (to be placed on file in the Legislative Office) surplus or junk, and
BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an
auction or disposed of.
Vote: 6-0.
RE: ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIANS – BOARD OF
ELECTIONS
Commissioners of Ted Carrolton, Dennis Martinez and Robert Benjamin as the County's Voting Machine
Custodians for a term of January 15, 2009 through January 14, 2010, to be paid $20 an hour for election related
business, and to be paid $50 per machine for inspections done at the Primary and General Elections, to be
funded by the Board of Elections budget, and
Vote: 6-0.
RESOLUTION NO. 80A Motion by Bleiler, Second by Larison.
RE: MOTION TO AMEND RESOLUTION NO. 80 TO INCLUDE WORDING FROM A RESOLUTION
SIMILAR TO ONE FROM ULSTER COUNTY
BE IT RESOLVED, that Resolution No. 80 be amended to include wording from a Resolution similar to
one from Ulster County.
DISCUSSION: Chairman Gifford wanted to make sure all the Legislators read the resolutions received today
from other counties relative to HAVA (on file). Legislator Marcellus agreed to change the wording to be
similar to another County, however felt they should still specify the funding issue. As it is written now, he feels
it lacks clarity. Legislator Fagan said he thought the issue was purchasing software. Administrator O’Hearn
explained that there was a pool of funding with two separate distributions. The Federal Government pulled
back about $50 million from New York State because they had not complied. Legislator Fagan said he
understood that our budget was in the red. O’Hearn said that is correct. There is not enough in the budget line
item to fund the purchase of software. He was contacted by an Election Coalition today suggesting that we
follow suite to encourage not banning the lever machines. Legislator Larison said he is encouraged to see that
other counties have taken action and he feels they should also. He would like to see them vote on one of the
Resolutions from another County and he would then take it to Inter-County in two weeks. Legislator Bleiler
feels they should use the Columbia County version they have versus the one they planned on adopting tonight.
Administrator O’Hearn suggested possibly modifying a “Whereas” clause to show the impact to Schuyler
County. Legislator Marcellus felt they should leave Resolution No. 80 as it is and echo one of the other
counties they have received as a separate Resolution. Legislator Fagan felt enhancing Resolution No. 80 with
wording from the Columbia Resolution would be better. Legislator Bleiler changed his mind and feels they
should use the Ulster County’s wording instead and the Legislature agreed.
Vote: 6-0.
RE: RESOLUTION URGING THE NEW YORK STATE ASSEMBLY, SENATE AND GOVERNOR
AND THE NEW YORK STATE BOARD OF ELECTIONS TO ENACT LAWS, RULES AND
REGULATIONS THAT SPECIFICALLY AUTHORIZE THE CONTINUED USE OF LEVER STYLE
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VOTING MACHINES AS A SOLUTION TO UNWARRANTED EXPENSES TO THE CITIZENS OF
SCHUYLER COUNTY RELATIVE TO HAVA – BOARD OF ELECTIONS – AS AMENDED
WHEREAS, for many decades Schuyler County has successfully used mechanical lever-style voting
machines, with very few problems, and is desirous of continuing to do so, and
WHEREAS, New York State enacted the Election Reform and Modernization Act of 2005 (ERMA) and
other laws that require all lever machines to be replaced and prohibit the use of any lever machines in any future
elections in New York State, and
WHEREAS, said New York State legislation relating to voting machines far exceeds the federal
requirements of Help America Vote Act (HAVA), and
WHEREAS, while Schuyler County has been the recipient of federal funds to implement HAVA, the
state’s additional requirements and method of allocating funds has created undue financial hardship with
mandated expenses far exceeding formula based revenues , and
WHEREAS, said HAVA funding formula is not equitable to the smaller counties in that after purchasing
the necessary voting machines and a minimal amount of training there are no funds left for the remainder of
training and purchasing of the hardware and software necessary to operate the machines and the hiring of
additional personnel to program machines, do the necessary quarterly testing, ballot definition, etc. as there is
for the larger counties, and
WHEREAS, this inequitable formula is placing a severe burden on counties that have a smaller
population and tax base with less ability to raise the funds necessary to purchase the hardware, software and
additional training which in Schuyler County’s case, are in excess of $100,000, and
WHEREAS, both in terms of efficacy and cost efficiency, Schuyler County believes that the continued
used of lever-style voting machines is in the best interest of the public and should be permitted to be used in
future elections, and
WHEREAS, the State’s statutorily required elimination of lever-style voting machines is unnecessary,
inappropriate, and costly to Schuyler County taxpayers, and in these difficult economic times the cost to
implement elections with these new machines will not be paid for by New York State and is an unfunded
mandate.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby urges the New
York State Assembly, Senate and Governor and the New York State Board of Elections to enact laws, rules, and
regulations that specifically authorize the continued use of lever-style voting machines, as a solution to the
unwarranted expenses to the citizens of Schuyler County relative to HAVA and ensuring New York State
continued maintenance of a transparent, secure, accurate and reliable electoral system using lever-style voting
machines, and
BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature shall forward copies
of this resolution to Governor David Paterson, New York State Comptroller’s Office, Senate Majority Leader
Dean O. Skelos, Senate Minority Leader Malcolm Smith, Assembly Speaker Sheldon Silver, Assembly
Majority Leader Ron Canestrari, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, the New
York Sate Association of Counties (NYSAC), and the Inter-County Association of Western New York.
Vote: 6-0.
RE: RESOLUTION TO CONGRESSMAN ERIC MASSA REGARDING FEDERAL FUNDING BEING
TAKEN AWAY FROM THE HAVA PROGRAM – BOARD OF ELECTIONS
WHEREAS, in October 2002, Congress passed the Help America Vote Act (HAVA) to help States
replace antiquated voting systems and make voting accessible to people with disabilities, and
WHEREAS, the Federal Government provided funds to replace lever machines in the State of New
York which has been withdrawn.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the
Federal Government to re-issue County HAVA grant funding to replace lever machine in the State of New York
for the HAVA Program, and
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BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Congressman
Eric Massa, Governor David Paterson, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, the
New York Sate Association of Counties (NYSAC), and the Inter-County Association of Western New York.
Vote: 6-0.
RE: AUTHORIZE GRANT APPLICATION FOR 2008 FIRE PREVENTION AND SAFETY GRANT –
WHEREAS, Department of Homeland Security has offered a competitive grant, under the Assistance to
Firefighters Grants (AFG) program, and
WHEREAS, the Emergency Management Office wishes to apply for Fire Prevention and Safety Grant
(FP&S) in the amount of approximately $70,000.00 to support the Fire Prevention and Fire Investigation
programs, and there is no local match.
sign any and all documents relative to the 2008 Fire Prevention and Safety Grant; subject to the approval of the
Vote: 6-0.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS TO UPGRADE THE LOGGING RECORDER FOR
THE 911 CENTER – EMERGENCY MANAGEMENT
WHEREAS, 21 NYCRR Part 5203.2(e)(1) ensure that all emergency communications to and from all
PSAPs, including telephone and radio transmissions, shall be recorded, and
WHEREAS, it is the advice of the Emergency Management Office with input from the Information
Technology department to upgrade the existing six year old digital recorder, and
WHEREAS, Schuyler County has funding from 911 reimbursement 911 reserve funds to use to maintain
equipment upgrades.
NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator be authorized
to set specifications and to advertise for bids for a Digital Logging Recorder, and/or utilize State Bid Contract
Vendors.
Vote: 6-0.
RE: AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR THREE
NEW VEHICLES – SHERIFF’S DEPARTMENT
WHEREAS, money has been appropriated to lease three new vehicles for the Sheriff’s Department
Road Patrol, and
WHEREAS, such lease has been obtainable through the State bidding procedure.
execute a three-year lease agreement with Ford Motor Credit Company for the Sheriff’s Department for one (1)
2009 Dodge Durango and two (2) 2009 Dodge Chargers, through the State leasing procedure in the total amount
of $2,040.44 a month, funding available in each budget year account no. 3110.204; subject to approval of the
Vote: 6-0.
RESOLUTION NO. 85A Motion by Marcellus, Second by Field.
RE: MOTION TO AMEND RESOLUTION NO. 85 TO ADD ADDITIONAL DISTRIBUTION
CONTACTS
BE IT RESOLVED, that Resolution No. 85 be amended to add additional distribution contacts.
Vote: 6-0.
RE: REQUESTING AND URGING GOVERNOR PATERSON’S ADMINISTRATION TO TAKE
IMMEDIATE STEPS TO MAKE MORE OF OUR NEW YORK STATES, NATURAL GAS
FUELING INFRASTRUCTURE AVAILABLE TO THE MOTORING PUBLIC – AS AMENDED
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WHEREAS, New York State currently has approximately 60 Compressed Natural Gas (CNG) fueling
sites at various agencies and locations, yet only 12 are available for use by the motoring public, and
WHEREAS, dedicated CNG vehicles are now available for purchase by the general public at selected
dealers throughout our state, and
WHEREAS, Natural Gas is an abundant, domestically, and New York State (NYS) produced fuel,
capable of significantly reducing our dependence on foreign oil while spurring our own local economies, and
WHEREAS, Natural Gas is a clean burning motor fuel and expansion of Public access to our existing
CNG fueling infrastructure would give individual Citizens and NYS Businesses the opportunity to take
initiative in reducing their carbon footprints, and
WHEREAS, CNG traditionally costs 40% less per gas gallon equivalent and enhanced access to CNG
would lessen our vulnerability to the radical price swings, increasingly inherent with heavy dependence on
imported foreign oil, and
WHEREAS, the goals of this Resolution are consistent with the ambitious goals for New York State
energy independence as outlined by the Paterson Administration and the "All of the above" philosophy set forth
during our recent Presidential election season, and
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature requests and urges the
Governor’s Office and all State leaders to move expeditiously, offering our motoring public expanded access to
NYS owned CNG fueling infrastructure, and
BE IT FURTHER RESOLVED, that copies of this Resolution be sent to Governor David Paterson,
Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, the New York State Association of Counties
(NYSAC), Inter-County Association of Western New York, Barry Carr, Homeland Security, Clean Energy,
New York State Division of Alternative Fuels, Paul DeCitios, Deputy Secretary for Energy, Jay Darling, New
York State Department of Transportation, Judith Enck, Deputy Secretary to the Environment, Fortuna Energy,
Upstate Economic Development Corp.,NYSERDA, Bob Gillepsie, Founder Green Grand Prix, CNG.com and
T. Boone Pickens.
Vote: 6-0.
RE: ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE
LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE)
WHEREAS, Resolution No. 450-08 authorized advertisement for sealed bids for the application
Renovate on Lamoka Lake and the residual monitoring thereof, and
WHEREAS, bids were opened February 18, 2009 and reviewed, with the recommendation being made
by the Lamoka/Waneta Lakes District Commission to accept the bid from Allied Biological, Inc.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid
from Allied Biological, Inc., for the application of Renovate on Lamoka Lake and the residual monitoring
thereof at the bid price of $173,135.00 for treatment and $720.00 per monitoring round with an estimated total
cost of $177,455.00, and authorizes its Chairman to sign any and all necessary contract documents, subject to
the approval of the Schuyler County Attorney.
Vote: 6-0.
RE: ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE
LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE)
WHEREAS, Resolution No. 451-08 authorized advertisement for sealed bids for the application
Renovate on Waneta Lake and the residual monitoring thereof, and
WHEREAS, bids were opened February 18, 2009 and reviewed, with the recommendation being made
by the Lamoka/Waneta Lakes District Commission to accept the bid from Allied Biological, Inc.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from
Allied Biological, Inc., for the application of Renovate on Waneta Lake and the residual monitoring thereof at
the bid price of $107,320.00 for treatment and $720.00 per monitoring round with an estimated total cost of
$111,640.00, and authorizes its Chairman to sign any and all necessary contract documents, subject to the
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Vote: 6-0.
RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR 2009 – HIGHWAY DEPARTMENT
WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts
involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of
more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the
manner provided by this section.
NOW, THEREFORE, BE IT RESOLVED, that the Purchasing Specialist, in cooperation with the
County Highway Superintendent, be authorized to advertise for bids for materials and supplies for 2009 and/or
participate with the State of New York in its bids, and
BE IT FURTHER RESOLVED, that, as in the past, the Towns and Villages of Schuyler County so
authorized by County Resolution be allowed to participate in said bids.
Vote: 6-0.
RESOLUTION NO. 89A Motion by Larison, Second by Marcellus.
RE: MOTION TO AMEND RESOLUTION NO. 89 TO CHANGE THE WORDING IN THE LAST
WHEREAS CLAUSE
BE IT RESOLVED, that Resolution No. 89 be amended to change the wording in the last Whereas
clause.
Vote: 6-0.
RE: RESOLUTION URGING GOVERNOR PATERSON TO ORDER THE PRINTING AND ISSUING
OF TAX EXEMPTION COUPONS FOR MEMBERS OF INDIAN TRIBES – AS AMENDED
WHEREAS, Sections 274e and 471e of the New York State Tax law call for tribal members to be
exempt from payment of sales and excise taxes on motor fuel and cigarettes, respectively, when purchased on
qualified reservations, and
WHEREAS, failure to enforce these sections of the law has led to tax inequity, whereby Indian
businesses that do not collect sales and excise taxes from their customers are given an unfair competitive
advantage over non-Indian businesses that must collect these taxes, causing many non-Indian businesses to
close, and
WHEREAS, failure to enforce these laws has meant that the State of New York has failed to collect
billions of dollars of revenue that it was due, and
WHEREAS, the State of New York is facing a budget deficit next year in excess of $15 billion and
income from this source would produce revenue approaching $1 billion annually, and
WHEREAS, failure to collect these cigarette and gasoline taxes will mean that many worthy social and
economic development programs will have to be cut back or discontinued next year and in the future, and
WHEREAS, Governor Paterson has acknowledged that the policy of forbearance followed by three
previous Governors has not worked and that the present tax inequity is untenable, and
WHEREAS, the printing and issuing of tax-exemption coupons for tribal members is the only legal
method of enforcement of current tax law, the establishment of tax equity, and the collection of revenue which
otherwise must come from property and income taxes.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges Governor
Paterson to order the printing and issuing of tax exemption coupons to Indian tribal members immediately, so
that sections 274e and 471e of the New York State tax law can be enforced, tax equity can be restored, and
revenue much-needed by the state and counties can be collected, and
BE IT FURTHER RESOLVED, that copies of this Resolution shall be sent to the Chairs of all County
Legislatures and Boards of Supervisors with a request that their Legislature or Board adopt a similar resolution
and send it to the Governor and their State Legislators, and
BE IT FURTHER RESOLVED, that copies of this Resolution shall also be sent to Senate Majority
Leader Malcolm Smith, Senate Minority Leader Dean Skelos, Speaker of the Assembly Sheldon Silver, State
Senator Charles E. Schumer and State Senator Kirsten E. Gillibrand.
36
DISCUSSION: Legislator Bleiler wanted an explanation. Attorney Coleman explained that the Treaty of 1795
constitutes an Indian Tribe discrepancy now with the Federal Law. In this case we have a collision. The State
of New York wants to tax everything in site such as cigarettes, fuel and everything sold on an Indian
reservation. He would recommend that the 7th Whereas clause say “method of enforcement” rather than “for
solution impediment”. Administrator O’Hearn explained that the State now wants to enforce this for the entire
population and not just tribal.
Vote: 6-0.
RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY PLANNING COMMISSION
individual to the Schuyler County Planning Commission for the term January 1, 2009 through December 31,
2010.
Rita M. Schreiber, Town of Orange
Vote: 6-0.
RESOLUTION NO. 91 Notion by Larison, Second by Field.
RE: AUTHORIZE THE CREATION AND FILLING OF ONE (1) FULL-TIME TEMPORARY MOTOR
EQUIPMENT OPERATOR POSITION – HIGHWAY DEPARTMENT
WHEREAS, we have one Heavy Equipment Operator (HEO) position that will be vacant on March 2 nd,
due to Medical Leave for six to eight weeks, and
WHEREAS, it is the recommendation of the County Highway Superintendent to create one (1) new
Temporary Motor Equipment Operator (MEO) position to fill the above mentioned vacancy, upon the approval
of the County Administrator, and
WHEREAS, funding for this position is included in the 2009 Highway Department budget.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent is hereby
authorized to create and fill one (1) Full-Time Temporary Motor Equipment Operator (MEO) position at an
hourly rate of $14.44, as set forth in the CSEA Highway Union Contract, effective February 23, 2009.
Vote: 6-0.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL – COUNTY OF
SCHUYLER - TOWN OF READING
WHEREAS, an application for correction of real property taxes has been made in accordance with
Section 554 of the Real Property Tax Law (RPTL) for parcel 30.00-3-27.1, owned by Schuyler County, in the
Town of Reading, and
WHEREAS, the property was acquired by the county in September of 2008, and
WHEREAS, all prior liens are expunged when the county forecloses on delinquent tax property, and
the county is then exempt for County & Town tax purposes, and
WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances
of the alleged error and found that the current tax due of $4,698.59 constitutes an unlawful entry as defined in
RPTL Section 550(7)a, and
WHEREAS, it is the recommendation of the Director to approve the application.
NOW, THEREFORE, BE IT RESOLVED, that the application is hereby approved, and
BE IT FURTHER RESOLVED, that the tax due on this parcel be expunged from the roll, and that the
tax roll and warrant be adjusted accordingly with the proper charge-backs made to the Town and the Dundee
Central School District, and
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Tax Collector in the Town
of Reading along with a corrected warrant.
Vote: 6-0.
Vote: 6-0.
37
RE: AUTHORIZE THE CREATION AND FILLING OF A FULL-TIME TEMPORARY MOTOR
VEHICLE LICENSE CLERK POSITION – COUNTY CLERK
WHEREAS, the Senior Clerk in the Department of Motor Vehicles has been off on medical leave for
approximately two months and will remain off for an extended period of time, and
WHEREAS, this leaves the Department of Motor Vehicle shorthanded with their busiest period
approaching, and
WHEREAS, the County Clerk is requesting to create this position, upon the approval of the County
Administrator, and
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Clerk is hereby authorized to
create and fill the position of a full-time Temporary Motor Vehicle License Clerk at an hourly rate of $12.49,
placed in Grade 3 as set forth in the Administrative Unit Contract, effective immediately until such time as the
Senior Clerk returns to work or until her planned retirement in November.
Vote: 6-0.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE
ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF
THE MUNICIPAL HOME RULE LAW
WHEREAS, Schuyler County was authorized, by state legislation, to increase sales tax by 1% effective
March 1, 2000, and
WHEREAS, this authorization needs to be renewed every two years, and the current authorization will
expire at the end of 2009, and
WHEREAS, the New York State Legislature could authorize the Schuyler County Legislature to
continue to impose an additional 1% sales tax for another two-year period.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the
New York State Legislature to adopt special legislation to amend such laws, including the New York State Tax
Law, to authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for the
years 2010-2011, and
BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas F. O’Mara and to the Majority and
Minority Leaders of the New York State Senate and Assembly.
Vote: 6-0.
NEW BUSINESS: None
Legislator Marcellus reported on the Community Development & Natural Resources Committee. He
asked if everyone has read the Chamber announcement. He shared a Resolution from the Chamber announcing
their new name and logo. He feels this is a very smart decision with the name recognition of Watkins Glen and
that it is a good thing they have done.
COUNTY ADMINISTARTOR’S REPORT; Nothing to report.
SPECIAL MEETING
APRIL 8, 2009
The April 8, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan followed by a moment of Silence.
38
All Legislators were present except Legislators Yuhasz and Marcellus who were excused. County Attorney
James Coleman was excused. County Administrator O’Hearn was present.
RE: RATIFICATION OF SPECIAL MEETING
BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon
the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the
following items of business:
1.
AUTHORIZE APPLICATION TO THE NEW YORK STATE DEPARTMENT OF
TRANSPORTATION FOR A SCHUYLER COUNTY TRANSIT CAPITAL ASSISTANCE
GRANT
Vote: 6-0.
RE: AUTHORIZE APPLICATION TO THE NEW YORK STATE DEPARTMENT OF
TRANSPORTATION FOR A SCHUYLER COUNTY TRANSIT CAPITAL ASSISTANCE GRANT
WHEREAS, Schuyler County is submitting a request for a grant of funds to the New York State
Department of Transportation, pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA) for
the purchase of up to or approximately three buses and related equipment, and
WHEREAS, Schuyler County and the State of New York will enter into an Agreement which authorizes
the undertaking of the Project, and reimbursement to the municipality of 100% of the project cost through the
American Recovery and Reinvestment Act of 2009 at a cost of up to or approximately $400,000.
sign the following:
1) The application for funding;
2) Any and all Agreements between Schuyler County and the State of New York for the above named
Project;
3) Any and all Agreements between Schuyler and any third party subcontractors necessary to complete the
Project; and
4) Any and all Municipality/Vendor Contracts for the purchase and/or installation of vehicles and/or
equipment pursuant to the application and agreement; subject to the approval of the Schuyler County
Attorney.
DISCUSSION: County Administrator O’Hearn explained that the Department of Transportation (DOT)
approached the County about this grant opportunity. This is a grant application to purchase three buses and
related equipment to make trips to the four villages, with Arc to be a potential operator. The County is the
applicant, and he feels there is a good chance of receiving the funding and the buses to go with it. This allows
us to expand public transit in the County. DOT thought it would be the stimulus we need. This allows us to
move forward. Legislator Fagan asked how much he is applying for. Administrator O’Hearn said the
application is for $304,000 for all related equipment. The buses are $65,000 each and the remaining $100,000
will cover equipment, bus shelters, signage, radios, GPS tracking software, etc. It should cover everything they
need. Legislator Bleiler feels it is good sum of money and a great stimulus. He then asked how long this
program will be tried out for. O’Hearn said for approximately fourteen months. The Arc’s board has agreed to
one year to start out with, as difficult as that may be. It will end up being a multi-year plan and if the Arc
should opt out as our operator the program and the buses would be run by the County. Legislator Fagan felt it
leaves the west side of the County cold. O’Hearn said they can look at it in the future and possibly expand and
have the ability to purchase additional buses. Arc is willing to move forward at this point. Legislator Fagan
asked if he knew any rates, or was it too early? O’Hearn said it was too early. He did explain that there would
be different rates for different populations. The County is already spending funds on Human Services. The Arc
could generate revenue which they have not been able to do before with STOA funding. He feels it should be a
win-win situation. It is a competitive grant, but he feels good about it.
Vote: 6-0.
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REGULAR MEETING
APRIL 13, 2009
The April 13, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan, followed by a moment of Silence.
All Legislators were present except Legislator Yuhasz who was excused. County Attorney James Coleman and
County Administrator O’Hearn were also present.
RE: APPROVE MINUTES OF THE MARCH 9, 2009 REGULAR MEETING OF THE SCHUYLER
COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the March 9, 2009 Regular Meeting, of the Schuyler County
Vote: 7-0.
RESOLUTION NO. 99 Motion by Karius, Second by Bleiler.
RE: AUTHORIZE ADVERTISEMENT FOR A NEW EMERGENCY SERVICES PAGING AND RADIO
INTEROPERABLE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT
WHEREAS, the current communication system is inadequate to meet current and future
communications needs, and
WHEREAS, the communication system is the lifeline for emergency responders including Law
Enforcement, Fire Service, Emergency Medical Service and Public Works as well as essential to public safety,
and
WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts
involving an expenditure of more than $10,000 shall be awarded to the lowest responsible bidder after
advertising for sealed bids in the manner provided by this section.
NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to
advertise for bids for a paging and interoperable radio communication system.
Vote: 7-0.
RE: AUTHORIZE AGREEMENT WITH SOCIAL SERVICES FOR THE TANF SUMMER YOUTH
EMPLOYMENT PROGRAM – YOUTH BUREAU
WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the
strict income criteria of the Workforce Investment Act Employment Program, and
WHEREAS, the Schuyler County Youth Bureau through a contract with the Department of Social
Services, will implement the Summer Youth TANF Employment Program, and
WHEREAS, the program will employ approximately 20 youth with the wages for the youth and
supervisors paid through the TANF money.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized
to hire and implement the above mentioned employment program from May 1, 2009 through September 30,
2009 for youth ages 14 – 20, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a
contract with the Department of Social Services for the Youth Bureau for said program; subject to approval by
Vote: 7-0.
RE: ESTABLISH 2009 – 2010 LEAD GRANT – PUBLIC HEALTH
WHEREAS, Schuyler County’s annual Lead Grant will be $23,732 for the period April 1, 2009 through
March 31, 2010.
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NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to
establish the 2009 – 2010 Lead Grant Budget, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and
all documents relative to this grant, subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLTUION NO. 102 Motion by Larison, Second by Field.
RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER HOSPITAL, INC. FOR PHYSICAL
THERAPY SERVICES FOR 2009 – PUBLIC HEALTH
WHEREAS, Schuyler County Public Health contracts with Schuyler Hospital for Physical Therapy
procedures that require a cumbersome piece of equipment that cannot be taken into the home, and
WHEREAS, Schuyler Hospital has requested an increase in the rates for these services, and
WHEREAS, funds are available in the 2009 Public Health budget to provide for the proposed rate
increases.
execute a contract renewal with Schuyler Hospital, Inc. to provide Physical Therapy Services at the following
rates, funding available in the Public Health budget, account no. 4010.490, subject to the approval of the Schuyler
County Attorney.
Paraffin Bath
$100.88 per treatment
Small Whirlpool
$100.88 per treatment
Contrast Baths
$62.40 per 15 minutes
Prosthetic Training
Splint Fabrication
$52.15 per 15 minutes (unchanged)
Removal of Devitalized Tissue
Therapeutic Exercises Requiring Large Equipment
Vote: 7-0.
RE: RECOGNIZE MAY 3-9, 2009 AS CHILDREN’S MENTAL HEALTH WEEK – COMMUNITY
SERVICES
WHEREAS, the citizens of The Empire State value their health and that of their families and fellow New
Yorkers, therefore, they are proud to support observances such as Children’s Mental Health Week, and
WHEREAS, almost 21 percent of children and adolescents aged 9-17 in the United States have a mental
health challenge, nearly 11 percent suffer from a major mental challenge that results in significantly impaired
behavior at home, at school and among peers, 5 percent have extreme functional impairment with their illness, and
WHEREAS, it is important that children and adolescents, along with their families and communities, learn
about the warning signs of mental health challenges and where to obtain necessary assistance and treatment, and
WHEREAS, obtaining a full and accurate diagnosis of a child requires gathering information from diverse
sources, including the family, school and others involved with that child, and
WHEREAS, early diagnosis and appropriate treatment of mental health challenges among children and
adolescents provide them better opportunities to lead full and productive lives, and
WHEREAS, the participation of family members in the assessment and treatment of children and
adolescents is integral to positive clinical outcomes, and
WHEREAS, Children’s Mental Health Week was developed by families of youth with emotional,
behavioral and social challenges to focus on the needs of their children and families, and
WHEREAS, in celebrating this week, it is fitting to increase public awareness among all New Yorkers of
this important issue and diminish stigma.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 3-9,
2009 As Children’s Mental Health Week.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH MARGARET MORRISON/MORRISON THERAPEUTIC
SERVICES FOR PRESCHOOL RELATED SERVICES – PUBLIC HEALTH
41
WHEREAS, Schuyler County is required to provide Preschool Special Education Services and Related
Therapy Services to children determined to be in need of such services, and
WHEREAS, Margaret Morrison/Morrison Therapeutic Services is able to provide the Related Therapy
Services for children residing in Schuyler County, and
WHEREAS, the rate for Related Therapy Services will be $60.00 per half hour session.
enter into a contract with Margaret Morrison/Morrison Therapeutic Services for the provision of Children’s
Preschool Therapy Services, effective April 1, 2009 through June 30, 2010, at the rate of $60 per half hour
session, to be renewed annually, July 1, 2010 through June 30, 2011 funds available in the Public Health budget,
account no. 2960.400, subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH MARGARET MORRISON/MORRISON THERAPEUTIC
SERVICES FOR EARLY INTERVENTION SERVICES – PUBLIC HEALTH
WHEREAS, the Public Health Department is required to provide Early Intervention Services for children,
and
WHEREAS, Margaret Morrison/Morrison Therapeutic Services is approved as a provider for Early
Intervention Services, and
WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New
York State Department of Health and are not subject to negotiation.
enter into a contract with Margaret Morrison/Morrison Therapeutic Services for Early Intervention Services,
effective April 1, 2009 through December 31, 2009, at rates established by the New York State Department of
Health, to be renewed annually on a calendar year, funds available in the Public Health budget, account no.
4054.490, subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RE: ESTABLISH 2009 - 2010 IMMUNIZATION GRANT - PUBLIC HEALTH
WHEREAS, Schuyler County’s annual Immunization Grant will be $30,000 for the period April 1, 2009
through March 31, 2010.
establish the 2009 - 2010 Immunization Grant Budget, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and
all documents relative to this grant, subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RE: PROCLAIM MAY 2009 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING, PUBLIC
HEALTH, MENTAL HEALTH SERVICES, FAMILIES FIRST/NY CONNECTS, THE NEW FALLS
HOME, SENECA VIEW SKILLED NURSING FACILITY AND ADULT PROTECTIVE SERVICES
WHEREAS, Schuyler County is a community in which over 3,700 citizens age 60 and over make their
home, and
WHEREAS, older adults in Schuyler County and throughout the nation are an increasing population
with evolving needs, and
WHEREAS, older Americans are valuable members of our society who enhance our communities and
personal lives, and
WHEREAS, the increasing number of baby boomers reaching traditional retirement age highlights the
need for increased support of older adults, and
WHEREAS, our older citizens of today and tomorrow promise to be among the most active and
involved older adult populations in our nation’s history, and
42
WHEREAS, it is the responsibility of this and all U.S. communities to work collaboratively to address
older adults’ unique health and long-term care challenges, and
WHEREAS, it is crucial that communities implement systems of care to help empower older Americans
and give them more control over their own lives, and
WHEREAS, communities can improve older citizens’ overall quality of life by helping them. Make
behavioral changes in their lifestyles that can reduce the risk of disease, disability, and injury, obtain the tools
they need to make informed decisions about, and gain better access to, existing health and long-term care
options in their communities and have more options to increase services for people to remain at home as long as
possible.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim
May 2009 to be Older Americans Month and urges everyone to take time this May to honor our older adults and
the professionals, family members, and citizens who care for them. Our efforts can improve the lives of our
older citizens and help pave the way for future generations.
DISCUSSION: Legislator Marcellus said he received an invitation from the Office for the Aging to participate
in the Mayors for Meals Benefit this year. He would like all of you to participate next year if invited. He was
amazed. This is a life line for our senior citizens and it allows them to stay in their homes. He was very
impressed and pleased to take part in this program.
Vote: 7-0.
RE: RECOGNIZE APRIL 2009 AS PARKINSON DISEASE AWARENESS MONTH – OFFICE FOR
THE AGING AND PUBLIC HEALTH
WHEREAS, the health and well-being of the citizens of Schuyler County is of great importance, and
WHEREAS, a growing trend of diagnoses of Parkinson Disease or Parkinson-like symptoms are being
noted, and
WHEREAS, Parkinson Disease is a chronic, progressive, neuro-degenerative disease with four (4)
primary symptoms including tremors, rigidity, bradykinesia and postural instability, and
WHEREAS, data shows that 1 in 272 individuals are diagnosed with Parkinson Disease with an
estimated 3-4 million more undiagnosed, and
WHEREAS, striking more than 1.5 million people in the United States, Parkinson’s Disease is most
commonly associated with persons over the age of 50, and
WHEREAS, there are multiple organizations dedicated to research to find a cure which has led to the
development of new, more effective treatments and better therapies, and
WHEREAS, Schuyler County applauds the dedication of persons involved in the medical care and
quality of life management of individuals suffering from Parkinson’s, along with those who provide support
services critical to persons afflicted with this disease as well as their families, and
WHEREAS, we furthermore recognize the importance of raising public awareness of Parkinson Disease
and the efforts to effectively treat those diagnosed.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize
April 2009 as Parkinson Disease Awareness Month.
Vote: 7-0.
RE: RESOLUTION TO AUTHORIZE THE CERTIFICATION OF THE 2007 COST ALLOCATION
PLAN – SOCIAL SERVICES
BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the 2007 Cost Allocation Plan
prepared by Venesky and Company for the Schuyler County Department of Social Services’ claiming of
county-wide administrative costs and maintenance in lieu of rent in 2009, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the
plan to the NYS Office of Temporary and Disability Assistance.
Vote: 7-0.
RE: RECOGNIZE APRIL 19-25, 2009 AS WEEK OF THE YOUNG CHILD
43
WHEREAS, Schuyler Head Start, Inc. and other local organizations, in conjunction with the National
Association for the Education of Young Children are celebrating the Week of the Young Child, April 19-25,
2009, and
WHEREAS, these organizations are working to improve early learning opportunities, including early
literacy programs, that can provide a foundation of learning for children in Schuyler County, New York, and
WHEREAS, teachers and others who make a difference in the lives of young children in Schuyler
County, New York deserve thanks and recognition, and
WHEREAS, public policies that support early learning for all young children are crucial to young
children’s futures.
April 19-25, 2009 as the Week of the Young Child in Schuyler County, New York and encourage all citizens to
invest in early childhood development in Schuyler County, New York.
Vote: 7-0.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS TO PURCHASE IP TELEPHONES – BUILDINGS &
GROUNDS
WHEREAS, the County has a “Voice and Data Communications Equipment Reserve” account
generated from revenues received through the Central Services Phone Account for the purposes of funding such
items as phone equipment, and
WHEREAS, expenditures shall be made from this fund only upon authorization from this Legislative
body pursuant to Section 6-c of the General Municipal Law, and
WHEREAS, it is the recommendation of the Building Maintenance Supervisor that the County request
bids for the purchase of 55 IP phones for the newly renovated offices at the County Complex.
NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor is hereby
authorized to advertise for bids to purchase 55 phones.
Vote: 7-0.
RE: AUTHORIZE CHANGE ORDER #GC05 WITH ACE UNLIMITED FOR THE GENERAL
WHEREAS, Resolution No. 391-08 authorized a contract with ACE Unlimited for the General
Complex.
WHEREAS, there is a need to construct three additional rooms on the second floor, and
WHEREAS, Change Order #GC05 proposes to construct the three additional rooms for a total additional
cost of $14,632, and
$642,200
Amount Contract Increased by Previous Change Orders
$ 17,678
Amount Contract will Increase by Change Order #GC05
$ 14,632
$674,510
sign Change Order #GC05 proposal at a total cost of $14,632 with ACE Unlimited, subject to approval of the
Vote: 7-0.
RE: AUTHORIZE AMENDING THE 2009 COUNTY ROAD BUDGET FOR FEDERAL STIMULUS
FUNDS AT 100% REIMBURSEMENT FOR SHOVEL READY PROJECTS - HIGHWAY
44
WHEREAS, the Highway Department has applied for funds in the amount of $250,000 for shovel ready
projects at 100% reimbursement, and
WHEREAS, there needs to be an amendment to the County Road Fund budget for these funds.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer amend the 2009 County Road
Fund for the expense and revenue:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$250,000.00
5112-342
Reconstruction of CR 16
+$250,000.00
0002.4597
Federal Aid Other Revenues, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a
contract with the NYS Department of Transportation that will be assigned to this project, subject to approval of
Vote: 7-0.
RE: AUTHORIZE CREATION AND FILLING OF ONE (1) FULL-TIME TEMPORARY MOTOR
EQUIPMENT OPERATOR (MEO) POSITION AND ABOLISH ONE (1) FULL-TIME TEMPORARY
LABORER POSITION –HIGHWAY DEPARTMENT
WHEREAS, there are currently four (4) Temporary Laborer Positions approved in the Highway
Department, and
WHEREAS, the Highway Superintendent and the Public Works Committee have decided it would be
beneficial to abolish one (1) full-time Temporary Laborer Position and create and fill one (1) full-time
Temporary Motor Equipment Operator Position (MEO), and
WHEREAS, the funding for this position is available in the 2009 account no. 5110.100-Personnel
Services.
NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is authorized to create and
fill one (1) full-time Temporary Motor Equipment Operator position (MEO) at the rate of $14.44 per hour for
not more than a six (6) month period, effective immediately, and
BE IT FURTHER RESOLVED, that one (1) full-time Temporary Laborer position be abolished.
Vote: 7-0.
RE: AUTHORIZE APPOINTMENT OF RECORDS ACCESS OFFICER
WHEREAS, it is the recommendation of the Human Resources Director and the Clerk of the Legislature
that a Records Access Officer be appointed for the County and that the County Administrator position be
revised to assume said responsibilities.
NOW, THEREFORE, BE IT RESOLVED, that the County Administrator be hereby designated as the
Schuyler County Records Access Officer, effective immediately.
Vote: 7-0.
RE: DECLARE EQUIPMENT JUNK FOR VARIOUS DEPARTMENTS – TREASURER OFFICE
BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare
said equipment as junk.
BE IT FURTHER RESOLVED, that the following equipment below be disposed of:
Asset #
Description
Department
1343
IBM Selectric III typewriter
DSS
1891
UPS Battery backup
DSS
4523
UPS Battery backup
DSS
None
Dell Monitor 17”
DSS
None
Dell Laptop
DSS
1904
2 Draw w/lock file cabinet (beige)
Prob
(lock broken beyond repair per B&G)
2129
File Cabinet 4 drawer
Emerg Mgmt
2135
File Cabinet 4 drawer
Emerg Mgmt
Simplex Alarm Box
Emerg Mgmt
Alarm Box
Emerg Mgmt
Office Chair Red
Emerg Mgmt
(3) 911 Center Dispatch Chairs
Emerg Mgmt
45
2213
2217
N/A
N/A
Vote: 7-0.
RE: DECLARE TWO (2) VEHICLES AS SURPLUS EQUIPMENT – TREASURER OFFICE
WHEREAS, the Highway Department and the Sheriff’s Department wish to declare two vehicles as
surplus.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County
Legislature hereby declare said vehicles as surplus, and
BE IT FURTHER RESOLVED, that said vehicles be auctioned off.
Asset#
Description
Department
627
1945 GMC 6x6 Truck w/leRoi Engine/Compressor
Highway
5688
1996 Dodge Caravan VIN #1 B4GP54L2TB170880
Sheriff
Vote: 7-0.
RE: AUTHORIZE THE CREATION OF A CRIME VICTIMS TRUST FUND ACCOUNT – DISTRICT
ATTORNEY
WHEREAS, the Schuyler County District Attorney’s Office wishes to create a trust fund account in
order to receive donations and funds to assist domestic violence victims and others who may be in need of
immediate assistance, and
WHEREAS, said office is already in receipt of funding in the amount of $69.25.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the Schuyler
County Treasurer to set up a Crime Victims Trust Fund account for the Schuyler County District Attorney’s
Office.
DISCUSSION: Legislator Bleiler questioned rather we have controls in place for this account. Legislator
Fagan shared the same concern. The Clerk read an email she received from the Treasurer, Margaret Starbuck,
that states that the District Attorney’s Office will be keeping all of the documentation for the auditors. They
will need to justify the need to the Treasurer and send over the request to the Treasurer to release a debit card
for the victim. The Treasurer does not want to know who the victim is. She will only keep the justification on
file. This process has been approved by the County’s auditing firm.
Vote: 7-0.
RE: PROCLAIM MAY 3-9, 2009 AS NATIONAL COUNTY GOVERNMENT WEEK – GREENING
OUR FUTURE
WHEREAS, the nation’s 3,068 counties provide a variety of essential public services to communities
serving 300 million Americans, and
WHEREAS, Schuyler County and all counties take seriously their responsibility to protect and enhance
the health, welfare and safety of its residents in sensible and cost-effective ways, and
WHEREAS, many County government initiatives and programs involve the protection of valuable and
vulnerable environmental resources in communities, and
WHEREAS, the National Association of Counties is the only national organization that represents
County government in the United States, and
WHEREAS, the National Association of Counties created National County Government Week in 1991
to raise public awareness and understanding about the roles and responsibilities of the nation’s counties to meet
the needs of the community, and
WHEREAS, NACo and Schuyler County are working together to Restore the Partnership between all
levels of government to better serve American communities.
46
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby proclaims May
3-9, 2009 as National County Government Week and encourage all Schuyler County officials, employee, school
and residents to participate in County government week activities.
Vote: 7-0.
RE: RECOGNIZE THE WEEK OF APRIL 19-25, 2009 AS “NATIONAL VOLUNTEER WEEK”
WHEREAS, the citizens of Schuyler County have, through selfless dedication, given of themselves for
the betterment of this community, and
WHEREAS, these citizens serve, through countless hours of volunteering, the agencies and institutions
of Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby recognize
April 19-25, 2009 as “National Volunteer Week” in Schuyler County, and
BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue
to enrich our lives, through their most excellent example; their warmth, commitment and generosity, being an
inspiration to us all. To each of them we express the thanks of a grateful citizenry.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH FREDERICK M. CERIO, ESQ. FOR CHILD PROTECTIVE
ATTORNEY SERVICES - COUNTY ATTORNEY’S OFFICE
$20,000.
execute a contract with Frederick M. Cerio, Esq. for Child Protective Attorney Services for the County
Attorney’s Office effective April 1, 2009 through December 31, 2009, funding available in the 2009 County
Attorney budget account no. 1420.401; subject to approval of the Schuyler County Attorney.
DISCUSSION: Legislator Marcellus said it seems that we are spending more for prosecution. He asked if
there is anything they can do to stem the tide. Attorney Coleman said they prosecute all the cases. Legislator
Marcellus asked why there was such an increase in the number of prosecutions. Attorney Coleman explained
that over the years the trend has always been increasing. Legislator Fagan said there was a change in the
reporting structure last year. Legislator Marcellus asked the County Attorney if his office works to refer cases
versus prosecute them. Attorney Coleman explained the there are various means of referrals. He assured
Legislator Marcellus that this is exercised frequently. They try and reunite under means other than the courts.
Legislator Marcellus asked why they then need an additional $20,000 increase in funding? Attorney Coleman
stated that this had been well demonstrated that his office that his Assistant County Attorney is overwhelmed
with her workload. Legislator Marcellus asked how and when was this information shared in Committee?
Attorney Coleman said he justified the need to the Commissioner of Social Services. It is demand driven.
Legislator Marcellus asked if there were other options or if the County Attorney had other funds in his budget to
pay for this attorney. Attorney Coleman said no there is not. He explained that his office operates on a razor
thin margin and there is no margin for error. Legislator Bleiler asked if this was a planned budgeted item.
Administrator O’Hearn said yes it was. Legislator Fagan stated that last years reports where the highest we
have ever had. He expects an upswing over the next five years. Administrator O’Hearn said historically when
the economy is bad, this seams to generate a higher rate of domestic violence. During the budget process we
looked at the Performance Based Budget and the case load. I am the last person to agree to extra funding just
because you have to work hard. He aggress that the Assistant County Attorney needs the help. Legislator
Marcellus asked if it was routine for caseworkers to refer to the County Attorney. Attorney Coleman said a
referral does not mean a petition, but it does mean a consultation. He explained that this process is last resort
not first resort. Administrator O’Hearn said the numbers are increasing, and our caseworkers take their cases
seriously.
Vote: 6-1. No: Marcellus.
47
RE: RESOLUTION URGING THE STATE LEGISLATURE TO PASS JILLY’S LAW, SENATE BILL
S.1401 AND ASSEMBLY BILL A.3035
WHEREAS, New York State Senate Bill 1401 and New York State Assembly Bill 3035 would permit
courts to consider violations of court orders, history of threats or violence against an alleged victim, previous
records of protection against the individual, the violent nature of the charged crime, the impact that the crime
had against the victim and other relevant circumstances when determining bail in domestic violence cases.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature pause in its
deliberations to acknowledge the importance of “Jilly’s Law” and urges the immediate passage and chaptering
of New York State Senate Bill 1401 and New York State Assembly Bill 3035, which will provide additional
protection to victims of domestic violence, and
BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Governor David
Paterson, Assembly Speaker Sheldon Silver, Majority Leader Malcolm Smith, Attorney General Andrew
Cuomo, Senator George H. Winner, Jr., and Assemblyman Thomas F. O’Mara.
Vote: 7-0.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL
S.3224 AND ASSEMBLY BILL A.6789 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR
SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW
BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State
Legislature pass Senate Bill S.3224 and Assembly Bill A.6789 to adopt special legislation, an act to amend the
tax law, in relation to the tax law on sales and the compensating use tax to be imposed in the County of
Schuyler, and
BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York
State Senator George H. Winner, Jr., New York State Assemblyman Thomas F. O’Mara, and to the Majority
and Minority Leaders of the New York State Assembly and Senate.
Vote: 7-0.
RE: AUTHORIZE RESCINDING RESOLUTION NO. 92-09 TITLED “RESOLUTION TO APPROVE
APPLICATION FOR CORRECTED TAX ROLL – COUNTY OF SCHUYLER - TOWN OF
READING”
WHEREAS, Resolution No. 90-09 authorized an application for correction of real property taxes on
property owned by Schuyler County, and
WHEREAS, said property taxes were in fact paid in November of 2008 for this property and the tax
deed was never recorded.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 92-09 be rescinded because the property
does not belong to the County.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH CME ASSOCIATES, INC. FOR CONSTRUCTION TESTING –
WHEREAS, to insure product and procedure conformity certain material testing is required for products
such as concrete, steel and fill material compaction by a third party, and
WHEREAS, three quotes have been acquired and it is Hunt Engineers, Architects & Surveyors
recommendation to accept the lowest proposal from CME Associates, Inc., 701B Chemung Street, Horseheads,
NY 14845, and
WHEREAS, funding is available in the Shared Services Public Works Facility Capital Reserve account
no. 004-1620-211.
enter into contract with CME Associates, Inc. at a not to exceed price of $7,500, subject to approval of the
48
Vote: 7-0.
RE: AUTHORIZE CHANGE ORDER #H02 WITH HMI MECHANICAL SYSTEMS, INC. FOR THE
MECHANICAL CONSTRUCTION PORTION OF THE COURTHOUSE COMPLEX
CONSTRUCTION PHASE II – BUILDINGS AND GROUNDS
WHEREAS, Resolution No. 393-08 authorized a contract with HMI Mechanical Systems, Inc., for the
Mechanical Contractors Portion of the Courthouse Complex Construction Phase II for remodeling in the
Courthouse Complex.
WHEREAS, there are three additional rooms being constructed on the second floor, and
WHEREAS, there is a need for additional HVAC components in this area, and
WHEREAS, Change Order #H02 proposes to provide and install the HVAC modifications to
accommodate these three rooms for a total additional cost of $5,104, and
$ 367,990
Amount Contract Decreased by Previous Change Order
-$ 18,700
Amount Contract will Increase by Change Order H02
$ 5,104
$ 354,430
sign Change Order #H02 proposal at a total cost of $5,104 with HMI Mechanical Systems, Inc., subject to
Vote: 7-0.
RE: AUTHORIZE CHANGE ORDER #E03 WITH G.O. WICK, INC. FOR THE ELECTRICAL
WHEREAS, Resolution No. 392-08 authorized a contract with G.O. Wick, Inc., for the Electrical
Contractors portion of the Courthouse Complex Construction Phase II for remodeling in the Courthouse
Complex.
WHEREAS, there are three additional rooms being constructed on the second floor, and
WHEREAS, there is a need for additional electrical wiring and fire alarm components in this area, and
WHEREAS, Change Order #E03 proposes to provide and install the electrical and fire service
mechanisms for these three rooms for a total additional cost of $6,978, and
$ 225,570
Amount Contract Increased by Previous Change Orders
$ 1,084
Amount Contract will Increase by Change Order E03
$ 6,978
$ 233,632
sign Change Order #E03 proposal at a total cost of $6,978 with G.O. Wick, Inc., subject to approval of the
Vote: 7-0.
RE: AUTHORIZE APPOINTMENT TO THE SOIL & WATER CONSERVATION BOARD
WHEREAS, Doug Learn representing the Grange has stepped down from his three year appointment to
the Soil & Water Conservation Board.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the
appointment of Gary Gaige to fill the unexpired term of April 13, 2009 – December 31, 2011.
Vote: 7-0.
49
RE: ACCEPT/REJECT BIDS FOR CRUSHED STONE (LIMESTONE) & CRUSHED GRAVEL –
HIGHWAY DEPARTMENT
WHEREAS, the Purchasing Department, in cooperation with the County Highway Superintendent
recommend exercising the first of a two-year contract renewal option for Crushed Stone (Limestone) & Crushed
Gravel, and
WHEREAS, the following bidder has agreed in writing to extend the original agreement under the same
terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following
bid extension:
Hanson Aggregates, Inc.
Seneca Stone
4800 Jamesville Rd.-PO Box 513
PO Box 76
Jamesville, NY 13078-0513
Fayette, NY 13065
Blades-Steuben Crushed Stone
PO Box 590
Hornell, NY 14843
Dalrymple Gravel & Contracting Co.
2105 S. Broadway
Pine City, NY 14871
Blades-Howard Stone & Gravel
PO Box 590
Hornell, NY 14843
Odessa Sand & Gravel
226 Cecil A Malone Dr.
Ithaca, NY 14850
Newfield Gravel Corp.
Ithaca, NY 14850
Angelo Sand & Gravel
Ithaca, NY 14850
Padua Ridge
3362 SR 409
Copies of these bids are available upon request through the Purchasing or Legislative Office.
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR GALVANIZED PIPE, FLARE END SECTIONS-HIGHWAY
agreed to exercising the second and final of a two-year contract renewal option for Galvanized Pipe, Flared End
Sections, and
bid extension:
Chemung Supply Corporation
PO Box 527
Elmira, NY 14902
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR GUIDERAIL – HIGHWAY
agreed to exercising the second and final of a two-year contract renewal option for Guiderail, and
50
bid extension:
PO Box 527
Elmira, NY 14902
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND – HIGHWAY
agreed to exercising the second and final of a two-year contract renewal option for Ice Control Sand, and
bid extension:
Angelo Sand & Gravel
Odessa Sand & Gravel
226 Cecil A. Malone Dr.
Ithaca, NY 14850
Ithaca, NY 14850
Padua Ridge
3362 SR 409
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR USED STEEL PIPE – HIGHWAY
agreed to exercising the second and final of a two-year contract renewal option for Used Steel Pipe, and
WHEREAS, the following bidders have agreed in writing to extend the original agreement under the
same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010.
bid extensions:
Alleghany Pipe & Tubular Products
PO Box 527
2954 CR 22
Elmira, NY 14902
Andover, NY 14806
Copies of these bids are available for inspection at the Purchasing Office and the Legislative Office.
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR ASPHALT EMULSIONS - HIGHWAY
agreed to exercising the first of a two-year contract renewal option for Asphalt Emulsions, and
WHEREAS, the following bidders have agreed in writing to extend the original agreement under the
same terms and conditions. The contract period shall be April 1, 2009 through March 31, 2010.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management & Finance
Committee, the Schuyler County Legislature accepts the following bid extensions:
Central Asphalt
Vestal Asphalt
20 Fairground Lane
201 Stage Road
Vestal, NY 13850
Vote: 7-0.
51
RE: ACCEPT/REJECT BIDS FOR COLD MIX STOCK PILE PATCHING MATERIAL - HIGHWAY
agreed to exercising the first of a two-year contract renewal option for Cold Mix Stock Pile Patching Material,
and
bid extension:
Central Asphalt
20 Fairgrounds Lane
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR TIRES - HIGHWAY
agreed to exercising the first of a two-year contract renewal option for Tires, and
bid extension:
Ron Parmenter Motors, Inc.
103 Railroad St.
Odessa, NY 14869
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR SIGN POSTS & EXTENSIONS - HIGHWAY
agreed to exercising the first of a two-year contract renewal option for Sign Posts & Extensions, and
bid extension:
PO Box 527
Elmira, NY 14902
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL & SELECT
GRANULAR FILL - HIGHWAY
WHEREAS, Resolution No. 88 authorized the advertising for bids for furnishing of materials/services
for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened on March 26, 2009.
NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Purchasing
Department, in cooperation with the County Highway Superintendent and the Management and Finance
Committee, the Schuyler County Legislature accepts the following bids:
ALL BIDS ACCEPTED
Hanson Aggregates
H.L. Robinson Sand & Gravel
P.O. Box 513
535 Ithaca Rd., P.O. Box 121
52
Jamesville, NY 13078
Candor, NY 13743
Newfield Sand & Gravel Inc. Odessa Sand & Gravel Inc.
Ithaca, NY 14850
Ithaca, NY 14850
Angelo’s Sand & Gravel, Inc. Machuga Pit
7534 Rt. 226
Ithaca, N.Y. 14850
Bradford, NY 14815
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR NEW & USED STEEL PLATE, POLYETHYLENE PIPE, NEW &
USED BRIDGE AND SHOP STEEL - HIGHWAY
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Purchasing Department, in
cooperation with the County Highway Superintendent and the Management and Finance Committee, the
Schuyler County Legislature accepts the following bids:
PO Box 527
Elmira, NY 14902
Copies of these bids are available for inspection at the Purchasing Office and the Legislative Office.
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR READY-MIX CONCRETE & CONCRETE RETAINING WALL
BLOCKS - HIGHWAY
Schuyler County Legislature accepts the following bids:
Hanson Aggregates
P.O. Box 513
Jamesville, NY 13078
Vote: 7-0.
RE: ACCEPT/REJECT BID FOR TREE AND STUMP REMOVAL - HIGHWAY
Schuyler County Legislature accepts the following bid:
Beers Tree Service, Inc.
3900 Smith Rd.
Cameron Mills, NY 14820
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Vote: 7-0.
RESOLUTION NO. 142 Motion by Bleiler, Second by Karius.
RE: AUTHORIZE CONTRACT WITH PAUL CORRADINI, ESQ. FOR CONFLICT DEFENDER
SERVICES – PUBLIC DEFENDER
WHEREAS, the current Conflict Defender, Attorney Peter Finnerty has submitted his resignation
effective April 30, 2009, and
WHEREAS, due to various conflicts of interest, multiple defendants or multiple parties and overload
cases, it would be beneficial to the County to continue to enter into a contract for services of a conflicts
defender, and
WHEREAS, Attorney Paul Corradini has accepted the position of Conflicts Defender for the term May
1, 2009 through December 31, 2009.
execute a contract with Paul Corradini, Esq. for the Public Defender’s Office for conflicts of interest, multiple
defendants or multiple parties and overload cases for the term May 1, 2009 through December 31, 2009, at a
rate of $2,500.00 per month plus mileage (at the County rate), funding available in the 2009 Public Defender
budget account no. 1170.400-Contractual Services Indigent Legal Services Fund (ILSF); subject to approval of
Vote: 7-0.
RESOLUTION NO. 143A Motion by Larison, Second by Karius.
RE: MOTION TO AMEND RESOLUTION NO. 143 TO INCLUDE COUNTY VEHICLES
BE IT RESOLVED, that Resolution No. 143 be amended to include all county vehicles.
Vote: 7-0.
RE: SET POLICY ON SCENTED ITEMS IN COUNTY BUILDINGS AND VEHICLES - BUILDINGS
AND GROUNDS – AS AMENDED
WHEREAS, due to the high risk of employees and visitors having sensitivity and/or allergic reactions to
various scents and aromas, the Building Maintenance Supervisor recommends a policy be set forth prohibiting
scented items in county buildings and vehicles.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declares that scented candles,
potpourris, oils, air fresheners strips or sprays or any other similar type item not named above that is scented,
be prohibited in any County Building or vehicle, effective immediately, and
BE IT FURTHER RESOLVED, that any employee with a concern about scents or odors is to contact
his/her Department Administrator or the Human Resources Department, and
BE IT FURTHER RESOLVED, that the County’s Policies and Procedures Manual be amended
accordingly.
Vote: 7-0.
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RE:
PROCLAIM FRIDAY, MAY 1, 2009 AS “MAY DAY FOR RELAY”, FRIDAY, MAY 29, 2009 AND
SATURDAY, MAY 30, 2009 AS “RELAY FOR LIFE® DAYS”, AND MONDAY, JUNE 1, 2009 AS
“CANCER SURVIVORS’ DAY”
WHEREAS, Communities the length and breadth of the United States of America designate the First
Day of May as “May Day For Relay”/”Paint Your Town Purple Day,” and
WHEREAS, the Third Annual Schuyler County Relay For Life®, an event sponsored by the American
Cancer Society, is taking place from 6:00 p.m., Friday, May 29th, until 12:00 Noon, Saturday, May 30th, on the
grounds of Watkins Glen High School, in the Village of Watkins Glen, County of Schuyler, State of New York,
and
WHEREAS, the American Cancer Society Relay For Life® wishes to also Honor and Respect these
Valiant Survivors, and
WHEREAS, local Survivors are being honored at a Survivors’ Dinner immediately prior to the
beginning of said Relay For Life®, and
WHEREAS, National Cancer Survivors’ Day is celebrated annually on the First Day of June, and
WHEREAS, cancer occurs in men, women, and children of all ages, all income levels, all cultural and
ethnic groups, in rural, suburban, or urban neighborhoods, and to those perceived to be in good health or with
some level of incapacitation, and
WHEREAS, the Cancer Burden in Schuyler County is one of the highest in New York State, with
cancer not respecting the customs, values, and traditions of the many people who come from diverse
backgrounds and social strata, and
WHEREAS, having cancer is very difficult to discuss with others, many Survivors being ashamed, and
sometimes afraid of cancer, and burdened by its effects on not only themselves, but also their families and loved
ones.
Friday, May 1, 2009, “May Day for Relay”/”Paint Your Town Purple Day,” and
BE IT FURTHER RESOLVED, that the 18-hour period from 6:00 P.M., Friday, May 29, 2009 to 12:00
P.M. on Saturday, May 30, 2009, be proclaimed “Relay for Life® Day,” and
BE IT FURTHER RESOLVED, that Monday, June 1, 2009, be proclaimed “Cancer Survivors Day,”
and
BE IT FURTHER RESOLVED, that Legislature thereby, sincerely urge all citizens to work together to
help the Relay for Life® as it REAPS much-needed funds for Research, Education, Advocacy, & Patient
Services for our Brave Citizens battling cancer.
Vote: 7-0.
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR HOT MIX ASPHALT CONCRETE AND ASPHALT SPECIFIED INPLACE PROJECTS – HIGHWAY DEPARTMENT
WHEREAS, Resolution No. 88 authorized the advertising for bids for furnishing of materials for the
Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened on April 7, 2009.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Purchasing Department, in
cooperation with the County Highway Superintendent, the Schuyler County Legislature accepts the following
bids:
BIDS ACCEPTED FOR HOT MIX ASPHALT (FOB)
Dalrymple Gravel & Contracting Co.
Seneca Stone
2105 S. Broadway
P.O. Box 76
Pine City, N.Y.14871
Fayette, NY 13065
55
A.L. Blades & Sons, Inc
Elmira Road Materials
PO Box 590, 7610 County Route 65
1 County Rd. 77A
Hornell, NY 14843
Horseheads, NY 14845
BID ACCEPTED FOR UNSPECIFIED PROJECTS:
Hornell, NY 14843
BE IT ALSO RESOLVED, that the following bids be rejected for UNSPECIFIED PROJECTS:
Chemung Contracting Corporation
2105 South Broadway
Pine City, NY 14871
BID ACCEPTED FOR PROJECTS #1, #2, #3, and #4:
Hornell, NY 14843
BE IT ALSO RESOLVED, that the following bids be rejected for Projects #1, #2, #3, and #4:
2105 South Broadway
Pine City, NY 14871
BID ACCEPTED FOR PROJECTS #5, #6, and #7:
2105 South Broadway
Pine City, NY 14871
BE IT ALSO RESOLVED, that the following bids be rejected for Projects #5, #6, and #7:
P.O. Box 590, 7610 County Route 65
Hornell, NY 14843
BID ACCEPTED FOR PROJECT #8:
P.O. Box 590, 7610 County Route 65
Hornell, NY 14843
BE IT ALSO RESOLVED, that the following bids be rejected for Project #8:
2105 South Broadway
Pine City, NY 14871, and
BE IT FURTHER RESOLVED, that all bids be rejected for Projects #9 & #10.
Copies of these bids are available for inspection at the Legislative or Purchasing Office.
Vote: 7-0.
NEW BUSINESS: None
Legislator Larison reported that he was glad to see that the State had rescinded the Legislation regarding
our volunteer firefighters not being able to drive to and from an emergency without a CDL license.
Legislator Bleiler asked the press if they could make a special report regarding Resolution No. 110 and
Resolution No. 120. Usually they are not recognized very well. There will be programs cut all over this year
that will affect our children. Great affect on the positive instead of the negative. Children need to grow up in a
healthy environment. If anyone is interested, please check with him or our Youth Bureau for more details. This
program caught his attention a number of years ago and in his opinion, it is the best out there. He feels they will
suffer in the future with all of the cuts. Any publicity they can get would be appreciated.
Legislator Fagan reported that this year will be the second year for the treatments on both Waneta and
Lamoka Lakes. Last year before they treated the lakes, there had been approximately fifteen to twenty negative
56
comments made. As of the successful treatment, there has only been one letter received this year and it was
positive saying he was pleased with the fishing conditions. I feel this is very significant. We will continue in
May with treatments.
Administrator O’Hearn reported that he had a good meeting last week regarding the sale of the Rural
Urban Center and he will be moving forward with the Restore New York application. In the papers, they report
that tax collection is down by 6% in New York State, however per an email received from the New York State
Association of Counties (NYSAC), he is pleased to report that Schuyler County is not one of them. We are at a
22% increase in 2009 with sales tax collection. March was huge and he believes the room tax will be the same.
The promotions have paid off.
REGULAR MEETING
MAY 11, 2009
The May 11, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Marcellus, followed by a moment of
Silence. All Legislators were present except Legislators Yuhasz and Field who were excused. County Attorney
James Coleman and County Administrator O’Hearn were also present.
RE: APPROVE MINUTES OF THE APRIL 8, 2009 SPECIAL MEETING AND THE APRIL 13, 2009
REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the April 8, 2009 Special Meeting and the April 13, 2009
Regular Meeting, of the Schuyler County Legislature be approved.
Vote: 6-0.
RE: AUTHORIZE A MEMORANDUM OF AGREEMENT (MOA) BETWEEN TOMPKINS, CAYUGA,
CORTLAND, ONTARIO, SCHUYLER, SENECA, STEUBEN, AND TIOGA COUNTIES FOR THE
2008 HAZARDOUS MATERIAL GRANT PROGRAM
WHEREAS, this MOA is intended to build regional Weapons of Mass Destruction (WMD) Hazardous
Material Response and Decontamination Capabilities, and
WHEREAS, Schuyler County has limited capabilities to respond to Hazardous Material incidents, and
WHEREAS, Schuyler County wishes to work with regional partners to enhance these capabilities, and
WHEREAS, Schuyler County wishes to support a regional partner in the procurement of specialized
equipment funded under the 2008 HazMat Grant Program.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be
hereby authorized to sign any and all documents relative to the Agreement between Tompkins, Cayuga,
Cortland, Chemung, Ontario, Schuyler, Seneca, Steuben, and Tioga Counties for a term of effective upon
signing through August 30, 2011; subject to the approval of the Schuyler County Attorney.
Vote: 6-0.
RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR OFFICE OF EMERGENCY SERVICES
WHEREAS, Schuyler County Public Health has an agreement with Schuyler County Emergency
Management to assist with bioterrorism planning, and
WHEREAS, Public Health has appropriated $1,300 to reimburse the Emergency Management Office for
this assistance.
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amend the 2009 Budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$1,300
3689.4389
Other Public Safety Aid Revenue
+$1,300
3689.438
Supplies
Vote: 6-0.
RE: AUTHORIZE CONTRACT WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
SERVICES FOR A NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT - DISTRICT
ATTORNEY
WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services
for the purpose of assisting the Schuyler County District Attorney’s Office with prosecution of domestic
violence and community awareness.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County
District Attorney and the Chairman of the Legislature to sign a contract for the 2009/2010 NYS Violence
Against Women Grant, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District
Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds
($27,750 with a County match of $12,974); subject to approval by the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 151 Motion by Larison, Second by Marcellus
RE: AUTHORIZE APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR A
2009/2010 RECOVERY ACT EDWARD BYRNE MEMORIAL COMPETITIVE GRANT PROGRAM
- DISTRICT ATTORNEY
WHEREAS, grant monies have been made available by the US Department of Justice for the purpose of
combating violence against woman, to fight internet crimes against children, to improve the functioning of the
criminal justice system, to assist victims of crime, to support youth mentoring, and to retain prosecutors.
NOW, THEREFORE, BE IT RESOLVED, that Chairman of the Legislature and the Schuyler County
District Attorney are hereby authorized to sign and submit a grant application for a 2009/2010 Recovery Act
Edward Byrne Memorial Competitive Grant Program, subject to approval of the Schuyler County Attorney.
Vote: 6-0.
RESOLUTION NO. 152 Motion by Lariosn, Second by Marcellus.
RE:
AUTHORIZE AGREEMENT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE
SERVICES FOR THE NEW YORK STATE CRIME VICTIMS BOARD GRANT FUNDS FOR 20092012 - DISTRICT ATTORNEY'S OFFICE
WHEREAS, the New York State Crime Victims Board has grant funding available to assist the Schuyler
County District Attorney's Office in its efforts to ensure that crime victims are fully informed as to the status of
matters in the criminal justice system, to ensure that victims are heard, and to ensure that victims receive
services from advocates, therapists, counselors and others as necessary to help them recover from victimization,
and
WHEREAS, the total awarded amount of the grant is $144,184 for the three-year term with a county
match of 20% (10% in-kind -10% to be funded from the District Attorney budget).
sign a contract with the New York State Division of Criminal Justice Services in the amount of $144,184, with
a contract term of October 1, 2009 through September 30, 2012, subject to approval by the Schuyler County
Attorney.
Vote: 6-0.
RE: AUTHORIZE CONTRACT WITH AUTOMON CORPORATION FOR A SOFTWARE
MAINTENANCE AGREEMENT - PROBATION DEPARTMENT
WHEREAS, the Automon Corporation is to provide technical support services to the Schuyler County
Probation Department for the ongoing use of licensed software for probation case management services
58
(Caseload Explorer), and
WHEREAS, these services are to be paid for out of the budget of the Schuyler County Information
Technology Department in the amount of $4,112.00.
execute a contract with Automon Corporation for the Schuyler County Probation Department for technical
support services as a customer of Caseload Explorer for the term of May 21, 2009 through May 21, 2010,
funding available in the 2009 Information Technology budget account no. 1680.400; subject to approval of the
Vote: 6-0.
RE: AUTHORIZE THE ADDITION OF TWO PARCELS TO AG DISTRICT #2 AND DECLARE
NEGATIVE STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
WHEREAS, in accordance with Section 303-b of New York State’s Agriculture and Markets Law,
Schuyler County has established an annual period during which landowners can petition to add their property to
the county agricultural districts, and during the 2009 enrollment period the Schuyler County Agriculture and
Farmland Protection Board (AFPB) received three requests to add property to an agricultural district, and
WHEREAS, one parcel request was withdrawn during review (Parcel ID # 76.20-1-1), and
WHEREAS, the remaining parcels (ID #s 85.00-1-24.211 and 64.00-3-3.12) would become part of
Schuyler County Agricultural District #2, and
WHEREAS, following the preparation of an unlisted action SEQR and a negative declaration of
significant environmental impact from the proposed action the AFPB finds that these parcels are substantially
viable agricultural land.
NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature recommends that these
parcels be added to Schuyler County Agricultural District #2, and that the Commissioner of NYS Department of
Agriculture and Markets certify this inclusion.
Vote: 6-0.
RE: DECLARE A NEGATIVE DECLARATION OF SIGNIFICANT ENVIRONMENTAL IMPACT FOR
THE SCHUYLER COUNTY AGRICULTURAL DEVELOPMENT AND FARMLAND
PROTECTION PLAN
WHEREAS, in accordance with 1 NYCRR Part 372, Schuyler County created and adopted the Schuyler
County Agricultural Development and Farmland Protection Plan in 1999, and
WHEREAS, at the completion of that project there were funds still available through the contract with
New York State Department of Agriculture and Markets to promote farmland protection in Schuyler County,
and
WHEREAS, in 2006 Schuyler County received authorization from New York State Department of
Agriculture and Markets to utilize the remaining funds to update the 1999 Plan, and
WHEREAS, the 2008 Schuyler County Agriculture and Farmland Protection Plan Supplemental
Revision is the result of the update project, overseen and accepted by the Schuyler County Agriculture and
Farmland Protection Plan, and
WHEREAS, the Legislature has determined that the adoption of the 2008 Revision is an Unlisted Action
under SEQR, and accordingly has directed that a Short Environmental Assessment Form be completed.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the completed
Short Environmental Assessment Form for the adoption of the 2008 Schuyler County Agriculture and Farmland
Protection Plan Supplemental Revision, and finds that the proposed administrative action will not result in
significant adverse environmental impacts.
Vote: 6-0.
RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR HOUSEHOLD HAZARDOUS WASTE
(HHW)
59
WHEREAS, Cornell Cooperative Extension of Schuyler County (CCE) will be holding an Electronics
Collection event at the May 2, 2009 Earth Day, and
WHEREAS, CCE would like to utilize the fees collected at this event towards expenses for the
Household Hazardous Waste event this fall.
amend the 2009 budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
$511.50
8750.364
Household Hazardous Waste Collection
$511.50
8750.1289
Other Gen. Govern. Dept. Income
Vote: 6-0.
RESOLUITON NO. 157 Motion by Larison, Second by Marcellus.
RE: AUTHORIZE GRANT APPLICATION FOR TRIANGLE FUND GRANT – YOUTH BUREAU
WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center
program, and
WHEREAS, funding is needed for contracting for program development, room over site and parent
education, and
WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and
WHEREAS, the Triangle Grant offers funding for between $5,000 and $15,000 and there is no local
match.
subsequent contracts, subject to approval of the Schuyler County Attorney.
Vote: 6-0.
RE: RECOGNIZE MAY AS MENTAL HEALTH MONTH – COMMUNITY SERVICES
WHEREAS, Mental Health Month was created more than 50 years ago to raise awareness about mental
health conditions and the importance of mental wellness for all, and
WHEREAS, this year’s theme is focused on an essential component of maintaining and protecting
mental health and wellness, social connectedness, and
WHEREAS, there are many ways of creating connections that support mental health, such as
connections to family and friends to feel close and supported, to your community to feel a sense of belonging
and purpose and to professional help to feel better when you’re stressed and having trouble coping.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May as
Mental Health Month in Schuyler County.
Vote: 6-0.
RESOLUTION NO. 159 Motion by Larison, Second by Marcellus
RE: RECOGNIZE MAY 6 – 12, 2009 AS NATIONAL NURSES WEEK – HEALTH SERVICES
WHEREAS, nursing is often described as an art and a science, nursing is a profession that embraces
dedicated people with varied interests, strengths and passions, and
WHEREAS, nurses work in emergency rooms, schools, homeless shelters, hospitals, doctors’ offices,
public health, mental health and many others, and
WHEREAS, nurses have many roles in the community, from staff nurse to educator to nurse practitioner
and serve all of them with passion for the profession and with a strong commitment to patient safety, and
WHEREAS, National Nurses Week is celebrated annually from May 6 through May 12, and
WHEREAS, qualified nurses are aging out of the workforce, as are nurse educators, leaving fewer
opportunities for training nurses, and
WHEREAS, nurses will be needed more in the future, due to the aging of the general population.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 6 – 12,
2009 as National Nurses Week.
Vote: 6-0.
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RE:
AUTHORIZE CONTRACT WITH JANIS JEPSEN FOR EARLY INTERVENTION SERVICES –
PUBLIC HEALTH
and
WHEREAS, Janis Jepsen is approved as a provider for Early Intervention Services, and
enter into a contract with Janis Jepsen for Early Intervention Services, effective April 1, 2009 through December
31, 2009, at rates established by the New York State Department of Health, to be renewed annually on a calendar
year, funds available in the Public Health budget account no. 4054.490, subject to the approval of the Schuyler
County Attorney.
Vote: 6-0.
RE: AUTHORIZE CONTRACT WITH A&E TRANSPORT SERVICES, INC. FOR PRESCHOOL
TRANSPORTATION – PUBLIC HEALTH
WHEREAS, current contracts do not provide transportation from Bradford School District to the Pathways
Program in Avoca, New York, and
WHEREAS, A&E Transport Services Inc. already transports other children to this program, and
WHEREAS, A&E Transport Services, Inc. has agreed to provide the transportation at $137 per day.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute a
contract with A&E Transport Services, Inc. for the Public Health Department for transportation services for the
term April 20, 2009 through June 30, 2009, funding available in the 2009 Public Health budget account No.
4010.2960.440 subject to the approval of the Schuyler County Attorney.
Vote: 6-0.
RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR CLINIC DIRECTOR - COMMUNITY
SERVICES
WHEREAS, the County Administrator has approved the filling of the Clinic Director position in the
Community Services Department.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the
appointment by George Roets, Director of Community Services and Public Health, of Beth Stratton as Clinic
Director at an annual salary of $55,250, effective May 18, 2009, said position is in Grade Level G of the
Management/Confidential Salary Plan.
Vote: 6-0.
RE: AUTHORIZATION TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH STEUBEN
COUNTY FOR THE PROVISION OF THE REGIONAL “WHEELS TO WORK PROGRAM” –
SOCIAL SERVICES
WHEREAS, the Commissioner of Social Services has requested authorization to enter into an intermunicipal
agreement with Steuben County for the provision of the regional “Wheels To Work Program” led by Steuben,
at no cost to Schuyler County during 2009, and
WHEREAS, “Wheels To Work” will provide funding to assist eligible individuals with vehicle down
payments to enable them to accept or retain paid employment, and
WHEREAS, it is a primary goal of the Department of Social Services to move employable recipients
from welfare to work.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign
the intermunicipal agreement with Steuben County to extend the Regional Wheels To Work program, to serve
eligible residents of Schuyler, at no cost to Schuyler County during 2009, subject to approval by the County
Attorney.
Vote: 6-0.
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RE: AUTHORIZE EXTENSION OF AGREEMENT WITH CATHOLIC CHARITIES FOR USDA –FSP
NON-RECURRING BONUS ALLOCATION – SOCIAL SERVICES
WHEREAS, the Department of Social Services was previously awarded $25,000 in bonus funds to be
used to increase public awareness of the food stamp program in Schuyler County through increased education
and outreach to working families and other eligible community members who have not applied for assistance,
and
WHEREAS, the Department contracted with Catholic Charities to conduct the enhanced outreach
efforts, and
WHEREAS, the program originally ran January 1, 2008 through December 31, 2008, and
WHEREAS, the State Government extended the program to June 30, 2009 since not all of the $25,000
had been expended by December 31, 2008, and
WHEREAS, Catholic Charities will have until June 15, 2009 to submit detailed bills to meet the
Department’s reporting requirements.
extend the agreement with Catholic Charities for the USDA-FSP Non-Recurring Bonus Allocation at no
increase in funding and at no cost to Schuyler County, for the period January 1, 2009 through June 30, 2009,
subject to approval by the County Attorney.
Vote: 6-0.
RE: ACCEPT/REJECT BIDS TO PURCHASE IP TELEPHONES – BUILDINGS AND GROUNDS
WHEREAS, Resolution No. 111-09 authorized the Building Maintenance Supervisor to go out to bid to
purchase 55 new IP Telephones for the newly renovated offices at the County Complex, and
WHEREAS, the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s
recommendation of CMS Communications, Inc. as low bidder, at the cost of $11,715.00 to purchase 55 IP
Telephones, and
WHEREAS, the following bid be rejected
All-Mode Communications
1725 Dryden Road
Freeville, NY 13068, and
WHEREAS, the funds are available in the Voice and Data Communications Equipment Reserve account
number 4.1610.200.
enter into a contract with CMS Communications, Inc. at a cost of $11,715.00, subject to approval of the
Vote: 6-0.
RESOLUTION NO. 166 Motion by Fagan, Second by Marcellus.
RE: REQUEST THE STATE LEGISLATURE PASS SENATE BILL NO. S.4075 AND ASSEMBLY BILL
NO. A.8079 TO AMEND THE PUBLIC AUTHORITIES LAW TO ALLOW COMMUNITY
COLLEGE REGIONS TO BORROW THE LOCAL SHARE OF CAPITAL PROJECTS DIRECTLY
FROM THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
WHEREAS, Corning Community College was established by state statute as a regional community
college, and
WHEREAS, by resolution duly adopted the 20th day of November 1984, the County of Schuyler
resolved to become a participant in the community college region, and
WHEREAS, community college regions under current law do not have the authority to issue debt to
finance capital projects, placing community college regions at a distinct disadvantage vis-ã-vis all other county
community colleges, and
WHEREAS, the Regional Board of Trustees of Corning Community College now finds it necessary to
amend the public authorities law with respect to such financings, which would allow community college regions
62
to borrow the local share of capital projects directly from the Dormitory Authority of the State of New York,
and
WHEREAS, the New York State Senate and Assembly have proposed legislation for such amendment
of state law.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests
adoption of the New York State Senate and the New York State Assembly to enact Senate Bill No. S.4075 and
Assembly Bill No. A.8079 in the form annexed herewith, and that the Clerk of the Legislature is hereby
directed to execute and submit a Home Rule Request to the appropriate House of the New York State
Legislature, and move its adoption.
Vote: 6-0.
RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO
ADJUST THE FACTOR RATING FOR THE PURCHASING SPECIALIST POSITION
WHEREAS, the Purchasing Specialist has assumed additional responsibilities of supervision
necessitating movement of one factor level in this category, and
WHEREAS, said adjustment does not result in a change in grade.
NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended
to reflect a change in Factor IX, Supervision/Leadership from 1 to 2 for the Purchasing Specialist effective
immediately.
Vote: 6-0.
RE: AUTHORIZE APPOINTMENT AND SET SALARY – DIRECTOR OF WEIGHTS AND MEASURES
A
WHEREAS, the Director of Weights and Measures position is vacant, and
WHEREAS, the County Administrator and Human Resources Director have interviewed candidates for
this position and makes the following recommendation.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints
Clifford H. Boyce to the position of Director of Weights and Measures, to work 15 hours per week at an annual
salary of $15,000.00, effective June 1, 2009 said position is in Grade Level D of the Management/Confidential
Salary Plan.
Vote: 6-0.
RE: RESOLUTION IN SUPPORT OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT
IMPROVEMENT FUND (LGRMIF) AND ASSEMBLY BILL NO. A-6783
WHEREAS, the LGRMIF fee has never been increased since its inception in 1989, and
WHEREAS, Schuyler County has benefited from technical assistance, training, publications and thirteen
grants totaling approximately $250,000, from the LGRMIF, and
WHEREAS, the LGRMIF continues to be critically important in the fulfillment of the many records and
information related responsibilities of Schuyler County,
WHEREAS, the Cultural Education Account funds most of the operations of the State Museum, Library,
and Archives, and
WHEREAS, the Cultural Education Account balance is now fully depleted as a result of the severe
decline in revenue and the annual and special transfers of funds to support other state purposes, and
WHEREAS, without the fee increase, the Office of Cultural Education’s services to the public will be at
risk, including access to the Museum’s huge collection of natural history and historical artifacts, the Library’s
collection of genealogical books and free online access to specialized databases and electronic journals, and the
Archives historical records of state government going back to the early 1600s.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports Assembly Bill
A-6783, which proposes a modest increase in the Cultural Education Account from $15.00 to $22.50 and an
increase in the LGRMIF fee from $5.00 to $7.50 per transaction to ensure the continuation and improvement of
records management programs in New York’s local governments through LGRMIF services and grants that
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increase citizen access to records, build vital information infrastructures in local government, stimulate local
economies across the state, and allow our local leaders to address twenty-first century realities.
BE IT FURTHER RESOLVED, that certified copies of this Resolution be forward to New York Senator
George H. Winner, Jr., New York State Assemblyman Thomas F. O’Mara and Suzanne Etherington, Ph.D.,
Region 6 Advisory Officer New York State Archives & Geoff Huth, Director, Government Records Services.
Vote: 6-0.
RE: AUTHORIZE CHANGE ORDER WITH MODULAR COMMUNICATIONS FOR THE INTERCOM
PORTION OF THE 911 DISPATCH CONSOLE SYSTEM OF THE 911 CENTER UPGRADES –
EMERGENCY MANGEMENT
WHEREAS, Resolution No. 445-08 authorized a contract with Modular Communications for the for
E911 Telephone System and Two Way Radio Dispatch Consoles Portion of the 911 center remodeling, and
WHEREAS, there is an immediate need to install an interface with the Consoles to operate and control
intercom stations throughout the 911 Center and Jail building, and
WHEREAS, the change order with Modular Communication proposes to add intercom stations to the
Console System currently installed at a total additional cost of $7,800, and
WHEREAS, the Emergency Management Coordinator has reviewed the referenced changes and
$164,959.85
Amount Contract will Increase by Change Order
$ 7,800.00
$172,759.85, and
WHEREAS, funding is available in the E911 Reserve account to pay for said change order increase.
sign the above Change Order proposal at a total cost of $7,800 with Modular Communications, subject to
Vote: 6-0.
RE: RESOLUTION IN SUPPORT OF BILL S.1722 THE “FEDERAL MILK MARKETING
IMPROVEMENT ACT OF 2009” AMENDING THE AGRICULTURAL ADJUSTMENT ACT
WHEREAS, our Nation’s vast farming industry contributes to our nation’s health and Prosperity every
day of the year and the dairy farming industry is the backbone of Schuyler County, and
WHEREAS, it is estimated that dairy farmers are currently being paid about 95 cents per gallon of milk,
while it costs them $1.50 to produce that same gallon and the rising costs of production, along with the extreme
drop in price per hundred weight of milk has many dairy farmers in Schuyler County concerned about providing
for their families now and in the future, and
WHEREAS, United States Senators Arlen Specter and Robert P. Casey Jr. are leading an effort to
reintroduce “The Federal Milk Marketing Improvement Act of 2009 (S.1722) which is “an act to amend the
Agricultural Adjustment Act to require the Secretary of Agriculture to determine the price of milk or for
manufactured purposes, which shall be classified as Class II milk, by using the national average cost of
production and other purposes”, and
WHEREAS, this bill was designed to correct the disparity in payment versus cost and the reintroduction
of this bill would mean a raise in the price per hundredweight from a current approximate price of just under
$12 to an approximate price of $22.46.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the
reintroduction of S.1722 the “Federal Milk Marketing Improvement Act of 2009” and requests our
representatives in the United States Congress and Senate to pass this bill to correct the many inequities the dairy
farming industry is facing in Schuyler County and nation wide, and
BE IT FURTHER RESOLVED, that certified copies of this Resolution be forward to President Barack
Obama, Senator Arlen Specter, Senator Robert P. Casey Jr., Congressman Eric Massa, United States Senator
Charles Schumer, United States Senator Kirstin Gillibrand, New York Senator George H. Winner, Jr., New
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York State Assemblyman Thomas F. O’Mara, New York State Commissioner of Agriculture and Markets
Patrick Hooker, and the New York State Association of Counties.
Vote: 6-0.
RE: RESOLUTION TO APPROVE APPLICATIONS FOR CORRECTION OF REAL PROPERTY
TAXES IN THE TOWN OF MONTOUR – REAL PROPERTY TAX
WHEREAS, application for refund of real property taxes has been filed in accordance with Real
Property Tax Law (RPTL) Section 556 for parcel 65.00-3-6.2/1 owned by GTP Acquisition Partners II, LLC in
the Town of Montour, and
WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and
found that this parcel represents a duplicate assessment of an improvement present on parcel 65.00-3-3.2/1,
constituting an error in essential fact as defined in RPTL Section 550(3)(a), and
WHEREAS, the error resulted in an overpayment of taxes on the 2008 and 2009 County/Town Tax roll
of $2,640.87, and
WHEREAS, it is the recommendation of the Director and the Management & Finance Committee that
the application for refund be approved.
NOW, THEREFORE, BE IT RESOLVED, that the application for refund be approved, and that the
treasurer issue a refund in the amount of $2,640.87 with an appropriate chargeback to the Town of Montour,
and
BE IT FURTHER RESOLVED, that $978.86 be applied to outstanding taxes for parcel 65.00-3-3.2/1
for 2009.
Vote: 6-0.
RE: AUTHORIZE CONTRACT WITH THE MENTAL HEALTH CLINIC – PUBLIC HEALTH
WHEREAS, Public Health is mandated to provide 100% of a service and the Medical Social Worker
position covers that mandate, and
WHEREAS, the current Medical Social Worker is on extended maternity leave, and
WHEREAS, the Mental Health Clinic has a qualified Medical Social Worker who can cover these
services in the meantime, and
execute a contract with the Mental Health Clinic for the Public Health Department for Medical Social Work for
the term May 12, 2009 until the Medical Social Worker can return to work, at a rate of $45 per hour, but if more
than 5.0 hours per week the rate will be $63.00 per hour , funding available in the 2009 Public Health budget
account no. 4010.490 subject to the approval of the Schuyler County Attorney.
Vote: 6-0.
RE: AUTHORIZE RENEWAL OF CONTRACT WITH HONEYWELL HOMMED FOR THE RENTAL
OF TELEMONITORING EQUIPMENT – PUBLIC HEALTH
WHEREAS, the Schuyler County Public Health Department is currently renting telemonitoring
equipment, including 25 monitors and one central station, from the University of Rochester, and
WHEREAS, the telemonitoring equipment enables the Public Health Department to track the vital signs
of patients from their homes, which has proven successful in reducing the number of our patients returning to
hospital, and
WHEREAS, continuation of the telemonitoring program will benefit the residents of Schuyler County in
need of home health care, and
WHEREAS, Honeywell HomMed also leases telemonitoring equipment and has quoted a price to lease
upgraded web-based equipment directly to Schuyler County at a savings of approximately $900 per month.
enter into a lease agreement with Honeywell HomMed for the rental of telemonitoring equipment, including
communication fees, for the period June 1, 2009 through May 31, 2010, renewable annually, at an amount not
to exceed $3,100 per month, plus a on-time payment for training and clinical in-service, not to exceed $5,000,
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funding available in account no. 4010.490.
Vote: 6-0.
RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2009 SETTING SALARIES FOR CERTAIN ELECTED
OFFICIALS
WHEREAS, the County law permits and requires the Legislature to set the salaries of all officials paid
from County funds, and
WHEREAS, the salaries of certain elected officials have been reviewed and are in need of revision upon
the expiration of their terms
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2009, in the form
hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and
BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on
June 8, 2009 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen,
NY.
LOCAL LAW INTRO. NO. 2 OF THE YEAR 2009
A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2010, 2011, 2012, 2013.
Section 1.
LEGISLATIVE INTENT
This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of
setting the salaries of certain elected officials for fiscal years 2010, 2011, 2012, 2013.
Section 2.
OFFICIALS/SALARIES
Effective with the first County payroll for fiscal years 2010, 2011, 2012 and 2013 the annual salaries of
the following officials shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this
adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The
adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report.
TITLE
CURRENT SALARY
Legislators
$7,143
Sheriff
$69,573
County Clerk
$57,573
*District Attorney
$124,113
* - salary subject to change by State of New York
Section 3.
EFFECTIVE DATE
This Local Law shall take effect immediately upon the filing with the Secretary of State.
Vote: 6-0.
RESOLUTION NO. 176 Motion by Marcellus, Second by Fagan.
BE IT FURTHER RESOLVED, that one (1) additional Resolution be brought to the floor.
Vote: 6-0.
RESOLUTION NO. 177 Motion by Bleiler, Second by Fagan.
RE: ECONOMIC RECOVERY PROJECTS MUNICIPAL/SPONSOR RESOLUTION – HIGHWAY
DEPARTMENT
WHEREAS, the Schuyler CR 16 Resurfacing from Meads Hill Road to Townsend Road Economic
Recovery Project (hereinafter the “the Project”) in the County of Schuyler, in Schuyler 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, BE IT RESOLVED, that the Municipal/Sponsor Board duly convened does
hereby approves the above Project, and
BE IT FURTHER RESOLVED, that the Municipality/Sponsor agrees to advance the Project 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 cost of any and all
66
phase(s) or portions thereof and hereby appropriates from 002.5112.342 the funds necessary to complete the
Project(s) including all phase(s) or portions thereof
-OR2.) 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
Project(s) including all phase(s) or portions thereof; and
BE IT 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 State/Local Agreement, and
BE IT 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
BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share of the Projects
exceeds the amount appropriated above, the Municipal/Sponsor Board shall convene as soon as possible to
appropriate said excess amount immediately, and
BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is hereby
authorized to execute all necessary Agreements or certification 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 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
BE IT 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
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.
Vote: 6-0.
NEW BUSINESS: None
Legislator Larison reported that the CDL License Legislation has been won. Fireman can now drive
back to the Fire Station. However, he would like to have the Public Safety & Criminal Justice Committee
consider a Resolution to look into the problem of having a $110 license fee for each volunteer to receive a CDL
license. He also reported that looking into the future with the Soil & Water Conservation District, they have
$32,000 from the State that has not been released to them and probably will not be. They may fall short in their
budget.
Legislator Fagan reported that the treatment was started today on Waneta Lake and the District will be
starting treatment on Lamoka Lake later this week.
Legislator Marcellus wished to commend the County Administrator with the 61 miles to the gallon he
achieved during the Green Grand Prix May 2, 2009.
COUNTY ADMINISTRATOR’S REPORT: Nothing to report.
The Meeting adjourned at 6:45 P.M.
REGULAR MEETING
JUNE 8, 2009
The June 8, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
67
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Field, followed by a moment of Silence.
All Legislators were present except Legislators Yuhasz who was excused. County Attorney James Coleman and
6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR
2009 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2010, 2011,
2012, 2013: None.
RE: APPROVE MINUTES OF THE MAY 11, 2009 REGULAR MEETING OF THE SCHUYLER
COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the May 11, 2009 Regular Meeting, of the Schuyler County
Vote: 7 Amend By - Laws -0.
RE: AUTHORIZE AMENDING THE BY-LAWS FOR SCHUYLER COUNTY EMPIRE ZONE
ADMINISTRATIVE BOARD
WHEREAS, the Schuyler County Legislature, per Resolution No. 302-01, adopted by-laws for the
Schuyler County Empire Zone Administrative Board, and
WHEREAS, there is a need to amend Section 3 in Article IV-Zone Administrative Board to change the
way appointments are made to the board.
NOW, THEREFORE, BE IT RESOLVED, that the By-Laws for the Schuyler County Empire Zone
Administrative Board be amended to have Article IV, Section 3 now read as follows.
ARTICLE IV – ZONE ADMINISTRATIVE BOARD
Section 3 - Appointments
Appointments to the Board shall be made by the Schuyler County Legislature.
Vote: 7-0.
BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Sue Murphy
as the Business Representative to the Schuyler County Planning Commission to fill the unexpired term of Kim
DiVivi with a term January 1, 2008 through December 31, 2009.
Vote: 7-0.
RE: AUTHORIZE GRANT APPLICATION WITH CHEMUNG, SCHUYLER, STEUBEN WORKFORCE
NEW YORK (CSS WORKFORCE) FOR THE WORKFORCE INVESTMENT ACT STIMULUS
PROGRAM – YOUTH BUREAU
WHEREAS, the Workforce Investment Act (WIA) Program has the ability to increase their capacity,
and
WHEREAS, CSS Workforce is receiving stimulus money from the Federal Government for expansion
of the WIA program employment services which needs to be procured through a competitive basis, and
WHEREAS, the Schuyler County Youth Bureau is the lead agency for the APY grant which is a WIA
program and through a contract with CSS Workforce, will expand and increase the capacity of the WIA
Program.
NOW, THEREFORE, BE IT RESOLVED, that the Youth Bureau be authorized to apply for the
Stimulus WIA money and the Chairman of the Legislature be hereby authorized to sign a contract with CSS
Workforce NY for the Youth Bureau for employment services for the WIA Program, for a term July 1, 2009
through June 30, 2010 in the amount of $38,000; subject to approval by the Schuyler County Attorney.
Vote7-0
RE: RECOGNIZE JULY 2009 AS CASE MANAGEMENT MONTH - COMMUNITY SERVICES
68
WHEREAS, Case Managers are an essential part of the Mental Health Clinic, providing services to clients
for all aspects of their lives, and
WHEREAS, Case Managers supply their clients with some of the tools necessary to maintain their lives in
the community and participate in their family’s activities, and
WHEREAS, Case Managers provide information to their clients and refer them to other services within
the County, as applicable, and
WHEREAS, Case Managers help enable their clients to enjoy a better quality of life, and
WHEREAS, Community Services would like to acknowledge the contributions made by Case Managers.
NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature recognize July 2009 as
Case Management Month in Schuyler County.
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH
DISABILITIES 2009-2010 – PUBLIC HEALTH
WHEREAS, Resolution No. 70-09 authorized advertising for bids for transportation of preschool
children with disabilities, and
WHEREAS, bids were received and opened with the following recommendations being made.
NOW, THEREFORE, BE IT RESOLVED, that the bid from Schuyler ARC for transportation of
preschool handicapped children to and from Frank Pierce Early Childhood Center from July 1, 2009 to June 30,
2010 in the amount of $189.00, per child per day plus $25.00 per additional child be, and hereby is, accepted,
and
BE IT FURTHER RESOLVED, that the bid from Birnie Transportation for transportation of preschool
handicapped children to and from Franziska Racker Centers from July 1, 2009 to June 30, 2010 at $185.00 per
child, with a $20.00 per additional child fee be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from A & E Transportation for transportation of preschool
handicapped children to and from Pathways Preschool Program / Bath from July 1, 2009 to June 30, 2010 in the
amount of $239.95, per child per day plus $39.00 per additional child be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from A & E Transportation for transportation of preschool
handicapped children to and from Pathways Preschool Program / Avoca from July 1, 2009 to June 30, 2010 in
the amount of $246.97, per child per day plus $39.00 per additional child be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from Schuyler ARC for transportation of preschool
handicapped children to and from Chemung County UCP from July 1, 2009 to June 30, 2010 at $189.00 per
child per day with a $25.00 per additional child fee be, and hereby is accepted, and
BE IT FURTHER RESOLVED, that the bid from Schuyler ARC for transportation of preschool
handicapped children to and from Yates ARC / Keuka Lake Schools from July 1, 2009 to June 30, 2010 at
$189.00 per child per day with a $25.00 per additional child fee be, and hereby is accepted, and
BE IT FURTHER RESOLVED, that the bid from Schuyler ARC for miscellaneous transportation of
preschool handicapped children from July 1, 2009 to June 30, 2010 in the amount of $2.25 per mile be, and
hereby is, accepted, and
BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent,
school district or public transportation, this award is not an exclusive contract for services, and
BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are
hereby authorized for signature by the Chairman of this Legislature, funding available in the 2008 budget,
account no. 2960.440-Travel, contracts subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RE: PROCLAIM JUNE 2009 AS OLDER DRIVER SAFETY MONTH - OFFICE FOR THE AGING
WHEREAS, the month of June begins a season when drivers are on the road more frequently, and
WHEREAS, the number of older drivers is increasing and is expected to increase significantly as Baby
Boomers continue to age thus increasing the need for safe driving practices, and
WHEREAS, older drivers wish to maintain their independence in driving, and
69
WHEREAS, older drivers should be making decisions about their driving ability, risk and safety, and
WHEREAS, Office for the Aging is committed to assisting individuals in recognizing their changing
abilities, taking proactive measures to maintain their driving status or in adapting their transportation practices
appropriately, and
WHEREAS, Office for the Aging offers safe driving classes through an affiliation with a certified
AARP driving classroom instructor, and
WHEREAS, Office for the Aging can work with trained driving rehabilitation specialists to assist
drivers in identifying their functional limitations which impair driving performance, and
WHEREAS, Office for the Aging will assist older drivers with transitioning to other methods of
transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes June 2009
as Older Driver Safety Month and encourages all older drivers to seek assistance with assessing their driving
skills, participate in safe driving classes and other activities to assist in maintaining or improving driving skills
or to seek alternate methods of transportation.
Vote: 7-0.
RESOLUTION NO. 185 Motion by Larison, Second by Field
RE: PROCLAIM JUNE 15, 2009 AS ELDER ABUSE AWARENESS DAY – OFFICE FOR THE AGING
WHEREAS, Schuyler County has been informed by the International Network for the Prevention of
Elder Abuse that June 15, 2009 is annual World Elder Abuse Awareness Day, and
WHEREAS, the Schuyler County Office for the Aging and the Department of Social Services, in
conjunction with the Finger Lakes Elder Abuse Coalition seek to educate the general public on issues of elder
mistreatment and to facilitate legislative change for the protection of the vulnerable elderly, and
WHEREAS, elder abuse is grossly under reported because the elderly who are being abused find it very
difficult to tell anyone and are usually ashamed and sometimes afraid, and
WHEREAS, nationally only 1 in 5 cases get reported, and
WHEREAS, Schuyler Counties older citizens laid the foundation for the state and nation we enjoy
today, and
WHEREAS, abuse of older persons is a tragedy inflicted on a vulnerable segment of the population that
crosses all socio-economic boundaries, and
WHEREAS, combating abuse of older people will help to improve the quality of life for seniors across
Schuyler County and New York State, and will allow senior citizens to continue to live as independently and
vibrantly as possible, and
WHEREAS, Schuyler County seniors should be treated with respect and dignity as they continue to
serve as leaders, mentors, volunteers, and important and active members of our councils, and
WHEREAS, the County of Schuyler honors the countless contributions of its senior citizens, and
recognizes all efforts to end elder abuse as vital to the interests of the citizens of this County.
June 15, 2009 as World Elder Abuse Awareness Day, and
BE IT FURTHER RESOLVED, to urge both the public and private sectors to join with this Board in
recognizing the contributions of all older Americans and the right of these Americans to live in peace and
dignity without fear of abuse, and in particular, those older Americans who are residents of Schuyler County.
Vote: 7-0.
RE: AUTHORIZE PURCHASE OF ITEMS REQUIRED TO MOVE DEPARTMENTS INTO
REMODELED OFFICE BUILDING – BUILDINGS & GROUNDS
WHEREAS, the Courthouse Complex Renovation Capital Project is almost complete, and
WHEREAS, Resolution 330-08 authorized window replacements in the 1962 portion of the Courthouse
Complex, and
WHEREAS, window treatments, furniture and other items are required to complete the capital project
before moving Departments into the renovated office building, and
WHEREAS, all purchases will be made in accordance with the Schuyler County Purchasing Policy.
70
Building Maintenance Supervisor the authority to purchase these needed items, in consultation with the County
Administrator, and
BE IT FURTHER RESOLVED, that no purchases will be made in excess of the project contingency
budget, and
BE IT FURTHER RESOLVED, that the funding for these purchases is available in the 004.1620.606
Capital Account contingency.
Vote: 7-0.
RE: AUTHORIZE THE CREATION AND FILLING OF ONE (1) FULL-TIME AUTOMOTIVE
MECHANIC FOREPERSON POSITION - HIGHWAY
WHEREAS, the Highway Superintendent, as well as, the Public Works Committee has seen a need for a
full-time Automotive Mechanic Foreperson for the Central Garage vehicles to aggressively manage the
transportation needs of the Central Garage unit in the most cost-efficient manner possible, and
WHEREAS, Central Garage currently maintains 39 vehicles belonging to 13 different departments, and
WHEREAS, there are approximately 28 vehicles that are currently being serviced by outside vendors,
also other Municipalities are expressing an interest in using our facilities for their maintenance, and
WHEREAS, the newly created Automotive Mechanic Foreperson will be able to take care of all the
county vehicles preventative maintenance as well as keep up with the everyday repairs that keep cropping up,
and free the present Automotive Mechanic Foreperson in the maintenance department to concentrate on the
maintenance and repairs of the Highway equipment, and
WHEREAS, currently Central Garage has one (1) part-time Automotive Mechanic Helper working
sixteen (16) hours per week, and
WHEREAS, the Highway Superintendent will abolish the current part-time position, and
WHEREAS, the cost of creating and filling this position will be reimbursed by the other departments
and/or municipalities for service and repair, and
WHEREAS, the Highway Superintendent is requesting to create this position, upon the approval of the
County Administrator, and
WHEREAS, funds are available in the 2009 budget to pay for this position, by moving funds from the
County Road Maintenance Payroll 5110.100 to the General Fund Central Garage Payroll 1640.100.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be
authorized to create and fill a full-time Automotive Mechanic Foreperson position in the Highway Department
at a base pay of $15.54, funding to be available in the Department’s 2009 budget, line 1640.100, and
BE IT FURTHER RESOLVED that the Schuyler County Treasurer is hereby authorized to transfer
$10,000 from account no. 002.5110.100 to account no. 001.1640.100.
Vote: 7-0.
RESOLUTION NO. 188A Motion by Fagan, Second by Marcellus.
RE: MOTION TO AMEND RESOLUTION NO. 188 TO ADD THE EFFECTIVE DATE OF SEPTEMBER
1, 2009
BE IT RESOLVED, that Resolution No. 188 be amended to add the effective date of September 1, 2009
Vote: 7-0.
RE: AUTHORIZE THE CREATION AND FILLING OF ONE (1) ADMINISTRATIVE ASSISTANT
TRAINEE POSITION – HIGHWAY DEPARTMENT - AS AMENDED
WHEREAS, we have one Administrative Assistant position that will be left vacant on December 18,
2009 due to retirement, and
WHEREAS, it is the recommendation of the Public Works Committee and the County Highway
Superintendent to create and fill one (1) new Temporary Administrative Assistant position for training
purposes, and
WHEREAS, this position will be abolished upon the retirement of the current Administrative Assistant.
NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent is hereby
71
authorized to create and fill one (1) Administrative Assistant Trainee position at an hourly rate of $16.79,
effective September 1, 2009, to be placed in Grade 8, as set forth in the Administrative Unit Contract.
Vote: 7-0.
RE: ACCEPT PROPOSAL FROM HUNT ENGINEERS FOR ENGINEERING DESIGN OF VANZANDT
HOLLOW BRIDGE – HIGHWAY DEPARTMENT
WHEREAS, the Highway Superintendent and the Public Works Committee agree that the VanZandt
Hollow Bridge needs to be replaced, and
WHEREAS, Hunt Engineers has proposed engineering services to include preparation of contract
documents and specification packages for this bridge replacement for a not to exceed amount of $36,400.00,
funds available in the 2009 County Road budget account no. 5020.400.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the proposal
price of $36,400.00 for engineering services from Hunt Engineers for the VanZandt Hollow bridge replacement,
and
BE IT FURTHER RESOLVED, that the Chairman of Legislature be hereby authorized to sign the
Proposal Agreement, subject to the approval of the Schuyler County Attorney.
DISCUSSION: Administrator O’Hearn explained to Legislator Fagan that there would be no additional costs
for inspection services.
Vote: 7-0.
RE: AUTHORIZE CHANGE ORDER #5 WITH DAY AUTOMATION SYSTEMS - BUILDINGS AND
GROUNDS
WHEREAS, Resolution No. 275-07 authorized a contract with Day Automation Systems to install a
Security System in all county buildings for a total contract price of $271,740, and
WHEREAS, Resolution No. 462-07 authorized Change Order #1 in the amount of $7,283 with Day
Automation Systems for various changes to the security system, and
WHEREAS, Resolution No. 220-08 authorized Change Orders #2 and 3 in the amount of $13,951 with
Day Automation Systems for additional changes to the security system, and
WHEREAS, Resolution No. 297-08 authorized Change Orders #4 in the amount of $3,095 with Day
Automation Systems for additional changes requested by the Courts to the security system, and
WHEREAS, additional wireless panic buttons with installation and a controller panel are required for
the security system, and
WHEREAS, the Public Works Committee has reviewed the referenced change and recommends
authorization thereof as follows:
$271,740.00
Net Change by Previously Authorized Change Orders
$ 24,329.00
Contract Amount Prior to this Change Order
$296,069.00
Amount Contract will Increase by Change Order #5
$ 6,570.00
$302,639.00, and
WHEREAS, funding is available in the Capital Reserve account no. 004-1620-209 to pay for said
increase.
sign Change Order #5 proposal at a total cost of $6,570.00 with Day Automation Systems, subject to approval
of the Schuyler County Attorney.
Vote: 7-0.
RE: DECLARE VEHICLES AS SURPLUS EQUIPMENT – PURCHASING DEPARTMENT
WHEREAS, the Sheriff’s Department and the Highway Department wish to declare vehicles as surplus.
Legislature hereby declare said vehicles as surplus, and
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BE IT FURTHER RESOLVED, that said vehicle be auctioned off.
Asset#
Description
Department
4098
1999 Chevy Tahoe SUV 1L05 VIN #IGNEK13R8X5516196 Sheriff
5142
2003 Dodge Ram ¾ Tn P/U (Central Garage)
Highway
Vote: 7-0.
RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR DENTAL INSURANCE FOR 2010
WHEREAS, the Health Insurance Review Committee recommends soliciting Request for Proposals
(RFP) for the County’s dental insurance for 2010.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the Human Resources
Director to solicit proposals for the County’s dental insurance as set forth by the Health Insurance Review
Committee.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH DIVA SOLUTIONS LLC d/b/a HR BEST PRACTICES FOR A
DEPENDENT AUDIT – HUMAN RESOURCES
WHEREAS, the County’s health insurance broker has recommended to the Human Resources
Department and Health Insurance Review Committee that a dependent audit be conducted to ensure that only
eligible dependents are receiving health insurance benefits, and
WHEREAS, the Human Resources Director and the Health Insurance Review Committee concur with
this recommendation.
enter into a contract with DIVA Solutions, LLC d/b/a HR Best Practices for a dependent audit of the County’s
health insurance at a cost of $1,000 for each confirmed ineligible or non-complier; funding available in Health
Insurance account no. 009.9060.807; subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 194A Motion by Bleiler, Second by Larison.
RE: MOTION TO AMEND RESOLUTION NO. 194 TO ADD ADDITIONAL LANGUAGE
BE IT RESOLVED, that Resolution No. 194 be amended to add additional language to the first and
second to last Whereas clauses as follows, changes in bold.
“WHEREAS, the State of New York signed a contract to purchase property across the road from the
State Park entrance consisting of land and buildings in lots 1-6 commencing at the corner of Franklin Street
and 10th St. in Watkins Glen, NY in August of 2007, and
WHEREAS, the Schuyler County Legislature’s support was predicated on the ultimate aesthetic
improvement of the property and the resulting enhancements to the Watkins Glen State Park, considered to be a
true community asset, and a destination of over one million visitors a year, and”.
DISCUSSION: Legislator Bleiler felt the need to have it known that this is a big attraction to Schuyler County
during the tourist season. Administrator O’Hearn suggested adding to the Resolution that it is a destination of
over one million visitors a year. Legislator Bleiler also wished to have the location noted in the first whereas
that it is directly across the street from this attraction.
Vote: 7-0.
RE: RESOLUTION URGING THE STATE TO PROCEED WITH THE PROJECT TO CLEAN UP THE
BUILDING ACROSS THE ROAD FROM THE STATE PARK ENTRANCE ON FRANKLIN
STREET -AS AMENDED
WHEREAS, the State of New York signed a contract to purchase property across the road from the State
Park entrance consisting of land and buildings in lots 1-6 commencing at the corner of Franklin Street and 10th
St. in Watkins Glen, NY in August of 2007, and
WHEREAS, said purchase, made in May of 2008, was intended to provide land to be annexed by
Watkins Glen State Park to accommodate overflow parking and contribute to upgrades to the park facility, and
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WHEREAS, to achieve the desired outcome all existing buildings were to be demolished and cleared
from the property, and
WHEREAS, said purchase and plan was supported by the County Legislature even though it resulted in
the loss of taxable property for all taxing jurisdictions, and
WHEREAS, the Schuyler County Legislature’s support was predicated on the ultimate aesthetic
improvement of the property and the resulting enhancements to the Watkins Glen State Park, considered to be a
true community asset, and a destination of over one million visitors a year, and
WHEREAS, as of June 1st, 2009 the property continues to sit in disrepair, portraying an image of blight
at the gateway to an otherwise vibrant community.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature implores the NYS
Office of Parks and Recreation to honor its commitment to the County and Village of Watkins Glen by
proceeding with the demolition and clean up of the aforementioned properties.
BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor David Paterson,
Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, and Tim Josephs, Regional Director New
York State Parks.
Vote: 7-0.
RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261
OF THE NEW YORK STATE TAX LAW
WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax
receipts for the period October 1, 2008 through March 31, 2009, pursuant to Section 261 of the New York State
Tax Law, and the same has been apportioned to the various municipalities thereto.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to
pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto.
EXHIBIT "A"
MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES
OCTOBER 1, 2008 THROUGH MARCH 31, 2009
TOWNS
Amount Due
VILLAGES
Amount Due
Catharine
$5,093.00
Burdett
$585.38
Cayuta
$1,363.20
Montour Falls
$2,810.40
Dix
$12,410.35
Odessa
$923.92
Hector
$32,903.09
Watkins Glen
$4,415.52
Montour
$7,410.26
Orange
$11,235.86
Reading
$10,049.31
Tyrone
$11,255.16
TOTALS
$91,720.23
$8,735.22
APPROVED BY COMMITTEE:
Signatures on file.
Dennis A. Fagan
Delmar F. Bleiler
Paul N. Marcellus
Stewart F. Field
Vote: 7-0.
RESOLUTION NO. 196A Motion by Fagan, Second by Marcellus.
RE: MOTION TO AMEND RESOLUTION NO. 196 TO CORRECT AMOUNT FROM $30,000 TO
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$60,000
BE IT RESOLVED, that Resolution No. 196 be amended to change the amount of $30,000 to read
$60,000.
DISCUSSION: Legislator Fagan said he did not account for the $30,000 in retainage that needs to be taken
from the checking account. The Resolution needs to be increased by an additional $30,000.
Vote: 7-0.
RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR THE WATERSHED PROTECTION
DISTRICT – AS AMENDED
WHEREAS, the County Auditor is in receipt of bills for the Aquatic Vegetation Management Program
for herbicide treatments to both Lamoka and Waneta Lakes totaling $252,409.50 and there is only $104,327.20
in the Watershed Protection budget, and
WHEREAS, there is a need to transfer funds from a checking account that was created for the
Lamoka/Waneta Lakes Rehabilitation District treatments to pay said bills and other bills expected to be no more
than $60,000 for the remainder of 2009.
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$208,082.30
8740.400
Contractual Expenses
+$208,082.30
8740-2389
Other Home & Comm. Services Revenue
Vote: 7-0.
RE: AUTHORIZING A TAX ROLL CORRECTION FOR STATE OWNED PROPERTY IN THE TOWN
OF DIX – REAL PROPERTY TAX
WHEREAS, application for refund of real property taxes has been filed in accordance with Real
Property Tax Law (RPTL) Section 556 for parcels 65.17-2-1, 65.17-2-2, 65.17-2-3, 65.17-2-4, & 65.17-2-5
owned by the State of New York, in the Village of Watkins Glen, Town of Dix, and
WHEREAS, real property acquired by the State becomes immediately exempt from taxation pursuant to
RPTL Section 404, and
found that placing these parcels in the taxable section of the roll constitutes an unlawful assessment as defined
in RPTL Section 550(7)(a), and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Management &
Finance Committee that the application for correction be approved.
NOW, THEREFORE, BE IT RESOLVED, that the application for refund be approved, and that the
taxes due in the amount of $7,125.15 be expunged from the roll with an appropriate chargeback to the Town of
Dix.
Vote: 7-0.
RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2009 SETTING SALARIES FOR
CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2010, 2011, 2012, 2013.
WHEREAS, Local Law Intro. No. 2/Local Law No. 3 of the Year 2009 Setting Salaries for Certain
Elected Officials for Fiscal Years 2010, 2011, 2012, 2013 was heretofore introduced and appropriate notice
established in the official newspaper regarding a public hearing to be held June 8, 2009 at 6:45 p.m., and
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. 3 of the Year
2009, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
passage, enactment and adoption of Local Law Intro. No. 2/Local Law No. 3 of the Year 2009, together with
the required text thereof in the official county newspaper.
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LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2009
A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2010, 2011, 2012, 2013.
Section 1.
LEGISLATIVE INTENT
This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of
setting the salaries of certain elected officials for fiscal years 2010, 2011, 2012, 2013.
Section 2.
OFFICIALS/SALARIES
Effective with the first County payroll for fiscal years 2010, 2011, 2012 and 2013 the annual salaries of
the following officials shall be adjusted by the Consumer Price Index (CPI). The CPI to be used for this
adjustment will be the New York Area of the Urban Wage Earners and Clerical Workers (CPI-W) Group. The
adjustment will be made annually based on the CPI from the July Bureau of Labor Statistics data report.
TITLE
CURRENT SALARY
Legislators
$7,143
Sheriff
$69,573
County Clerk
$57,573
District Attorney
$124,113*
* - salary subject to change by State of New York
Section 3.
EFFECTIVE DATE
This Local Law shall take effect immediately upon the filing with the Secretary of State.
Vote: 7-0.
RE: AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR FOR THE SALE OF TIMBER ON
FEDERALLY OWNED ENTITLEMENT LAND
WHEREAS, the Schuyler County Treasurer has received $22,088 in revenues from the sale of timber on
federally owned entitlement land in the Town of Hector, and
WHEREAS, in accordance with the provisions set forth in Section 500 of Title 16, United States Code,
these funds must be used for the benefit of public schools or public roads, and
WHEREAS, this income is normally used by the Town of Hector for road maintenance.
transfer $22,088 to the Town of Hector for road maintenance in the Hector Land Use Area.
Vote: 7-0.
RE: AUTHORIZE BUILDING MAINTENANCE SUPERVISOR TO APPROVE CHANGE ORDERS ON
THE SHARED PUBLIC WORKS FACILITY PROJECT – BUILDINGS AND GROUNDS
WHEREAS, there are typically minor changes necessary to complete capital projects with multiple
prime contracts, and
WHEREAS, it is necessary to respond to these change requests in a timely manner.
Building Maintenance Supervisor the authority to review and approve change orders for less than $5,000, in
consultation with the County Administrator, and
BE IT FURTHER RESOLVED, that no change orders will be made in excess of the project budget, and
BE IT FURTHER RESOLVED, that the Schuyler County Buildings & Grounds Maintenance
Supervisor is hereby authorized to sign any change orders, subject to the approval of the Schuyler County
Attorney.
Vote: 7-0.
RE: AUTHORIZE AGREEMENT WITH PRO ACTION OF STEUBEN AND YATES, INC. FOR
PLACEMENT OF THE SENIOR EMPLOYMENT PROGRAM AT OFFICE FOR THE AGING–
OFFICE FOR THE AGING
WHEREAS, Pro Action of Steuben and Yates, Inc. operates Senior Employment Program services, and
WHEREAS, the services are to assist individuals age 55 and older enter/re-enter the workforce, and
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WHEREAS, program participants are provided with 20 hours of paid community service provided
through the US Department of Labor via Pro Action., and
WHEREAS, Pro Action’s Senior Employment Program serves Schuyler County, and
WHEREAS, the Schuyler County Office for the Aging can provide the opportunity to program
participants to learn new skills or enhance current skills.
sign any and all agreements with Pro Action of Steuben and Yates, Inc. for the placement of Senior
Employment training at the Schuyler County Office for the Aging from June 15, 2009 through May 31, 2010,
said agreement subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: AUTHORIZE THE TEMPORARY INCREASE IN HOURS FOR MEAL DELIVERER - OFFICE FOR
THE AGING
WHEREAS, the Schuyler County Office for the Aging has a full-time Meal Deliverer position, three (3)
part-time positions and two (2) on-call positions, and
WHEREAS, the full-time Meal Deliverer also spends a percentage of work time in the kitchen assisting
with meal preparation duties, cleaning and additional work where needed, and
WHEREAS, the full-time Meal Deliverer will be going on medical leave for an unspecified period of
time, and
WHEREAS, this work will need to be covered during that absence, and
WHEREAS, there is an on-call Meal Deliverer who has been trained in the kitchen.
NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to
approve the additional hours at the current hourly rate of $10.86 for the on-call Meal Deliverer during the
absence of the full-time Meal Deliverer.
BE IT FURTHER RESOLVED, that the on-call Meal Deliverer will be returned to the requirement of
17 hours or less per week upon return of the full-time Meal Deliverer.
Vote: 7-0.
RE: RESOLUTION IN SUPPORT OF OFFERING THE CANARX PRESCRIPTION PROGRAM TO ALL
COUNTY EMPLOYEES AND RETIREES
WHEREAS, the Health Insurance Review Committee (HIRC) was asked to review the possibility of
offering the CanaRx prescription drug program to all County employees and retirees since the County is now
self-funded, and
WHEREAS, the HIRC has reviewed all options and recommends the CanaRx program be offered, on a
voluntary basis, with no co-pay, to all County employees and retires because of the potential for cost savings for
all parties.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports and
approves of offering the CanaRx program to all County employees and retirees effective upon implementation
with no co-pay cost to the participants.
Vote: 7-0.
RE: AUTHORIZE WATER TREATMENT SERVICE CONTRACT WITH WATER WISE, INC. –
BUILDINGS & GROUNDS
WHEREAS, the new cooling tower needs to be treated to prevent scalding as well as algae growth, and
WHEREAS, the Building Maintenance Supervisor has received three quotes to provide this service, and
WHEREAS, Water Wise, Inc. provided the lowest quote.
NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor recommends
using Water Wise, Inc., 311 Exchange Boulevard, Rochester, NY 14608, for the annual sum of $1,380, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a
service agreement with Water Wise, Inc. to provide water treatment service for the period of June 1, 2009 to
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May 31, 2010 at a total cost of $1,380, funding available in account no. 1620.490, subject to approval of the
Vote: 7-0.
BE IT FURTHER RESOLVED, that two (2) additional Resolutions be brought to the floor.
Vote: 7-0.
RE: AUTHORIZE A ONE TIME ADVANCE PAYMENT TO THE WATKINS GLEN AREA CHAMBER
OF COMMERCE AS THE TOURIST PROMOTION AGENCY (TPA)
WHEREAS, the current 2009 contract between the Watkins Glen Area Chamber of Commerce and the
County as the TPA states that payments will be made by the Treasurer within thirty days of receipt of all
lodging taxes per quarter, and
WHEREAS, the Chamber of Commerce is in a position where they are requesting a one-time advance of
$50,000 prior to the scheduled second quarter payment.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the
Schuyler County Treasurer to make an advance payment of $50,000 effective immediately from account no.
6410.436-Room Tax-Chamber of Commerce.
DISCUSSION: Administrator O’Hearn explained the request for an advance. The Chamber has expenses that
are due before the third quarter to agencies applying for room tax funds from them. It is simply a cash flow
issue and picking up the agencies previously funded by the County in the past. Chairman Gifford said the
Chamber had agreed to pay the agencies by May 1st and they do not have the cash flow to do so.
Vote: 7-0.
RE: AUTHORIZE EXTENDING THE TERM OF THE 2008-2009 CONTRACT WITH THE FRIENDS OF
THE SCHUYLER COUNTY ANIMAL SHELTER (FOSCAS) – SHERIFF’S DEPARTMENT
WHEREAS, the current contract with FOSCAS is to expire June 2, 2009, and
WHEREAS, there is a need to extend the said contract until July 31, 2009.
sign a contract extension with FOSCAS with a term ending July 31, 2009, subject to approval by the Schuyler
County Attorney.
Vote: 7-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS:
The Clerk brought up the discussion relative to the County owned property in the Town of Catharine
and the update from Attorney Coleman. Attorney Coleman stated that his office has canvassed all of the
surrounding neighbors of interest and the answer is continually no. He gave David Lisk, Building Maintenance
Supervisor, the go ahead to hire Microbac to find out if there is asbestos and what the cost of demolition would
be. There was a motion from the May Legislative Resolution Review Committee meeting that authorized to
proceed with hiring Microbac contingent upon asking the neighbors. Legislator Marcellus said this property has
never gone to auction to the community, correct? Attorney Coleman said it would go to the next auction if you
do nothing with it. Legislator Marcellus feels that is what the County should do with it. Administrator O’Hearn
said David is waiting to hear and has not hired anyone yet. Legislator Marcellus feels they should at least try to
sell it at the next auction rather then spend the money on a study. Legislator Karius agreed with Legislator
Marcellus. Legislator Fagan asked what the concern is from the Town of Catharine. Legislator Bleiler said the
building is falling apart. How can they let it stay that way and be liable for it? Legislator Marcellus suggested
conveying it to the Town of Catharine. Legislator Larison said they do not want the property. They have just
offered to help truck it away if demolished by the County. He feels it is an eye sore and hazardous to the
County. Legislator Marcellus asked if the Town knows that they could have it. It might be valuable to know
and they may want it. Legislator Bleiler said he is positive that they are not at all interested and is surprised
they offered to help take it away. He asked what the cost is for the auctioneer. Attorney Coleman said it is
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based rate and percentage to auctioneer. Chairman Gifford said someone should make a motion to offer the
property to the Town of Catharine with our help to tear it down and if there is no interest it goes to auction in
the fall.
MOTION by Legislator Marcellus to offer the property to the Town of Catharine and if they are not
interested then it goes to the auction in the fall, SECOND by Legislator Karius. Legislator Marcellus then
asked if anything precludes them from offering the land by auction on line. He would like to see them list the
Burdett property and this property and leave it there for bids. Attorney Coleman said that could be done.
Legislator Bleiler said that there would be no testing for hazardous material and delay the process accordingly
then? Attorney Coleman stated that they should not do that. If there are grounds to believe there is asbestos, it
will come full circle. Legislator Bleiler felt the assessment should just be done then. Chairman Gifford said it
sounds to him like it is going to go to auction. Legislator Marcellus feels if they had offered it at auction once
before they would not be discussing it now. He would like to see it placed on line for a month to get it going.
Legislator Larison said maybe they should not take property where people have not paid the taxes. Attorney
Coleman said that has happened before in the past where there were environmental issues with the property.
Under a new law now, the County can refuse to take the property. Motion failed three ayes to four noes. Noes
were Legislators Field, Bleiler, Larison, and Fagan.
Legislator Field reported that the Main Street and Franklin Street funds through SCOPED should be
here soon. The Business Park looks good and there is a Canadian manufacturer interested and discussion with
that company continues. Also, SCOPED was honored for first place and received a certificate of excellence
recently.
Administrator O’Hearn felt the letter to Governor Paterson regarding funding for our local Soil and
Water Conservation District might carry more weight coming from the Legislature, not himself. He also
reported that two representatives from the State Comptroller’s Office will be visiting the County to do an on site
risk assessment to review the creation of the Human Services Complex and the creation of the Local
Development Corporation (LDC). They will be attending Management and Finance Committee meeting June
17, 2009, to meet with the Legislature as a whole. If you are able to attend, they will be there. They thought we
would need months to prepare their requested information and we are ready now. He feels the Comptroller’s
Office believes that the County bought the building, renovated it and turned it over to the LDC. Legislator
Fagan said he would like to ask the Comptroller how a dedicated fund for Soil and Water Districts can be
zeroed out by mistake. Legislator Marcellus asked the County Attorney if he would ask how it could be swept
clean and it is now empty. Attorney Coleman said he can check. Legislator Bleiler felt the question should be
asked of the Attorney General, not the Comptroller.
SPECIAL MEETING
JUNE 30, 2009
The June 30, 2009 Special Meeting of the Schuyler County Legislature was called to order at 3:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius followed by a moment of Silence.
All Legislators were present except Legislators Bleiler, Yuhasz and Marcellus who were excused. County
Attorney James Coleman and County Administrator O’Hearn were also present.
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1. AUTHORIZE AGREEMENTS WITH KING AND KING MECHANICAL, INC., CONCORD
ELECTRIC CORP., AND CLIMATE CONTROL TECHNOLOGIES FOR THE SHARED
PUBLIC WORKS FACILITY – BUILDINGS AND GROUNDS
Vote: 5-0.
RE: AUTHORIZE AGREEMENTS WITH KING AND KING MECHANICAL INC., CONCORD
ELECTRIC CORPORATION AND CLIMATE CONTROL TECHNOLOGIES, INC. FOR THE
SHARED PUBLIC WORKS FACILITY – BUILDINGS AND GROUNDS
WHEREAS, the Legislature adopted Resolutions authorizing contracts with ICT for Mechanical
Construction, Mechanical Controls and Electrical Construction relative to the new Shared Public Works
Facility, and
WHEREAS, ICT Mechanical, Inc. was awarded the mechanical, electrical and mechanical controls
contracts for the Schuyler County Shared Public Works Facility by Resolutions No. 498-08, No. 499-08, and
No. 500-08, and
WHEREAS, ICT Mechanical Inc. is unable to fulfill their bid requirements, therefore the County needs
to accept the next lowest bidder for all three services, and
WHEREAS, declarations of default, notices to surety and termination notices have been duly issued, and
WHEREAS, International Fidelity Insurance Company, surety on the bonds related hereto, has
consented to the substitution of King and King Mechanical Inc., Concord Electrical Corporation and Climate
Control Technologies, Inc. for execution of subject work, and
WHEREAS, King and King Mechanical, Inc., Concord Electrical Corporation and Climate Control
Technologies, Inc. were in fact the next low bidders for the original contracts, and
WHEREAS the Shared Public Works Facility construction has reached a critical phase at which
immediate incorporation of substitute contractors is found by this Legislature to be an immediate necessity in
order to avoid disruption of the building project and the consequent increased cost.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts Hunt
Engineers, Architects & Land Surveyors, P.C. recommendations of King & King Mechanical, Inc., 16 Fairway
Drive, Auburn, NY 13021 as low bidder for the Mechanical Contractor at the cost of $310,576, Climate
Controls Technologies, Inc., 33 Brookside Avenue, Endwell, NY 13760, as low bidder for the Mechanical
Controls Contractor at the cost of $79,800, and Concord Electrical Corporation, 705 Maple Street, Rochester,
NY 14611 as low bidder for the Electrical Contractor at the cost of $209,400, and
BE IT FURTHER RESOLVED, that costs are to be paid from the Shared Public Works Facility Capital
account, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into
said contracts above mentioned at a total cost of $599,776.00, subject to the approval of the Schuyler County
Attorney.
DISCUSSION: Legislator Fagan asked David Lisk, Building Maintenance Supervisor, if these are all the
second lowest bidder for each category and is he comfortable with them. David Lisk said yes he is and Chris
Bond from Hunt Engineering is recommending them all. Legislator Fagan then asked if this will hold up the
schedule more. David said we did loose about twenty days with steel which pushed us back to October 22,
2009 for completion, however this will not delay us anymore.
Vote: 5-0.
The Clerk stated that all legislators received this morning a letter from Attorney Coleman regarding the
ICT default situation. Some discussion was held prior to the meeting officially started. Attorney Coleman
clarified that the monies due to the union does not at all fall on these projects here at the County, includes all
projects ICT completed. He wants to nail this down with Bond Counsel. There is a window of eight months
from the time in which ICT quit working. He has no way of knowing if there is another claim out there
watching the eight months go by. He will do his best to protect the County from a double hit. The $114,000
owed to ICT is frozen and was placed in a trust fund. They will not do anything with it until a court says we
have to. Legislator Fagan asked about the retainage on the contracts. David said they were 5%. The County
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only paid partial payments and only two contracts were completed. The final invoices were not paid prior to the
breakdown of the company. The Clerk asked Attorney Coleman if we would be receiving a bill from Harris
Beach for his inquiry. Attorney Coleman said he is not sure if Harris Beach has the expertise for this and it was
merely a phone call at this point. If they can not help us he will then go to Davidson and O’Mara for advise.
REGULAR MEETING
JULY 13, 2009
The July 13, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler followed by a moment of Silence.
All Legislators were present except Legislator Yuhasz who was excused. County Attorney James Coleman and
Mr. Jack Wilbert from Tyrone had called and spoke with County Administrator regarding his concerns
with the gas drilling and Mr. O’Hearn informed him he could come share his concerns tonight during public
participation. Mr. Wilbert said Steve Koffman will also be speaking on the topic. Both gentlemen read from
the documentation they provided the legislators, which is on file in the Legislative Office. They both have
some major concerns relative to Marcellus gas drilling and how it is different from other drilling.
RE: APPROVE MINUTES OF THE JUNE 8, 2009 REGULAR MEETING AND THE JUNE 30, 2009
SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the June 8, 2009 Regular Meeting and the June 30, 2009 Special
Meeting of the Schuyler County Legislature be approved.
Vote: 7-0.
RESOLUTION NO. 211 Motion by Field, Second by Marcellus.
RE: AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY REGIONAL
EXERCISE PROJECT – EMERGENCY MANAGEMENT
WHEREAS, the New York State Homeland Security is soliciting applications for funding made
available to the New York State Office of Homeland Security (OHS) to be awarded to local governments for the
purpose of expanding regional preparedness capabilities of first responders to respond to major terrorist events
and/or natural disasters, and
WHEREAS, the Emergency Management Office wishes to be a collaborate and participate with regional
partners, Environmental Emergency Services, Inc (EES), Steuben County, Chemung County, City of Corning,
Elmira, and Hornell, and
WHEREAS, the regional partners wish to apply for $58,000.00 under the State Homeland Security
Regional Exercise Project with no local cost.
sign any and all documents relative to the State Homeland Security Regional Exercise Project, subject to the
Vote: 7-0.
RE: AUTHORIZE TRANSFER OF FUNDS FOR NAVIGATION EQUIPMENT EXPENSES –
SHERIFF’S OFFICE
WHEREAS, the Schuyler County Sheriff’s Office has experienced a major failure in the outboard motor
on one of the navigation boats, and
WHEREAS, the cost of repairing the motor exceeds the value of the boat and motor combination, and
there were no funds budgeted for replacement in the 2009 Budget, and
WHEREAS, a boat is needed to patrol the smaller lakes within the county, and
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WHEREAS, the New York State Office of Parks and Recreation will reimburse the county for seventy
five percent of the purchase under the Navigation Program, and
WHEREAS, said funds are available in the Car Operation and Expense Account.
make the following transfer in the 2009 Sheriff’s Department budgets as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
-$10,000
3110.444
Car Operation and Expense
+$10,000
3111.200
Navigation Equipment
Vote: 7-0.
RE: AUTHORIZE THE ENHANCED SUPERVISION OF SEX OFFENDERS CONTRACT WITH THE
NEW YORK STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES –
PROBATION DEPARTMENT
WHEREAS, the New York State (NYS) Division of Probation and Correctional Alternatives will
reimburse the Schuyler County Probation Department $1,376 annually for each Sex Offender Registration Act
(SORA) risk level 2 and 3 sex offender that the Probation Department provides enhanced supervision services
for during the contractual period. The total for all reimbursements in this contract are not to exceed $6,676
annually, and
WHEREAS, the NYS Division of Probation and Correctional Alternatives will reimburse the Schuyler
County Probation Department $300 annually for each SORA risk level 2 and 3 sex offender under supervision
of the Probation Department on which a polygraph examination has been performed in the contractual period.
The total for all reimbursements in this contract are not to exceed $6,676 annually, and
WHEREAS, the NYS Division of Probation and Correctional Alternatives will reimburse the Schuyler
County Probation Department up to $5,000 annually for reasonable costs determined by NYS Division of
Probation and Correctional Alternatives which has been incurred by the Schuyler County Probation Department
in the return or retaking of SORA risk level 2 or 3 sex offenders under probation supervision in absconder
and/or violator status. The total for all reimbursements in this contract are not to exceed $6,676 annually.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an
agreement to accept State Aid as described above per levels 2 and 3 sex offenders for a contractual period of
April 1, 2009 through March 31, 2010, subject to approval by the Schuyler County Attorney.
Vote: 7-0.
BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Ronald
Vedder of Cargill, Inc. as the Industry Representative to the Schuyler County Planning Commission for the term
January 1, 2009 through December 31, 2010.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH GRETCHEN ANN JACOBS FOR EARLY INTERVENTION
SERVICES – PUBLIC HEALTH
and
WHEREAS, Gretchen Ann Jacobs is approved as a provider for Early Intervention Services, and
enter into a contract with Gretchen Ann Jacobs for Early Intervention Services, effective July 1, 2009 through
December 31, 2009, at rates established by the New York State Department of Health, to be renewed annually, on
a calendar year, funds available in the Public Health budget account no. 4054.490, subject to the approval of the
Vote: 7-0.
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RE: AUTHORIZE APPOINTMENT TO THE MENTAL RETARDATION/DEVELOPMENTAL
DISABILITY SUBCOMMITTEE - COMMUNITY SERVICES
WHEREAS, Resolution 23-09 establishes there is no term limits for Community Services Board and
Subcommittee members, and
WHEREAS, Gretchen Silliman has expressed interest in continuing on the Mental Retardation/
Developmental Disability Health Subcommittee, and
WHEREAS, there is a vacancy on the Mental Retardation/Developmental Disability Health
Subcommittee.
appointment of Gretchen Silliman to the Mental Retardation/Developmental Disability Health Subcommittee
for the term July 14, 2009 through December 31, 2009.
Vote: 7-0.
RE: RECOGNIZE JULY AS INTERNATIONAL GROUP B STREP AWARENESS MONTH – PUBLIC
HEALTH
WHEREAS, approximately 1 in 4 pregnant women carry Group B Strep (GBS), the most common cause
of life-threatening infections in newborns and can also infect babies during pregnancy and the first few months of
life, and
WHEREAS, not all babies exposed to GBS become infected, but for those who do, the results can be
devastating, causing babies to be miscarried, stillborn, born prematurely, become very sick, have lifelong
handicaps or die, and
WHEREAS, there are ways to help protect babies from Group B Strep by providing an antibiotic to the
mother during labor until delivery, if the screening shows GBS present, and
WHEREAS, the key to preventing transmission of GBS to newborns is screening because it is difficult to
predict who will be affected, and
WHEREAS, the Center for Disease Control (CDC) recommends that a pregnant woman get tested for
GBS when she is 35 to 37 weeks pregnant by sterile swab, then receiving IV antibiotics during labor and delivery.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledge July 2009
as International Group B Strep Awareness Month.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH SCHUYLER HOSPITAL, INC. FOR OVERNIGHT NURSING
HOME RESPITE UNDER THE TITLE III-E CAREGIVER PROGRAM– OFFICE FOR THE AGING
WHEREAS, the Title III-E Caregiver Program allows for overnight nursing home respite services, and
WHEREAS, there are clients receiving Caregiver services who may need overnight nursing home
respite, and
WHEREAS, Schuyler Hospital, Inc. located at 220 Steuben Street in Montour Falls, NY 14565, has a
duly licensed nursing home in good standing and a Swing Bed program both of which can provide the needed
services, and
WHEREAS, the 2009 Title III-E budget includes funds for such services in account no. 6772.490.
sign any and all contracts and agreements with Schuyler Hospital, Inc. to provide overnight nursing home
respite at a rate of $300.00 per day for the term of July 1, 2009 through December 31, 2009, said contract
subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: AUTHORIZATION TO ENTER INTO AGREEMENT WITH AFFILIATED PSYCHOLOGICAL
CONSULTANTS, P.C. (APC, P.C.) TO PROVIDE PROFESSIONAL SERVICES – SOCIAL
SERVICES
83
WHEREAS, the Department of Social Services wishes to provide caseworkers access to professional
group consultations with a qualified psychologist/facilitator in order to facilitate a discussion and review of best
practices, and
WHEREAS, the Department has been in contact with Dr. Papperman of APC, P.C. and has worked out
an arrangement to facilitate group sessions for a maximum of four one hour sessions per month at a cost of
$85.00 per session, maximum of $2,040 if all 24 sessions were held, and
WHEREAS, the contract will be evaluated in six (6) months to assess the benefits to the workers.
enter in an agreement between Social Services and Affiliated Psychological Consultants, P. C. for the period
July 1, 2009 through December 31, 2009 for a professional services contract in the amount of $2,040, funding
available in the 2009 Social Services budget account no. 6010.435, subject to approval by the County Attorney.
Vote: 7-0.
RESOLUTION NO. 220 Motipn by Larison, Second by Fagan.
RE: AUTHORIZE AMENDING THE FIRE ALARM TESTING AND MAINTENANCE AGREEMENT
WITH CPE INTERLINK/SENTRY ALARMS TO INCLUDE THE HUMAN SERVICES COMPLEX–
WHEREAS, Resolution No. 334-06 authorized advertisement for Fire Alarm Testing and Maintenance
for a period of three years, and
WHEREAS, Resolution No. 381-06 accepted the Building Maintenance Supervisor’s recommendation
of the low bidder, CPE InterLink/Sentry Alarms, 357 East 5th Street, Elmira, NY 14901 for the Fire Alarm
Testing and Maintenance contract at the low bid of $11,790 for the term January 1, 2007, through December 31,
2009, and
WHEREAS, the Human Services Complex Fire Alarm is no longer under warranty.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the
Building Maintenance Supervisor’s recommendation to add the Human Services Complex to the contract with
CPE InterLink/Sentry Alarms, 357 East 5th Street, Elmira, NY 14901 for Fire Alarm Testing and Maintenance
at the Human Services Complex at a cost of $500 for the term January 1, 2009, through December 31, 2009,
and that funding is available in Buildings and Grounds 2009 budget account no. 1620.490, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said
amendment to the agreement with CPE InterLink/Sentry Alarms, subject to the approval by the Schuyler
County Attorney.
Vote: 7-0.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF VANZANDT
HOLLOW BRIDGE REPLACEMENT – HIGHWAY DEPARTMENT
WHEREAS, Schuyler County accepted a proposal for engineering services for the replacement of
VanZandt Hollow Bridge over Glen Creek BIN #3332350, and
WHEREAS, the project design is complete, it is now necessary to advertise for bids for construction.
NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to
advertise for bids for the construction of the VanZandt Hollow Bridge Replacement.
Vote: 7-0.
RE: AUTHORIZING THE IMPLEMENTATIONN, AND FUNDING IN THE FIRST INSTANCE 100%
OF THE FEDERAL AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF
A TRANSPORTATION FEDERAL –AID PROJECT, AND APPROPRIATING FUNDS
THEREFORE – HIGHWAY DEPARTMENT
WHEREAS, a Project for the replacement (BIN 22254310), South Genesee Road over Catharine Creek,
Schuyler County, PIN 6753.97 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that
calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20%
non-federal funds, and
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WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100%
of the non-federal share of the costs of the replacement of (BIN 22254310) South Genesee Road over Catharine
Creek, Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does
hereby approve the above-subject project, and
BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler
to pay in the first instance 100% of the federal and non-federal share of the cost of Design and Right of Way
Incidental work for the Project or portions thereof, and
BE IT FURTHER RESOLVED, that the sum of $165,000 is hereby appropriated in the 2009 budget,
account number 5020.400 and made available to cover the cost of participation in the above phase of the
Project, and
BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the
project exceeds the amount appropriated above, the County of Schuyler shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the New York State Department of
Transportation thereof, and
BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be and is hereby
authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or
Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in
connection with the advancement or approval of the Project and providing for the administration of the Project
and the municipality’s first instance funding of Project costs and permanent funding of the local share of
federal-aid-eligible Project costs, and all Project costs within appropriations therefore that are not so eligible,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and
BE IT FURTHER RESOLVED, this Resolution shall take effect immediately.
Vote: 7-0.
DISCUSSION: Administrator O’Hearn explained to Legislator Fagan that the formula is the same for the
funding stream. However, there is no guarantee for the year 2010 and 2011. This is a pass through project for
the Town of Montour, the County has no local share involved.
RESOLUTION NO. 223 Motion by Karius, Second by Field.
RE: DECLARE EQUIPMENT JUNK/SURPLUS FOR THE EMERGENCY MANAGEMENT
DEPARTMENT – TREASURER’S OFFICE
WHEREAS, the Emergency Management Department has replaced the E911 Console Equipment and
wishes to declare some of the old equipment junk and surplus.
Legislature hereby declares said equipment as junk or surplus, and
BE IT FURTHER RESOLVED, that the following list of equipment be disposed of or placed in storage
to be sold at auction at a later date:
JUNK ITEMS:
SURPLUS ITEMS:
ASSET#
DESCRIPTION
ASSET#
DESCRIPTION
2672
Console for E911 System
2279
(1) JVC Video Cassett Recorder w/Editor
2905
2280
(1) JVC Video Cassett Recorder
3413
2281
(1) JVC Video Cassett Recorder
4125
E911 Gold base in FC Mod
2277
(1) Sony Color Monitor
4126
E911 Gold base in FC Mod
2278
(1) Sony Color Monitor
4178
CEB Card Cage & Cable E911
3090
(1) Minolta Camrea 8025 w/case
5466
Audio logy Voice Recorder
3091
(1) Minolta Lens 50mm Macro
5923
Dell 32” HD LCD TV
3092
(1) Minolta Lens 28.80 Zoom
2245
Motorola Base Station
3093
(1) Minolta Flash , Case & Filter
2255
Motorola Base Station
2234
(15) Scott Air Tanks 2100
2286
(7) Radio Base Stations
2282
(1) Explosimeter
2283
(1) Explosimeter
85
1991
APC Backup
5411
(2) Computer Dex
5925
Dell Optiplex GX620 computer
5926
Dell Optiplex GX620 computer
2436
UB Power Supply
Vote: 7-0.
RE: AUTHORIZE AMENDING RESOLUTION NO. 188-09 TITLED “AUTHORIZE THE CREATION
AND FILLING OF ONE (1) TEMPORARY ADMINISTRATIVE ASSISTANT POSITION –
HIGHWAY DEPARTMENT - AS AMENDED”
WHEREAS, Resolution No. 188-09 authorized the creation and filling of one (1) Temporary
Administrative Assistant position for the Highway Department, and
WHEREAS, said position should have been titled Administrative Assistant Trainee, and
WHEREAS, funding for the position was not addressed in Resolution No. 188-09.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 188-09 be amended to change the title in
the body of the Resolution from Temporary Administrative Assistant to Administrative Assistant Trainee, and
BE IT FURTHER RESOLVED, that the Now, Therefore, Be It Resolved clause now read as follows to
include funding for the position:
“NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent is hereby
authorized to create and fill one (1) Administrative Assistant Trainee position at an hourly rate of $16.79,
effective September 1, 2009, to be placed in Grade 8, as set forth in the Administrative Unit Contract, funding
for said position available in account no. 5010.100-Personnel Services.”
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH CLIMATE CONTROL TECHNOLOGIES, INC. – BUILDINGS &
GROUNDS
WHEREAS, HVAC Building Automation Systems (BAS) are currently being used in four (4) County
Buildings, and
WHEREAS, the Direct Digital Controls (DDC) requires the services of a trained software engineer,
licensed to own and use headend supervision and programming software and
WHEREAS, Climate Control Technologies, Inc. has agreed to provide these services,
WHEREAS, these services were being provided by ICT Mechanical, Inc. as a part of the HVAC
Repair/Maintenance Contracts by Resolution 20-09, and
WHEREAS, ICT Mechanical, Inc. is unable to fulfill their contract requirements, therefore the county
needs to enter into an agreement with Climate Control Technologies, Inc.
enter into a contract with Climate Control Technologies, Inc., 33 Brookside Avenue, Endwell, NY 13760 for
the term of July 1, 2009 to December 31, 2009 at a cost of $455 per month, with funding available in the 2009
budget, account no. 1620.490; subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: AUTHORIZE AGREEMENT WITH DAVIDSON & O’MARA, P.C. TO RETAIN CONSULTING
COUNSEL REGARDING THE ICT DEFAULT/AUTHORIZE TRANSFER OF FUNDS – COUNTY
ATTORNEY’S OFFICE
WHEREAS, ICT, Inc. has defaulted in performance of several county contracts, and
WHEREAS, numerous claims and/or liens have been asserted against contract funds now held in trust
by operation of law, and
WHEREAS, the County Attorney’s Office needs assistance in this specialized area of practice.
NOW, THEREFORE, BE IT RESOLVED, that the County Attorney’s Office be and hereby is
authorized to request a retainer agreement from Davidson & O’Mara, P.C., 243 Lake Street, Elmira, N.Y.
86
14901, for expedited review and approval. The hourly fee for counsel under said agreement shall be at the rate
of $125.00 per hour, plus disbursement, funding available for the consulting counsel shall be paid from
1420.435-Professional Fees and Services, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute the
retainer agreement, effective immediately; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer
$5,000 from Contingency account no. 1990.500 into the County Attorney’s budget account no. 1420.435Professional Fees and Services.
Vote: 7-0.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH DANIEL F. BIZZELL/ASSOCIATED APPRAISAL SERVICES,
INC. FOR DATA COLLECTION SERVICES – REAL PROPERTY TAX
WHEREAS, the county is in need of data collection services to facilitate the reassessment project in the
Towns of Catharine and Montour in 2010, and
WHEREAS, the data collector employed by the Real Property Tax Service Agency has resigned
effective July 17, 2009.
execute a contract with Daniel F. Bizzell/ Associated Appraisal Services, Inc for the Real Property Tax Service
Agency for data collection services for the term July 16, 2009 through September 30, 2009, at $10 per parcel,
not to exceed $11,000, funding available in the 2009 Real Property Tax budget account no. 1355.400; subject to
approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the position of Data Collector in the Real Property Tax Office be
abolished effective July 18, 2009.
Vote: 7-0.
DISCUSSION: Legislator Fagan asked if the intent of the data collector position was to groom them for the
Assessor position, and now we are contracting out the services instead, is that correct? Administrator O’Hearn
stated that it is all a matter of timing. The only municipality that is left is the Town of Montour. In order to
stay on schedule with the public meetings and other items, it is just best to contract the service out and then reevaluate the position of data collector. It may be more like an Assessor’s Aide position that would be required.
That title would be more appropriate to groom the next assessor.
NEW BUSINESS: None
Legislator Fagan informed the public that Monday, July 20th at 10:30 a.m. they will hold our
Community Development & Natural Resources Committee Meeting. On the agenda will be the Department of
Environmental Conservation involvement in drilling for discussion. He informed the two gentlemen that spoke
tonight that their recommendations will be taken into consideration.
Legislator Field reported that SCOPED is continuing to talk with three companies that are interested in
the Industrial Business Park. The negotiations are getting closer. They are two United States Companies and
one from Canada.
COUNTY ADMINISTRATORS REPORT:
Administrator O’Hearn recapped the Cardboard Boat Regatta that was held June 20th. Schuyler I won
again and took first place and Schuyler III took third place overall.
He also reported that there was an article in the Corning Leader regarding our County Wide Assessing.
The intent was to be flattering and it was not. He discussed the numbers and how the article was confusing.
He also reported that the USDA effort to round up the Geese will not happen. The geese have moved
out of the area.
87
The Corrections Officers union contract is still in negotiations and the target date is Wednesday, July
nd
22 for action to ratify by the Legislature. He requested that there may need to be a Special Meeting of the
Legislature called for that day.
SPECIAL MEETING
JULY 22, 2009
The July 22, 2009 Special Meeting of the Schuyler County Legislature was called to order at 9:00 a.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison followed by a moment of
Silence. All Legislators were present except Legislator Yuhasz who was excused. County Attorney James
Coleman and County Administrator O’Hearn were also present.
1.
AUTHORIZE INDEMNIFICATION AGREEMENT WITH THE VILLAGE OF WATKINS
GLEN FOR PARTICIPATION IN THE ITALIAN AMERICAN FESTIVAL– OFFICE FOR
THE AGING
2.
AUTHORIZE TRANSFER FUNDS FROM THE CAPITAL RESERVE ACCOUNT INTO A
TRUST ACCOUNT DUE TO ICT MECHANICAL SERVICES, INC. DEFAULT –
3.
AUTHORIZE A CONTRACT WITH THE HUMANE SOCIETY OF SCHUYLER COUNTY
(HSSC) FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S
DEPARTMENT
Vote: 7-0.
RE: AUTHORIZE INDEMNIFICATION AGREEMENT WITH THE VILLAGE OF WATKINS GLEN
FOR PARTICIPATION IN THE ITALIAN AMERICAN FESTIVAL – OFFICE FOR THE AGING
WHEREAS, Office for the Aging has an opportunity to participate in the Italian American Festival for
the purpose of providing information relevant to the services provided through the Office, and
WHEREAS, the Festival Committee has agreed to provide a location at the event at no expense, and
WHEREAS, there will be no sale of goods or exchange of money, and
WHEREAS, Office for the Aging is required to provide a signed Indemnification Statement for the
Village of Watkins Glen, as property owners of the festival site.
sign any and all statements provided to the Village of Watkins Glen through the Italian American Festival
Committee for the period of July 31- August 2, 2009, said agreement subject to approval of the Schuyler
County Attorney.
Vote: 7-0.
RE: AUTHORIZE TRANSFER FUNDS FROM THE CAPITAL RESERVE ACCOUNT INTO A TRUST
ACCOUNT DUE TO ICT MECHANICAL SERVICES, INC. DEFAULT – BUILDINGS AND
GROUNDS
WHEREAS, ICT Mechanical Services, Inc. has defaulted on several county contracts, and
WHEREAS, various creditors have filed a Notice of Lien with the county, and
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WHEREAS, the Schuyler County Treasurer holds funds in the amount of $114,591.40 previously due
ICT Mechanical Services, Inc., required to be held in trust for the benefit of creditors in accordance with Article
3-A of the NY Lien Law, and
WHEREAS, the breakdown by contract and account are as follows:
Phase I Courthouse Renovation
Retainage
Capital Acct
Acct No.
No.
004.0004.0605 004.1620.0606
ICT Mechanical Services, Inc.
Electrical Contract Reso. 317-08
Change Order #1 Reso. 396-08 (plus)
Contract Total
Total Paid To-Date
Total Due from Retainage Account
Total Due from Capital Account
Balance Due
$71,900.00
Mechanical Contract Reso. 317-08
Total Paid To-Date
Balance Due
$42,000.00
Mechanical Controls Contract
Reso. 395-08
Total Paid To-Date
Balance Due
Plumbing Contract Reso. 394-08
Total Paid To-Date
Balance Due
Total To Be Transferred
$864.00
$72,764.00
$64,587.60
$7,276.40
$900.00
-0-
$36,900.00
$4,200.00
$900.00
-0Phase II Courthouse Renovation
$70,700.00
$23,085.00
$2,565.00
$45,050.00
-0$53,700.00
-0$53,700.00
-0$14,041.40
$100,550.00
transfer funds in the amount of $100,550.00 from Capital Account no. 004.1620.0606 and $14,041.40 from
Retainage Account no. 004.0004.0605 into a Trust and Agency Account, and
BE IT FURTHER RESOLVED, that the following items were paid or due the County of Schuyler in
order to complete ICT Mechanical Services, Inc., Phase II work.
ICT Mechanical Services, Inc., Mechanical Controls Contract
Reso. 395-08
Proposed Change Order #1 (See Attached) Credit ($1,700.00)
Paid to Climate Control Technologies, Inc., Invoice no. 4667 for
purchase of HVAC Control parts to complete system
$617.54
Paid to Climate Control Technologies, Inc., Invoice no. 2009-15 for
programming HVAC Control system
$3,700.00
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ICT Mechanical Services, Inc., Plumbing Contract Reso. 394-08
Paid to General Contractor, Ace Unlimited, Change Order no.
GC09, for demolition of basement floor to install new sewer line
$2,417.00
$8,434.54
Total County lien on funds in Trust and Agency Account
Vote: 7-0.
RESOLUTION NO. 232 Motion by Larison, Second by Field
RE: AUTHORIZE A CONTRACT WITH THE HUMANE SOCIETY OF SCHUYLER COUNTY (HSSC)
FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S DEPARTMENT
WHEREAS, the HSSC has expressed a desire to take over the daily operation of the Schuyler County
Dog Shelter and has presented a viable business plan to the County, and
WHEREAS, the HSSC is willing to enter into a contract with Schuyler County, to operate the dog
shelter.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is
authorized to sign a contract with the Humane Society of Schuyler County for operation of the Schuyler County
Dog Shelter for a minimum term of five (5) years, renewable, subject to the approval of the Schuyler County
Attorney, and
BE IT FURTHER RESOLVED, that such contract terms to include, among other matters, a contingency
whereby the County would commit to dedicating net sale proceeds of the existing County-owned shelter in
support of a new facility to be constructed by the Humane Society of Schuyler County as soon as possible.
Vote: 7-0.
SPECIAL MEETING
JULY 29, 2009
The July 29, 2009 Special Meeting of the Schuyler County Legislature was called to order at 9:14 a.m.
by Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan followed by a moment of Silence.
All Legislators were present except Legislators Yuhasz and Bleiler who were excused. County Administrator
O’Hearn was also present and County Attorney James Coleman was excused.
1. APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT
COVERING EMPLOYEES IN THE SCHUYLER COUNTY CORRECTION OFFICERS
BENEVOLENT ASSOCIATION.
2. AUTHORIZE TRANSFER OF FUNDS FOR UNION RATIFICATION PAYMENTS – SHERIFF
Vote: 6-0.
90
RE:
APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING
EMPLOYEES IN THE SCHUYLER COUNTY CORRECTION OFFICERS BENEVOLENT
ASSOCIATION
WHEREAS, representatives of the County have engaged in Collective Bargaining with the Schuyler
County Correction Officers Benevolent Association (“the Association”), and
WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 2008
through 2012 was reached with respect to employees in the Association, and
WHEREAS, the Association duly ratified the tentative agreement on July 28, 2009.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and
approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and
the Schuyler County Correction Officers Benevolent Association, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be hereby authorized to execute
the aforementioned agreement.
Vote: 6-0.
DISCUSSION: Administrator O’Hearn reported that the union has in fact ratified the tentative agreement. The
negotiation team held firm and they agreed. There are no changes from the Power Point presentation given at
the beginning of the month. Legislator Marcellus asked how many years this covers. O’Hearn said five years,
from 2008 through 2012. Legislator Fagan asked what the union vote was. O’Hearn said it was a sealed ballot,
he is not sure if they can know the vote.
RE: AUTHORIZE TRANSFER OF FUNDS FOR UNION RATIFICATION PAYMENTS – SHERIFF
WHEREAS, Schuyler County and Schuyler County Correction Officers Benevolent Association duly
ratified a collective bargaining agreement for the period 2008 through 2012, and
WHEREAS, the negotiated wage increase is retroactive to January 1, 2008, requiring a transfer of funds
into the Sheriff’s budget to pay said back wages.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer
$63,000 from Contingency account number 1990.500 to Sheriff account nos. 3150.100, 3150.102 and 3510.100
accordingly.
DISCUSSION: Legislator Fagan asked if the $63,000 is sufficient to cover the years 2008 and 2009.
Adminstrator O’Hearn said yes. Dan Walker, Vice President of the Benevolent Association, was present and
thanked the Legislators. He said we are not the old Schuyler County we use to be. We have come a long way.
This was a long time coming. On behalf of the Bargaining Unit, thank you.
Vote: 6-0.
MOTION by Legislator Field to go into executive session to discuss employee(s) work history,
SECOND by Legislator Fagan. Motion carried six ayes to zero noes.
MOTION by Legislator Larison to come out of executive session, SECOND by Legislator Karius.
Motion carried six ayes to zero noes.
Chairman Gifford said he received a phone call from Jerry Smyder at the Schuyler County Historical
Society the other day as a board member. Legislator Karius has not been able to make the meetings because of
a conflict with another Special Committee appointment. He asked for one of the Legislators to consider
replacing her on the Historical Society Board as she cannot be in two places at one time. He also reported that
Senator Gillibrand’s visit today is at the SCOPED Office. Legislator Fagan said he plans to stop in and speak
about the funding needed for the Centralized Water Treatment Plant.
REGULAR MEETING
AUGUST 10, 2009
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The August 10, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Field followed by a moment of
Silence. All Legislators were present except Legislators Yuhasz and Fagan who were excused. Legislator
Marcellus was absent. County Administrator O’Hearn and County Attorney James Coleman were also present.
Tammy Brown, CSEA Administrative Unit President, spoke on behalf of the union regarding their
objection to the scheduled changes in the Office for the Aging Department. See statement read on file in the
Legislative Office. Sue Brill, Local CSEA President, also spoke and reiterated Tammy Brown’s message. Sue
said she understands this is not a financial decision and that is what is upsetting them. She also understands the
tough position the Legislature is in. One of the arguments made to us regarding the elimination of this position
was in regards to funding to purchase Home Health Aide Services. These services are not on the market and
you can not buy what isn’t available. Do we really want to eliminate this type of service to our senior citizens?
She does not think we really want to tell our seniors that their home visits will not exist any longer and they
now will be reduced to a five minute phone call. How are our seniors going to feel?
RE: APPROVE MINUTES OF THE JULY 13, 2009 REGULAR MEETING, JULY 22, 2009 SPECIAL
MEETING AND THE JULY 29, 2009 SPECIAL MEETING OF THE SCHUYLER COUNTY
LEGISLATURE
BE IT RESOLVED, that the minutes of the July 13, 2009 Regular Meeting, July 22, 2009 Special
Meeting and the July 29, 2009 Special Meeting of the Schuyler County Legislature be approved.
Vote: 5-0.
RE: AUTHORIZE GRANT APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY
MANAGEMENT PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT
WHEREAS, the New York State Emergency Response Commission has announced that grants are
available to Local Emergency Planning Committees (LEPCs), and
WHEREAS, Planning grant money is now available for three grant years Year-Fourteen October 1,
2006-September 30, 2007: Year-Fifteen October 1, 2007-September 30, 2008 and Year-Sixteen October
1,2008-September 30, 2009 for Federal Fiscal Year 2005 (FFY05), of the Hazardous Materials Preparedness
Program, and
WHEREAS, the purpose of the grants is to improve and implement emergency plans under the
Emergency Planning and Community Right-to-Know Act of 1986, and
WHEREAS, we have been invited to apply for the grant with an award of $1,800.00 each for years
fourteen and fifteen, and a minimum award of $2,930.00 for year sixteen.
sign any and all documents relative to the aforementioned grant funds with the State Emergency Management
Office; said documents subject to approval by the Schuyler County Attorney.
Vote: 5-0.
RE: AUTHORIZE ADDITIONAL COMPENSATION FOR THE ASSISTANT DISTRICT ATTORNEY
POSITIONS FOR THE YEAR 2009 - DISTRICT ATTORNEY
WHEREAS, the Schuyler County District Attorney’s Office is in receipt of grant funding for 2009 in the
amount of $4,000 from the New York State Division of Criminal Justices Services, and
WHEREAS, the funding is to be used for the purpose of assisting the District Attorney’s Office with
recruitment and retention of qualified prosecutors.
District Attorney to pay the Chief Assistant District Attorney $2,500 and the other Assistant District Attorney
$1,500 for the year 2009, to be paid from Grant Account No. 1165.100-1172-Personnel, and
BE IT FURTHER RESOLVED, that the money should be paid immediately in the next pay period.
Vote: 5-0.
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RE:
AUTHORIZE AMENDING THE 2009 BUDGET FOR INDIGENT LEGAL SERVICES FUND (ILSF)
– PUBLIC DEFENDER
WHEREAS, the Schuyler County Public Defender’s Office is in receipt of extra funding from the
Indigent Legal Services Fund in the amount of $8,103.50, and
WHEREAS, the funding is to be used to improve the quality of services provided pursuant to article
eighteen-B of the County law to “supplement and not supplant” any local funds which Schuyler County would
otherwise have had to expend for the provision of counsel and expert, investigative and other services pursuant
to article eighteen-B of the County law.
amend the 2009 Public Defender’s budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+ $8,103.50
1170.3389
Other Public Safety Revenue
+ $ 500.00
1170.410
Copier Supplies
+ $ 500.00
1170.430
Mileage
+ $ 250.00
1170.433
Postage/Freight
+ $6,853.50
1170.435
Professional Fees & Services
Vote: 5-0.
RE: AUTHORIZE ADOPTION OF OFFICE POLICY AND PROCEDURAL MANUAL FOR THE
SCHUYLER COUNTY PROBATION DEPARTMENT
WHEREAS, the Schuyler County Probation Director saw a need for an updated Office Policy and
Procedural Manual to assist the Probation Department staff in effectively accomplishing the departmental
mission statement and goals, and
WHEREAS, said manual has been reviewed and approved by the County Attorney, the CSEA
Administration Unit, the Human Resources Director and the County Administrator.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves adoption of
the updated Policy and Procedural Manual as presented by the Director of the Schuyler County Probation
Department this month of July in the year 2009, on file in the Legislative Office.
Vote: 5-0.
RE: AUTHORIZE AGREEMENT BETWEEN NEW YORK STATE DIVISION OF PROBATION AND
CORRECTIONAL ALTERNATIVES AND SCHUYLER COUNTY PROBATION DEPARTMENT
FOR PROJECTED STATE AID OF PROBATION SERVICES IN THE YEAR 2009 – PROBATION
DEPARTMENT
WHEREAS, New York State Division of Probation and Correctional Alternatives is willing to
reimburse Schuyler County Probation up to a projected 16% for certain items in the department’s budget
through this agreement. Based on the Probation Departments submitted budget, it is projected by New York
State Division of Probation and Correctional Alternatives that Schuyler County Probation will be eligible for
state aid in the amount of $46,116 for the year 2009.
execute the agreement with the New York State Division of Probation and Correctional Alternatives allowing
for reimbursement in State aid to Schuyler County Probation up to the amount $46,116; subject to approval of
Vote: 5-0.
RE: ACCEPT PROPOSAL FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR THE
2009 HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY
WHEREAS, the Planning Office of Cooperative Extension has issued a Request for Proposals for said
program with the approval of the Schuyler County Attorney, and
WHEREAS, no other bids were received.
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NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell
Cooperative Extension, that the Schuyler County Legislature hereby accepts proposal from Clean Harbors
Environmental Services, Inc. in an amount not to exceed $7500.00 for a Household Hazardous Waste
Collection Day to be held September 26, 2009, at the Schuyler County Highway Department property, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and
all documents necessary to carryout the above-referenced proposal acceptance; subject to approval of the
Vote: 5-0.
RE: RESOLUTION REQUESTING THAT THE NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION ALLOW A PUBLIC COMMENT PERIOD OF AT LEAST
60 DAYS FOR REVIEW OF THE DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL
IMPACT STATEMENT ON THE OIL, GAS AND SOLUTION MINING REGULATORY
PROGRAM
WHEREAS, the New York State Department of Environmental Conservation, pursuant to SEQRA
procedures, will soon release the Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas
and Solution Mining Regulatory Program, and
WHEREAS, the specific reason this Supplement to the original 1992 GEIS is being prepared is the
imminent development for natural gas production in the Marcellus Shale formation in New York State, and
WHEREAS, under SEQRA provisions, a public review and comment period of at least 30 days is
mandated, and
WHEREAS, the potential cumulative impact of this development on local infrastructure, economy and
quality of life is unprecedented in its magnitude and scope, and
WHEREAS, those governing bodies and agencies with claim to the title of “parties of interest” *
generally meet on a monthly basis, and
WHEREAS, a 30-day public review and comment period would be inadequate for these parties of
interest to thoroughly review, study, and submit any comments on the Draft SGEIS, and
WHEREAS, at least a 60-day public comment period would more reasonably enable a thorough and
comprehensive review and consideration by all interested parties.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests that
the New York State Department of Environmental Conservation allow a public comment period of at least 60
days for review of the Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and
Solution Mining Regulatory Program when it is issued.
BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature forward certified
copies of this Resolution to Alexander B. Grannis, Commissioner, New York State DEC, Bradley J. Field,
Director, New York State DEC, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, Governor
David A. Paterson and Judith Enck, Deputy Secretary for the Environment.
* Village, Town, and County Governments and appropriate departments therein (Highway, Soil and Water,
Environmental Management, etc.)
Vote: 5-0.
RE: RECOGNIZE SEPTEMBER 2009 AS NATIONAL CHOLESTEROL EDUCATION MONTH –
PUBLIC HEALTH
WHEREAS, September is National Cholesterol Education Month, and
WHEREAS, this is a good opportunity to get your blood cholesterol checked and take steps to lower it if it
is high, and
WHEREAS, this is also a good time to learn about lipid profiles and about food and lifestyle choices that
help you reach personal cholesterol goals, and
WHEREAS, high blood cholesterol affects over 65 million Americans and is a serious condition that
increases the risk for heart disease, and
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WHEREAS, you can have high cholesterol and not know it and lowering levels that are too high lessens
the risk for developing heart disease and reduces the chance of having a heart attack or dying of heart disease.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes September
2009 as National Cholesterol Education Month and encourages the residents of Schuyler County to get their blood
cholesterol checked.
Vote: 5-0.
RE: RECOGNIZE SEPTEMBER 4 – 10, 2009 AS SUICIDE PREVENTION WEEK – PUBLIC HEALTH
WHEREAS, a person in acute risk for suicidal behavior threatens to hurt or kill themselves, talks of
wanting to hurt or kill themselves, looks for ways to kill themselves or talks or writes about death, dying or
suicide, and
WHEREAS, additional warning signs could be increased substance use, anxiety, agitation, inability to
sleep or sleeping all the time, withdrawal from friends or family, uncontrolled anger, acting reckless, dramatic
mood changes or feeling trapped, and
WHEREAS, if observed, help should be sought as soon as possible by contacting a mental health
professional, and
WHEREAS, talking openly and matter-of-factly about suicide, being willing to listen and being nonjudgmental are all steps that can reduce the risk of suicide.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes September 4
– 10, 2009 as Suicide Prevention Week.
Vote: 5-0.
RE: AUTHORIZE APPOINTMENTS TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY
SERVICES
WHEREAS, there are vacancies on the Mental Health Subcommittee, and
WHEREAS, Deborah Hastings and Jill Vuckovic have expressed interest in serving on the Mental
Health Subcommittee.
appointment of Deborah Hastings to the Mental Health Subcommittee for the term August 11, 2009 through
December 31, 2011 and Jill Vuckovic to the Mental Health Subcommittee for the term August 11, 2009 through
December 31, 2010.
Vote: 5-0.
RE: AUTHORIZE APPOINTMENTS TO THE MENTAL RETARDATION/DEVELOPMENTAL
DISABILITY SUBCOMMITTEE - COMMUNITY SERVICES
WHEREAS, there are vacancies on the Mental Retardation/Developmental Disability Subcommittee,
and
WHEREAS, Renee Gay and Nancy Gay have expressed interest in serving on the Mental Retardation/
Developmental Disability Subcommittee, and
appointments of Renee Gay and Nancy Gay to the Mental Retardation/Developmental Disability Subcommittee
for the term August 11, 2009 through December 31, 2011.
Vote: 5-0.
RE: AUTHORIZE APPOINTMENT TO THE ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE COMMUNITY SERVICES
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WHEREAS, there is a vacancy on the Alcohol & Substance Abuse Subcommittee, and
WHEREAS, Patricia Hastings has expressed interest in serving on the Alcohol & Substance Abuse
Subcommittee, and
appointment of Patricia Hastings to the Alcohol & Substance Abuse Subcommittee for the term August 11,
2009 through December 31, 2009.
Vote: 5-0.
RESOLUTION NO. 249 Motion by Larison, Second by Bleiler,
RE: AUTHORIZE CONTRACT WITH HAPPINESS HOUSE FOR PRE-SCHOOL SPECIAL EDUCATION
SERVICES – PUBLIC HEALTH
WHEREAS, Public Health is required to provide center-based program Pre-School Special Education
Services to residents of Schuyler County, and
WHEREAS, Happiness House is a provider of these services, and
WHEREAS, rates paid for Pre-School tuition provided under this contract are set by the New York State
Department of Health and are not subject to negotiation.
enter into a contract with Happiness House for Pre-School Special Education Services, effective July 1, 2009
through June 30, 2010, at rates established by the New York State Department of Health, to be renewed annually,
funds available in the Public Health budget, account no. 2960.400, subject to the approval of the Schuyler county
Attorney.
Vote: 5-0.
RE: AUTHORIZE TRANSFER OF FUNDS FOR BUILDING REPAIRS – COMMUNITY SERVICES
WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover
expenses related to major projects and repairs at the Mill Creek Center building, and
WHEREAS, major repairs are needed at the Mill Creek Center building involving replacement of carpet
and related expenditures, and
WHEREAS, Buildings and Grounds has submitted a proposal detailing the estimated cost of this work,
and
WHEREAS, the bills for these repairs should be paid from the Community Services Board account.
transfer $25,000 from the Community Services Board Reserve Account to account no. 4310.426 – Maintenance of
Equipment, for repairs at the Mill Creek Center building.
Vote: 5-0.
RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR
THE NEW YORK CONNECTS PROGRAM YEAR 4 – OFFICE FOR THE AGING AND
DEPARTMENT OF SOCIAL SERVICES
WHEREAS, Schuyler County has a New York (NY) Connects program as a component of Families
First, and
WHEREAS, NY Connects is a program for individuals with long term care or chronic healthcare issues
from birth to death which provides information, assistance and referrals, and
WHEREAS, Families First/NY Connects is a collaborative effort between the Youth Bureau, Office for
the Aging, Public Health and the Department of Social Services, and
WHEREAS, the State of New York acting through the New York State Office for the Aging implements
the program with the Schuyler County Office for the Aging as the liaison and the Department of Social Services
as the conduit for the funding.
sign any and all agreements with the New York State Office for the Aging for the continuation of the NY
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Connects program from October 1, 2009 through September 30, 2010, said agreement subject to approval of the
Vote: 5-0.
RESOLUTION NO. 252 Motion by Lariosn, Second by Field.
RE: AUTHORIZE AN AGREEMENT WITH THE SCHUYLER COUNTY YOUTH BUREAU FOR THE
OPERATION OF A SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP) – SOCIAL SERVICES
WHEREAS, Schuyler County has an interest in the employment and economic well-being of its
residents, including youth, and
WHEREAS, the Department of Social Services has been granted a Temporary Assistance for Needy
Families (TANF) allocation of $44,304 from NYS Office of Temporary Assistance (OTDA) towards the
operation of a 2009 Summer Youth Employment Program (SYEP), and
WHEREAS, the Department wishes to enter into an agreement with the Schuyler County Youth Bureau
to implement the Summer Youth Employment Program.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature on behalf of the
Department of Social Services be authorized to sign a contract with the Schuyler County Youth Bureau for the
operation of a Summer Youth Employment Program for the period May 1, 2009 through September 30, 2009 in
the amount of $44,304, account no. 6010.484, subject to approval by the County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the
2009 Department of Social Services budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$44,304
6010.484
Employment Programs
+$44,304
6010.4610
Federal Aid – Administration
Vote: 5-0.
RE: AUTHORIZATION TO ENTER INTO AGREEMENT WITH CHEMUNG, SCHUYLER, STEUBEN
WORKFORCE NEW YORK AND SCHUYLER COUNTY CAREER CENTER – SOCIAL
SERVICES
WHEREAS, the Department of Social Services wishes to enter into an agreement with CSS Workforce
New York as the lead agency for the operation of the Schuyler County One-Stop Career Center, and
WHEREAS, the One-Stop Career Center has been a valuable service to the Department in assisting
temporary assistance clients obtain employment, thus reducing the Department’s temporary assistance caseload,
and
WHEREAS, the Department has sufficient funds available in its Flexible Fund for Family Services
allocation to provide up to $12,400 in financial assistance to Workforce New York, who will provide
employment services to Temporary Assistance to Needy Families (TANF) eligible participants under 200%
Federal Poverty Level (FPL).
enter into an agreement between Social Services and CSS Workforce, NY for the period January 1, 2009
through December 31, 2009 in the amount of $12,400, funding available in the 2009 budget account no.
6010.484, subject to approval by the County Attorney.
Vote: 5-0.
RE: AUTHORIZE EXTENSION OF CATHOLIC CHARITIES NON-RESIDENTIAL DOMESTIC
VIOLENCE SERVICES AGREEMENT FOR THE PERIOD JULY 1, 2009 THROUGH DECEMBER
31, 2009 – SOCIAL SERVICES
WHEREAS, the Department of Social Services has an agreement with Catholic Charities for NonResidential Domestic Violence Services for the period July 1, 2008 through June 30, 2009, and
WHEREAS, this money is funded through New York State Office of Temporary and Disability
Assistance for Temporary Assistance to Needy Families (TANF) in the amount of $25,000 (Round VII), and
WHEREAS, Catholic Charities has requested an extension to allow full use of the monies granted in the
agreement.
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sign a contract extension between Social Services and Catholic Charities for Non-Residential Domestic
Violence Services through December 31, 2009, subject to approval by the Schuyler County Attorney.
Vote: 5-0.
RE: ACCEPT EXTENSION FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND
RECONSTRUCTION OF BRIDGES, CULVERTS, GUIDERAIL, ETC. - HIGHWAY
WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the first
year of a two-year contract renewal option for Miscellaneous Structural Maintenance and Reconstruction, and
WHEREAS, Silverline Construction, Inc. has agreed in writing to extend the original agreement under
the same terms and conditions with a contract period of October 1, 2009 through September 30, 2010, and
WHEREAS, it is the recommendation of the Public Works Committee that the Schuyler County
Legislature accept the bid extension from Silverline Construction, Inc.
sign a bid extension agreement with Silverline Construction, Inc. at the original contract price, effective October
1, 2009 through September 30, 2010: funding available in the 2009/2010 budgets; subject to the approval of the
Vote: 5-0.
RE: AUTHORIZE TRANSFER OF FUNDS FOR BRIDGE REPAIR WORK IN THE 2009 COUNTY
ROAD FUND BUDGET – HIGHWAY DEPARTMENT – AS AMENDED
WHEREAS, the repair cost to keep the VanZandt Hollow Bridge open to vehicular travel exceeds the
amount left in the Contractual account, and
WHEREAS, the County Road Fund account number 5110.512 has additional funds.
transfer the following amounts in the County Road Fund as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
-$2,761.00
5110.512
Limestone
+$2,761.00
5020.400
Contractual
Vote: 5-0.
RE: DECLARE OLD TELEPHONE SYSTEM SURPLUS AND TRANSFER TO THE TOWN OF
CATHARINE – BUILDINGS AND GROUNDS
WHEREAS, the Buildings and Grounds Department purchased a Norstar Telephone System for the
Youth Bureau at the Rural Urban Center, and
WHEREAS, the Youth Bureau is now located at the Human Services Complex, and
WHEREAS, this system is currently being used by departments temporarily located at the Rural Urban
Center, and
WHEREAS, these departments are scheduled to move to their permanent location in the near future, and
WHEREAS, the Buildings and Grounds Department has no further need for this system, and
WHEREAS, the Town of Catharine is in need of a telephone system.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215, this Legislature
hereby declares that when all County Departments are moved out of the Rural Urban Center, the above phone
system is proclaimed surplus and transfer the same to the Town of Catharine.
Vote: 5-0.
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND
SALARY RANGES – RESCINDED BY RESOLUTION NO. 370-09
WHEREAS, the Management/Confidential Salary Plan (M/CSP) states that the salary ranges may be
increased each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor
Statistics Data Report, Consumer Price Index, and applied using the same methodology as the Federal
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Government over a 12-month period, and
WHEREAS, the COLA has been determined to be 2.4 %, and
WHEREAS, the County Administrator and Human Resources Director recommend that the Legislature
adopt a 2.4% COLA for Management/Confidential Salary Plan purposes.
NOW, THEREFORE, BE IT RESOLVED, that the Factor Rating System and Salary Ranges chart shall
be amended to reflect this change as per attached chart, effective January 1, 2010.
FACTOR RATING SYSTEM
AND SALARY RANGES
POINTS
GRADE
MIN
MID
MAX_
1026 – 1100
M
77,239
87,622
98,028
951 – 1025
L
71,293
81,690
92,086
876 – 950
K
65,351
75,749
86,146
801 – 875
J
59,409
69,809
80,205
726 – 800
I
53,472
63,868
74,264
651 – 725
H
47,529
57,184
66,838
576 – 650
G
43,074
53,472
63,868
501 – 575
F
40,102
49,756
59,409
426 – 500
E
37,131
46,042
54,955
351 – 425
D
34,162
42,332
50,502
276 – 350
C
31,191
38,617
46,042
202 – 275
B
28,220
35,647
43,074
Vote: 5-0.
RE: AUTHORIZE CHANGE TO RETIREE HEALTH INSURANCE ELIGIBILITY AND
CONTRIBUTION LEVELS FOR NON-UNION EMPLOYEES
WHEREAS, currently there is no service requirement for non-union employees to be eligible for the
County’s retiree health insurance program as long as they qualify for retirement under the NYS Retirement
regulations, and
WHEREAS, it is the recommendation of the Management and Finance Committee that a service
requirement be established for retiree health insurance eligibility.
NOW, THEREFORE, BE IT RESOLVED, effective January 1, 2010, for non-union employees only,
the following eligibility and contribution levels will apply. The Employer shall pay the premium costs as
follows:
Employees with 5-9 years of service
Employee 55%, Spouse 35%
Employees with 25+ years of service
In addition, the Employer will discontinue its practice of paying the Medicare Part B monthly premium
for both the employee and spouse, and pay one (1) monthly premium only. In the case of an employee or
spouse becoming deceased, the Employer will continue to pay one (1) Medicare Part B monthly premium, and
BE IT FURTHER RESOLVED, that elected officials’ eligibility requirements will remain the same as
outlined under County Policy No. 6.4. which states, “Elected officials, who may or may not exercise their
option to participate in the retirement system shall be required to have ten years service in Schuyler County and
to have attained age 55 to qualify for retiree health insurance benefits.”
Vote: 5-0.
RE: AUTHORIZE APPOINTMENTS TO THE HEALTH INSURANCE REVIEW COMMITTEE (HIRC)
WHEREAS, position replacements have changed members on the Health Insurance Review Committee
(HIRC), and
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WHEREAS, to avoid having to continually amend appointments to the HIRC, it is recommended that
the committee be appointed by title only.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the appointment of the
following position titles to the Health Insurance Review Committee to serve with no ending term:
Administrative Unit CSEA President (or designee)
Highway Unit CSEA President (or designee)
Road Patrol Association President (or designee)
Correction Officers Benevolent Association President (or designee)
Town Representative (to be selected by the Towns)
Village Representative (to be selected by the Villages)
Management Level representative (to be selected by Management Level employees)
(2) Legislators (to be selected by the Legislative Chairman)
Human Resources Director
Broker/Consultant
Vote: 5-0.
RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS –
BOARD OF ELECTIONS
WHEREAS, after completing the necessary training and upon certification the Schuyler County Board
of Election Commissioners have made a recommendation of 61 individuals to be appointed as election
inspectors.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges
the appointment of the following individuals as Schuyler County Election Inspectors for a one year term
commencing July 15, 2009 through July 14, 2010:
REPUBLICANS
Karen Allen; Diana Arnold; Susan Baker; Virginia Beebe; Teresa A. Cope; Christine C. Cosgrove; Michael
Dinkins; Doris H. Fazzary; Patricia Hastings; Elizabeth J. Hollis; Mary Ellen Hoose; John D. Hunt; Darla
Kimmey; Florence M. Klopf; Cathy-Rae Mathews; Frederick Mockler; Lisa Orr; Greta Preston; Hazel Raplee;
Ira Ray; Bonnie Seeley; Theresa Sgrecci; Helen M. Sipperley; Ida Smalley; Beatrice Smyder; Elizabeth J.
Sullivan; Jolene Swick; Beverly VanAmburg; Catherine VanZile; Joyce VanVleet; Phyllis P. Welshans, Ellen
M. Mathers.
DEMOCRATS
Rebecca Abraham; Debra Albro; Elizabeth Biggers; Geraldine Boyce; Judith Caruso; Susan Cecce; Elizabeth
Cole-Fagan; Vera Franzese; Jean M. Grandizio; Betty Heichel; Jean Hubsch; Virginia Jensen; Diane KoiThompson; Suzanne Learn; Jacqueline Leidenfrost; Elizabeth Martin; Joan Martin; Neal Melveney; Madalyn B.
Morgan; Anne Myers; Marion Nicastro; Michael Oates; Jean Parker; Rosemary Paterson; Nona Schimizzi;
Catherine Sirrine; Karen Solomon; Sandra Teeter; Elizabeth Underdown; Francis VanDyke, Darlene K.
Bingham, Sally J. Human.
Vote: 5-0.
RE: AUTHORIZE CONTRACT WITH SYSTEMS DEVELOPMENT GROUP, INC. FOR IMAGE MATE
ONLINE SOFTWARE SUPPORT HOSTING – REAL PROPERTY TAX
WHEREAS, Systems Development Group, Inc. hosts the County’s Image Mate Online application
which allows taxpayer access to real property tax and assessment information, and
WHEREAS, the initial year of hosting and maintenance services, which was paid for by a New York
State Real Property Tax Administration Technology Improvement Grant, expired on April 30, 2009.
execute a contract with Systems Development Group, Inc. for the Real Property Tax Service Agency for Image
Mate Online hosting services for the term May 1, 2009 through April 30, 2010, in the amount of $1,200,
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funding available in the 2009 Real Property Tax budget account no. 1355.400; subject to approval of the
Vote: 5-0.
RE: RESOLUTION URGING GOVERNOR PATERSON AND THE NEW YORK STATE
LEGISLATURE TO ADVANCE FUNDING AND EXPEDITE TIMETABLES TO COMPLETE THE
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM (CORRIDOR U-1 I-99 AND CORRIDOR
T I-86)
WHEREAS, Governors have made commitments to the revitalization and improvement of the economy
of “Upstate” New York, and
WHEREAS, Steuben County, along U.S. Route 15 (I-99), and thirteen other counties along U.S. Route
17 (I-86) corridor make up the three Local Development Districts in the thirteen state Appalachian Regional
Commission, and
WHEREAS, U.S. Route 15 (I-99) Corridor U-1 and U.S. Route 17 (I-86) Corridor T are New York
State’s section of the thirteen state Appalachian Development Highway System and as such are eligible for
Appalachian funding, and
WHEREAS, completing the I-99 U-I Corridor fulfills the desires of both the Commonwealth of
Pennsylvania and New York State to accelerate economic development opportunities in the area of Appalachia
as well as respond to the increasing traffic volumes (primarily commercial vehicles) in the Route 15 Corridor
since the passage of the North American Free Trade Agreement (NAFTA), and
WHEREAS, U.S. Route 15 is the only north/south route in Central Pennsylvania that serves as a vital,
and direct link between western New York and Canada and the ports of Baltimore and Philadelphia and the
mid-Atlantic states, and
WHEREAS, completing Corridor T, which terminates in Broome County at Interstate 81, and the U-1
Corridor in Steuben County will complete the Appalachian Development Highway System in New York State,
and
WHEREAS, the New York I-86 Economic Development Benefit Study, issued in January 2000, which
was widely accepted and quoted at all levels of government, called for an aggressive eight-year construction
period that would result in a 3.2 billion dollar direct economic benefit to communities along the I-86 Highway
Corridor once the conversion has been completed, and
WHEREAS, the Three Rivers Development Foundation, utilizing funds from the Appalachian Regional
Commission, has developed an Economic Blueprint, which was released in June 2009, for the I-86/I-99
Corridor in Southeast Steuben County utilizing properties that have the potential for providing sustainable
future economic development opportunities, and
WHEREAS, Governor Pataki and the New York State Department of Transportation committed to a
ten-to-twelve year construction program to complete the Route 17 conversion to Interstate I-86 beginning with
the first designation (177 miles Chemung County West to Pennsylvania) December 3, 1999, and
WHEREAS, the Pennsylvania Department of Transportation has projected a completion date for the
conversion of Route 15 to Interstate standards (I-99) to the New York State border by the end of 2012, and
WHEREAS, the designation of New York State Route 17 to I-86 and Route 15 to I-99 will provide a
highway network with connection to every Interstate Highway located within New York State and Interstates
leading into Pennsylvania, and
WHEREAS, the Appalachian Regional Commission has released a study “Economic Impact Study of
Completing the Appalachian Development Highway System”.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby express its
support for those projects contained within the 2005 Transportation Bond Act and the Transportation Plan for
the State of New York Department of Transportation, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the Governor
and the New York State Legislature to advance funding necessary to expedite the timetables set forth and
complete the Appalachian Development Highway System in New York State and meet the Pennsylvania
Department of Transportation’s timetable, and
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BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized to forward this
resolution to Governor David A. Paterson, Senate Temporary President Pedro Espada, Senate Majority Leader
Malcolm Smith, Senate Minority Leader Dean G. Skelos, Assembly Majority Leader Ron Canestrari, Assembly
Minority Leader Brian M. Kolb, Senator George H. Winner, Jr., Assembly Member Thomas F. O’Mara, Acting
Transportation Commissioner Stanley Gee, Senate Transportation Committee Chairman Martin Dilan,
Assembly Standing Committee on Transportation Chairman David Gantt, Peter White, Regional Director New
York State Department of Transportation Region 6, Chairman of the Upstate Empire Development Corporation
Dennis Mullen, the New York State Association of Counties, and the Inter-County Association of Western New
York.
Vote: 5-0.
RE: AUTHORIZE CONTRACT TO EXTEND FIBER OPTICS TO SCHUYLER SHARED PUBLIC
WORKS COMPLEX – BUILDINGS AND GROUNDS
WHEREAS, Resolution No. 276-07 authorized a contract with Corning Cable Systems for installation
of outside Fiber Optics to all county buildings, and
WHEREAS, the county wishes to extend the Fiber Optic cabling to the new Shared Public Works
Complex, in order to keep all Departments on the Local Area Network (LAN).
enter into a contract with Corning Cable Systems at a cost of $17,326, plus anchors as required, with funding
available in capital account no. 004.1620.211, subject to approval of the Schuyler County Attorney.
Vote: 5-0.
RE: ABOLISH AGING SERVICES CASEWORKER POSITION – OFFICE FOR THE AGING
WHEREAS, the Schuyler County Office of the Aging (SCOFA) currently has two Aging Services
Caseworker positions, and
WHEREAS, SCOFA has been undergoing a full office review, and
WHEREAS, as part of said review, the Performance Based Budget/CAARS reporting data was
evaluated and compared with data provided by other County Offices for the Aging, and
WHEREAS, the SCOFA data reflected the caseloads for two Schuyler County Aging Services
Caseworkers is significantly below the average for just one caseworker in other counties, and
WHEREAS, it has been determined that the caseload is not large enough to support two Aging Services
Caseworker positions, and
WHEREAS, Civil Service Law Section 80 as well as the Administrative Unit CSEA collective
bargaining agreement allows for abolition of positions in these circumstances, and
WHEREAS, it is recommended by the Office for the Aging Director, County Administrator and Human
Services Committee that it shall be in the best interests of the County for purposes of economy, efficiency,
consolidation, or otherwise, that effective immediately, August 11, 2009, to abolish one of two Aging Services
Caseworker positions pursuant to Civil Service Law Section 80, and
WHEREAS, any suspension or demotion upon the abolition or reduction of positions shall be
determined pursuant to Civil Service Law Section 80.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby determines it shall
be in the best interests of the County for purposes of economy, efficiency, consolidation, or otherwise, to
abolish one of two Aging Services Caseworker positions, effective immediately August 11, 2009, pursuant to
Civil Service Law Section 80, and
BE IT FURTHER RESOLVED, that the County Administrator or the County Administrator’s designee,
shall implement any such abolition in accordance with New York State Civil Service Law and shall provide any
notifications as may be required by law.
Vote: 5-0.
DISCUSSION: Legislator Field asked if the questions raised here tonight have been taken into consideration.
Administrator O’Hearn said yes they have. Legislator Bleiler asked if the work load has been taken into
consideration. Administrator O’Hearn said yes to a degree. The Personnel Officer did a desk audit and the
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OFA Director has spent a great deal of time investigating and comparing the position against other counties.
This is not a surprise and it has been discussed at the committee level.
RE: AUTHORIZE CREATION AND FILLING OF AN ADMINISTRATIVE ASSISTANT
POSITION/ABOLISH DEPUTY DIRECTOR POSITION – OFFICE FOR THE AGING
WHEREAS, the Schuyler County Office of the Aging (SCOFA) currently has a position of Deputy
Director, and
WHEREAS, SCOFA has been undergoing a full office review, and
WHEREAS, as part of said review, a recent desk audit was conducted by the Personnel Officer to
determine if the work of the position reflects the tasks outlined in the job description, and
WHEREAS, the desk audit revealed there are a number of duties in the Deputy Director’s job
specification that are being fulfilled by the Aging Services Coordinator’s position, and
WHEREAS, as part of the review process, it was determined that there are unnecessary multi-levels of
management, and
WHEREAS, upon recommendation and review by the Schuyler County Human Resources and Civil
Service Departments, a position entitled “Administrative Assistant” is a more appropriate position to handle the
fiscal needs of the Office thus alleviating one level of management, and
WHEREAS, the position would be a full-time position (35 hours) and be classified as a competitive
position in Grade Level 8 of the Administrative Unit CSEA with an hourly rate of $16.79.
NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Director is hereby authorized to
create and fill a full-time Administrative Assistant position at an hourly rate of $16.79, to be placed in Grade 8,
as set forth in the Administrative Union Contract, effective August 17, 2009, and
BE IT FURTHER RESOLVED, that the position of Deputy Director be hereby abolished effective
August 17, 2009.
Vote: 5-0.
RE: AUTHORIZE ADDENDUM TO THE 2009 CONTRACT WITH TENELEVEN GROUP, INC. TO
ALLOW PAYMENT OF SERVER HOSTING CHARGES/AUTHORIZE TRANSFER OF FUNDS –
COMMUNITY SERVICES
WHEREAS, Community Services is in the process of implementing an Electronic Clinical Record
system purchased from TenEleven Group, Inc., and
WHEREAS, the transfer of the system to Schuyler County’s server has taken longer than anticipated,
requiring extended hosting of the system’s operation on TenEleven Group Inc.’s server, and
WHEREAS, there is a cost to TenEleven Group, Inc. for this hosting and both parties agree that
compensation to TenEleven Group Inc., is normal and appropriate, and
WHEREAS, Federal Salary sharing funds can be used to cover such costs.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes an
amendment to the 2009 contract with TenEleven Group, Inc. at a cost of $10,000 to cover costs associated with
the server hosting of the Electronic Clinical Record system for the calendar year 2009, subject to the approval
of the County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the
Community Services budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$10,000
4310.435.4316
Professional Fees – Federal Salary Sharing
+$10,000
4310.4490.3416
Federal Salary Sharing Revenue
Vote: 5-0.
RE: AUTHORIZE DECREASING THE HOURS OF THE FULL-TIME MEDICAL SOCIAL WORKER
POSITION - COMMUNITY SERVICES/PUBLIC HEALTH
WHEREAS, the Public Health and Community Services Departments have a full time Medical Social
Worker position, and
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WHEREAS, the incumbent of this position has requested to return from medical leave for half time in
Public Health only, and
WHEREAS, the Director of Community Services/Public Health requests that the position be reduced to
17.5 hours per week in the Public Health Department.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorize
reducing the hours of the full-time Medical Social Worker position from 35.0 to 17.5 hours per week in Public
Health, effective August 17, 2009.
Vote: 5-0.
Vote: 5-0.
RE: ACKNOWLEDGE APPOINTMENTS OF VOTING MACHINE CUSTODIAN/INFORMATION
TECHNOLOGY SPECIALIST – BOARD OF ELECTIONS
Commissioners of Nicholas Clarke as the County's Voting Machine Custodian/Information Processing
Specialist for a term of August 1, 2009 through July 31, 2010, to be paid $20 an hour for election related
business, and to be paid $50 per machine for inspections done at the Primary and General Elections, to be
funded by the Board of Elections budget, and
Vote: 5-0.
RE: ACCEPT PROPOSAL FROM REACT RECYCLING FOR THE 2009 USED ELECTRONICS
RECYCLING DAY
WHEREAS, the County has budgeted $250 for a Used Electronics Recycling Day, and
WHEREAS, the Planning Office of Cornell Cooperative Extension has issued a Request for Proposals
for said program with the approval of the Schuyler County Attorney.
NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell
Cooperative Extension, and the Schuyler County Legislature hereby accepts the proposal from REACT
Recycling, in an amount not to exceed $250.00, with an additional $10.00 fee for console TV’s, for a Used
Electronics Recycling Day to be held September 26, 2009, at the Schuyler County Highway Department
property, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to execute any and
all documents necessary to carryout the above-referenced proposal acceptance; subject to approval of the
Vote: 5-0.
NEW BUSINESS: None
Legislator Field reported that there is ongoing activity at SCOPED. There is a lot going on in the
community regarding projects and the Industrial Park proposals are gaining steam. He will have more details to
report next month.
Administrator O’Hearn reported that the NASCAR race was postponed from yesterday until today. The
Emergency Operations Center (EOC) operated an additional day because of this. He would like to see us
acknowledge the efforts of the Sheriff’s Department as well as the Emergency Management Director, Bill
Kennedy. Some of the Special Detail Deputies from other counties got called back to their own counties
because of the storms. A state of emergency had been declared in some of the surrounding counties. We
basically were short staffed, but did a great job! Chairman Gifford agreed that the efforts of the pre-planning
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and the scenario type discussions really paid off for this year. He feels they were ready and they do need to
give credit where credit is due.
He also reported that he will be bringing a Resolution to committee next week regarding funding for the
relocation of the Railroad. It is 100% federally funded and it is called the “Tiger Grant”. There is a twenty
million dollar floor and they will issue waivers for lesser amounts. He will be working with the Railroad and
applying for the funds for transportation infrastructure. The County will need to be the lead agency. A
Resolution is not required, but it will strengthen the request. He received Legislative support to proceed.
REGUALR MEETING
SEPTEMBER, 14, 2009
The September 14, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius followed by a moment of
Silence. All Legislators were present. County Administrator O’Hearn and County Attorney James Coleman
were also present.
PUBLIC PARTICIPATAION: None
RESOLUTION NO. 272 Motion by Karius, Second by Fagan.
RE: APPROVE MINUTES OF THE AUGUST 10, 2009 REGULAR MEETING OF THE SCHUYLER
COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the August 10, 2009 Regular Meeting of the Schuyler County
Vote: 8-0.
RESOLUTION NO. 273A Motion by Bleiler, Second by Marcellus.
RE: MOTION TO AMEND RESOLUTION NO. 273 TO CLARIFY THE FIFTH WHEREAS CLAUSE
WHEREAS, the fifth whereas clause reads that the Steuben County Administrator has affirmed that
their County will dedicate $2,500 over a maximum of two years to the grant-required local match funding, and
has requested Schuyler County also commit $2,500 to satisfy the total local match of $5,000, and
WHEREAS, that whereas clause should add the words up to $2,500.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 273 be amended to read, the Steuben
County Administrator has affirmed that their County will dedicate up to $2,500 over a maximum of two years
to the grant-required local match funding, and has requested Schuyler County also commit $2,500 to satisfy the
total local match of $5,000.
DISCUSSION: Administrator O’Hearn suggested the fifth whereas be clarified adding the words up to the
amount of $2,500.00.
Vote: 8-0.
RE: AUTHORIZING THE SUBMISSION OF A JOINT APPLICATION FOR A 2009-2010 NEW YORK
STATE LOCAL GOVERNMENT EFFICIENCY (LGE) HIGH PRIORITY PLANNING GRANT FOR
THE REGIONAL E-911 PLANNING PROJECT –AS AMENDED
WHEREAS, Schuyler County Administrator Timothy M. O’Hearn and Steuben County Administrator
Mark R. Alger have been in discussions regarding the potential savings for each from the implementation of a
regional approach to E-911 services, and
WHEREAS, the Local Government Efficiency grant application requires the designation of a Lead
Applicant Contact Person, and
WHEREAS, the Steuben County Administrator, has agreed to serve as the Lead Applicant Contact
Person responsible for the development and submission of a 2009-2010 New York State Local Government
Efficiency grant request in the amount of $50,000 in funding, and
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WHEREAS, the funds received from the proposed LGE grant award for the Regional E-911 Planning
Project will be utilized to obtain the services of a professional consultant to explore potential consolidation of
certain aspects of E-911 operations, provide critical redundancy and disaster recovery elements, and to
recommend changes to increase regional efficiencies within these services, and
WHEREAS, the Steuben County Administrator has affirmed that their County will dedicate up to
$2,500 over a maximum of two years to the grant-required local match funding, and has requested Schuyler
County also commit up to $2,500 to satisfy the total local match of $5,000, and
WHEREAS, the Steuben County Administrator has requested that Schuyler County adopt a resolution
specifically authorizing Steuben County to submit the proposed application for LGE funding and to identify the
County as a municipal co-applicant.
Schuyler County Administrator to participate in the grant and hereby agrees to authorize the Steuben County
Administrator to prepare and submit a joint application for LGE funding for the proposed Regional E-911
Planning Project identifying Schuyler County as a co-applicant, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature authorizes the expenditure of
$2,500 over two years as the County’s contribution to the grant-required local match, and
BE IT FURTHER RESOLVED, that the Legislature authorizes the County Administrator to represent
Schuyler County in the negotiation and development of an inter-municipal agreement with Steuben County in
which the respective responsibilities of both Counties in the proposed project are specifically identified and
defined, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any
and all documents relative to the grant and agreements, subject to the approval of the Schuyler County
Attorney.
Vote: 8-0.
RE: AUTHORIZE STOP DWI PLAN FOR 2010 – SHERIFF’S OFFICE
WHEREAS, the County of Schuyler is participating in the New York State Stop D.W.I. Program, and
WHEREAS, participation in said program is totally reimbursed by the State of New York.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts and
approves the 2010 STOP DWI Program Plan, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said
Plan subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE CONTRACT WITH LISA BAKER OF TIOGA COUNTY PROBATION FOR
ASSISTANCE WITH IMPLEMENTING THE FINANCIAL COLLECTION AND DISPERSEMENT
ASPECTS OF SCHUYLER COUNTY PROBATIONS CASELOAD EXPLORER PROGRAM PROBATION DEPARTMENT
WHEREAS, the Schuyler County Probation Department will need assistance implementing the financial
collections and dispersing of funds through the electronic case management system Caseload Explorer, and
WHEREAS, Lisa Baker of Tioga County has agreed to enter into a contract with Schuyler County
Probation at a cost of $450 a day plus additional costs of mileage at $.55 cents a mile to come to the Probation
Office and perform this training, and
WHEREAS, the contract shall be on an as needed basis as determined by the Schuyler County Probation
Director and in coordination with Lisa Baker, and
WHEREAS, the amount of the contract shall not exceed $1,500 and shall be valid through the period of
August 25, 2009 through August 25, 2010, funding for this service is available through the Schuyler County
Probation Departments budget account no. 3140.431.
execute a contract with Lisa Baker to assist the Schuyler County Probation Department in training for recording
collections and dispersing of funds through the Caseload Explorer Program with terms as stated above, subject
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to approval of the Schuyler County Attorney.
Vote: 8-0.
RE: RESOLUTION SUPPORTING THE FRACTURING RESPONSIBILITY AND AWARENESS OF
CHEMICALS (FRAC) ACT
WHEREAS, the United States Congress passed the Safe Water Act (42 U.S.C.§ 300h) (SDWA) to
assure the protection of the nation’s drinking water sources, and
WHEREAS, the United States 11th Circuit Court of Appeals ruled that hydraulic fracturing constituted
“underground injection” under the SWDA (Legal Environmental Assistance Foundation v. United State
Environmental Protection Agency (EPA), 118 F3d 1467 (11thCir. 1997)), and
WHEREAS, the United States Congress, in the energy Policy Act of 2005, explicitly exempted
hydraulic fracturing from the provisions of the SWDA, and
WHEREAS, hydraulic fracturing of underground geologic formations is often accomplished by injecting
a complex mix of fluids and chemicals, along with sand and water, under very high pressure to create fractures
in those formations, and
WHEREAS, the exemption, over the objections of the health care, environmental and conservation
communities, allowed oil and gas companies to use the subject substances without federal oversight or
standards, and
WHEREAS, the oil and gas industry is not required by federal law to disclose chemical constituents of
hydraulic fracturing fluids to public agencies so that this information is publicly available, and
WHEREAS, the oil and gas industry remains one of the only industries in the United States that is
allowed to inject such chemical constituents adjacent to underground drinking water supplies without federal
oversight, and
WHEREAS, many residents in New York State, and specifically Schuyler County, rely on ground
water-wells or local watersheds for their water supply, and
WHEREAS, contamination of those wells and/or watersheds would present great hardships to residents
of the County and to public health and the local economy, and
WHEREAS, the Fracturing Responsibility and Awareness of Chemicals Act (herein after “FRAC Act”)
was introduced during the 111th CONGRESS, 1st Session, “To repeal the exemption for hydraulic fracturing in
the Safe Drinking Water Act, and for other purposes,” and
WHEREAS, Schuyler County is not opposed to the drilling of oil and gas wells in New York State as
long as such drilling is relegated to specific parts of the State, away from New York State and local parks,
Federal parks, wildlife refuges, sensitive ecosystems and drinking water sources, and as long as drilling
proceeds in a way that would not harm the State’s drinking water, which includes the above mentioned
groundwater wells or local watersheds, and
WHEREAS, Federal regulation of hydraulic fracturing as underground injection under the SDWA
would help ensure that gas drilling could proceed in a way that would protect New York State’s drinking water
and its sources.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature declares its support for
the Fracturing Responsibility and Awareness of Chemicals Act, which was introduced during the 111 th
CONGRESS, 1st Session, “To repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act,
and for other purposes,” and to require disclosure of chemical constituents and ensure this information is
reported to relevant public agencies, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature herby declares its support for the
FRAC Act to ensure that basic regulation of the process of hydraulic fracturing under the Safe Drinking Water
Act can take place, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby declares its support for the
FRAC Act, and urges Congress to pass such legislation, and
BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature is to send certified
copies of this Resolution to Governor David Paterson, Senator Charles E. Schumer, Senator Kirsten E.
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Gillibrand, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, Congressman Eric J. Massa,
Congressman Maurice Hinchey, and Lisa P. Jackson, EPA Administrator.
Vote: 8-0.
DISCUSSION: County Attorney Coleman explained that the article regarding Hydro fracturing being exempt
from the Federal Safe Drinking Water Act written by Lee Fuller, was wrong. It contradicted our Resolution.
The article is wrong our Resolution is correct. The Clerk said the asterisk and bold text will be stricken from the
Resolution. Legislator Marcellus asked that our State Representatives be added to the distribution list.
RE:
RECOGNIZE OCTOBER 2009 AS PREVENTION OF DOMESTIC VIOLENCE MONTH – PUBLIC
HEALTH
WHEREAS, domestic violence is a tragic epidemic that spans cultures and has a devastating effect on
countless numbers of women and children, and
WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security and
humanity due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse,
and
WHEREAS, Prevention of Domestic Violence Month provides an opportunity for residents to learn more
about the prevention of domestic violence and to show support for the organizations and individuals who are
providing advocacy efforts, services and assistance to domestic violence victims, and
WHEREAS, the legacy that victims of domestic violence carry include the need for therapy to help heal
the scars, both visible and invisible.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognize October 2009
as Prevention of Domestic Violence Month and urges residents to join in efforts to end this problem,
Vote: 8-0.
RE: ACCEPT AND ESTABLISH THE EARLY INTERVENTION GRANT FOR OCTOBER 1, 2009 –
SEPTEMBER 30, 2010 – PUBLIC HEALTH
WHEREAS, Schuyler County’s annual Early Intervention Grant will be $28,755 for the period of
October 1, 2009-September 30, 2010.
sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish
the 2009-2010 Early Intervention Grant Budget accordingly in cooperation with Public Health,
Vote: 8-0.
RESOLUTION NO. 279 Motion by Larison, Second by Yuhasz.
RE: ACCEPT AND ESTABLISH THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT
FOR OCTOBER 1, 2009 – SEPTEMBER 30, 2010 – PUBLIC HEALTH
WHEREAS, Schuyler County’s annual Children with Special Health Care Needs Grant will be $15,818
for the period October 1, 2009 through September 30, 2010.
sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish
the 2009-2010 Children with Special Health Care Needs budget accordingly in cooperation with Public Health.
Vote: 8-0.
RE: AUTHORIZE CREATION AND FILLING OF A PUBLIC HEALTH NURSE POSITION AND
ABOLISH THE SENIOR REGISTERED PROFESSIONAL NURSE POSITION – PUBLIC HEALTH
WHEREAS, the Public Health Department has a need for a position that requires a high degree of
responsibility and the ability to work independently, and
WHEREAS, the Public Health Nurse position is involved in the planning, development and evaluation of
public health programs, and
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WHEREAS, this position works to improve the health of the community through health education and by
providing oversight and evaluation of existing public health and preventive health programs, and
WHEREAS, the Public Health Department is anticipating an increase in the integration of nursing services
requiring knowledge of epidemiology, community health assessments and the need to provide assistance to the
current public health programs, and
WHEREAS, the Director of the Public Health Department is requesting to create this position, upon the
approval of the County Administrator, and
NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services and Public Health is
hereby authorized to create and fill a full time Public Health Nurse position in the Public Health Department, at
Grade 13 at an hourly rate of $23.64, effective immediately, and
BE IT FURTHER RESOLVED, that said Senior Registered Professional Nurse position be abolished
effective immediately.
Vote: 8-0.
RE: AUTHORIZE AMENDMENT TO THE 2009 BUDGET FOR THE PRESCHOOL SPECIAL
EDUCATION PROGRAM – PUBLIC HEALTH
WHEREAS, the Preschool Special Education Program has had an increase in the number of children
attending Special Education Programs, for whom the payment of tuition, transportation and authorized services is
mandated, and
WHEREAS, the cost of the tuition and the amount of all reimbursements are set by the New York State
Department of Education and are projected to be in the amount of $297,000, and
WHEREAS, the revenue reimbursement falls short of what is expected to be expended in 2009 and funds
from the Contingency account are required.
amend the 2009 Preschool Special Education budget as follows utilizing $68,800 ($40,800 for Preschool Program
& Services and $28,000 for Transportation Services) from the Contingency account no. 1990.500:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$227,000
2960.400
Contractual Expense
+$ 70,000
2960.440
Transportation
+$228,200
2960-3277
Revenue
Vote: 8-0.
RE: AUTHORIZE DISTRIBUTION OF FEDERAL SALARY SHARING FUNDS AND AUTHORIZE
AMENDING THE 2009 BUDGET – COMMUNITY SERVICES
WHEREAS, the New York State Office of Mental Health is prepared to reimburse counties for Federal
Salary Sharing claims not previously distributed, and
WHEREAS, the Schuyler County Community Services Department plans to request the distribution of
Federal Salary Sharing funds in 2009, at no local cost.
amend the 2009 Community Services budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$95,000
4310.435-4316
Professional Fees
+$95,000
4310.4490-4316
Federal Salary Sharing Revenue
Vote: 8-0.
RE: AUTHORIZE 2009 CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND
OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES – COMMUNITY SERVICES
WHEREAS, the Community Services Department currently has a 2009 contract with the Council on
Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) in the amount of
$197,761, and
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WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has
issued a revised State Aid letter, authorizing funding to the Council on Alcoholism in the amount of $199,306.
execute an amendment to the 2009 contract with the Council on Alcoholism for alcoholism and substance abuse
prevention services, increasing the amount of the contract by $1,545 to an amount not to exceed $199,306, subject
to the approval of the County Attorney.
Vote: 8-0.
RE: AUTHORIZE 2009 CONTRACT AMENDMENT WITH FINGER LAKES ADDICTIONS AND
COUNSELING REFERRAL AGENCY (FLACRA) – COMMUNITY SERVICES
WHEREAS, the Community Services Department currently has a 2009 contract with FLACRA in the
amount of $89,899, and
WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has
issued a revised State Aid letter authorizing funding to FLACRA in the amount of $90,047.
execute an amendment to the 2009 contract with FLACRA for alcoholism and substance abuse treatment services,
increasing the amount of the contract by $148 to an amount not to exceed $90,047, subject to the approval of the
County Attorney.
Vote: 8-0.
RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING TO
RECEIVE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT (MIPPA)
FUNDING– OFFICE FOR THE AGING
WHEREAS, the Schuyler County Office for the Aging has a Health Insurance Information Counseling
and Assistance Program (HIICAP), and
WHEREAS, the HIICAP program offers information and assistance regarding Medicare, Medicaid and
other health insurance issues, and
WHEREAS, on July 15, 2008, the Medicare Improvements for Patients and Providers Act of 2008
(MIPPA) was approved by Congress and became law, and
WHEREAS, Section 119 of this legislation provides for beneficiary outreach and includes funding for
Area Agency on Aging designees along with other entities to reach Medicare beneficiaries likely to be eligible
for the Medicare Part D Low-Income Subsidy (LIS) Program or Medicare Savings Program (MSP), and
WHEREAS, funding is also provided for direct application assistance to these beneficiaries with an
emphasis on Medicare Part D outreach to rural areas of our state, and
WHEREAS, the Schuyler County Office for the Aging has been allocated the sum of $6,000 to provide
outreach and application assistance for MIPPA under the HIICAP program.
sign any and all agreements with the New York State Office for the Aging to implement the MIPPA program
under the existing HIICAP program in the amount of $6,000, effective immediately through May 31, 2010,
Vote: 8-0.
RE: AUTHORIZE COMMUNICATION CABLE EASEMENT AGREEMENT WITH VERIZON –
WHEREAS, the new Shared Public Works Facility at 910 South Decatur Street requires phone service
for which Verizon is willing to install land lines at no cost, and
WHEREAS, Verizon requires a Communication Cable Easement agreement before installation.
sign an agreement with Verizon for a cable easement at no cost, subject to approval of the Schuyler County
Attorney.
Vote: 8-0.
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RE: AUTHORIZE DECLARING A 2003 DODGE RAM TRUCK SURPLUS AND SELLING IT TO THE
TOWN OF MONTOUR – HIGHWAY DEPARTMENT
WHEREAS, Central Garage purchased a 2003 Dodge Ram pickup truck, and
WHEREAS, this vehicle was declared surplus by Resolution No. 191-09 to be sold at auction, and
WHEREAS, the Town of Montour has expressed a need for this truck and has offered to purchase it for
$9,500, and
WHEREAS, no other municipality is interested in purchasing the truck.
Legislature hereby declare said truck as surplus, and
BE IT FURTHER RESOLVED, that the truck be sold to the Town of Montour for the sum of $9,500.
Vote: 8-0.
RE: AUTHORIZE AMENDING RESOLUTION NO. 256-09 TITLED “AUTHORIZE TRANSFER OF
FUNDS FOR BRIDGE REPAIR WORK IN THE 2009 COUNTY ROAD FUND BUDGET –
HIGHWAY DEPARTMENT
WHEREAS, Resolution No. 256-09 authorized a transfer from the Limestone 5110.512 account in the
amount of $2,161.00 into the Contractual 5020.400 account, and
WHEREAS, the amount transferred was short in the amount of $600.00.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 256-09 be amended to correct the
amount to be $2,761.00, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is authorized to transfer an
additional $600.00 as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
-$600.00
5110.512
Limestone
+$600.00
5020.400
Contractual
Vote: 8-0.
RE: ACCEPT/REJECT BIDS FOR CONSTRUCTION OF VAN ZANDT HOLLOW BRIDGE
REPLACEMENT - HIGHWAY
WHEREAS, Resolution No. 221-09 authorized the advertising for bids for construction of the VanZandt
Hollow Bridge Replacement, and
WHEREAS, bids were opened on September 10, 2009 and reviewed with the recommendation being
made by HUNT Engineers to accept the low bid from Silverline Construction.
NOW THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the
Schuyler County Legislature accept the following low bid from Silverline Construction, for the VanZandt
Hollow Bridge Replacement at the low bid price of $ 573,444.00, and
WHEREAS, there needs to be an amendment to the County Road Fund budget for these funds, including
taking $400,000 from County Road Fund Balance.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer amend the 2009 County Road
Fund for the expense and revenue:
COUNTY ROAD
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$ 573,444
5120.570
BRIDGES
-$ 17,296
5112.583
CR 19
-$156,148
5112.595
CR 14 & CR 4
+$400,000
002.5031
Interfund Transfer
BE IT ALSO RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a
contract with Silverline Construction, subject to approval of the Schuyler County Attorney.
BE IT ALSO FURTHER RESOLVED that the other bids be rejected, with a note of appreciation for
their participation.
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Vote: 8-0.
DISCUSSION: Legislator Fagan asked if this was the low bid. Administrator O’Hearn said yes. Legislator
Fagan asked if it is in the budget. O’Hearn said this was not anticipated, it has been Red Flagged by the State
and needs to be repaired. The Highway Department has shifted their priorities to allow for this repair.
Legislator Fagan then asked if there was any State aide associated with it. O’Hearn said no, it is all local share.
RE: RECOGNITION OF OCTOBER 19-25, 2009 AS “DRUG-FREE WORKWEEK” – HUMAN
RESOURCES
WHEREAS, the U.S. Department of Labor has declared October 19-25, 2009 as National Drug Free
Work Week and encourages employers and workers across the nation to participate, and
WHEREAS, the purpose of Drug-Free Work Week is to highlight the fact that being drug free is key to
protecting workplace safety and health and to encourage workers with alcohol and drug problems to seek help.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes
October 19-25, 2009 as Drug-Free Work Week in Schuyler County, and
BE IT FURTHER RESOLVED, that all employers and employees throughout Schuyler County are
encouraged to participate, and
BE IT FURTHER RESOLVED, that all Schuyler County employees are encouraged to take part in any
Working Drug-Free Works activities planned by Schuyler County.
Vote: 8-0.
RE: AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES
WHEREAS, there were significant unanticipated expenses involving labor counsel which have caused
the 2009 Human Resources Department budget to be depleted.
transfer $25,000.00 from Contingency account no. 1990.500 to Human Resources account no. 1430.435Professional Fees/Services.
Vote: 8-0.
RE: RECOGNIZE OCTOBER 18-24, 2009 AS “NATIONAL SAVE FOR RETIREMENT WEEK” –
HUMAN RESOURCES
WHEREAS, “National Save for Retirement Week “is the first congressional and State endorsed event
formally calling on employers to promote the benefits of saving for retirement, and encouraging employee to
take full advantage of employer-sponsored programs, and
WHEREAS, research has shown that nearly half of all workers in the United State have less than
$25,000 in total savings. Even more startling is the fact that slightly more than one in five workers say they
have no savings of any kind, and
WHEREAS, with longer life expectancies and rising costs, it is critical that Americans understand the
importance of savings – now.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes the
week of October 18-24, 2009 as “National Save for Retirement Week”, and encourages its employees to
participate in any activities planned by Schuyler County.
Vote: 8-0.
RE: ACCEPT REQUEST FOR PROPOSAL FROM CIASCHI, DIETERSHAGEN, MICKELSON & CO,
LLP FOR 2010, 2011 AND 2012 AUDITING SERVICES – TREASURER’S OFFICE
WHEREAS, Requests for Proposals for Auditing Services for the years 2009, 2010 and 2011 where
received on July, 31, 2009, and
WHEREAS, said proposals have been reviewed by the Management and Finance Committee, and
WHEREAS, it is the recommendation of the Management and Finance Committee that the Request for
Proposal be awarded to Ciaschi, Dietershagen, Little, Mickelson & Co, LLP.
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authorized to sign a three-year agreement with Ciaschi, Dietershagen, Little, Mickelson & Co., LLP for auditing
services to audit the years 2009 in the amount of $66,000.00, 2010 in the amount of $67,000.00 and 2011 in the
amount of $68,000.00, subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that a letter of appreciation be sent to Toski, Schaefer & Co. for their
participation.
Vote: 8-0.
RE: AUTHORIZE AGREEMENT WITH KAREN W. ALLEN FOR ELECTION TRAINING SERVICES –
BOARD OF ELECTIONS
WHEREAS, the Board of Elections currently has a Federal Grant from HAVA funds for Voter
Education, and
WHEREAS, receipt of these funds is contingent upon educating the public on the new voting machines
prior to the 2009 General Election to be held on November 3, 2009, and
WHEREAS, Karen W. Allen has trained as an Election Inspector on the new machines and is familiar
with their operation and is also a career program coordinator, and
WHEREAS, the Board of Elections is looking for someone to coordinate the program and go out to the
public with the machine and do the training, and
WHEREAS, Karen W. Allen has the qualifications to do this and is willing to do it at the rate of $15.00
per hour plus mileage, at a total of approximately 300 hours, some of which will be reimbursed by grant
monies.
hereby authorized to sign an agreement with Karen W. Allen for the Board of Elections for Program
Coordinator services for the Voter Education Program, at a rate of $15.00 per hour, plus mileage to be paid at
the County’s reimbursement rate, effective August 15, 2009 through December 31, 2009, funding available
through a federal grant in the amount of $7,000, with the County paying any costs not covered by grant funds;
subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZING AN AGREEMENT WITH DANIEL F. BIZZELL/ASSOCIATED APPRAISAL
SERVICES, INC FOR TWO APPRAISALS OF PROPERTY AT A COST OF $250.00 EACH – REAL
PROPERTY TAX
WHEREAS, the county is in need of appraisal services to determine the fair market value of two
properties, tax map number 65.13-4-48 at 110 Tenth Street in the Village of Watkins Glen, and 63.00-3-17.2 at
2358-2962 VanZandt Hollow Road in the Town of Dix.
execute a contract with Associated Appraisal Services, Inc. (Daniel F. Bizzell) for the Real Property Tax
Service Agency for appraisals to be conducted on these two properties in an amount not to exceed $500,
funding available in the 2009 Real Property Tax budget account no. 1355.400 subject to approval of the
Vote: 8-0.
RE: AUTHORIZE CHANGE ORDER #GC-005 WITH WELLIVER-MCGUIRE, INC. FOR THE
GENERAL CONTRACTOR PORTION OF THE SHARED PUBLIC WORKS FACILITY –
WHEREAS, Resolution No. 472-08 authorized a contract with Welliver-McGuire, Inc., for the General
Contractor Portion of the Share Public Works Facility, and
WHEREAS, Resolution No. 200-09 authorized Change Order #GC-001 in the amount of $2,889 with
Welliver-McGuire, Inc. for trenching inside the building with conduit and backfill and site lighting stub ups,
and
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Welliver-McGuire, Inc. for change in vapor retarder and gutter and downspout revisions, and
Welliver-McGuire, Inc. for various changes in the sewer and water service, and
WHEREAS, Resolution No. 200-09 authorized Change Order #GC-004 in the amount of $2,710.05 with
Welliver-McGuire, Inc. for additional oil separator risers and riser plates, and
WHEREAS, additional gas line extension work is required at west side of the building, and
$1,897,000.00
$ 12,054.05
Contract Amount Prior to this Change Order #GC-005
$1,909,054.05
Amount Contract will Increase by Change Order #GC-005 $
6,026.24
$1,915,080.29
sign Change Order #GC-005 at a cost of $6,026.24 with Welliver-McGuire, Inc., to be funded from the Capital
Reserve account no. 004.1620.211, subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 297 Motion by Fagan, Second by Larison.
RE: SET TAX AUCTION SALE DATE/AUTHORIZE CHAIRMAN TO SIGN “NOTICE TO VACATE”
AND AUCTIONEER AGREEMENT – TREASURER’S OFFICE
WHEREAS, final Judgment of Foreclosure in the pending tax foreclosure proceeding has been received
by the County Attorney’s Office pursuant to Article 11 of the Real Property Tax Law, and
WHEREAS, it is necessary to set a tax auction sale date in advance thereof, and
WHEREAS, the Schuyler County Treasurer is the enforcing officer responsible for carrying out a
foreclosure sale.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer has set Saturday,
October 17, 2009 as a tax auction sale date, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature or his designee be, and hereby is,
authorized to sign and the Sheriff’s Department to hand deliver a Notice to Vacate to all occupants of property
on which the County of Schuyler holds, or will hold, a tax deed to, and
BE IT FURTHER RESOLVED, that said Notice to Vacate be sent by registered mail to the most recent owners
of record as shown in the property description, and
agreement with David A. Matson for auctioneer services for the year 2009, at a cost of 6% of the sale; subject to
the approval of the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE THE CREATION AND FILLING OF A PROBATION OFFICER TRAINEE POSITION
- PROBATION DEPARTMENT
WHEREAS, the Schuyler County Probation Department has the need to replace a Probation Officer
position, and
WHEREAS, the Probation Director would like to be able to fill this position with either a Probation
Officer or a Probation Officer Trainee, and
WHEREAS, a Probation Officer Trainee position does not currently exist and it would be in the best
interest to the Department to create a trainee position so it may be filled with the most qualified candidate
whether it be an applicant who qualifies as a Probation Officer or a trainee, and
WHEREAS, the Probation Director is requesting to create this position, upon the approval of the County
Administrator, and
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WHEREAS, it is further understood that the Probation Director will only hire one eligible applicant to
fill one position, and
NOW, THEREFORE, BE IT RESOLVED, that the Probation Director is hereby authorized to create
and fill the Probation Officer Trainee position at an hourly rate of $16.79, to be placed in Grade Level 8, as set
forth in the CSEA Administrative Unit Contract, effective immediately.
Vote: 8-0.
RE: ACKNOWLEDGE APPOINTMENTS OF SCHUYLER COUNTY ELECTION INSPECTORS –
BOARD OF ELECTIONS
of Election Commissioners have made a recommendation of 2 individuals to be appointed as Democratic
election inspectors.
WHEREAS, Julia Smith & William McNamara have resigned as Election Inspectors effective as of
September, 10, 2009
the appointment of Patricia L. Butler and Edythe J. Jones as Schuyler County Election Inspectors for a one year
term commencing July 15, 2009 through July 14, 2010.
BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby acknowledges the
appointment of Jessica Orbin as a Democratic Party Inspector and Maureen Colunio as a Republican Party
Inspector effective September 10, 2009 through July 14, 2010.
Vote: 8-0.
RESOLUTION NO. 300 Motion by Fagan, Second Field.
RE: AUTHORIZE TRANSFER OF FUNDS – CORONER
WHEREAS, there were significant unanticipated expenses involving accidental deaths requiring
numerous autopsy expenses which have caused the 2009 Coroner’s budget to be depleted.
transfer $3000.00 from Contingency account no. 1990.500 to the Coroner account no. 1185.400-Contractual.
Vote: 8-0.
RE: AUTHORIZE CONTRACT WITH JEFF’S SEPTIC& PORTABLE TOILET RENTAL, INC. FOR
SERVICES AT THE SCHUYLER COUNTY DOG SHELTER - SHERIFF’S OFFICE
WHEREAS, the contract with FOSCAS for management of the Dog Shelter expired on August 31,
2009, and
WHEREAS, the waste holding tank at the Dog Shelter requires regular pumping and removal of waste,
and
WHEREAS, because there are no sanitary facilities at the Dog Shelter, there is also a need for a portable
toilets, and
WHEREAS, the County Sheriff’s Department is now responsible for utilities and maintenance costs at
the Dog Shelter.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a
contract with Jeff’s Septic & Portable Toilet Rentals, Inc. for services at the Schuyler County Dog Shelter at a
cost of $150 for pumping services and $65 a month for the portable toilet , for a term of August 1, 2009 through
December 31, 2010, subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RESOLUTION NO. 302 Motin by Larison, Second by Field.
Vote: 8-0.
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RE: RECOGNIZE THE GOVERNOR’S PROCLAIMATION OF OCTOBER 2009 AS THE MONTH OF
THE YOUNG ADOLESCENT
WHEREAS, the transitional early adolescent years, from ages 10 to 14, represent the distinct
development stage between childhood and full adolescence, when youth begin to experience more extension
physical, mental, social, moral, and emotional changes than at any other time in life – with the possible
exception of infancy, and
WHEREAS, the New York State Education Department recognizes early adolescence as a period in the
lives of our youth that requires developmentally responsive programs and practices, and
WHEREAS, the New York State School Association is committed to creating, promoting and
supporting effective middle-level programs that are academically rigorous and developmentally appropriate,
and
WHEREAS, the social and moral values and the personal attitudes young adolescents develop during
these formative years largely determine their lifelong behavior, and
WHEREAS, the experiences of young adolescents during this period directly impact their future plans
for graduation and lifelong learning, and the knowledge and cognitive skills young adolescents develop during
these formative years largely affect their performance in high school and success throughout their adult life and
in their chosen careers, and
WHEREAS, parents continue to serve as the primary role models and sources of guidance, influence
and direction in the lives of youth, even as young adolescents give increased attention to their friends and peers
in school, and
WHEREAS, our communities also serve as “classrooms” where young adolescents can derive valuable
knowledge and learn important lessons by participating in civic life, joining community organizations, and
interacting with responsible caring adults who reflect positive lifestyles and examples of good citizenship, and
WHEREAS, an extensive amount of information and research about this important age group currently
exists and such valuable sources of insight into the development of young adolescents should be made available
to parents, educators, teen organizations and the greater public so as to promote greater understanding and
awareness of the unique concerns, vulnerabilities and sensitivities that affect this young sector of the
population, as we all care about our youth and strive to ensure their safety, well-being and growth into sound
adults and productive members of society.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize
Governor Paterson’s proclamation of October 2009 as The Month of the Young Adolescent.
Vote: 8-0.
RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE
ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY
AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT
CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK
AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH
ADDITIONAL RATE OF TAX
Be it enacted by the Legislature of the county of Schuyler, as follows:
SECTION 1. The first sentence of section two of Resolution No. 140 as enacted November 27, 1967, as
amended, is amended to read as follows:
SECTION 2. Imposition of sales tax.
On and after March 1, 1968, there is hereby imposed and there shall be paid a tax of three percent upon,
and for the period commencing March 1, 2000, and ending November 30, 2011, there is hereby imposed and
there shall be paid an additional tax of one percent upon:
SECTION 2. Subdivision (f) of section three of Resolution No. 140 as enacted November 27, 1967, as
(f) With respect to the additional tax of one percent imposed for the period commencing March 1, 2000,
and ending November 30, 2011, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply,
except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an
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effective date shall be read as referring to March 1, 2000, all references in said subdivision (a) to the date four
months prior to the effective date shall be read as referring to November 1, 1999, and the reference in
subdivision (b) to the date immediately preceding the effective date shall be read as referring to February 29,
2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any
transaction which may not be subject to the additional tax imposed effective on that date.
SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is
amended to read as follows:
SECTION 4. Imposition of compensating use tax.
(a) Except to the extent that property or services have already been or will be subject to the sales tax under this
enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and
after March 1, 2000, except as otherwise exempted under this enactment, (A) of any tangible personal property
purchased at retail, (B) of any tangible personal property (other than computer software used by the author or
other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible
personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or
incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting
structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or
repairing real property, property or land, as the terms real property, property or land are defined in the real
property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or
repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1),
(7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where
not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7)
of subdivision (c) of section two have been performed, (E) of any telephone answering service described in
subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the
user offers software of a similar kind for sale as such or as a component part of other property in the regular
course of business, (G) of any prepaid telephone calling service, and (H) of any gas or electricity described in
subdivision (b) of section two of this enactment.
(b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing March 1,
2000, and ending November 30, 2011, the tax shall be at the rate of four percent, and on and after December 1,
2011, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such
property, or for the use of such property, including any charges for shipping or delivery as described in
paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property
accepted in part payment and intended for resale.
(c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period
commencing March 1, 2000, and ending November 30, 2011, the tax shall be at the rate of four percent, and on
and after December 1, 2011, the tax shall be at the rate of three percent, of the price at which items of the same
kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or
withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled
such property shall not be deemed a taxable use by him; provided, however, that if the user uses such an item
itself on its own premises (not including making a gift of such tangible personal property), solely in the conduct
of the user’s own business operations, and the item retains its characteristic as tangible personal property when
so used, the tax shall be at the rate, and on the consideration, described in subdivision (d) of this section.
(d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period
commencing March 1, 2000, and ending November 30, 2011, the tax shall be at the rate of four percent, and on
and after December 1, 2011, the tax shall be at the rate of three percent, of the consideration given or contracted
to be given for the tangible personal property manufactured, processed or assembled into the tangible personal
property the use of which is subject to tax, including any charges for shipping or delivery as described in
paragraph three of subdivision (b) of section one.
(e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision
(a) of this section, there shall be no tax on any portion of such price which represents the value added by the
user to tangible personal property which he fabricates and installs to the specifications of an addition or capital
improvement to real property, property or land, as the terms real property, property or land are defined in the
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real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such
tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor
who similarly fabricated and installed such tangible personal property to the specifications of an addition or
capital improvement to such real property, property or land.
(f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing
March 1, 2000, and ending November 30, 2011, the tax shall be at the rate of four percent, and on and after
December 1, 2011, the tax shall be at the rate of three percent, of the consideration given or contracted to be
given for the service, including the consideration for any tangible personal property transferred in conjunction
with the performance of the service and also including any charges for shipping and delivery of the property so
transferred and of the tangible personal property upon which the service was performed as such charges are
described in paragraph three of subdivision (b) of section one.
(g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing March 1,
2011, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the
tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with
the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from
storage of computer software described in such clause (F) by its author or other creator shall not be deemed a
taxable use by such person.
(h) For purposes of clause (G) of subdivision (a) of this section, for the period commencing March 1,
2011, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the
service, including the consideration for any tangible personal property transferred in conjunction with the
service and also including any charges for shipping and delivery of the property so transferred as such charges
are described in paragraph three of subdivision (b) of section one; provided that, if the user offers like services
for sale in the regular course of business, the tax shall be at the rate of three percent of the price at which the
user offers such like services for sale.
(i) For purposes of clause (H) of subdivision (a) of this section, for the period commencing June 1, 2000,
and ending November 30, 2011, the tax shall be at the rate of four percent, and on and after December 1, 2011,
the tax shall be at the rate of three percent, of the consideration given or contracted to be given for, or for the
use of, the gas or electricity, including the consideration for any tangible personal property transferred in
conjunction with the performance thereof, and including any charges described in paragraph three of
subdivision (b) of section one of this enactment.
SECTION 4. Subdivision (k) of section six of Resolution No. 140 as enacted November 27, 1967, as
(k) Exemption of certain energy sources and related services from additional one percent rate of tax.
Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and
coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating
purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in
containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services
used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use
taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing March 1, 2000,
and ending November 30, 2011.
SECTION 5. Paragraph (B) of subdivision (1) of section 11 of Resolution No. 140 as enacted
November 27, 1967, as amended, is amended to read as follows:
(B) With respect to the additional tax of one percent imposed for the period beginning March 1, 2000,
and ending November 30, 2011, in respect to the use of property used by the purchaser in this County prior to
March 1, 2000.
SECTION 6. Subdivision (d) of section fourteen of Resolution No. 140 as enacted in November 27,
1967, as amended, is added to read as follows:
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(d) Net collections attributable to the additional one percent rate of sales and compensating use taxes
imposed for the period beginning March 1, 2000, and ending November 30, 2011, are set aside for County
purposes and shall be available for any County purpose.
SECTION 7. This enactment shall take effect December 1, 2009.
Vote: 8-0.
NEW BUSINESS: None.
Legislator Bleiler brought up the letter each of them received for a senator regarding the Constitution
Convention. There was much discussion and it was decided that it would be brought up later at possibly a
Management & Finance Committee meeting for discussion.
Legislator Marcellus commended SCOPED for their success and diligence towards the Restore New
York Funds coming through, the Rural Urban Center being refurbished, the Waterfront development and the
railroad project.
Nothing new to report.
REGUALR MEETING
OCTOBER 13, 2009
The October 13, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 6:30
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler followed by a moment of
silence. All Legislators were present. County Administrator O’Hearn and County Attorney James Coleman
were also present.
RE: APPROVE MINUTES OF THE SEPTEMBER 14, 2009 REGULAR MEETING OF THE SCHUYLER
COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the September 14, 2009 Regular Meeting of the Schuyler
County Legislature be approved.
Vote: 8-0.
RE: AUTHORIZE APPLICATION FOR THE 2009 FIRE PREVENTION AND SAFETY GRANT –
WHEREAS, Department of Homeland Security has offered a competitive grant, under the Assistance to
Firefighters Grants (AFG) program, and
WHEREAS, the Emergency Management Office wishes to apply for Fire Prevention and Safety Grant
(FP&S) in an amount of approximately $85,000.00 to support the Fire Investigation Team and Fire Prevention
program.
sign any and all documents relative to the 2009 Fire Prevention and Safety Grant, subject to the approval of the
Vote: 8-0.
RE: AUTHORIZE GRANT APPLICATION FOR A STATE HOMELAND SECURITY PROGRAM FOR
EMERGENCY MANAGEMENT, A STATE LAW ENFORCEMENT TERRORISM PREVENTION
PROGRAM FOR THE SHERIFF’S DEPARTMENT AND A LOCAL HEALTH DEPARTMENT
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PROGRAM GRANT FOR THE PUBLIC HEALTH DEPARTMENT
WHEREAS, the New York State (NYS) Office of Homeland Security offered counties money for
Homeland Security Preparedness, and
WHEREAS, the Emergency Management Office wishes to apply for $53,972 under the State Homeland
Security Program, and
WHEREAS, the Sheriff’s Department wishes to apply for $27,250 under the State Law Enforcement
Terrorism Prevention Program, and
WHEREAS, the Public Health Department wishes to apply for $27,778 under the State Local Health
Department Program, and
WHEREAS, these grants are 100% funded with no local match required.
sign any and all documents relative to the following grants listed above, subject to the approval of the Schuyler
County Attorney.
Vote: 8-0.
RE: AUTHORIZE APPLICATION FOR REIMBURSEMENT OF ELIGIBLE COSTS ASSOCIATED
WITH WIRELESS E-911 SERVICES – EMERGENCY MANAGEMENT
WHEREAS, the Department of State has determined county funding for the Wireless 911 Program with
eligible reimbursement for Schuyler County in the amount of $10,443.00 for State Fiscal Years 2009-2010
budget for costs incurred between April 1, 2009 through March 31, 2012, and
WHEREAS, the Emergency Management Office wishes to apply for said funds.
sign any and all documents relative to the Wireless E-911 Program, subject to the approval of the Schuyler
County Attorney.
Vote: 8-0.
RE: AUTHORIZE TRANSFER OF FUNDS FOR INMATE EXPENSES – SHERIFF’S OFFICE
WHEREAS, there were significant unanticipated expenses involving boarding female inmates out to
other correctional facilities which have caused the 2009 Sheriff’s Office budget to be depleted.
transfer $20,000.00 from Contingency account no. 1990.500 to Jail account no. 3150.0456-Board Male and
Female Prisoners.
Vote: 8-0.
RE: AUTHORIZE TRANSFER OF FUNDS FOR DOG SHELTER EXPENSES – SHERIFF’S OFFICE
WHEREAS, since the transfer of operating the dog shelter from FOSCAS to the Humane Society of
Schuyler County, the Schuyler County Sheriff’s Office has taken on the expenses for maintenance and utilities
at the dog shelter, and
WHEREAS, the cost associated with maintenance and utilities was not included in the 2009 budget for
animal control, and
WHEREAS, funds are needed for the remainder of 2009 for these costs, and
WHEREAS, said funds are available in the Car Operation and Expense Account.
transfer $10,000 from account no. 3110.444-Car Operation and Expenses to account no. 3510.400-Contractual
Expenses.
Vote: 8-0.
RE: AUTHORIZE 2009-2010 SNOWMOBILE GRANT APPLICATION – SOIL & WATER
CONSERVATION
WHEREAS, four local Snowmobile Clubs in the county wish to use the Schuyler County Government
as their authorized local sponsor for their grants, and
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WHEREAS, the Soil and Water Conservation District would be the administrator of the grants and the
County Treasurer would administer the grant funds, and
WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Soil and
Water Conservation District Office, and
WHEREAS, the Department of Environmental Conservation (DEC) will issue trail permits to the
Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the
authorized local sponsor for four local Snowmobile Clubs in the county in pursuit of Snowmobile Trails Grant
funds, and
2009-2010 grant application and contract; subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE GRANT ACCEPTENCE AND RENEWAL FOR A PARTNERSHIP FOR YOUTH
(APY) ALIGNING THE YOUTH DEVELOPMENT & WORKFORCE DEVELOPMENT SYSTEMS
GRANT – YOUTH BUREAU
WHEREAS, The Youth Bureau in collaboration with the Chemung County Youth Bureau, Catholic
Charities of Schuyler County, Catholic Charities of Chemung County, Pro Action of Steuben &Yates County,
Inc., and Workforce New York is filling an employment gap with youth specially challenged and considered
difficult to serve, and
WHEREAS, this is the fourth year of the grant, it is offered to Youth Bureaus only and they must
collaborate with existing Workforce Investment Act Programs, and
WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the $116,900 allocation for
the program with up to 5% of the grant to be designated for administrative responsibility, and
WHEREAS, the Youth Bureau will contract with ProAction and Catholic Charities to provide the WIA
program aspects and Workforce New York for the program monitoring, and
WHEREAS, the Youth Bureau has been designated to provide the youth development aspects for the
programs and youth.
sign the aforementioned grant application for the APY Grant funding and any subsequent contracts, subject to
Vote: 8-0.
RE: AUTHORIZE CONTRACT WITH CHEMUNG SCHUYLER STEUBEN WORKFORCE NEW YORK
– YOUTH BUREAU
WHEREAS, CSS Workforce is receiving stimulus money from the Federal Government for expansion
of the WIA program and is offering the Youth Bureau a grant for $38,000, and
WHEREAS, the Youth Bureau is the lead agency for the APY grant which is a WIA program and
contracts with ProAction and Catholic Charities currently for the delivery of this program and they are willing
to increase their capacity to support this grant, and
WHEREAS, an additional $38,000 will be given to this program through CSS Workforce with no local
share.
execute a contract with ProAction and Catholic Charities for the Youth Bureau for employment services for the
term August 15, 2009 through June 30, 2010 and authorize the Treasurer to set up the grant account, subject to
Vote: 8-0.
RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD
BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Ryan
Albro to the Schuyler County Youth Board for the term January 1, 2009 through December 31, 2009.
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Vote: 8-0.
RE: RECOGNIZE NOVEMBER 19, 2009 AS THE GREAT AMERICAN SMOKEOUT DAY – PUBLIC
HEALTH
WHEREAS, secondhand smoke causes between 35,000 and 40,000 deaths from heart disease every
year, and
WHEREAS, 3000 otherwise healthy nonsmokers will die of lung cancer annually because of their
exposure to secondhand smoke, and
WHEREAS, these deaths occur because tobacco users are not the only ones who breathe smoke, all the
people around them inhale it too, and
WHEREAS, unfortunately, non-smoking and ventilated public spaces cannot filter or circulate air at the
rate necessary to eliminate secondhand smoke.
NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature recognizes November
19, 2009 as the Great American Smokeout Day and encourages residents to stop smoking for one day.
Vote: 8-0.
RE: AUTHORIZE
CONTRACT
AMENDMENT
WITH
CATHOLIC
CHARITIES
OF
CHEMUNG/SCHUYLER COUNTIES AND AUTHORIZE AMENDING THE 2009 BUDGET –
COMMUNITY SERVICES
WHEREAS, the Community Services Department currently has a contract with Catholic Charities of
Chemung/ Schuyler Counties, and
WHEREAS, the New York State Office of Mental Health (OMH) has issued a revised State Aid letter,
increasing funding to Catholic Charities of Chemung/Schuyler Counties by $133.00.
execute an amendment to the contract with Catholic Charities of Chemung/Schuyler Counties, increasing the
amount of the contract by $133.00 to an amount not to exceed $17,040, subject to the approval of the County
Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2009
budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$133.00
4310.435
Professional Fees
+$133.00
4310-3490
State Aid – Mental Health
Vote: 8-0.
RE: ACCEPT AND ESTABLISH THE HEALTHY COMMUNITIES CAPACITY BUILDING INITIATIVE
(OBESITY) GRANT – PUBLIC HEALTH
WHEREAS, the Public Health Department has received a grant from the Healthy Communities Capacity
Building Initiative (Obesity) in the amount of $34,000.00, and
WHEREAS, the grant will be for the period August 1, 2009 through March 31, 2010.
sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the Healthy
Communities Capacity Building Initiative (Obesity) Grant, in cooperation with the Public Health Department.
Vote: 8-0.
RE: RECOGNIZE NOVEMBER 2009 AS NATIONAL DIABETES MONTH – SCHUYLER COALIITION
FOR AWARENESS, MANAGEMENT AND PREVENTION OF DIABETES (SCAMP-D)
WHEREAS, nearly 24 million Americans have diabetes and another 41 million Americans are at risk of
developing diabetes, diabetes is a chronic, debilitating and costly disease, and
WHEREAS, the current statistics reveal that 23.6 million children and adults in the United States are
living with diabetes, and the numbers are increasing annually, and
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WHEREAS, diabetes is associated with an increased risk for a number of serious and sometimes lifethreatening complications, and
WHEREAS, Americans spend billions of dollars on diabetes care, testing and management each year,
and
WHEREAS, the key to early diagnosis and treatment, as well as prevention of diabetes and its
complications, is awareness and education, and
WHEREAS, diabetes is among the leading causes of death in the United States, and
WHEREAS, the symptoms of diabetes include frequent urination, excessive thirst, extreme hunger, unusual
weight loss, increased fatigue, irritability and blurry vision.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes November
2009 as National Diabetes Month and encourages all residents to be aware of the symptoms of diabetes and to
work to maintain one’s health by participating in diabetes screening, reading material relevant to the disease, gain
an awareness of the risk and participate in physical activities and healthy eating.
Vote: 8-0.
RE: RESOLUTION REFLECTING THE SENSE OF THIS BODY THAT SCHUYLER COUNTY’S
OWNERSHIP INTEREST IN THE WESTERN REGIONAL OFF-TRACK BETTING
CORPORATION MUST BE PROTECTED
WHEREAS, it is today widely acknowledged that New York State and its municipalities, including the
County of Schuyler, are facing substantial financial and budgetary challenges brought on by the current
recession, and
WHEREAS, state-wide for over the past 30 years, 43 participating counties and municipalities have
received more than $3 billion in revenues as their return on their collective investment as the “stockholders” in
respective New York off-track betting corporations, and
WHEREAS, the Western Regional Off-Track Betting Corporation (“WESTERN”) has itself in its 34
years of existence distributed immense sums to its statutory beneficiaries in pursuit of its charge by the State
Legislature to support New York racing and provide reasonable revenues for State and Local Government.:
$321 million commissions to race tracks in New York
$203 million to its participating municipalities
$93 million to the State of New York
$34 million to the Breeders’ Fund
$57 million to the New York State Lottery since May, 2005, and
WHEREAS, Western provides over 600 full and part-time jobs for the community at its branches and
the Batavia Downs complex while pumping additional millions in indirect revenue to agribusinesses in Western
New York, and
WHEREAS, Schuyler County is a participating owner of Western, having joined in 1976 without any
requirement of an initial capital investment or loan, but has realized shareholder dividends since joining
Western of $856,233 in the form of operating and surcharge profits through 2008, and
WHEREAS, Schuyler County employs its profits from Western to help offset the rising rate of property
taxes, for special education, address the rising costs of Medicaid, retirement and health insurance, and to assist
other important County-funded programs, and
WHEREAS, Western is a public benefit corporation created by statute in 1974 that is unique in off-track
betting corporations in that it not only operates a retail branch business with over 30 branches facilities spread
over its 15 county area but owns and operates Batavia Downs Racetrack with live racing, inter-track wagering,
and since 2005, video lottery gaming, and
WHEREAS, we are well satisfied, and our confidence is justified by a the preliminary findings of a
recent audit of Western by the New York State Comptroller’s Office, that Western’s Board of Directors and the
corporation’s experienced management have taken the necessary steps to reduce expenses and implement other
economies to react appropriately to the nationwide trend of the decline of betting handle, the recent downturn in
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the Country’s economy and by State Legislation’s steady drain of Western’s gross revenues to other segments
of the New York racing industry and the State’s bureaucratic oversight of racing and wagering, and
WHEREAS, the State’s Governor has appointed a commission, “The Task Force on the Future of OffTrack Betting in New York State”, to investigate and make recommendations as to the efficiency of these
regional corporations and consider their consolidation under one authority, and
WHEREAS, the State law that created this Task Force obligates it to consult with, among others, local
Governments regarding this matter and indeed the Task Force in communications with Schuyler County
officials has stated that:
“The emphasis of the Task Force is focused on the off-track betting system’s ability to
raise revenues for State and local Governments as well as strengthen the racing and breeding
industries in New York. Your input in this matter is therefore requested.”, and
WHEREAS, industry pundits have openly speculated that the Task Force’s recommendations are preordained and, if adopted, will ultimately result in these regional corporations like Western being effectively
dissolved and their franchise, and most importantly their revenue-generating assets, given to the New York
Racing Association or taken by the State itself, neither of which have shown any recent success in their own
business management in or out of racing or, in the latter case, operating a pari-mutuel off-track betting system,
and
WHEREAS, such predictions portend the loss to Schuyler County of not only the annual revenues
generated by Western but the stripping it of its ownership interest in Western’s real property, that represents our
County’s reinvestment in Western, and that has been professionally appraised at over Fifty Eight Million
($58,000,000) Dollars, of which Schuyler County’s shareholder interest is .69% or $404,168.52, and
WHEREAS, because of this ownership interest, counties and municipalities who are participating
members in Western are more than just disinterested observers of any recommendation by the Task Force
which affects the structure of Off-Track Betting and horse racing in New York State, and
WHEREAS, any such negative impact on the financial and operational relationship that Schuyler
County has with Western Regional Off-Track Betting Corporation would negatively affect Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports Western
Regional Off-Track Betting Corporation and its continued efforts to increase revenue for its participating
member, and
BE IT FURTHER RESOLVED, that Schuyler County, a member of Western Regional Off-Track
Betting Corporation, could not and will not support any recommendation by the Task Force on the Future of
Off-Track Betting or the State of New York that would change the current structure of Off-Track Betting in
New York State and put in jeopardy the financial and operational relationship between Schuyler County and
Western Regional Off-Track Betting Corporation, and
BE IT FURTHER RESOLVED, that Schuyler County supports and will continue to support the
Legislative efforts of Western to see enacted the proposed 2009 OTB Omnibus Bill Legislation to preserve and
protect the financial integrity of Western by changing the current statutes that govern the operation and
distribution of revenues of Western, and
BE IT FURTHER RESOLVED, that those changes would permit Western to return greater revenues to
Schuyler County allowing Western to continue to provide a reasonable support for the Government of Schuyler
County while continuing to operate in a manner compatible with the well being of horse racing and breeding in
New York State, and
BE IT FURTHER RESOLVED, that Schuyler County's stake in the future of horseracing and Off-Track
Betting Corporations in New York State be protected, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be delivered with all due haste to
our locally –elected State Representatives Governor David Paterson’s office and Inter County Association of
Western New York urging each and every one of them to honor our resolve to protect Schuyler County’s
investment.
Vote: 8-0.
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RE:
AUTHORIZE CONTRACT WITH ECONOMIC OPPORTUNITY PROGRAM (EOP) FOR THE
NEXT STEP PROGRAM/AUTHORIZE AMENDING THE 2009 BUDGET – SOCIAL SERVICES
WHEREAS, Schuyler County has an interest in the employment and economic well-being of its
residents, including youth, and
WHEREAS, the Department of Social Services has received a Detention/Prevention grant from the
Office of Children and Family Services, and
WHEREAS, the Department wishes to enter into an agreement with the Economic Opportunity Program
(EOP) for the Next Step Program in the amount of $25,000, and
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature on behalf of the
Department of Social Services be authorized to execute a contract with the Economic Opportunity Program –
Next Step for the period July 1, 2009 through June 30, 2010 in the amount of $25,000, funding available in
account no. 6010.552, subject to approval by the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the
2009 Department of Social Services budget as follows:
AMOUNT
ACCOUNT NO
DESCRIPTION
+$25,000
6010.552
TANF Service Plan
+$25,000
6010.3610
State Aid – Administration
Vote: 8-0.
RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR BACK TO SCHOOL BENEFIT – SOCIAL
SERVICES
WHEREAS, the New York State Office of Temporary and Disability Assistance authorized Back to
School benefits for Family Assistance cases and advanced $135,000 for these benefits.
AMOUNT
ACCOUNT NO
DESCRIPTION
+ $135,000
6109.400
Family Assistance
+$ 27,000
6109.3609
State Aid – Family Assistance
+ $108,000
6109.4489
Federal Aid – Family Assistance
Vote: 8-0.
RE: AUTHORIZE CERTIFICATION OF 2008 COST ALLOCATION PLAN –SOCIAL SERVICES
BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 2008 Cost Allocation Plan
prepared by Venesky and Company for Schuyler County Department of Social Services claiming of Countywide administrative costs and maintenance in lieu of rent in 2010, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the
plan to the NYS Office of Temporary and Disability Assistance.
Vote: 8-0.
RE: AUTHORIZE CONTRACT WITH ALL-MODE COMMUNICATIONS, INC. FOR TELEPHONE
SYSTEM MAINTENANCE AND SERVICE – BUILDING AND GROUNDS
WHEREAS, it is important to protect the telephone system investment with appropriate service and
maintenance, and All-Mode Communications, Inc. provides technical support and warranty replacement
guarantees for Schuyler Counties telephone systems, and All-Mode Communications, Inc. has provided this
service in the past, and
WHEREAS, All-Mode Communications, Inc. has proposed to provide the Premium Economy Service
and Support Plan for all Schuyler County telephone systems at an annual cost of $20,430.
2009 Cost
2010 Cost
Premium Economy Service $20,355.00
$20,430.00
sign a contract with All-Mode Communications, Inc. to provide service and support for county telephone
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systems for the period of January 1, 2010 through December 31, 2010, at a total cost of $20,430.00, funding
available in account no. 1610.400, subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE ADVERTISING TO RECEIVE BIDS FOR HVAC REPAIR CONTRACTS BUILDING AND GROUNDS
WHEREAS, the Buildings and Grounds Department needs to have qualified HVAC technicians to make
repairs on an as needed basis.
NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to
advertise for HVAC repair bids for the 2010 budget year, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an
open public meeting.
Vote: 8-0.
RE: AUTHORIZE CHANGE ORDER #GC-006 WITH WELLIVER-MCGUIRE, INC. FOR THE
GENERAL CONTRACTOR PORTION OF THE SHARED PUBLIC WORKS FACILITY–
BUILDING AND GROUNDS
WHEREAS, Resolution No. 472-08 authorized a contract with Welliver-McGuire, Inc., for the General
Contractor Portion of the Share Public Works Facility, and
WHEREAS, curbing was not included in the original scope of work, and Decatur Street will be paved at
the conclusion of this project, it is the appropriate time to place curbing on the East side of Decatur Street from
Fairground Lane to meet the existing curb, and
$1,897,000.00
$ 18,080.29
Contract Amount Prior to this Change Order #GC-006
$1,915,080.29
Amount Contract will Increase by Change Order #GC-006 $
9,032.90
$1,924,113.19
sign Change Order #GC-006 at a cost of $9033.00 with Welliver-McGuire, Inc., to be funded from the Capital
Reserve account no. 004.1620.211, subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR REPLACMENT FLOORING AT THE MILL
CREEK CENTER– BUILDING AND GROUNDS
WHEREAS, the carpet at the Mill Creek Center is in need of replacement, and
WHEREAS, it is the recommendation of the Building Maintenance Supervisor to advertise for bids for
the replacement of the carpet with tile.
NOW, THEREFORE, BE IT RESOLVED, that the Buildings Maintenance Supervisor is hereby
authorized to advertise for said bids, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an
open public meeting.
Vote: 8-0.
RE: AUTHORIZE AGREEMENT WITH AES AT THE GREENIDGE, POWER PLANT IN DRESDEN
FOR BOTTOM ASH/CINDERS – HIGHWAY DEPARTMENT
WHEREAS, the Highway Superintendent and the Public Works Committee have agreed there is a need
for the Highway Department to purchase Bottom Ash/Cinders (“ash”) for roadway ice control, and
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WHEREAS, AES Greenidge, LLC requires a signed agreement before any municipality can enter the
power plant in Dresden to load the bottom ash, and
WHEREAS, the price per ton is $ 4.75 if the municipality loads, and
WHEREAS, there is funding in the Highway budget to cover the cost associated with this expense.
sign an agreement with AES Greenidge, LLC for the Highway Department to purchase approximately 1000
tons of bottom ash from the NYSEG power station, for the period September 1, 2009 to August 31, 2010,
Vote: 8-0.
RE: RECOVERY ZONE DESIGNATION RESOLUTION DATED OCTOBER 13, 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 $94,000.00 pursuant to a sub-allocation 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 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 Schuyler as a recovery zone under ARRA.
NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler 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.
BE IT FURTHER RESOLVED, that the Clerk of the Legislature send certified copies of this Resolution to
New York State Association of County’s (NYSAC).
Vote: 8-0.
RE: AUTHORIZE A LEASE AGREEMENT WITH EASTERN COPIER FOR A COPIER AT THE
SHARED PUBLIC WORKS FACILITY – HIGHWAY DEPARTMENT – RESCINDED BY
RESOLUTION NO. 364-09
WHEREAS, the Highway Department wishes to enter into a 48 month copier lease with Eastern Copier
Products, and
WHEREAS, the cost of the copier will be $188/month with maintenance being covered and included
under the current County-wide maintenance agreement, and
WHEREAS, there is funding in the Highway 2009 budget and other agencies sharing the copier will be
charged accordingly to reimburse the costs associated with the lease.
enter into a lease agreement with Eastern Copier Products at a cost of $2,256.00 per year, funding available
from the Highway budget, account number 5010.410 subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RE: ADOPT REVISED SCHUYLER COUNTY SUBSTANCE ABUSE POLICY/DRUG AND ALCOHOL
TESTING PROGRAM – HUMAN RESOURCES
WHEREAS, Schuyler County is required to comply with the United States Department of
Transportation Federal Motor Carrier Safety Administration regulations (US DOT FMCSA) for drug and
alcohol testing, and
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WHEREAS, the County’s policy was last revised by Resolution No. 254-06 and the County’s drug and
alcohol testing administrator, Energetix, recommends another revision to be adopted by the Legislature.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby adopt the
attached revised policy which shall become part of the Schuyler County Policies and Procedures, and Schuyler
County Highway Manual, and
BE IT FURTHER RESOLVED, that immediately upon adoption of this policy, the Human Resources
Department shall arrange for the required training, education and distribution of this policy to be given to all
covered employees affected by Energetix testing, per above regulations.
Vote: 8-0.
RE: ACCEPT/REJECT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX
DEED
WHEREAS, the County Treasurer took tax deeds to property located in Schuyler County, State of New
York, and
WHEREAS, the former owner of record or the estate of the former owner of record may submit an Offer
to Purchase in the full amount of taxes, penalties, interest and other County expenses involved with the property
to the Schuyler County Treasurer two weeks prior to the tax sale auction.
offer/offers to Purchase:
BIDDER’S NAME:
Raymond E. Dann, Jr.
BIDDER’ ADDRESS:
8514 Route 54
Hammondsport, NY 14815
AMOUNT OF BID:
$10,793.60
FORMER OWNER:
Raymond E. Dann, Jr./County of Schuyler
TAX MAP #:
50.05-1.20
LOCATION:
768 County Route 23, and
BE IT FURTHER RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to
Purchase, subject to the last-stated condition below, and execute the quitclaim deed and attending documents
for the transfer of properties for which the County of Schuyler has taken a tax deed and listed said property in
the tax sale auction, upon payment to the Schuyler County Treasurer of the full amount of the purchase offer.
The full amount of the purchase offer must be made to the Schuyler County Treasurer prior to the tax sale
auction.
BE IT FURTHER RESOLVED, that upon acceptance of a bid, and payment in full of the purchase
price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the
Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment
thereof , and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature has the right to accept or reject
any and all bids.
Vote: 8-0.
RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL
TOURIST PROMOTION AGENCY FOR 2010
WHEREAS, the New York State Matching Grants Program is designated to encourage tourism
promotion throughout the regions of New York State, and
WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce
Department budget, and
WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional
Tourist Promotion Agency, and
WHEREAS, the Watkins Glen Area Chamber of Commerce has been authorized to serve as the
Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and
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WHEREAS, the Watkins Glen Area Chamber of Commerce has served as the Schuyler County lead
tourism promotion organization since its inception, and
WHEREAS, the Watkins Glen Area Chamber of Commerce has requested to be designated as the
County’s Tourism Agency for the 2010 State Program Year.
NOW, THEREFORE, BE IT RESOLVED, that the Watkins Glen Area Chamber of Commerce be, and
hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 2010 State
Program Year to represent the County of Schuyler under the present New York State Tourist Promotion Act for
all purposes set forth in said act, and
BE IT FURTHER RESOLVED, that the Watkins Glen Area Chamber of Commerce be, and hereby is,
authorized to execute any documents under the Matching Grants Program and is authorized to make application
for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce
Department budgets for 2010, and
BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is,
authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the
Watkins Glen Area Chamber of Commerce and the Finger Lakes Tourism Alliance.
Vote: 8-0.
RESOLUTION NO. 333 Motion by Karius, Second by Marcellus.
RE: AUTHORIZE RATE RENEWAL WITH GHI FOR DENTAL INSURANCE FOR THE YEAR 2010 –
HUMAN RESOURCES
BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a premium
rate renewal agreement with GHI for dental insurance coverage for county employee groups for the term of
January 1, 2010 through December 31, 2010, with rates per month as follows, subject to the approval of the
Schuyler County Attorney:
Schuyler County Dental Plan 203C5D331 (Admin., Highway, Mgmt., Road Patrol)
Family $62.90 Mo.
Individual $17.97 Mo.
Schuyler County Dental Plan 203C5D332
Family $67.74 Mo.
Individual $19.34 Mo. (Corrections)
Schuyler County Dental Plan 203C5D333 (Municipals)
Family $62.90 Mo.
Individual $17.97 Mo.
NOTE: The above rates represent a 4% increase.
Vote: 8-0.
RE: ACKNOWLEDGE APPOINTMENT OF SCHUYLER COUNTY ELECTION INSPECTORS –
BOARD OF ELECTIONS
of Election Commissioners have made a recommendation of 2 individuals to be appointed as Election
Inspectors.
the appointment of Cheryl I. Warner as Schuyler County Republican Election Inspector and Susanne Lipari as a
Schuyler County Democratic Election Inspector for a one year term commencing September 29, 2009 through
July 14, 2010.
Vote: 8-0.
RE: AUTHORIZE AGREEMENT WITH BARBARA ANDERSON, CERTIFIED YOGA INSTRUCTOR
AND ACE ADVANCED HEALTH AND FITNESS SPECIALIST – OFFICE FOR THE AGING
WHEREAS, the Schuyler County Office for the Aging, as part of its mission, provides disease
prevention and health promotion services to Schuyler County residents age 60 and over, and
WHEREAS, the Schuyler County Office for the Aging has an opportunity to contract with a local fitness
expert to provide yoga classes to seniors age 60 and over, and
WHEREAS, Certified Yoga Instructor, Barbara Anderson, has agreed to teach a series of classes for the
senior population designed to accommodate various physical abilities and limitations, and
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WHEREAS, Ms. Anderson has agreed to teach a series of six (6) classes commencing on October 26,
2009 and ending on December 31, 2009 for a total cost of $450 ($75.00 per class), and
WHEREAS, in keeping with the practice of requesting donations for services rendered by the Office for
the Aging, the cost of the classes would be off-set by the donations requested and collected from participants.
sign any and all contracts and agreements with Barbara Anderson, Certified Yoga Instructor, to provide yoga
classes to Schuyler County residents age 60 and over through the budget account no. 6772.0490 for the term of
October 26, 2009 through December 31, 2009, said contract subject to approval of the Schuyler County
Attorney.
Vote: 8-0.
DISCUSSION: Legislator Bleiler questioned if this Resolution had changed as of the discussion they had at the
Legislative Resolution Review Committee Meeting? County Administrator O’Hearn explained that there is a
local share required. The participants are contributing $5.00 each. Legislator Fagan asked if the $5.00 could be
considered the local share. Administrator O’Hearn discussed the numbers, explained the math and the fact that
the local share has to come from the County as it is a requirement of the Older Americans Act program. The
County cannot charge for this.
Vote: 8-0.
RE: RESOLUTION URGING THE GOVERNOR AND THE STATE LEGISLATURE TO REDUCE
STATE SPENDING WITHOUT SHIFTING COSTS FOR STATE PROGRAMS TO COUNTY
GOVERNMENT
WHEREAS, Counties in New York have long served as the principal partner in administering the
state's most critical programs in areas such as health, human services and public protection, and
WHEREAS, as part of administering these programs, the State mandates that Counties fund a
significant portion of these programs through the County budget, and
WHEREAS, these State mandates are the root cause of high property taxes at the County level, and
WHEREAS, the Governor has announced that he intends to call an extraordinary session of the State
Legislature to close a current year State Budget Deficit of at least $2.1 billion, and
WHEREAS, as State policy makers continue to address the looming State budget deficit, it's critical
that they draw a clear distinction between "cuts" in State funding and simple cost shifting that requires
counties to fund a larger share of State mandated services, and
WHEREAS, Counties have no capacity to shoulder more of the State's fiscal burden and in fact, a case
can be made that the current level of funding the State provides is not sustainable for the work the State
expects Counties to perform, and
WHEREAS, as experienced managers who must balance their own budgets, County officials
understand and support the need for spending restraint, especially in difficult times, and
WHEREAS, Counties believe that it is preferable to restructure and eliminate unnecessary and
wasteful spending, than to implement across the board reductions without examining the merits of each
program and service.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature call on the Governor
and State Legislature to reduce State spending without shifting the costs for State programs to County
government, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature believes that by working
together, the State and its Counties can fashion program efficiencies and changes that provide a real, timely,
and mutual fiscal benefit, while minimizing the impact on taxpayers, and
BE IT FURTHER RESOLVED, that the Clerk to the Schuyler County Legislature shall forward copies
of this Resolution to Governor David A. Paterson, the New York State Legislature, NYSAC and all others
deemed necessary and proper.
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Vote: 8-0.
RE: PROCLAMATION ACKNOWLEDGING THE SOUTHERN FINGER LAKES WOMEN’S (SFLW)
NATIONAL BUSINESS WOMEN’S WEEK OCTOBER 19 -23, 2009
WHEREAS, working women constitute 71 million of the nation’s work force and strive to serve their
communities, their states and their nation in professional, civic and cultural capacities, and
WHEREAS, women-owned businesses account for 30% percent of all U.S. business, generating $1.9
trillion in sales and employing 9.2 million people, and
WHEREAS, the major goal of Southern Finger Lakes Women, a Chapter of New York State Women,
Inc. is to promote equality for all women and to help create better conditions for working women through the
study of social, educational, economic and political problems, all of us are proud of the leadership in these
many fields of endeavor, and
WHEREAS, Southern Finger Lakes Women formerly known as the Watkins Glen Business and
Professional Women, founded in 1940, is proud to be celebrating its 69th year as a Chapter of New York State
Women, Inc. SFLW is a local organization of women helping women.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes October 1923, 2009 as National Business Women’s Week in the County of Schuyler and urge all citizens to join in this
celebration to support the efforts of Southern Finger Lakes Women for pay equity, better child and dependent
care, fair pension laws and equity in insurance, equal opportunity in education and training, and support of the
ERA amendment, and
BE IT FURTHER RESOLVED, that the Clerk to the Legislature forward a certified copy of this
Resolution to Gloria Hutchings, Chairman, Southern Finger Lakes Women Chapter of New York State Women,
Inc.
Vote: 8-0.
NEW BUSINESS: None.
Attorney Coleman discussed the progress being made with the ICT default. Next on the list of creditors
is New York State in the amount of $24,082.02. Legislator Fagan asked if this is specifically for this project.
Attorney Coleman said yes. Attorney Coleman then asked for permission to authorize the payment.
MOTION by Legislator Larison, SECOND by Legislator Fagan. Motion carried eight ayes to zero
noes.
Legislator Bleiler reported that the law regarding an outdoor burning ban is now in affect. This pertains
to trash, leaves, branches, etc. There is an exemption for farmers.
Legislator Marcellus wanted to publically thank Legislator Bleiler for his commitment to the Legislature
and his years of service.
Legislator Fagan reported that the treatment on both Waneta and Lamoka Lakes has been very
successful. The final report will be finished and sent to DEC. The plan shows that the milfoil has been
eradicated in both lakes. There is a good level of satisfaction from the residents on both lakes.
COUNTY ADMINISTRATOR’S REPORT: Nothing new to report.
Mr. Phil Yaw, a Watkins Glen resident came to speak about pool safety. Having recently lost his
daughter in a tragic pool accident, he would like to see some stricter pool regulations put in place. Some
examples would be, possibly having to be CPR certified to purchase a pool with no grandfather laws. Maybe
placing motion sensors on the pools and requiring that Code enforcers enforce the codes. He does not want
another family to experience what he and his family have gone through. He would like to see changes made.
Legislator Bleiler said he sympathizes with him and referred him to the Public Safety Committee. He is in
support of community education. Mr. Yaw said he does know that some towns have clamped down, however it
would be nice if all of them do. Chairman Gifford stated that the Legislature is aware of his situation and can
sympathize with him. He thanked him for speaking.
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SPECIAL MEETING
OCTOBER 21, 2009
The October 21, 2009 Special Meeting of the Schuyler County Legislature was called to order at 9:00
a.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison followed by a moment of
Silence. All Legislators were present except Dennis Fagan who was absent. County Administrator O’Hearn
was also present. County Attorney James Coleman was excused.
1.
ACCEPT/REJECT 2009 TAX AUCTION BIDS
2.
SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2010
Vote: 7-0.
RE: ACCEPT/REJECT 2009 TAX AUCTION BIDS
WHEREAS, the Schuyler County Treasurer is now holding tax deeds on certain properties which are
three or more years delinquent in tax payments, and
WHEREAS, the Schuyler County Legislature had contracted for the auction sale of these properties and
such sale was conducted on October 17, 2009.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts the following bids
to wit:
BIDDER’S NAME:
Douglas Carlson
BIDDER’ ADDRESS:
1681 Swan Hill Rd., Alpine, NY
AMOUNT OF BID:
$600.00
FORMER OWNER:
Rita R. Cattell
TAX MAP #:
99.-1-4
LOCATION:
Swan Hill Rd., Alpine
BIDDER’S NAME:
Gregory Cooper
BIDDER’ ADDRESS:
5861 State Route 224, Alpine, NY
AMOUNT OF BID:
$100.00
FORMER OWNER:
Gregory & Andrea Gilbert
TAX MAP #:
99.14-1-38
LOCATION:
Oak Hill Road
BIDDER’S NAME:
John T. Senka & Jeffery R. Senka
BIDDER’ ADDRESS:
4615 State Route 224, Montour Falls, NY
AMOUNT OF BID:
$35,000.00
FORMER OWNER:
Rosalie Kimbell
TAX MAP #:
98.-1-31
LOCATION:
5100 County Road 14, Odessa, NY
BIDDER’S NAME:
Brian S. & Mary Ellen Croft
BIDDER’ ADDRESS:
2465 Jennings Road, Watkins Glen, NY
AMOUNT OF BID:
$2,500.00
FORMER OWNER:
NRLL East LLC
TAX MAP #:
42.-1-73
LOCATION:
Jennings Road, Watkins Glen, NY
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BIDDER’S NAME:
William A. Shebel
BIDDER’ ADDRESS:
4136 Sate Route 226, Dundee, NY
AMOUNT OF BID:
$5000.00
FORMER OWNER:
Susan Amorette Pizutti
TAX MAP #:
29.-1-29.12
LOCATION:
State Route 226, Tyrone, NY
BIDDER’S NAME:
Joy E. Goodsell
BIDDER’ ADDRESS:
74 W. Lamoka Ave., Savona, NY
AMOUNT OF BID:
$7,600.00
FORMER OWNER:
Louis Santorello Estate c/o Rose Martenson
TAX MAP #:
40.-1-31
LOCATION:
Beach Road, Watkins Glen, NY
BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds
and documents pertinent to such conveyance within thirty days of this authorization, and
BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to
execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver and
record such deeds and attending documents upon full payment of the bid purchase price balance to the County
of Schuyler.
Vote: 7-0.
RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2010
WHEREAS, a public hearing in respect to the 2010 County Budget is required pursuant to County Law
Section 359.
NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2010 County Budget
will be held in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY on November 9, 2009 at 6:30
p.m., to be followed by the Regular Meeting of the Legislature, and possible action to adopt the 2010 Budget,
and
BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be
effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County
Legislature, and
BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give
appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and
otherwise comply with the requirements of County Law Section 359.
Vote: 7-0.
Legislator Larison reported that at a Soil and Water Meeting he attended this week, Jerry Verrigni,
Director of the Schuyler County Soil & Water Conservation District, was awarded an Agricultural
Environmental Management (AEM) award for his work with agricultural and the environment.
The Meeting adjourned at 9:07a.m.
PUBLIC HEARING
NOVEMBER 9, 2009
The Public Hearing on the 2010 Tentative Budget was called to order at 6:30 p.m. by Chairman Gifford.
Administrator O’Hearn presented the 2010 Tentative Budget overview to the public and the Legislature.
This is on file in the Legislative Office. At 7:13 p.m. Administrator O’Hearn opened the floor for comment.
Phil Smith, a former Legislator and currently employed as the County’s Veterans Services Director,
asked if the Legislature considered reinstating the 4% tax on clothing. Chairman Gifford said not at this time.
Phil Smith then asked if it was reinstated, would it be enough to eliminate the need to lay off employees.
Administrator O’Hearn said he did not know for sure if that would save all eight positions being considered at
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this point, however it is possible, he would have to review the numbers. It may mean less positions being laid
off. Phil Smith then asked that they please consider reinstating the sales tax on clothing versus any layoffs.
Legislator Bleiler informed Phil that the Management and Finance Committee members did consider the
clothing sales tax along with a lot of variables. The State may come down and mandate this tax in the future.
We really do not know what will happen and if it will generate more revenue or not.
Linda Faulisi said there seems to be a lot of public support for the sales tax on clothing. We are asking
that you table the vote tonight and not adopt the budget. She asked that they continue to have more discussions
going forward and maybe save a couple of jobs. She does not feel that people come to our area for just the 4%
savings. Please table your vote on the Tentative Budget and vote later.
Colleen Wheaton, CSEA Representative, said she represents 46,000 workers throughout twenty counties
including the 150 workers here tonight who are here to show support and preserve their jobs. She is here to
offer a different view of the budget. She feels the Legislature could offer a different drug option to save money.
It is important to point out that a lot of people rely on Government Services. She does not feel they can afford
to lay off workers. These members did not cause the problems we face today and they will not re-open any
contract of give back wages.
Onalee Stamp said she has worked for the Department of Social Services for twenty-one years. She
cares about the County and the people in it. She addressed Administrator O’Hearn, Chairman Gifford and the
Legislators and said when you heard about the Social Services Department layoffs, do you realize that the aid
provided is a valuable service? Their wages and benefits do not come close to the services they provide to the
public. She said transportation needs will not be met, on demand services require a week’s notice and the loss
of services will effect the needy.
Alan Hurley asked how much revenue is being generated by the Industrial Park? Administrator
O’Hearn informed Mr. Hurley that this is a public hearing relative to the 2010 tentative budget, not a debate
regarding the business park.
JoAnn Neil asked what the average salary increase would be for 2010. Administrator O’Hearn said the
negotiated averages are anywhere from 3% to 4% and the step increases ad to this increase.
Taylor Peck said he was a former county employee and he has been through layoffs in the past. He said
the County has a budget with a tax decrease, why are you forgoing the tax on clothing and now talking layoffs?
I could certainly accept and afford to pay 4% more in taxes to save jobs. He feels there seems to be room
without a property tax increase. He urged them to keep working on the budget an not layoff people. Let the
tourists pay the sales tax on clothing. This is a revenue out there you are not using.
Michelle Banick asked if New York State mandates the number of employees in the Department of
Social Services. Administrator O’Hearn said no, they do not. She then asked what programs will be in place to
help with the added stress and relaxation for the employee that will be left?
Sue Brill feels that layoffs should be the last resort to close the gap. This is not the only option left.
Sales tax should be considered. The most impacted in the County will be the members that use the services.
Kelly Hall said the jobs in Social Services are thankless jobs. She feels they will be increasing the stress
levels to the existing employees and they should not get rid of people. She also feels it will cause more burn
out and feeling of worthlessness.
Steve Crout said he is a Hector resident and with all of the capital improvements going on, are there
contracts involved? Attorney Coleman said yes, absolutely. Steve then asked if the County honored those
contracts. Chairman Gifford said yes, of course. Steve then said you would not tell them halfway through the
contract that you are not going to pay them the contract rates, so why would you do that to your own union
members.
Kristen Source said she is a Mental Health worker and with just the work that she has done, there are a
large amount of ill and sick people out there. In addition, it is a very emotionally task as it is. She is asking that
they not layoff her co-workers.
Arnie Bagchi said he can certainly appreciate the position the Legislature is in and the employees do
what they do not only because you pay us to do it, but we do it because it is the right thing to do. He knows the
Legislature has until December 20th to adopt this budget. He feels they should take more time and re-evaluate
it. He does not want to see reductions in the work force.
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Bridget Finley said she works in the Department of Motor Vehicles and we already know that 2010 is
going to be a tough year. You have projected that 2011 will be worse. What she wants to know is when will
laying off employees be enough. Is this always going to be your resolution to solve the budget shortfall?
Tammy Brown said our employees provide valuable services and layoffs will not help. She is asking
that they look at adding the sales tax to clothing. She then provided the Clerk of the Legislature with a number
of petitions supporting no layoffs.
Shannon Slater said she emailed the Legislators and Administrator O’Hearn and thanked those who
responded. She will echo what Onalee said earlier. We do referrals to many agencies. We are working 110%
of the time for our community. This will not continue and you need to know that we service people. She feels
the sales tax on clothing should be added versus loosing jobs.
John Q. Smith said he and his wife have between them eleven years of college education yet he is here
to tell you that without the help from Social Services, he does not know what they would have done without the
help from the Human Services Department that you built this building for. We all pay taxes. Think in terms of
the tourist. Let them pay tax on that antique desk. So what if they pay more for it. They can afford it.
Legislator Marcellus said the tourists are their main thrust. We have a booming downtown. He does not
want to see that change. Sales tax is up. He is more in touch with the concerns and would like to find an
alternative. For years there has been steady advertising about no sales tax on clothing. If only a tiny percentage
stop coming because of this, it could impact us.
Lisa Hanley said she works in Social Services and emailed Administrator O’Hearn letting him know that
she has never been so over whelmed with cases. Some of these cases do not get counted in the statistics
because they are referred to other agencies. Seriously, she has looked at other Counties and she feels they need
to meet the needs of our community rather it is adding sales tax on clothing or something else. The people
deserve to have their needs met. The emergencies come in day after day after day. They just keep coming. We
have business owners here. They will pay it. Most of the tourists come for the wineries and the races and do not
even know about the sales tax on clothing. They come because of what we offer not because we do not charge
sales tax on clothing.
John Q. Smith said he would hate to see this revolve around sales tax.
Gina Brown said with all of the money spent on buses, buildings, etc., the tax rate went down and the
levy went up. Please vote no on the budget tonight.
Alan Hurley said he feels there needs to be a balance between private and public. We need to create
jobs and industry. I know that SCOPED has an interested party in the Industrial Park. We need jobs, let’s not
take them away.
Jill Wicker said the County seems to pay for a lot of services or surveys that we should be doing our
selves to save the money. The County just hired a provider to check our health insurance to make sure we are
not paying for someone we should not be as a dependent.
Lisa Hanley said Mr. Hurley brought up SCOPED. The County contributes a lot of money to them.
Could you take some of that funding and put it towards the budget instead?
JoAnn Tuttle said she has only worked here for about a year. She left the ARC of Schuyler to come
here. The biggest thing that has been forgotten is we are talking about numbers and not people. She feels they
all need to support our children and families. Money comes and goes family does not.
Arnie Bagchi said he does not understand the budget but feels that the sales tax is easy to quantify.
Let’s face it, we struggle as it is now working with clients. He then gave an example of how our services work
well.
Pam LaVigne asked how she could help balance the County budget when she cannot balance her own.
Without her raise in 2010, who is going to pay my bills?
Chairman Gifford thanked everyone for attending and speaking. The Public Hearing adjourned at 7:59
p.m. and the Regular Meeting was called to order.
REGULAR MEETING
NOVEMBER 9, 2009
135
The November 9, 2009 Regular Meeting of the Schuyler County Legislature was called to order at 8:00
p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Yuhasz followed by a moment of
Silence. All Legislators were present except Legislator Field who was absent. County Administrator O’Hearn
and County Attorney James Coleman were also present.
Vickie Schavan said she is employed at the Post Office in Horseheads and presented a Resolution to the
Legislature and asked that they pass one just like it on their behalf. This Resolution is in support of not
consolidating the Postal Services as publicized in the news. The Clerk advised that it would be passed through
the appropriate standing committee of the Legislature for consideration.
RE: APPROVE MINUTES OF THE OCTOBER 13, 2009 REGULAR MEETING AND THE OCTOBER
21, 2009 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the October13, 2009 Regular Meeting and the October 21, 2009
Special Meeting of the Schuyler County Legislature be approved.
Vote: 7-0.
RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF FUNDS FOR 2009/2010 OPERATION
IMPACT GRANT - DISTRICT ATTORNEY
WHEREAS, NYS Division of Criminal Justice Services has grant funding available for the purpose of
assisting the Schuyler County District Attorney’s Office in reducing target crimes in the County, and
WHEREAS, this Grant is estimated to be in the amount of $40,000 with a 20% County match (cash or
in kind).
District Attorney to submit a grant application for 2009/2010 Operation Impact Grant, and
Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds,
estimated to be $40,000 with a 20% County match (cash or in kind), said documents subject to approval of the
Vote: 7-0.
RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2009/2010 NYS AID TO PROSECUTION
GRANT- DISTRICT ATTORNEY
WHEREAS, NYS Division of Criminal Justice Services has grant funding available through an Aid to
Prosecution Grant for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting
felony offenses, and
WHEREAS, this Grant is estimated to be in the amount of $35,300.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County
District Attorney to submit a grant application for 2009/2010 NYS Aid to Prosecution Grant.
estimated to be $35,300, said documents subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: APPOINTMENT TO THE FINGER LAKES TOURISM ALLIANCE BOARD
WHEREAS, Craig Rust, President of Watkins Glen International, has resigned from the Finger Lakes
Tourism Alliance as the Schuyler County Representative, and
WHEREAS, it is the Finger Lakes Tourism Alliance’s recommendation that John Pulos from
Rosemary’s Legacy, be appointed to fill the unexpired term.
BE IT RESOLVED, that John Pulos, be appointed to the Finger Lakes Tourism Alliance as the Schuyler
County Representative for a term effective immediately through December 31, 2009
136
Vote: 7-0.
RESOLUTION NO. 346 Motion by Karius, Second by Yuhasz.
RE: RECOGNIZE DECEMBER 1, 2009 AS WORLD AIDS DAY – PUBLIC HEALTH
WHEREAS, World AIDS Day is about raising money, increasing awareness, fighting prejudice and
improving education, and
WHEREAS, World AIDS Day is important in reminding people that HIV has not gone away and that
there are many things still to be done, and
WHEREAS, according UNAIDS estimates, there are now 33.2 million people living with HIV, including
2.5 million children, and
WHEREAS, around half of all people who become infected with HIV do so before they are 25 and are
killed by AIDS before they are 35, and
WHEREAS, HIV today is a threat to men, women and children on all continents around the world.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes December 1,
2009 as World AIDS Day.
Vote: 7-0.
RE: RECOGNIZE DECEMBER 6–12, 2009 AS NATIONAL HAND WASHING AWARENESS WEEK –
PUBLIC HEALTH
WHEREAS, the spread of flu and infectious diseases can be reduced by appropriate hand washing, and
WHEREAS, direct contamination of mucus membranes (eyes, nose or mouth) is how infectious diseases
enter the body, and
WHEREAS, several simple practices can reduce the contamination and spread of infectious diseases, and
WHEREAS, washing hands when they are dirty and before eating, not coughing into hands, not sneezing
into hands and not putting your fingers into eyes, nose or mouth, can reduce the spread of infection.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes December
6–12, 2009 as National Hand Washing Awareness Week.
Vote: 7-0.
RE: RECOGNIZE DECEMBER 6–12, 2009 AS NATIONAL INFLUENZA VACCINATION WEEK –
PUBLIC HEALTH
WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends that getting a yearly flu
vaccine is the first and most important step in protecting against seasonal influenza, and
WHEREAS, there are many different flu viruses, the seasonal flu vaccine protects against the three
seasonal viruses that research suggests will be most common, and
WHEREAS, vaccination is especially important for people at high risk of serious flu complications,
including young children, pregnant women, people with chronic health conditions and people 65 years and older,
and
WHEREAS, everyday preventive actions such as covering your nose and mouth with a tissue when
coughing or sneezing, washing hands often with soap and water, avoiding close contact with sick people and
staying home for at least 24 hours after a fever is gone will help prevent the spread of germs.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes December 6–
12, 2009 as National Influenza Vaccination Week and encourages anyone who has not yet received their flu
vaccination to do so as soon as possible, as it is not too late.
Vote: 7-0.
RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD - COMMUNITY
SERVICES
WHEREAS, there are vacancies on the Mental Health Subcommittee, and
WHEREAS, Dr. Sarra Solomon has expressed interest in serving on the Community Services Board.
137
appointment of Dr. Sarra Solomon to the Community Services Board for the term November 10, 2009 through
December 31, 2011.
Vote: 7-0.
RE: ACCEPT AND ESTABLISH THE BIOTERRORISM/PUBLIC HEALTH EMERGENCY
PREPAREDNESS GRANT – PUBLIC HEALTH
WHEREAS, the Public Health Department has received a grant from Health Research Institute (HRI)
Bioterrorism/Public Health Emergency Preparedness (PHEP) in the amount of $87,688.00, and
WHEREAS, the grant will be for the period August 10, 2009 through August 9, 2010.
sign any and all documents relative to the grant, subject to the approval of the County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the Bioterrorism/
Public Health Emergency Preparedness grant, in cooperation with the Public Health Department.
Vote: 7-0.
RE: ACCEPT AND ESTABLISH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
FOR EARLY INTERVENTION 2009 GRANT – PUBLIC HEALTH
WHEREAS, the Public Health Department has received a grant from the American Recovery and
Reinvestment Act (ARRA) for Early Intervention of 2009 with NYS Department of Health in the amount of
$17,468.00, and
WHEREAS, the grant will be for the period August 1, 2009 through September 30, 2011.
sign any and all documents relative to the grant, subject to the approval of the County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the American Recovery
and Reinvestment Act (ARRA) for Early Intervention of 2009 with NYS Department of Health grant, in
cooperation with the Public Health Department.
Vote: 7-0.
RE: AUTHORIZE AMENDING THE 2009 BUDGET FOR THE EARLY INTERVENTION PROGRAM –
PUBLIC HEALTH
WHEREAS, the Early Intervention program has an increase in the number of children expected to require
services, and
WHEREAS, there will be an increase in revenue.
amend the 2009 Early Intervention budget, as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$35,000
4054.490
Contractual Expenses
+$35,000
4054.1621
Revenue
Vote: 7-0.
RE: AUTHORIZE 2010 CONTRACT RENEWAL WITH ANNE HEIST, REGISTERED DIETICIAN FOR
NUTRITION RELATED SERVICES – OFFICE FOR THE AGING
WHEREAS, the Schuyler County Office for the Aging, as part of its mission, provides nutrition services
to Schuyler County residents age 60 and over, and
WHEREAS, the nutrition services program is required under 90-PI-26, to employ the services of a
registered or registration eligible dietician to perform nutrition related responsibilities a minimum of 12 hours
per week for SNAP and Title III-C services, and
WHEREAS, the registered dietician is to certify menus, approve any deviation from the menu, approve
therapeutic and modified diets, provide nutrition education and nutrition counseling, evaluate participant’s
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nutritional needs and develop an appropriate care plan and have oversight of the implementation of the care
plan among other duties, and
WHEREAS, the agreed upon hourly rate for 2010 will be $18.00 per hour not to exceed 624 hours for a
total of $11,232 plus mileage at the County rate for home visits, home delivered meal monitoring and
congregate site visits, and
WHEREAS, funding is available under CSE, SNAP, Title III C-1 and III C-2, to meet this request along
with the required local match.
sign any and all contracts and agreements with Anne Heist, Registered Dietician, to provide nutrition related
services to Schuyler County residents age 60 and over through the budget account no. 6772.0490 for the term of
January 1, 2010 through December 31, 2010, said contract subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: APPROVAL OF THE 2010-11 ANNUAL IMPLEMENTATION PLAN- OFFICE FOR THE AGING
WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler
County, and
WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan, which
includes plans for programs operated by the Office for the Aging, as follows:
Title IIIB of the Older American’s Act
Titles IIIC1 and IIIC2 of the Older American’s Act
Title IIID of the Older American’s Act
Title IIIE of the Older American’s Act
Expanded In-Home Services for the Elderly Program (EISEP)
Community Services for the Elderly Program (CSE)
Congregate Services Initiative Program (CSI)
Supplemental Nutrition Assistance Program (SNAP)
The Weatherization Referral & Packaging Program (WRAP)
Health Insurance Information, Counseling and Assistance Program (HIICAP)
Medicare Improvements for Patients and Providers Act (MIPPA)
Transportation
New York Connects, and
WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan
no later than December 4, 2009, and
WHEREAS, the Public Hearing on the Annual Implementation Plan was held, as required, on October
8, 2009 at 9:30 AM at the Human Services Complex, Room 120 with , and
WHEREAS, no Federal and/or New York State funding will be available until the Plan has been
approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be
hereby authorized to sign the Plan and funding application necessary to carry out the services provided by the
Schuyler County Office for the Aging for the term of January 1, 2010 through December 31, 2010, said Plan
and funding application subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. 355 Motion by Yuhasz, Second by Larison.
RE: AUTHORIZE TRANSPORTATION AGREEMENT WITH THE SCHUYLER COUNTY CHAPTER
NYSARC, INC. – OFFICE FOR THE AGING
WHEREAS, the Schuyler County Office for the Aging, as part of its mission, provides transportation
services to Schuyler County residents age 60 and over, and
WHEREAS, the Schuyler County Office for the Aging is in need of occasional assistance with
transportation needs, and
WHEREAS, the Schuyler County Chapter NYSARC, Inc. (referred to as the Arc) provides
transportation services, and
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WHEREAS, the Arc can accommodate wheelchair transportation requests as well as hospital discharges
for clients through the Office for the Aging, and
WHEREAS, the Arc is requesting an increase in hourly and waiting fees by $1.50 per hour for 2010 to
$46.50 per hour active transportation time and $20.00 per hour for wait time, and
WHEREAS, program funds are available to address such needs.
sign any and all contracts and agreements with the Schuyler County Chapter NYSARC, Inc. to provide the
transportation needs identified by the Schuyler County Office for the Aging for the term of January 1, 2010
through December 31, 2010, said contract subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: ACCEPT/REJECT QUOTES FOR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS
AND GROUNDS
WHEREAS, quotes were received and opened October, 15, 2009 for Fire Alarm Testing and
Maintenance for January 1, 2010 to December 31, 2010.
Building Maintenance Supervisor’s recommendation of the low quote from, CPE Communications & Security,
Inc. d/b/a: InterLink, 357 East 5th Street, Elmira, NY 14901, for the Fire Alarm Testing and Maintenance
contract at the low quote of $3700 for the term of January 1, 2010 to December 31, 2010, and that funding is
available in Buildings and Grounds 2010 budget account no. 1620.400, and
contract with CPE Communications & Security, Inc. d/b/a: InterLink, 357 East 5 th Street, Elmira, NY 14901, at
a cost of $3700, subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: AUTHORIZE CONTRACT RENEWAL WITH DAVIS-ULMER FOR QUARTERLY FIRE
SPRINKLER INSPECTIONS AT THE COURTHOUSE COMPLEX AND HUMAN SERVICES
COMPLEX – BUILDINGS & GROUNDS
WHEREAS, New York State Division of Code Enforcement and Administration Fire Code requires
quarterly inspections of fire sprinkler systems, and
WHEREAS, Davis-Ulmer currently inspects the sprinkler system at the County Courthouse Complex
and Humans Services Complex quarterly, and
WHEREAS, Davis-Ulmer has agreed to enter into contracts for quarterly inspections at the Courthouse
Complex and Human Services Complex for 2010, and
WHEREAS, the increased cost of these services is as follows:
LOCATION
2009 Rate
2010 Rate
County Courthouse Complex
$640.00
$ 740.00
Human Services Complex
$800.00
$ 900.00.
sign contracts with Davis-Ulmer to provide quarterly fire sprinkler inspections for the County Courthouse
Complex and Human Services Complex for the period of January 1, 2010 through December 31, 2010, at a total
cost of $1,640.00, funding available in account no. 1620.400, subject to approval of the Schuyler County
Attorney.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH DAY AUTOMATION SYSTEMS, INC. FOR MAINTENANCE
AND SUPPORT OF SECURITY ALARM SYSTEM – BUILDINGS & GROUNDS
WHEREAS, the County Wide Access Control/Video Surveillance Multiple Site System is currently
being used in four (4) County Buildings, and
WHEREAS, this system requires the services of a trained software engineer, licensed to own and use
headend supervision and programming software, and
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WHEREAS, Day Automation Systems, Inc. has agreed to provide these services.
enter into a contract with Day Automation Systems, Inc. 7931 Rae Boulevard, Victor, NY 14564 for the term of
January 1, 2010 to December 31, 2010 at a cost of $5,565, with funding available in the 2010 budget, account
no. 1620.400, subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: AUTHORIZE CONTRACT RENEWAL WITH CLIMATE CONTROL TECHNOLOGIES, INC. –
BUILDINGS & GROUNDS
WHEREAS, HVAC Building Automation Systems (BAS) are currently being used in four (4) County
Buildings, and
licensed to own and use headend supervision and programming software, and
WHEREAS, Climate Control Technologies, Inc. has agreed to provide these services.
enter into a contract with Climate Control Technologies, Inc., 33 Brookside Avenue, Endwell, NY 13760 for
the term of January 1, 2010 to December 31, 2010 at a cost of $455.00 per month, with funding available in the
2010 budget, account no. 1620.400, subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: ACCEPT/REJECT BIDS FOR MILL CREEK CENTER FLOORING REPLACEMENT & PORTION
OF THE COUNTY COURTHOUSE COMPLEX RENOVATION (ALTERNATE1) – BUILDINGS
AND GROUNDS
WHEREAS, said bids were due and opened on Friday, October 30, 2009, and
WHEREAS, the funding for the Mill Creek Flooring Replacement is available in Health Services
account no. 4310.426, and
WHEREAS, funding for the Alternate 1 is available in Building and Grounds Capital Account for
Courthouse Complex Renovations no. 004.1620.606.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept the
Building Maintenance Supervisor’s recommendation of the low bidder, L&N Interior Systems, Inc., 630
Wildwood Blvd., Williamsport, PA 17701, for the flooring replacement work at the low bid amount of
$5825.00, plus Alternate No.1 in the amount of $2337.00 and
BE IT FURTHER RESOLVED, that the following bid(s) be rejected:
Cutler’s Paint & Carpet Center
33 West William Street
Corning, NY 14830
Twin Tier Paint & Wall Coverings, Inc
1323 College Avenue
Elmira, NY 14901
GP Land & Carpet Corp
5905 Lake Road South
Brockport, NY 14420
contract with L&N Interiors Systems, Inc. at a cost of $8,162.00, subject to approval of the Schuyler County
Attorney.
Vote: 7-0.
RE: ACCEPT/REJECT QUOTES FOR ELEVATOR INSPECTION AND TESTING – BUILDINGS AND
GROUNDS
WHEREAS, quotes were received and opened October, 15, 2009 for Elevator Inspection and Testing for
January 1, 2010 to December 31, 2010, and
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Building Maintenance Supervisor’s recommendation of the low quote from American Loss Prevention Services,
Inc., 303 King Peterson Road, Buffalo, NY 14204, for the Elevator Inspection and Testing contract at the low
quote of $496 for the term of January 1, 2010 to December 31, 2010, and that funding is available in Buildings
and Grounds 2010 budget account no. 1620.400, and
contract with American Loss Prevention Services, Inc., 303 King Peterson Road, Buffalo, NY 14204, at a cost
of $496, subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RESOLUTION NO. WITHDRAWN
RE: AUTHORIZE LEASE AGREEMENT WITH ____________________ - BUILDINGS AND
GROUNDS - WITHDRAWN
WHEREAS, Schuyler County has vacant office space at 105 Ninth Street, Watkins Glen, and
WHEREAS, ___________________ is seeking office space to rent.
sign a three-year contract with ___________________, for use of 1,045 square feet at $12.00 per square foot
annually, at 105 Ninth Street, Watkins Glen, subject to the approval of the Schuyler County Attorney.
RESOLUTION NO. WITHDRAWN
RE: AUTHORIZE ONGOING CONTRACT WITH ___________________________________ FOR
PHONE SERVICE – BUILDINGS AND GROUNDS -WITHDRAWN
BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an
ongoing contract with the ________________________________ for telephone service in the County
Courthouse Complex at a cost to include a monthly line charge to be determined per Resolution 530-94, plus
15% administrative cost per line, with call costs to be billed at cost, subject to approval of the Schuyler County
Attorney.
RE: A RESOLUTION AMENDING THE SALES AND USE TAX OF THE COUNTY OF SCHUYLER
AND STATE OF NEW YORK
BE IT RESOLVED, by the Schuyler County Legislature, as follows:
Section 1. Subdivision (a) and the opening paragraph of subdivision (b) of Section 14 entitled “Disposition of
Revenues” of Resolution No. 140 of 1967, entitled “Schuyler County Sales Tax” are amended to read as
follows:
(a)
Sixty-eight percent (68%) of such moneys is hereby set aside for County purposes and shall be
available for any County purpose.
(b)
Thirty-two percent (32%) of such moneys shall be allocated quarterly to the Towns in the County
of Schuyler, and the portion allocated to a town shall be apportioned between the town and any
village in the town, as follows:
Section 2. Paragraph (iv) of subdivision (b) of Section 14 entitled “Disposition of Revenues” of Resolution No.
140 of 1967, entitled “Schuyler County Sales Tax” is REPEALED.
Section 3. Subdivision (c) of Section 14 entitled “Disposition of Revenues” of Resolution No. 140 of 1967,
entitled “Schuyler County Sales Tax” is REPEALED and a new subdivision (c) is added to such section 14 to
read as follows:
(c) As used in this section the following terms shall mean or include:
(1) Net collections. The moneys collected from the taxes imposed by this resolution, after
deducting therefrom expenses of administration and collection and amounts refunded or to be
refunded.
(2) General Town taxes. Taxes levied for any town purpose, including highways, upon the entire
area of a town.
(3) Full valuation of real property. The assessed valuation of real property divided by the
equalization rate as determined in accordance with article eight of the New York State Real
Property Tax Law.
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(4) Part-town activities. Activities of town government, including highway programs, which are
chargeable to the area of the town outside of villages, exclusive of special district purposes,
unless such special district is a fire protection district coterminous with the area of a town outside
of villages.
Section 3. This Resolution shall take effect January 1, 2011.
Vote: 7-0.
RE: RESOLUTION ESTABLISHING SALES AND USE TAX DISTRIBUTION FORMULA
WHEREAS, in an effort to support and promote economic development and planning, the Schuyler
County Legislature wishes to amend the sales tax distribution procedure in Schuyler County, and
WHEREAS, the Legislature, in consideration of a recommendation by the Schuyler County Council of
Governments, agrees to change the distribution procedure to allocate up to 4% of the gross sales tax received by
the County to be dedicated to funding the County designated economic development agency and the County
planning function, and
WHEREAS, the remaining sales tax collected will be distributed utilizing the existing formula as
specified in Section 14 of said resolution, and
WHEREAS, the determination of funding levels will be done annually by the Legislature with input
from the Council of Governments upon review of performance measures and outcomes of the County’s
designated economic development agency and planning department. Said recommendation will be submitted to
the full Legislature for review and consideration in determining the actual percentage for the following year
pursuant to the terms and conditions outlined above.
NOW, THEREFORE, BE IT RESOLVED, that effective January 1st, 2011 the Schuyler County
Legislature will allocate up to 4% of the County’s share of sales tax proceeds for the purpose of funding
economic development and planning.
Vote: 7-0.
RESOLUTION NO. 364 Motion by Fagan, Second by Yuhasz.
RE: AUTHORIZE RESCINDING RESOLUTION NO. 329-09 TITLED “AUTHORIZE A LEASE
AGREEMENT WITH EASTERN COPIER FOR A COPIER AT THE SHARED PUBLIC WORKS
FACILITY – HIGHWAY DEPARTMENT”
WHEREAS, Eastern Copy Products has acquired two very good copiers returned from a lease, and
WHEREAS, the Purchasing Department has recommended that the Highway Department purchase one
of these units versus proceeding with the lease agreement and recommends that the Legislature Rescind
Resolution No. 329-09.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 329-09 is hereby rescinded.
Vote: 7-0.
RE: SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING
OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT
BE IT RESOLVED, that the Public Hearing on the Assessment Roll for the year 2009, for the budget
year of 2010, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 14th day
of December, 2009 at 6:45 P.M. in the Legislative Chambers, 105 9th Street, Watkins Glen, NY and the Clerk of
the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section
270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a
certified copy of this resolution to Christine Kane, Clerk, Steuben County Legislature, the Director of Schuyler
County Real Property Tax Service Agency and the Schuyler County Treasurer.
Vote: 7-0.
RE: RESOLUTION TO DENY APPLICATION FOR CORRECTED TAX ROLL – TOWN OF
CATHARINE – REAL PROPERTY TAX
Section 556 of the Real Property Tax Law (RPTL) for parcel 67.00-1-21.1 owned by Reynolds in the Town of
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Catharine, and
WHEREAS, the property owner alleges that the assessor failed to grant an agricultural building
exemption that should have been applied to the town and county tax bill, and
WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances
of the alleged error and has found that proper application for the exemption was apparently not made, and
WHEREAS, it is the recommendation of the Director and the Management and Finance Committee to
deny the application.
NOW, THEREFORE BE IT RESOLVED, that the application is hereby denied.
DISCUSSION: Legislator Fagan asked Mr. Keith Reynolds if he was here to discuss this Resolution. Mr.
Reynolds said yes he was. He has been trying to get his property taxes straightened out for a long time now.
He had built a barn and the assessor, Randy Deal, did a sneak attack assessment and placed it on the tax roll.
He does not understand why the assessors just don’t come up and talk with property owners instead of the sneak
attack method. He feels he is owed about $7,000.00 worth of credits on his taxes and he is not sure why Bev
Morley cannot simply make the correction in a computer. He is out of work and said if the County would make
a small change in their contract with the contractor’s they are using to build all of these buildings that they hire
local, he would be working again. He has been working with Mr. Tom Bloodgood to get the correction made
with no prevail. He feels his building qualifies as an agricultural building. He just does not understand why it
is not being done. Legislator Fagan asked Mr. Reynolds how long the taxes have been accumulating. Mr.
Reynolds said for about three years now. Legislator Fagan asked him why has waited so long to rectify the
situation. Mr. Reynolds said he has been working with Mr. Bloodgood. Tom Bloodgood, Real Property Tax
Director, said there is no evidence of the application being filed three years ago with the previous assessor. He
spoke with previous assessor, Randy Deal, and he had no recollection of the application either. Legislator
Fagan said the application only takes about fifteen minutes to complete to save taxes over ten years. Why
didn’t you complete another application three years ago? Mr. Reynolds said a couple of weeks ago he was in
the Real Property Tax office, the gentleman there retrieved a phone number for me and wrote it on his blotter. I
called again a few days later and asked for the same phone number and he couldn’t get it for me. He had to call
the Treasurer’s Office to get it. I told him he wrote it on his desk blotter. His reply was you should see my
desk. He is sure that if this was a legislator’s money you all would care. It is just paperwork. With today’s
technology with modern computers it should be very easy to calculate. I’m relying on you to get this fixed.
Legislator Fagan asked Mr. Bloodgood if Mr. Reynolds’s taxes are arrears. Mr. Bloodgood said yes, three years
in arrears. The barn was constructed in 2004. In 2004 he should have applied for the exemption. He should
have noticed that it had not been applied for. Mr. Reynolds said that is why he called Randy Deal. This is
extenuating circumstances. He is asking the Legislature to grant this exemption. Legislator Belier said it is up
to the Legislature now and it will be determined now tonight at this meeting. If a taxpayer feels an exemption is
in order, perhaps completed or even lost, I know if I filed and didn’t receive it, saw that it was added to the tax
base, you can file a grievance. It is still possible, but the steps need to be taken. Mr. Bloodgood said Mr.
Reynolds can go the board for an assessment review. However, he did not do that and that places him between
a rock and hard place. He can find no record the application was submitted, the statue defines the process. His
recommendation is that application be denied. Mr. Reynolds said he is also not sure how he wound up with
four separate parcels. Legislator Fagan explained that if you hired Weiler Surveyors they would have filed this
with the County Clerk on your behalf and the Clerk then acts on it.
Vote: 6-1. No: Larison.
RE: ACKNOWLEDGE APPOINTMENT OF SCHUYLER COUNTY ELECTION INSPECTORS –
BOARD OF ELECTIONS
of Election Commissioners have made a recommendation of 7 individuals to be appointed as Election
Inspectors.
the appointment of Gitanjali Devi, Carlene Swick and Joseph T. Orbin as Schuyler County Democratic Election
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Inspectors, and Mae Harrison, Carol A. Kellogg and Eleanor Joyce Soule and Jamee Mack as Schuyler County
Republican Inspectors for a one year term commencing November 9, 2009 through July 14, 2010.
Vote: 7-0.
RE: AUTHORIZE PURCHASE OF ITEMS REQUIRED TO MOVE DEPARTMENTS INTO SHARED
PUBLIC WORKS FACILITY – BUILDINGS & GROUNDS
WHEREAS, the Shared Public Works Facility building is almost complete, and
WHEREAS, window treatments, furniture and other items are required to complete the capital project
before moving Departments into the new facility, and
WHEREAS, all purchases will be made in accordance with the Schuyler County Purchasing Policy.
Building Maintenance Supervisor the authority to purchase these needed items, in consultation with the County
Administrator, and
BE IT FURTHER RESOLVED, that no purchases will be made in excess of the project contingency
budget, and
BE IT FURTHER RESOLVED, that the funding for these purchases is available in the 004.1620.211
Capital Account contingency.
Vote: 7-0.
RE: RESOLUTION STATING THAT ALL ELECTED OFFICIALS ON THE PAYROLL SHALL FORGO
THEIR 2010 PAY RAISE
WHEREAS, the Legislators, County Clerk, Treasurer, Sheriff and District Attorney all have volunteered
to forgo their salary increase for the year 2010 to assist the County with its difficult budget cuts.
NOW, THEREFORE, BE IT RESOLVED, all of the above named Elected Officials on the payroll will
remain at their current 2009 salary for the year 2010.
Vote: 7-0.
RE: AUTHORIZE
RESCINDING
RESOLUTION
NO.
258-09
TITLED
“AMEND
MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY
RANGES”
WHEREAS, all management, non-union employees have voluntarily forfeited any salary increase for
2010 due to budget constraints, thus necessitating the COLA increase for the Management/Confidential salary
ranges for the 2010 budget year to be rescinded.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 258-09 is hereby rescinded.
Vote: 7-0.
RE: AUTHORIZE CONTRACT WITH AULT INTERNATIONAL MEDICAL MANAGEMENT (AIMM)
FOR CASE MANAGEMENT SERVICES – HUMAN RESOURCES
WHEREAS, the Human Resources Department in collaboration with its health insurance broker has
been exploring options to control health insurance costs for 2010, and
WHEREAS, as part of this effort, it is recommended that the county contract with AIMM for case
management services, to include:
Utilization Management – Pre-cert Plus
Maternity Management
Nurse on Call
Catastrophic Case Management
Light Case Management
Transplant Coordination
Comprehensive Risk Assessment Survey, and
WHEREAS, the potential hard and soft dollars savings from implementation of this program are
significant.
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enter into an agreement with AIMM for Case Management Services for the term January 1, 2010 through
December 31, 2010 at a cost of $5 per employee per month, funding available in the 2010 budget account no.
009.9060.807; subject to the approval of the Schuyler County Attorney.
Vote: 7-0.
RE:
AUTHORIZE CONTRACT WITH LEXIS-NEXIS – PUBLIC DEFENDER
WHEREAS, the Public Defender’s Office is in need of on-line legal research, and
WHEREAS, Lexis-Nexis is offering a two-year contract locking the Public Defender’s Office in at a
rate of $115 per month for the first year and $120 per month for the second year, and
WHEREAS, the Public Defender’s Office is currently paying $121 per month, and as of January 2010
the rate is going up to $133 per month, thus making the two-year lock-in rate a savings to the County of
approximately $400 over two years.
execute a contract with Lexis-Nexis for the Public Defender’s Office for on-line legal research for the term
February 1, 2010 through January 31, 2012, funding available in the 2010 Public Defender budget account no.
1170.407, subject to approval of the Schuyler County Attorney.
Vote: 7-0.
RE: AUTHORIZE APPLICATION FOR 2010 SECTION 5311 ANNUAL OPERATING ASSISTANCE
WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State
Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for new fixed-route and
complementary paratransit service in Schuyler County, and from Schuyler County to and from adjacent
counties for 2010, and
WHEREAS, the County of Schuyler and the State of New York have entered into a continuing
Agreement which authorizes the undertaking of the Project and payment of the Federal Share.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on
behalf of the County of Schuyler to sign the annual grant application and process and complete the above
named project, and
BE IT FURTHER RESOLVED, that the County of Schuyler will be contracting with a third party
subcontractor for the project described above, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts
or agreements between the County of Schuyler and any third party subcontractor necessary to complete the
above named Project, subject to approval by the Schuyler County Attorney.
Vote: 7-0.
RE: DISPOSITION OF CLAIM/AUTHORIZE TRANSFER OF FUNDS – SHERIFF’S DEPARTMENT
WHEREAS, a former employee of the Schuyler County Sheriff’s Department has obtained a favorable
ruling from the State Division of Human Rights regarding her claim of unfair treatment in assignments, and
WHEREAS, the claimant has agreed to settle the matter and preclude further litigation for damages and
attorney fees.
sign the settlement agreement with Amy K. Lucero in the sum of $5,000 to be paid from account no. 1930.400Judgment and Claims, subject to approval by the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the
amount of $1,500 from the Sheriff’s account no. 3150.501-Telephone–Medical Emergency into account no.
1930.400- Judgments and Claims to pay said settlement.
Vote: 7-0.
RE: DISPOSITION OF CLAIM/AUTHORIZE TRANSFER OF FUNDS – SHERIFF’S DEPARTMENT
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WHEREAS, all non-union employees, including management/confidential, elected officials, attorneys,
psychiatrist, etc., have voluntarily waived their 2010 pay increase in an effort to help with budget constraints,
and
WHEREAS, the Legislature, in recognition and appreciation of this offer, will freeze the dollar amount
of these employees’ medical insurance contribution at the 2009 rate.
NOW, THEREFORE, BE IT RESOLVED, that the health insurance rate for all non-union employees
for 2010 shall be as follows:
Medical
Active Non-Union Employees (Mgt)
Individual $501.66 Family $1279.20
Dental
Individual $17.28
Family $60.48
Vision
Individual $5.25
Family $13.65
BE IT FURTHER RESOLVED, that the non-union employee contribution level will remain the same
for 2010.
Vote: 7-0.
RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –
HOSPITAL AND MEDICAL INSURANCE
BE IT RESOLVED, that the Tentative Budget for 2010 be altered and modified by the following:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$151,000
009.9060.1191
Hospital & Medical Reimbursement Revenue
Vote: 7-0.
RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –
LEGISLATIVE OFFICE
BE IT RESOLVED, that the Tentative Budget for 2010 be altered and modified by the following:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$800
1010.459
Staff Training
Vote: 7-0.
RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, REPEALING AN
EXEMPTION FROM SALES AND COMPENSATING USE TAXES FOR RECEIPTS FROM
RETAIL SALES OF, AND CONSIDERATION GIVEN OR CONTRACTED TO BE GIVEN FOR,
CERTAIN CLOTHING AND FOOTWEAR, PURSUANT TO THE AUTHORITY OF ARTICLE 29
OF THE TAX LAW OF THE STATE OF NEW YORK. - FAILED
Be it enacted by the Legislature of the County of Schuyler , as follows:
SECTION 1. Subdivision (k) of section six of Resolution No. 140, of November 27, 1967, as amended, is
hereby REPEALED.
SECTION 2. This resolution shall take effect March 1, 2010 and shall apply in accordance with applicable
transitional provisions of the New York Tax Law.
DISCUSSION: Legislator Bleiler called for the point of order. He said the agenda should have been changed,
but he’ll be quiet. Legislator Larison asked if adding the sales tax back on clothing would make a difference in
the number of lay off’s. Legislator Fagan said their salaries and local share does vary per position. The
numbers where discussed. Administrator O’Hearn, said it may restore some, but not all positions. He would
have to revisit the numbers again. It may save four positions, but they have bumping rights. This would simply
move them into different positions. I believe the number to restore all positions would be about $129,000.
Chairman Gifford said the vacancies would remain vacant though. Legislator Fagan said he is looking at this
tax as a way to prevent layoffs, improve moral and improve negotiations going forward. We may have to look
at staff cuts at a later time. Legislator Bleiler said the State Legislature passed the budget last year and went
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back to the table and took an additional 10 % in cuts. He feels they will go back to the table and do that again.
We just don’t know what is going to happen there. The increase in sales tax on clothing may happen anyway,
and we may not have a choice. He feels any funds they raise from the sales tax on clothing will be taken
somewhere else and they will be lucky if it balances out. He feels they should save this for next year’s budget
discussion. He also feels that if the unions had given up their raises as the exempt employees did, it would have
saved money and possibly layoffs. Management did this and it saved the County approximately $100,000. He
knows that they cannot just re-open contracts. They need cuts, and feels everyone should give up something.
Legislator Larison said that if the pension numbers continue to increase and Legislator Belier is correct, they
will need that bumper in 2010 for the 2011 budget. Legislator Fagan said he feels they are wrong in not
enacting this now versus letting the State do it later. How can you expect union concessions without going after
this sales tax? All management employees took a hit. Even all elected officials, such as themselves took a hit
and are not getting raises. The unions need to do the same. Re-enacting the clothing tax may help avoid cuts in
the future. Legislator Marcellus said they finally have a thriving down town area and he does not want anything
to happen to that. That is a rarity. If we are talking only four positions, he would rather see us use the fund
balance to reinstate them. In regards to the union concessions, he feels they could come up with a Health Care
agenda for all local governments and they could see potential saving here and now. Legislator Yuhasz said this
tax is beneficial to the County taxpayer.
Vote: 3-4. Noes: Marcellus, Karius, Bleiler and Larison.
RESOLUTION NO. 379A Motion by Fagan, Second by Bleiler.
RE: MOTION TO TABLE RESOLUTIONS NO. 379, 380 AND 381
BE IT RESOLVED, that Resolutions No. 379, 380 and 381 be tabled and placed on a Special Meeting
of the Legislature agenda tentatively scheduled for December 9, 2009.
Vote: 7-0.
RESOLUTION NO. 379 TABLED
RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2010 -TABLED
WHEREAS, a notice was published in the official newspaper of the County of Schuyler that a Public
Hearing on the Tentative Budget of the County of Schuyler for 2010 would be held at 6:30 P.M. on November
9, 2009, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and
WHEREAS, the above-mentioned Public Hearing was held on November 9, 2009 at said time and place.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2010 as presented by
the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the
Schuyler County Legislature, to raise $
by tax levy, be adopted.
RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED
"2010" - TABLED
WHEREAS, the Schuyler County Legislature by Resolution No.___, dated November 9, 2009, has
adopted a budget for fiscal year 2010.
NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the
column entitled "2010" as amended, be, and the same hereby are, appropriated for the objects and purposes
specified, effective January 1, 2010.
RE: 2010 BUDGET OF $
: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION
TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN - TABLED
BE IT RESOLVED, pursuant to the Real Property Tax Law Section 900, as amended by Chapter 828 of
the Laws of 1985, that this Legislature by December 31, 2009, levy the taxes for the County upon the basis of
the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each
Town to County taxes, and
BE IT FURTHER RESOLVED, that the Chairman issue not later than December 31, 2009 the required
certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler
County.
NEW BUSINESS: None.
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OLD BUSINESS:
Legislator Bleiler stated that Phil Yaw, who lost a daughter in a swimming pool accident was at a past
regular meeting and asked that the Legislature improve our code enforcement regarding swimming pools. Our
Emergency Management Director, Bill Kennedy, has agreed to work with the public regarding swimming pool
safety education. He wanted to also thank Administrator O’Hearn for a job well done with the budget
presentation. He also wanted to personally thank all of the Department Heads for doing a good job. He then
thanked the Management and Confidential employees for their pay freeze to help balance the budget too. He is
glad he is retiring and he wishes this Legislature a lot of luck next year.
Legislator Karius thanked Legislator Bleiler for his years of service. She said he will be missed. She
also thanked Administrator O’Hearn for a job well done this year.
Legislator Yuhasz also thanked Legislator Bleiler and Administrator O’Hearn for their hard work.
Legislator Fagan said he personally would like to thank the Clerk of the Legislature and the
Administrator. It has been the toughest budget process in a long time. The management personnel will feel the
brunt of it over the next year with offering no pay raise for next year. He does not agree with the union’s
position not to re-open their contracts, but a contract is a contract. However, he is upset that it has been all
about the layoffs. What about the twenty-six employees that will have their forty hour work week reduced to
thirty-five hours next year. He did not hear the union speak up regarding that issue tonight. He feels the pain
should be felt by all.
Taylor Peck, a former Community Services employee, said he is glad they are taking the time to get
more information. There are other ideas out there. The Health Insurance industry helps create jobs. He feel
there is room in the budget for adjustments. Legislator Fagan stated that the County is now self funded with its
Health Insurance and they have costs that they have no control over with pensions. He feels they would not
have to do this if everyone gave up something. Colleen Wheaton, CSEA Representative, said she will not reopen the union contract. A contract is a contract.
Legislator Marcellus reported that for those of you that may not know, the Department of Environmenal
Conservation (DEC) has extended the public comment time regarding the gas drilling until December 31, 2009.
SPECIAL MEETING
NOVEMBER 24, 2009
The November 24, 2009 Special Meeting of the Legislature was called to order at 9:00 a.m. by
Chairman Gifford. The Pledge of Allegiance was led by Legislator Fagan followed by a moment of Silence. All
Legislators were present. County Administrator Tim O’Hearn and County Attorney James Coleman were also
present.
Sue Brill wanted to clarify that the notice of this meeting was not in the County’s legal newspaper or on
the electronic Legislative Calendar. The Clerk of the Legislature explained that the meeting was called last
week and the legal newspaper only publishes on Wednesday, which would be tomorrow. It is on the electronic
version and on the public calendar in the hallway which is, by law, the legal public posting requirement. It was
also published in the Daily News on Monday. The electronic Outlook version is just a benefit to County
employees.
Charlotte Dickens, a Social Services employee, said she is concerned about the extra workload with the
pending layoffs.
Jill Wicker, a Social Services employee, asked if the legislators all received the letter from Tammy
Brown given to them today. There is a domino effect if they lose a position in the department. Transportation
will now have to be picked up by caseworkers. She asked if they all considered this ahead of time. Chairman
Gifford said yes they did review all of the factors. Jill said she feels other options should have been pursued
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and they should have spent money differently. Everyone gives a little and cuts a little bit. We will all need
these services as we get older.
1. AUTHORIZE TRANSFER OF FUNDS FOR VAN – SOCIAL SERVICES
2. MOTION TO BRING RESOLUTIONS NO. 379, 380 & 381 OFF THE TABLE FOR A VOTE TO
ADOPT THE 2010 BUDGET
3. LAYOFF CERTAIN POSITIONS – SOCIAL SERVICES
4. LAYOFF CERTAIN POSITIONS – COMMUNITY SERVICES
5. DECREASE WATERSHED INSPECTOR ASSISTANT POSITION FROM A 35 HOUR WORK
WEEK TO A 28 HOUR WORK WEEK - PUBLIC HEALTH
Vote: 8-0.
RE: AUTHORIZE TRANSFER OF FUNDS FOR VAN – SOCIAL SERVICES
WHEREAS, the Schuyler County Department of Social Services needs to replace its Mobile Work Crew
van and has funds available in another account, and
WHEREAS, the price of the van is scheduled to increase after the first of the year.
Amount
Account No. Description
+ $22,000
6010.204
Vehicles
- $22,000
6123.400
Juvenile Delinquency
+ $11,000
6010.4610
Federal – Administration
- $11,000
6123.3623
State Aid – Juvenile Delinquency
Vote: 8-0.
RE: MOTION TO BRING RESOLUTIONS NO. 379, 380 AND 381 OFF THE TABLE FOR A VOTE TO
ADOPT THE 2010 BUDGET
BE IT RESOLVED, that Resolutions No. 379, 380 and 381 be removed from the table for a vote to
adopt the 2010 budget.
Vote: 8-0.
RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2010
WHEREAS, a notice was published in the official newspaper of the County of Schuyler that a Public
Hearing on the Tentative Budget of the County of Schuyler for 2010 would be held at 6:30 P.M. on November
9, 2009, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and
WHEREAS, the above-mentioned Public Hearing was held on November 9, 2009 at said time and place.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2010 as presented by
the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the
Schuyler County Legislature, to raise $9,677,835.00 by tax levy, be adopted.
DISCUSSION: Legislator Fagan said he will be voting no on the budget because of the sales tax issue not
being adopted. He thanked the Administrator and the Clerk of the Legislature for their hard work and efforts
during the budget process. He then read from a statement. “I realize that this sales tax issue has been tied to
layoffs and CSEA’s refusal to re-negotiate their existing contract. I certainly understand the majority’s stance
on layoffs versus the union’s unwillingness to negotiate. I supported this position during the budget process.
However, as that process wound down, we found the Union was intransigent in opening their contract. I reassessed my initial position and felt that increasing revenue on clothing sales tax was preferable to laying off
four workers. I don’t see this as a sign of weakness, but rather one of compassion. As to the rational for
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keeping the sales tax exemption on clothing, two issues resonated with me. First was the concern of what
impact the State’s budget situation may have on the County. If this were truly a concern, we should eliminate
the Sales tax exemption and increase our revenues by $150K and our contingency account by $150k. But since
this action isn’t being contemplated, I believe this concern is basically hollow. The second issue is, not wanting
to raise taxes by eliminating the exemption on clothing sales tax. If we were really concerned with raising
taxes, we should tax the increase in revenue from the clothing sales tax and apply this revenue to further reduce
our tax rate in 2010 such that all taxpayers can benefit as opposed to our current beneficiaries being a few
retailers and those residents who buy clothing in the County.” Legislator Yuhasz said he feels it is morally
irresponsible to lay off employees and not remove the exemption on the clothing tax. Legislator Larison said a
tax is a tax and that would be raising taxes. He feels either tax would affect everyone either way.
Vote: 6-2. Noes: Fagan and Yuhasz.
RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED
"2010"
WHEREAS, the Schuyler County Legislature by Resolution No. 379-09, dated November 24, 2009, has
adopted a budget for fiscal year 2010.
NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the
column entitled "2010" as amended, be, and the same hereby are, appropriated for the objects and purposes
specified, effective January 1, 2010.
RE: 2010 BUDGET OF $45,173,900.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO
COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN
BE IT RESOLVED, pursuant to the Real Property Tax Law Section 900, as amended by Chapter 828 of
the Laws of 1985, that this Legislature by December 31, 2009, levy the taxes for the County upon the basis of
the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each
Town to County taxes, and
BE IT FURTHER RESOLVED, that the Chairman issue not later than December 31, 2009 the required
certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler
County.
RE: LAYOFF CERTAIN POSITIONS – SOCIAL SERVICES
WHEREAS, due to financial restraints this Legislature has found it necessary to eliminate monies from
various .100 (Personnel Accounts) in its 2010 budget, which results in a need to lay off people in various
positions throughout the County.
NOW, THEREFORE, BE IT RESOLVED, that employees in the Social Services Department be laid off
effective December 31, 2009 as follows:
One (1) Keyboard Specialist/Driver
One (1) Senior Social Welfare Examiner
RESOLUTION NO. 386 Motion by Marcellus, Second by Larison.
RE: LAYOFF CERTAIN POSITIONS – COMMUNITY SERVICES – AS AMENDED
various .100 (Personnel Accounts) in its 2010 budget, which results in a need to lay off people in various
positions throughout the County.
NOW, THEREFORE, BE IT RESOLVED, that employees in the Community Services Department be
laid off effective December 31, 2009 as follows:
One (1) Senior Staff Social Worker
One (1) Keyboard Specialist, and
BE IT FURTHER RESOLVED, that one (1) Staff Social Worker in the Community Services be laid off
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effective February 21, 2010.
RE: DECREASE WATERSHED INSPECTOR ASSISTANT POSITION FROM A 35 HOUR WORK
WEEK TO A 28 HOUR WORK WEEK - PUBLIC HEALTH
various .100 (Personnel Accounts) in its 2010 budget, which results in a need to reduce hours and salaries as
well as lay off people in various positions throughout the County.
NOW, THEREFORE, BE IT RESOLVED, that the Public Health Watershed Inspector Assistant hours
be reduced from a 35 hour a week position to a 28 hour per week position effective January 1, 2010.
Vote: 8-0.
Tammy Brown, CSEA Administrative Unit President, said she is disappointed that the Legislature did
not deem her offer to re-negotiate a three or four year contract to assist with issue at hand.
REGULAR MEETING
DECEMBER 14, 2009
The December 14, 2009 Regular Meeting of the Legislature was called to order at 6:30 p.m. by
Chairman Gifford. The Pledge of Allegiance was led by Legislator Marcellus followed by a moment of Silence.
All Legislators were present. County Administrator Tim O’Hearn and County Attorney James Coleman were
also present. Chairman Gifford presented Legislator Bleiler with a certificate of recognition plaque for his
years of service at 6:30 p.m.
PUBLIC PARTICIPATUION: None
6:45 P.M.: PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE YEAR 2009, FOR THE
BUDGET YEAT OF 2010 FOR THE LAMOKA/WANETA LAKES PROTECTION
REHABILITATION DISTRICT. None.
RE: APPROVE MINUTES OF THE NOVEMBER 9, 2009 PUBLIC HEARING ON THE 2010
TENTATIVE BUDGET, THE NOVEMBER 9, 2009 REGULAR MEETING AND THE NOVEMBER
24, 2009 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the November 9, 2009 Public Hearing on the 2010 Tentative Budget,
November 9, 2009 Regular Meeting and the November 24, 2009 Special Meeting of the Schuyler County
Vote: 8-0.
RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2010/2011 NEW YORK STATE VAWA
RECOVERY GRANT - DISTRICT ATTORNEY
for the purpose of assisting the Schuyler County District Attorney’s Office with retaining a designated
prosecutor for violence against women, train law enforcement and identify and correct issues in our County
regarding prosecution of violent crimes against woman, and
WHEREAS, this Grant is estimated to be in the amount of $50,000 with no County match.
District Attorney to submit a grant application for 2010/2011 NYS VAWA Recovery Grant, and
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estimated to be $50,000 with no County match, said documents subject to approval by the Schuyler County
Attorney.
Vote: 8-0.
RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2009/2010 NEW YORK STATE VAWA
STOP FORMULA GRANT - DISTRICT ATTORNEY
for the purpose of assisting the Schuyler County District Attorney’s Office with retaining a designated
prosecutor for violence against women, and
WHEREAS, this Grant is estimated to be in the amount of $37,855 with no County match.
District Attorney to submit a grant application for 2009/2010 NYS VAWA STOP Formula Award, and
estimated to be $37,855 with no County match, said documents subject to approval by the Schuyler County
Attorney.
Vote: 8-0.
WITHDRAWN
RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF FUNDS FOR 2009/2010 OPERATION
IMPACT TOOLS GRANT - DISTRICT ATTORNEY- WITHDRAWN
WHEREAS, NYS Division of Criminal Justice Services has grant funding available for the purpose of
assisting the Schuyler County District Attorney’s Office in reducing target crimes in the County, and
WHEREAS, this Grant is estimated to be in the amount of $34,064 with a 20% County match
($8,515.00) cash or in kind.
District Attorney to submit a grant application for 2009/2010 Operation Impact Tools Grant, and
Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds
estimated to be $34,064 with a 20% County match ($8,515.00) cash or in kind in the 2010 Budget, said
documents subject to approval of the Schuyler County Attorney.
RE: AUTHORIZE TRANSFER OF FUNDS FOR JAIL PERSONNEL SERVICES – SHERIFF’S OFFICE
WHEREAS, the Schuyler County Sheriff’s Office has nearly expended its budget for the Jail Personnel
Services and Overtime accounts, and
WHEREAS, there are sufficient funds in the Sheriff Personnel Services and overtime accounts to
transfer.
make the following transfers in the Sheriff’s Department 2009 budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$115,000
3150.100
Personnel Services
-$115,000
3110.100
Personnel Services
+$15,000
3150.101
Personnel Services Overtime
-$15,000
3110.101
Personnel Services Overtime
Vote: 8-0.
RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR
2010 AND RELATED CONTRACTS – YOUTH BUREAU
WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Legislature has
approved a Resource Allocation Plan for the year 2010 and recommends approval thereof.
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sign the Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler
County Youth Bureau for the year 2010 within budgeted allocations, subject to approval of the Schuyler County
Attorney, as follows:
Cornell Cooperative Extension
Catholic Charities of the Southern Tier
Community Dispute Resolution Center
Vote: 8-0.
RESOLUTION NO. 393 Motion by Larison, Marcellus.
RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU
WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief
Executive to delegate authority to their County’s Youth Bureau Directors to sign all amendments to their
County’s approved allocation plan, and
WHEREAS, Schuyler County has already given authority to their Youth Bureau Director to sign
amendments to the fullest extent of his/her authority by OCFS standards.
NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize
its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to
the Schuler County approved Resource Allocation Plan after approval from the Schuyler County Youth Board
and with appropriate reporting to the Human Service Committee of the Legislature.
Vote: 8-0.
RE: AUTHORIZE RENEWAL OF AGREEMENT WITH CATHOLIC CHARITIES TO PROVIDE CRISIS
AND PREVENTION WORKERS FOR THE FAMILIES FIRST PERSON IN NEED OF
SUPERVISION (PINS) DIVERSION PROGRAM-YOUTH BUREAU
WHEREAS, there is a need for Crisis And Prevention (CAP) workers in the Families First program to
administer the Persons in Need of Supervision (PINS) Diversion program, and
WHEREAS, the Department of Social Services contracts with the Youth Bureau to oversee the PINS
Diversion program and has funds available through the Flexible Fund for Family Services to pay for the
agreement, and
WHEREAS, the Youth Bureau contracted with Catholic Charities for the two (2) CAP workers in 2009.
sign a renewal agreement with Catholic Charities at a cost not to exceed $107,000 for the term of January 1,
2010 through December 31, 2010, subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE CONTRACT RENEWALS FOR 2010 WITH PROBATION, PUBLIC HEALTH,
MENTAL HEALTH, OFFICE FOR THE AGING AND SOCIAL SERVICES FOR THE FAMILIES
FIRST PROGRAM - YOUTH BUREAU
WHEREAS, the Youth Bureau is the coordinating department of the Families First program, and
WHEREAS, each of the following departments, Social Services, Mental Health, Public Health, and
Probation have money in their respective budgets to support the Families First program for the year 2010.
enter into contract renewals with the following departments for the year 2010, subject to the approval of the
Schuyler County Attorney:
Department of Social Services
Mental Health
Public Health
Probation
Office for the Aging
Vote: 8-0.
154
RE: AUTHORIZE APPOINTMENT TO THE COMMUNITY SERVICES BOARD - COMMUNITY
SERVICES
WHEREAS, there is a vacancy on the Community Services Board, and
WHEREAS, Nan Woodworth-Shaw has expressed interest in serving on the Community Services
Board.
appointment of Nan Woodworth-Shaw to the Community Services Board to complete the term December 15,
2009 through December 31, 2011.
Vote: 8-0.
RE: AUTHORIZE
AGREEMENT
RENEWAL
FOR
WASTEWATER
MANAGEMENT
INTERMUNICIPAL AGREEMENT - PUBLIC HEALTH
WHEREAS, the Watershed Protection Agency wishes to continue the Intermunicipal Agreement to act
as agent of the Town of Orange and the Town of Tyrone, and
WHEREAS, the Watershed Protection Agency will be authorized to receive payment from the
Protection District for the wastewater inspection program, and
WHEREAS, the sum of $15,000 will be paid to the Watershed Protection Agency for the inspection
program for each year.
execute an agreement between Public Health Watershed Protection Agency and the Towns of Orange and
Tyrone, for the provision of wastewater inspections for the period January 1, 2010 through December 31, 2011,
at no local share cost, subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE AGREEMENT BETWEEN THE TOWN OF WAYNE AND THE WATERSHED
PROTECTION AGENCY FOR INSPECTION OF WASTEWATER TREATMENT SYSTEMS –
PUBLIC HEALTH
WHEREAS, the Town of Wayne will provide inspections of onsite wastewater treatment systems pursuant
to their local wastewater management law, and
WHEREAS, the inspections will be conducted by the Town Watershed Inspector within the Lamoka
Waneta Lake Protection district for Schuyler County.
execute an agreement between the Town of Wayne and the Watershed Protection Agency, Public Health for the
inspection of Wastewater Treatment Systems for the term January 1, 2010 through December 31, 2011, in an
amount not to exceed $4,000 each year, funding for 2010 available in the Public Health budget, subject to the
Vote: 8-0.
RE: ACCEPT AND ESTABLISH THE AMERICAN RECOVERY AND REINVESTMENT ACT FOR
IMMUNIZATION (ARRA) OF 2009 GRANT – PUBLIC HEALTH
WHEREAS, the Public Health Department has received a grant from the American Recovery and
Reinvestment Act (ARRA) for 2009 Immunizations with the NYS Department of Health in the amount of
$20,000.00, and
WHEREAS, the grant will be for the period October 1, 2009 through March31, 2011.
sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney, and
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BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the American Recovery and
Reinvestment Act for Immunization (ARRA) of 2009 with NYS Department of Health grant, in cooperation with
the Public Health Department.
Vote: 8-0.
RE: AUTHORIZE TRANSFER OF FUNDS TO REPLENISH COMMUNITY SERVICES BOARD
RESERVE ACCOUNT – COMMUNITY SERVICES
WHEREAS, Resolution 482-98 established a Community Services Board reserve account of $50,000 to
cover expenses related to major projects and repairs at the Mill Creek Center building, and
WHEREAS, this reserve has been utilized for payments of authorized repairs since that time, and
WHEREAS, Resolution 250-09 authorized the transfer of $25,000 from the reserve account to account
4310.426 Maintenance of Equipment to cover anticipated repairs for 2009.
transfer any unspent funds from account 4310.426 back to the reserve account, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer any
remaining available funds from the 2009 Community Services Budget to replenish this reserve up to, but not to
exceed, the authorized amount of $50,000.
Vote: 8-0.
RE: AUTHORIZE CONTRACT RENEWAL WITH CORNELL COOPERATIVE EXTENSION FOR
FOOD STAMP NUTRITION PROGRAM – SOCIAL SERVICES
WHEREAS, the New York State Office of Temporary and Disability Assistance by letter dated October
13, 2009 notified the Department of Social Services of the approval of Cornell Cooperative Extension’s Food
Stamp Nutrition Plan (FSNEP) program in the amount of $155,776 ($77,888 non-federal funds and $77,888
federal funds) with Cornell Cooperative Extension matching local share at no cost to the County for the period
October 1, 2009 through September 30, 2010.
execute a contract with Cornell Cooperative Extension for the New York State’s Food Stamp Nutrition
Education Plan for the period October 1, 2009 through September 30, 2010, funding available in the
Department of Social Services account no. 6010.566, subject to the approval by the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN –
CHANGE GRADE OF DIRECTOR OF WEIGHTS AND MEASURES A / AUTHORIZE INCREASE
IN HOURS OF POSITION TO 35 HOURS PER WEEK
WHEREAS, the Director of Weights and Measures A will assume additional shared services
responsibilities with Chemung County as of January 1, 2010, and
WHEREAS, these additional job responsibilities need to be appropriately considered in the grade level
placement and salary of the Director of Weights and Measures A, and
WHEREAS, the County Administrator and the Human Resources Director have completed the
following factor rating for the position of Director of Weights and Measures A:
I
Accountability
90
II
Complexity of Duties
30
III
Experience/Knowledge
34
IV
External Contacts
30
V
Independent Judgment
25
VI
Internal Contact
30
VII
Impact on Programs/Adm
75
VIII Interpersonal Skills
40
IX
Supervision/Leadership
25
156
TOTAL
379 = Grade D, plus given one grade level credit for
additional responsibilities with Chemung County for a final grade level of E, and
WHEREAS, these additional job responsibilities requires the hours for the position to be increased to
full-time, 35 hours per week.
NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended
to reflect the change of the Director of Weights and Measures A with the above factor rating in salary grade E,
effective January 1, 2010, and
BE IT FURTHER RESOLVED, that this Legislature hereby authorizes and sets the 2010 annual salary
of Clifford Boyce, Director of Weights and Measures A at $43,000, said position to become full-time, 35 hours
per week, effective January 1, 2010, with funding already present in the department’s 2010 budget.
Vote: 8-0.
RE: AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH CHEMUNG COUNTY FOR SHARED
SERVICES – WEIGHTS & MEASURES
WHEREAS, Chemung County is in need of technical services in their Weights and Measures
Department, and,
WHEREAS, Schuyler County Weights and Measures Director works 15 hours per week, and is willing
to provide Chemung County with the necessary services.
enter into an Intermunicipal agreement with Chemung County for weights and measures technical services for
the period commencing January 1, 2010 through December 31, 2012; Chemung County to pay Schuyler County
$35,000 for the year 2010 for said services, and to include any other negotiated benefits, i.e. vehicle, cell phone,
etc.; agreement subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE CONTRACT WITH CLIMATE CONTROL TECHNOLOGIES, INC. – BUILDINGS &
GROUNDS
WHEREAS, the HVAC System at Mill Creek Center is in need of an upgraded control unit, and
licensed to own and use headend supervision and programming software, and
WHEREAS, Climate Control Technologies, Inc. has agreed to provide these services.
sign a contract with Climate Control Technologies, Inc., 33 Brookside Avenue, Endwell, NY 13760 for a cost
not to exceed $7,300 for this repair, if funding is available in the Community Services Board Reserve account
no. 4310.426, if not funding is available in the 2009 budget, account no. 1620.490, subject to approval of the
Vote: 8-0.
RE: AUTHORIZE LEASE AGREEMENT WITH SCHUYLER COUNTY WATERSHED - BUILDINGS
AND GROUNDS
WHEREAS, the Schuyler County Watershed Department will occupy the following space at the new
Shared Public Works Facility, 910 South Decatur Street, Watkins Glen, and
Lease Amount
Square Feet
for 2010
Watershed
1,561
$1,679.54
WHEREAS, this contract will begin on January 1, 2010 and continue through the duration of the debt
service.
enter into a contract with Schuyler County Watershed for use of 1,561 square feet at a total cost of One
Thousand Six Hundred Seventy Nine and 54/100 dollars ($1,679.54) for 2010, subject to the approval of the
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BE IT FURTHER RESOLVED, that each subsequent year the lease payment shall be set and calculated
by the percentage of square feet times the debt service.
Vote: 8-0.
RE: AUTHORIZE LEASE AGREEMENT WITH SCHUYLER COUNTY WEIGHTS & MEASURES BUILDINGS AND GROUNDS
WHEREAS, the Schuyler County Weights & Measures Department will occupy the following space at
the new Shared Public Works Facility, 910 South Decatur Street, Watkins Glen, and
Lease Amount
Square Feet
for 2010
Weights & Measures
211
$227.80
service.
enter into a contract with Schuyler County Weights & Measures for use of 211 square feet at a total cost of
Two Hundred Twenty Seven and 80/100 dollars ($227.80) for 2010, subject to the approval of the Schuyler
County Attorney.
Vote: 8-0.
RE: AUTHORIZE LEASE AGREEMENT WITH THE VILLAGE OF WATKINS GLEN - BUILDINGS
AND GROUNDS
WHEREAS, the Village of Watkins Glen will occupy the following space at the new Shared Public
Works Facility, 910 South Decatur Street, Watkins Glen, and
Lease Amount
Square Feet
for 2010
Village of Watkins Glen
8,879
$9,552.11
service.
enter into a contract with the Village of Watkins Glen for use of 8,879 square feet at a total cost of Nine
Thousand Five Hundred Fifty Two and 11/100 dollars ($9,552.11) for 2010, subject to the approval of the
Vote: 8-0.
RE: AUTHORIZE LEASE AGREEMENT WITH SCHUYLER COUNTY HIGHWAY – BUILDINGS
AND GROUNDS
WHEREAS, the Schuyler County Highway Department will occupy the following space at the new
Shared Public Works Facility, 910 South Decatur Street, Watkins Glen, and
Lease Amount
Square Feet
for 2010
Account No.
County Road
702
$752.90
5010.446
County Machinery
21,696
$23,339.75
5130.446
Central Garage
1,097
$1,181.47
1640.446
Total
23,495
$25,274.12
service.
158
enter into a contract with Schuyler County Highway for use of 23,495 square feet at a total cost of Twenty Five
Thousand Two Hundred Seventy Four and 12/100 dollars ($25,274.12) for 2010, subject to the approval of the
Vote: 8-0.
RE: AUTHORIZE ONGOING CONTRACT WITH VILLAGE OF WATKINS GLEN FOR PHONE
SERVICE – BUILDINGS AND GROUNDS
ongoing contract with the Village of Watkins Glen for telephone service in the Schuyler County Shared Public
Works Facility at a cost to include a monthly line charge to be determined per Resolution No. 530-94, plus 15%
administrative cost per line, with call costs to be billed at cost, subject to approval of the County Attorney.
Vote: 8-0.
RE: AUTHORIZE ONGOING CONTRACT WITH SCHUYLER COUNTY SOIL AND WATER
CONSERVATION DISTRICT FOR PHONE SERVICE – BUILDINGS AND GROUNDS
ongoing contract with the Schuyler County Soil and Water Conservation District for telephone service in the
Schuyler County Shared Public Works Facility at a cost to include a monthly line charge to be determined per
Resolution No. 530-94, plus 15% administrative cost per line, with call costs to be billed at cost, subject to
approval of the County Attorney.
Vote: 8-0.
RE: ACCEPT/REJECT HVAC REPAIR/MAINTENANCE BIDS FOR COUNTY HVAC UNITS –
WHEREAS, Resolution No. 324-09 authorized the Building Maintenance Supervisor to provide bid
documents and go out to bid for HVAC Repair and Maintenance support.
Building Maintenance Supervisor’s recommendation of the following bidders for HVAC Repair and
Maintenance for the term of January 1, 2010 through December 31, 2010.
CONTRACTOR
Bouille Electric, Inc.
Climate Control Technologies, Inc.
Collins and Walton, Inc.
Kimble, Inc., and
BE IT FURTHER RESOLVED, that the following bids be rejected.
CONTRACTOR
Hjardemaal’s Engineering Consulting
and Crosby-Brownlie, Inc., and
BE IT FURTHER RESOLVED, that the costs are to be paid from the account no. 1620.490, and
contracts with the above, subject to approval of the Schuyler County Attorney.
Vote: 8-0.
RE: AUTHORIZE RELOCATION CONTRACT FOR THE CAPITAL PROJECT AT THE SHARED
PUBLIC WORKS FACILITY– BUILDINGS & GROUNDS
WHEREAS, the new Schuyler County Shared Public Works Facility is near completion, and
WHEREAS, the Schuyler County Highway Department and Village of Watkins Glen need their radio
equipment relocated to the new facility, and
159
WHEREAS, the Building Maintenance Supervisor has received three (3) quotes to provide this service,
and
WHEREAS, Freeman Communications Co. was the lowest quote.
NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor recommends
using Freeman Communications Co. for the sum of $3,586.05, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an
agreement with Freeman Communications Co., 310-314 Harmon Street, Elmira, NY 14904 to relocate radio
equipment at a total cost of $3,586.05, funding available in capital account no. 004.1620.0211, subject to
DISCUSSION: Legislator Fagan asked if the Village was paying for a portion of this service. Administrator
O’Hearn said yes, it is part of the Capital Project costs.
Vote: 8-0.
RE: AUTHORIZE LEASE AGREEMENT WITH COMMUNITY DISPUTE RESOLUTION CENTER BUILDINGS AND GROUNDS
WHEREAS, Schuyler County has vacant office space at 105 Ninth Street, Watkins Glen, and
WHEREAS, Community Dispute Resolution Center is seeking office space to rent.
sign a one-year contract with Community Dispute Resolution Center for use of Room No. B120 for $2,400
annually at 105 Ninth Street, Watkins Glen, subject to the approval of the Schuyler County Attorney.
Vote: 8-0.
RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2009-2010
WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 (5) of
the Real Property Tax Law, a certified list of unpaid school taxes as of November 30th, which will be assessed
and relevied, and
WHEREAS, pursuant to Section 1330 (4) of the Real Property Tax Law, this Board is required to pay
the various Districts the amount of unpaid school taxes, as certified.
NOW, THEREFORE, BE IT RESOLVED, that said unpaid school taxes for the year 2009-2010, as they
appear on said certified list be, and the same hereby are, approved as of December 14, 2009, and the Real
property named in said certification any items of unpaid taxes therein set forth.
Vote: 8-0.
RE: DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – TREASURER
WHEREAS, various departments have items to be declared surplus or junk.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County
Legislature hereby declares the list of equipment as surplus or junk, and
BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an
auction or disposed of.
Junk Equipment
Asset #
Description
Department
1633
Computer Desk
Civil Service
1657
File Cabinet, 4drw gray locking
Civil Service
1045
HON Chair, pink color
Social Services
??
Blue Chair
Social Services
??
Lexmark X6150
Social Services
5198
Dell Computer CYYF621
Information Technology
5196
Dell Computer 9YYF621
Information Technology
608
(2) Dataquest Rental Rate Books
Highway
1131
Midwest Micro Monitor
Legislature
1478
Dell Computer
Legislature
160
??
Dell Optiplex GX520 plus monitor Legislature
1475
APC, Backup
Legislature
2300
Brown chair on casters
Legislature
2314
Green vinyl chair w/arms
Legislature
2319
Green chair
Legislature
2961
Gateway monitor #15009A343255 Legislature
2985
Gateway computer 00090007419 Legislature
3419
Burgundy Chair w/arms
Legislature
3420
Blue chair w/arms & casters
Legislature
3505
Black chair w/metal arms
Legislature
4429
Dell computer GX1 G7AQP
Legislature
4729
JB Rollfilm cabinet
Legislature, and
Surplus Equipment
Asset#
Description
Department
5991
Painted White Aluminum Truck Cap
Sheriff
5833
Shorelander Boat Trlr
Sheriff
VIN #LMDE20V2STA849892
5791
1996 Crestliner Boat VIN#NOR48435E696 Sheriff
?
2006 Tax Maps
Real Property
2513
Computer Table
Social Services
2313
Desk
Legislature
3506
Chair
Legislature
3939
(9) Brown Chairs
Legislature
4654
Table 8x3
Legislature
Vote: 8-0.
RE: SET DATE - 2009 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the final meeting of the year 2009 for the Schuyler County Legislature be held
on Monday, December 28, 2009, in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice be
published in the official newspaper of the County.
Vote: 8-0.
RE: SET DATE - 2010 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY
LEGISLATURE
BE IT RESOLVED, that the 2010 Organizational Meeting of the Schuyler County Legislature shall be
held on Wednesday, January 6, 2010 in the Legislative Chambers at 9:00 a.m. and that appropriate legal notice
be published in the official newspaper of the County.
Vote: 8-0.
RE: AUTHORIZE ONGOING AGREEMENT WITH THE VILLAGE OF WATKINS GLEN FOR ROAD
RUNNER SERVICE – INFORMATION TECHNOLOGY
WHEREAS, the Village of Watkins Glen is leasing space at the new Shared Public Works Facility, 910
South Decatur Street, Watkins Glen, and
WHEREAS, the Village of Watkins Glen is interested in integrating with the County’s Road Runner
Internet service, and
WHEREAS, the Road Runner service will be provided at a cost of $55 a month, and
WHEREAS, minor maintenance and program changes will be provided at a rate of $46.65 per hour, and
WHEREAS, Internet service charges and maintenance fees shall change as costs increase or decrease,
and
WHEREAS, it is the recommendation of the Director of Information Technology that this agreement be
allowed.
161
enter into an ongoing agreement with the Village of Watkins Glen for use of the County’s Road Runner Internet
access at the above rates; subject to approval by the Schuyler County Attorney.
Vote: 8-0.
RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND
REHABILITATION DISTRICT TAXES DUE JANUARY 2010
Pursuant to Article 5-D of the County Law of the State of New York.
BE IT RESOLVED, that the report of the Lamoka/Waneta Lakes’ District Commission of the several
amounts of taxes due January 2010, levied upon the various parcels of land in the said Lakes’ Protection and
Rehabilitation Districts be received and filed, and the Director of the Schuyler County Real Property Tax
Service Agency is directed to levy the amount upon the various parcels therein mentioned in accordance with
said report, and
BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Director
of Real Property Tax Service Agency; the Lamoka/Waneta Lakes’ Districts Commission, and the Clerk of the
Steuben County Legislature.
Vote: 8-0.
RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2009 FOR THE
LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE
TOWNS OF ORANGE AND TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW
YORK
Pursuant to Sections 270 and 271 of the County Law of the State of New York.
WHEREAS, the assessment roll for the year 2009 for the Lamoka/Waneta Lakes’ Protection and
Rehabilitation District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York
for the budget year 2010 has been completed and properly filed with the Schuyler County Real Property Tax
Service Agency at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New
York, for review and inspection by the public and interested parties, and
WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice
that the Public Hearing on the assessment roll would be held by the County Legislature of the County of
Schuyler in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY on December 14 th at 6:45 P.M. to
hear and consider any objections pertaining to said assessment roll, and
WHEREAS, due and proper proof of the publication of the notice of the aforesaid Public Hearing has
been filed in the Office of the Clerk of the Legislature, and
WHEREAS, the aforesaid Public Hearing was duly held on the 14th day of December, 2009, and any
persons appearing in regard to the said assessment roll having been heard.
NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2009 for the
Lamoka/Waneta Lakes District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of
New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax
Service Agency, and
BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service
Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the
appropriate taxes on the several real properties situate and benefited within said Lakes’ Protection and
Rehabilitation District, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the
Director of Real Property Tax Service Agency, the County Treasurer, the Lamoka/Waneta Lakes’ District
Commission and the Clerk of the Steuben County Legislature.
Vote: 8-0.
RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE
CHARGED ON THE JANUARY, 2010, TOWN AND COUNTY TAX BILLS – REAL PROPERTY
162
TAX SERVICE
WHEREAS, certain property owners in the Town of Reading are delinquent in paying their sewer and
water bills, and
WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water
bills be charged on the 2010 Town and County tax bills as shown in the Town of Reading Resolution No. 6609.
NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of
Reading be added to the January, 2010, Town and County tax bill as a separate item for the arrears, as provided
by Town Law Section 198, subsection 1 (k).
Vote: 8-0.
RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS BE CHARGED ON THE
JANUARY, 2010, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE
WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be
charged on the 2010 Town and County tax bill, per Town resolution No. 192, as a separate item for the amount
of the arrears.
NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector be
added to the January, 2010, Town and County tax bills as a separate item for the amount of the arrears, provided
by Town Law, Article 12, Paragraph 198.
Vote: 8-0.
RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE
YEAR 2010 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE
WHEREAS, the State Board of Real Property Services has established the County equalization rates
pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received.
NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2009 Assessment Roll be
adopted and the 2009 County equalization rates to be used for the general levy and apportionment of the 2010
county tax levy from the State Board of Real Property Services be entered in the minutes as follows:
TOWN OF CATHARINE
65.00
TOWN OF MONTOUR
65.00
TOWN OF CAYUTA
100.00
TOWN OF ORANGE
100.00
TOWN OF DIX
100.00
TOWN OF READING
100.00
TOWN OF HECTOR
100.00
TOWN OF TYRONE
100.00
Vote: 8-0.
RE: AUTHORIZE ACCEPTANCE OF THE AGRICULTURE AND FARMLAND PROTECTIVE PLAN
SUPPLEMENTAL REVISION
WHEREAS, in accordance 1 NYCRR Part 372, Schuyler County created and adopted the Schuyler
County Agricultural Development and Farmland Protection Plan in 1999, and
WHEREAS, at the completion of that project there were funds still available through the contract with
New York State Department of Agriculture and Markets to promote farmland protection in Schuyler County,
and
WHEREAS, in 2006 Schuyler County received authorization from New York State Department of
Agriculture and Markets to utilize the remaining funds to update the 199 Plan, and
WHEREAS, the 2008 Schuyler County Agriculture and Farmland Protection Plan Supplemental
Revision is the result of the updated project, overseen and accepted by the Schuyler County Agriculture and
Farmland Protection Plan and completed by Shepstone Management Company.
2008 Schuyler County Agriculture and Farmland Protection Plan Supplemental Revision, and directs the
Agriculture and Farmland Protection Board to oversee implementation of the recommendations made within.
Vote: 8-0.
163
RESOLUTION NO. 425 Motion by Marcellus, Second by Fagan. RE: AUTHORIZE DISTRIBUTION OF
MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW
WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax
receipts for the period April 1, 2009 through September 30, 2009, pursuant to Section 261 of the New York
State Tax Law, and the same has been apportioned to the various municipalities thereto.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to
pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto.
Vote: 8-0.
164
EXHIBIT "A"
MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES
APRIL 1, 2009 THROUGH SEPTEMBER 30, 2009
TOWNS
Amount Due
VILLAGES
Amount Due
Catharine
$6,269.17
Burdett
$1,124.63
Cayuta
$1,174.71
Montour Falls
$3,684.45
$17,557.48
Odessa
$1,154.50
$52,631.78
Watkins
Glen
$8,498.18
Dix
Hector
Montour
$9,083.38
Orange
$7,914.86
Reading
$12,616.16
Tyrone
$20,833.71
TOTALS
$128,081.26
APPROVED BY COMMITTEE:
$14,461.75
Dennis A. Fagan
Delmar F. Bleiler, Jr.
Paul N. Marcellus
Stewart F. Field
+
165
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED
WHEREAS, the County Treasurer took tax deed to property located in Schuyler County, State of New
York, located at 3817 Main Street, Burdett, NY (Burdett Post Office) as of September 19, 2005, and
offer/offers to Purchase:
BIDDER’S NAME:
Jeff Bizelka
BIDDER’ ADDRESS:
290387 Homecrest Sta.
Brooklyn, NY 11229
AMOUNT OF BID:
$1000.00
FORMER OWNER:
Trans Allied Corporation
TAX MAP #:
44.19-1-12
LOCATION:
3817 Main Street, Burdett, NY
BE IT FURTHER RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to
Purchase, subject to the last-stated condition below, and execute the quitclaim deed and attending documents
for the transfer of properties for which the County of Schuyler has taken a tax deed and listed said property in
the tax sale auction, upon payment to the Schuyler County Treasurer of the full amount of the purchase offer.
The full amount of the purchase offer must be made to the Schuyler County Treasurer on or before December
31, 2009.
BE IT FURTHER RESOLVED, that upon acceptance of a bid, and payment in full of the purchase
price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the
Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment
thereof , and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature has the right to accept or reject
any and all bids.
Vote: 8-0.
WITHDRAWN
RE: AUTHORIZE ONGOING CONTRACT WITH L-1 IDENTITY SOLUTIONS FOR ELECTRONIC
FINGERPRINTING – SHERIFF’S OFFICE - WITHDRAWN
WHEREAS, effective January 1, 2010 the New York State Division of Criminal Justice Services will no
longer accept ink fingerprint submissions, and
WHEREAS, the Sheriff’s Office does not have the capability to take electronically scanned fingerprints
for civil reasons, and
WHEREAS, L-1 Identity Solutions wishes to enter into a contract with the Sheriff’s Office as an
electronic fingerprinting site, and
WHEREAS, L-1 Identity Solutions will provide the necessary equipment at no cost to the county, and
pay the Sheriff’s Office a fee per fingerprint applicant.
NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to
execute an ongoing contract with LL-1 Identity Solutions on behalf of the Sheriff’s Office for providing
fingerprinting services; subject to approval of the Schuyler County Attorney.
RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY
CORRECTION OFFICERS BENEVOLENT ASSOCIATION
WHEREAS, the Schuyler County Correction Officers Benevolent Association and the County of
Schuyler have reached a Tentative Agreement on the terms and conditions of the 2008-2012 Collective
Bargaining Agreement, and
WHEREAS, the parties have now reached an agreement to modify the Collective Bargaining
Agreement, specifically to modify the Correctional Facility (Jail) work schedule to be the same as the
Communication Center, and to incorporate a definition for seniority in Article 6-Hours of Work, Overtime,
Tours of Duty, and Work Schedule.
166
NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature is hereby
authorized to enter into a Memorandum of Agreement with the Schuyler County Correction Officers
Benevolent Association as set forth above, effective January 1, 2008; subject to approval of labor counsel.
Vote: 8-0.
NEW BUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES: Legislator Fagan wanted to let everyone know that the
$200,000.00 grant was received for the treatments of Lamoka & Waneta Lakes. The final application for
payment had been submitted to the State for Reimbursement. It was paid within one month’s time.
COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the bonding for the Shared
Public Works Facility is underway and discussions have been held with the Village of Watkins Glen. They
have elected to go with the 50/50 option. The Village Clerk, Donna Beardsley, did not think the Village would
have strong feelings one way or the other. Absence of any of the Legislatures comments, he will move forward
with the numbers. Legislator Fagan asked what the difference options are and have they been compared.
Administrator O’Hearn explained that this option would save money up front. He then proceeded to provide the
Legislature with the bleak update of the State’s financial status from the County Administrator’s meeting he
attended in Syracuse. The State is in a lack of cash crisis. The County’s aid for Children Services is and will be
immediately impacted. He is not sure that the Governor has this legal right to withhold payments. This isn’t
actually aid, it is reimbursement. This payment is for services that the County has rendered and will not get
immediate reimbursement of. The Governor is simply delaying payment at this time, not withholding it.
County’s now have been asked to be the bank for the State. This will be a hardship going forward. Some
County’s may be forced to borrow funds. The picture does not look good. There may be more decisions made
at the State now and at year end. The State’s published figures regarding the deficit where discussed. Our
County is financially stable at this point. It will however, be hard to predict going forward. We could have a
one million shortfall next year. Legislator Bleiler asked if this money was for the annual budget lint item.
Administrator O’Hearn stated that they should have received about $191,000.00 of which $81,000.00 is being
withheld. Legislator Larison asked if this is for mandated services and we still are expected to perform services.
Administrator O’Hearn said yes. The State is stretching the reimbursement time frame.
The meeting adjourned at 6:55 p.m.
YEAR END MEETING
DECEMBER 28, 2009
The December 28, 2009 Year End Meeting of the Legislature was called to order at 9:00 a.m. by the
Clerk of the Legislature, Stacy Husted. The Pledge of Allegiance was led by Legislator Field followed by a
moment of Silence. All Legislators were present except, Chairman Gifford and Legislator Marcellus who were
excused. County Administrator Tim O’Hearn and Assistant County Attorney Dennis Morris were also present.
RE: APPROVE THE MINUTES OF THE DECEMBER 14, 2009 REGULAR MEETING OF THE
BE IT RESOLVED, that the minutes of the December 14, 2009 Regular Meeting of the Schuyler
County Legislature be approved.
Vote: 6-0.
RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS
BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following
account transfers in order to balance out the 2009 accounts, to wit:
167
, and
BE IT FURTHER RESOLVED, that this authorization shall include financing capital projects with fund
balance as determined by the Schuyler County Treasurer.
Vote: 6-0.
2009 Budget Transfers per year end meeting resolution
Department
1010.100
1010.409
1010.410
1010.631
1165.100
1165.328
1165.400
1165.401
1165.407
1165.409
1165.410
1165.416
1165.430
1165.431
1165.433
1165.439
1165.443
1170.328
1170.400
1170.407
1170.409
1170.410
1170.430
1170.431
1170.435
1170.439
1170.563
1170.605
1180.400
1185.400
1185.409
1185.430
1185.431
1230.328
1230.400
1230.409
1230.410
1230.431
1230.433
1230.439
1230.444
1325.100
1325.101
1325.409
1325.410
1325.431
To
From
$163.79
$1,306.48
$310.52
$57,769.44
$23,694.32
$127.94
$7,500.00
$615.02
$101.63
$47.13
$288.33
$1.53
$98.85
$262.53
$16.34
$382.58
$1,154.55
$29.90
$70.98
$724.96
$0.30
$164.24
$54.45
$32.10
$1,362.30
$175.83
$2,009.56
$8,001.96
$250.00
$1,381.05
$1,093.42
$445.55
$250.00
$152.85
$251.15
$571.79
$45.53
$347.49
$114.41
$11.38
$2,258.44
$16.66
$610.86
$36.86
$543.63
$1,350.39
168
1325.433
1325.435
1325.439
1325.459
1355.100
1355.101
1355.200
1355.400
1355.577
1362.400
1410.100
1410.403
1410.407
1410.409
1410.410
1410.426
1410.428
1410.431
1410.433
1410.439
1420.100
1420.401
1420.403
1420.407
1420.409
1420.410
1420.433
1420.435
1420.438
1420.439
1420.443
1430.100
1430.403
1430.410
1430.429
1430.431
1430.433
1430.435
1430.439
1430.459
1431.100
1431.402
1431.417
1431.431
1431.459
1450.100
1450.200
1450.400
1450.402
1450.409
1450.417
1450.430
1450.431
1450.433
1450.434
$1,763.38
$14,862.00
$426.71
$3,394.00
$6,019.00
$94.87
$25.00
$1,061.17
$5,000.04
$1,355.09
$2,464.31
$95.00
$1,406.00
$3.26
$16.93
$14.22
$25.90
$1.04
$120.12
$7.18
$1.00
$2,000.00
$150.00
$258.99
$89.91
$677.43
$40.72
$75.00
$286.82
$160.97
$1,050.77
$0.01
$40.00
$138.43
$1,036.82
$13.69
$34.37
$5,573.25
$23.13
$409.76
$8,454.20
$915.89
$506.00
$257.09
$103.86
$115.06
$14,963.10
$6,586.32
$3,526.19
$3,462.85
$2,991.01
$1,406.54
$1,560.72
$2,795.74
$7,884.21
1450.435
1460.100
1460.400
1460.409
1460.410
1460.428
1460.431
1460.433
1460.439
1610.100
1610.200
1610.400
1610.426
1610.439
1620.100
1620.101
1620.200
1620.400
1620.410
1620.427
1620.431
1620.439
1620.442
1620.446
1620.448
1620.449
1620.490
1622.100
1622.101
1622.309
1622.427
1622.444
1640.237
1640.438
1640.457
1640.526
1640.528
1660.100
1660.101
1660.409
1660.410
1660.431
1660.433
1660.439
1680.100
1680.101
1680.200
1680.400
1680.431
1680.444
1680.459
1950.400
1990.500
2490.400
2960.400
$479.67
$2,385.46
$580.00
$92.00
$53.40
$275.50
$36.86
$22.45
$203.35
$317.09
$1,294.92
$917.61
$1,075.22
$13,864.88
$6,795.78
$924.58
$3,000.00
$81,696.70
$540.52
$18,898.13
$37.85
$300.46
$30,489.83
$23,493.11
$469.00
$555.40
$19.66
$13,990.77
$7.65
$250.04
$714.49
$3,856.02
$110.75
$238.13
$119.00
$121.80
$3.00
$7,400.34
$12.49
$890.00
$450.72
$79.82
$208.06
$93.80
$2,083.71
$500.00
$4,778.17
$20.77
$38.58
$755.81
$1,217.95
$777.46
$12,330.00
$78,944.87
$58,838.33
169
170
2960.440
3020.200
3020.400
3020.430
3020.438
3110.100
3110.101
3110.102
3110.118
3110.201
3110.204
3110.216
3110.309
3110.317
3110.328
3110.400
3110.401
3110.418
3110.426
3110.432
3110.434
3110.439
3110.441
3110.444
3110.453
3110.459
3110.537
3112.101
3112.102
3140.100
3140.101
3140.328
3140.382
3140.407
3140.410
3140.431
3140.433
3140.435
3140.439
3150.100
3150.101
3150.102
3150.201
3150.400
3150.401
3150.410
3150.411
3150.418
3150.429
3150.431
3150.433
3150.434
3150.439
3150.441
3150.442
$20,553.60
$58,433.52
$6,228.25
$402.90
$4.97
$4,917.97
$5,856.32
$5,917.01
$6,729.27
$1,609.00
$35,775.02
$1,092.25
$94.97
$44,423.90
$641.83
$100.00
$300.00
$500.00
$697.92
$76.13
$351.66
$410.48
$960.32
$32,812.88
$5,009.70
$1,354.89
$2,329.77
$125.19
$125.19
$1,615.02
$282.55
$134.22
$250.00
$90.00
$428.46
$299.83
$48.90
$234.00
$412.16
$54,870.20
$10,413.70
$12,705.01
$2,400.51
$100.00
$1,102.37
$317.33
$1,245.10
$468.05
$6,516.30
$754.74
$2,831.08
$447.76
$523.75
$2,510.59
$6,320.19
3150.445
3150.449
3150.454
3150.456
3150.457
3150.459
3150.539
3150.603
3315.100
3315.101
3315.204
3315.271
3315.541
3315.542
3412.403
3412.409
3412.431
3412.433
3412.435
3412.469
3510.100
3510.101
3510.102
3510.201
3510.400
3510.603
3689.100
3689.101
3689.328
3689.403
3689.410
3689.426
3689.431
3689.433
3689.439
3689.440
3689.442
3689.458
3689.467
3689.531
4010.100
4010.101
4010.278
4010.328
4010.400
4010.402
4010.403
4010.407
4010.410
4010.418
4010.422
4010.426
4010.429
4010.430
4010.431
$1,472.74
$224.85
$9,014.23
$7,031.08
$425.84
$165.00
$59.69
$32.92
$114.73
$2,869.74
$405.15
$811.25
$933.84
$834.23
$75.00
$39.13
$37.62
$12.00
$542.75
$379.00
$1,205.45
$512.25
$291.14
$500.00
$214.48
$269.86
$41.82
$41.40
$55.80
$40.00
$348.87
$351.00
$10.82
$40.33
$44.84
$20.81
$97.24
$589.68
$273.00
$25.93
$68,985.90
$14,160.07
$1,000.00
$31.14
$3,119.78
$1,539.47
$397.00
$186.04
$678.80
$9,162.90
$3,898.00
$500.00
$4,000.59
$420.80
$791.48
171
172
4010.433
4010.435
4010.439
4010.440
4010.442
4010.444
4010.446
4010.448
4010.459
4010.468
4010.470
4010.471
4010.472
4010.478
4010.490
4010.532
4050.100
4050.200
4050.328
4050.410
4050.418
4050.426
4050.431
4050.433
4050.435
4050.439
4050.444
4050.446
4050.459
4050.476
4054.490
4322.327
4322.504
6010.101
6010.204
6010.206
6010.260
6010.261
6010.308
6010.313
6010.328
6010.338
6010.339
6010.356
6010.370
6010.387
6010.395
6010.401
6010.402
6010.403
6010.407
6010.410
6010.418
6010.426
6010.431
$34.58
$9,091.00
$505.98
$489.63
$786.53
$8,639.42
$3,628.96
$139.06
$2,000.00
$2,000.00
$200.00
$363.94
$500.00
$140.20
$27,025.97
$4,791.36
$14,626.93
$53.17
$280.38
$500.00
$842.00
$201.20
$421.33
$21.46
$3,873.10
$824.22
$3,933.07
$164.00
$32.00
$6,423.75
$9,503.79
$0.28
$0.28
$9,606.79
$1,202.85
$744.64
$203.51
$267.52
$3,022.31
$677.50
$38.70
$181.00
$482.00
$775.00
$5,087.14
$1,052.00
$2,143.25
$725.94
$77.44
$69.00
$409.14
$570.68
$1,118.00
$500.00
$1,410.33
6010.433
6010.439
6010.440
6010.444
6010.459
6010.480
6010.481
6010.482
6010.485
6010.553
6010.554
6010.566
6010.592
6010.593
6129.400
6410.400
6410.436
6510.100
6510.426
6510.430
6510.431
6510.433
6510.435
6510.439
6772.101
6772.328
6772.433
6772.439
6772.440
7110.100
7110.427
7110.442
7310.100
7310.101
7310.120
7310.316
7310.328
7310.410
7310.433
7310.438
7310.439
7310.440
7510.100
7510.400
9030.802
9050.805
9055.806
9060.810
9060.811
9089.800
General Fund Total
$1,764.70
$929.68
$1,016.66
$742.05
$2,941.00
$646.53
$1,048.00
$921.00
$1,490.69
$700.00
$43.00
$2,614.31
$907.00
$1,232.00
$5,996.01
$489.00
$489.00
$18.97
$100.00
$1,334.93
$49.29
$44.35
$39.75
$0.43
$83.85
$1.65
$137.22
$25.48
$80.50
$100.13
$20.86
$87.72
$5,412.39
$31.08
$3,573.70
$282.05
$42.00
$465.13
$81.20
$194.83
$246.19
$558.37
$0.02
$0.02
$8,428.02
$16,625.04
$6,079.39
$109.61
$109.61
$1,206.50
$643,011.75
$643,011.75
173
174
Department
5010.100
5010.101
5010.328
5010.400
5010.402
5010.407
5010.410
5010.431
5010.433
5010.439
5010.442
5110.101
5110.400
5110.510
5110.511
5110.512
5110.513
5110.514
5110.516
5110.517
5110.518
5110.519
5110.520
5110.522
5110.544
5120.400
5120.545
9030.802
County Road Total
To
From
$898.19
$22.58
$95.00
$1,941.19
$57.18
$18.08
$25.93
$0.30
$8.80
$275.19
$640.84
$1,554.49
$284.00
$1,770.30
$4,345.99
$3,143.79
$820.92
$6.00
$87.58
$216.85
$1,209.00
$1,326.00
$348.86
$110.43
$189.05
$2,760.02
$2,760.02
$55.74
$12,486.16
$12,486.16
Department
To
5130.439
5130.441
5130.526
5131.457
5131.527
9030.802
9055.806
Machinery Fund Total
From
$58.43
$51.77
$82.14
$2.00
$2.00
$74.32
$14.48
$142.57
$142.57
Department
To
From
9060.435
9060.809
9060.812
9060.813
9060.814
$3,000.00
Health Ins. Total
$5,034.27
175
$5,033.93
$0.34
$458.63
$1,575.64
$5,034.27
RE: DEDICATION OF 2009 PROCEEDINGS
WHEREAS, it has been the custom to give tribute in the printed Proceedings of the Schuyler County
Legislature to employees who retire from county service or elected officials who leave office, as recognition for
their dedication and service.
NOW, THEREFORE, BE IT RESOLVED, that the “Proceedings of the County Legislature of the
County of Schuyler for the year 2009" contain a tribute to Helen M. Thingvoll (Personnel Officer), Rose M.
Salbego (Food Service Helper-Office for the Aging), Randy H. Deal(Assessor), William T. Preston(Deputy
Sheriff), Teresa J. Wodarski (Case Manager-Social Services), William A. Carey (Correction Officer-Sheriff),
Sr., Gary D. Welch (Motor Equipment Operator-Highway), Carlene E. Motzenbecker (Social Welfare
Examiner-Social Services), C Ellen Coleman (Real Property Tax Service Assistant), Judy A. Forney
(Administrative Assistant-Highway) and Charles S. Stevenson (Labor Foreperson-Highway), subject to any
other retirements effective by December 31, 2009.
Vote: 6-0.
RE: AUTHORIZE 2010 CONTRACT RENEWAL WITH PAUL CORRADINI, ESQ. FOR CONFLICT
DEFENDER SERVICES – PUBLIC DEFENDER’S OFFICE
WHEREAS, due to various conflicts of interest, multiple defendants or multiple parties and overload
cases, it would be beneficial to the county to continue to enter into a contract for services of a conflicts
defender, and
WHEREAS, Attorney Paul Corradini has accepted the position of Conflicts Defender for the term
January 1, 2010 through December 31, 2010.
execute a contract with Paul Corradini, Esq. for the Public Defender’s Office for conflicts of interest, multiple
defendants or multiple parties and overload cases for the term January 1, 2010, to December 31, 2010, at a rate
of $2,500.00 per month plus mileage (at the County rate), funding available in the 2010 Public Defender budget
account no. 1170.400-Contractual Services Indigent Legal Services Fund (ILSF); subject to approval of the
Vote: 6-0.
RE: AUTHORIZE 2010 CONTRACT RENEWAL WITH PHIL BARNES FOR INVESTIGATIVE
SERVICES – PUBLIC DEFENDER’S OFFICE
WHEREAS, the Public Defender’s Office anticipates receiving Indigent Legal Services Fund (ILSF)
revenues from the State for the year 2010 in the form of a $65,000 grant, and
WHEREAS, the Public Defender requires access to investigative services in order to adequately defend
clients, both in family court and criminal court.
execute a contract renewal with Phil Barnes for the Public Defender’s Office on an as needed basis at the rate of
$30 per hour not to exceed $5,000 annually with mileage reimbursement at the current county rate, for the term
January 1, 2010 through December 31, 2010; funding is available in the 2010 Public Defender budget account
no. 1170.435; subject to approval of the Schuyler County Attorney.
Vote: 6-0.
176
RE:
AUTHORIZE RENEWAL OF CONTRACT WITH PITNEY BOWES, INC. FOR THE RENTAL OF A
POSTAGE METER – HEALTH SERVICES
WHEREAS, Schuyler County Health Services is currently renting a postage meter from Pitney Bowes,
Inc., and
WHEREAS Pitney Bowes, Inc. has recently renegotiated its contract with New York State and informed
Schuyler County Health Services that its current meter is obsolete and should be replaced, and
WHEREAS, Schuyler County Health Services needs to continue its use of a postage meter.
enter into a lease agreement with Pitney Bowes, Inc. for the rental of a postage meter, at an amount not to exceed
$50 per month, plus an initial one-time charge of up to $100, commencing upon installation of the new meter, for
a term of 51 months, funding available in accounts 4010.433 and 4310.433, subject to the approval of the County
Attorney.
Vote: 6-0.
RE: AUTHORIZE AMENDING RESOLUTION NO. 386 TITLED “LAYOFF CERTAIN POSITIONS –
COMMUNITY SERVICES”
WHEREAS, Resolution No. 386-09 eliminated a Staff Social Worker position in Community Services
due to financial restraints, and
WHEREAS, there will be a Staff Social Worker position available effective February 21, 2010 due to a
retirement, and
WHEREAS, the employee who was affected by the layoff is eligible to be reassigned to the vacant
position effective February 22, 2010, and
WHEREAS, the layoff date for the Staff Social Worker position should be moved to February 21, 2010.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 386-09 be amended to now read as
follows:
“NOW, THEREFORE, BE IT RESOLVED, that employees in the Community Services Department be
laid off effective December 31, 2009 as follows:
One (1) Senior Staff Social Worker
One (1) Keyboard Specialist, and
BE IT FURTHER RESOLVED, that One (1) Staff Social Worker in the Community Services be laid off
effective February 21, 2010.”
Vote: 6-0.
RE: AUTHORIZE TRANSFER OF FUNDS AND AMENDING THE 2009 BUDGET – SOCIAL
SERVICES
WHEREAS, the Schuyler County Department of Social Services needs to transfer funds for Foster Care,
Child Welfare and TANF Services expenses.
amend the DSS 2009 budget as follows:
AMOUNT
ACCOUNT NO.
DESCRIPTION
+$20,000
6010.552
TANF Services Plan
+$15,000
6070.572
Purchase of Services
+$30,000
6119.400
Foster Care
- $65,000
6123.400
Juvenile Delinquency
+ $20,000
6010.4615
Federal Aid – Administration, FFFS
+ $5,000
6070.4670
Federal Aid – Purchase of Services
+ $7,500
6119.4619
Federal Aid –Foster Care
- $32,500
6123.3623
State Aid – Juvenile Delinquency
Vote: 6-0.
177
RE: AUTHORIZE TRANSFER OF FUNDS AND AMENDING THE 2009 BUDGET – SOCIAL
SERVICES
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 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 Schuyler County 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 RESOVLED that Schuyler County 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.
BE IT FURTHER RESOLVED, that Schuyler County call 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 Schuyler County shall forward copies of this Resolution to the
Governor, Senator George H. Winner, Jr., Assemblyman Thomas F. O’Mara, Congressman Eric J. Massa,
Senator Charles E. Schumer and Kirsten E. Gillibrand, NYSAC, Inter County, and all others deemed necessary
and proper.
Vote: 6-0.
RE: CONTRACT EXTENSION FOR SILVERLINE CONSTRUCTION OF VAN ZANDT HOLLOW
BRIDGE REPLACEMENT – HIGHWAY
WHEREAS, Silverline Construction, Inc. has requested a contract extension, due to weather conditions,
for the completion of the Vanzandt Hollow Bridge over Glen Creek to February 15, 2010, and
WHEREAS, funds for this contract extension were encumbered from the 2009 budget Account No.
5120.570.
NOW THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee and
Highway Superintendent that the Schuyler County Legislature extend this contract for completion by February
15, 2010.
Vote: 6-0.
RESOLUTON NO. 438 Motion by Fagan, second by Yuhasz.
RE: AUTHORIZATION TO INCREASE THE INFORMATION PROCESSING SPECIALIST POSITION
TO FULL-TIME – HIGHWAY DEPARTMENT
178
WHEREAS, the Highway Superintendent and the Public Works Committee recommends increasing the
hours of the Information Processing Specialist to a full-time forty (40) hour position per week, per Union
Contract to begin January 1, 2010, and
WHEREAS, the present Information Processing Specialist is a less than part-time position that is shared
with the Shared Fuel Facility, and
WHEREAS, funding for this position is included in the 2010 budget account no. 5010.100 and
5131.100.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approve increasing the hours of
the position of Information Processing Specialist to full-time in the Highway Department at an hourly rate of $
14.90; subject to approval of the County Administrator.
Vote: 6-0.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTION OF REAL PROPERTY TAXES
– TOWN OF MONTOUR – REAL PROPERTY TAX
Section 556 of the Real Property Tax Law (RPTL) for parcels 87.00-1-49.111 and 87.00-1-49.112 owned by
James Joslyn in the Town of Montour for the 2009 County/Town tax bill, which also included a relevy of the
2008 Odessa-Montour school tax, and
WHEREAS, the property owner alleges that the assessment includes the value of a mobile home which
had been removed prior to taxable status date, and
has found discrepancies in the parcel inventories that constitute errors in essential fact as defined by RPTL
Section 550(3)(a), and
WHEREAS, it is the recommendation of the Director and of the Management & Finance Committee to
approve the application.
NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and
BE IT FURTHER RESOLVED, that the Treasurer is hereby directed to issue a corrected tax bill in the
amount of $138.23 for parcel 87.00-1-49.111 and $1,606.70 for parcel 87.00-1-49.112, and to make the
appropriate chargebacks to the town and school district.
PARCEL DESC
ASSMT CORRECTE
2009 TAX CORRE OMCS
CORREC CORRECTED
D
CTED
RELEVY TED
TOTAL
ASSMT
TAX
RELEVY
49.111
Vacant
$69,900
$2,600
$1,606.70
$59.76
$2,109.64
$78.47
$138.23
parcel does
not include
doublewide
49.112
Parcel
$19,250
$69,900
$442.47
1,606.70
0
0
$1,606.70
should
include
assessment
of doublewide, not
singlewide
trailer
Vote: 6-0.
RE: AUTHORIZE CONTRACT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING BOARD
FOR INTERNET MAP SERVER (IMS) HOSTING SERVICES – REAL PROPERTY TAX AGENCY
WHEREAS, the County maintains an Internet Map Server (IMS) as a necessary component of the online assessment information made available through the Real Property Tax office, and
179
WHEREAS, the Southern Tier Central Regional Planning Board can provide IMS hosting services at a
lower cost than the current vendor.
execute a contract with the Southern Tier Central Regional Planning Board for the term of January 1, 2010
through December 31, 2010, in an amount not to exceed $1,500, subject to approval of the Schuyler County
Attorney.
Vote: 6-0.
RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY
CORRECTION OFFICERS BENEVOLENT ASSOCIATION
WHEREAS, the Schuyler County Correction Officers Benevolent Association and the County of
Schuyler have ratified a 2008-2012 Collective Bargaining Agreement, and
WHEREAS, the parties have now reached an agreement to modify the Agreement, specifically to
modify Article 15, Insurances, Section 15.9, Retiree Benefits to address a former employee who retired after the
expiration of the previous collective bargaining agreement, but prior to settlement of the current collective
bargaining agreement, and wish to memorialize their understanding, in writing, to be incorporated into the new
collective bargaining agreement for execution by the parties.
NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby
authorized to enter into a Memorandum of Agreement with the Schuyler County Correction Officers
Benevolent Association as set forth above, effective January 1, 2008; subject to approval of labor counsel.
Vote: 6-0.
RE: AUTHORIZE AGREEMENT WITH HARRIS BEACH, PLLC, FOR THE DISPOSITION OF THE
RURAL URBAN CENTER TO THE SCHUYLER COUNTY LOCAL DEVELOPMENT
CORPORATION (SCLDC)
WHEREAS, it is the desire of the County to retain outside legal counsel for the coordination of SEQR,
transferral of real estate, conditions of transfer to the SCLDC, and adoption of a developers agreement to
protect the County and ensure responsible development of the property, and
WHEREAS, Harris Beach, PLLC has proposed to assist in developing and implementing a disposition
strategy by and among the County, SCLDC, SCIDA and the developer at a cost not to exceed $5,000 plus
expenses, funding available in Account Number 1620.400.
execute a contract with Harris Beach, PLLC, for the disposition of the Rural Urban Center to the SCLDC, at a
cost not to exceed $5,000 plus expenses, subject to approval of the Schuyler County Attorney.
Vote: 6-0.
RE: AUTHORIZE CONTRACT WITH FREDERICK M. CERIO, ESQ. FOR CHILD PROTECTIVE
ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE
$24,000.
execute a contract with Frederick M. Cerio, Esq. for Child Protective Attorney Services for the County
Attorney’s Office effective January 1, 2010 through December 31, 2010, funding available in the 2010 County
Attorney budget account no. 1420.401; previously approved by the Schuyler County Attorney.
Vote: 6-0.
RE: AUTHORIZE A GRANT WITH STATE OF NEW YORK BOARD OF ELECTIONS - COUNTY
BOARD OF ELECTIONS
WHEREAS, the County Board of Elections has applied for County HAVA Grant Funds for HHS 2009
180
Voting Access for Individuals with Disabilities Polling Access Improvement in the amount of $941.00, and
WHEREAS, the County Board of Elections received Contract Number T002999 from the New York
State Board of Elections in the amount of $941 for said grant funds.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves an
agreement with New York State Board of Elections for Contract Number T002999 in the amount of $941, and
BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be hereby
authorized to execute the New York State Board of Elections Contract Number T002999 in the amount of $941
for Polling Place Access Improvements.
Vote: 6-0.
NEW PUSINESS: None.
UNFINISHED BUSINESS: None.
REPORT ON STANDING COMMITTEES: None.
COUNTY ADMINISTRATOR’S REPORT: None
A
Abolish
Aging Services Caseworker, 101
Senior Registered Professional Nurse, 107
Adoption
Revised Fee Scale Watershed, 15
Salary Schedule, 2
Ag District
Adding 2 parcels, 58
Negative Declaration Development & Farmland Protection Plan,
58
Protective Plan Supplement, 162
Agreement/Contract/Proposal
2008 Hazardous Material Grant Program, 56
A&E Transportation, 60
ACE Unlimited, 17, 43
Adult International Medical Management, 144
AES Greenidge, 125
Affiliated Psychological Consultants, 82
All-Mode Communications, 124
American Loss Prevention Services, 140
Anne Heist, 137
Associated Appraisal, 112
Auditing Services, 111
Automon Corp., 57
Barbara Anderson, 128
Binghamton Plate Glass, 17
Catholic Charities, 96, 121
Catholic Charities USDA FSP Non Recurring Bonus Allocation, 61
Catholic Charities, Crisis Prevention PINS, 153
Chemung County Weights & Measures Shared Services, 156
Chemung Schuyler Steuben Workforce NY, 120
Clean Harbors, 92
Climate Control Technologies, 85, 140, 156
CME Associates, 47
Collective Bargaining, Correction Officers, 90
Cornell Cooperative Extension, Food Stamp Nutrition, 155
Corning Cable, 101
Council on Alcoholism & Other Chemical Dependencies, 108
CPE Communications & Security, 139
CPE Interlink/Sentry Alarms, Amendment, 83
Cummunity Dispute Resoltion Center, 159
Daniel F. Bizzell, 86
Davidson & O'Mara, 85
David-Ulmer, 139
Day Automation, 139
Day Automation Change Order, 71
Diva Solutions, 72
Eastern Copy, 126
Economic Opportunity Program, Social Services, 124
Enhanced Supervision of Sex Offenders, Probation, 81
Finger Lakes Addictions & Counseling, 109
Ford Motor Credit, 33
FOSCAS Extension, 77
Frederick M. Cerio, Esq., 46, 179
Freeman Communications, Radio Relocation, 158
G.O. Wick, 18, 48
GHI Rate Renewal, 128
Gretchen Ann Jacobs, 81
Happiness House, 95
181
Harris Beach, 179
Helen Thingvoll, 19
HMI Mechanical, 18, 48
Homestead, 25
Honeywell Hommed, 64
Humane Society/Dog Shelter, 89
Hunt Engineers, VanZandt Hollow Bridge, 71
Indemnification, Italian American Festival, 87
James E. Sewall, 20
Janis Jepsen, 60
Jeff's Septic, 114
Karen W. Allen, 112
King & King Technologies, 79
Lexis Nexis, 145
Lisa Baker, 105
Margaret Morrison, 40, 41
Mental Health Clinic, 64
Modular Communications, 63
New York State Office for the Aging, Medicare Improvements,
109
NY Connects, 95
NYSARC, Transportation, 138
Paul Corradini, Esq., 53, 175
Phil Barnes, 12, 175
Pitney Bowes, 176
Pro Action of Steuben & Yates, Inc, 75
Probation Departmental Renewals, 153
Probation State Aid, 92
REACT Recycling, 103
Schuyler County Career Center, 96
Schuyler County Watershed, 156
Schuyler Hospital Physical Therapy, 40
Schuyler Hospital, Overnight Nursing Home Respite, 82
Shared Public Work Facility, 7
Silverline Extension, 177
Soil & Water Conservation, 158
Southern Tier Central Regional Planning Board, 178
Summer Youth Employment, 96
Systems Development Group, 99
TANF Summer Youth Employment, 39, 67
Tax Map Chemung County, 19
Teneleven Group, 102
Tourist Promotion Agnecy, 127
Town of Wayne, Watershed Protection, Inspection Wastewater
Treatment Systems, 154
Verizon Cable Easement, 109
Village of Watkins Glen, Phone Service, 158
Village of Watkins Glen, Roadrunner, 160
Village of Watkins Glen, Shared Public Works Facility, 157
Wastewater Management, 154
Water Wise, Inc., 76
Weights & Measures, 157
Welliver McGuire Change Order, 125
WGI Youth Employment, 28
Wheels to Work Program, 60
Appointment
Alcohol & Substance Abuse Subcommittee, 94
Chairman, 1
Chief Coroner, 2
Clinic Director, 60
Community Service Board/Mental Health Subcommittee, 16
Community Services Board, 154
182
Community Servies Board, 136
Director Weights & Measures, 62
Election Inspectors, 99, 114, 128, 143
Finger Lakes Tourism Alliance, 135
Health Insurance Review Committee, 98
Historian, 2
Mental Health Subcommittee, 94
Mental Retardation/Developmental Disability Subcommittee, 82,
94
Outside Committee, 9, 10, 11, 12, 25
Planning Commission, 36, 67, 81
Records Access Officer, 44
Soil & Water Conservation Board, 48
Voting Machine Custodian, 13, 31, 103
Youth Board, 27, 120
Appropriate Amounts, 150
Approval/Authorization/Amendment
2008 Cost Allocation, Social Services, 124
2010 Section 5311 Operating Assistance, 145
2010/2011 Annual implementation Plan, OFA, 138
Advance Payment TPA, 77
Alternatives to Incarceration, 4
Building Maintenance Supervisor To Sign, 18, 75
Correction Officers Benevolent Assoc, 26, 179
County Assessors Salary/Hours, 21
Distribution Federal Salary Sharing, 108
Furniture Shared Public Works Facility, 144
Increase Hours, Information Processing Specialist, 177
Insurance Rate Freeze, 145
Management Confidential Salary Plan, Weight & Measures
Director, 155
Meal Deliverer Hours, 76
Mortgage Tax Distribution, 163
Purchase Items to Move Departments, 69
Regional E911, 104
Reimbursement E911 Services, 119
Retiree Health Insurance Eligibility, 98
RFP Dental Insurance, 72
Shared Public Works, 112
Stop DWI Plan 2010, 105
Town of Hector Deliquent Water Bills, 162
Town of Reading Deliquent Water Bills, 161
Watershed Protection Policy, 28
Youth Bureau Resource Allocation Plan 2010, 152
B
Bid
2009 Highway Material, 35
A/C Sheriff Dispatch, 30
Asphalt Emulsions, 50
Auditing Services, 19
Bank Run Gravel, 51
Cold Mix Stock Pile, 51
Crushed Stone, 49
EMS Paging & Radio Communications, 39
Extension Structural Maintenance, 97
Galvanized Pipe, 49
Guiderail, 49
Hot Mix Asphalt Concrete, 54
HVAC Repairs/Maintenance, 7
Ice Control Sand, 50
IP Telephones, 43, 61
Logging Recorder, 33
Mill Creek Flooring, 140
New & Used Steel Plate, 52
Ready Mix Concrete, 52
Sign Posts, 51
Tires, 51
Transportation Preschool Children with Disabilities, 28, 68
Tree & Stump Removal, 52
Used Steel Pipe, 50
VanZandt Hollow Bridge, 110
Bid Acceptance
HVAC Repairs & Maintenance, 158
Bid Advertisement
Construction VanZandt Hollow Bridge, 83
Flooring Mill Creek Center, 125
HVAC Repairs, 125
Budget
Set Public Hearing Date, 132
Tentative 2010 Public Hearing, 132
Budget Adoption 2010, 149
Budget Alteration
Hospital & Medical Insurance, 146
Staff Training, Legislature, 146
Budget Amendment
Back to School Benifit, 124
Community Services, 121
Early Intervention, 137
Emergency Management, 56
Highway, 43
Household Hazardous Waste, 58
Indigent Legal Services, 92
Preschool Special Education Program, 108
Public Safety Communications, 3
Sale of Wheelchair Van, 29
Watershed Protection, 74
C
Canarx Prescription Program, 76
Cost Allocation Certification, 42
Creation Crime Victims Trust Fund, 45
D
Decrease Hours
Medical Social Worker, 102
Watershed Assistant, 151
Delegate Authority
Real Property Tax Director, 20
Youth Bureau Amendments, 153
Designation
Depositories, 1
Legal Newspaper, 1
Disposition of Claim
Amy K. Lucero, 145
Distracted Driving, 5
E
Empire Zone Administrative Board, Amend By Laws, 67
F
Filling Position
183
Administrative Assistant, 102
Automotive Mechanic Foreperson, 70
Correction Officer, 23
Full Time Lead Cleaner, 29
Full Time Temporary DMV Clerk, 37
Motor Equipment Operator, 44
Personnel Officer, 9
Probation Officer Trainee, 113
Public Health Nurse, 107
Temp Case Management, 13, 110
Temporary Administrative Asistant, Amendment, 85
Temporary Administrative Assistant, 70
Temporary Motor Equipment Operator, 36
Forgo Pay Raises
Elected Officials, 144
Fracturing Responsibility, 106
Fund Authorization
Federal Aid & State Marcisselli Program, Highway, 83
Fund Transfer
Bridge Repair, 97
Community Services Board Reserve, 155
Coroner, 114
County Attorney, 25
Dog Shelter, 119
Human Resources, 111
ICT Trust Account, 87
Inmate Expenses, 119
Navigation, 80
Sale of Timber, 75
Sheriff Jail Personnel Services, 152
Social Services, 176
Social Services, Van, 149
Union Ratification Payments, Sheriff, 90
Year End, Treasurer, 166
Funding Support
*-+ Network, 21
G
Grant
2008 Fire Prevention, 33
2009/2010 Aid to Prosecution Application, 135
2009/2010 Operation Impact Application, 135
2009-2010 Immunization, 41
2009-2010 LEAD, 39
2009-2010 Snowmobile, 119
American Recovery & Reinvestment Act Early Intervention, 137
Application 2009/2010 VAWA Stop Firmula District Attorney, 152
Application 2010/2011 VAWA Recovery District Attorney, 151
Bioterrorism/Public Health Emergency Preparedness, 137
Children with Special Health Care Needs, 107
County Transit Capital Assistance, 38
Crime Victims Board, 57
District Attorney Compensation, 91
Early Intervention, 107
Healthy Communities, 121
Homeland Security Regional Exercise, Emergency Management,
80
Immunization ARRA, 154
Interoperable Emergency Communications, 3
New York State Board of Elections, HAVA, 179
Partnership for Youth Acceptance & Renewal, 120
Records Management Microfilming, 8
Recovery Act Edward Byrne Memorial, 57
Royce Haight Booth Youth Fund, 27
State Homeland Security, 118
Triangle Fund, 59
United Way, Family Play & Resource Center, 16
Violence Against Woman, 57
Grant Application
Hazardous Materials Emergency Management, 91
Regional E911, 104
H
HAVA Federal Funding, 32
I
Indigent Legal Services
Proposed Fix, 22
L
Lamoka/Waneta Lakes
Assessment Roll, 161
Bids, 34
Directing tax Levy, 161
Public Hearing, 142
Land Coalition
Adding Property, 30
Layoff
Amendment, 176
Social Services, 150
Lever Voting Machines, 31
Local Government
Continuity, 1
Local Law
Setting Salaries Elected Officials, 74
Setting Slaries Certain Elected Officials, 65
Term Limits, 8
Text Messaging, 4, 23
M
Medicaid Relief, 177
Mortgage Tax
Distribution, 73
N
Natural Gas Infrastructure, 33
Nominations
Chairman, 1
NYS Legislature
Amend Public Authority Law, 61
Federal Milk Marketing Improvement Act, 63
I-86 Completion, 100
Jilly's Law, 47
Records Management Improvement Funds, 62
Senate & Assembly Bills, 47
State Reduce Spending & Shifting Costs, 129
184
O
Off Track Betting, 122
Oil & Gas Drilling, 93
P
Petty Cash
County Clerk DMV, 31
Human Resources, 30
Policy Adoption/Change/Amendment
Management/Confidentail Salary Plan, 7
Management/Confidential Salary Plan, 62, 97
Probation Department Procedures, 92
Purchasing Policies & Procedures, 2
Scented Items, 53
Substance Abuse/Drug & Alcohol Testing, 126
Lamoka/Waneta Lakes, 151
Q
Quit Claim
Property, 127, 165
R
Ratification Special Meeting, 38, 87, 89, 131, 149
Recovery Zone Designation, 126
Rescind, 23, 47
Copier Lease, 142
Management & Confidential Salary, 144
Rules of Proceedure
Conform, 2
S
Sales & Use Tax
Amendment, 141
Distribution, 142
Rate Extension, 115
Renewal, 37
Set Date
2010 Organizational Meeting, 160
Year End Meeting, 160
Shared Public Works Facility, 7, 75, 79, 109, 112, 125, 156, 157, 158
Furnature Purchase, 144
State Park Entrance Clean Up, 72
Surplus/Junk Equipment
2003 Dodge Ram Truck, 110
Emergency Management, 84
Multiple Departments, 31, 159
Sheriff, 45
Telephone System, 97
Various Departments, 44
Vehicles, 71
T
Table to Floor, 149
Tabled/Failed, 146, 147
Tax
Town Contribution, 150
Tax Auction
Accept/Reject Bids, 131
Treasurer, 113
Tax Correction
Approve Application, 20
Denied, 142
Omitted Tax Town of Hector, 21
State Owned Property Town of Dix, 74
Town of Montour, 64, 178
Town of Reading, 36
Tax Exemption
Indian Tribes, 35
Tax Levy
2010 Equalization Rates, 162
Taxes
Unpaid School, 159
W
Withdrawn, 19, 141, 152, 165

organizational meeting

Transcription

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