Minutes - Schuyler County
Transcription
Minutes - Schuyler County
PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 1999 MEMBERS OF THE LEGISLATURE DISTRICT I...................................................... RICHARD L. LITTLE RUTH S. YOUNG DISTRICT II..................................................... PATRICIA L. HASTINGS THOMAS M. GIFFORD JEROLD D. MARVEL DISTRICT III................................................... DORIS L. KARIUS DELMAR F. BLEILER GLENN R. LARISON OFFICERS CHAIRMAN.................................................... CLERK............................................................. DEPUTY CLERK............................................ COUNTY ATTORNEY................................... THOMAS M. GIFFORD GAIL M. HUGHEY STACY B. HUSTED JAMES P. COLEMAN PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 1999 CHAIRMAN AND CLERK'S CERTIFICATE STATE OF NEW YORK ) COUNTY OF SCHUYLER ) We, Thomas M. Gifford, Chairman, and Gail M. Hughey, Clerk of the Schuyler County Legislature, each for ourself, do hereby certify that this printed volume is a true record of the acts and proceedings of the Legislature of the County of Schuyler, State of New York, for the year 1999, pursuant to Section 211 of the County Law. THOMAS M. GIFFORD Chairman, Schuyler County Legislature GAIL M. HUGHEY Clerk, Schuyler County Legislature DEDICATIONS 1999 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE Joyce Collins Joyce was hired by the Schuyler County Department of Social Services in July of 1993 as a Social Welfare Examiner. She retained that title until her retirement at the end of the year 1999. Joyce was an extremely knowledgeable person in regards to Medicaid Social Services programs. Specifically, she had great expertise about the Skilled Nursing/Chronic Care program for the elderly, and also with Social Security related programs. In addition to her regular workload, Joyce volunteered to take on the task of checking and completing the mass rebudget program for all the cases in the unit. This involved some 500-600 cases. Joyce was truly dedicated to the department and her work, even when out on leave she would make herself available. She was a valuable resource that will be sorely missed by the Department. Michael Dillon Michael joined the Highway Department on September 9, 1980 as a Motor Equipment Operator. He was promoted to the position of Heavy Equipment Operator on July 20, 1981, a title that he held until his retirement on March 11, 1999. Mike’s dedication to his job was evident in the way he maintained the County’s road building materials that he stockpiled in the yard. He was also the main person to plow and cinder CR #23 for nineteen years. He spent many long hours keeping this section of Schuyler County clear from the winter storms, and provided a safe roadway for all the motorists that used it. Mike has a keen sense of humor that is well known throughout the department. After retirement, Mike has two new ventures that he is pursuing which include the purchase and operation of a small retail business, and returning to over-the-road trucking, operating a tractor trailer throughout the Northeast. Robert Horton, Sr. Robert joined the Highway Department on April 8, 1969 as a Motor Equipment Operator. He was promoted to the position of Heavy Equipment Operator on July 20, 1982, a title that he held until his retirement on February 24, 1999. Bob’s dedication to his job was evident in the way he maintained the County roads, from rebuilding to repairing. Always striving for perfection, but with his usual good-hearted nature and sense of humor. Bob brought a calm, no-nonsense approach to his work, and was well liked and respected by his co-workers. Bob is a good listener and, with his laughter and outgoing manner, was full of stories that captured everyone’s imagination. He was a joy for all to be around and is sorely missed. Bob is an avid bow hunter and has won many awards. Now, with retirement, he will have more time to enjoy his favorite hobby. Richard L. Little Richard Little served as Schuyler County Legislator for the years 1998 and 1999. Rich represented the constituents of District I, which covers the Towns of Orange, Reading and Tyrone. During Rich’s tenure he served as Chairman of the Public Works Committee. He was very involved in the highway department. His interest was apparent as far as his trips to Albany or where ever highway related topics were an issue. His vision into the future sparked the purchase of new vehicles as well as planning for replacements. He communicated well with Senators and Assemblymen for financial assistance and related projects, to help relieve the burden on the local taxpayer. Rich also attended many Town and Village board meetings to stay on top of local issues. He was aware of the advantages of shared services, not only between County Departments, but also the benefits to the Towns, Villages and Schools. Henry “Hank” P. Simmons, Jr. Henry joined the Highway Department on May 16, 1988 as a Motor Equipment Operator and maintained that title until his retirement on March 26, 1999. Henry’s dedication to his job was evident in his willingness to work extensive hours keeping the roads safe for the traveling public. He took his experience and willingly shared it with his fellow workers to help train and educate them. Hank took pride in his work, but not until he was 100% satisfied with the job at hand. Hank is certainly one of the most honest and trustworthy people that has ever been a part of this organization. Hank is an avid sportsman who likes to hunt. But now he can retire to the shores of Seneca Lake and all the little fishing holes of the region to begin to enjoy his real passion, which is fishing. The following dedications were inadvertently left out of the 1997 Proceedings: Robert J. Fitzsimmons Robert J. Fitzsimmons served as a Schuyler County Legislator for nine years. He was elected in 1989 and served on many committees. During his tenure he was instrumental in the development and success of the Solid Waste Management Task Force, implementation of the Schuyler county Resource Recovery Law and the county-wide junk mail pick up. Bob was the force behind contracting out the County’s planning services with Cornell Cooperative Extension. Bob’s leadership, compassion and understanding had a tremendous impact on all throughout the years. Angeline B. Franzese Angeline B. Franzese was elected in 1982 as a Schuyler County Legislator and served for sixteen years. Angie was elected the first female Chairman of the Schuyler County Legislature in January, 1992 and held that position until December 31, 1996. During her tenure she served on many boards and committees outside of the standing committees for the County. Angie was instrumental in implementing the Aged Exemption Levels for senior citizens for property taxes. Angie was recognized state-wide as a leader in lobbying New York State for Medicaid relief. Some of Angie’s most recent accomplishments were serving as Chairman of the New York State Board Chairs Association, on the New York State Association of Counties resolutions committee, Chairman of the Southern Tier Central Regional Planning and Development Board and on County Legislators and Supervisors Association. Angie’s budgetary capabilities and expertise, as well as her sincere dedication, were an asset to the County and its taxpayers. Betty V. Glick Betty began her 29-year tenure with Schuyler County in 1969 as a Clerk Typist in the County Clerk/Motor Vehicle Office. She was promoted to a Motor Vehicle Clerk in 1969, to a Senior Clerk in 1972 and then to a Motor Vehicle Supervisor in 1983. Betty was elected County Clerk in 1986 and was re-elected two more times until she retired at the end of 1997. Betty served the County in other ways by serving as the County’s Records Management Officer for several years and as a member of the Records Management Advisory Board. Betty has also served as Commissioner of Jurors and was instrumental in starting a County Records Management Program that has received state-wide recognition. ORGANIZATIONAL MEETING - JANUARY 4, 1999 1 ORGANIZATIONAL MEETING JANUARY 4, 1999 The January 4, 1999 Organizational Meeting of the Schuyler County Legislature was called to order by Gail M. Willis at 4:30 p.m. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Hazel Shader read aloud a statement. She reflected on what has happened in 1998 that will affect 1999, such as the increase in sales tax, the removal of clothing tax and the staggered terms for the Legislators. She also asked that the Legislators listen to the constituents when it comes to the County Administrator position. She requested that the Legislature pass a resolution within the year to limit the amount of people that would live in the county. There are too many people crowding this area. She would also like a resolution forwarded to Amory Houghton and Senator Moynihan stating that anyone interested in running for the Legislature would devote two-thirds of their time to attending meetings. She asked that the appointment of the Chairman today include weighing the pros and cons of the position. There should be no conflict of interest with other boards, does the person work well with others, has the person been involved in hiring or firing, have they dealt with a large sum of money and have they sat in on negotiations. Whoever becomes Chairman, let=s work together for the benefit of the County. Tom Ryan stated that the Chairman is a very important position. It is almost a full-time job. The person has to put the time in and keep the budget down. Casey Creamer said he would still like to see the Legislators agree upon what a Legislator=s job description is. If someone is interested in the position, they should be told what it involves first with a description. How can the Legislature talk about a County Administrator if they do not have a clear idea of what it entails. Gail M. Willis, acting as Temporary Chairman, asked for nominations from the floor for Chairman to the Schuyler County Legislature for the year 1999. Patricia L. Hastings nominated Thomas M. Gifford, seconded by Doris L. Karius. There being no further nominations, Ms. Willis asked for a motion to close the nominations. RESOLUTION NO. 1 Motion by Little, Second by Karius. RE: CLOSE NOMINATIONS - 1999 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that nominations for the 1999 Chairperson of the Schuyler County Legislature be closed. VOTE: Passed 8-0. DISCUSSION: Legislator Hastings thanked the Legislators and the County Attorney for a tedious job. She wished Chairman Gifford well and encouraged the Legislators to work with him as Chair. The Chair needs to know what is going on so that he/she can coordinate with everyone. She hopes this year is easier for all. She feels the learning curve is about to end. She has been here nine years and admits she does not know it all. Legislator Bleiler said he pledges his commitment to the new Chair. He will have more time now and is looking forward to this new year. Chairman Gifford thanked them all for their support. RESOLUTION NO. 2 Motion by Little, Second by Karius. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1999 BE IT RESOLVED, that Thomas M. Gifford be Chairperson of the Schuyler County Legislature for the year 1999. VOTE: Passed 8-0. RESOLUTION NO. 3 Motion by Little, Second by Bleiler. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 1999 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 1999, as follows: Chairman Thomas M. Gifford #1 Vice-Chairman Patricia L. Hastings 2 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE #2 Vice-Chairman Richard L. Little #3 Vice-Chairman Ruth S. Young #4 Vice-Chairman Doris L. Karius #5 Vice-Chairman Delmar F. Bleiler, Jr. #6 Vice-Chairman Glenn R. Larison #7 Vice-Chairman Jerold D. Marvel VOTE: Passed 8-0. RESOLUTION NO. 4 Motion by Little, Second by Karius. RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER BE IT RESOLVED, that "The Watkins Review & Express" weekly newspaper within Schuyler County, be designated as the legal County paper to publish resolutions, election notices, official canvass and other notices. VOTE: Passed 8-0. RESOLUTION NO. 5 Motion by Karius, Second by Young. 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: FLEET BANK, N.A. Watkins Glen Office 401 N. Franklin Street Watkins Glen, NY 14891 $4,000,000.00 MARINE MIDLAND BANK, N.A. Watkins Glen Office Franklin at Eight Street Watkins Glen, NY 14891 $4,000,000.00 CHEMUNG CANAL TRUST COMPANY Montour Falls or Watkins Glen Office 303 W. Main Street Montour Falls, NY 14865 $4,000,000.00 TOMPKINS COUNTY TRUST COMPANY Main Street Odessa, NY 14869 $4,000,000.00 BATH NATIONAL BANK So. Franklin Street P&C Plaza Watkins Glen, NY 14891 $4,000,000.00 VOTE: Passed 7-0. Abstain: Gifford. RESOLUTION NO. 6 Motion by Hastings, Second by Marvel. RE: CONFORM TO "RULES OF PROCEDURE" BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, and as amended, be conformed to. VOTE: Passed 8-0. RESOLUTION NO. 7 Motion by Karius, Second by Hastings. RE: APPOINTMENT - BUDGET OFFICER FOR 1999 BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 1999 with an annual REGULAR MEETING - JANUARY 11, 1999 3 stipend of $1,000. VOTE: Passed 8-0. RESOLUTION NO. 8 Motion by Little, Second by Marvel. RE: APPOINTMENT - CHIEF VOTING MACHINE CUSTODIAN BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David A. Stamp as the County's Chief Voting Machine Custodian for the year 1999. VOTE: Passed 8-0. RESOLUTION NO. 9 Motion by Little, Second by Young. RE: APPOINTMENT - CHIEF CORONER FOR 1999 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 1999, at an additional stipend of $1,000 for administrative duties to be paid quarterly at the rate of $250.00 per quarter. VOTE: Passed 8-0. RESOLUTION NO. 10 Motion by Little, Second by Young. RE: APPOINTMENT - HISTORIAN AND DEPUTY HISTORIAN BE IT RESOLVED, that Barbara Bell be appointed as County Historian and Louise Stillman as Deputy Historian for the year 1999. VOTE: Passed 8-0. RESOLUTION NO. 11 Motion by Little, Second by Young. RE: ADOPT SCHEDULE OF SALARIES FOR 1999 BE IT RESOLVED, that the Schedule of Salaries for 1999, as attached hereto, be adopted, effective January 1, 1999, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the county employees according to the 1999 Salary Schedule. VOTE: Passed 8-0. PUBLIC PARTICIPATION: Tom Ryan congratulated Chairman Gifford and told him he has a big job ahead of him. The meeting adjourned at 4:50 p.m. Gail M. Willis, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING JANUARY 11, 1999 The 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 Marvel and followed by a Moment of Silence. All Legislators were present except Legislator Little who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Tom Ryan asked how many bids were sent out and received on Resolution No. 13. Greg Mathews, Highway Superintendent, explained that there are agreements with two engineering firms. He solicits quotes from them on designs and awards the lowest quote. These are contracts for professional services and do not require bids. The two firms are Labella Associates and Hunt Engineers. Tom asked if he ever considered using others. Greg said that it just so happens that he has another firm that has contacted him and he will be looking into this further. Casey Creamer asked who would be on the standing committees for this year. Chairman Gifford stated that Legislator Hastings will be taking Ernie Thurston=s place and Legislator Marvel will be taking his place. Paul Fitzsimmons from Hector questioned the persistence of the Legislature in continuing to bring the County Administrator position to the table for discussion. RESOLUTION NO. 12 Motion by Hastings, Second by Young. 4 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE APPROVE MINUTES OF THE DECEMBER 10, 1998 PUBLIC HEARING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 10, 1998 Public Hearing of the Schuyler County Legislature be approved. VOTE: Passed 7-0. RESOLUTION NO. 13 Motion by Bleiler, Second by Marvel. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS FOR COUNTY ROADS 13 AND 19 BRIDGE DESIGN WHEREAS, the County Highway Superintendent and the Public Works Committee have discussed bridge replacement for 1999, and WHEREAS, Hunt Engineering has submitted a proposal for the design of County Road 13 Bridge and County Road 19 Bridge. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers and Architects for engineering services for the County Road 13 Bridge BIN #3332300 over Banfield Creek, Town of Cayuta, and the County Road 19 Bridge over Falls Creek, Town of Dix, for a contract sum of $28,000; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 14 Motion by Bleiler, Second by Marvel. RE: AUTHORIZE VILLAGE OF WATKINS GLEN UTILITY EASEMENT WHEREAS, the County owns and operates Seneca Harbor Park in the Village of Watkins Glen, and WHEREAS, the Village of Watkins Glen operates the municipal electric system, and WHEREAS, a permanent utility easement to provide utility access over and under county lands is required to supply utilities to various activities. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler grants to the Village of Watkins Glen a utility easement in the form hereunto annexed, and BE IT FURTHER RESOLVED, that a certified copy hereof be filed with the Schuyler County Clerk_s Office upon execution and that the original be forwarded to the Village Clerk, Village of Watkins Glen, New York forthwith. VOTE: Passed 7-0. RESOLUTION NO. 15 Motion by Bleiler, Second by Marvel. RE: AUTHORIZE SUBMISSION OF SCHUYLER COUNTY APPLICATIONS FOR FY99 HUD SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANTS (INCLUDING THE CANAL CORRIDOR INITIATIVE), INCLUDING SUBMISSION OF AN ABBREVIATED CONSOLIDATED PLAN FOR SCHUYLER COUNTY WHEREAS, Schuyler County is considering the preparation and submission of applications under the FY99 HUD Small Cities Community Development Block Grant (CDBG) Program (including the Canal Corridor Initiative), and WHEREAS, an Abbreviated Consolidated Plan for Schuyler County, describing community development needs, resources and activities, will be prepared which supports these applications, and WHEREAS, two public hearings are required to be held to gather citizen input on the Abbreviated Consolidated Plan and the county=s grant applications. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to prepare and submit the Abbreviated Consolidated Plan and the FY99 HUD applications as described above, and BE IT FURTHER RESOLVED, that the Legislature hereby sets the dates for the required public hearings as follows: January 19, 1999 at 6:30 P.M. in the Rural Urban Center Auditorium February 1, 1999 at 6:30 P.M. in the Rural Urban Center Auditorium REGULAR MEETING - JANUARY 11, 1999 5 VOTE: Passed 7-0. RESOLUTION NO. 16 Motion by Karius, Second by Larison. RE: AUTHORIZE APPOINTMENTS - VARIOUS COMMITTEES AND BOARDS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointments of Jerold Marvel, Patricia Hastings and Thomas Gifford to the following Committees and Boards effective immediately and terminating December 31, 1999 to fill the vacancies created by the resignation of Ernest Thurston and the changes created by the election of Thomas Gifford as Chairman: Jerold Marvel (replace Gifford) Advisory Committee on Management Position Auditing Committee Chamber of Commerce Board Finger Lakes Association Board Office for the Aging Advisory Council Schuyler County Industrial Development Agency SCOPED Southern Tier Central Regional Planning & Development Board (replace Gifford) Patricia Hastings (replace Thurston) Auditing Committee Bargaining Unit for Sheriff=s Association Criminal Justice Advisory Council Emergency Medical and Highway Safety Committee Fire Safety Advisory Board Labor/Management Committee Local Emergency Planning Committee Soil and Water Conservation Board Thomas Gifford (as Chairman) Advisory Committee on Management Position Bargaining Unit for all three (3) unions Auditing Committee Criminal Justice Advisory Council Emergency Medical and Highway Safety Committee Jury Board Labor/Management Committee Professional Advisory Council Office for the Aging Advisory Council Records Management Advisory Board SCOPED Southern Tier Central Regional Planning & Development Board DISCUSSION: Legislator Hastings said she feels bad that she was not placed on the Advisory Committee on Management Position. She is a senior Legislator and feels she has a lot of knowledge to share. She asked that the Legislators please take this under consideration. Chairman Gifford explained that he is replacing Legislator Hastings as Chairman and that Legislator Marvel is to take his place. Legislator Hastings stated that the committee was formed while she was Chairman and it should remain the same. She then withdrew her motion since no one seconded her request. Legislator Karius feels that maybe a new face on the committee would be better. Chairman Gifford explained to Legislator Hastings that she is welcome to attend the meetings and then thanked her for her input and for taking the initiative to create the committee. VOTE: Passed 7-0. RESOLUTION NO. 17 Motion by Karius, Second by Larison. 6 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $498,493 BONDS OF THE COUNTY OF SCHUYLER, NEW YORK, TO PAY THE COSTS OF THE PURCHASE OF VARIOUS VEHICLES, EQUIPMENT, MACHINERY, APPARATUS AND FURNISHINGS REQUIRED FOR THE PURPOSES OF SUCH COUNTY BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows: Section 1. The following purposes are hereby authorized in and for the County of Schuyler, New York: 1) The purchase of new police car(s) to replace a similar vehicle in service for one year or more, at a maximum estimated cost of $43,000, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of three years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law; 2) The purpose of a material spreader, at a maximum estimated cost of $10,375, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; 3) The purchase of trucks, at a maximum estimated cost of $76,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of five years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; 4) The purchase of equipment, machinery, apparatus and furnishings, at a maximum estimated cost of $93,118, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; 5) The purchase and installation of radio communication equipment for police, fire and emergency purposes, at a maximum estimated cost of $236,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of ten years, pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law; 6) The purchase of a generator, at a maximum estimated cost of $40,000, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. It is hereby determined that the total of the aforesaid maximum estimated costs is $498,493, and that the plan for the financing thereof is by the issuance of $498,493 bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, that such $498,493 bonds shall be allocated as per the maximum estimated costs set forth above. Section 3. The power to appropriate 1999 fund balances to defray the aforesaid maximum estimated costs, including the power to redeem any or all obligations issued pursuant to the resolution from such 1999 fund balances, is hereby delegated to the County Treasurer. Section 4. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. All other matters except as provided herein relating to the bond herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provision of the Local Finance Law. REGULAR MEETING - JANUARY 11, 1999 7 Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitutions. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution which takes effect immediately, shall be published in full in the Watkins Review and Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. VOTE: Passed 7-0. RESOLUTION NO. 18 Motion by Karius, Second by Larison. RE: ADOPT INVESTMENT POLICY FOR THE COUNTY OF SCHUYLER AS AMENDED WHEREAS, the County Treasurer has presented a revised Investment Policy for Schuyler County for review and approval. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the attached Investment Policy for the County of Schuyler as Amended. VOTE: Passed 6-0. Abstain: Gifford. RESOLUTION NO. 19 Motion by Hastings, Second by Larison. RE: AUTHORIZE ONE (1) RESOLUTION BE BROUGHT TO THE FLOOR BE IT RESOLVED, that one (1) resolution be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 20 Motion by Hastings, Second by Larison. RE: AUTHORIZE CORRECTED 1997 TAX ROLL - TOWN OF HECTOR WHEREAS, the Assessor in the Town of Hector has certified that parcel 5.-1-21.115, owned by Namgyal Monastery, should have been exempt on the 1997 County Tax Roll, and WHEREAS, failure to exempt the property from county taxes constitutes a clerical error as defined by Real Property Tax Law Section 550(2), and WHEREAS, it is the recommendation of the Real Property Tax Director that the 1997 Town and County tax in the amount of $147.85 be forgiven. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to cancel the 1997 county tax in the amount of $88.79 (plus interest in the amount of $33.08), and charge back the Town of Hector in the amount of $25.98 for the aforementioned parcel. VOTE: Passed 7-0. RESOLUTION NO. 21 Motion by Karius, Second by Larison. RE: AMEND RESOLUTION NO. 458-98 AUTHORIZE CREATION OF ADVISORY COMMITTEE FOR MANAGEMENT POSITION WHEREAS, Resolution No. 458-98 erroneously stated that five members would be appointed to the committee and it should have read six with two ex-officio members. 8 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 458-98 be amended to reflect the aforementioned change in membership. DISCUSSION: Legislator Larison asked that Resolution No. 458-98 be amended to reflect the fact that six members were appointed and the Resolution stated that five were to be appointed. VOTE: Passed 7-0. REPORT ON STANDING COMMITTEE: Legislator Young reported on the Human Services Committee. She reported that the next Youth Board meeting will be at 4:00 p.m. on January 14, 1999. She also said that the Center for Governmental Research (CGR) report on Family and Children Services is being offered to the people on the Youth Board for their input. The report should have a great deal of impact on the Human Services Committees. She has the input on the report from the Youth Services Planner and the Commissioner of Social Services. There is a lot to be considered. Legislator Bleiler reported on the Management and Finance Committee. The next management training is scheduled for January 29, 1999. He also reported that he will be holding a budget process review on Tuesday, January 26, 1999 to look at how the Legislature arrived at a budget this last year and what they did right and wrong. He will also be meeting with Committee Chairs and department heads to discuss 1999 goals for each department. Legislator Larison reported on the Governmental Operations Committee. He will be holding his committee this month early because he is taking a vacation the last two weeks of the month. It is scheduled for Wednesday, January 13, 1999 at 4:00 p.m. They will discuss the new Clerk in the Board of Elections Office and find out how training is coming. He will also be presenting the previous Clerk, Sally Michel, with a Certificate of Recognition for her eleven years of service. Legislator Marvel stated that he will be making an effort to attend every committee meeting so that he can get a feel for things and gain some understanding. UNFINISHED BUSINESS: Legislator Bleiler said he would like to respond to Paul Fitzsimmons=s comment during public participation. He agrees that the County Administrator is a very controversial position. He has not supported it, and is not entirely opposed to the position, but opposed because of the fact that the people turned it down. At this time there is an ad hoc committee to work on a job description. He wants to learn all that he can and try to figure out what the cost savings would be. He still can not support a resolution at this time. He would be happy to discuss this issue anytime. Legislator Young feels they should not start out with a discussion about a job description when the position has not been approved. She would like to know if it has been cost effective in other counties. She feels they need a four-year base line study comparing revenues to debt ratios. NEW BUSINESS: Chairman Gifford explained that there is a problem with the contract for solid waste/recycling with Cornell Cooperative Extension for 1999. The County Attorney will not approve the contract with the indemnification clause included. Attorney Coleman stated that the County should not indemnify. In this instance, the county went out of its way to accommodate. The Clerk of the Legislature found an insurance company that would give the county a rider for this. That should have been the end of it. The contract came to the County Attorney=s Office with the clause included. Legislator Bleiler asked if the County Attorney had called Cooperative Extension on the matter at hand. Attorney Coleman said he did not. Legislator Young feels that Cooperative Extension=s insurance company seems to be the problem. Attorney Coleman explained that he has approved the contract by crossing out the paragraph. Chairman Gifford said he has no problem signing the contract the way it is without the Attorney=s approval as done so in the past. Legislator Bleiler suggested that someone contact Charlie Fausold to make sure it was his intention to leave the paragraph in. Legislator Hastings said that perhaps it is time the county start looking at other options for these services. She feels this issue should be routed back to committee. Chairman Gifford feels it should be clarified with Cooperative Extension on the language of the contract and if it cannot be resolved, then to refer back to committee. This was the consensus of the Legislature. PUBLIC PARTICIPATION: PUBLIC HEARING - JANUARY 19, 1999 9 Casey Creamer commented on the appointments of the Advisory Committee on Management Position. He feels it is a better idea to have newer faces on the committee. Legislator Hastings knows all she needs to know, perhaps other folks need to learn. Legislator Larison explained the charge of the committee as set forth in the resolution. Casey asked if the people that are on the Advisory Committee support the position. Chairman Gifford explained that its purpose is to assume the Legislature approves an administrator. The position has not been voted on. This committee is to put together a job description and address concerns of people outside of the Legislature. Legislator Hastings added that she tried her best to appoint people from both sides of the issue. Tom Ryan asked when the Advisory Committee on Management Position will be meeting. Chairman Gifford said they will meet for approximately five weeks on Tuesdays and Thursdays at 8:00 a.m. The meeting adjourned 7:22 p.m. Gail M. Willis, Clerk Stacy B. Husted, Deputy Clerk PUBLIC HEARING JANUARY 19, 1999 The Public Hearing on the FY99 Small Cities Community Development Block Grant (CDBG) program which includes round two of the Canal Corridor Initiative was called to order at 6:30 p.m. by Chairman Gifford. All Legislators were present except Legislator Larison who was excused and Legislator Karius who was absent. John Czamanske, Schuyler County=s Planner, Susan Payne, Director of SCOPED, Margaret Cook, President, Chamber of Commerce and Kurt Ripley from Community Progress Incorporated were also present. John Czamanske stated that the focus of this public hearing is the FY99 Small Cities Community Development Block Grant (CDBG) program, which includes round two of the Canal Corridor Initiative. In late November 1998, the Department of Housing and Urban Development (HUD) announced that approximately $55 million dollars in Small Cities Community Development Block Grant funding would be made available for small communities in New York State through a competitive application process. In addition, approximately $200 to $250 million dollars will be available through the Section 108 Loan program. All New York State communities of 50,000 or less in population are eligible to apply, individually or jointly. All applications must be accompanied by an abbreviated consolidated plan describing community development needs and objectives. As stated in the official Notices of Funding Availability, these new funds Aprovide small communities and counties in New York State with an opportunity to propose programs that focus on creating or expanding job opportunities, addressing housing needs, or meeting public facilities needs. HUD encourages communities to propose programs that are creative and innovative in addressing the needs of their community.@ For the FY99 CDBG competition, there are essentially two concurrent application processes: one for the regular CDBG program with a deadline of 2/8/99, and another for the Canal Corridor Initiative (CCI) with a deadline of 2/3/99. For the regular CDBG program, the maximum request is 600K for a county and 400K for a town or village. For the CCI program, the maximum request is 300K for all applicants. Communities can apply to both. The purpose of this public hearing is to provide a brief description of the funding availability, seek comment on county community development needs and objectives, and to identify potential project proposals. Following this public hearing, the Schuyler County Legislature will work with its planning and economic development agencies to select the most viable proposals and develop draft applications (one CDBG, another for CCI), together with a revised abbreviated consolidated plan. The second public hearing, which is scheduled for February 1, 1999 at 6:30 p.m. will provide an opportunity for public comment on the draft applications. In addition, it has been proposed by Sheen Housing, a regional housing agency, that Schuyler County resubmit last year=s unsuccessful CDBG housing application on behalf of the three benefitted towns (Tyrone, Catharine and Hector). If awarded, the funds would be directed to the towns (not the county) and would be administered by Sheen Housing. Ben Dickens from the Town of Hector asked John Czamanske what was needed from the town in order to 10 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE resubmit last year=s unsuccessful CDBG housing application. John said he would research the issue more and let him know. The County has never submitted applications on behalf of the towns before. Susan Payne, Director of SCOPED, stated that she has two proposals, one under the Canal Corridor Initiative and one under the Small Cities CDBG. The CCI project is for economic development and is a high priority. It is for funding the development of a hotel on Mr. Peter Krog=s property in Watkins Glen. It would be partial funding for the improvement of waterfront property. It would mean additional lodging for the area. The County has 1.5 million people visiting our area each year and it loses money because they are not able to spend the night in the County. This proposal does meet the qualifications. She would like the County to consider this proposal for $300,000. Legislator Bleiler asked if the present hotel owners welcome or fear the competition. Margaret Cook, President of the Chamber of Commerce, stated that there is enough business to go around and competition is a good thing. Susan explained that there would be about fifteen on-site jobs and approximately thirty within the year, not including those involved with the construction. This will be about a $300,000 grant for a $3.3 million dollar job. A large hotel is the missing key for tourism in this County. It will hold approximately sixty-four rooms. Legislator Marvel said he will support this proposal. A standardized large hotel would work with motor coach alone without tourism and the track. Susan stated that the other proposal is under HUD Small Cities Grant also. She would like to propose a multipurpose facility to house four things: a visitor information center, a large screen destination theater, food services, and an exhibition area to exhibit all of our tourism destinations such as wineries, the Farm Sanctuary and the War Plane Museum. The County needs year round tourist destinations. A company called IMAX is interested in making a film on the Finger Lakes region. They wish to locate a theater as the primary site for the film and they have recommended that Watkins Glen be the site for such facility. This theater would also show rotating films shown all over the country. The film on the Finger Lakes would be shown throughout the world. This would not be competition for the existing movie theater in Watkins Glen. It is more educational and documentary based. Legislator Young asked if both projects would be threatened if the grant money was not awarded. Susan said that both would be greatly affected. The Public Hearing adjourned at 7:35 p.m. Stacy B. Husted, Deputy Clerk PUBLIC HEARING FEBRUARY 1, 1999 The second Public Hearing on the FY99 Small Cities Community Development Block Grant (CDBG) program which includes round two of the Canal Corridor Initiative was called to order at 6:30 p.m. by Acting Chairman Hastings. All Legislators were present except Legislators Gifford and Karius who were excused. John Czamanske, Schuyler County=s Planner, Glenda Gephart, Joe Rooney, Joe Fazzary, and Shirley Salvador were also present. John Czamanske opened the meeting by reviewing what was discussed at the first public hearing held January 19, 1999 for those who were not present at that hearing. Joe Rooney asked John if there was a site proposed for the IMAX Theater. John said no, however, the World Media Partners has completed a market analysis and study to determine where the theater should be located. They have selected Watkins Glen. Mr. Rooney asked if any letters of support had been written to go along with the application. John read a number of companies and agencies that had given him letters. Mr. Rooney recommended that John ask the State Park, the State Office of Tourism and Watkins Glen International for letters of support, and he also volunteered to write a letter of support from the Village of Watkins Glen Planning Commission. John informed everyone that the application deadline is Wednesday, February 3, 1999. The Public Hearing adjourned at 7:10 p.m. Stacy B. Husted, Deputy Clerk REGULAR MEETING - FEBRUARY 8, 1999 11 REGULAR MEETING FEBRUARY 8, 1999 The 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 Hastings and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Casey Creamer asked about Resolution No. 26 and why there was a need for a new file cabinet in the Board of Elections. Legislator Larison explained that this cabinet would make things more efficient. Tom Ryan asked that the bonding be clarified in the budget so everyone can see what is being purchased. Casey Creamer asked if the Legislators have done a job description for themselves yet. Chairman Gifford said no they have not. Legislator Bleiler explained that they are currently working on goals. The goals reflect what it is they want to accomplish, that should explain what their job is. County Attorney Coleman suggested that a job description can not be written, anymore than for any other body, such as Congress and the New York State Assembly. The Legislators attend to the property and affairs of the municipal body they represent and everything else. RESOLUTION NO. 22 Motion by Hastings, Second by Little. RE: APPROVE MINUTES OF THE DECEMBER 14, 1998 REGULAR MEETING, DECEMBER 18, 1998 SPECIAL MEETING, DECEMBER 28, 1998 YEAR END MEETING, JANUARY 4, 1999 ORGANIZATIONAL MEETING, JANUARY 11, 1999 REGULAR MEETING, JANUARY 19, 1999 PUBLIC HEARING AND FEBRUARY 1, 1999 PUBLIC HEARING MINUTES OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 14, 1998 Regular Meeting, December 18, 1998 Special Meeting, December 28, 1998 Year End Meeting, January 4, 1999 Organizational Meeting, January 11, 1999 Regular Meeting, January 19, 1999 Public Hearing and February 1, 1999 Public Hearing minutes of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 23 Motion by Little, Second by Larison. RE: AMEND RESOLUTION NO. 458-98/AUTHORIZE CREATION OF ADVISORY COMMITTEE FOR MANAGEMENT POSITION WHEREAS, Resolution No. 458-98 created the Advisory Committee for Management Committee and included in their charge interviewing responsibilities, and WHEREAS, the Advisory Committee for Management Position recommends removing that responsibility from their charge. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 458-98 be amended to remove the interviewing responsibility from the Advisory Committee for Management Position. VOTE: Passed 8-0. RESOLUTION NO. 24 Motion by Little, Second by Larison. RE: AUTHORIZE CONTRACT WITH SALLY MICHEL FOR BOARD OF ELECTIONS CONSULTANT SERVICES WHEREAS, the Board of Elections Commissioners recommends a training period for the new Clerk of Board of Elections to meet some requirements for that office. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Sally Michel for Board of Elections Consultant Services for the period commencing January 4, 1999 for four weeks, two hours a day at an hourly rate of $11.44 an hour, at a cost not to exceed $460.00; subject to the approval of 12 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 25 Motion by Little, Second by Larison. RE: AUTHORIZE PETTY CASH FUND FOR THE DEPARTMENT OF MOTOR VEHICLES - COUNTY CLERK WHEREAS, the Department of Motor Vehicles (DMV) has just recently moved their location away from the County Clerk=s Office and is in need of a petty cash fund in order to dispense change to their customers. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to establish a petty cash fund for the Department of Motor Vehicles in the amount of $100.00, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 26 Motion by Larison, Second by Marvel. RE: AUTHORIZE PURCHASE OF A NEW FILE CABINET AND TRANSFER OF FUNDS - BOARD OF ELECTIONS WHEREAS, there is a need for a new file cabinet to store election cards in the Board of Elections, and WHEREAS, there is no money available in the 1999 budget for such an expense. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $763.00 from Contingency account no. 1990.500 to the Board of Elections account no. 1450.212 for the aforementioned purchase. VOTE: Passed 8-0. RESOLUTION NO. 27 Motion by Larison, Second by Marvel. RE: AUTHORIZE ADVERTISEMENT FOR MATERIAL BIDS FOR THE HIGHWAY DEPARTMENT FOR 1999 WHEREAS, in accordance with Section 103 of General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this section. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for materials and supplies for 1999 and/or participate with the State of New York in its bids, and BE IT FURTHER RESOLVED, that, as in the past, the Towns and Villages of Schuyler County so authorized by County Resolution be allowed to participate in said bids. VOTE: Passed 8-0. RESOLUTION NO. 28 Motion by Larison, Second by Marvel. RE: ACCEPT PROPOSAL FROM AMERICAN RED CROSS FOR FIRST AID TRAINING - HIGHWAY DEPARTMENT WHEREAS, the County Highway Superintendent and the Public Works Committee has recommended that the American Red Cross do first aid training that is required by OSHA, and WHEREAS, the proposal has been approved by the County Attorney. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the provider agreement as the provider representative to allow the American Red Cross to provide the training required at an approximate cost of $300. VOTE: Passed 8-0. RESOLUTION NO. 29 Motion by Karius, Second by Little. RE: ACCEPT/REJECT BIDS FOR RUC DUCT WORK PROJECT WHEREAS, the County has advertised for bids for Duct Work at the Rural Urban Center, and WHEREAS, ten bids were submitted and reviewed, with recommendation for acceptance and rejection being made by the Building Maintenance Supervisor and Hunt Engineers as set forth below. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the following bid with alternate for Duct Work at the Rural Urban Center: 13 REGULAR MEETING - FEBRUARY 8, 1999 Airtech Heating and Air Conditioning Systems, Inc. 106 Metropolitan Park Drive, Liverpool, New York 13088 $38,700.00 base bid plus $1,250 alternate, and BE IT FURTHER RESOLVED, the following bids be rejected: Sure Temp Co., Inc. J&J Sheet Metal Works, Inc. 43 Lake Avenue 414 Commerce Road, P.O. Box 66 Binghamton, NY 13905 Vestal, NY 13850 Base Bid: $27,488.57 w/ Alternate of $1,200 Base Bid: $45,800.00 w/ Alternate of $2,400 Note: Bid Bond Not Submitted Southern Tier Custom Fabricators, Inc. 215 Lenox Avenue Elmira Heights, NY 14903 Base Bid: $39,990.00 w/ Alternate of $2,970 Lewis & Mooney Company, Inc. 2618 Lyons Road, Route 14N, P.O. Box 407 Geneva, NY 14456 Base Bid: $52,200.00 w/ Alternate of $1,850 Faulks Plumbing, Heating & AC, Inc. 18 Fireweek Trailc. Hilton, NY 14468 Base Bid: $78,670.00 w/ Alternate of $1,180 Postler & Jaeckle Corp. 615 South Avenue Rochester, NY 14620 Base Bid: $48,875.00 w/ Alternate of $4,270 Finger Lakes Piping, Inc. 154 Lenox Road Geneva, NY 14456 Base Bid: $47,800.00 w/ Alternate of $2,000 Collins & Walton, Inc. 1525 Lake Street Elmira, NY 14901 Base Bid: $54,940.00 w/ Alternate of $1,600 Nestor=s Service Center R.R. #7, Box 302 Wellsboro, PA 16901 Base Bid: $68,000.00 w/ Alternate of $1,500 VOTE: Passed 8-0. RESOLUTION NO. 30 Motion by Karius, Second by Little. RE: APPOINTMENT - SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Sharon Wiedemer to the Schuyler County Planning Commission to represent the Village of Montour Falls effective immediately with an ending term of 12/31/2000. VOTE: Passed 8-0. RESOLUTION NO. 31 Motion by Karius, Second by Little. RE: AUTHORIZE THE FILLING OF TWO REGISTERED NURSE POSITIONS - PUBLIC HEALTH WHEREAS, two Public Health Nurse vacancies exist in the Schuyler County Public Health Department, and WHEREAS, during 1998 there was an extensive search done in attempts to fill one of the vacancies, to no avail, and WHEREAS, it is possible to hire a Registered Nurse to work under the direction of a Public Health Nurse, and WHEREAS, the need exists for filling these positions, and there is adequate funding in the departmental budget to cover these positions. NOW, THEREFORE, BE IT RESOLVED, that the Public Health Director be authorized to fill, during the year 1999, the two nurse vacancies with either a Public Health Nurse at a 1999 hourly rate of $15.10, or a Registered Nurse at a 1999 hourly rate of $13.40, whichever can be recruited, effective immediately. 14 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE VOTE: Passed 8-0. RESOLUTION NO. 32 Motion by Karius, Second by Marvel. RE: AUTHORIZE THE CREATION AND FILLING OF A SENIOR PROFESSIONAL REGISTERED NURSE POSITION - PUBLIC HEALTH WHEREAS, there is a need for additional supervision of nursing and aide staff in the absence of the Director of Patient Services/Supervising Public Health Nurse, and WHEREAS, along with maintaining a nursing caseload, this individual would assist the Director of Patient Services/Supervising Public Health Nurse with items such as assigning referrals, supervision of nurses and aides, coordinate some services, etc., and WHEREAS, this position is budgeted for in the 1999 County Budget. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health be authorized to create and fill the Senior Registered Nurse position, Grade Level XXIV, at an hourly rate of $13.78, effective immediately. DISCUSSION: Legislator Young asked why the County is paying an hourly rate of $35 when the County nurses only receive $15 an hour. Duane Spilde, Director of Public Health, explained that the consultants do not receive benefits, therefore they charge a higher rate. There is also not enough work for full-time positions in-house. The County has done an extensive search for employees and have had not a lot of response due to the rate of pay. The County has always had a hard time getting competitive wages. Legislator Hastings requested that Mr. Spilde contact the Personnel Office and re-evaluate the situation. Mr. Spilde said he is already in the process of doing just that. VOTE: Passed 8-0. RESOLUTION NO. 33 Motion by Karius, Second by Marvel. RE: AUTHORIZE THE CREATION AND FILLING OF A CLINIC COORDINATOR POSITION - MENTAL HEALTH WHEREAS, notification has been received by the Director of Community Services that the Supervising Social Worker will be resigning effective 2/28/99, and WHEREAS, it is desirous to create a Clinic Coordinator to handle the day to day clinic activities/operations of the clinic i.e., handling crisis calls, assigning referrals, coordinate therapist=s schedules, setting up and coordinating certain meetings, etc. which the Supervising Social Worker is currently handling, and WHEREAS, this position is budgeted for in the 1999 County Budget, and WHEREAS, it is the intention to abolish the Assistant Psychologist position once permanent status in the new position is acquired. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the creation of a Clinic Coordinator Position in the Mental Health Clinic, Grade 29, at an hourly rate of $17.73, and BE IT FURTHER RESOLVED, that the Director of Community Services be authorized to fill said position immediately, and BE IT FURTHER RESOLVED, that the Assistant Psychologist position in the Mental Health Clinic be abolished once permanent status in the new position is acquired. VOTE: Passed 8-0. RESOLUTION NO. 34 Motion by Karius, Second by Marvel. RE: SET SALARY OF STAFF PSYCHIATRIST POSITION - MENTAL HEALTH WHEREAS, this Legislature authorized the creation of a Staff Psychiatrist per Resolution No. 398-98, and, WHEREAS, this position is budgeted for in the 1999 County Budget. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby set the annual salary for Staff Psychiatrist in the Mental Health Clinic at $100,000. DISCUSSION: Legislator Young asked how much local share would be spent on this position. Duane Spilde, Director of Community Services, explained that it is 100% State reimbursement and that he will be subcontracting this position out to other agencies for revenue. Legislator Young asked how this would affect Medicaid. Mr. Spilde said that they would try to keep it at a minimum, however, the County has never had a full-time psychiatrist. He feels this is a great opportunity for the County. REGULAR MEETING - FEBRUARY 8, 1999 15 VOTE: Passed 6-2. Noes: Young, Larison. RESOLUTION NO. 35 Motion by Little, Second by Marvel. RE: APPOINTMENT - HEALTH SERVICES ADVISORY COMMITTEE AND PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH WHEREAS, the Department of Health requires the Director of Patient Services to participate on the Health Services Advisory Committee, and WHEREAS, the Department of Health also strongly suggests that a Registered Nurse be a member of the Professional Advisory Committee. NOW, THEREFORE, BE IT RESOLVED, that this Legislature appoints Marcia Kasprzyk, Director of Patient Services/Supervising Public Health Nurse to the Health Services Advisory Committee, effective immediately with the term ending December 31, 2003 and the Professional Advisory Committee, effective immediately with the term ending December 31, 1999. VOTE: Passed 8-0. RESOLUTION NO. 36 Motion by Little, Second Marvel. RE: AUTHORIZE OUT OF STATE TRAVEL FOR JANET MEANEY - MENTAL HEALTH WHEREAS, an employee is requesting to attend a conference out of state, which is not available within NYS, and WHEREAS, the employee is requesting reimbursement for only the registration fee for the conference, with the remaining expenses to be paid for by the employee, and WHEREAS, it is desirous to approve this employee=s attendance at the conference. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the reimbursement of the registration fee and out-of-state travel for Janet Meaney to attend the Psychology Consciousness Conference being held in South Carolina from March 8-14, 1999. It is understood there will be no additional cost to the County for the expense of this trip. VOTE: Passed 8-0. RESOLUTION NO. 37 Motion by Little, Second by Marvel. RE: AUTHORIZE OUT OF STATE TRAVEL FOR DUANE SPILDE - MENTAL HEALTH WHEREAS, the Director of Community Services/Director of Public Health has received from the Governor=s Office of New Jersey notification of a conference relating to Coordination of Children and Youth and Family Services, being held in New Jersey, and WHEREAS, the employee is requesting reimbursement for expenses incurred for this conference. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the Director of Public Health/Director of Community Services request to travel out-of-state to attend the Children & Families conference in New Jersey. It is understood there are funds in the 1999 budget to cover this expense. VOTE: Passed 8-0. RESOLUTION NO. 38 Motion by Hastings, Second by Little. RE: AUTHORIZE CONTRACT WITH GIVE ME A SIGN INTERPRETING SERVICES FOR THE DEAF AND HARD OF HEARING - PUBLIC HEALTH WHEREAS, the Home Health Agency needs to contract with an interpreting service, and WHEREAS, Give Me A Sign Interpreting Service for the Deaf and Hard-of-Hearing will provide these services at a rate of $35.00 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Give Me A Sign Interpreting Service for the Deaf and Hard-of-Hearing, effective November 15, 1998 through December 31, 1999, for the provision of Interpreting Services; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 39 Motion by Hastings, Second by Little. 16 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE AMEND 1998 AGREEMENTS WITH FLACRA AND THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES, INC. - MENTAL HEALTH WHEREAS, additional funding has been approved for the Finger Lakes Additions Counseling and Referral Agency and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., and the following agreement and budget modifications are required for the 1998 County budget. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services is hereby authorized to execute an amendment to the 1998 agreements with Finger Lakes Addictions Counseling and Referral Agency, Inc. and Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes Inc., for the amount outlined below, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be authorized to approve such amended agreements, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this Legislature authorizes the Schuyler County Treasurer to amend the 1998 County budget accordingly as follows: REVENUE State Funds 4322-3490 $12,433 EXPENSES Finger Lakes Alcoholism Counseling & Referral Agency 4322.336 $ 3,933 Council on Alcoholism & Other Chemical Dependencies 4322.550 $ 8,500 of the Finger Lakes, Inc. VOTE: Passed 8-0. RESOLUTION NO. 40 Motion by Hastings, Second by Little. RE: RESOLUTION REQUESTING A $MART REVIEW WHEREAS, State Comptroller H. Carl McCall has instituted a program called $MART Reviews, and WHEREAS, a $MART Review entails the study of a particular function or functions of a local government, and WHEREAS, at the conclusion of a $MART Review, the Office of the State Comptroller (OSC) issues nonbinding recommendations suggesting methods of containing costs and/or enhancing revenues without raising taxes, and WHEREAS, the benefits of participating in the $MART program have been discussed by those officials involved in the management of the County of Schuyler, and WHEREAS, a $MART Review must be requested by resolution of the governing board. NOW, THEREFORE, BE IT RESOLVED, that the Office of the State Comptroller is hereby invited to conduct a $MART Review in the County of Schuyler, focusing on the area of cash management and capital reserve accounts, and BE IT FURTHER RESOLVED, that this Legislature hereby designates Legislator Delmar F. Bleiler as its representative to act as a liaison and contact person with the Office of the State Comptroller during the $MART Review. VOTE: Passed 8-0. RESOLUTION NO. 41 Motion by Hastings, Second by Karius. RE: AUTHORIZE TRANSFER OF FUNDS FOR REGIONAL LEADERSHIP CONFERENCE WHEREAS, Southern Tier Central Regional Planning and Development (STCRP&D) Board is holding its third annual Regional Leadership Conference, and WHEREAS, they are again requesting financial assistance from counties to help cover some of the direct costs of the conference and enable them to offer a very reasonable registration fee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $200 from Contingency account no. 1990.5 to Legislative account no. 1010.435 to cover the cost of Schuyler County=s contribution to the Regional Leadership Conference. VOTE: Passed 8-0. REGULAR MEETING - FEBRUARY 8, 1999 17 RESOLUTION NO. 42 Motion by Hastings, Second by Karius. RE: AUTHORIZE CONTRACT WITH SOUTHERN TIER LIBRARY SYSTEM WHEREAS, the annual appropriations contract with the Southern Tier Library System for the year 1999 is expanded to include funding for Internet services for the local libraries, and WHEREAS, a change in the substance of an annual contract requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Southern Tier Library System for the year 1999 in the amount of $750 for annual subscriptions to the Internet for Montour Falls, Odessa and Watkins Glen libraries and for appropriations for the Odessa and Hector libraries; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 43 Motion by Hastings, Second by Karius. RE: DECLARE EQUIPMENT SURPLUS - DISTRICT ATTORNEY WHEREAS, the District Attorney has one (1) IBM Selectric II typewriter serial number 3593631, which is inoperable and non-repairable, and WHEREAS, the District Attorney has replaced the unusable typewriter. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said IBM Selectric II typewriter surplus, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor place said typewriter at the Highway Department storage facility for sale in the 1999 County auction. VOTE: Passed 8-0. RESOLUTION NO. 44 Motion by Little, Second by Marvel. RE: DECLARE EQUIPMENT JUNK - SHERIFF WHEREAS, the Sheriff has the following listed equipment which is outdated and totally inoperable, and WHEREAS, the Sheriff has replaced all equipment listed, and WHEREAS, the Leading Edge computer listed has unknown data on the hard drive. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said listed equipment as junk, and BE IT FURTHER RESOLVED, the Building Maintenance Supervisor remove said equipment from the Sheriff=s Department and dispose in the proper manner, with exception to the Leading Edge computer, which MUST BE CRUSHED. 1 Facit Dot Matrix Printer 1 Leading Edge Computer 1 Leading Edge Monitor 1 Sperry Monitor 1 Dytcom Keyboard 1 Goldstar Monitor 1 C-Itoh Dot Printer 1 Magnavox Monitor 1 Ultra Keyboard 1 Set of Photographic Lights 1 Plastic Typewriter Case VOTE: Passed 8-0. RESOLUTION NO. 45 Motion by Little, Second by Marvel. RE: APPOINTMENTS - OFFICE FOR THE AGING ADVISORY COUNCIL BE IT RESOLVED, that this Legislature approve the following appointments to the Office for the Aging Advisory Council for the term commencing January 1, 1999 and ending December 31, 2000: Beth Creamer, RSVP Helen Schmidt, Orange Joette McBride, Hector (East) Verna Shrout, Catharine Laura Merrill, Hector (West) Marjorie Tewksbury, Montour Falls Janine Benjamin-Kuehl, Schuyler Hospital Kathryn Doolittle, Consumer Onley Harkness, Watkins Glen Marcia Kaspryzk, Home Health Gilbert Hillerman, Reading Bonnie Herzig, Arc Dorothy Huey, Tyrone Robert Burnside, Member at Large Edith Lodge, Watkins Glen Charles Young, Member at Large VOTE: Passed 8-0. 18 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 46 Motion by Little, Second by Marvel. RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS - YOUTH BUREAU WHEREAS, the New York State Office of Children & Family Services (OCFS) allows County Chief Executives to delegate authority to their County=s Youth Bureau Director (Planner) to sign all amendments to their County=s approved allocation plans, and WHEREAS, Schuyler County has already given authority to their Youth Bureau Planner to sign amendments to the fullest extent of his 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 Planner to signal OCFS amendments to the Schuyler County approved Resource Allocation Plans after approval by the Schuyler County Youth Board and with appropriate reporting to the Human Services Committee of the Legislature; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 47 Motion by Little, Second by Bleiler. RE: ESTABLISH BUDGET FOR WORK NOW II FUNDING - DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has been allocated $60,900 for Work Now II, to be used by May 31, 1999, unless extended for a longer period. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to establish a budget for Work Now II as follows: + $30,000 account no. 6010.100 Personal Services + $11,000 account no. 6010.484 Employment Expenses + $41,000 account no. 6010-4610 Federal Aid VOTE: Passed 8-0. RESOLUTION NO. 48 Motion by Little, Second by Bleiler. RE: TRANSFER OF THE POSITION OF SUPERVISOR, MOBILE WORK CREW, FROM BUILDINGS AND GROUNDS TO THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, Resolution No. 325-95 created the position of Supervisor, Mobile Work Crew and placed such position in the Schuyler County Buildings and Grounds Department, and WHEREAS, the above cited resolution authorized the Chairman of the Legislature to execute an agreement between the Department of Social Services and Buildings and Grounds Department for the supervision of the mobile work crew by the Supervisor, Mobile Work Crew at an amount not to exceed $35,000, and WHEREAS, the Department of Social Services has created within the Department a grant-funded position of Assistant Supervisor, Mobile Work Crew, and WHEREAS, it is now the appropriate time to transfer the position of Supervisor, Mobile Work Crew from the Buildings and Grounds Department to the Department of Social Services. NOW, THEREFORE, BE IT RESOLVED, that the position, Supervisor, Mobile Work Crew created by Resolution No. 325-95 be transferred from the Buildings and Grounds Department to the Department of Social Services, effective February 15, 1999, and BE IT FURTHER RESOLVED, that the position of Supervisor, Mobile Work Crew will be a 35-hour per week position in Grade Level XXII at $12.71 per hour. VOTE: Passed 8-0. RESOLUTION NO. 49 Motion by Little, Second by Bleiler. RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN RECORDS MANAGEMENT GRANT APPLICATION FORM AND ALL RELATIVE REPORTS 1999-2000 BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the LGRMIF grant application form, and all related form(s) and reports, subject, if necessary, to the approval of the Schuyler County Attorney. The grant application is for RECORDS CREATION AND SYSTEM DESIGN. The funds will be appropriated for staff in the Civil Service/Personnel Office, to do data entry into the Personnel REGULAR MEETING - FEBRUARY 8, 1999 19 Management system. The amount of the grant is not to exceed $50,000. VOTE: Passed 8-0. RESOLUTION NO. 50 Motion by Karius, Second by Young. RE: AMEND RESOLUTION 98-94 - AUTHORIZE CLEANING/MAINTENANCE CONTRACT WITH SCHUYLER COUNTY COURT FACILITIES - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 94 of the year 1998 authorized the cleaning/maintenance contract with Schuyler County Court Facilities for the state fiscal year (April 1 through March 31), and WHEREAS, the State of New York Unified Court System, Office of Court Administration has requested that this contract be for a term of five years instead of one. NOW, THEREFORE, BE IT RESOLVED, that the second WHEREAS of Resolution No. 94 of the year 1998 be amended to read AWHEREAS, this Bill requires Governmental bodies housing court facilities to enter into a cleaning/maintenance contract for the State Fiscals Years April 1, 1998 through March 31, 2003.@ VOTE: Passed 8-0. RESOLUTION NO. 51 Motion by Karius, Second by Young. RE: APPOINTMENTS - SCHUYLER HEADSTART BOARD OF DIRECTORS AND HISTORICAL SOCIETY BOARD OF TRUSTEES BE IT RESOLVED, that this Legislature approve the appointment of Richard L. Little in place of Glenn R. Larison to serve on the Schuyler Headstart Board of Directors and Patricia L. Hastings in place of Glenn R. Larison on the Historical Society Board of Trustees effective immediately terminating December 31, 1999. VOTE: Passed 8-0. RESOLUTION NO. 52 Motion by Karius, Second by Young. RE: PROCLAIM FEBRUARY 7-14, 1999 MENTAL RETARDATION AWARENESS WEEK AND MARCH, 1999 MENTAL RETARDATION AWARENESS MONTH IN SCHUYLER COUNTY WHEREAS, mental retardation is a condition which today affects more than 7 million American children and adults and their families, many of whom wait on long lists for needed services and supports, and WHEREAS, the most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding, and WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be fostered, and WHEREAS, 140,000 members through 1,100 state and local chapters of The Arc, a national organization on mental retardation, are forging vital employment, educational, and fund raising campaigns under private sector initiatives, and WHEREAS, 200 individuals are being served locally by The Arc of Schuyler County. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby proclaim February 7-14, 1999 as Mental Retardation Awareness Week and March, 1999 as Mental Retardation Awareness Month in Schuyler County and urges that citizens give full support to efforts enabling people with mental retardation to live productive lives and achieve their potential. VOTE: Passed 8-0. RESOLUTION NO. 53 Motion by Karius, Second by Young. RE: APPOINTMENT - CANAL CORRIDOR INITIATIVE LOAN COMMITTEE WHEREAS, Connie West, Vice-President of Fleet Bank, Watkins Glen, has advised Nancy Peters, Chairman of the Canal Corridor Initiative (CCI) Loan Committee, that she will be transferring to the Penn Yan Office effective 2/1/99 and therefore will have to resign from the CCI Loan Committee, and WHEREAS, the CCI Loan Committee desires the replacement to be from the banking field. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Kenneth Wilson, VicePresident of HSBC Marine Midland Bank, Watkins Glen, to fill said vacancy on the CCI Loan Committee. VOTE: Passed 8-0. RESOLUTION NO. 54 Motion by Bleiler, Second by Little. 20 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE AUTHORIZE FIVE (5) RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that five (5) resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 55 Motion by Little, Second by Young. RE: APPROVE PLANNING CONTRACT WITH COOPERATIVE EXTENSION - 1999 WHEREAS, the County of Schuyler has successfully contracted with Cornell Cooperative Extension for the provision of planning services for the past years, and WHEREAS, it is desired that such contractual relationship be renewed for the year 1999, and WHEREAS, renewal has been delayed to resolve certain insurance defense matters, and WHEREAS, the parties have reached a mutually acceptable solution to such matters and it is appropriate that the current year contract be immediately renewed in its amended form hereunto written: Paragraph 2.b. shall read as follows: In the event that the contractor is sued for activities under this contract for which the contractor has no insurer-provided defense counsel, the County of Schuyler will pay a maximum of $10,000 toward contractor_s defense costs upon submission of certified vouchers therefor. The County_s obligation under the clause shall be limited to defense costs, not damages, and shall not be construed as an indemnity. The contractor will choose its own defense counsel. NOW, THEREFORE, BE IT RESOLVED, that said contract, as amended, be and hereby is approved for the year 1999; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 56 Motion by Little, Second by Young. RE: RECOGNIZE FEBRUARY 7-13, 1999 AS LITERACY VOLUNTEERS WEEK IN SCHUYLER COUNTY WHEREAS, the citizens of Schuyler County embrace the opportunity to support Literacy Volunteers Week, February 7-13, 1999; this annual observance increases awareness of the mission of Literacy Volunteers of America (LVA), a national network of locally-based education programs committed to changing lives through literacy, and WHEREAS, Literacy Volunteers of America-New York State, Inc. (LVA-NYS) is in the forefront of promoting this annual observance to call the issue of adult illiteracy to the attention of those who can help and be helped; professionally-trained volunteer tutors teach Basic Literacy and English for Speakers of Other Languages to courageous and motivated adults; literacy skills enable LVA students to be better parents, workers and citizens and their individual gains benefit their families, employers and society, and WHEREAS, in Schuyler County 27 Literacy Volunteer tutors assisted 80 youth learners to improve their literacy and English language skills and delivered 396 hours of instruction during Program Year 1998, and WHEREAS, in Schuyler County 176 Literacy Volunteer tutors assisted 410 adults to improve their literacy and English language skills and delivered 4,451 hours of instruction during Program Year 1998, and WHEREAS, LVA is the kind of community, neighbors-helping-neighbors program that deserves recognition as Literacy Volunteer Week is celebrated. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby recognizes February 7-13, 1999 as Literacy Volunteers Week in Schuyler County. VOTE: Passed 8-0. RESOLUTION NO. 57 Motion by Little, Second by Young. RE: A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $581,631 BONDS OF THE COUNTY OF SCHUYLER, NEW YORK, TO PAY THE COSTS OF THE PURCHASE OF VARIOUS VEHICLES, EQUIPMENT, MACHINERY, APPARATUS AND FURNISHINGS REQUIRED FOR THE PURPOSES OF SUCH COUNTY, AND SUPERSEDING THE BOND RESOLUTION OF SAID COUNTY DATED JANUARY 11 1999. BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows: Section 1. The following purposes are hereby authorized in and for the County of Schuyler, New York: REGULAR MEETING - FEBRUARY 8, 1999 7) 21 The purchase of new police car(s) to replace a similar vehicle in service for one year or more, at a maximum estimated cost of $43,000, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of three years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law; 8) The purpose of a material spreader, at a maximum estimated cost of $10,375, it being hereby determined that the same constitutes a specific object or purpose having a period of probable usefulness of five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; 9) The purchase of trucks, at a maximum estimated cost of $76,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of five years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; 10) The purchase of equipment, machinery, apparatus and furnishings, at a maximum estimated cost of $93,118, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; 11) The purchase and installation of radio communication equipment for police, fire and emergency purposes, at a maximum estimated cost of $236,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of ten years, pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law; 12) The purchase of machinery and apparatus for construction and maintenance, at a maximum estimated cost of $123,144, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. It is hereby determined that the total of the aforesaid maximum estimated costs is $498,493, and that the plan for the financing thereof is by the issuance of $498,493 bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, that such $498,493 bonds shall be allocated as per the maximum estimated costs set forth above. Section 3. The power to appropriate 1999 fund balances to defray the aforesaid maximum estimated costs, including the power to redeem any or all obligations issued pursuant to the resolution from such 1999 fund balances, is hereby delegated to the County Treasurer. Section 4. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. All other matters except as provided herein relating to the bond herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provision of the Local Finance Law. Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. 22 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 4) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 5) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 6) Such obligations are authorized in violation of the provisions of the Constitutions. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution which takes effect immediately and which supersedes the bond resolution adopted on January 11, 1999 for similar purposes, may be published in full in the Watkins Review and Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. VOTE: Passed 8-0. RESOLUTION NO. 58 Motion by Little, Second by Young. RE: AUTHORIZE CHAIRMAN TO SIGN DOCUMENTS REGARDING THE SHARED SERVICES GRANT CONTRACT WHEREAS, Schuyler County has been awarded $30,000.00 under the New York State Shared Service Grant Program. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the Chairman of the Legislature to sign any and all documents relative to the Grant, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 59 Motion by Little, Second by Young. RE: AUTHORIZE CHAIRMAN TO SIGN BILLING AGREEMENTS FOR SHARED FUEL FACILITY WHEREAS, there is a need for billing agreements between the County and the users of the Schuyler County Fuel Facility. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a ten-year billing agreement with any and all users of the Schuyler County Fuel Facility at a cost to include the cost of fuel plus a surcharge for capital and maintenance effective immediately; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Hastings reported on the Public Safety/Criminal Justice Committee. The District Attorney is working with the State on a Law Library for Schuyler County. FLACRA and the Sheriff are meeting to discuss a DWI program that would have the violator spend weekends in a drug rehabilitation program doing community services. This program should save the County money. The Probation Director is looking into JAIBG to fund the Youth Court from the year 2000 on. The Sheriff and Legislator Hastings met with the Field Archers Association. They have around 600 members who come to the State land in Monterey for their competition. Legislator Little reported on the Public Works Committee. The Governor of the State of New York has a 26 million dollar reduction in the CHIPS program in his proposed budget. The Legislature would like to let the Governor know that the County is against that proposal. We will be voting on whether or not to send a letter to the Governor tonight. Legislator Young reported on the Human Services Committee. The Youth Court is in training and should be finished by March, 1999. They should be ready for their first case in April, 1999. The Environmental Management Council had a session last week where they set their goals for the year. This is the first time for that council to do so. REGULAR MEETING - MARCH 8, 1999 23 There was also a report from Southern Tier Central on the flood mitigation. There is a lot of work to be done in terms of roads and ditches in Schuyler County. The Center for Governmental Research (CGR) gave their report January 27, 1999 on Children and Family Services in Schuyler County. The department heads involved have met and are discussing the proposal. The Commissioner of Social Services reported that they are meeting twice a month and they hope to have a concrete outlook in a couple of months. Legislator Karius reported on the Agricultural and Farmland Protection Board. The Legislature met with the Board=s hired consultant this evening. There will be a questionnaire going to farmers to ask what the County can do to make it a better business. Legislator Bleiler reported on the Management & Finance Committee. The JET training was finished in January, 1999 and the department heads along with Legislators will be planning the rest of the training for 1999 sometime in February. He was grateful to meet with all department heads and committee chairs to set goals for 1999. It was helpful to him to set his own goals as a Legislator. At the next department head meeting scheduled for Wednesday, February 17, 1999, there will be a discussion on the Management Confidential Salary Plan. Department heads will be asked to select persons to represent them on a sub committee that will be revising the plan. Legislator Larison reported on the Governmental Operations Committee. He informed the Legislators and public that there is a display in the chambers of the new NTS System and what it is all about. He also noted that the Keuka Hydraulic group will be holding its final meeting on February 15, 1999, at which time they should be able to complete their permit. Legislator Marvel reported on the Community Development and Natural Resources Committee. There were two public hearings held January 19, 1999 and February 1, 1999 on the Community Development Block Grant (CDBG) and the Canal Corridor Initiative (CCI) Grants. The deadline for those grants was Wednesday, February 3, 1999. Legislator Hastings requested that Chairman Gifford report on the Advisory Committee on Management Position for the public. Chairman Gifford reported that the ad hoc committee has given the Legislators and department heads a document to work with that contained their input and a revised duties statement for the County Administrator position for review. It is not complete at this time, some things may change. When the document is complete, it will then be made public. UNFINISHED BUSINESS: None. NEW BUSINESS: Chairman Gifford stated that he had two items to discuss. One item of business is to authorize the Chairman to send a letter to NYSDEC regarding the Catharine Creek dike problem. MOTION by Legislator Bleiler, SECOND by Legislator Little. Motion carried eight ayes to zero noes. The second item of business is to authorize the Chairman to send a letter to the Governor of the State of New York in regard to maintaining CHIPS funding. MOTION by Legislator Larison, SECOND by Legislator Hastings. Motion carried eight ayes to zero noes. Legislator Young felt the Legislature should also be writing to Albany about the Social Services computer system called Connections. She has heard nothing positive about the system. Unless action is taken, child welfare services could be compromised. Legislator Larison suggested that she take it up with her committee this month. PUBLIC PARTICIPATION: Bob Burnside said he was glad to see action being taken on CHIPS funding. He is not sure the public is aware of what it means to the County=s Highway Department. Some towns will also be hurt if the funding is cut. The meeting adjourned at 7:35 p.m. Gail M. Willis, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING MARCH 8, 1999 24 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE The 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 Little and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Casey Creamer asked about Resolution No. 65. He wanted to know what kind of a training program this was and what would be accomplished by this building. Legislator Hastings explained that the Mobile Work Crew (MWC) is constructing the building and will also be utilizing it. Legislator Young said it will be used to change oil and train the MWC participants. An adjoining building will also be built for the Sheriff=s department for storage. Mr. Creamer asked where the grant came from for this project. Legislator Young explained that it came from Social Services and said that other projects can also be done in this building. Bill Weiss added the funding is through the Work Now program. The Sheriff=s portion of the project is being funded by seized assets money. Tom Ryan asked where the County Administrator position stands. Chairman Gifford explained that one of the goals of the Legislature is what the next step will be in regard to that position. There is a Legislative Committee meeting scheduled for Wednesday to finish the goals. There is a job description that is still being revised. Mr. Ryan asked for a copy of the job description when it is finished. Legislator Bleiler said that department heads were asked for their input and they had some pros and cons to share. Legislator Hastings explained that if this position were to be put on the ballot and voted by the people, it would become stationary and would have to return to the ballot to be removed. She feels it is better and simpler to not have it on the ballot. Mr. Ryan expressed concern that the position will be locked in for four years. Chairman Gifford said that is not final yet. There are still some discussions going on in reference to that issue. George Eisman asked about the 8% sales tax issue and where does it stand. Chairman Gifford explained that Schuyler County=s request is in Albany to have legislation enacted and then it will come back to the Legislature for a vote. Mr. Eisman said that other motel owners have expressed to him their concern over this increase and feel that the room tax will also be raised. He also feels the room tax should be extended to Bed and Breakfast places, and will be requesting, in writing, that the Legislature consider this. RESOLUTION NO. 60 Motion by Hastings, Second by Little. RE: APPROVE MINUTES OF THE FEBRUARY 8, 1999 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the February 8, 1999 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 61 Motion by Little, Second by Marvel. RE: AUTHORIZE TRANSFER OF FUNDS AND PURCHASE OF EQUIPMENT - OFFICE FOR THE AGING WHEREAS, the Office for the Aging=s state program ends March 31st and there are funds available to help pay for the new van, a dishwasher and ice machine that are no longer operable, and a laptop computer if there are sufficient funds remaining, and WHEREAS, the aforementioned purchases are contingent upon the State of New York approving the Office for the Aging=s request for a budget amendment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers upon direction of the Office for the Aging Director that State approval has been granted: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $1,800 6772.440-Travel 6772.200-Equipment $2,000 6772.439-Communications 6772.200-Equipment $7,333 6772.490-Subcontracts 6772.200-Equipment $1,700 6772.490-Subcontracts 6772.100-Personnel (budget short for parttime Meal Deliverer previously authorized) VOTE: Passed 8-0. REGULAR MEETING - MARCH 8, 1999 25 RESOLUTION NO. 62 Motion by Little, Second by Marvel. RE: AUTHORIZE LETTER REQUESTING INCREASED FUNDING FOR THE NYS COMMUNITY SERVICES FOR THE ELDERLY AND NYS STATE EXPANDED IN-HOME SERVICES FOR THE ELDERLY PROGRAMS WHEREAS, the County of Schuyler has 19% of its total population aged 60 or older, and WHEREAS, the State funded programs for Community Services for the Elderly and Expanded In-Home Services for the Elderly Program have proved to be beneficial in enabling frail, isolated elderly to remain safely in their homes and communities and avoid inappropriate institutionalization and its high cost, and WHEREAS, in Schuyler County there are waiting lists for services provided by these programs, and WHEREAS, in the Governor=s proposed budget for state fiscal year 1999-2000 there are proposals that would require localities to provide additional share to accommodate state funding reductions for planning and implementation, and WHEREAS, such proposed funding changes have the net effect of reducing services in a time of increased need and demand for them. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby be on record to urge the Assembly and Senate of the State of New York to ensure an increase in the budgeted funds for the New York State Community Services for the Elderly and the New York State Expanded In-Home Services for the elderly programs to eliminate the reductions of past years, and provide an increase of at least $10 million to accommodate the erosion of funding and help meet current local needs, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized and directed to send letters to the Governor of the State of New York and Schuyler County=s state representatives urging their support for this funding. VOTE: Passed 8-0. RESOLUTION NO. 63 Motion by Little, Second by Marvel. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD WHEREAS, the Legislature is in receipt of the resignation from Philip Barnes as the Sheriff=s Department representative and Chairman of the Schuyler County Youth Board effective January 4, 1999, and WHEREAS, the Schuyler County Sheriff recommends this vacancy be filled by Matthew Maloney. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Matthew Maloney to the Schuyler County Youth Board effective immediately with a term ending December 31, 2001. VOTE: Passed 8-0. RESOLUTION NO. 64 Motion by Little, Second by Marvel. RE: AUTHORIZE APPOINTMENT TO THE ECONOMIC OPPORTUNITY PROGRAM BOARD OF DIRECTORS WHEREAS, the Economic Opportunity Program Board of Directors by-laws set forth that the Schuyler County Legislature by resolution shall designate one elected public official to serve on the Board, and WHEREAS, Legislator Ruth Youth is willing and eager to serve on said Board. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approve the appointment of Legislator Ruth Young to the Economic Opportunity Program Board of Directors effective immediately and terminating December 31, 1999. VOTE: Passed 8-0. RESOLUTION NO. 65 Motion by Little, Second by Marvel. RE: AUTHORIZE MOBILE WORK CREW BUILDING PROJECT ON HIGHWAY DEPARTMENT GROUNDS WHEREAS, the Schuyler County Department of Social Services Mobile Work Crew has an approved grant for vocational training in building trades skills, and WHEREAS, such training program will be accomplished by the erection of a building by Mobile Work Crew 26 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE trainees, and WHEREAS, such building will constitute an addition to the County Fixed Assets inventory. NOW, THEREFORE, BE IT RESOLVED, that the erection of a permanent structure at the location within the County Highway Department grounds be approved, subject to the siting of such building in coordination with appropriate officials of the Village of Watkins Glen, New York. VOTE: Passed 8-0. RESOLUTION NO. 66 Motion by Marvel, Second by Hastings. RE: AUTHORIZE TRANSFER OF FUNDS FOR TRAINING - PROBATION WHEREAS, there is a need in the Schuyler County Probation Department for the new Probation Officer to attend a minimum of three (3) weeks of training during her first year of employment, two (2) of which will be conducted in Albany, NY, and WHEREAS, it is believed that the County share of said training cost will be high, there not being enough funds in the training budget to cover said costs, and WHEREAS, there are sufficient funds in account number 3140.200 to offset some of these costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer all remaining funds from the equipment line items in Probation budget 3140 into account number 3140.409conference expense. VOTE: Passed 8-0. RESOLUTION NO. 67 Motion by Marvel, Second by Hastings. RE: APPROVAL OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) PLAN AND AUTHORIZATION OF CHAIRMAN TO SIGN SAID APPLICATION - PROBATION DEPARTMENT WHEREAS, Resolution No. 542-98 authorized the County of Schuyler to apply for and accept the funding for the Juvenile Accountability Incentive Block Grant (JAIBG) in the amount of $16,884, and WHEREAS, the County=s matching funds are available through the Runaway and Homeless Program of the Youth Bureau, and WHEREAS, the duly appointed planning committee prepared and submitted said plan through the Public Safety/Criminal Justice Committee of the Legislature and all appears to be in order. NOW, THEREFORE, BE IT RESOLVED, that the said Juvenile Accountability Incentive Block Grant (JAIBG) plan be approved, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said application; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 68 Motion by Marvel, Second by Hastings. RE: AUTHORIZE TRANSFER OF FUNDS FOR VIDEO EQUIPMENT - STOP DWI WHEREAS, the State of New York Governor=s Traffic Safety Committee authorized the use of $10,000 from Schuyler County=s Stop DWI Reserve account for the purpose of purchasing in-car camera video equipment, and WHEREAS, these cameras in the past have raised the rate of convictions for DWI offenses, improved officer safety, captured additional evidence, and documents an officer=s actions which could reduce potential liability. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $10,000 from the Stop DWI Reserve account to Stop DWI account no. 3315.272. VOTE: Passed 8-0. RESOLUTION NO. 69 Motion by Marvel, Second by Hastings. RE: AUTHORIZE USE OF SEIZED ASSETS FUNDS FOR SECURE STORAGE BUILDING - SHERIFF=S DEPARTMENT WHEREAS, it is necessary to have a secure storage area for investigative papers, as well as space to securely impound seized vehicles on fatality investigations, and WHEREAS, this Legislature has authorized the erection of a building on the County Highway Department REGULAR MEETING - MARCH 8, 1999 27 property through grant funds provided for the Mobile Work Crew building project. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to use Seized Asset monies to build a secure storage building in conjunction with the Mobile Work Crew building project. VOTE: Passed 8-0. RESOLUTION NO. 70 Motion by Marvel, Second by Hastings. RE: AUTHORIZE HIRING OF TEMPORARY CLERICAL HELP - SHERIFF=S DEPARTMENT WHEREAS, it might be necessary to hire additional help in the Sheriff=s Office during times of additional paper work and when the Sheriff=s Sr. Account Clerk Typist is off work on compensation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to hire a temporary Typist through Civil Service or through a temporary employment agency. VOTE: Passed 8-0. RESOLUTION NO. 71 Motion by Hastings, Second by Karius. RE: AUTHORIZE CONTRACT WITH THE STATE OF NEW YORK FOR BOARDING OF PRISONERS SHERIFF=S DEPARTMENT WHEREAS, the State Prison System is at maximum capacity, and WHEREAS, at times, there is cell space open at the Schuyler County Jail, and WHEREAS, sentenced state prisoners have to be housed at the County Jail until there is room in the State System. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with the State of New York to board state prisoners up to six months at a maximum rate of $100.00 per day; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 72 Motion by Hastings, Second by Karius. RE: AUTHORIZE OUT OF STATE TRAVEL FOR SR. INVESTIGATOR MICHAEL WOOD - SHERIFF=S DEPARTMENT WHEREAS, Sr. Investigator Michael Wood has been nominated to attend the Federal Bureau of Investigation=s National Law Enforcement Academy located in Quantico, Virginia, and WHEREAS, he has successfully met all of the Federal Bureau of Investigation requirements and qualifications for purposes of attending said National Law Enforcement Academy, and WHEREAS, the Federal Bureau of Investigation has accepted Sr. Investigator Michael Wood=s attendance at said National Law Enforcement Academy, and WHEREAS, the Schuyler County Legislative Public Safety and Criminal Justice Committee has unanimously approved his attendance at said National Law Enforcement Academy from 7/11/99-9/25/99. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes Sr. Investigator Michael Wood to travel outside of this state for purposes of attending the FBI National Academy. VOTE: Passed 8-0. RESOLUTION NO. 73 Motion by Hastings, Second by Karius. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERING FOR PHASE II WORK AT SENECA HARBOR PARK - BUILDINGS AND GROUNDS WHEREAS, the Public Works Committee has approved moving forward with Phase II of the development of Seneca Harbor Park, and WHEREAS, the next step would be an updated topographic survey of the site, development of the parking layout from Decatur Street west to the restrooms, designing the storm drainage system, and detailing the curbing, walkways, landscaping, and furniture layouts for the park. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the Chairman to sign a contract with Hunt Engineering for design and bid documents for Seneca Harbor Park in an amount not to exceed $9,750; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. 28 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 74 Motion by Hastings, Second by Karius. RE: ACCEPT PROPOSAL FROM BEAVER=S PETROLEUM EQUIPMENT COMPANY FOR THE REMOVAL AND DISPOSAL OF UNDERGROUND FUEL STORAGE TANKS LOCATED AT THE COUNTY HIGHWAY DEPARTMENT WHEREAS, the County Highway Department has three (3) underground fuel storage tanks not in compliance with USEPA regulations and the NYSDEC has health and safety concerns relating to contamination, and WHEREAS, the new Schuyler County Shared Fuel Facility is in full operation, and the obsolete underground tanks are no longer needed, and WHEREAS, upon review of the NYSDEC list for approved petroleum tank contractors for Region 8, the Highway Superintendent found Beaver=s Petroleum Equipment Co. was on that list and recommends accepting the quote from Beaver=s Petroleum Equipment Co. for $6,000, and WHEREAS, the removal of the underground tanks was included as an expense in the bonding authorized for the Shared Fuel Facility project. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the removal and disposal of three (3) underground fuel storage tanks by Beaver=s Petroleum Equipment Company in the amount of $6,000 to be paid from Capital account no. H5130.201. VOTE: Passed 8-0. RESOLUTION NO. 75 Motion by Hastings, Second by Karius. RE: RESOLUTION OF SUPPORT FOR STATE FUNDING OF SOIL & WATER CONSERVATION DISTRICTS WHEREAS, New York State Soil and Water Conservation Districts (SWCD=s) provide technical assistance, educational information and environmental protection on soil, water and related natural resources to residents and municipalities in New York State, and WHEREAS, the SWCD=s provide natural resource inventory, pond, stream, and wetland management, NYS DEC permitting assistance, drainage, erosion and sediment control, Agricultural Value Assessments, and Non-Point Source Pollution programs on a local level, and WHEREAS, the New York State Legislature omitted funding from the Environmental Protection Fund (EPF) which fully reimburses the local SWCD=s for their services, and WHEREAS, the New York State Legislature is currently considering legislation (A11318) which will reinstate funding to the EPF and fully reimburse the SWCD=s. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby support Assembly Bill 11318 and urges the members of the New York Legislature to pass such legislation restoring funding to the EPF, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby requests Governor Pataki and the New York State Legislature to introduce legislation which will reinstate the funding to the EPF and fully fund the reimbursement to the SWCD=s, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature is hereby authorized and directed to send a certified copy of this resolution to the Honorable George Pataki, Governor of the State of New York, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, Assembly Speaker Sheldon Silver, Senate Majority Leader Joseph Bruno, NYSAC and any other officials deemed appropriate. VOTE: Passed 8-0. RESOLUTION NO. 76 Motion by Karius, Second by Little. RE: AUTHORIZE APPOINTMENT TO THE ENVIRONMENTAL MANAGEMENT COUNCIL BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Robert Horton to the Schuyler County Environmental Management Council to represent the Town of Orange effective immediately with an ending term of 12/31/2000. VOTE: Passed 8-0. RESOLUTION NO. 77 Motion by Karius, Second by Little. REGULAR MEETING - MARCH 8, 1999 RE: 29 AUTHORIZE CONTRACT WITH BATEMEN THERAPY SERVICES FOR EARLY INTERVENTION SERVICES - PUBLIC HEALTH WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide Early Intervention services to eligible children from birth through two as required by the New York State Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Batemen Therapy Services at rates set by the New York State Department of Health; this contract is subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 78 Motion by Karius, Second by Little. RE: AUTHORIZE CONTRACT WITH PEDIATRIC PHYSICAL THERAPY & OCCUPATIONAL THERAPY SERVICES FOR EARLY INTERVENTION PROGRAM EVALUATION SERVICES - PUBLIC HEALTH WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide Early Intervention services to eligible children from birth through two as required by the New York State Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Pediatric Physical Therapy & Occupational Therapy Services at rates set by the New York State Department of Health; this contract is subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 79 Motion by Karius, Second by Little. RE: AUTHORIZE CONTRACT WITH JONEL M. ROBINSON FOR EARLY INTERVENTION PROGRAM SERVICES AND PRESCHOOL SPECIAL EDUCATION OCCUPATIONAL THERAPY SERVICES PUBLIC HEALTH WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide Early Intervention services to eligible children from birth through two as required by the New York State Department of Health, and WHEREAS, Schuyler County must provide occupational therapy to eligible preschool children according to Section 4410 of the Education Law, and WHEREAS, Jonel M. Robinson is a licensed occupational therapist and will provide these services to eligible preschool children. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Jonel M. Robinson to provide preschool Occupational therapy services, effective March 31, 1999 through June 30, 1999 at rates set by the New York State Department of Health; this contract is subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 80 Motion by Karius, Second by Little. RE: AUTHORIZE OUT OF STATE TRAVEL - PUBLIC HEALTH WHEREAS, as part of the New York State Association of County Health Officials (NYSACHO)=s 1999 Immunization Action Plan (AIP) grant, the New York State Department of Health has allocated funding for NYSACHO to sponsor one person from each consortia County to attend the National Immunization Conference, our IAP Coordinator is requested to attend the conference in Dallas, Texas, and WHEREAS, out of state travel requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that the Public Health IAP Coordinator be allowed to travel out of state to attend the aforementioned conference. The only cost for this will be for transportation to and from the airport, which will be reimbursed through the Immunization Grant Funding. 30 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE VOTE: Passed 8-0. RESOLUTION NO. 81 Motion by Karius, Second by Marvel. RE: AMEND RESOLUTION NUMBER 480-98 - AUTHORIZE TUITION REIMBURSEMENT - PUBLIC HEALTH WHEREAS, Resolution Number 480-98 authorizing the reimbursement of the tuition of approved and accredited courses completed by Public Health/Home Health employees, set forth an effective date of December 14, 1998, and WHEREAS, it was the intent by the Department Head and the Health Services Committee to have this policy retroactive to June of 1998. NOW, THEREFORE, BE IT RESOLVED, that Resolution Number 480-98 be amended to set forth an effective date of June, 1998 for above-referenced policy. VOTE: Passed 8-0. RESOLUTION NO. 82 Motion by Karius, Second by Marvel. RE: APPOINTMENT TO HEALTH SERVICES ADVISORY COMMITTEE AND PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH WHEREAS, it is desirous to appoint Michael Gehl to the Health Services Advisory Committee and the Professional Advisory Committee. NOW, THEREFORE, BE IT RESOLVED, that this Legislature appoints Michael Gehl to the Health Services Advisory Committee, with the term ending December 31, 2003 and the Professional Advisory Committee with the term ending December 31, 1999, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 83 Motion by Karius, Second by Marvel. RE: EARLY INTERVENTION DESIGNEE APPOINTMENTS - PUBLIC HEALTH WHEREAS, it is desirous to appoint the following individuals as Designees to the Early Intervention Program: Marcia Kasprzyk Michele Gimbar Camelia Oswald NOW, THEREFORE, BE IT RESOLVED, that this Legislature appoints the above as Designees to the Early Intervention Program, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 84 Motion by Karius, Second by Marvel. RE: RESOLUTION SUPPORTING THE ADOPTION OF AN EXCISE TAX ON TOBACCO PRODUCTS IN THE STATE OF NEW YORK WHEREAS, the Schuyler County Legislature is urging the Legislature of the State of New York to enact an excise tax on tobacco products, and WHEREAS, the revenues generated by this proposed tax will be used for tobacco control programs at the County level and for the provision of medical insurance for uninsured children, and WHEREAS, such a tax would provide much needed funds to eliminate the public health threat arising from the obtaining and use of tobacco products by minors less than 18 years of age and the addiction arising therefrom. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does by the adoption of this Resolution, support and endorse the seeking an excise tax on tobacco products in the State of New York, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature be and hereby is directed to send a certified copy of this Resolution to the Honorable George E. Pataki, Honorable James Bacalles, and the Honorable John R. Kuhl, Jr., Honorable Kemp Hannon, Chairman of the Senate Health Committee, and Honorable Richard N. Gottfriend, Chairman of the Assembly Health Committee. VOTE: Passed 8-0. RESOLUTION NO. 85 Motion by Karius, Second by Marvel. REGULAR MEETING - MARCH 8, 1999 RE: 31 AUTHORIZE CONTRACT WITH JET FOR MANAGEMENT TRAINING FOR 1999 WHEREAS, the 1999 budget includes $4850.00 in Legislative account number 1010.459 for management level training, and WHEREAS, the Management and Finance Committee has approved the expenditure of these funds to contract for 485 hours of classroom training or equivalent services at $10.00 per hour with JET, Inc. from March 1, 1999 through February 29, 2000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with JET, Inc. for the provision of 485 hours of classroom training for Schuyler County employees for the term 3/1/99-2/29/2000 at a cost not to exceed $4,850; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 86 Motion by Little, Second by Hastings. RE: DECLARE EQUIPMENT JUNK B PROBATION DEPARTMENT WHEREAS, the Probation Department has one (1) non-OSHA approved, un-usable, un-repairable Steel case vinyl chair with arms which has been replaced with the approved five (5) caster chair, and WHEREAS, the Probation Department has two (2) secretarial chairs which are non-OSHA approved with only four (4) casters as opposed to the required five (5), which have been replaced with the approved five (5) caster chairs, and WHEREAS, the Probation Department has a Norcom Transcriber that is inoperable and has been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the following equipment as junk: $ Steel case vinyl chair with arms $ Two (2) secretarial chairs $ Norcom Transcriber, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said equipment and dispose in the proper manner. VOTE: Passed 8-0. RESOLUTION NO. 87 Motion by Little, Second by Hastings. RE: DECLARE EQUIPMENT JUNK B TREASURER=S OFFICE WHEREAS, the Treasurer=s Office has an old defective Data General terminal (S/N GG476409), and WHEREAS, the terminal will no longer be used with the Treasurer=s network, as it will be replaced with a Windows based desktop PC. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said terminal as junk, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said terminal and dispose in the proper manner. VOTE: Passed 8-0. RESOLUTION NO. 88 Motion by Little, Second by Hastings. RE: DECLARE EQUIPMENT SURPLUS B BOARD OF ELECTIONS WHEREAS, the Board of Elections has twenty-nine (29) outdated 13@x16@ registration binders, and WHEREAS, the mentioned binders have been replaced by the NTS digital computer program. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said registration binders as surplus, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said binders to storage for sale in the 1999 County auction. VOTE: Passed 8-0. RESOLUTION NO. 89 Motion by Little, Second by Hastings. RE: DECLARE EQUIPMENT SURPLUS B MENTAL HEALTH 32 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, the Mental Health Department has a Xerox 5028 copier (S/N 71P207929) with duplexer (S/N 000234840SJ), sorter, stand and two (2) dry ink cartridges and one (1) copy cartridge, and WHEREAS, said copier is noted not to be in working order and has been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said Xerox copier surplus, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said Xerox copier to storage, marked AIN NEED OF REPAIR@, for inclusion in the 1999 County auction. VOTE: Passed 8-0. RESOLUTION NO. 90 Motion by Little, Second by Hastings. RE: RESOLUTION OPPOSING FUNDING CUTS IN THE CONSOLIDATED LOCAL HIGHWAY IMPROVEMENT PROGRAM WHEREAS, in the Governor=s 1999-2000 budget proposal there is a proposed reduction of $26 million dollars in the Consolidated Local Highway Improvement Program (CHIPS), and WHEREAS, Schuyler County, as with other Counties in New York State, will be greatly affected by this partial loss of a capital funding source, and WHEREAS, with this setback of proposed funding there continues a severe funding deficiency on the local infrastructure, and WHEREAS, Schuyler County taxpayers cannot continually finance necessary highway and bridge repairs, and additional State assistance is needed. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby goes on record opposing the Governor=s proposed reduction in CHIPS funding in the 1999-2000 State budget, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send certified copies of this resolution to Governor George E. Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, NYSAC and any other officials deemed appropriate. VOTE: Passed 8-0. RESOLUTION NO. 91 Motion by Little, Second by Young. RE: APPROVE APPLICATION FOR CORRECTION OF TAX ROLL-TYRONE-NYSEG TAX MAP NUMBERS 555.801-6000, 555.801-6000-1, 555.801-6000-2, AND 555.801-6000-3 WHEREAS, application has been made in accordance with Section 554 of the Real Property Tax Law, and WHEREAS, the assessors failed to place the State certified 1998 Special Franchise Assessments on the 1998 Final Assessment Roll, and WHEREAS, the above error constitutes an unlawful entry as defined in Section 550 of the Real Property Tax Law, and WHEREAS, it is the recommendation of the County Real Property Tax Director and the Governmental Operations Committee that the application be approved. NOW, THEREFORE, BE IT RESOLVED, that the 1999 Town and County Tax Roll be amended to reflect the correct assessments and that the Real Property Tax Department furnish the County Treasurer with corrected tax bills for the above referenced parcels to be mailed to NYSEG, and BE IT FURTHER RESOLVED, that the Tax Warrant for the Town of Tyrone be reduced by $259.39, as set forth below: Tax Map Number Assessment County Tax Town Tax Fire District Total Amount 555.801-6000 Original Bill 356,990 $3,587.64 $1,179.66 $509.66 $5,276.96 Corrected Bill 345,002 $3,467.16 $1,140.04 $492.55 $5,099.75 Reduction 11,988 $ 120.48 $ 39.62 $ 17.11 $ 177.21 555.801-6000-1 Original Bill 89,248 $ 896.91 $ 294.92 $ 90.65 $1,282.48 33 REGULAR MEETING - MARCH 8, 1999 Corrected Bill Reduction 86,250 2,998 $ 866.78 $ 30.13 $ 285.01 $ 9.91 $ 87.61 $ 3.04 $1,239.40 $ 43.08 555.801-6000-2 Original Bill Corrected Bill Reduction 47,249 45,662 1,587 $ 474.84 $ 458.89 $ 15.95 $ 156.13 $ 150.89 $ 5.24 $ 67.46 $ 65.19 $ 2.27 $ 698.43 $ 674.97 $ 23.46 555.801-6000-3 Original Bill Corrected Bill Reduction 31,499 30,441 1,058 $ 316.55 $ 305.92 $ 10.63 $ 104.09 $ 100.59 $ 3.50 $ 44.97 $ 43.46 $ 1.51 $ 465.61 $ 449.97 $ 15.64 Tyrone Fire District $ 20.89 Wayne Fire District $ 3.04 Total Reduction $ 177.19 $ 58.27 $ 23.93 $ 259.39 VOTE: Passed 8-0. RESOLUTION NO. 92 Motion by Little, Second by Young. RE: AMEND TOWN OF HECTOR TAX ROLL FOR PROPERTY PURCHASED BY THE UNITED STATES GOVERNMENT - TAX MAP NUMBER 3.-1-1 WHEREAS, the United States Government has purchased a portion of tax map number 3.-1-1 in the Town of Hector which was recorded in the County Clerk=s Office on 10/14/98 in Liber 318, page 338, and WHEREAS, Section 558 of the Real Property Tax Law requires the cancellation of any tax liens which are not enforceable against property of the United States and allows for the charge back of the town tax to the appropriate entity. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to cancel the County tax levied after the recording of the deeds on the above listed parcel in the amount of $104.38 and charge back the Town of Hector its portion of the tax in the amount of $46.30. A copy of this resolution to be sent to the Town of Hector Clerk/Tax Collector. Owner & Tax Map # Assessment County Tax Town Tax Fire District Total Amount Original Bill Brown, Edwin, Joann & William Acres 27.13 TM# 3.-1-1 29,600 $300.84 $ 94.52 $ 38.91 $434.27 Corrected Bills Brown, Edwin, Joann & William Acres-15.23 TM# 3.-1-1.1 19,330 $196.46 $ 61.72 $ 25.41 $283.59 United States of America Acres-11.90 TM# 3.-1-1.2 10,270 $104.38 $ 32.80 $ 13.50 $150.68 VOTE: Passed 8-0. RESOLUTION NO. 93 Motion by Little, Second by Young. RE: APPOINTMENT - RECORDS MANAGEMENT ADVISORY BOARD BE IT RESOLVED, that the Schuyler County Legislature approves the appointment Kathy Walruth to the Records Management Advisory Board effective immediately with no ending term. VOTE: Passed 8-0. RESOLUTION NO. 94 Motion by Little, Second by Young. 34 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE DESIGNATE RECORDS MANAGER POSITION TO THE LEGISLATIVE OFFICE WHEREAS, Resolution No. 87-98 appointed the Deputy Clerk of the Legislature as Records Management Officer, and WHEREAS, the prior Records Management Officer was also the County Clerk who resigned December 31, 1997, and WHEREAS, there is a need to transfer the position of Records Manager from the County Clerk=s Office to the Legislative Office so that it is understood that the Deputy Clerk of the Legislature will be supervising that position out of the Legislative Office. NOW, THEREFORE, BE IT RESOLVED, that the position of Records Manager will now be classified in civil service as being part of the Legislative Office retroactive March 9, 1998. VOTE: Passed 7-1. No: Hastings. RESOLUTION NO. 95 Motion by Little, Second by Young. RE: RESOLUTION OPPOSING FUNDING CHANGES TO THE ECONOMIC OPPORTUNITY PROGRAM OF CHEMUNG AND SCHUYLER COUNTIES WHEREAS, the Division of Housing and Community Renewal (DHCR) is a state agency that distributes federal funding for Energy Services Bureaus that operate local Weatherization Programs and handles no-heat situations for low-income residents, and WHEREAS, the Economic Opportunity Program (EOP) serves the citizens of both Chemung and Schuyler counties in this regard, and WHEREAS, the DHCR has proposed to increase funding to the larger populated areas of the state from 20% to 40% and is decreasing the funding to the smaller rural area subgrantee=s by the same percentages, and WHEREAS, this reduction in funding would reduce the service period from 1 year to 7-8 months and will cause additional reductions in an already insufficient staffing level, and WHEREAS, without adequate funding and staff, the Weatherization Program in Chemung and Schuyler counties is in jeopardy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby goes on record opposing the Division of Housing and Community Renewal=s proposed changes in funding distribution to the Energy Services Bureaus throughout the State, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send certified copies of this resolution to Governor George E. Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, NYS Commissioner of Housing Joseph Lynch and J. Delaine Jones, Director of Energy Service Bureau with DHCR. VOTE: Passed 8-0. RESOLUTION NO. 96 Motion by Little, Second by Karius. RE: AUTHORIZE OUT OF STATE TRAVEL - LEGISLATURE WHEREAS, as a member of the Southern Tier Central Regional Planning & Development Board of Directors, the Chairman of the Legislature is required at times to travel to Washington, D.C., at no cost to the County, and WHEREAS, out of state travel requires legislative approval. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be allowed to travel out of state to attend business as referenced above for the time period March 13-16, 1999. VOTE: Passed 8-0. RESOLUTION NO. 97 Motion by Little, Second by Karius. RE: AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TANDEM AXLE TRUCK FOR THE HIGHWAY DEPARTMENT WHEREAS, the County Highway Superintendent has recommended the replacement of a 1975 tandem axle truck, and WHEREAS, there is money appropriated in the 1999 budget for the purchase of a truck. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to set REGULAR MEETING - MARCH 8, 1999 35 specifications and advertise for bids for the purchase of a tandem axle truck. VOTE: Passed 8-0. RESOLUTION NO. 98 Motion by Little, Second by Karius. RE: AUTHORIZE CONTRACT WITH MATSON AUCTION AND REAL ESTATE - TREASURER WHEREAS, the Treasurer=s Office has been in contact with Matson Auction and Real Estate to handle the 1999 Tax Sale Auction at a future date to be determined by mutual agreement between the County and the auctioneer, and WHEREAS, Matson Auction and Real Estate has agreed to add services for photographs and posting of signs at no additional cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement with Matson Auction and Real Estate for auctioneer services for the year 1999; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. WITHDRAWN RE: AUTHORIZE COUNTY TREASURER TO CHARGE PENALTY FOR REMOVAL OF FOREST FROM FOREST PLAN RESOLUTION NO. 99 Motion by Larison, Second by Hastings. RE: MOTION TO BRING ONE (1) EMERGENCY RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) emergency resolution be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 100 Motion by Little, Second by Marvel. RE: A RESOLUTION TO PROVIDE NOTICE OF A SECOND PUBLIC HEARING ON THE PROPOSAL TO CREATE AN AGRICULTURAL DISTRICT COMPRISING CERTAIN LANDS IN THE TOWNS OF TYRONE, READING, ORANGE, AND DIX TO BE KNOWN AS SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 WHEREAS, the Schuyler County Legislature was presented petitions on October 14, 1997 in support of a proposal to create an agricultural district pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State comprising certain lands in the Towns of Tyrone, Reading, Orange, and Dix, to be known as Schuyler County Agricultural District #2, and WHEREAS, The New York State Agricultural Districts Law, enacted in 1971, has been the state's most effective tool for maintaining lands in agriculture and which recognizes that agricultural lands are an important and irreplaceable resource, that they are being lost due to development, high costs of doing business, and regulatory restraints, and that certain actions can be taken to retain lands in agriculture, and WHEREAS, the Schuyler County Legislature provided for an initial public comment period which ran from 10/22/97 to 11/21/97 and subsequently advertised for and conducted a public hearing regarding the proposed district on February 19, 1998 at which time comments were received that additional lands should be included in the proposed district, and WHEREAS, the staff of Cornell Cooperative Extension of Schuyler County and of the Schuyler County Soil and Water Conservation District further studied the matter and developed a proposed modification to the original agricultural district proposal, and WHEREAS, the original Agricultural District #2 proposal together with the proposed modifications were presented to the Schuyler County Legislature on May 11, 1998, at which time the agricultural district plan was adopted, and WHEREAS, said plan was forwarded to the NYS Commissioner of Agriculture and Markets for certification pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State, which certification was approved by letter on March 4, 1999 by the Commissioner, and WHEREAS, a second public hearing on the creation of Agricultural District #2 is required due to the modifications made and adopted by the Legislature subsequent to the first public hearing. 36 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Schuyler County Legislature will conduct a public hearing on the approved modification to the Agricultural District #2 proposal on Thursday, March 25, 1999 at 6:00 P.M. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY. 2. The Clerk of the Legislature shall ensure that the notice of public hearing is published as required and mailed to all owners of real property proposed to be included within the modification of the proposed district, to those municipalities whose territory encompasses the modification of the proposed district, to the Commissioner of Agriculture and Markets, to the Commissioner of Environmental Conservation, and to the Secretary of State and the Advisory Council on Agriculture as specified and required by Article 25AA of the Agriculture and Markets Law of New York State. Said mailings will be accomplished primarily through the contracted services of Cornell Cooperative Extension of Schuyler County as previously agreed. The mailing may include additional information at the discretion of Cooperative Extension which will assist property owners in better understanding the agricultural district program generally and this proposal specifically. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Hastings reported on the Catharine Valley Hiking Trail. There will be a public hearing held at 7:00 p.m. on May 20, 1999 at the Watkins Glen High School. She also talked about attending the NYSAC conference. While there she attended a conference on alternatives to juvenile offenders. When they listened to the variety of speakers, it was interesting to hear some say that the State is in bad shape and some say that the State is in good shape. She brought back some resolutions that passed, she will leave them in the chambers for review. Legislator Little reported on the Public Works Committee. He explained the resolution on CHIPS funding. This decrease in funding not only affects the County, it also affects the towns. He suggests a letter writing campaign and phone calls. He encourages anyone to write or call Governor Pataki. Legislator Young reported on the Human Services Committee. She is concerned that the Youth Bureau funds will be cut at the State level. Legislator Bleiler reported on the Management and Finance Committee. He is pleased with the JET training. The last meeting had eighteen management employees and three Legislators present. Everyone agreed to continue with training for the year. The next session will be held Thursday, March 25, 1999 in the morning to discuss merging all of the goals for training. We will try to make it a uniform approach for 1999. He also said that the Management Confidential Salary Plan is under review. A sub committee of Legislators and management employees have been appointed to review the plan. Legislator Larison reported on the NYSAC conference. He is also concerned about the CHIPS funding. There are 488 million dollars from the highway use tax that would support this program. Taxpayers need to write to their representatives and request highway use tax for highways. Legislator Marvel reported on the Community Development and Natural Resources Committee. The County finally signed the grant for the Seneca Daysails project in the amount of $45,000. There will be some monies through HUD for low interest loans. UNFINISHED BUSINESS: None. NEW BUSINESS: Motion out of the Public Safety/Criminal Justice Committee to have the Chairman of the Legislature write a letter of support to STREMAC in regards to the service provided by the Schuyler County Ambulance Corps. MOTION by Legislator Bleiler to have the Chairman of the Legislature write a letter of support to STREMAC in regards to the service provided by the Schuyler County Ambulance Corps., SECOND by Legislator Young. Legislator Bleiler explained that the Public Safety/Criminal Justice Committee had a meeting with the Ambulance Corps, Schuyler Hospital=s CEO Bob Mincemoyer and Dr. Klick. He feels there is no reason why the County can not recognize the volunteers in our County. If the County had to pay for a professional ambulance service it would be paying an awful lot more than they are now. This letter will tell their governing body that the standards they set for our corps is greater than those of professional services. Motion carried eight ayes to zero noes. 37 PUBLIC HEARING - MARCH 25, 1999 Chairman Gifford reminded the Legislators that there is a Legislative Committee meeting scheduled for March 10, 1999 at 3:30 p.m. to finish the Legislative goals for 1999. CERTIFICATE OF RECOGNITION AWARD TO LOUISE STILLMAN: Chairman Gifford read the certificate aloud to Louise=s brother, Mr. Louie Vickio, and asked that he pass the certificate along to Louise. PUBLIC PARTICIPATION: George Eisman asked about Resolution No. 71, regarding boarding state prisoners. He asked if this is something that the taxpayers should be aware of. Legislator Bleiler explained that these inmates would be nonviolent. Legislator Hastings added that the Sheriff has budgeted a certain amount of revenue for boarding of prisoners and needs to utilize these cells. County Attorney Coleman explained that it is not allowable for us to take in violent offenders. The meeting adjourned at 7:26 p.m. Gail M. Willis, Clerk Stacy B. Husted, Deputy Clerk PUBLIC HEARING MARCH 25, 1999 The Public Hearing on Agricultural District #2 was called to order by Chairman Gifford at 6:06 p.m. Legislators Hastings, Young, Bleiler and Larison were present. Legislators Little, Karius and Marvel were absent. John Czamanske, Cooperative Extension Planner, explained that the initial proposal to create Agricultural District #2 was started right after the establishment of Agricultural District #1 in 1995. After a hiatus, they began work on the database and received the required petition in 1997. In October of 1997, the petitions were submitted to the Legislature. In February of 1998, the first public hearing was held wherein comments were made, including the comment that some parcels were not included. Subsequent to tonight=s public hearing, Elaine Dalrymple and himself identified the parcels to be included. John then prepared an informal mailing to the 50+ proposed added landowners. Following that, the database, map and plan were presented to the Legislature in May of 1998 and approved. All the final documents were then sent to NYS Department of Agriculture & Markets for approval. John noted that the County just received certification of Agricultural District #2 earlier this month. Due to the wording of the law, a second public hearing is required because of the added parcels. Bob Chadeayne, representing the Schuyler County Farm Bureau, stated that the Bureau consists of 186 family members and is very supportive of this district. He strongly urged the Legislature to move forward and adopt the District. He also supports the District as a property owner and farmer within the District. He thinks it is a wise approach to preserving farm land. Chairman Gifford asked about the time line for adoption of the appropriate resolution and it was noted that it will be on the April 12, 1999 Regular Meeting Agenda of the Legislature. Legislator Hastings congratulated John and Elaine on the certification and commended them for their hard work. Ben Dickens feels the District will afford better protection as far as farm laws are concerned. Charlie Fausold, Director of Cornell Cooperative Extension, noted that Southern Tier Central Regional Planning and Development Board had a seminar on agricultural districts. Chemung and Steuben Counties have real scattered districts. Schuyler County was held up as a model district. The Public Hearing adjourned at 6:13 p.m. Gail M. Willis, Clerk REGULAR MEETING APRIL 12, 1999 The Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman 38 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Gifford. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Judith Hatsell, a homeowner on County Route 17, requested that the Legislature contact the NYS Department of Transportation (DOT) to discuss State Route 414 and its nine-ton truck limit. County Route 17 is more dangerous now that trucks over nine tons are using it rather than State Route 414. There is a large turn at the foot of the hill. She has nearly been hit twice. She has spoken with Mr. Funk and someone at the Hornell Office. There is currently a five-ton weight limit on County Route 17 and trucks are way beyond that limit. Tom Viglione said he also lives on County Route 17. He gave some history and reports of accidents that have occurred there. In the past few years the County Highway Department has been the worst offender. The speed limit has been reduced on Route 329, but from the top of Route 17 to the stop sign at the bottom of the hill the speed limit is 55. Kathleen Trader said she lives in the Village of Watkins Glen. She feels that traffic has increased at the intersection of Routes 329 and 419 near the State Park. There are speed limits and stop signs, but the weight of the trucks seems to be the biggest problem. Legislator Little said he just talked to the Highway Superintendent, Greg Mathews, today regarding this issue. He explained that the County is in a position, because the State DOT has just recently denied the County access to State Route 414. He agrees the truck traffic needs to be limited. He estimates that Greg is sparing in passing out permits, and tickets have been issued in an attempt to stop it. Legislator Hastings feels the Legislature should have a meeting with the State DOT and asked the Public Works Committee to see that this is arranged. PRESENTATION BY THE SOUTHERN TIER TOBACCO AWARENESS COALITION: The speakers were Loretta Casey-Sutherland, Margaret Collins and Holley Widanka. Holley said she has been very involved with this coalition. She stated that the proposal for a law to disallow smoking has been successful. Livingston County has passed a local law that will become effective this summer and there is one pending in Wayne County. For the new Legislators, she re-iterated some figures and statistics. She then talked about second-hand smoke and non-smoking sections in restaurants. This is done to protect people, not to restrict or eliminate smokers. When a County is considering such policies, it should not be limited to only restaurants. She also discussed smoking in the workplace. Margaret Collins commended Schuyler County for thinking big, if they should let this proposal move forward. Some arguments against this that they have heard are doubts on the credible studies done on second-hand smoke and its link to heart disease. The second issue you will hear is the negative impact on business. There are no studies that have proven that. The third issue is one of opinion. Some feel there is already too much government intervention however, this is a public health issue and the public demands that the government should protect them. Finally, some feel the counties should wait for the State or Federal Government to adopt some regulations before local governments consider them. She feels this should be passed at a local level. Legislator Karius stated that this issue will be discussed in the Health Services Committee meeting this month. RESOLUTION NO. 101 Motion by Hastings, Second by Karius. RE: APPROVE MINUTES OF THE MARCH 8, 1999 REGULAR MEETING AND MARCH 25, 1999 PUBLIC HEARING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the March 8, 1999 Regular Meeting and March 25, 1999 Public Hearing of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 102 Motion by Hastings, Second by Little. RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: REGULAR MEETING - APRIL 12, 1999 39 B.R. DeWitt, Inc. 6895 Ellicott Street Pavilion, NY 14525, and BE IT FURTHER RESOLVED, that the following bid be rejected: Dalrymple Gravel & Contracting Co. 2105 S. Broadway Pine City, N.Y. 14871 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 103 Motion by Hastings, Second by Little. RE: AUTHORIZE APPLICATION AND CONTRACT FOR FY98 LAW ENFORCEMENT BLOCK GRANT FUNDS - SHERIFF WHEREAS, grant monies have been made available by the Bureau of Justice Assistance and the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County Sheriff=s Department in funding mobile computer capabilities which are compatible with NYS software applications utilized by said Department. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County Sheriff to submit a grant application for FY98 Local Law Enforcement Block Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $49,389.00, including a 10% money match obligation, funded in the Sheriff=s 1999 budget; said documents subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 104 Motion by Hastings, Second by Little. RE: RE-APPOINTMENT TO LOCAL CONDITIONAL RELEASE COMMISSION WHEREAS, Ronald G. Alexander was appointed to serve on the Local Conditional Release Commission for a period of four (4) years pursuant to Resolution No. 172 of 1991 and was re-appointed for the period of four (4) years, to expire on April 14, 1999 and WHEREAS, Mr. Alexander is willing to continue serving on said Commission. NOW, THEREFORE, BE IT RESOLVED, Ronald G. Alexander be re-appointed to serve on the Local Conditional Release Commission for a term of four (4) years commencing on April 15, 1999 and terminating on April 14, 2003. VOTE: Passed 8-0. RESOLUTION NO. 105 Motion by Little, Second by Marvel. RE: AUTHORIZE CONTRACT RENEWAL WITH THE VILLAGE OF MONTOUR FALLS - SHERIFF=S DEPARTMENT WHEREAS, the County of Schuyler (Sheriff=s Department) has been contracting with the Village of Montour Falls for extra police protection, and WHEREAS, the Village of Montour Falls wishes to contract again for these services for 1999. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Schuyler County Sheriff are hereby authorized to sign an agreement with the Village of Montour Falls for police services for the term 6/1/99-10/31/99 in an amount not to exceed $6,240.00 unless extended by the Village of Montour Falls; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 106 Motion by Little, Second by Marvel. RE: AUTHORIZE TRANSFER OF FUNDS FOR PERMANENT IMPROVEMENTS - HIGHWAY WHEREAS, the Highway Superintendent has recommended that the County Route 6 reconstruction project be delayed, and 40 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, the Highway Superintendent further recommends transferring this money to begin the County Route 19 Bridge Replacement project and budget the County Route 6 project in Year 2000 if needed. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $132,000 from Permanent Improvement, Reconstruction County Route 6, account no. 5112.569 to County Route 19 Bridge Replacement, account number 5120.569. VOTE: Passed 8-0. RESOLUTION NO. 107 Motion by Little, Second by Marvel. RE: AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION OF COUNTY ROAD #19 BRIDGE, NORTH OF COOLEY ROAD WHEREAS, Schuyler County accepted a proposal for engineering services for County Road #19 bridge replacement over Tributary to Falls Creek, Town of Dix, and WHEREAS, it is now necessary to advertise for bids for construction of the same. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to advertise for bids for the construction of County Road 19 Bridge, and BE IT FURTHER RESOLVED, that bids will be opened at the April 29, 1999 Public Works Committee meeting. The County of Schuyler reserves the right to accept or reject any and all bids. VOTE: Passed 8-0. RESOLUTION NO. 108 Motion by Karius, Second by Larison. RE: AMEND CONTRACT FOR NYSDOH LEAD POISONING PREVENTION PROGRAM GRANT AND ESTABLISH 1999-2000 BUDGET - PUBLIC HEALTH WHEREAS, Schuyler County has a contract with the New York State Department of Health for its Childhood Lead Poisoning Prevention Program Grant from April 1, 1995 through March 31, 2000, and WHEREAS, the Department of Health was awarded $25,000 for the fifth year of this grant contract, from April 1, 1999 through March 31, 2000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an amendment to the agreement with the New York State Department of Health for the Childhood Lead Poisoning Prevention Program Grant from April 1, 1999 through March 31, 2000, in the amount of $25,000; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the 1999 - 2000 budget be established as follows: $11,780 to account no. 4010.100-4062 - Personal Services $ 4,000 to account no. 4010.208-4062 - Computer Equipment $ 300 to account no. 4010.429-4062 - Supplies $ 300 to account no. 4010.433-4062 - Postage $ 100 to account no. 4010.440-4062 - Travel $ 300 to account no. 4010.472-4062 - P.R., Brochures $ 7,220 to account no. 4010.489-4062 - Fringe Benefits $ 1,000 to account no. 4010.579-4062 - Lead Testing $25,000 TOTAL EXPENSES VOTE: Passed 8-0. RESOLUTION NO. 109 Motion by Karius, Second by Larison. RE: AMEND 1999 COUNTY BUDGET B MENTAL HEALTH WHEREAS, additional funding has been approved for the Schuyler County Mental Health Clinic, and the following budget modifications are required. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to create the following accounts: REVENUE Federal Salary Sharing Funds 4310-4490-4315 $57,640 EXPENSES REGULAR MEETING - APRIL 12, 1999 41 Equipment 4310.200-4315 $35,000 Professional Services 4310.435-4315 $22,640, and BE IT FURTHER RESOLVED, that this Legislature authorizes the expenditures of these new funds. VOTE: Passed 8-0. RESOLUTION NO. 110 Motion by Karius, Second by Larison. RE: AMEND ALCOHOLISM SERVICE PROVIDERS 1999 AGREEMENTS - MENTAL HEALTH WHEREAS, additional funding has been approved for the Finger Lakes Alcoholism Counseling and Referral Agency and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., and the following agreement and budget modifications are required. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services be hereby authorized to execute an amendment to the agreement with Finger Lakes Alcoholism Counseling and Referral Agency, Inc. and Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes Inc., for the amount outlined below, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be authorized to approve such amended agreement, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this Legislature authorizes the Schuyler County Treasurer to amend the 1999 County budget accordingly as follows: REVENUE State Funds 4322-3490 $25,000 EXPENSES Finger Lakes Alcoholism Counseling and Referral Agency 4322.0336 $ 7,900 Council on Alcoholism & Other Chemical Dependencies of the Finger Lakes, Inc. 4322.0550 $17,100 VOTE: Passed 8-0. RESOLUTION NO. 111 Motion by Karius, Second by Young. RE: AMEND 1998 COUNCIL ON ALCOHOLISM & OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES, INC. AGREEMENT - MENTAL HEALTH WHEREAS, additional funding has been approved for the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., and the following agreement and budget modifications are required. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services is hereby authorized to execute an amendment to the agreement with the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes Inc., for the amount outlined below, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be authorized to approve such amended agreement, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this Legislature authorizes the Schuyler County Treasurer to amend the 1998 County budget accordingly as follows: REVENUE State Funds 4322-3490 $ 7,200 EXPENSES Council on Alcoholism & Other Chemical Dependencies of the Finger Lakes, Inc. 4322.0550 $ 7,200 VOTE: Passed 8-0. RESOLUTION NO. 112 Motion by Karius, Second by Young. RE: DECLARE APRIL AS AALCOHOL AWARENESS MONTH@ WHEREAS, the consumption of alcohol and other drugs often results in enormous personal, economic and social consequences for many individuals, and WHEREAS, it is essential that a full range of appropriate and needed alcoholism and substance abuse treatment and prevention services remain available and accessible in the community, providing a continuum of quality programming in a cost-efficient and effective manner for addicted persons, family members and others at risk. 42 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that this Legislature extends its recognition and appreciation to all the staff at the Finger Lakes Addictions Counseling and Referral Agency and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for the important and dedicated services they provide, and BE IT FURTHER RESOLVED, that this Legislature recognizes April as AAlcohol Awareness Month@. VOTE: Passed 8-0. RESOLUTION NO. 113 Motion by Karius, Second by Young. RE: AUTHORIZE CREATION AND FILLING OF TWO SENIOR STAFF SOCIAL WORKERS B MENTAL HEALTH WHEREAS, the need exists to create two Senior Staff Social Worker positions in the Schuyler County Mental Health Department, and WHEREAS, both individuals have picked up additional duties with the absence of a Supervising Social Worker, and WHEREAS, upon the successful filling of these positions, the two Staff Social Worker positions would be abolished, and WHEREAS, there is adequate funding in the departmental budget to cover these increases. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services be authorized to create and fill two Senior Staff Social Worker positions, Grade Level XXIX, at an hourly rate of $17.73, effective immediately, and BE IT FURTHER RESOLVED, that upon the successful filling of the two Senior Staff Social Worker positions, the two Staff Social Worker positions will be abolished. VOTE: Passed 8-0. RESOLUTION NO. 114 Motion by Little, Second by Marvel. RE: AUTHORIZATION TO FILL HALF-TIME REGISTERED PROFESSIONAL NURSE POSITION PUBLIC HEALTH WHEREAS, Resolution No. 366-85 requires Legislative action to fill a position which has been vacant more than 90 days. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Public Health to fill a vacant half-time Registered Professional Nurse Position in Public Health, Grade Level XXIII, at an hourly rate of $13.40, effective immediately. Funding for this position is available in the 1999 County budget. VOTE: Passed 8-0. RESOLUTION NO. 115 Motion by Little, Second by Marvel. RE: AUTHORIZE PURCHASE OF DATACRON SYSTEM - PUBLIC HEALTH WHEREAS, the Public Health/Home Health Agency is in need of upgrading their current computer billing system, and WHEREAS, the Datacron System is the Management Information System (MIS) which the SAY Network (Schuyler, Steuben, Allegany, Yates Counties Network) has selected, and WHEREAS, this system appears to be the system that best meets the need of the department currently, and WHEREAS, funding for the same is available in the 1999 County budget in the amount of $48,500 in account no. 4010.278. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the purchase of the Datacron System by the Public Health/Home Health Agency in an amount not to exceed $64,000, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Datacron System for the above-referenced software, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Treasurer be authorized to transfer the following funds in the 1999 County Budget as follows: FROM ACCOUNT NO. TO ACCOUNT NO. AMOUNT 4010.468 4010.278 $7,500 REGULAR MEETING - APRIL 12, 1999 43 4010.435 4010.278 $5,000 4010.429 4010.278 $2,000 4010.407 4010.278 $1,000 VOTE: Passed 8-0. RESOLUTION NO. 116 Motion by Little, Second by Marvel. RE: APPOINTMENT TO SAY NETWORK - PUBLIC HEALTH WHEREAS, Steuben, Schuyler, Allegany and Yates Counties are participating in a study group, The SAY Network, to explore the possible advantages of a multi-County health agency, and WHEREAS, it is requested that a Legislative representative be included in this study group. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Doris Karius as the Legislative representative to the SAY Network, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 117 Motion by Larison, Second by Young. RE: AUTHORIZE CHANGE OF TITLE FOR POSITION IN MENTAL HEALTH WHEREAS, the Director of Community Services/Public Health Director requested the Schuyler County Personnel Officer to review the position of Data Entry Machine Operator (Grade VIII) to determine if the duties had changed significantly enough to merit reclassification, and WHEREAS, upon review of the job classification questionnaire submitted by the incumbent and the appointing authority, the Personnel Officer did reclassify the position to be titled Sr. Data Entry Operator (Grade XII). NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does acknowledge the Personnel Officer=s action, and BE IT FURTHER RESOLVED, that the title of Joan Voorheis shall become Sr. Data Entry Operator effective April 12, 1999 and that the salary shall be $10.93/hr., funding available in the 1999 Mental Health budget. VOTE: Passed 8-0. RESOLUTION NO. 118 Motion by Larison, Second by Young. RE: AUTHORIZE PURCHASE OF CHAIRS/TRANSFER OF FUNDS - LEGISLATURE WHEREAS, there is $200 in 1999 equipment funds for a headset that is not going to be purchased, and WHEREAS, the Legislators are in need of chairs, and WHEREAS, the cost for nine new chairs is approximately $274 plus shipping. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $80 from Legislative account no. 1010.431 to account no. 1010.206. VOTE: Passed 8-0. RESOLUTION NO. 119 Motion by Larison, Second by Young. RE: RESOLUTION OF SUPPORT FOR CONTINUED HORSE RACING AT BATAVIA DOWNS WHEREAS, Batavia Downs has the singular distinction of being the oldest continually operating nighttime harness horse racetrack in North America, and WHEREAS, in it over half century of operation, the ADowns@ has become part of the fabric of this community, and WHEREAS, in the face of competition from other gaming and entertainment forums, Batavia=s owners were forced to seek an eligible successor, and WHEREAS, Western Regional Off-Track Betting Corporation (WROTB) was created by the New York State Legislature in 1974 to support the horse breeding farms and racetracks of this area and generate revenues for its participating municipalities and has sought to continue the tradition of Batavia Downs, and WHEREAS, the racing community, including the horsemen who compete for racing accolades, have endorsed WROTB=s efforts, and WHEREAS, the survival of Batavia Downs translates to jobs and economic development in general for this community. 44 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby go on record encouraging the efforts of WROTB to save Batavia Downs as an integral part of the horse breeding and racing industry, as well as commerce, in Western New York, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby implore the New York State Racing and Wagering Board to authorize WROTB to continue the tradition of harness horse racing at this Batavia landmark for the benefit of not only horse breeder and owners, and its patrons, but the community in general, provided that such funds do not involve taxpayer money, and BE IT FURTHER RESOLVED, that to insure a united front for those worthy cause, copies of this resolution be forwarded to Governor George E. Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles and the InterCounty Association of Western New York. VOTE: Passed 8-0. RESOLUTION NO. 120 Motion by Little, Second by Karius. RE: PROCLAIM WEEK OF MAY 2-8, 1999 AS ANATIONAL TOURISM WEEK@ WHEREAS, National Tourism Week for 1999 is being celebrated nationally from May 2-8, 1999, and WHEREAS, the Finger Lakes Region encompasses 14 west central New York State Counties and has been recognized as one of the premier destination vacationlands in the United States, and WHEREAS, the Finger Lakes Association, the oldest tourism promotion agency in the country and the largest in New York State, has been promoting tourism since 1919, and WHEREAS, the Schuyler County Chamber of Commerce also promotes tourism in our region, and WHEREAS, there are nearly 6,000 tourism businesses in the Finger Lakes Region providing approximately 80,000 jobs with an annual payroll of over $821,000,000, and WHEREAS, the Finger lakes Region=s Activity Index reflects more than 9,000,000 visitations, and WHEREAS, this results in an overall economic impact in excess of 1.5 billion dollars annually in the Finger Lakes Region, and WHEREAS, tourism in the Finger Lakes Vacationland ranks with agriculture, manufacturing and education as a major factor in the Region=s economy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby declares May 2-8, 1999 as National Tourism Week in Schuyler County and National Recognition Day May 6, 1999, and BE IT FURTHER RESOLVED, copies of this resolution be forwarded to the Schuyler County Chamber of Commerce and the Finger Lakes Association. VOTE: Passed 8-0. RESOLUTION NO. 121 Motion by Little, Second by Karius. RE: AUTHORIZE SECTION 18 ANNUAL GRANT APPLICATIONS - AS AMENDED WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964 as amended, for a project to provide for public mass transportation service for Schuyler County, the Villages of Montour Falls and Watkins Glen and the Towns of Montour and Hector by the Chemung County Transit System for the 1999-2000 fiscal year, and WHEREAS, the County of Schuyler and the State of New York have entered into a continuing Agreement for a ten-year period which authorizes the undertaking of the Project and payment of the Federal Share, identified as State contract C001944. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute on behalf of the County of Schuyler the annual grant application and progress and complete the above named Project; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 122 Motion by Little, Second by Karius. RE: APPOINTMENT - SCHUYLER COUNTY PLANNING COMMISSION BE IT RESOLVED, that this Legislature approve the appointment of George Bulin as agricultural REGULAR MEETING - APRIL 12, 1999 45 representative to the Schuyler County Planning Commission effective immediately and terminating December 31, 2000. VOTE: Passed 8-0. RESOLUTION NO. 123 Motion by Hastings, Second by Karius. RE: A RESOLUTION PROVIDING FOR THE CREATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 WHEREAS, The New York State Agricultural Districts Law, enacted in 1971, has been the state's most effective tool for maintaining lands in agriculture and which recognizes that agricultural lands are an important and irreplaceable resource, that they are being lost due to development, high costs of doing business, and regulatory restraints, and that certain actions can be taken to retain lands in agriculture, and WHEREAS, Agricultural District designation provides the following limited mechanisms for assisting farmers and protecting agricultural land: $ eligibility for agricultural assessments $ limitation on local regulations which inhibit farming operations, unless necessary for public health and safety $ encouragement of consistency with agricultural district program objectives by state agencies and policies $ limitations on the exercise of eminent domain and other public acquisitions $ notice requirements on public actions and review of the effect of such actions on farming $ restrictions on benefit assessments, special ad valorem levies or other rates or fees in certain improvement districts or benefit areas to one-half acre surrounding any dwelling or non-farm structure $ four year property tax exemptions for lands on which there are certain crop or orchard replantings or extensions $ promotion of the coordination of local planning and land use decision making with the agricultural district program $ provides a limited defense from public nuisance lawsuits against sound agricultural practices prior to purchasing land in an agricultural district, buyers are to be informed that their property is in the district and that certain activities, smells, and sounds are to be expected, and WHEREAS, the Schuyler County Legislature was presented petitions on October 14, 1997 in support of a proposal to create an agricultural district pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State comprising certain lands in the Towns of Tyrone, Reading, Orange, and Dix, to be known as Schuyler County Agricultural District #2, and WHEREAS, the Schuyler County Legislature provided for an initial public comment period which ran from 10/22/97 to 11/21/97, and WHEREAS, the proposal was reviewed and commented on by the Schuyler County Planning Commission and the Schuyler County Agricultural and Farmland Protection Board as required, revised by the staff of Cornell Cooperative Extension as necessary, and forwarded to the Legislature for consideration of approval, and WHEREAS, the Schuyler County Legislature subsequently advertised for and conducted a public hearing regarding the proposed district on February 19, 1998 at which time comments were received that additional lands should be included in the proposed district, and WHEREAS, the staff of Cornell Cooperative Extension of Schuyler County and of the Schuyler County Soil and Water Conservation District further studied the matter and developed a proposed modification to the original agricultural district proposal, and WHEREAS, the original Agricultural District #2 proposal together with the proposed modifications were presented to the Schuyler County Legislature on May 11, 1998, at which time the agricultural district plan was adopted, and WHEREAS, said plan was forwarded to the NYS Commissioner of Agriculture and Markets for certification pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State, which certification was approved by letter on March 4, 1999 by the Commissioner, and WHEREAS, a second public hearing on the creation of Agricultural District #2 was held March 25, 1999, 46 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE due to the modifications made and adopted by the Legislature subsequent to the first public hearing, and WHEREAS, Section 303 of Article 25AA of the Agriculture and Markets Law of New York State provides that a County legislative body may, following certification by the State, cause the district to become effective immediately by it positive action, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 13) That Schuyler County Agricultural District #2 as described by the attached database of tax parcels is hereby formally created, effective immediately. 14) The review period for Agricultural District #2 shall be eight years. VOTE: Passed 8-0. RESOLUTION NO. 124 Motion by Hastings, Second by Karius. RE: ACCEPT PROPOSAL FROM HURON RECOVERY INCORPORATED FOR TIRE COLLECTION DAY WHEREAS, the Recycling/Solid Waste Office of Cornell Cooperative Extension has solicited quotes for a Tire Collection Day program, and WHEREAS, Cornell Cooperative Extension will reimburse Schuyler County for the cost incurred from this program, including any advertising expenses. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Community Development and Natural Resources Committee, the Recycling/Solid Waste Office of Cornell Cooperative Extension, and Schuyler County Attorney, this Legislature hereby accept the proposal from Huron Recovery Incorporated in the amount of $1,300.00, to be funded from account no. 8160.346, for a Tire Collection Day to be held on Saturday, May 15, 1999 at the Schuyler County Highway Barns, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 125 Motion by Hastings, Second by Karius. RE: AUTHORIZE PURCHASE OF FAX/PRINTER AND TRANSFER OF FUNDS - YOUTH BUREAU WHEREAS, the Youth Bureau is in need of a fax machine and printer, and WHEREAS, the Youth Bureau did not create a line item for equipment purchase. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to create a line item for a printer/fax in the Youth Bureau=s Budget and transfer $500.00 from account no. 7310.0316 to account no. 7310.246. VOTE: Passed 8-0. RESOLUTION NO. 126 Motion by Larison, Second by Marvel. RE: AUTHORIZE CONTRACT BETWEEN THE DEPARTMENT OF SOCIAL SERVICES AND CENTRAL DATA PROCESSING WHEREAS, Schuyler County Central Data Processing provides computer support services to the Department of Social Services, and WHEREAS, the Department of Social Services has $4,000 to pay for these services in 1999, in account no. 6010.435. NOW, THEREFORE BE IT RESOLVED, that the Department of Social Services is hereby authorized to execute a contract with Central Data Processing for computer support services in the amount of $4,000 from January 1, 1999 through December 31, 1999; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 127 Motion by Larison, Second by Marvel. RE: AUTHORIZE REINSTATEMENT OF TWO TYPISTS IN THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Children's Service unit of the Department of Social Services is authorized eight caseworker positions, and WHEREAS, one of the positions is vacant, two are filled with caseworkers with less than three months REGULAR MEETING - APRIL 12, 1999 47 experience, three of the positions are filled with caseworkers on extended absence, leaving only two experienced caseworkers to do the work of eight, and WHEREAS, a typist help can assist caseworkers by inputting their case notes to the CONNECTIONS computer system, thus allowing the caseworkers to concentrate on conducting the actual investigations, and WHEREAS, the local bargaining unit of CSEA has been consulted and has voiced no objection to the following proposal. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services is authorized to reinstate two typists, for not more than six months, at an hourly rate of $8.97 per hour from funds available in account no. 6010.100 due to vacancies, at a cost not to exceed $7,500. VOTE: Passed 8-0. RESOLUTION NO. 128 Motion by Larison, Second by Marvel. RE: AUTHORIZE THE CREATION AND FILLING OF A CASEWORKER POSITION - DEPARTMENT OF SOCIAL SERVICES WHEREAS, the current authorized positions in the Department of Social Services Children_s Services unit consists of one Supervising Caseworker, two Senior Caseworkers, and five Caseworkers, and WHEREAS, there are seven workers currently filling the positions, and WHEREAS, the person filling one of the Senior Caseworker positions has requested that she revert back to being a caseworker, and WHEREAS, Civil Service regulations preclude the filling of a Senior Caseworker position with a Caseworker, and WHEREAS, the Commissioner of the Department of Social Services desires to fill the position with a caseworker currently working in the Wyoming County Department of Social Services who is requesting a transfer to Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to create and fill a caseworker position, to be compensated at a salary appropriate for an employee in a lateral transfer, effective immediately, with the understanding that the total number of workers assigned to the Children_s Services unit shall not exceed the currently authorized eight. VOTE: Passed 8-0. RESOLUTION NO. 129 Motion by Little, Second by Karius. RE: AUTHORIZE AN AGREEMENT BETWEEN SCHUYLER COUNTY AND THE ARC OF SCHUYLER COUNTY FOR THE TRANSPORTATION OF DEPARTMENT OF SOCIAL SERVICES CLIENTS WHEREAS, there is a lack of reliable public transportation in Schuyler County, and WHEREAS, the Department of Social Services has clients who require transportation in the evenings to various agencies/activities as part of their preventive services plan, and WHEREAS, the Arc of Schuyler County will provide transportation to Social Services= clients in the evenings at a cost of $30.00 per hour drive time and $15.00 per hour wait time, and WHEREAS, the establishment of this agreement will not increase the Department of Social Services= budget, as a portion of the funds will be from the Department=s JD/PINS Cap Savings grant, and the rest of the funding will be from currently appropriated sources. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the Arc of Schuyler County to provide transportation services to Social Services= clients at the above-stated rates, for a total cost not to exceed $5,000, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the funds be a combination of appropriated and NYS grant funds. VOTE: Passed 8-0. RESOLUTION NO. 130A Motion by Bleiler, Second by Marvel. RE: MOTION TO TABLE RESOLUTION NO. 130 FOR ONE MONTH - FAILED BE IT RESOLVED, that Resolution No. 130 be tabled for one month. 48 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE DISCUSSION: Legislator Bleiler stated that a free review of the Computer Needs Assessment Report from Corning, Inc. will be happening soon and he suggested that this resolution be tabled. Legislator Larison feels the County needs this position on board now. Legislator Hastings said the position has been budgeted for and is badly needed. Regardless of the result of the review, this position should be filled. Legislator Marvel agrees they need to do something, but feels there is no reason to rush at this time. He encouraged the Board to hear the outcome of the review. Legislator Bleiler stated that the salary was budgeted for half a year and it should be able to wait until July. Legislator Hastings said she relies on the Chairman of the Governmental Operations Committee to know what is best for this County. Legislator Bleiler explained that Corning, Inc. just wants to analyze the survey prepared by the County. Legislator Young said she is concerned that they may not be able to get someone on board before the year 2000 if it is delayed any longer. In looking at the job description, she would like to have this person be able to search for grants for all County departments as they appear on the Internet as well as do Central Data Processing work. Legislator Hastings asked to hear from the department head. Tom Bloodgood said he is encouraged just by the tone of the debate. Before, the argument was, do we want to do this, yes or no, now it is how can we do this. He will continue to reflect back to the Needs Assessment done with Southern Tier Central. He feels it is a pretty good survey and has some good recommendations. Corning Community College has looked at it and they endorsed it. He highlighted the recommendations. When he came to his committee last month with this resolution he read from a textbook that said it is rule of thumb to have one and a half full-time staff to run fifty work stations. That is what was budgeted for and what he is asking for. He urged the Legislators to pass this resolution. He is not against having someone from Corning, Inc. review the report, however, he will need staff to implement it. He welcomes their recommendations. Legislator Young asked if she could get a copy of the job specifications. VOTE: Failed 2-6. Noes: Young, Karius, Larison, Marvel, Hastings, Little. RESOLUTION NO. 130 Motion by Little, Second by Karius. RE: AUTHORIZE THE CREATION AND FILLING OF AN ASSISTANT COORDINATOR OF COMPUTER SERVICES - CENTRAL DATA PROCESSING WHEREAS, the County is in need of full-time, on-site computer support to enhance the efficiency of the Information Technology program and to facilitate data sharing and the automation of core business processes, and WHEREAS, the needs assessment conducted by the Southern Tier Central Regional Planning Board indicates that the hiring of additional computer support staff is the County=s top Information Technology priority, and WHEREAS, it is the recommendation of both the Computer Coordination Committee and the Governmental Operations Committee to create and fill this position, and WHEREAS, there is funding available for this position in the 1999 County budget, and WHEREAS, the Personnel Officer has reviewed the duties statement presented and has titled the position as Assistant Coordinator of Computer Services in Grade Level E of the Management/Confidential salary plan. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve the creation of the above said position, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature authorize the Chairman of the Computer Coordination Committee to advertise and fill said position immediately. VOTE: Passed 6-2. Noes: Bleiler, Gifford. RESOLUTION NO. 131 Motion by Little, Second by Karius. RE: DECLARE EQUIPMENT JUNK B PUBLIC HEALTH DEPARTMENT WHEREAS, the Public Health Department has had water damage to their offices, and WHEREAS, the items listed became unusable, and WHEREAS, the list has been forwarded to the insurance carrier for processing. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the listed items as junk, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said items and dispose in the proper manner: REGULAR MEETING - APRIL 12, 1999 49 1 Micro X 15@ SVGA monitor S/N CP7B56845 1 Mitsumi Keyboard S/N KPQ E99ZC-13 1 Canon MP21D Calculator S/N 60800063 1 Microsoft Serial Mouse 1 CP55 Multimedia Speaker System 1 Nova 233Mhz Computer S/N 9107737205743011468HCF000 PH004 1 US Robotics Modem S/N 21YR2478FKFH 1 Oki Data OL810 Laser Printer S/N 207A0008282 1 TA Adler Typewriter S/N CID8A6EDK VOTE: Passed 8-0. RESOLUTION NO. 132 Motion by Little, Second by Bleiler. RE: ACCEPT BID FOR USED TANDEM AXLE TRUCK FOR THE HIGHWAY DEPARTMENT WHEREAS, advertisement was done for bids for a used tandem axle truck, bids were received and opened April 1, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the County Highway Superintendent, this Legislature hereby accept the following bid: Westacott Truck & Equipment Co., Inc. 1030 E. Main Street Rochester, NY 14609 $49,000 for a 1995 Mack, and BE IT FURTHER RESOLVED, that the following bids be rejected: Alliance International Tracey Road Equipment, Inc. Marshall & Houseman, Inc. 284 Wyecroft Road 6803 Manlius Center Road P.O. Box 70, Route 5 East Oakville, Ontario Canada L6K2H2 East Syracuse, NY 13057 Sherrill, NY VOTE: Passed 8-0. RESOLUTION NO. 133 Motion by Little, Second by Bleiler. RE: ACCEPT BID FOR NEW CORRUGATED METAL GALVANIZED PIPE, NEW CORRUGATED METAL GALVANIZED AND ASPHALT TREATED PIPE, NEW CORRUGATED METAL PIPE ARCH, AND NEW GALVANIZED FLARED END SECTIONS WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copy of this bid is available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 134 Motion by Little, Second by Bleiler. RE: ACCEPT BIDS FOR CRUSHED LIMESTONE & CRUSHED GRAVEL WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED 50 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Hanson Aggregates New York P.O. Box 9 Oaks Comers, NY 14518 Dalrymple Gravel & Contracting 2105 S. Broadway Pine City, NY 14871 BR DeWitt, Inc. Seneca Stone Corporation 6895 Ellicott Street PO Box 76 Pavilion, NY 14525 Fayette, NY 13065 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 135 Motion by Little, Second by Bleiler. RE: ACCEPT BIDS FOR BANK RUN GRAVEL. MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED Maple Terrace Gravel Mine Blades Construction 2391 C R -10 7610 Cty. Rte 65, PO Box 590 Alpine, NY 14805 Hornell, NY 14843 Wickhams Pit (Annella Wickham) 2300 Texas Hollow Road Odessa, NY 14869 Dalrymple Gravel & Contracting Co. 2105 S. Broadway Pine City, NY 14871 BR. DeWitt, Inc. 6895 Ellicott Street Pavilion, N. Y. 14525 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 136 Motion by Little, Second by Bleiler. RE: ACCEPT BID FOR TREE & STUMP REMOVAL WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED Dave Days Tree Service 52 State Route 230, P.O. Box 162 Wayne, NY 14893 Copy of this bid is available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 137 Motion by Little, Second by Bleiler. RE: ACCEPT BIDS FOR USED STEEL PIPE WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and REGULAR MEETING - APRIL 12, 1999 51 WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: Chemung Supply Corporation Allegany Pipe & Tubular Products P.O. Box 527 2954 CR 22 Elmira, NY 14902 Andover, NY 14806 Items 2, 3, 8, 10, 11, 14, 17, 19 Only Items 1, 3, 4, 6, 7, 9, 12, 13, 15, 16, 18, 20, 21, 22 Only Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 138 Motion by Little, Second by Bleiler. RE: ACCEPT BID FOR STEEL BELTED RADIAL TIRES WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED Ron Parmenter Motors, Inc. 2640 State Route 14 Montour Falls, NY 14865 Copy of this bid is available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 139 Motion by Little, Second by Bleiler. RE: ACCEPT BID FOR GUIDERAIL WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED Chemung Supply Corporation P.O. Box 527 Elmira, NY 14902 Copy of this bid is available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 140 Motion by Little, Second by Bleiler. RE: ACCEPT BIDS FOR SIGNS, POSTS, EXTENSIONS & SIGN BLANKS WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: Chemung Supply Corporation Finger Lakes Supply Corporation P.O. Box 527 P.O. Box 522 Elmira, NY 14902 Hammondsport, NY 14840 Item 1 Only Items 2 & 3 Only Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. 52 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 141 Motion by Little, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR READY-MIX CONCRETE AND RETAINING WALL BLOCKS WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: FOR READY-MIX CONCRETE: B. R. DeWitt, Inc. 6895 Ellicott Street Pavilion, NY 14525 FOR RETAINING WALL BLOCKS: Chemung Supply Corporation P.O. Box 527 Elmira, NY 14902, and BE IT FURTHER RESOLVED, that the following bid be rejected: Dalrymple Gravel & Contracting Co. 2105 S. Broadway Pine City, NY 14871 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 142 Motion by Little, Second by Bleiler. RE: ACCEPT BIDS FOR COLD MIX PATCHING MATERIALS WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED Dalrymple Gravel & Contracting Co. Hanson Aggregates New York 2105 S. Broadway P. O. Box 9 Pine City, NY 14871 Oaks Corners, NY 14518 Seneca Stone Corporation PO Box 76 Fayette, NY 13065 IMUS, Inc. 800 Black River Blvd. Rome, NY 13440 Central Asphalt 20 Fairground Lane Watkins Glen NY 14891 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 143 Motion by Little, Second by Bleiler. RE: ACCEPT/REJECT BIDS FOR PAVEMENT MARKINGS WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the REGULAR MEETING - APRIL 12, 1999 53 Schuyler County Legislature accept the following bid: M & S Striping Co. 134 Florence St. Mamaroneck, NY 10543, and BE IT FURTHER RESOLVED, that the following bid be rejected: Chemi-Trol Chemical Co. 2776 C.R. 69 Gibson, Ohio 43431 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 144 Motion by Little, Second by Bleiler. RE: ACCEPT BIDS FOR ASPHALT EMULSIONS WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: Vestal Asphalt Penn-Can Road Materials 201 Stage Road PO Box 6501 Vestal, NY 13850 Syracuse, NY 13217 Central Asphalt A.L. Blades & Sons, Inc. 20 Fairground Lane 7610 CR - 65, PO Box 590 Watkins Glen, NY 14891 Hornell, NY 14843-0590 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 145 Motion by Little, Second by Bleiler. RE: ACCEPT BID FOR STEEL PLATE, POLYETHYLENE PIPE, NEW & USED BRIDGE AND SHOP STEEL WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid: ONLY BID RECEIVED Chemung Supply Corporation PO Box 527 Elmira, NY 14902 Copies of this bid are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 146 Motion by Little, Second by Bleiler. RE: ACCEPT BIDS FOR USED BITUMINOUS CONCRETE ASPHALT WHEREAS, Resolution No. 27-99 authorized the advertising for bids for furnishing of materials for the Highway Department, and WHEREAS, said advertisement was made, bids were received and opened on March 11, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids: ALL BIDS ACCEPTED 54 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Genesee LeRoy Stone Corp. 6869 Ellicott St. Pavilion, NY 14525-9614 Hanson Aggregates New York PO Box 9 Oaks Corner, NY 14518 Dalrymple Gravel & Cont., Co. 2105 S. Broadway Pine City, NY 14871 SCL Ventures LLC PO Box 191 Mechanicsville, NY 12118 Seneca Stone Corporation PO Box 76 Fayette, NY 13065 Copies of these bids are available for inspection at the Highway Office. VOTE: Passed 8-0. RESOLUTION NO. 147 Motion by Bleiler, Second by Larison. RE: AUTHORIZE THREE (3) RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that three (3) resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 148 Motion by Little, Second by Marvel. RE: PROCLAIM WEEK OF APRIL 18-24, 1999 AS AVOLUNTEER 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 proclaim April 1824, 1999 as AVolunteer Week@ in Schuyler County, and BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue to enrich our lives, through their most excellent example; their warmth, commitment and generosity, being an inspiration to us all. To each of them we express the thanks of a grateful citizenry. VOTE: Passed 8-0. RESOLUTION NO. 149 Motion by Little, Second by Marvel. RE: AUTHORIZE CHAIRMAN TO SIGN APPLICATION FORMS FOR THE ADOPTION OF THE AMENDED AND RESTATED DEFERRED COMPENSATION MODEL PLAN AND SELECTION OF FINANCIAL ORGANIZATION FOR TRUSTEE SERVICES WHEREAS, Resolution No. 440-98 adopted the amended and restated deferred compensation model plan and selection of financial organization for trustee services, and WHEREAS, the application forms are now in order and ready for signature. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign the application forms with PEBSCO of New York to administer the Deferred Compensation Plan for Schuyler County; subject to approval by the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 150 Motion by Little, Second by Marvel. RE: RESOLUTION URGING THE RESTORATION OF CRITICAL FUNDING FOR THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHEREAS, included in the 1999/2000 Executive Budget submission to the New York State Legislature is a $367,000,000 funding cut for State and local highway and bridge construction, design and engineering services, and WHEREAS, these budget cuts strike at programs with proven records for accomplishment for sustaining transportation infrastructure, promoting motorist safety and sustaining construction and related jobs at the local government level, and REGULAR MEETING - APRIL 12, 1999 55 WHEREAS, to fund these vital programs at lower levels is to permit the further deterioration of our transportation infrastructure so vital to the economic well being of the State of New York and to the safety and welfare of its citizens, and WHEREAS, there is a critical need to upgrade Route 219 in Cattaraugus County, Route 15 in Steuben County, and to upgrade the entire length of Route 17 to interstate standards (I-86) for the economic growth of the Southern Tier region of New York State, and WHEREAS, it was expected that the State of New York would follow the example of the Transportation Equity Act for the 21st Century (TEA 21) which will increase the Federal investment in New York State=s infrastructure by billions over the life of the Act. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the New York State Legislature to restore and increase this critical funding, and BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Governor George Pataki, Senator John R. Kuhl, JR., Assemblyman James Bacalles, Senator Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, NYSAC, The New York State Department of Transportation (Albany and Hornell) and the County Highway Superintendents Association. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Hastings reported on the Public Safety/Criminal Justice Committee. The committee visited the dog shelter recently. They will be discussing the conditions at next month=s meeting. The Sheriff will be adding more signs to promote the shelter and the Humane Society is working on an open house for May 1, 1999 from 24:00 p.m. Legislator Young reported on the Human Services Committee. The Child Care Coordinating Council has a new Director. She attended her first Economic Opportunity Program (EOP) meeting on March 23, 1999 and will be interested to see if the State renews our housing monies through EOP. Legislator Bleiler reported on the Management and Finance Committee. He announced a change in the meeting dates. Management will be the fourth Monday and Finance will be the fourth Tuesday of each month. Legislative Resolution Review Committee will be held the first Monday of the month to review resolutions. This enables the committee to spend more time on finance and budgetary items. The next Jet training session will be April 14, 1999 on goals. The Legislature recently had a gentleman from Amtek here to help us look at the way we do business in the County. He came to talk to us about identifying reasons why an administrator would help us be more successful or if we can afford one. He feels the County should not hire him for his services. He feels the Legislators need to meet more amongst themselves and develop a philosophy. Legislator Larison reported on the Governmental Operations Committee. All of the departments that report to his committee are on track with their budget, with the exception of the Board of Elections and the purchase of a new file cabinet. UNFINISHED BUSINESS: None. NEW BUSINESS: Legislator Hastings reported that the CAST sub-committee met on raising the age in which a person is able to leave school without their parents permission. They are suggesting it be raised from 16 to18 years old. There has been no decision made yet. PUBLIC PARTICIPATION: Robert Burnside said he has to speak on the Central Data Processing Resolution. He feels it is a great step forward for Schuyler County. He feels the County is heading in the right direction and encouraged the Board to keep up the good work. Randy Deal said he agrees with Robert Burnside, the County is on the right track. He did Tom Bloodgood=s job at Madison County, both Real Property Tax Director and Director of Central Data Processing. He had a staff of four and knows how County government works. He feels the County does need an in-house person. The meeting adjourned at 8:10 p.m. 56 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Gail M. Willis, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING APRIL 20, 1999 The 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 and followed by a Moment of Silence. All Legislators were present except Legislator Marvel who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 151 Motion by Larison, Second by Bleiler. RE: RATIFICATION OF SPECIAL MEETING CALL 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 item of business: 1. Resolution Requesting the New York State Legislature to pass Senate Bill S.2953 and Assembly Bill A.5212 Authorizing an Additional 1% Sales Tax for Schuyler County Pursuant to Section 40 of the Municipal Home Rule Law VOTE: Passed 6-1. No: Hastings. RESOLUTION NO. 152 Motion by Larison, Second by Bleiler. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.2953 AND ASSEMBLY BILL A.5212 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.2953 and Assembly Bill A.5212 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 John R. Kuhl, Jr., New York State Assemblyman James Bacalles and to the Majority and Minority Leaders of the New York State Senate and Assembly. DISCUSSION: Legislator Hastings asked if any Legislators have read the bill. She questioned the fact that the bill stated that the whole 1% was going to the County. She read from the last page of the bill and asked Attorney Coleman to explain. Attorney Coleman stated that the State will not take their share. Legislator Hastings asked if the towns would get their share of the sales tax. Attorney Coleman said that it is up to us to make that decision. Chairman Gifford asked if a local law had to be passed. Attorney Coleman stated that a detailed Resolution from the New York State Tax Department will be sent for us to act on, after a public hearing is held. Legislator Hastings made a statement for the record. In January 1998, because of the budget that we would face and the need to increase our revenues, it seemed more logical to pass a resolution to increase the sales tax by 1/4%, which would probably settle well with the business district and the residents of Schuyler County, it failed. Not until some of you faced the budget were you interested. Then you wanted 1% to spend on bridges, highways and equipment. Since sales tax is an undetermined revenue you could put this County in a bind in the future. Those budget items that are mandates for the safety and welfare of this County should be more stable. On June 11, 1998 I wrote all the towns and villages in regard to sales tax, planning and economic development. Sales tax is not as sure as property tax. If we were to loose half of our sales tax it should be monies devoted to the area that feeds the sales tax which is economic development and planning. One village and two towns never responded to my memo. Three towns and three villages were against it. Two towns of who have not supported economic development wanted their share of the tax and was okay with a 1% increase. Now we do the budget and all of a sudden there is a great interest in getting 1%. Fellow Legislators, my district does not want the sales tax increase. Both of my village boards are totally against it. The Town of Montour is against it and the Supervisor of the Town of Dix expressed his thoughts 57 REGULAR MEETING - MAY 10, 1999 and said he is not totally against it, but wants it spent in the right way. There is no doubt that the majority of sales tax earned comes from the Town of Dix. If you live in the village you pay three times to support SCOPED through your County taxes, town taxes and village taxes. Though many of the business people donated their $1,000 to SCOPED, Hector and Orange pay nothing. Hector receives the largest amount of sales tax. There will always have to be support for planning and economic development if you care to increase even property taxes. I can not support this resolution at this time. I will be voting no.@ Legislator Bleiler stated that the early request Legislator Hastings referred to was defeated because the towns did not want the increase to be tied to economic development. This time it is different, the merchants have changed their mind. He believes that an increase in sales tax would be the best thing for the County, it will increase our revenue for the budget. He feels in order to make things work, they need to provide for the County, and need to increase our revenues and decrease property tax. He is in favor of it. Legislator Larison said he agrees with Legislator Bleiler. This board made a goal to reduce property tax by 5% for three years. This will show the taxpayers they are trying to increase the County=s revenues. This is the least damaging to the property owners. Chairman Gifford said he has talked to a realtor in the area and they say the major reason why they can not sell houses is because of the property tax. Just because we pass this does not mean we can not save elsewhere. He has talked to Susan Payne from SCOPED and anyone coming into the area to develop asks about property tax, they never ask about sales tax. He is in favor of this resolution. Legislator Hastings feels that this increase should be designated to economic development. VOTE: Passed 6-1. No: Hastings. PUBLIC PARTICIPATION: None. The meeting adjourned at 4:10 p.m. Stacy B. Husted, Deputy Clerk REGULAR MEETING MAY 10, 1999 The Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator Hastings who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Tom Ryan said he came to congratulate the Legislature on their efforts towards filling the old Jamesway building and for working so well with SCOPED. Hazel Rapalee thanked the Legislature for their work with the schools and the County. In her years of teaching things have always been separate and now the programs are combined, she thanked the Legislature for that. Second, as a member of the Youth Board, she is happy to see that they are now in the process of doing joint grants for the County. She feels it is great that we work together as one unit. Third, she has seen the Youth Board membership rise to twenty-two to twenty-five members and is now a very active board and also has gotten Bradford School District involved. She also thanked Dave Sanders who runs the Youth Bureau. Casey Creamer thanked all municipalities and business people who contributed to the Jamesway deal in Montour Falls. He feels that Resolution No. 167 should raise the salary of the Legislators as long as there is no County Manager. Dave Hannie and Coralee Birch said they wanted to discuss the issue in regards to parking at the waterfront. They appreciate being involved and appreciate the parks committee members dealing with the problems promptly. David Lisk, said he heard that it is possible that the appeal resolution on the agenda may fail tonight. He would like to say he is in support of the changes and does not understand how a process can be in place; a committee to review the appeals; a recommendation comes out to make the changes; the guidelines are followed. He does not understand how it gets this far with a positive and then may fail tonight, it is not fair to the employees. They 58 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE followed the process from the beginning of the year. He feels it is very unfair and makes the Management/Confidential Salary Plan null and void if this resolution fails. The guidelines were set by the Legislature. Bill Weiss stated that he does not have an employee in this resolution, however, he fully supports the appeals. They went through the right process. If this resolution does not pass, what message is sent to the Management/Confidential Salary Plan employees. If you have confidence in the Legislators on the committee to make the right decision, you should support their decision. He is concerned on the message being sent. Tom Bloodgood said he would also like to speak in favor of the appeals resolution. One is the Youth Bureau Director and we have already heard his praise here tonight. Each one of these positions is worth every penny. It is a pressing issue, there are current policy and procedures. He understands there has been a sub-committee set up to review the current plan. One aspect of the plan is the appeal process and until that sub-committee meets the Legislature should abide by current policy and recognize the procedure. Not supporting this resolution would undermine the Management/Confidential Salary Plan and sends a bad signal to the entire County. He urged them to vote in favor of this resolution and to keep with the current policy. Tom Ryan asked for an explanation to Resolution No. 160. Legislator Bleiler explained that this is a new bond. Tom asked what amount was originally bonded for. The Treasurer explained that $234,000 was set aside for equipment purchases. This bond has to be provided for funding in order to place the orders for the trucks. RESOLUTION NO. 153 Motion by Young, Second by Larison. RE: APPROVE MINUTES OF THE APRIL 12, 1999 REGULAR MEETING AND APRIL 20, 1999 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the April 12, 1999 Regular Meeting and April 20, 1999 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 7-0. RESOLUTION NO. 154 Motion by Karius, Second by Little. RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/99-6/30/2000 - PUBLIC HEALTH WHEREAS, Schuyler County must provide transportation to preschool children with disabilities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Public Health office is authorized to advertise for bids for the transportation of preschool children with disabilities from July 1, 1999 through June 30, 2000, and BE IT FURTHER RESOLVED, that bids are to be marked ASealed Bid@ and received by the Clerk of the Legislature at the County Office Building, 105 Ninth Street, Watkins Glen, NY 14891, no later than 5:00 p.m. on Friday, May 28, 1999. The bids will be opened at the Legislative Resolution Review Committee meeting on Monday, June 7, 1999 at 3:30 p.m. at which time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the June 14, 1999 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. VOTE: Passed 7-0. RESOLUTION NO. 155 Motion by Karius, Second by Little. RE: PROCLAIM MONTH OF MAY AS AMENTAL HEALTH MONTH@ WHEREAS, current prevalence estimates indicate that more than 1.2 million New York residents including many Schuyler County residents of all ages suffer from mental illness, and WHEREAS, Schuyler County Mental Health Clinic provides Outpatient Mental Health Services, Adult Case Management Services and Children and Youth Intensive Case Management Services in Schuyler County, and WHEREAS, Elmira Psychiatric Center provides a Socialization Program, Intensive Case Management services, and Intensive Psychiatric Rehabilitation Treatment to adults in Schuyler County, and WHEREAS, Gateways provides Community Residence Program, Supportive Apartments and Intensive Supportive Apartments for mentally impaired individuals in Schuyler County, and WHEREAS, Pathways, Inc. provides respite services for children and youth and operates the REACH Family REGULAR MEETING - MAY 10, 1999 59 Based Treatment Program, and WHEREAS, the Community Services Board and the Mental Health Subcommittee of the Community Services Board are responsible for mental health programming and services in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature proclaim May as Mental Health Month and offers its support and encouragement to all consumers, clients and their families, and local service providers as they work together to overcome and manage disabilities and achieve and maintain the highest level of participation in our community. VOTE: Passed 7-0. RESOLUTION NO. 156 Motion by Karius, Second by Little. RE: AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Arnie Bagchi to the Schuyler County Youth Board as the Mental Health representative, effective immediately with a term ending December 31, 2000. VOTE: Passed 7-0. RESOLUTION NO. 157 Motion by Little, Second by Marvel. RE: RESOLUTION OPPOSING THE GOVERNOR=S SENTENCING REFORM ACT OF 1999 PROPOSAL WHEREAS, Governor George Pataki has presented a proposal eliminating parole for all offenders, and WHEREAS, this proposal is another action by the State Legislature to limit more and more the discretion of the Courts and other people involved in the criminal justice system, and WHEREAS, in the past there have been increasing limits on the parameters of plea agreements, increases in mandatory sentences for certain types of crimes, and definite sentences replacing indeterminate sentences which had long been the rule, and WHEREAS, offenders that are no threat to society may become depressed and irrational without having the possibility of parole, thereby putting corrections officers at a higher risk, and WHEREAS, the cost to the taxpayers for trials, incarceration, new construction of prisons and hiring of additional corrections officer will increase dramatically under this proposal. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby expresses its opposition to Governor George Pataki=s Sentencing Reform Act of 1999 and asks that the Governor, as well as the State Legislature, seriously consider the negative impacts of this proposed legislation, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature be directed to send certified copies of this resolution to Governor George E. Pataki, Senator John R. Kuhl, Assemblyman James Bacalles, NYSAC and any other officials deemed appropriate. VOTE: Passed 7-0. RESOLUTION NO. 158 Motion by Little, Second by Marvel. RE: AUTHORIZE EMERGENCY MANAGEMENT COORDINATOR TO ADVERTISE FOR BIDS FOR ONE (1) NEW NATURAL GAS FUELED GENERATOR WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving and 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 sealed bidder in the manner provided by this section, and WHEREAS, there is $20,000 in the 1999 budget in account no. 3689.292 for this proposed purchase. NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator be hereby authorized to advertise for bids for one (1) new natural gas fueled generator. VOTE: Passed 7-0. RESOLUTION NO. 159 Motion by Little, Second by Marvel. RE: AMEND RESOLUTION NO. 307-94 - ADOPT GUIDELINES FOR USE OF THE RURAL URBAN CENTER WHEREAS, Resolution No. 307 of the year 1997 authorized the Guidelines for Use of the Rural Urban Center, and 60 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, there are a few changes in the guidelines that need to be made at the present time. NOW, THEREFORE, BE IT RESOLVED, that the attached Guidelines for Use of the Rural Urban Center, which were updated on May 10, 1999 be approved by the Schuyler County Legislature, and BE IT FURTHER RESOLVED, that these guidelines supersede all other established rules. DISCUSSION: Legislator Young asked about the charge for using the Rural Urban Center. David explained that any governing agency uses it for free, beyond that a fee schedule is set up. This schedule includes such groups as the girl scouts, churches, etc. and has been in place since 1992. VOTE: Passed 7-0. RESOLUTION NO. 160 Motion by Larison, Second by Marvel. RE: A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $360,000 BONDS OF THE COUNTY OF SCHUYLER, NEW YORK TO PAY THE COST OF THE PURCHASE OF DUMP TRUCKS WITH PLOWS FOR SAID COUNTY BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows: Section 1. The purchase of dump trucks with plows in and for the County of Schuyler, New York, is hereby authorized at a maximum estimated cost of $360,000, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The plan for the financing of such maximum estimated cost is by the issuance of not to exceed $360,000 bonds of said County, hereby authorized to be issued therefor pursuant to the Local Finance Law. Section 3. The power to appropriate 1999 fund balances to defray the aforesaid maximum estimated costs, including the power to redeem any or all obligations issued pursuant to this resolution from such 1999 fund balances, is hereby delegated to the County Treasurer. Section 4. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law. Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations REGULAR MEETING - MAY 10, 1999 61 Section 1. 150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, may be published in full in the Watkins Review and Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law. VOTE: Passed 7-0. RESOLUTION NO. 161 Motion by Larison, Second by Marvel. RE: AUTHORIZE EXTENSION OF ASSISTANT MOBILE WORK CREW SUPERVISOR POSITION WHEREAS, Resolution No. 476 of 1998 authorized the creation and filling of the Assistant Mobile Work Crew Supervisor in the Department of Social Services through May of 1999, and WHEREAS, the Department has received information that authorization to expend WORK NOW funds will be extended beyond the May 1999 deadline once the State budget is passed and finalized, and WHEREAS, the Department has found the position of Assistant Mobile Work Crew Supervisor to be extremely useful both in freeing the Mobile Work Crew Supervisor to work on job development/employer services and in allowing the unit to take on larger more valuable projects, and WHEREAS, authorizing the extension of the Assistant Mobile Work Crew Supervisor position through 12/31/99 would greatly enhance the stability and continuity of the Department=s employment programs. NOW, THEREFORE BE IT RESOLVED, that the Department of Social Services be authorized to extend the position of Assistant Mobile Work Crew Supervisor through 12/31/99 pending availability of WORK NOW funds. VOTE: Passed 7-0. RESOLUTION NO. 162 Motion by Larison, Second by Marvel. RE: DECLARE EQUIPMENT JUNK B TREASURER=S OFFICE WHEREAS, the Treasurer=s office has two (2) inoperable calculators which have been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said calculators as junk, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said items and dispose in the proper manner. 1 TA Adler Royal 1228PD calculator S/N 81138388 1 TA Adler Royal 1228PD calculator S/N 44770450 VOTE: Passed 7-0. RESOLUTION NO. 163 Motion by Larison, Second by Little. RE: DECLARE EQUIPMENT JUNK B BUILDINGS & GROUNDS WHEREAS, the Buildings & Grounds Department has equipment, listed herein, which is inoperable and has been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said equipment as junk, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said items and dispose in the proper manner. 1 Pullman-Holt Upright Vacuum S/N V0002914 1 Electrolux Prolux Vacuum S/n 825931R 1 Mighty Maid Upright Vacuum S/N 82-83 1 Cyclone Floor Buffer S/n CFW2356 1 NSS Canister Vacuum S/n E11526 VOTE: Passed 7-0. RESOLUTION NO. 164 Motion by Larison, Second by Little. RE: DECLARE EQUIPMENT SURPLUS B BUILDINGS & GROUNDS 62 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, the Buildings & Grounds Department has a portable vacuum which will not facilitate the cleaning efforts in the building, and said vacuum has been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said vacuum as surplus, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor remove said vacuum and place in storage for inclusion in the annual County auction. 1 Tornado Back Pack Portable Vacuum S/N 9110BC5331 VOTE: Passed 7-0. RESOLUTION NO. 165 Motion by Larison, Second by Little. RE: DECLARE EQUIPMENT SURPLUS B HIGHWAY DEPARTMENT - AS AMENDED WHEREAS, the Highway Department has two (2) outdated, inoperable vehicles, and one (1) gravel crusher, which has been or will be replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment listed below as surplus, and BE IT FURTHER RESOLVED, that the items be included in the 1999 Schuyler County auction. One (1) 1984 Ford 1 ton dump truck S/N 2FDK37G8ECA68957 One (1) Dore stone/gravel crusher S/N W1084 VOTE: Passed 7-0. RESOLUTION NO. 166 Motion by Bleiler, Second by Little. RE: DECLARE EQUIPMENT JUNK B HIGHWAY DEPARTMENT WHEREAS, the Highway Department has one (1) computer battery backup and one (1) 6Hp vacuum cleaner, and WHEREAS, said equipment is inoperable and non-repairable and has been or will be replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment listed below as junk, and BE IT FURTHER RESOLVED, that the items listed be disposed in the proper manner. One (1) APC smartups battery backup S/N FS9742951234 One (1) 6Hp vacuum cleaner VOTE: Passed 7-0. RESOLUTION NO. 167 Motion by Bleiler, Second by Little. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 1999 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS WHEREAS, County Law permits and requires the Legislature to set the salaries of all officials paid from County funds. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/ Local Law No. Of the year 1999 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 June 14, 1999 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 1999 A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years, 2000, 2001, 2002, 2003. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for the fiscal years 2000, 2001, 2002 and 2003. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2000, 2001, 2002 and 2003 the annual salaries of the following officials are hereby established, to wit: TITLE 2000 SALARY 2001 SALARY 2002 SALARY 2003 SALARY Chairman of Legislature $10,000 $10,000 $10,000 $10,000 REGULAR MEETING - MAY 10, 1999 63 Legislators $ 5,000 $ 5,000 $ 5,000 $ 5,000 County Treasurer $37,000 $38,000 $39,000 $40,000 Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. DISCUSSION: Legislator Bleiler wanted to respond to Casey Creamer=s comment on this resolution. He feels it is much more important to pay our staff that is underpaid. He would support that first. Legislator Larison said he had suggested that they receive a 3% raise. He believes they do feel it is an important job and deserves a good salary. VOTE: Passed 7-0. RESOLUTION NO. 168 Motion by Bleiler, Second by Little. RE: AUTHORIZE INCREASE IN HOURS OF TYPIST IN THE CIVIL SERVICE/PERSONNEL OFFICE FAILED WHEREAS, a Typist has been employed in the Civil Service/Personnel office for 17 hours per week since 04/06/98, and WHEREAS, the workload in the Department continues to require additional clerical support. NOW, THEREFORE, BE IT RESOLVED, that the position of Typist in the Civil Service/Personnel Office be increased to full-time effective May 24, 1999, and BE IT FURTHER RESOLVED, that $5,000.00 be transferred from Contingency account no. 1990.500 to Account No. 1430.100 to cover additional salary for 1999. DISCUSSION: Legislator Bleiler said he realizes that this was not in the budget initially, however, he has been here long enough to realize that this position is required. He encouraged the Legislators to support this resolution. Legislator Marvel stated that the money for the salary is not in the budget for this year and at this point in time, the Legislature needs to hold tight on the budget. Any time that you increase hours, you not only increase the salary but also the benefits and that also costs money. This is a further increase to the taxpayers. VOTE: Failed 4-3. Noes: Marvel, Little, Karius. RESOLUTION NO. 169 Motion by Little, Second by Marvel. RE: RESOLUTION TO AUTHORIZE REFUND, PARCEL 54.-1-48, TOWN OF HECTOR WHEREAS, application has been made in accordance with Section 556 of the Real Property Tax Law, and WHEREAS, the assessor has certified that the exempt amount for the Senior Citizens Exemption on parcel 54.-1-48 was incorrect on the 1999 Town and County Tax Roll constituting a clerical error as defined in Section 550(2) of the Real Property Tax Law, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that the error be corrected. NOW, THEREFORE, BE IT RESOLVED, that the 1999 Town and County Tax Roll be corrected to reflect the proper exempt amount, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to issue a refund in the amount of $144.26, to charge back the Town of Hector $34.49, and to charge the County share of $109.77 to the Uncollectible. VOTE: Passed 7-0. RESOLUTION NO. 170 Motion by Little, Second by Marvel. RE: DECLARE EQUIPMENT SURPLUS - REAL PROPERTY TAX SERVICE WHEREAS, the Real Property Tax service annually microfilms the Schuyler County tax map sets, and no longer has use for the 1997 tax map set. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, this County Legislature hereby declare as surplus the following item from the Real Property Tax Office and authorize the Real Property Tax Office to dispose of the same by advertising for sealed bids with a minimum bid as set forth: 1997 MAP SET - $200.00 VOTE: Passed 7-0. RESOLUTION NO. 171 Motion by Little, Second by Marvel. 64 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE ACCEPT BID FOR CONSTRUCTION OF COUNTY ROAD #19 BRIDGE, NORTH OF COOLEY ROAD - HIGHWAY DEPARTMENT WHEREAS, Resolution No. 107-99 authorized the Highway Superintendent to advertise for bids for the construction of County Road 19 Bridge, and WHEREAS, said advertisement was done, bids were received and opened at a bid opening April 29, 1999. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Highway Superintendent and Hunt Engineers, that this Legislature hereby accept the following low bid for construction of County Road 19 Bridge: Silverline Construction - $95,202.00, and BE IT FURTHER RESOLVED, that the following bid(s) be rejected with a note of appreciation for their participation: Hakes Construction $101,869.39 Penn Yan Builders, Inc. $110,500.00 Procon Contracting $134,000.00 R. DeVincentis Construction $131,000.00 VOTE: Passed 7-0. RESOLUTION NO. 172 Motion by Larison, Second by Bleiler. RE: APPLICATION FOR CHEMUNG, SCHUYLER, STEUBEN WORKFORCE DEVELOPMENT BOARD TITLE II B SUMMER YOUTH EMPLOYMENT AND TRAINING GRANT-YOUTH BUREAU - AS AMENDED WHEREAS, Schuyler County has a high youth unemployment rate, and WHEREAS, the Chemung, Schuyler, Steuben Workforce Development Board (formerly the Chemung, Schuyler, Steuben Private Industry Council) awards grants for a summer youth program, and WHEREAS, the Job Training Partnership Act (JTPA) allows both low-income and at-risk youth ages 14-21 years of age to apply, and WHEREAS, the Workforce Development Board (WDB) has approached Schuyler County to apply for their Summer Youth Employment and Training Program (SYETP) grant. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County be authorized to apply for the Chemung, Schuyler, Steuben WDB=s SYETP grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute any documents necessary to secure the SYETP funds through WDB, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the appropriate line items for the grant upon final receipt of the same, and BE IT FURTHER RESOLVED, that the Schuyler County Youth Bureau be designated administrator for the SYETP grant for 1999, and BE IT FURTHER RESOLVED, that the Youth Services Planner of the Schuyler County Youth Bureau be authorized to increase the hours of the Youth Program Coordinator from 17 hours per week to 35 hours per week for up to twelve weeks, hire up to two full-time Youth Counselors at a salary of $11.74 per hour for 35 hours per week for eight weeks, starting June 7th, and one part-time Youth Counselor at a salary of $11.74 per hour for 24 hours per week, for four to six weeks, and two teachers (GED and Math/Computer) at a salary of $12.50, and BE IT FURTHER RESOLVED, that due to program increases both for participants and funding, with a 7.5% administrative cost, that the Schuyler County Legislature hereby authorize an increase in hours for program administration duties for the position of Account Clerk Typist for up to twelve weeks, up to the amount of $1,775. DISCUSSION: Legislator Young read a letter sent by Joan Moffe on the recent grant that has been acquired by our Youth Bureau. They have approved the summer youth program in the amount of $100,000 to enroll and serve eighty Schuyler County JTPA youth. The Youth Bureau office is doing an outstanding job. VOTE: Passed 7-0. RESOLUTION NO. 173 Motion by Larison, Second by Bleiler. REGULAR MEETING - MAY 10, 1999 RE: 65 DECLARE EQUIPMENT JUNK - YOUTH BUREAU WHEREAS, the Youth Bureau Department has an inoperable Canon Copier and an inoperable Royal Typewriter that have been replaced, and WHEREAS, this copier and this typewriter should be declared junk and disposed of by the Building Maintenance Supervisor. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declare the following equipment in the Youth Bureau office junk: 1 Canon Copier S/N CXL13629 1 Adler Royal Typewriter S/N 54171810 VOTE: Passed 7-0. RESOLUTION NO. 174 Motion by Bleiler, Second by Larison. RE: AUTHORIZE SIX (6) RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that six (6) resolutions be brought to the floor. VOTE: Passed 6-0. RESOLUTION NO. 175 Motion by Larison, Second by Young. RE: AUTHORIZE ADDITIONAL SPACE FOR YOUTH BUREAU AND COUNTY ATTORNEY OFFICES WHEREAS, Room No. 101 in the County Office building is vacant with the move of the District Attorney=s Office, and WHEREAS, there are no plans for using this space in the near future, and WHEREAS, the Youth Bureau Office is in desperate need of office space, especially with the additional staff being hired for the Summer Youth Employment and Training Program, and WHEREAS, the County Attorney=s Office is also in desperate need of space with the Assistant County Attorney now being full-time. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the use of Room No. 101 in the County Office Building to be used by the Youth Bureau, as well as continuing use of one room from their current office space, and BE IT FURTHER RESOLVED, that the County Attorney=s Office be expanded into one room from the Youth Bureau=s current office space. DISCUSSION: Legislator Larison stated that the space committee met and the need is there. There are currently three people in two offices in the County Attorney=s office and Sue Morton from the Youth Bureau currently works upstairs in an office out of Probation. The children need easier access to Sue. If we temporarily move some of the Youth Bureau to this office, it would help for the summer. We need to pay attention to our youth. Legislator Young said she likes the word temporary. She would like to see the Youth Bureau at the Rural Urban Center again or at least out of the County building. Legislator Marvel agrees with Legislator Young that is should read temporary in the resolution, if so, he can support it. He feels the County needs to look at office space in general. Attorney Coleman said he appreciates the opportunity to comment and thanked Legislator Larison for his support. He said if it comes down to a choice between the Youth Bureau and his office as who has the worst need, his office will take the hit and give it up to the Youth Bureau. VOTE: Passed 7-0. RESOLUTION NO. 176A Motion by Marvel, Second by Karius. RE: MOTION TO AMEND RESOLUTION NO. 176 TO CHANGE THE EFFECTIVE DATE - FAILED BE IT RESOLVED, that Resolution No. 176 be amended to have an effective date of January 1, 2000. DISCUSSION: Legislator Marvel said he has no problem with the Appeal Committee=s work, he understands that their decision is based on their best judgement. However he feels that salary adjustments are not an emergency that should come out of contingency. He would be willing to agree to an effective date of January 1, 2000. He feels the Legislature needs to stick by the budget for this year, they are not far enough into it yet. Legislator Young said while this is not an emergency for the Legislators, it is for the employees. At least two of these appeals go back into 1998, and feels they should not have gone on this long. She is concerned about the message being sent to the 66 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE employees. She noted that the Legislature spent $2,500 to bring in a consultant to review our management level salaries, and was advised by that consultant that the Legislature would need to fine tune his work. She does not want to see this process held up any longer. Legislator Larison feels the Legislature will be jeopardizing the trust they have been building between themselves and the employees for the past year. He encouraged the Board to act honorably on these increases. Legislator Karius said she feels sorry for the taxpayers. There is not a large tax base in Schuyler County and it is especially difficult for the older folks. Legislator Bleiler said he is opposed to amending the main motion. The only reason this is an emergency resolution is because it was defeated in committee where it only takes two votes to defeat a motion. He felt this issue needed to come before the full Legislature. He feels this increase is in the budget, because the contingency account is meant specifically for this type of concern. The only other way to pay for this would be to budget so much money in the budget for salary adjustments. If the Legislature did that, a message would be sent that there is money in the budget for this, that adjustments will be made, and then the Legislature would be fighting over who would get what. As it stands now, the Appeals Committee listens fairly to appeals. Legislator Marvel feels that the monies set up in contingency are set up for emergencies and unexpected events. Chairman Gifford said he feels this is a matter of policy and contract, and the Management/Confidential Salary Plan (the contract) outlines an appeal process. He continued by explaining the appeal process and noted it is the Legislature=s prerogative to accept or reject the Appeal Committee=s recommendation. He asked if the Legislature will honor the contract or not? Legislator Young feels the amount of money involved with the salary adjustments is reasonable, and that the cost of replacing the individuals involved will far outweigh authorizing the proposed salary adjustments. Legislator Marvel questioned why the adjustments could not wait until January 1, 2000? Legislator Bleiler explained that the appeal is on the 1999 salary. VOTE: Failed 3-4. Noes: Bleiler, Larison, Young, Gifford. RESOLUTION NO. 176 Motion by Larison, Second by Bleiler. RE: APPROVE RECOMMENDATION OF APPEALS COMMITTEE ON 1999 MANAGEMENT/ CONFIDENTIAL SALARIES AND AUTHORIZE AMENDMENT OF THE MANAGEMENT/ CONFIDENTIAL SALARY PLAN - FAILED WHEREAS, four employees and/or their department heads submitted appeals to their 1999 salaries as permitted in the Schuyler County Management/Confidential Salary Plan, and WHEREAS, the designated Appeals Committee met and duly considered the facts in evidence regarding each appellant=s case and unanimously recommends the following amendments to the Management/Confidential Salary Plan and the salary adjustments thereby indicated. NOW, THEREFORE, BE IT RESOLVED, that the factor rating chart (page 16) be amended for the four positions appealed as follows: I II III IV V VI VII Total Grade Conf. Secy Co Atty 41 56 42 40 28 0 60 267 B Deputy Clk Leg 80 74 64 41 39 47 60 405 D Youth Service Planner 101 90 68 61 56 31 80 487 E Pers Secy to Leg 40 40 44 32 27 0 60 243 B, and BE IT FURTHER RESOLVED, that the employees listed below be given the recommended salary adjustments for 1999 which are based on the revision of the factor ratings or other evidence considered during the appeal process: Barbara Klemann $26,400.00 Stacy Husted 25,300.00 Robin Thoman 21,357.00 David Sanders 28,150.00, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized and directed to pay these four employees the adjusted the salaries retroactively to January 1, 1999, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer the necessary funds to effectuate these increases from contingency account 1990.5 into the appropriate personal services accounts, REGULAR MEETING - MAY 10, 1999 67 and BE IT FURTHER RESOLVED, that the adjusted salaries for Robin Thoman and David Sanders shall be effective and paid immediately and that the adjusted salaries of Stacy Husted and Barbara Klemann be effective and paid upon passage of a Local Law to amend Local Law No. 4 of the year 1998 and following the 45 day period for permissive referendum as required by law. DISCUSSION: Legislator Bleiler asked his fellow Legislators to follow the Management/Confidential Salary Plan that is in place. The Plan was followed as far as the appeals. He explained that the Plan provides for equity and fairness. The appeals committee is made up of a management level representative, the Personnel Officer, Chairman of the Legislature, Chairman of Management and Finance Committee and the appropriate Committee Chairman. When you get these different kinds of people together, there are different opinions. There was a lot of disagreement during the appeals, but after a lot of discussion and listening and fairness, they came up with a decision which was felt to be fair. If the Legislature rejects this resolution, fairness is lost. All the power is put back to the Legislature. If the Legislature rejects this resolution, we are telling our employees that we will live by the Plan until we do not like it. He feels this is the worse possible thing to do for the morale of this County. Legislators Young and Larison again encouraged the Board to reconsider and support this resolution. VOTE: Failed 4-3. Noes: Marvel, Little, Karius. WITHDRAWN RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 1999 TO AMEND LOCAL LAW NO. 4 OF THE YEAR 1998 SETTING THE SALARY OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 1999 WHEREAS, the Schuyler County Legislature has determined the salaries for certain public officials for the year 1999 be amended, and WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law, and WHEREAS, Local Law No. 4 of the year 1998 setting the salary of certain public officers for the year 1999 was duly adopted by the Schuyler County Legislature on December 14, 1998, and WHEREAS, the salaries of the Confidential Secretary to the County Attorney and the Deputy Clerk of the Legislature be amended to reflect the following in boldface below. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/ Local Law No. Of the year 1999 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 June 14, 1999 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 2 OF THE YEAR 1999 A Local Law Setting the Salaries of Certain Public Officers for the year 1999. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated retroactive to January 1, 1999. 2. The following public officers are subject to the provision hereof: Personnel Officer $36,080 County Attorney $37,500 Confidential Secretary, County Attorney $26,400 Deputy County Clerk $23,678 District Attorney $34,700 Assistant District Attorney $20,500 Secretary to the District Attorney $17,318 Clerk of Board of Legislature $30,443 Deputy Clerk of Legislature $25,300 Public Defender $30,383 68 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Purchasing Agent $30,285 Real Property Tax Agency Director $34,368 Commissioner of Social Services $44,000 Deputy County Treasurer $31,145 County Highway Superintendent $39,600 Deputy County Highway Superintendent $35,933 Sheriff $48,175 Undersheriff $38,962 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. * Boldface is amended change. RESOLUTION NO. 177 Motion by Bleiler, Second by Marvel. RE: AUTHORIZE LEASE AGREEMENT WITH PETER KROG FOR USE OF PROPERTY AT THE LAKE FRONT WHEREAS, the County, in cooperation with the Village of Watkins Glen, would like to utilize lake front property leased by Peter Krog for parking. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize its Chairman to enter into a lease agreement with Peter Krog for use of land near the lake front for parking for one year at a cost of $100; lease to be drafted by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $100 from Contingency account no. 1990.5 to Seneca Harbor Park account no. 7110.490 to cover said cost. VOTE: Passed 7-0. RESOLUTION NO. 178 Motion by Little, Second by Marvel. RE: AUTHORIZE CHAIRMAN TO SIGN ANOTICE TO VACATE@ AND THE SHERIFF=S DEPARTMENT TO HAND DELIVER NOTICES BE IT 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 ANotice 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 ANotice of Vacate@ be sent by registered mail to the most recent owners of record as shown in the property description. VOTE: Passed 7-0. RESOLUTION NO. 179 Motion by Karius, Second by Bleiler. RE: AUTHORIZE CREATION OF A CORRECTION OFFICER POSITION - SHERIFF=S DEPARTMENT WHEREAS, during the 1999 budget negotiation process, it was agreed the Sheriff could budget to hire a Correction Officer for the jail after April 1, 1999, and WHEREAS, this position was budgeted, but not created. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorize the creation of a Correction Officer position in the Schuyler County Sheriff=s Department retroactive to April 26, 1999 at an hourly rate of $11.28. VOTE: Passed 7-0. REPORT ON STANDING COMMITTEES: Legislator Young reported that there is a new Director of the Child Care Coordinating Council and attended the first meeting at which the new Director was on board. The Environmental Management Council has a subcommittee which will be helping with the County Comprehensive Plan. One of the issues that will be raised is having strict development guidelines wherever infrastructure is extended to insure quality development. Legislator Karius reported that the Town of Hector had a Dumpster Day where folks could go and take certain kinds of trash. It was a very successful day. Legislator Bleiler reported that he attended Finance School. The County=s $MART Review application is 69 REGULAR MEETING - JUNE 14, 1999 still in the district office and scheduling remains in their hands. As far as the state budget, there is still $4 billion dollars difference between budgets of the Congress and Senate. The tobacco settlement issue is very interesting. The comment was that the money will flow, but when and how is the question. They took a look at our own County versus other counties as to how we are doing fiscally, and we have a very acceptable fund balance and level of indebtedness. The only issue of concern was the level of property tax. One of the programs he attended was on the state retirement program and the state is considering an incentive program again this year. Legislator Larison reported that Governmental Operations Committee is running well. He added that he attended a meeting for the Soil and Water Conservation District relative to manure nutrient management. This will be an United States Environmental Protection Agency mandate and there will have to be some changes made by farmers in order to be compliant. Legislator Marvel reported on the Community Development and Natural Resources Committee. He noted that National Health Care Corporation=s decision to move to Schuyler County involved many, many people. It was a huge effort. The key persons were Susan Payne of SCOPED and Terry Horgan of SCIDA. He reported that the grants have not been acted on for the IMAX Theater or the lakefront hotel project. They hope to hear something soon. Susan Payne applied for a grant through the Southern Tier Central Regional Planning and Development Board and was awarded the grant to assist the cottage industry in Schuyler County. Cornell Cooperative Extension saw a need in this area. The grant is for approximately $38,000. UNFINISHED BUSINESS: None. NEW BUSINESS: Legislator Bleiler said in light of the resolution to support the appeals being defeated, he would like a motion to support this issue being sent back to the Appeals Committee for reconsideration. MOTION by Bleiler, SECOND by Young to support the Appeal Committee=s recommendation be sent back to them for reconsideration. Legislator Bleiler wants to try to find a solution. Vote passed 7-0. PUBLIC PARTICIPATION: Casey Creamer feels, regarding the appeals resolution, all the discussion before the vote probably already lost the employees= trust, so the Legislature might as well have saved the money, too. He also responded to Legislator Karius= comments relative to this issue, and said that Schuyler County is well known around the state as being low paying. Hazel Raplee noted that there is a community section in the proposed school building project and they are looking at moving the Youth Bureau into the school districts. She also asked the Legislators to write to state officials and encourage them to finalize their budget. Bob Burnside said he understands Legislator Marvel=s point of view relative to the appeals, but sometimes you have to find the money because there is credibility and principle involved. If there is a problem with the Plan, change the Plan, but do not penalize the employees. Sue Brill said she is glad to hear the Appeals Committee will reconsider the issue of the appeals. She asked the Legislature to think about the emergency they would have if one of those employees left. It costs money to hire new employees. Tom Ryan asked the towns and villages are notified when the County has surplus items? Chairman Gifford said the municipalities are notified. The meeting adjourned at 8:13 p.m. Gail M. Willis, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING JUNE 14, 1999 The Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All 70 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Casey Creamer asked about Resolution No. 212 setting up a Y2K committee. Tom Bloodgood explained the resolution. He feels the County needs to address contingency plans in this regard , and said most other issues have already been addressed. The people in the resolution list are those who he felt needed to be on the committee. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 1999 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2000, 2001, 2002 AND 2003 : Casey Creamer repeated a statement he made from last month. He feels since there is no County manager, the money should be spent on the Legislators. He asked when did the Legislators last receive an increase? Legislator Hastings said it has been at least eight years. Casey asked why just the position of the Treasurer is receiving an increase in salary? Legislator Hastings feels you give raises to encourage good people to get involved. Chairman Gifford noted that the job of a Legislator is part-time and not full-time like an administrator. Legislator Larison said his position was to at least give the Legislators a cost of living increase. This may help people become interested in running. Robert Burnside said every Legislator has a different reason for why they are here. It is obviously not money. Some like the power, the notoriety and some are noble. He suggested that maybe if the insurance was free it would be an incentive for more people to run for office. He feels most people are doing the job because they want to do it. RESOLUTION NO. 180 Motion by Larison, Second by Little. RE: APPROVE MINUTES OF THE MAY 10, 1999 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 10, 1999 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 181 Motion by Hastings, Second by Marvel. RE: AUTHORIZE MAINTENANCE AGREEMENT FOR UNINTERRUPTED POWER SUPPLY (UPS)EMERGENCY MANAGEMENT - AS AMENDED WHEREAS, the Office of Emergency Management has purchased an Uninterrupted Power Supply (UPS) for the Communications Center to keep the emergency radio communications system functional. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a maintenance contract with Bouille Electric to provide maintenance and service for the UPS for a term of July 1, 1999 to June 30, 2000 at a cost of $4,596.00 to be paid from account no. 3689.426; agreement subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 182 Motion by Hastings, Second by Marvel. RE: AUTHORIZE THE FILLING OF A CORRECTIONS OFFICER POSITION - SHERIFF=S DEPARTMENT WHEREAS, there is a Corrections Officer position in the Sheriff=s Department Jail Division that has been vacant for more than 90 days, and WHEREAS, it is necessary to fill this position at this time and there are sufficient fund in the budget to fund said position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill the vacant Corrections Officer position at an hourly rate of $11.28 effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 183 Motion by Hastings, Second by Marvel. RE: WELCOME TO NATIONAL FIELD ARCHERS WHEREAS, archers from throughout the United States will be meeting in Schuyler County July 26, 1999 July 30, 1999 for the National Field Archers Competition, and REGULAR MEETING - JUNE 14, 1999 71 WHEREAS, this Legislature is proud to welcome once again the National Field Archers and their families to beautiful Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby welcomes the National Field Archers and their families and invites them to partake of the natural beauty, recreational parks and lakeside opportunities and facilities Schuyler County has to offer, and BE IT FURTHER RESOLVED, this Legislature further extends its best wishes to the Archers and their families for an enjoyable stay in our County and wishes the best of luck to the competitors in the Competition. VOTE: Passed 8-0. RESOLUTION NO. 184 Motion by Little, Second by Marvel. RE: AUTHORIZE INTERMUNICIPAL AGREEMENTS IN ACCORDANCE WITH ARTICLES 5-G, GENERAL MUNICIPAL LAW, FOR MUTUAL AID POLICING AT WATKINS GLEN INTERNATIONAL - SHERIFF=S DEPARTMENT WHEREAS, events at Watkins Glen International throughout the season constitute significantly increased law enforcement requirements, and WHEREAS, additional resources are required in the interest of public law enforcement safety, and WHEREAS, Section 209-f of the General Municipal Law authorizes the request of mutual aid from other police agencies, particularly Sheriff_s Departments, and WHEREAS, the New York State Attorney General has opined that mutual aid responsibilities may be the subject of intermunicipal agreements. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter such intermunicipal agreements as described above and that the County be authorized to use any monetary donations from Watkins Glen International to offset the cost of such mutual aid, subject to the approval of the Schuyler County Attorney_s Office. VOTE: Passed 8-0. RESOLUTION NO. 185 Motion by Little, Second by Marvel. RE: ACCEPT PROPOSAL FROM AMERICAN RED CROSS FOR FIRST AID TRAINING - HIGHWAY WHEREAS, the County Highway Superintendent and the Public Works Committee has recommended that the American Red Cross do first aid training that is required by OSHA. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a provider agreement with the American Red Cross to provide certified training for the Schuyler County Highway Department as required at an approximate cost of $450 which is included in the 1999 budget, agreement subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 186 Motion by Little, Second by Marvel. RE: AUTHORIZE EXPANSION OF ACCOUNT CLERK TYPIST POSITION TO FULL-TIME AT 35 HOURS PER WEEK - HIGHWAY - FAILED WHEREAS, the Highway Superintendent and the Public Works Committee have reviewed the needs in the office of the Highway Department, and have concluded that additional full-time help is imperative to the plans of the future, and WHEREAS, this will prove to be cost effective by freeing up the Superintendent=s time to do more of what he was hired to do (i.e. funding, bridge inspections for maintenance instead of replacement, building a reliable equipment fleet). The Superintendent needs to plan, coordinate and administer the work of the County Highway Department, not perform the time-consuming clerical work that could be done by the Account Clerk Typist, and WHEREAS, this will also prevent any undo hardship in the event of an extended illness or termination of employment by one person. In a one person office, this can be a very difficult time for many people, as has happened in the past. By having an additional full-time person, trained in all aspects of the operation, the office can continue to run efficiently. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve the expanding of 72 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE the part-time Account Clerk Typist in the Highway Department to full-time at 35 hours per week with the funding available in the 1999 budget. VOTE: Failed 3-5. Noes: Marvel, Hastings, Little, Karius, Gifford. RESOLUTION NO. 187 Motion by Karius, Second by Hastings. RE: AUTHORIZE CONTRACT BETWEEN SCHUYLER COUNTY PUBLIC HEALTH AND DR. KIRK PETERS TO ADMINISTER RABIES CLINICS IN SCHUYLER COUNTY WHEREAS, the Schuyler County Public Health Department performs rabies clinics for Schuyler County residents and Dr. Kirk Peters will assist in the operation of these clinics and provide these services at the rate of $25.00 per hour. NOW, THEREFORE, BE IT RESOLVED, the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Dr. Kirk Peters at the above rate effective January 1, 1999 through December 31, 1999; this contract is subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 188 Motion by Karius, Second by Hastings. RE: AUTHORIZE CONTRACT BETWEEN SCHUYLER COUNTY PUBLIC HEALTH AND DR. FRANK FIELDER TO ADMINISTER RABIES CLINICS IN SCHUYLER COUNTY WHEREAS, the Schuyler County Public Health Department performs rabies clinics for Schuyler County residents and Dr. Frank Fielder will assist in the operation of these clinics and provide these services at the rate of $25.00 per hour. NOW, THEREFORE, BE IT RESOLVED, the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Dr. Frank Fielder at the above rate effective January 1, 1999 through December 31, 1999; this contract is subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 189 Motion by Karius, Second by Hastings. RE: AUTHORIZE CONTRACT RENEWAL WITH PEDIATRIC PHYSICAL & OCCUPATIONAL THERAPY SERVICES - PUBLIC HEALTH WHEREAS, the Home Health Agency had contracted with Pediatric Physical & Occupational Therapy Services for physical therapy at the rate of $36.00 per hour, occupational therapy at a rate of $40.00 per hour and speech therapy at a rate of $36.00 per hour, and the term of the contract has changed. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Pediatric Physical & Occupational Therapy Services to provide services to the Home Health Agency patients from January 1, 1999 through December 31, 1999 at the rates set forth above; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 190 Motion by Little, Second by Marvel. RE: AUTHORIZE CONTRACT RENEWAL WITH STAFFCARE OF NEW YORK, INC. (AMERICARE) PUBLIC HEALTH WHEREAS, the Home Health Agency had contracted with Staffcare of New York, Inc. (Americare) to provide services as needed at the following rates: Home Health Aide $13.50 per hour Personal Care Aide $12.75 per hour Licensed Practical Nurse $21.25 per hour Registered Nurse $25.00 per hour Registered Nurse (High Tech) $32.50 per hour, and WHEREAS, the term of the contract has changed. REGULAR MEETING - JUNE 14, 1999 73 NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Staffcare of New York, Inc. (Americare) to provide services to the Home Health Agency patients from January 1, 1999 through December 31, 1999 at the rates set forth above; contract subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 191 Motion by Little, Second by Marvel. RE: APPOINTMENT - EARLY INTERVENTION DESIGNEE - PUBLIC HEALTH WHEREAS, it is desirous to appoint Debra McLaughlin as Designee to the Early Intervention Program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature appoints the above as Designee to the Early Intervention Program, effective immediately. VOTE: Passed 8-0. RESOLUTION NO. 192 Motion by Little, Second by Marvel. RE: DECLARE EQUIPMENT SURPLUS B BOARD OF ELECTIONS WHEREAS, the Board of Elections has two (2) unneeded dot matrix printers, which have been replaced with a laser printer necessary to facilitate the NTS elections software, and WHEREAS, the Board of Elections also has one (1) outdated, inoperable computer battery backup which has been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the equipment listed below as surplus for inclusion in the 1999 Schuyler County auction: One (1) Panasonic KX-P3624 Dot Matrix Printer S/N 4CMCDB12361 One (1) Epson FX-1050 Wide Carriage Dot Matrix Printer S/N 00D0030868, and BE IT FURTHER RESOLVED, that the County Legislature hereby declare the equipment listed below as junk to be disposed in the proper manner: One (1) Tripplite BC400N LAN UPS VOTE: Passed 8-0. RESOLUTION NO. 193 Motion by Marvel, Second by Little. RE: DECLARE EQUIPMENT JUNK B EMERGENCY MANAGEMENT WHEREAS, the Emergency Management Office has five (5) inoperable, non-repairable, unusable typewriters and, WHEREAS, said typewriters have been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment listed below as junk, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor dispose of said typewriters in the proper manner. One (1) IBM Selectric Model 71 S/N 5822862 One (1) IBM Selectric Model 72 S/N 5590751 One (1) IBM Selectric II S/N 264647116 One (1) IBM Selectric II S/N 266878552 One (1) Smith Corona S/N 62E5282693-15 VOTE: Passed 8-0. RESOLUTION NO. 194 Motion by Marvel, Second by Little. RE: DECLARE EQUIPMENT JUNK B SCHUYLER COUNTY ATTORNEY WHEREAS, the Schuyler County Attorney has one (1) inoperable, non-repairable computer battery backup, and WHEREAS, said battery backup, purchased in 1993, will be replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare equipment listed below as junk, and 74 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor dispose of said battery backup in the proper manner. One (1) APC Backups 360SX S/N W910312416 VOTE: Passed 8-0. RESOLUTION NO. 195 Motion by Marvel, Second by Little. RE: ESTABLISH GUIDELINES RELATIVE TO PURCHASING REFRESHMENTS FOR CERTAIN COUNTY-RELATED FUNCTIONS WHEREAS, conducting in-house training and multi-County training, as well as holding regional information sharing meetings, are options being pursued since they save time and money, and WHEREAS, it is recommended that departments be allowed to purchase refreshments for these types of activities, within certain guidelines and budget constraints, and WHEREAS, there are no guidelines relative to purchasing refreshments for certain County-related functions. NOW, THEREFORE, BE IT RESOLVED, that the following guidelines for purchasing refreshments for County-related functions be hereby adopted effective immediately: GUIDELINES FOR PURCHASING REFRESHMENTS FOR CERTAIN COUNTY-RELATED FUNCTIONS 1) Refreshments may be purchased for any of the following type of County training opportunities: Hosting Regional Training Meetings. Hosting Regional Information Sharing Meetings. Attending Regional Training/Information Sharing Meetings wherein there is a rotating cycle of sharing refreshments. Conducting in-house training sessions that are a minimum of 3 hours in duration. 2) Providing refreshments is to mean providing a non-alcoholic beverage, small snack and necessary paper supplies. 3) Purchases of refreshments are to be authorized by Department Heads only. 4) Refreshments may be purchased in conformity with any grant program guidelines and as approved by the Department Head. 5) Under no circumstances will in-house training sessions or County-scheduled meetings be scheduled so as to conflict with meal times. County employees will not be reimbursed for their own meals. BE IT FURTHER RESOLVED, that all purchases are contingent upon availability of funds and subject to the approval of the Schuyler County Auditor, and BE IT FURTHER RESOLVED, that these guidelines be made part of the Schuyler County Policies and Procedure Manual. VOTE: Passed 8-0. RESOLUTION NO. 196 Motion by Little, Second by Marvel. RE: ADOPT PURCHASING POLICY AS AMENDED WHEREAS, the Schuyler County Purchasing Policies and Procedure have not been updated since November, 1997, and WHEREAS, the Purchasing Agent has made updates, changes and clarifications to the existing Purchasing Policies and Procedures which have been reviewed and approved by the Management and Finance Committee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Purchasing Policies and Procedures as amended and on file dated June 7, 1999. VOTE: Passed 8-0. RESOLUTION NO. 197 Motion by Little, Second by Marvel. RE: DECLARE EQUIPMENT SURPLUS - REAL PROPERTY WHEREAS, the Real Property Tax Office has an outdated Computer and Monitor, and WHEREAS, said computer and monitor have been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature REGULAR MEETING - JUNE 14, 1999 75 hereby declare equipment listed below as surplus, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor store said computer and monitor for sale in the County auction. One (1) Serendipity Computer S/N ACC032587 One (1) Relysis Monitor S/N 30218213 One (1) Keytronic Keyboard S/N C934890225 VOTE: Passed 8-0. WITHDRAWN RE: REVIEW RECLASSIFICATION OF TITLES COVERED BY THE CSEA ADMINISTRATIVE CONTRACT WHEREAS, it has been for three or four years an objective of the Schuyler County Legislators, department heads, and officers and employees of the CSEA Administrative Unit to find a cost effective solution to the need for a review of the classification of the titles covered by the Administrative Contract, and WHEREAS, the Municipal Services Division of the New York State Department of Civil Service is considering providing a classification survey of those positions for the County at no cost, and WHEREAS, in order to commit the hours and funds necessary to accomplish this project the NYS Civil Service Division needs to be assured that this endeavor has the support of the Legislature and that the Legislature is making a commitment to utilize and implement the classification survey upon its completion, and WHEREAS, it is understood by all parties that the recommendation resulting from the classification study may be amended if appropriate to accomplish a fair and equitable classification system for employees, and WHEREAS, it has been clearly explained to all parties that reclassification of some titles may result in some employees being required to qualify for the new grade classification by Civil Service examination, and WHEREAS, it is not the intent of anyone or the purpose of this plan to eliminate anyone from employment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does commit their support and cooperation to a classification survey of positions covered by the CSEA Administrative Contract to be conducted by the Municipal Services Division and to implement a more equitable classification plan based on the recommendations to be made upon completion of the survey, and BE IT FURTHER RESOLVED, that after the classification survey is completed an internal and external salary equitable study will be conducted by Municipal Services Division and the Legislature will give serious consideration to the salary information provided, and BE IT FURTHER RESOLVED, that copies of this resolution shall be provided to James Gerrity of New York State Civil Service - Municipal Services Division, Tammy Brown, President CSEA Administrative Unit and all Department Heads. RESOLUTION NO. 198 Motion by Little, Second by Marvel. RE: RESOLUTION IN SUPPORT OF THE SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD=S PROPOSAL TO DEVELOP AN ADMINISTRATIVE GRANT APPLICATION FOR A RURAL TRANSPORTATION PLANNING ORGANIZATION (RPO) FOR STEUBEN AND SCHUYLER COUNTIES. WHEREAS, in urban areas of more than 50,000 population there exists twelve (12) Metropolitan Planning Organizations (MPO) for the purpose of providing local input into the regional transportation planning process, and WHEREAS, the Transportation Efficiency Act for the 21st Century (TEA-21) authorizes the establishment of Rural Planning Organizations (RPO) in those areas not served by a Metropolitan Planning Organization (MPO), and WHEREAS, the regional offices of the New York State Department of Transportation (NYSDOT) currently perform the transportation planning functions of an MPO in areas of New York State not served by MPO=s, and WHEREAS, the Southern Tier Central Regional Planning and Development Board has proposed to develop an application to the NYSDOT to establish a demonstration RPO for Steuben and Schuyler Counties, and WHEREAS, the establishment of said RPO would provide an opportunity for Steuben and Schuyler Counties to implement a long range transportation planning process to provide input to State and Federal transportation 76 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE funding decisions. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby support the development by the Southern Tier Central Regional Planning and Development Board of an administrative application to propose the establishment of a Rural Planning Organization for transportation planning for Steuben and Schuyler Counties, and BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to William Hess, Executive Director, Southern Tier Central Regional Planning and Development Board. DISCUSSION: Legislator Marvel explained that a transportation plan is lacking in this County. The municipalities have had this and now the State government has finally recognized the need for this. It is a minimal amount that the County will have to spend. VOTE: Passed 8-0. RESOLUTION NO. 199 Motion by Little, Second by Larison. RE: AUTHORIZE APPOINTMENT - PLANNING COMMISSION BE IT RESOLVED, that Legislator Glenn R. Larison be appointed to the Schuyler County Planning Commission to represent the Town of Catharine with a term to expire December 31, 1999. VOTE: Passed 8-0. RESOLUTION NO. 200 Motion by Little, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL WITH SCOPED, INC. WHEREAS, the original contract between the County of Schuyler and SCOPED, Inc. originated on June 9, 1998 and was to be renewed on an annual basis for two years thereafter, and WHEREAS, the Community Development & Natural Resources Committee wishes to renew the contract from June 9, 1999 to June 9, 2000 and appropriate the amount of $125,000 into the 2000 budget. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a renewal contract with SCOPED, Inc. for economic development services for the term June 9,1999 to June 9, 2000 in the amount of $125,000, contract subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby directed to appropriate the amount of $125,000 into the 2000 budget for the above mentioned contract. VOTE: Passed 8-0. RESOLUTION NO. 201 Motion by Little, Second by Larison. RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 1999 AMENDING LOCAL LAW NO. 2 OF 1988 TO EXTEND A 2% ROOM TAX TO ALL BED & BREAKFAST OWNERS WHEREAS, the Community Development and Natural Resources Committee recommends extending a 2% room tax to all Bed & Breakfast owners, and WHEREAS, in order to extend the 2% room tax to all Bed & Breakfast owners, Local Law No. 2 of the Year 1988 needs to be amended. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/ Local Law No. Of the Year 1999 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 July 12, 1999 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. Section 1. INTENT The intent of this Local Law is to expand the types of lodging accommodations subject to the 2% room tax imposed under Local Law No. 2 of the year 1988 to include bed and breakfast and tourist accommodations regardless of the number of rooms. Section 2. HISTORY REGULAR MEETING - JUNE 14, 1999 77 In accordance with the New York State Tax Law, Local Law No. 2 of the year 1988 imposed a room tax on lodging facilities, including those facilities commonly known as _bed and breakfast and tourist facilities_, but limited the application of such tax to facilities having six (6) or more rooms. Section 3. TEXT Local Law No. 2 of the year 1988 is hereby amended as follows: The following subsections are changed to read: 1.b. Operator. Any person operating a hotel, motel, bed and breakfast or tourist facility in the County of Schuyler, including but not limited to, the owner or proprietor of such premises, lessee, sub- lessee, mortgagee in possession, licensee or any other person otherwise operating such hotel, motel, bed and breakfast or tourist facility. 1.c. Hotel. A building, or portion of it, having one or more rooms which is regularly used and kept open as such for the lodging of guests. The term _hotel_ or _motel_ includes an apartment hotel, motor court or inn, boarding house or club, or similar hotel or motel type of accommodations by whatever name designated, whether or not meals are served and shall include those facilities commonly known as _bed and breakfast_ and _tourist_ facilities. 2. IMPOSITION OF TAX On and after the first day of September, 1999, there is hereby imposed and shall be paid a tax of 2% upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident, or (2) exempt organizations as hereinafter set forth. 6. REGISTRATION Within ten (10) days after the effective date of this Local Law, or in the case of operators commencing business after such effective date, within three (3) days after such commencement or opening, every operator shall file with the Treasurer a certificate of registration in a form prescribed by the Treasurer. Section 4. EFFECT ON PRIOR LOCAL LAW All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect. This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law. DISCUSSION: Legislator Marvel explained that the Community Development and Natural Resources Committee has met and discussed this local law with the Bed & Breakfast owners in the County. It will be very beneficial. He received a letter from motel owners asking the County to extend this room tax to all that rent rooms in hopes of reducing the tax by 1%. The County Attorney advised his committee that if the County wanted to go in that direction, it would require the State Legislature draft legislation. The original legislation allowed a 2% tax regardless of room size and the County opted to tax only Bed and Breakfasts with six rooms or more. In 1988 there were not a lot of Bed & Breakfasts in the County. Since then, a large growth has happened and it now makes sense to extend the tax to all of them. He feels this is the simplest solution. This resolution tonight is for introduction only so that the Legislature may hold a public hearing. VOTE: Passed 8-0. RESOLUTION NO. 202 Motion by Little, Second by Hastings. RE: RESOLUTION OF SUPPORT FOR THE ELIMINATION OF THE SUNSET PROVISION OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York=s more than 4300 local governments, and WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the LGRMIF operated successfully and supported essential advisement and grants projects signally to improve the management of records and information in local governments, and WHEREAS, the New York Legislature in 1995 extended the sunset date to December 31, 2000, and 78 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and WHEREAS, Schuyler County has benefitted from technical assistance, training, publications and five grants totaling $250,088 supported by 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. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the elimination of said sunset provision of December 31, 2000 in order to make the LGRMIF permanent. VOTE: Passed 8-0. RESOLUTION NO. 203 Motion by Little, Second by Hastings. RE: AUTHORIZE APPOINTMENT OF TRI-COUNTY YOUTH REPRESENTATIVE - YOUTH BUREAU BE IT RESOLVED, that David M. Sanders, Jr., Youth Services Planner of the Schuyler County Youth Bureau be appointed to represent Schuyler County on the Chemung-Schuyler-Steuben Workforce Development Youth Council. VOTE: Passed 8-0. RESOLUTION NO. 204 Motion by Little, Second by Hastings. RE: AMEND RESOLUTION NO. 172-99 REGARDING TITLE IIB SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM GRANT - YOUTH BUREAU WHEREAS, Resolution No. 172-99 regarding an application for Chemung-Schuyler-Steuben Workforce Development Board Title IIB Summer Youth Employment and Training Program grant needs to be amended in regards to changing the hiring of two teachers to one youth counselor, and WHEREAS, this matter has been addressed and approved by the Personnel Department. NOW, THEREFORE, BE IT RESOLVED, that the fifth ABe It Resolved@ clause in Resolution No. 172-99 that relates to the employees be amended to read as follows: A...BE IT FURTHER RESOLVED, that the Youth Services Planner of the Schuyler County Youth Bureau be authorized to increase the hours of the Youth Program Coordinator from 17 hours per week to 35 hours per week for twelve weeks, hire up to two full-time Youth Counselors at a salary of $11.74 per hour for 35 hours per week for eight weeks, starting June 7th and one part-time Youth Counselor at a salary of $11.74 per hour for 24 hours per week, for four to six weeks, and....@ VOTE: Passed 8-0. RESOLUTION NO. 205 Motion by Hastings, Second by Marvel. RE: AUTHORIZE RENEWAL OF MEDICAL TRANSPORTATION AGREEMENT WITH SCHUYLER ARC - SOCIAL SERVICES WHEREAS, the Department of Social Services wishes to continue providing medical transportation for recipients of Medicaid, and WHEREAS, the Arc of Schuyler County has been providing this service to the Department in the past, and WHEREAS, the Department and Arc has agreed to continue this service with a decrease of the semi-fixed route services from $1.32 per mile to $0.82 per mile for mileage in excess of 30,000, and WHEREAS, demand-responsive transportation (individual runs that cannot be accommodated in the semifixed route schedule) will be arranged with at least 48 hours notice and will be billed separately at a rate of $1.32 per mile, and WHEREAS, the demand-responsive transportation will be available between the hours of 8:00 am - 2:30 pm. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to renew the medical transportation agreement for the Department of Social Services with the above-noted changes for REGULAR MEETING - JUNE 14, 1999 79 the term July 1, 1999-June 30, 2000; agreement subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 206 Motion by Hastings, Second by Marvel. RE: AUTHORIZE ESTABLISHMENT OF ACCOUNT FOR AUTO SKILLS TRAINING GRANT - DSS WHEREAS, the Department of Social Services has been awarded an allocation of $20,702.00 from the New York State Department of Labor to provide Auto Skills Training to eligible recipients of Public Assistance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the appropriate budget accounts as set forth below: + $20,702 6010.314 Expense + $20,702 6010-4610 Revenue VOTE: Passed 8-0. RESOLUTION NO. 207 Motion by Hastings, Second by Marvel. RE: ACCEPT/REJECT BIDS FOR ONE NATURAL GAS FUELED GENERATOR - EMERGENCY MANAGEMENT WHEREAS, the County has advertised for bids for one (1) Natural Gas Fueled Generator, and WHEREAS, two bids were submitted and reviewed, with recommendation for acceptance and rejection being made by the Director of Emergency as set forth below. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the bid from R.L. Kistler, Inc., 300 Buell Road, Rochester, NY 14624 in the amount of $19,980 for one (1) Natural Gas Fueled Generator, and BE IT FURTHER RESOLVED, that the bid from Syracuse Supply, 294 Ainsley Drive, P.O. Box 37, Syracu se, NY 13205, in the amount of $15,77 0 was disqual ified and therefo re was rejecte d. VOTE: Passed 8-0. RESOLUTION NO. 208 Motion by Karius, Second by Little. RE: AUTHORIZING 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, 1998 through March 31, 1999, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto. VOTE: Passed 8-0. RESOLUTION NO. 209 Motion by Karius, Second by Little. 80 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE ACCEPT/REJECT BIDS FOR THE TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FOR THE PERIOD 7/1/99-6/30/2000 - PUBLIC HEALTH WHEREAS, Resolution No. 154-99 authorized advertising for bids for transportation of preschool handicapped children, and WHEREAS, bids were received and opened at the June 7, 1999 Legislative Resolution Review Committee meeting. NOW, THEREFORE, BE IT RESOLVED, that the bid from Birnie Transportation for transportation of preschool handicapped children to and from The Frank Pierce Early Childhood Center and SCT BOCES-Horseheads from July 1, 1999 to June 30, 2000 in the amount of $133.00 per child per day plus $12.50 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 The Special Children=s Center from July 1, 1999 to June 30, 2000 in the amount of $178.00 per child per day plus $15.00 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 SCT BOCES-Watkins Glen from July 1, 1999 to June 30, 2000 in the amount of $197.00 per child per day plus $10.50 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 Chemung County UCP from July 1, 1999 to June 30, 2000 in the amount of 81 REGULAR MEETING - JUNE 14, 1999 EXHIBIT "A" MORTGAGE TAX DISTRIBUTION AMONG TOWNS AND VILLAGES OCTOBER 1, 1998 THROUGH MARCH 31, 1999 Catharine In Assess 5,120,762 Cayuta Dix WG Dix MF Out Assess 14,486,125 Total Value 19,606,887 Total Dbld. 39,213,774 16,783,164 16,783,164 33,566,328 Vill. Sh 839.32 Town Share 5,588.06 Distribution 6,427.38 Percentage 13.0586 1,434.76 1,434.76 0.0000 17,896.05 23,995.34 24.6334 0.7853 55,778,307 1,778,113 55,660,490 113,216,910 226,433,820 5,910.86 188.43 6,404,599 162,063,689 168,468,288 336,936,576 601.25 31,029.65 31,630.90 1.9008 Montour-OD 1,050,702 Montour-MF 15,298,451 10,608,212 26,957,365 53,914,730 191.82 2,792.87 6,857.93 9,842.62 1.9488 28.3753 Orange 21,257,979 21,257,979 42,515,958 4,666.62 4,666.62 0.0000 61,760,592 69,753,055 139,506,110 9,533.35 10,112.72 5.7291 87,620,458 87,620,458 175,240,916 11,025.26 11,025.26 0.0000 88,031.68 99,135.60 76.4313 Hector Reading 7,992,463 Tyrone TOTALS 93,423,397 430,240,709 523,664,106 1,047,328,212 APPROVED BY COMMITTEE: 579.37 11,103.92 /s/ Delmar F. Bleiler, Jr. /s/ Patricia L. Hastings /s/ Richard L. Little /s/ Jerold D. Marvel 82 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE $157.00 per child per day plus $15.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Oaks Garage for transportation of preschool handicapped children to and from Yates ARC/Keuka Lake Schools from July 1, 1999 to June 30, 2000 in the amount of $89.00 per child per day plus $30.00 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that both bids, one from Birnie Transportation and one from Oaks Garage, for transportation of preschool handicapped children for miscellaneous transportation be hereby rejected, 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, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 210 Motion by Karius, Second by Little. RE: AUTHORIZE LITIGATION : TOWN OF DIX AND COUNTY OF SCHUYLER -VS- ALBERT AND FRANCES VALENT WHEREAS, Albert Valent owns lands on Baker Hill Road, Town of Dix, Schuyler County, New York, through which passes Baker Hill Road, and WHEREAS, Albert and Frances Valent have publicly given notice of an intention to block Baker Hill Road, a town road open to public passage by law, and WHEREAS, Albert and Frances Valent have placed or caused to be placed within the right-of-way of said town road signs, gate posts and gates which structures are a danger to public safety, and WHEREAS, on information and belief, said Valents intend to use the signs, gate posts and gates in furtherance of an illegal blockage of the road, and WHEREAS, blocking the roadway would constitute a great danger to public safety, and WHEREAS, it is the duty of the Sheriff to eliminate dangers to public safety in the roadways. NOW, THEREFORE, BE IT RESOLVED, that the County Attorney_s Office be hereby authorized to join in an action by the Town of Dix on behalf of the County of Schuyler for the removal of all structures from the right-of-way and for a permanent injunction forbidding Respondent Valents from blocking Baker Hill Road and to take any and all further/other measures allowed by law in the premises. DISCUSSION: Legislator Marvel requested that Attorney Coleman explain this resolution for the record. Attorney Coleman explained that this is a town road that Mr. Valent is blocking. The Sheriff=s Department is responsible for all enforcement in the County and the County has an obligation to eliminate hazards. If the road is blocked it is considered a hazard and is illegal. The County is the second party plaintiff with the town being the primary. When the issue comes to court it will be a matter of public record. Pleadings will become public. The town will proceed with due process. VOTE: Passed 8-0. RESOLUTION NO. 211 Motion by Little, Second by Marvel. RE: AUTHORIZE OUT OF STATE TRAVEL - MENTAL HEALTH WHEREAS, the Director of Community Services/Public Health has been invited to the National Association of City and County Health Officials annual conference in Dearborn, Michigan, and WHEREAS, the employee has submitted a voucher requesting a scholarship to this conference. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the Director of Community Services/Public Health=s request to travel out of state to attend the National Association of City and County Health Officials annual conference. It is understood there are funds in the 1999 budget to cover this expense and no additional cost to the County will be incurred. VOTE: Passed 8-0. RESOLUTION NO. 212 Motion by Little, Second by Marvel. RE: AUTHORIZE CREATION OF Y2K COORDINATION COMMITTEE 83 REGULAR MEETING - JUNE 14, 1999 WHEREAS, there are many parties involved in assuring Schuyler County=s readiness for Year 2000 and it is desirable to have a committee for coordination of all these efforts. NOW, THEREFORE, BE IT RESOLVED, that a Special Committee of the Legislature be created as follows: NAME OF COMMITTEE: Y2K Coordination Committee PURPOSE: Coordination of Year 2000 compliance and readiness throughout the County. The Committee will report directly to the County Legislature in an advisory capacity. MEMBERS: Tom Bloodgood, Real Property Tax Director Nancy Peters, County Treasurer William Randolph, Emergency Management Coordinator Michael Maloney, County Sheriff David Lisk, Building Maintenance Supervisor Greg Mathews, County Highway Superintendent Dennis Morris, Assistant County Attorney VOTE: Passed 8-0. RESOLUTION NO. 213 Motion by Hastings, Second by Karius. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 1999 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2000, 2001, 2002 AND 2003 WHEREAS, a proposed Local Law setting salaries for certain elected officials for fiscal years 2000, 2001, 2002 and 2003 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held June 14, 1999, and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. 1 of the year 1999, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 1 of the year 1999, together with the required text thereof in the official County newspaper. LOCAL LAW NO. 1 OF THE YEAR 1999 A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years, 2000, 2001, 2002, 2003. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for the fiscal years 2000, 2001, 2002 and 2003. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2000, 2001, 2002 and 2003 the annual salaries of the following officials are hereby established, to wit: TITLE 2000 SALARY 2001 SALARY 2002 SALARY 2003 SALARY Chairman of Legislature $10,000 $10,000 $10,000 $10,000 Legislators $ 5,000 $ 5,000 $ 5,000 $ 5,000 County Treasurer $37,000 $38,000 $39,000 $40,000 Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Hastings reported on the Public Safety/Criminal Justice Committee. She is trying to find a spot that the Department of Environmental Conservation (DEC) will approve for fire training grounds other than at the 84 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Rural Urban Center. That location was named after a Montour Falls fireman. The fire department will find another place for the monument. She also reported that the Soil and Water Conservation District has almost completed its barnyard project on Hayes Road. Legislator Little referred his committee report on the Public Works Committee to Legislator Hastings. Legislator Hastings reported that there was a meeting with New York State Department of Transportation (DOT) representatives, town and village officials. She felt is was a good meeting. There was a concern from business people on the restrictions on State Route 414 and 224. There is a State law that says when a road is restricted, it can only be used businesses along the route. They are looking into the law. She has written a letter to the municipalities involved and has asked that they respond with comments or suggestions. There was also discussion about holding a public meeting. Legislator Little also stated that everyone should check out the work done by the Buildings and Grounds Department at Seneca Harbor Park. They have done a great job, along with the Highway Department. Legislator Young reported on the Human Services Committee. Watkins Glen International has agreed to hire Schuyler County youth this year and will provide the tools and supervision. She gave some dates where the races will be going on and how much help will be needed at each race. She hopes kids will apply for the jobs this summer. She also stated that the Summer Youth Employment and Training program is working on helping kids receive high school diplomas and providing counseling for job skills. It is a very positive program. Legislator Bleiler reported on the Management and Finance Committee. The Management/Confidential Salary Plan sub-committee has been formed and has held two meetings so far. They are in the process of reviewing the plan and hope to agree on some improvements. One of the improvements is how management receives raises and appraisals. Legislator Larison reported the Forest Practice Board has been requested to create a generic land use law for towns to use as a guideline for their own laws. The board is in the process of creating that law. He also attended a Fish and Wildlife meeting and they discussed new license fees and where the money is going. They feel the State receives too much of the revenues from the fees. Legislator Marvel reported on the Community Development and Natural Resources Committee. The Cornell Cooperative Extension office has begun the process of interviewing for a new planner. Cornell Cooperative Extension is responsible for planning activities in the County. Charlie Fausold has done an excellent job in selecting who to interview. There has been little movement on the IMAX Theater and Hotel project at the lakefront. It has been pushed back to September. SCOPED has applied for a development grant through Southern Tier Central Regional Planning and Development Board. The grant has made it through two committees so far and they should hear something in October. Susan Payne from SCOPED has been working on a strategy for water and sewage for Watkins Glen International. UNFINISHED BUSINESS: None. NEW BUSINESS: None. PUBLIC PARTICIPATION: Robert Burnside asked how the Shared Fuel Facility is going. Legislator Hastings stated that it is going great and there are more and more users coming on board. Bill Weiss noted that the Mobile Work Crew has worked hard on the lakefront project. Casey Creamer asked why cottages do not apply to the room tax. He also asked if the tax was on just the rate of the room or is it based on the whole tab. Attorney Coleman explained that the first part is administration of tax, set out in the original Local Law. The original law does not say cottages, it does say boarding houses and does not include campgrounds. Administration and returns go to the Treasurer. The Treasurer believes it is charged by the room rate, but she would have to read the law again. Suzanne York questioned the advertising and the fee to be in the Chamber of Commerce brochure. Legislator Marvel tried to explain that only members of the chamber are included in the brochure. Suzanne feels they all should be in there free of charge if they are charging a room tax. The meeting adjourned at 7:50 p.m. Gail M. Hughey, Clerk 85 REGULAR MEETING - JUNE 14, 1999 Stacy B. Husted, Deputy Clerk REGULAR MEETING JULY 12, 1999 The 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 Marvel and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Casey Creamer asked why the second AWhereas@ in Resolution No. 240 refers to slower service. He feels this is moving toward centralization, every business in the County is looking at doing this. Legislator Bleiler explained that it is an economic issue, it will still cost the County the same to run the office with or without that revenue. It would be costing the County more and saving the state more. Bob Burnside feels the savings estimated by the State may not be accurate. He also feels the local Department of Motor Vehicles (DMV) can provide a better service for folks than the office in Albany. Tom Ryan feels the local DMV office should be kept here for people to have someone to talk to and explain things. Tom Ryan also commented on the tire recycling day that Cornell Cooperative Extension held. He feels they should be commended for a job well done and he hopes it will be held again next year. Casey Creamer commented on Resolution No. 224 relative to the smoke free policy. He feels this resolution is best because it appeases people and the County is not making any laws. Legislator Karius stated that they are just urging local businesses to do this. PUBLIC HEARING ON LOCAL LAW NO. 2 OF THE YEAR 1999 AMENDING LOCAL LAW NO. 2 OF 1988 TO EXTEND A 2% ROOM TAX TO ALL BED & BREAKFAST OWNERS: Casey Creamer asked if the 2% is applied to rent for every occupancy, or for breakfast. Chairman Gifford explained that this has been discussed at length. Unless the Bed & Breakfast establishment is willing to split out the meal, 2% is applied to both. Attorney Coleman agreed, unless or until they split the bed and the breakfast the gross will be subjected to the tax. Deborah Chambers, owner of a Bed & Breakfast, said she was not aware of this until she read it in the paper. She asked for some background. Legislator Marvel explained that his committee received a petition from motel owners to look at this issue. The Community Development and Natural Resources Committee decided that the easiest way was to amend the original local law from 1988 and include all bed & breakfasts. He had a special Community Development and Natural Resources Committee meeting and invited all Bed & Breakfast owners. Only three or four owners showed up. Since then it passed through his committee and has been introduced as Local Law No. 2 of the year 1999. He feels there was ample notice out there that they were contemplating this. Attorney Coleman added that this room tax law is reflective off a state law authorizing Schuyler County to have it and they are to only act within the parameters of the state law. Campgrounds are not included. Also, the County was approached on the basis that the desired change in the law was to level the playing field. The County has attempted to make the law as inclusive as the state law will allow. The Treasurer stated that the purpose of the room tax is to promote and support tourism. All businesses benefit from the advertising. Deborah Chambers stated that she is not in favor of this at all for any business, there are counties that do not have any room tax. She asked how Yates and Ontario counties do it without charging room tax. She asked that the Legislature look at other counties and how they promote their area. As far as money being used to promote, is it designated? Margaret Cook from the Chamber of Commerce explained that the money is designated for the County. These are not funds designated to the Chamber for anything other than tourism. They are solely used for advertising and promotion to attract visitors. She referred to a handout and gave some statistics. Deborah Chambers asked if only members of the Chamber of Commerce get listed in the travel guide. Margaret said no, and explained that there are different levels to participate, the rate is reduced if you are a member. 86 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE She also explained that the Chamber uses AI Love NY@ funds and the room tax serves as a match. Sandy Schmanke stated that their Bed & Breakfast is only in season for four to five months. She feels this will penalize a tourist with a tax that is unfair. George Conway asked what the County expects to receive from this change, and wondered if there should be a room tax at all. He feels Schuyler County does not have the market to draw in the people. Legislator Marvel stated that, at best, they project between $8-9,000 additional revenue. George asked what percent that is of the current revenue amount. The Treasurer said less than 25%. Dan Marosy asked who will manage the situation and make sure all owners participate? Is the County going to call cottage owners to see if they rent? He feels our customers may go to Yates County since they do not have a room tax. It seems like a small percentage to have to pass along to the guests and more paperwork for the owners. Legislator Marvel explained that the present local law does not allow a room tax on cottages. Carolyn Clarke, owner of the Clarke House Bed & Breakfast, said she feels it is difficult to collect this tax when Yates County does not. A lot of people have paid a bill already for advance reservations. It will be difficult to collect this tax now, when the County is also considering raising the sales tax to 8%. Michelle Marcellus feels that all citizens of Schuyler County should be trying to get tourists and everyone in the County to contribute to a tax where we all would benefit from tourism promotion. She feels it is not fair that the motels pay and no one else does. Deborah Chambers said that is a misconception, people in Schuyler County are not contributing to this, it is the tourists. Perhaps it should be the responsibility of the owners. We should model ourselves after a County that does not charge this room tax. Victor Franzese stated that he was involved twenty years ago when this original room tax was brought up. Had we known Bed & Breakfasts would be so popular we would have included them then. The County needed help in the form of dollars to support advertising. It was a matter of implementing a room tax as an avenue to get more people here to spend their money. Through the years, a lot of people ask about it. Most people are against a high sales tax but they do not mind a 2% room tax if it benefits them. Today if you look at it in the same light, they are far more competitive. We still need the dollars to show that this County exists. Sandy Schmanke from the Red House needs to go on the record by saying that she feels any of these extra taxes are a negative. We should not put a negative out to bring people in. She asked who is responsible for searching out other ways to bring in the money. Chairman Gifford explained that this process started four months ago. There have been committee meetings dedicated to this subject for input. It has been a long process. Deborah feels the effective date should be January 1, 2000 not September 1, 1999. Some people have already pre-paid for a room. She feels they need to be able to forewarn their customers. Attorney Coleman explained that a pre-pay rate set before the effective date is a done deal and does not fall within this tax. Doug Thayer asked about a deposit being sent and payment being made upon arrival. Attorney Coleman said to keep things rational, a confirmation is binding of a contract in writing. Greg Bitler, owner of the Chieftan Motel, stated that he started this petition. He knows how the revenue is spent. In looking at the handout from the Chamber, without a 2% room tax we would not have a lot of things, maybe not even a Chamber of Commerce. It is spent to bring in tourist of all kinds. We need this money to promote Schuyler County. He agrees with a lot of people here tonight, he would love not to choose to charge the tax. In reality it takes money to promote. This benefits everyone. As motel owners, we would like more money spent on promotion. Other counties have a bigger tax base, more population, etc. This County can not afford it, they are looking at raising the sales tax to 8%. That is a big concern of his. Taxes will then be 10% to his customers. He asked the Schuyler County Legislature to reduce the room tax to 1.5% to keep the same dollars coming in. He asked that they please postpone this vote and do some more research. RESOLUTION NO. 213 Motion by Larison, Second by Young. RE: APPROVE MINUTES OF THE JUNE 14, 1999 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 14, 1999 Regular Meeting of the Schuyler County REGULAR MEETING - JULY 12, 1999 87 Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 214 Motion by Little, Second Hastings. RE: AUTHORIZE TRANSFER OF FUNDS FROM MACHINERY DIESEL FUEL TO MACHINERY OVERTIME - HIGHWAY WHEREAS, the overtime account in Machinery Personal Services is depleted, however, there are funds available in the Diesel Fuel account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $5,000 from Diesel Fuel account no. 5130.526 to Machinery Overtime account no. 5130.101. VOTE: Passed 8-0. RESOLUTION NO. 215 Motion by Little, Second by Hastings. RE: RESOLUTION TO AUTHORIZE REFUND, PARCEL 87.5-1-17 - TOWN OF MONTOUR WHEREAS, application for refund has been made in accordance with Section 556 of the Real Property Tax Law for parcel 87.5-1-17, owned by John and Marie Pelham in the Town of Montour, Village of Montour Falls, and WHEREAS, the assessor has indicated that there existed an error in essential fact as defined in Section 550 (3) (b) of the Real Property Tax Law, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that the application be approved. NOW, THEREFORE, BE IT RESOLVED, that the 1999 tax roll be corrected and the County Treasurer be authorized to issue a refund in the amount of $80.46, and BE IT FURTHER RESOLVED, that the Odessa-Montour School District be charged back $30.98 (School tax $30.11, Library tax $.87), the Town of Montour be charged back $14.26, that the County share of $35.22 be charged to the A342, Uncollectible Taxes, and the copies of this resolution be provided to the Odessa-Montour Central School District and the Town of Montour. Land Total 1998 Final Assessment $2,500 $28,550 Corrected Assessment $2,500 $27,050 VOTE: Passed 8-0. RESOLUTION NO. 216 Motion by Little, Second by Hastings. RE: AUTHORIZE RENEWAL OF LABOR ONLY SERVICE AGREEMENT WITH STANDARD REGISTER - SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has an Electric Check Disburser, Model T9809, Serial Number X5064, and WHEREAS, it is cost effective to renew the labor only service agreement in lieu of purchasing a new disburser. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to renew the labor only service agreement with Standard Register for $345 per year (a $12 increase from 1998) and that the Chairman of the Legislature be hereby authorized to sign the agreement, subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 217 Motion by Larison, Second by Little. RE: AUTHORIZE INCREASE IN SOCIAL SERVICES BUDGET FOR DAY CARE PROVIDER REGISTRATION WHEREAS, the New York State Office of Children and Family Services is providing $25,500 for the Department of Social Services to register family and school-age day care providers. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to increase the Social Services budget as follows: AMOUNT ACCOUNT DESCRIPTION 88 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE + $25,500 6010.435 Professional Services + $25,500 6010-3610 State Aid - Administration VOTE: Passed 8-0. RESOLUTION NO. 218 Motion by Larison, Second by Little. RE: AUTHORIZE PURCHASE OF TRUCK - SOCIAL SERVICES WHEREAS, the Department of Social Services has received notification that the WORK NOW funds may be used to purchase a vehicle at no cost to the County, and WHEREAS, the Employment Unit has frequently needed to transport construction materials for the current garage project and anticipates pursuing future construction projects under the Governor=s ABuilt on Pride@ initiative. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to purchase a used pickup truck through WORK NOW funding not to exceed $8,000, pending written approval from the state. VOTE: Passed 8-0. RESOLUTION NO. 219 Motion by Larison, Second by Little. RE: AUTHORIZATION TO ENTER INTO A CONTRACT WITH GENE SCREEN FOR GENETIC PARENTAGE TESTING SERVICES FOR SOCIAL SERVICES CASES WHEREAS, the Schuyler County Child Support Unit wishes to provide genetic parentage testing services for Schuyler County Department of Social Services cases, and WHEREAS, the Laboratory has an extensive array of genetic marker tests from which to construct test batteries that will provide at least probability of paternity greater than 99% in all cases where the alleged father is not excluded from paternity or power to exclude more than 99.5% of randomly selected males, and WHEREAS, all specimens for genetic parentage testing will be handled by standard chain of custody procedures at a cost of $48 per person. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement between Schuyler County Department of Social Services and Gene Screen for parentage testing at a cost of $48 per person; subject to the approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 220 Motion by Karius, Second by Little. RE: AUTHORIZE RESOLUTION OF SUPPORT TO FEDERAL REPRESENTATIVES REQUESTING SUPPORT FOR FUNDING VETERANS SERVICES WHEREAS, the proposed Federal Budget for fiscal year 2000-2001 leaves the Veterans Administration with insufficient funds by $1.9 billion, and WHEREAS, it is imperative that the Veterans Administration be adequately funded to meet the growing health care needs of America=s aging veterans. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby support increased funding for the Veterans Administration in the minimum amount of $1.9 billion to maintain current services and facilities to veterans, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send certified copies of this resolution to the Hon. Amory Houghton, Jr., Hon. Charles E. Shumer, Hon. Daniel P. Moynihan, the House and Senate Committee on Veterans Affairs and the House and Senate Appropriations Subcommittees. VOTE: Passed 8-0. WITHDRAWN RE: AUTHORIZE RESOLUTION OF SUPPORT RELATIVE TO MEDICAID COST CONTAINMENT WHEREAS, the State of New York initially enacted measures to control the cost of Medicaid expenditures in 1995, and WHEREAS, the current measure expired on June 30, 1999, and WHEREAS, the State was required to notify the Health Care Financing Administration (HCFA) of the Federal government by June 30th of its intent to renew these cost containment measures in order to keep them in REGULAR MEETING - JULY 12, 1999 89 place, and WHEREAS, Governor Pataki submitted a bill to the State Legislature on June 21st renewing the cost containment measures, and WHEREAS, the Governor=s bill would protect New Yorkers from property tax increases while sparing County governments a severe fiscal burden by controlling the growth in Medicaid spending, and WHEREAS, the State Senate voted 54-2 to approve the cost containment legislation, and WHEREAS, the State Assembly failed to bring the measure to the floor for a vote, and WHEREAS, failure to renew the cost containment measures will cost the taxpayers of Schuyler County an additional $90,000. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly urges the NYS Assembly to approve legislation supporting Medicaid cost containment measures at their earliest convenience in order to ensure the next deadline of September 30th is met, and BE IT FURTHER RESOLVED, that the Governor, NYS Senate and NYS Assembly enact legislation assuming full financial responsibility for the non-Federal portion of all Medicaid costs, thus relieving New York City and County governments of the fiscal burden created by this costly program. WITHDRAWN RE: AMEND 1999 COUNTY BUDGET - PUBLIC HEALTH WHEREAS, the need exists for the Public Health/Home Health Agency to amend the 1999 County budget to increase contractual expenses and computer equipment, and WHEREAS, additional revenues are expected to offset these expenses. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the following accounts in the Public Health/Home Health Agency=s 1999 budget as follows: Expenses: 4010.208 Computer Equipment $10,000 4010.400 Contractual $50,000 Revenues: 4010-1610 Home Nursing Charges Revenue Account $60,000, and BE IT FURTHER RESOLVED, that this Legislature authorizes the expenditures for these items. RESOLUTION NO. 221 Motion by Karius, Second by Little. RE: AUTHORIZE CONTRACT WITH STAFKINGS HEALTHCARE SYSTEMS, INC. FOR HOME HEALTH AGENCY SERVICES WHEREAS, the Home Health Agency may need to contract for additional home health services as the need arises in the future, and WHEREAS, Stafkings Healthcare Systems, Inc., will provide these services at their established rates. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Schuyler County Legislature be authorized to approve an ongoing contract with Stafkings Healthcare Systems, Inc. to provide home health services from July 1, 1999 through December 31, 2000, at the rates listed below, subject to the approval of the Schuyler County Attorney: Registered Nurse $25.00/hour Registered Nurse for High-technology case $32.50/hour Licensed Practical Nurse $21.25/hour Home Health Aide $13.50/hour Personal Care Aide $12.75/hour VOTE: Passed 8-0. RESOLUTION NO. 222 Motion by Karius, Second by Little. RE: ACCEPT HUNT ENGINEERS AND ARCHITECTS PROPOSAL - PUBLIC HEALTH WHEREAS, the Health Services Committee has authorized the Director of Public Health to investigate options for space needs for the Public Health/Home Health Agency, and 90 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, Hunt Engineers has submitted an Architectural Services Proposal in the amount of $5,000 to develop and prepare a conceptual design and complete preliminary work. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the expenditure of $5,000 from account no. 4010.400 to Hunt Engineers for the Architectural Services Proposal dated May 18, 1999 for the Public Health/Home Health Agency. VOTE: Passed 8-0. RESOLUTION NO. 223 Motion by Little, Second by Karius. RE: AUTHORIZE FILLING ACCOUNT CLERK TYPIST OR DATA ENTRY MACHINE OPERATOR MENTAL HEALTH WHEREAS, the Schuyler County Mental Health Clinic has vacant a Account Clerk Typist and Data Entry Machine Operator position which have not been filled in over 90 days, and WHEREAS, the need exists for filling at least one position, which has been postponed in part to determine the needs following the consolidation of two departments, and WHEREAS, there is adequate funding in the departmental budget to cover this position. NOW, THEREFORE, BE IT RESOLVED, that the Mental Health Clinic be authorized to fill one position, either the Account Clerk Typist or Data Entry Machine Operator position, effective immediately. Funding for this position is available in the 1999 County budget. VOTE: Passed 8-0. RESOLUTION NO. 224 Motion by Little, Second by Karius. RE: RESOLUTION IN SUPPORT OF ASMOKE-FREE RESTAURANT@ POLICY WHEREAS, the Schuyler County Tobacco Awareness Committee has approached the Schuyler County Legislative Health Services Committee to gain support of a ban on smoking in restaurants throughout the County, and WHEREAS, a policy of this nature is best addressed at a regional level addressing all aspects of the issue to establish a consistent policy across the region whose constituent counties are bound together economically, politically, socially and environmentally, and WHEREAS, the United States, as a democracy, protects the rights of minorities without compromising the health and safety of the majority, and WHEREAS, a segment of the population chooses to smoke, and WHEREAS, the health hazards of second hand smoke are soundly supported by scientific evidence, and WHEREAS, the research on the economic impacts of smoke-free restaurants generally shows little to no loss of income generate by the change to Asmoke-free@, and WHEREAS, construction techniques are available to retrofit existing restaurants to provide physical separation between smoking and non-smoking areas, and WHEREAS, ventilation systems can be constructed or rebuilt to reduce ambient smoke levels to acceptable health levels. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature encourages restaurants to separate smoking/non-smoking areas, encourage the construction or rehabilitation of ventilation systems to meet health standards, encourages restaurants to voluntarily post ASmoke-Free Restaurant@ signs, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature will consider the use of funds from the tobacco settlement for the prevention of smoking hazards. DISCUSSION: Legislator Hastings feels that the Legislature needs to get a message out as to where this County stands on this issue. Second hand smoke is not very fair to non-smokers. Legislator Larison feels that businesses should make their own decision in regards to this. If they want a sign up they can do that on their own. He will be voting no. Legislator Young said she will go along with this resolution, since it has been altered. Her idea of a compromise is to have a sign on the door before entering an establishment. That is the first thing she wishes to see done. Legislator Bleiler feels this resolution does say something, it says that the Legislature wants to see this County go smoke-free, but not by the government ruling. He feels establishments will all go smoke-free on their own REGULAR MEETING - JULY 12, 1999 91 eventually. He is in favor of this resolution. VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 225 Motion by Little, Second by Karius. RE: RESOLUTION AUTHORIZING A MAINTENANCE AGREEMENT WITH MOTOROLA EMERGENCY MANAGEMENT WHEREAS, the Office of Emergency Management has purchased Motorola equipment for the control center, and this equipment needs to be maintained for the safety of the citizens of this County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into a maintenance contract with Motorola, Inc. to provide maintenance and service for the equipment specified in the contract; 1 console, 3 computers, and 3 monitors and 2 semi-annual preventive maintenance at a cost of $789 per month. The contract will have a term of August 1, 1999 to July 31, 2000. This will be paid for from account no. 3689.426; agreement subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 226 Motion by Hastings, Second by Little. RE: AUTHORIZE THE FILLING OF A DEPUTY SHERIFF POSITION - SHERIFF=S DEPARTMENT WHEREAS, there is a Deputy Sheriff position in the Sheriff=s Department road patrol that has been vacant for more than 90 days, and WHEREAS, it is necessary at this time to fill this position, and there are sufficient funds in the budget for this position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to fill this Deputy Sheriff position. VOTE: Passed 8-0. RESOLUTION NO. 227 Motion by Hastings, Second by Little. RE: AUTHORIZE TRANSFER OF FUNDS - BUILDINGS AND GROUNDS WHEREAS, the personnel account in the Seneca Harbor Park budget has been depleted, however, there is money available in the Buildings and Grounds 1620.100 account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $8,000 from Buildings and Grounds Personnel account no. 1620.100 to Seneca Harbor Park account no. 7110.100. VOTE: Passed 8-0. RESOLUTION NO. 228 Motion by Hastings, Second by Little. RE: AUTHORIZE ADVERTISEMENT FOR BI DS FOR ABSTRACTING SERVICES FOR 1999 TAX SALE AUCTION PROPERTIES BE IT RESOLVED, that the Clerk of this Legislature be hereby authorized to advertise for bids for abstracting services for the 1999 tax auction properties, and BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 p.m. on July 26, 1999 by the Clerk of the Legislature, 105 Ninth Street, Watkins Glen, NY 14891. Bids are to be opened and considered at the Management and Finance Committee meeting at 3:30 p.m. on July 27, 1999, at which time a recommendation for Legislative action will be made; acceptance or rejection of bids to be made at the August 9, 1999 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. VOTE: Passed 7-0. Abstain: Gifford. RESOLUTION NO. 229 Motion by Hastings, Second by Karius. RE: AUTHORIZE A CONTRACT WITH SCOPED, INC. FOR GRANT WRITING/ADMINISTRATION - AS AMENDED WHEREAS, it is proposed that the Schuyler County Partnership for Economic Development (SCOPED) provide grant writing and administrative services for community and economic development related projects under a contractual agreement with Schuyler County, and WHEREAS, the Community Development and Natural Resources Committee has agreed that it would be 92 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE beneficial for the County to authorize such a contract. WHEREAS, the County has appointed a loan committee and wishes to keep it in place. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign a contract with SCOPED, Inc. for grant writing and administrative services related to community and economic development projects with the understanding that the County will pay a grant writing fee equal to 12% of the grant received if it is less than $50,000 and 15% if the grant award is $50,000-500,000 with a maximum fee of $40,000. For grants more than $500,000, it is recommended that a separate fee be negotiated depending on the complexity of the grant, and BE IT FURTHER RESOLVED, that the County may engage SCOPED to perform grant writing services for projects not related to community and economic development and will pay a grant writing fee of 3% of the amount of a grant submitted, with a maximum fee of $3,500. If the County decides at a later date to engage SCOPED to administer the project, then the fee would be applied to the administrative fee. The contract term will be one year, July 12, 1999 through July 11, 2000; subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Hastings wanted to address the third AWhereas@ in this resolution. The County has appointed a loan committee which she feels should work with SCOPED. She feels the County might lose touch if they do not keep their own loan committee. She noted that Susan Payne from SCOPED has no objection to this. Chairman Gifford explained that part of the proposal from SCOPED is to take over grant writing and apply for revolving loan funds with REDEC. Legislator Hastings said other counties do this and she would like to see it added to the resolution. Chairman Gifford stepped down from the Chairmanship to speak on the issue. He said to sit on a committee with an applicant coming to you with venture capital, most banks will not touch these loans. It is very risky, and is not part of a normal loan application. It is specialized lending. People who sit on this loan committee are dedicated and try to do their best, but he feels we should not put applicants in a position where they are dealing with people who are not totally versed. The County has three local people on the REDEC loan committee. Legislator Bleiler stated that he serves on the County=s loan committee, he took advice from a lawyer and a banker, his concern was the County, he listened to the professionals. He did not understand everything and did not have the time to. Legislator Gifford said the County is not taking a risk in a revolving loan fund. Legislator Hastings feels the representatives on REDEC are not in any better position than a Legislator. Legislator Gifford said that REDEC has a staff to put together packages and present them to the loan committee. The difference is the staff, they know what is needed, and what is critical. Legislator Hastings said it seems more feasible to have the County have a hand on things. The Treasurer noted that the loan committee was created for the Canal Corridor Initiative loan only. Legislator Marvel feels it is better to have our own committee in house to get the best interest for us. We should try to keep the representation here. Legislator Bleiler said he was often frustrated with the loan process. Legislator Gifford said that REDEC will streamline the initial process. Legislator Young feels that when things are risking taxpayers money, she would like checks and balances in place. Legislator Marvel said that this is a one-year contract and will be reviewed at the end of one year. If the recommendation is to include the loan committee, it is not something that cannot be changed in the future. Legislator Larison Acalled for the question@. VOTE: Passed 8-0. RESOLUTION NO. 230 Motion by Hastings, Second by Karius. RE: AUTHORIZE SCHUYLER COUNTY TO BE THE LEAD AGENT FOR THE WATER/SEWAGE PROJECT FOR WATKINS GLEN INTERNATIONAL WHEREAS, it is proposed that the Schuyler County Legislature assume the role of lead agent to coordinate the process of creating a special use district for the extension of water and sewer from the Village of Watkins Glen to the Town of Dix, and act as agent for the proposed special use district for purposes such as making applications for loans and grants, and coordinating with the various municipalities involved, and WHEREAS, the Community Development and Natural Resources Committee has agreed that it would be beneficial for the County to act as the lead agency until such time the proposed special use district is created. NOW, THEREFORE, BE IT RESOLVED, that the County be the lead agent for the water and sewer extension project and that the Community Development and Natural Resources Committee is assigned the REGULAR MEETING - JULY 12, 1999 93 responsibility for determining the appropriate tasks to be performed and coordinate efforts on behalf of the County. VOTE: Passed 7-1. No: Young. RESOLUTION NO. 231 Motion by Hastings, Second by Karius. RE: DECLARE EQUIPMENT SURPLUS - COUNTY CLERK WHEREAS, the County Clerk has a Canon Copier purchased in 1980, which was replaced when they joined the County=s copier program. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said Canon copier as surplus, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor store said listed Canon copier for sale in the County auction. One (1) Canon NP3825 Copier S/N VEB03630 VOTE: Passed 8-0. RESOLUTION NO. 232 Motion by Little, Second by Marvel. RE: DECLARE EQUIPMENT SURPLUS - PUBLIC HEALTH WHEREAS, the Public Health Department has outdated equipment, which has been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said equipment as surplus, and BE IT FURTHER RESOLVED, that the Buildings Maintenance Supervisor store said listed equipment for sale in the County auction. One (1) Adler TA typewriter S/N 54150588 Two (2) PowerCom UPS-400A One (1) Tripplite BC-400-LAN UPS S/N 4120604 One (1) APC Back-ups 400 UPS S/N 095050224267 One (1) Panasonic KX-P1624 Printer S/N OFMATJF72995 VOTE: Passed 8-0. RESOLUTION NO. 233 Motion by Little, Second by Marvel. RE: DECLARE EQUIPMENT SURPLUS - WEIGHTS AND MEASURES WHEREAS, the Weights & Measures Department has an outdated, usable Smith Corona typewriter, which has been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said typewriter as surplus, and BE IT FURTHER RESOLVED, that the Highway Superintendent store said listed typewriter for sale in the County auction. One (1) Smith Corona Portable Typewriter S/N 662-187-995 VOTE: Passed 8-0. RESOLUTION NO. 234 Motion by Little, Second by Marvel. RE: AUTHORIZE CONTRACT WITH HARTER, SECREST & EMERY ATTORNEYS FOR NEGOTIATION SERVICES WHEREAS, the County is preparing for negotiations with the Administrative and Highway Units of CSEA, and WHEREAS, it is the recommendation of the Management and Finance Committee that the County=s labor counsel be retained to assist with negotiations, and WHEREAS, there are sufficient unexpended funds in Personnel account no. 1430.435-Professional Fees and Services to pay for said contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Harter, Secrest & Emery Attorneys for negotiations services with the Administrative and Highway Units for the upcoming contract at hourly rates ranging between $110 to $220 depending upon the attorney utilized to be paid from account no. 1430.435; contract subject to the approval of the Schuyler County Attorney. 94 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE DISCUSSION: Legislator Larison feels the County should be looking for someone to write things in a clear manner. Legislator Young asked if bids were requested. Attorney Coleman explained that the County does not require bids for professional services per County law. Legislator Bleiler stated that this firm has represented the County in the past and they know our history. He feels we need a law firm to review our contracts and also feels this is a practical recommendation. VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 235 Motion by Little, Second by Marvel. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 2 OF THE YEAR 1999 AMENDING LOCAL LAW NO. 2 OF 1988 TO EXTEND A 2% ROOM TAX TO ALL BED & BREAKFAST OWNERS WHEREAS, a proposed Local Law amending Local Law No. 2 of 1988 to extend a 2% Room Tax to all Bed & Breakfast owners was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held July 12, 1999, and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. 2 of the year 1999, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 2/Local Law No. 2 of the year 1999, together with the required text thereof in the official County newspaper. LOCAL LAW NO. 2 OF THE YEAR 1999 A Local Law to amend Local Law No. 2 of 1988 to Extend a 2% Room Tax to all Bed & Breakfast Owners. Section 1. INTENT The intent of this Local Law is to expand the types of lodging accommodations subject to the 2% room tax imposed under Local Law No. 2 of the year 1988 to include bed and breakfast and tourist accommodations regardless of the number of rooms. Section 2. HISTORY In accordance with the New York State Tax law, Local Law No. 2 of the year 1988 imposed a room tax on lodging facilities, including those facilities commonly known as _bed and breakfast and tourist facilities_, but limited the application of such tax to facilities having six (6) or more rooms. Section 3. TEXT Local Law No. 2 of the year 1988 is hereby amended as follows: The following subsections are changed to read: 1.b. Operator. Any person operating a hotel, motel, bed and breakfast or tourist facility in the County of Schuyler, including but not limited to, the owner or proprietor of such premises, lessee, sub-lessee, mortgagee in possession, licensee or any other person otherwise operating such hotel, motel, bed and breakfast or tourist facility. 1.c. Hotel. A building, or portion of it, having one or more rooms which is regularly used and kept open as such for the lodging of guests. The term _hotel_ or _motel_ includes an apartment hotel, motor court or inn, boarding house or club, or similar hotel or motel type of accommodations by whatever name designated, whether or not meals are served and shall include those facilities commonly known as _bed and breakfast_ and _tourist_ facilities. 2. IMPOSITION OF TAX On and after the first day of September, 1999, there is hereby imposed and shall be paid a tax of 2% upon the rent for every occupancy of a room or rooms in a hotel, motel, bed and breakfast or tourist facility having one or more rooms in this County except that the tax shall not be imposed upon (1) permanent resident, or (2) exempt organizations as hereinafter set forth. 6. REGISTRATION Within ten (10) days after the effective date of this Local Law, or in the case of operators commencing business after such effective date, within three (3) days after such commencement or opening, every operator shall REGULAR MEETING - JULY 12, 1999 95 file with the Treasurer a certificate of registration in a form prescribed by the Treasurer. Section 4. EFFECT ON PRIOR LOCAL LAW All provisions of Local Law No. 2 of the year 1988 not amended hereby shall remain in full force and effect. This Local Law shall take effect upon filing in the office of the Secretary of State as provided by the Municipal Home Rule Law. DISCUSSION: Legislator Bleiler thanked everyone in the public for their input. He supports this resolution because it is not a debate, it is leveling the playing field. Legislator Little said he is also in favor of this resolution. Taxpayers do put into the Tourist Promotion Agency (TPA) and many times they are the majority. Legislator Marvel said he was once a motel owner and was fearful of losing business. Over the years, he grew to appreciate the room tax. He also found that most of his customers were in favor of it. Legislator Young feels there is an inequity in the membership of the Chamber. There was a question raised many times tonight on how the County could do this in another way. She suggests that someone go to New York State and ask for money. VOTE: Passed 8-0. RESOLUTION NO. 236 Motion by Little, Second by Marvel. RE: ACCEPT/REJECT TRUCK BIDS - HIGHWAY DEPARTMENT WHEREAS, the County has advertised for bids for three (3) tandem dump trucks with plows, and WHEREAS, four bids were submitted and reviewed, with recommendation for acceptance and rejection being made by the Highway Superintendent as set forth below. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the following bid: Albee Truck, Inc. - $310,990 754 Baldwin Street, P.O. Box 1238 Elmira, NY 14902, and BE IT FURTHER RESOLVED, that the following bids be rejected: Genesee Truck Sales Beam Mack Regional International 1280 Jefferson Road 3050 Lake Road 1007 Lehigh Station Road P.O. Box 23320 P.O. Box 221 Henrietta, NY 14467 Rochester, NY 14692 Elmira, NY 14902 VOTE: Passed 8-0. RESOLUTION NO. 237 Motion by Little, Second by Marvel. RE: RESOLUTION TO AUTHORIZE TRANSFER OF FUNDS - REAL PROPERTY TAX SERVICE WHEREAS, funds are needed to replace an uninterrupted power supply for computer equipment and there are funds available in the contractual portion of the budget that can be used for this purpose. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $280.00 from Real Property Tax Agency account no. 1355.0428-Microfilming, and $220.00 from account no.1355.0430- Mileage, to account no. 1355.0207- Computer for the aforementioned purchase. VOTE: Passed 8-0. RESOLUTION NO. 238 Motion by Larison, Second by Little. RE: AMEND RESOLUTION NO. 181-99 - MAINTENANCE AGREEMENT FOR (UPS) UNINTERRUPTED POWER SUPPLY - EMERGENCY MANAGEMENT WHEREAS, Resolution No. 181-99 authorized an agreement with Bouille Electric for maintenance and service of the Uninterrupted Power Supply for the Communications Center, and WHEREAS, the term of the agreement in the resolution has changed. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 181-99 be amended to have the term of the agreement run from July 1, 1999 to June 30, 2000. VOTE: Passed 8-0. RESOLUTION NO. 239 Motion by Larison, Second by Little. RE: AUTHORIZE CREATION OF TWO CASEWORKER POSITIONS IN THE CHILDREN=S SERVICES 96 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE UNIT - SOCIAL SERVICES WHEREAS, the Department of Social Services is required by state law to provide protection and rehabilitative services for a child or children and parents involved when there is a need, and WHEREAS, there is a need for two (2) additional Caseworker positions in the Children=s Services Unit in order to meet the need of the community and fulfill the statutory requirements, and WHEREAS, two positions were eliminated from the Children=s Services Unit in 1995, and WHEREAS, in 1996 Eliza=s Law was implemented which resulted in the increase in the amount of work for an unfounded case as with an indicated case, and WHEREAS, in 1997 the Adoption and Safe Families Act came into place which set forth a detailed, lengthy process for all categories of foster children in regards to their placement, and WHEREAS, in 1999 the Marisol Case resulted in hotline calls whenever there is a domestic violence , whether the parent=s children are present or not, and WHEREAS, Hot-Line calls have increased 60% since 1995, Indicated Cases have increased 117%, and Cases to Court have increased 200%, and WHEREAS, as a result of the above, the only preventive work being done is what is mandatory, and children and parents in need of help are being turned away, and WHEREAS, the Supervising Caseworker and Deputy Commissioner of Social Services are carrying caseloads and should not, which may require corrective action as a result of the state audit, and WHEREAS, new Caseworkers are going to be required to attend 4-6 months of training prior to carrying a caseload which will be yet another burden upon the Unit, and WHEREAS, it is the recommendation of the Commissioner of Social Services that two (2) additional Caseworker positions be created in the Children=s Services Unit to insure the Department has the necessary resources to meet its statutory obligations, as well as providing protection for the children in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorize the creation of two (2) additional Caseworker positions in the Children=s Services Unit of the Department of Social Services, effective immediately, at an hourly rate of $12.71, there being funds available in the current 1999 Social Services budget. VOTE: Passed 8-0. RESOLUTION NO. 240 Motion by Larison, Second by Little. RE: RESOLUTION IN SUPPORT OF RETURNING THE RENEWAL OF MOTOR VEHICLE REGISTRATIONS AND DRIVERS LICENSES TO THE LOCAL COUNTY OFFICES WHEREAS, the State Department of Motor Vehicles has centralized the renewal of motor vehicle registrations and drivers licenses, thereby depriving the counties of the fees they previously received on such renewals, and WHEREAS, the Schuyler County Legislature believes this change will result in an inconvenience to the public and slower service as well as deprive the counties of funds they include in their budget and need to maintain the local Motor Vehicle Offices, and WHEREAS, Schuyler County has a small budget and tax base and is hampered severely by the removal of this revenue from the County budget, and WHEREAS, this creates duplication of duties in Albany and in County Motor Vehicle Offices, thereby reducing efficiency. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the renewal of motor vehicle registrations and drivers licenses be returned and continue to be handled by the local County offices, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature is directed to send certified copies of this resolution to Governor George E. Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, and to the Majority and Minority Leaders of the New York State Senate and Assembly. DISCUSSION: Legislator Hastings said the State is trying to work hard to save dollars. If the State says there will be a three million dollar savings, the County should not lose business. She can not support this resolution. REGULAR MEETING - JULY 12, 1999 97 Legislator Young feels centralization is not more efficient if Albany has to hire more employees to take on this work. She encouraged a yes vote on this resolution. Legislator Marvel said if you take revenue away and just leave the trouble cases, then you are biting the hand that helped you. He is not in favor of Albany getting this work. He feels it is not good logic to not support this. Legislator Hastings said that the County will not lose its Department of Motor Vehicles. Assemblyman Bacalles says the State intends to give local offices more fees to cover the loss in revenue, plus the County Clerk=s department has talked seriously about needing another person in that department. Linda Compton, County Clerk, said that she has heard that during the first month of this change, hundreds of thousands of registrations were sent to Albany and they were clouded and could not read them. Her office had to issue a lot of no fee duplicates because of it. If the State increases our work, we are still losing sixty-four cents per Schuyler County resident to save eleven cents. VOTE: Passed 6-2. Noes: Hastings, Little. RESOLUTION NO. 241 Motion by Larison, Second by Little. RE: AUTHORIZE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE TO SIGN RECORDS MANAGEMENT GRANT ACCEPTANCE AND ALL RELATED REPORTS 1999-2000 BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the 1999-2000 Local Government Records Management Improvement Fund grant acceptance form relative to the records creation and system design in the Personnel Office, in the amount of $20,298, and all reports; subject, as required, to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 242 Motion by Young, Second by Larison. RE: AUTHORIZE THREE (3) EMERGENCY RESOLUTIONS BE BROUGHT TO THE FLOOR BE IT RESOLVED, that three (3) emergency resolutions be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 243 Motion by Little, Second by Larison. RE: ESTABLISH BUDGET FOR LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT AND AUTHORIZE THE CREATION AND FILLING OF KEYBOARD SPECIALIST POSITION - CIVIL SERVICE/PERSONNEL DEPARTMENT WHEREAS, notice has been received from the State Education Department, State Archives and Records Administration that Schuyler County has been given $20,298 from Local Government Records Management Improvement Fund (LGRMIF) grant funds for salary and benefits to employ a Keyboard Specialist in the Civil Service/Personnel Office through June 30, 2000. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer establish the above grant budget for the Civil Service/Personnel Office as follows: + $18,600 1430.100-1431 Salary + $ 1,698 1430.489-1431 Fringe Benefits + $20,298 1430-3060-1431 Revenue, and BE IT FURTHER RESOLVED, that this Legislature hereby create the position of Keyboard Specialist in the Civil Service/Personnel Office and authorization is given to fill the position immediately at $10.22 per hour, in grade XII, and BE IT FURTHER RESOLVED, that this position will be abolished when grant funding ends unless specific action of the Legislature is passed to make other arrangements. VOTE: Passed 8-0. RESOLUTION NO. 244 Motion by Little, Second by Larison. RE: AUTHORIZE REPRESENTATION - VALENT -vs- COUNTY, ET AL. FEDERAL DISTRICT COURT SUIT WHEREAS, the County of Schuyler and Town of Dix are involved in a lawsuit against Mr. and Mrs. Albert Valent, which lawsuit is being jointly pursued by the County Attorney_s Office and Town of Dix Attorney, and WHEREAS, the Valents have another lawsuit pending against the County, the Town and numerous other 98 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Defendants in New York State Supreme Court, which suit is being defended by the O_Mara Firm in accordance with the requirements of Schuyler County_s insurance policies, and WHEREAS, the Valents have filed another lawsuit against the County and the Town in the United States Federal District Court for the Western District of New York in Rochester, and WHEREAS, neither the County Attorney, the Assistant County Attorney nor the Town Attorney are admitted to practice in said District Court, and WHEREAS, the response time to the Valent time in said Court expires on the 28th of July, 1999, and WHEREAS, the O_Mara Firm can easily achieve the dismissal of said suit in conjunction with its defense of the State action, and WHEREAS, such additional defense costs will be covered within our deductible. NOW, THEREFORE, BE IT RESOLVED that the County of Schuyler retain the O_Mara Law Firm for the defense and/or dismissal of the above referenced action in the Federal District Court for the Western District of New York. VOTE: Passed 8-0. RESOLUTION NO. 245 Motion by Little, Second by Larison. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY OF ASSISTANT COORDINATOR OF COMPUTER SERVICES WHEREAS, Resolution No. 130-99 authorized the creation and filling of the position of Assistant Coordinator of Computer Services, and WHEREAS, the Chairman of the Computer Coordination Committee and the Personnel Officer have conducted interviews with the assistance of the Southern Tier Central Regional Planning and Development Board, and the Chairman has chosen to appoint Gerald Chafee as the Assistant Coordinator of Computer Services. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby acknowledge the appointment by Thomas Bloodgood, Computer Coordination Committee Chairman, of Gerald Chafee as Assistant Coordinator of Computer Services at an annual salary of $32,000 in Grade Level E of the Management/Confidential Salary Plan, and BE IT FURTHER RESOLVED, that this appointment take effect August 16, 1999. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Hastings reported on the Catharine Hiking and Biking Trail. There will be a public meeting on July 22, 1999 at 7pm at the Watkins Glen High School. She also informed the public that the Humane Society is having a fund raiser and is selling t-shirts and cups. They are also having a dinner at the Moose Club to raise funds. Legislator Little reported that the Legislature is in the middle of discussions with the New York State Department of Transportation in regards to State Route 414 and 224. Legislator Young indicated that she took a week and went to a conference in Vermont regarding energy and she handed out a information sheet on the same. Legislator Karius reported on the results of the Agricultural and Farmland Protection Board survey and the importance of preservation of farmland. Legislator Hastings asked Chairman Gifford to call Albany and look into the drought concerns of farmers. Legislator Bleiler reported on the Management and Finance Committee. All of the department heads and committee chairmen have completed the mid-year review for performance appraisals. The Personnel Department received a records management grant for staff to input data into a new software program for the department. He announced, with regret, Penny Albert=s husband died yesterday. He also reported that the Management/Confidential Salary Plan Sub-Committee is still working hard and contract negotiations preparations are underway. Legislator Marvel reported on the Community Development and Natural Resources Committee. In regards to the National Healthcare Corporation, they are coming down to the final stage of approving a loan/bond note which will be acted on this week by the Schuyler County Industrial Development Agency. After this is REGULAR MEETING - FEBRUARY 8, 1999 99 accomplished, there will be much more rapid movement. UNFINISHED BUSINESS: Legislator Hastings stated that after last week=s Legislative Resolution Review Committee meeting, she would like to bring up the fact that there needs to be some kind of resolution written in regard to that committee. There needs to be clarification. The original concept was to form a group to review resolutions only. It became a forum for a situation that was very frustrating to her, to be handed a document signed by department heads and other employees before the meeting. This is supposed to be a resolution review committee. She would like to see a resolution explaining the committee=s responsibilities. She will not come to another meeting and go through that again. MOTION by Legislator Hastings to have the Chairman write a resolution defining the Legislative Resolution Review Committee, SECOND by Legislator Little. Legislator Bleiler said he thought the meeting could have gone a little smoother, but he did not see anything wrong. He thought that Finance Committee would be just that, finance, and then have another meeting to go over the resolutions and not do any finance. Finance now works on budgetary concerns only. The Finance Committee used to hear emergency resolutions that did not go through committee. Now they take it to the Legislative Resolution Review Committee. This gives all eight of us a chance to look at resolutions. We did not want to have a lot of emergency resolutions, but a chance to review them before Monday night. He is satisfied with things and feels they are going in the right direction. Legislator Little said he is against taking votes during that meeting. Legislator Hastings said it is more important that resolutions go through committee, other resolutions can be brought there for discussion, but do not need to be voted upon. Legislator Young feels the process as intended is okay the way it is. Legislator Marvel said he supports the concept of the Legislative Resolution Review Committee, but agrees that we need to iron out some wrinkles. Motion failed three ayes to five noes. Noes: Marvel, Young, Bleiler, Larison, Gifford. NEW BUSINESS: None. PUBLIC PARTICIPATION: Lory Peck commented on Resolution No. 229. He feels that an amendment should have been done in committee, not at the night of the Regular Meeting of the Legislature. Regarding the labor counsel for negotiating, his experience when he participated in negotiations was that lawyers were more open and negotiations flowed better. As far as clarification of language, they work for you, they write it until they get it right. Casey Creamer felt Legislator Young should be commended for her suggestion of restaurants needing to post signs, he thinks that is a great idea. He feels the concern about employees= being exposed to health hazards is not the County=s responsibility. Bob Burnside asked if someone would describe the purpose of the Legislative Resolution Review Committee to him. Chairman Gifford stated that it is a committee of the whole to review all of the resolutions, not pass or fail, just review them. What happened last week was that some emergency resolutions came up and were added by vote which caused a problem. Mr. Burnside also asked about the payment to SCOPED for grant writing services. Legislator Marvel explained that there are two parts. One is that SCOPED will receive the administrative portion of any grants relative to economic and community development. The second part is that any other types of grants that SCOPED needs to write on behalf of the County, they will charge a fee. The meeting adjourned at 10:05 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING AUGUST 9, 1999 The 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 Hastings and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. 100 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE PUBLIC PARTICIPATION: Tom Ryan asked if the Legislature had anyone in mind for Resolution No. 270. He asked if they had received any applications. He also asked if there would be any layoffs or elimination of departments heads and what the salary would be. The Clerk of the Legislature said the range is somewhere from $54,800 up to $68,000. Sue Brill asked if the salary for the County Administrator position would be reimbursed at all or will it be 100% local cost. The Chairman said he was not sure at this point. Angie Franzese asked that the two Legislators in her district not support Resolution No. 270 and to make an amendment to offer a public referendum, the people have asked for it. There is plenty of time before the November 2, 1999 election. She asked that they give enough time for the facts, the people deserve a chance to know the total cost of the position and ask questions. She suggested that the Legislature slow down. In November of 1998 Legislator Little wanted to allow the public time to become more educated. That has not been done. At that same public hearing the County Attorney recommended a public referendum, which he said was his best legal advice and would stand the least chance of litigation. Also at a meeting held on April 13, 1998 there was discussion about County Administrators from the Steuben County Chairman Stoner Horey. When Chairman Horey was asked who made the decisions, it was known that the Legislators must be prepared to step back and that legislative micromanagement can smother an administrator. Steuben County also has a larger budget. Casey Creamer said he commends the Legislature on having the fortitude to have a public hearing on the County Administrator and hear the public on this issue. He hopes they listen to the issues at hand. Tom Ryan asked about the term of office for the County Administrator. It states that the local law reads that the term will expire December 31st of the following year and will then be for four years. It also says the position will serve at the pleasure of the Legislature. County Attorney Coleman explained that County Law provides that this person be a public officer, subject to be removed for cause. The person could be removed mid-term and the County would not be liable for the remainder of the term. Angie Franzese asked if all of the Legislators have studied the County Administrator issue. She asked them if they are sure they are aware of all the facts. Sharon Bingell feels the County should spend money on economic development. If the Legislature can not afford to give raises, then they should not be able to afford a County Administrator. PRESENTATION BY TANIA HOLOVACH, ENVIRONMENTAL MANAGEMENT COUNCIL STUDENT REPRESENTATIVE 7:00 P.M.: Michelle Benjamin explained that Tania is an Environmental Management Council (EMC) student. There is a student from each school district on the council. She then handed the introduction over to Jim Murphy to present the award. Jim introduced himself as the Vice Chair of EMC. He then introduced Tania Holovack and acknowledged the past and present Legislators for supporting the environment and acknowledging EMC and a younger generation. Invitations were sent out to school districts asking for interested students and Tania responded. She had the courage to meet with a lot of old folks and she observed a lot and spoke up on issues she believed in. He then read from the award. Tania said it was a great opportunity and feels it is a great offer to the students because they learn so much. She thanked the County for the opportunity. RESOLUTION NO. 246 Motion by Larison, Second by Little. RE: APPROVE MINUTES OF THE JULY 12, 1999 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the July 12, 1999 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 247 Motion by Karius, Second by Little. RE: RESOLUTION AUTHORIZING A CONTRACT WITH JODI BELLINGER FOR EARLY INTERVENTION AND PRESCHOOL SPECIAL EDUCATION OCCUPATIONAL THERAPY WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide early intervention services to eligible children from birth through age two as required by the New York State Department of Health, and REGULAR MEETING - AUGUST 9, 1999 101 WHEREAS, Schuyler County must provide occupational therapy to eligible preschool children according to Section 4410 of the Education Law, and WHEREAS, Jodi Lynn Bellinger is a licensed occupational therapist and will provide these services to eligible preschool children. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is, authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Jodi Lynn Bellinger, to provide early intervention services, effective September 1, 1999, at rates set by the New York State Department of Health, and BE IT FURTHER RESOLVED, that the Director of Public Health/Home Health be, and hereby is, authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Jodi Lynn Bellinger to provide preschool occupational therapy services from September 1, 1999 through June 30, 2000, at the rate of $40.00 per half hour; both contracts subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 248 Motion by Karius, Second by Little. RE: RESOLUTION AUTHORIZING A CONTRACT RENEWAL WITH UCP OF CHEMUNG COUNTY TO PROVIDE SPECIAL EDUCATION FOR THE PRESCHOOL SPECIAL EDUCATION PROGRAM WHEREAS, the Schuyler County Public Health Agency contracts with UCP of Chemung County to provide Special Education for the Preschool Special Education program and the term of this contract has changed. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with UCP of Chemung County to provide services from 7/1/99 - 6/30/2000 with no change in rate; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 249 Motion by Karius, Second by Little. RE: RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH KIT FRANK TO PROVIDE OCCUPATIONAL THERAPY FOR THE PRESCHOOL SPECIAL EDUCATION PROGRAM WHEREAS, the Schuyler County Public Health Agency contracts with Kit Frank to provide occupational therapy for the Preschool Special Education program and the term of this contract has changed. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Kit Frank to provide services from 7/1/99 - 6/30/2000 with no change in rate; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 250 Motion by Little, Second by Marvel. RE: RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH KELLY O=GARA SINN TO PROVIDE SPEECH THERAPY FOR THE PRESCHOOL SPECIAL EDUCATION PROGRAM WHEREAS, the Schuyler County Public Health Agency contracts with Kelly O=Gara Sinn to provide speech therapy for the Preschool Special Education program and the term of this contract has changed. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Kelly O=Gara Sinn to provide services from 7/1/99 - 6/30/2000 with no change in rate; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 251 Motion by Little, Second by Marvel. RE: RESOLUTION AUTHORIZING CONTRACT RENEWAL WITH ODESSA-MONTOUR CENTRAL SCHOOL DISTRICT FOR TRANSPORTATION OF PRESCHOOL SPECIAL EDUCATION CHILDREN PROGRAM 102 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, the Schuyler County Public Health Agency contracts with the Odessa-Montour Central School District for transportation of the Preschool Special Education children program and the term of this contract has changed. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Odessa Montour Central School District to provide services from 7/1/99 - 6/30/2000 with no change in rate; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 252 Motion by Little, Second by Marvel. RE: RESOLUTION TO AUTHORIZE CONTINUATION OF NEGOTIATIONS FOR ADDITION TO MILL CREEK CENTER WHEREAS, the Schuyler County Legislature has determined the need for additional space for various County offices, and WHEREAS, the Legislature has directed the Director of Public Health to explore the possibility of constructing additional space at the Mill Creek Center, and WHEREAS, the Building Committee has been formed, and preliminary design discussions have been held with an architect, and WHEREAS, a preliminary financial analysis suggests that an addition could be constructed to the Mill Creek Center and paid for out of departmental grants, state aid, and revenues with little or no resulting increase in cost to the County, and WHEREAS, discussions with the respective state agencies, the Office of Mental Health and the Department of Health, have revealed no substantial obstacles, and WHEREAS, similar discussions with the Local Government Services Corporation, the owner of record of the Mill Creek Center, have indicated support for this project. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby indicates its commitment to proceed with negotiations and further investigations related to proposed construction, and BE IT FURTHER RESOLVED, that this Legislature authorizes and directs the Director of Public Health/Director of Community Services and the Community Services Board to continue its negotiations for the eventual planning and completion of an addition to the Mill Creek Center for purposes of housing the Schuyler County Public Health/Home Health Agencies. DISCUSSION: Legislator Hastings said she will vote yes on this resolution, but feels the Legislature should meet to discuss the financing a little more. Legislator Marvel concurred. He feels there should be little or no increase in spending. He will vote yes tonight, but will hold his vote on the final project. VOTE: Passed 8-0. RESOLUTION NO. 253 Motion by Hastings, Second by Little. RE: AUTHORIZE 2000 DWI PLAN - SHERIFF'S DEPARTMENT WHEREAS, the County of Schuyler is participating in the New York State STOP-D.W.I. Program, and WHEREAS, Michael W. Wood has been appointed as the STOP-D.W.I. Coordinator, and WHEREAS, participation in said program is totally reimbursed by the State of New York. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby adopts and approves the 2000 STOPD.W.I. Program; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 254 Motion by Hastings, Second by Little. RE: AUTHORIZE CONTRACT WITH PATRICIA RONSVALLE FOR YES (YOUTH EMPOWERMENT SESSIONS) PROGRAM - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department and Patricia Ronsvalle wish to enter into an agreement for Ms. Ronsvalle, a Clinical Social Worker/Family Therapist, to provide the above program for 13-15 year old adolescents, and REGULAR MEETING - AUGUST 9, 1999 103 WHEREAS, the program appears to be very appropriate in teaching the youth concepts of responsibility and respect for self and others, behavior modification, anger management and relaxation techniques, family issues, attitudes, and the power of positive thinking, and WHEREAS, this matter has been approved by the Public Safety/Criminal Justice Committee, and WHEREAS, said program costs $750 and will be paid for completely out of New York State Office of Children and Family Services funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Patricia Ronsvalle for the YES Program for six weeks at a cost of $750; subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Young hopes the County can add to this program and make it more meaningful. VOTE: Passed 8-0. RESOLUTION NO. 255 Motion by Hastings, Second by Little. RE: AUTHORIZE APPLICATION FOR WEATHERIZATION REFERRAL AND PACKAGING PROGRAM (WRAP) - OFFICE FOR THE AGING WHEREAS, the Weatherization Referral and Packaging Program (WRAP) is offered each year to local Area Agencies on Aging, and WHEREAS, the funding is currently crucial to Schuyler County=s Office for the Aging=s continued operation of this service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign in approval the application for WRAP funding for the Office for the Aging, which is $11,062 for the program year running from August 1, 1999 through July 31, 2000. It is understood that no County matching funds are required. VOTE: Passed 8-0. RESOLUTION NO. 256 Motion by Larison, Second by Marvel. RE: AUTHORIZE H.E.L.P PROGRAM - YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau is desirous of integrating a program for youth at risk of permanent school termination, and WHEREAS, the Youth Services Planner will do an amendment to the Intervisions Program to include the H.E.L.P. Program, and WHEREAS, this home-based, employment, leadership program will employ 2-3 youth at risk of permanent school termination, and WHEREAS, $1,500.00 of existing SDPP money will be allocated for this program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to institute the above mentioned amendment, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to transfer $1,500.00 from account 7310.0495 (Youth Programs) to account 7310.0100 (Personnel Services Regular) upon approval of above amendment. VOTE: Passed 8-0. RESOLUTION NO. 257 Motion by Larison, Second by Marvel. RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Summer Youth Employment and Training 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 Youth Services Planner will do an amendment for this program, and WHEREAS, $2,500.00 of existing YDDP money will be allocated for supervision and transportation costs, and WHEREAS, the program will employ the following number of youth per week with the wages to be 104 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE reimbursed by the Watkins Glen International Raceway: week 1 = 20, week 2 = 10, week 3 = 40, and week 4 = 40. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to institute the above mentioned amendment, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to transfer $2,500.00 from account 7310.0495 (Youth Programs) to account 7310.0187 (Summer Youth Employment and Training Program Personnel Services). VOTE: Passed 8-0. RESOLUTION NO. 258 Motion by Larison, Second by Marvel. RE: AUTHORIZE TRANSFER FUNDS FOR AID TO CHILD CARE - SOCIAL SERVICES WHEREAS, the Department of Social Services has adjusted its coding and claims for foster care expenses so that expenses are being charged to account no. 6119.4, Aid to Child Care, rather than account no. 6109.4, Family Assistance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer funds as follows: - $100,000 6109.4 Family Assistance + $100,000 6119.4 Aid to Child Care VOTE: Passe 8-0. RESOLUTION NO. 259 Motion by Little, Second by Larison. RE: AUTHORIZE HIRING OF A CONSULTANT FOR THE MEDICAID MANAGED CARE STUDY WHEREAS, the Human Services Committee of the County Legislature directed that a study of the MEDICAID system be conducted in order to determine whether a managed care plan may be of benefit to the County, and WHEREAS, the Director of Mental Health/Public Health, Commissioner of Social Services, Chief Executive of Schuyler Hospital, Executive Director of the ARC and Director of the Falls Home have been meeting monthly to explore the best way to provide services to the County_s MEDICAID population, and WHEREAS, the study has reached the point where professional expertise is now needed in order to ensure the study encompasses the entire spectrum of medical care, and WHEREAS, Maryann Bryant, who assisted both Chemung and Steuben counties in establishing their MEDICAID managed care plans, is available at a rate of $35.00 per hour to guide Schuyler County_s study, and WHEREAS, it is estimated that she will require 20 hours per month, more or less, to assist the County with the study, and WHEREAS, funding is available from New York State to cover the cost of the contract. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to develop a contract with Maryann Bryant for consultant work as it pertains to studying the feasibility of implementing a managed care plan for MEDICAID recipients in Schuyler County for the period August 1, 1999 through July 31, 2000 at a cost not to exceed $8,400.00, subject to the availability of New York State funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign such contract, subject to approval of the County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 260 Motion by Little, Second by Larison. RE: EXTENSION OF CONTRACT WITH THE FINGER LAKES ADDICTION COUNSELING AND REFERRAL AGENCY (FLACRA) FOR THE ENHANCED DRUG/ALCOHOL SERVICES PROGRAM FOR FAMILY ASSISTANCE RECIPIENTS WHEREAS, Resolution Number 196 of the County Legislature_s 1998 term authorized the Schuyler County Department of Social Services to apply for $12,000 in Temporary Assistance to Needy Families (TANF) block grants for a one year period commencing on or about May 1, 1998, and WHEREAS, subject contract was for the period July 1, 1998 through June 30, 1999, and WHEREAS, only a small portion of the $12,000 TANF block grant was actually expended, and REGULAR MEETING - AUGUST 9, 1999 105 WHEREAS, the NYS Office of Temporary and Disability Assistance (OTDA) has extended the period as to when the funds can be expended until September 15, 1999. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services is authorized to extend the contract with FLACRA for the provision of drug and alcohol rehabilitation services for families in receipt of Family Assistance in Schuyler County. VOTE: Passed 8-0. RESOLUTION NO. 261 Motion by Little, Second by Larison. RE: DECLARE EQUIPMENT JUNK - TREASURER WHEREAS, the Treasurer=s Department has an outdated, non-repairable Adler typewriter and, WHEREAS, said typewriter has been replaced by a similar model from County surplus. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said typewriter as junk, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said typewriter and dispose in the proper manner. One (1) TA Adler typewriter S/N 54146864 VOTE: Passed 8-0. RESOLUTION NO. 262 Motion by Little, Second by Larison. RE: DECLARE EQUIPMENT JUNK B LEGISLATIVE OFFICE WHEREAS, the Legislative Office has an outdated, unusable 1992 Panasonic laser printer and, WHEREAS, repair costs to said printer are unjustified . NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare said printer as junk, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said printer and dispose in the proper manner. One (1) Panasonic KX-P4410 Laser Printer S/N 2GMBRF99034 VOTE: Passed 8-0. RESOLUTION NO. 263 Motion by Little, Second by Larison. RE: DECLARE EQUIPMENT JUNK B REAL PROPERTY TAX DEPARTMENT WHEREAS, the Real Property Tax Department has an unusable battery backup and a surplus battery backup which have been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare one (1) battery backup as junk and one (1) battery backup as surplus, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor remove said backups and dispose in the proper manner. One (1) APC Battery Backup S/N W910109521 Surplus One (1) APC Battery Backup S/N P910109480 Junk VOTE: Passed 8-0. RESOLUTION NO. 264 Motion by Larison, Second by Marvel. RE: APPROVE CONTRACT WITH AR@ HOUSE AUCTIONS & SALES FOR COUNTY=S 1999 SURPLUS EQUIPMENT PUBLIC AUCTION WHEREAS, Schuyler County will hold it=s second annual public auction for its surplus equipment, and WHEREAS, AR@ House Auctions & Sales has been selected to conduct said auction. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute a contract with AR@ House Auctions and Sales for the County=s 1999 Surplus Equipment Public Auction at a commission rate of 10%; subject to the approval of the Schuyler County Attorney. VOTE: 8-0. RESOLUTION NO. 265 Motion by Larison, Second by Marvel. RE: REVIEW RECLASSIFICATION OF TITLES COVERED BY THE CSEA ADMINISTRATIVE 106 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE CONTRACT WHEREAS, it has been for three or four years an objective of the Schuyler County Legislators, department heads, and officers and employees of the CSEA Administrative Unit to find a cost effective solution to the need for a review of the classification of the titles covered by the Administrative Contract, and WHEREAS, the Municipal Services Division of the New York State Department of Civil Service is considering providing a classification survey of those positions for the County at no cost, and WHEREAS, in order to commit the hours and funds necessary to accomplish this project the NYS Civil Service Division needs to be assured that this endeavor has the support of the Legislature and that the Legislature is making a commitment to utilize and implement the classification survey upon its completion, and WHEREAS, it is understood by all parties that the recommendation resulting from the classification study may be amended if appropriate to accomplish a fair and equitable classification system for employees, and WHEREAS, it has been clearly explained to all parties that reclassification of some titles may result in some employees being required to qualify for the new grade classification by Civil Service examination, and WHEREAS, it is not the intent of anyone or the purpose of this plan to eliminate anyone from employment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does commit their support and cooperation to a classification survey of positions covered by the CSEA Administrative Contract to be conducted by the Municipal Services Division and to implement a more equitable classification plan based on the recommendations to be made upon completion of the survey, and BE IT FURTHER RESOLVED, that after the classification survey is completed an internal and external salary equitable study will be conducted by Municipal Services Division and the Legislature will give serious consideration to the salary information provided, and BE IT FURTHER RESOLVED, that copies of this resolution shall be provided to James Gerrity of New York State Civil Service - Municipal Services Division, Tammy Brown, President CSEA Administrative Unit and all Department Heads. VOTE: Passed 8-0. RESOLUTION NO. 266 Motion by Larison, Second by Marvel. RE: DECLARE EQUIPMENT JUNK - CIVIL SERVICE/PERSONNEL WHEREAS, the Civil Service/Personnel Department has two (2) inoperable Tripplite Battery Back-Ups which have been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the following equipment in the Civil Service/Personnel Office as junk to be disposed of by Buildings and Grounds Department: One (1) Tripplite Battery Backup.....Model BC 500 - Lank 152 One (1) Tripplite Battery Backup.....Model BC500 - LK152 VOTE: Passed 8-0. RESOLUTION NO. 267 Motion by Little, Second by Young. RE: AUTHORIZE CONTRACT WITH PERRY & CARROLL, INC. FOR PROPERTY/CASUALTY INSURANCE CONSULTANT SERVICES WHEREAS, the County is required to seek Requests for Proposals (RFPs) on their property/casualty insurances every three years, and WHEREAS, the services of a consultant are needed for this process, and WHEREAS, the Clerk of the Legislature has solicited quotes for these services, and WHEREAS, the Management and Finance Committee has reviewed said quotes and recommends accepting the lowest quote from Perry & Carroll, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Perry & Carroll, Inc. for property/casualty insurance consultant services for the year 1999 at a cost of $3,500; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. REGULAR MEETING - AUGUST 9, 1999 107 RESOLUTION NO. 268A Motion by Bleiler, Second by Marvel. RE: MOTION TO AMEND RESOLUTION NO. 268 TO ACCEPT RECOMMENDATION ON WORDING CHANGES FROM THE COUNTY ATTORNEY AND THE CLERK OF THE LEGISLATURE BE IT RESOLVED, that Resolution No. 268 be amended to accept recommendation on wording changes from the County Attorney and the Clerk of the Legislature. VOTE: Passed 7-1. No: Hastings. RESOLUTION NO. 268 Motion by Little, Second by Young. RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH=S NOTICE - AS AMENDED WHEREAS, it is recommended to amend the Rules of Procedure of the Schuyler County Legislature to include defining the general function of committees, provide specific definitions of the standing committees of the Legislature as well as some other minor changes to the Rules. NOW, THEREFORE, BE IT RESOLVED, that notice of the following amendments to the County Legislature=s Rules of Procedure be hereby given pursuant to Rule 29 of said Rules of Procedure: NEW RULE 22 - AGENERAL FUNCTION OF COMMITTEES@ All committees shall aid in the performance of the powers and duties of the Legislature. GENERAL EXERCISE OF JURISDICTION. Committees shall familiarize themselves with the subject matter over which jurisdiction has been conferred by the Rules of Procedure. Committees having an office or function overseen by them shall report any neglect of duty or failure to comply with rules and directions of the Legislature, to the full Legislature. They shall render advice and counsel on matters deemed helpful in the performance of the duties of the office or function. Although the Legislature shall always be open for County officers and employees upon any matter involving the office or function, the committee shall represent them before the Legislature and so far as practical, every County officer and employee shall look to the committee for that representation. Criticism and recommendations of State departments or other official bodies shall be considered with the department head or officer. Matters referred to a special committee shall be promptly considered and a report made thereon as soon as practical. Committees shall have general charge of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as special duties therefor. Each Committee shall supervise and have charge of appropriated expenditures. Any necessary transfer of funds within the same group of accounts (i.e. personal or equipment or contractual) shall be handled through a written memorandum from the Department Head to the County Treasurer with a copy to the respective Committee Chairperson. The Department Head shall be responsible for notification of transfers prior to voucher submittal. Any other unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the Management and Finance Committee. The Management and Finance Committee shall, following financial review with the Treasurer's Office, make a final recommendation to the Legislature on such unappropriated expenditure. A department's request for unappropriated funds shall contain a reasonable estimate in writing for such expenditure. Any resolution approving an unappropriated expenditure shall contain the funding source (Res. No. 97-1983). The Chairperson of each committee shall have the responsibility: $ to delegate particular matters of committee interest to the members of his/her committee, when deemed necessary for the better performance of duties; $ to designate one or more members to attend meetings with other committees, boards, or other groups, whenever the matter being considered comes within the jurisdiction of his/her committee; $ subject to the approval of the Chairperson of the Legislature, to authorize all or any part of his/her committee to attend a conference or school conducted for the betterment of County government, and $ to require such reports and information from the members of his/her committee as he deems necessary. MEETINGS OF COMMITTEES GENERALLY. The Chairperson of the committee may call meetings of the committee at such times and places as deemed convenient. Committee meetings may also be called by either the Chairman of the County Legislature or by the filing of a petition by a majority of the members of the Committee with the Clerk of the Legislature. Notice for regularly called meetings (i.e. those scheduled at lease one week prior 108 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE thereto) require the usual 72 hour posting; urgent or emergency meetings may have lesser notice in accordance with Public Officers Law Section 104, Subd. 2). Upon request of any member of the committee, any County officer or employee shall attend and furnish any information pertinent to his/her office or employment unless the absence is excusable. No advance notice need be required when a Committee meeting is held during or immediately following the time the Legislature is in session. The first member designated on each Committee shall be the Chairman thereof. In the absence of the Chairman of the Committee, members of the Committee shall succeed to the temporary Chairmanship in the order in which their names are printed upon their appointment to such Committee. A majority must be present to act. Meetings are open to the public or to County officers and employees. The Chairperson shall determine the order of business, and, taking into consideration the number of persons desiring to speak and the importance of the subject matter, time may be allotted commensurate with the invitation to appear and be heard. Minutes shall be taken at all committee meetings and shall consist of a list of all those attending and a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. The minutes shall be filed in the office of the Clerk of the Legislature, and shall be available to the public under the provisions of the Public Officers Law of the State of New York. ADVICE AND COUNSEL OF CITIZENS AND ORGANIZATIONS. Each committee is empowered to seek the advice and counsel of citizens and organizations in making a study of any subject matter. Such persons or representatives of organizations shall not be members of the committee nor have any voting power. Authority to pay any such person or organization for services must be granted by resolution of the Legislature. Committee Chairmen may create sub-committees as set forth in Rule 24 of these Rules. No Committee meeting shall be adjourned until announced by the Chairman of the Committee or upon a vote of the majority of the members present. Action on any matter lawfully before any Committee shall be taken only while a quorum of said Committee is present and in session. A Committee quorum shall be defined as a majority of the total committee membership. Passage of any resolution or other action by a committee shall require a committee quorum vote in agreement. Any vacancy on a Standing or Special Committee of the Legislature shall be filled by the Chairman of the Legislature without delay. In case of temporary vacancies due to medical reasons, etc. where a Legislator is unable to participate in Committee meetings for a period of two months or more, the Chairman of the Legislature may appoint a substitute member to sit on said Committee with full voting powers. The Committee Chairman must report to the Chairman of the County Legislature all situations where a Legislator's attendance falls below 50%. Committee absences shall be noted in minutes as excused or unexcused. Excused absences shall be defined as per Rule #5. The Chairman of the Legislature is to discuss the situation with the Legislator and determine whether or not removal from such committee and replacement thereon is necessary, subject to approval by the entire Legislature. Committees shall meet with department heads on a regular basis, and at least quarterly, for discussion of department objectives and/or problems. All Committee meetings of the Schuyler County Legislature shall be open to the public and press, except those portions held in Executive Session pursuant to the Open Meetings Law. The Chairman of the Schuyler County Legislature shall be ex-officio member of and shall have the right to attend all Committee meetings of all Committees appointed or created by the County Legislature. The Chairman shall be counted in the quorum and be a voting member of such Committee in the case of the absence of a Committee member. The Chairman shall not be a regular Committee member. NEW RULE 25 - ASTANDING COMMITTEES@ STANDING COMMITTEES The following is a list of the standing committees of this Legislature together with a description of the areas of responsibility with which each is charged. These committees and their responsibilities are subject to change by REGULAR MEETING - AUGUST 9, 1999 109 resolution of this Legislature. MANAGEMENT AND FINANCE COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: 1. Clerk of the Legislature: Including all matters relating to the duties and powers of the Clerk of the Legislature, in accordance with Section 475 of the County Law, and all other duties as prescribed by the Legislature. 2. County Auditor: Including all matters relating to the office of County Auditor in accordance with Section 600 of the County Law. 3. County Treasurer: Including all matters relating to the powers and duties of the County Treasurer as chief fiscal officer in accordance with Section 550 of the County Law, and in any fiduciary capacity. 4. Insurance: Including all matters relating to the procurement of all insurance for County purposes, and recommendations to the County Legislature with relation to the amount of official undertakings and the approval thereof, when the amount is fixed by the County Legislature. 5. Civil Service and Personnel: Personnel administration and policy, including reviewing requests for new positions, setting salary grades, all upgrades, position reclassifications, fringe benefits administration, and Affirmative Action programs and policy, disciplinary procedures pursuant to Section 75 of the Civil Service Law, union contract administration and negotiation, and including all matters pertaining to the County's administration of the New York State Civil Service Law. 6. Purchasing and Fixed Assets: In accordance with Section 625 of County Law, all matters relating to the organization, coordination, and implementation of a uniform system of inventory control and purchasing within the County Departments, agencies, boards, commissions, and administrative units. Organization, coordination and implementation of accurate physical inventories and fixed asset records. 7. County Historian: Including all matters related to the powers and duties of the County Historian. 8. Budget Officer: Including all matters related to the powers and duties of the Budget Officer. 9. Fringe Benefits: Including all matters related to the procurement of the County=s health insurance, disability insurance, worker=s compensation insurance, retirement plan, flexible spending plan, deferred compensation plan, and recommendations to the County Legislature with relation to the amount of official undertakings and the approval thereof, when the amount is fixed by the County Legislature. The Management and Finance Committee shall: * consider office and departmental estimates and make recommendation to this County Legislature of a tentative Budget for the ensuing fiscal year, including estimated expenditures and revenues, according to object and purpose * consider and make recommendations to this County Legislature on all applications for additional appropriations, and transfer of funds when authorization is required by the County Legislature. * represent this County Legislature in all matters or meetings relating to unpaid taxes, tax sales, collection, and recommendations regarding the disposition thereof, in which the County Treasurer, or the Clerk of this County Legislature, or this County Legislature, may have a duty or power to perform, with the exception of the refund of erroneous taxes. * make recommendations to this County Legislature with relation to redemptions, compromises, sales, leases, repair, fencing, or other disposition of County-owned property by virtue of tax sale. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Association for the Visually Impaired 110 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Arts of the Southern Finger Lakes Southern Tier Library Association GOVERNMENTAL OPERATIONS COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: 1. County Attorney=s Office: In accordance with Sections 500 and 501 of County Law, all matters relating to the duties and powers of the County Attorney, including all matters pertaining to County legal actions, lawsuits, damages' claims, or other legal representation of the County. 2. County Clerk=s Office: Including all matters pertaining to the constitutional responsibilities of the Clerk as registrar and the duties of the Clerk as agent of the New York State Department of Motor Vehicles. 3. Central Data Processing: Including all matters relating to the study, organization, promotion, coordination, purchase or lease of EDP equipment or systems, and development of the County's electronic data processing system for all of the County's Departments, agencies, or administrative units. 4. Election Commissioners: Including all matters relating to the Election Commissioners and County responsibilities under the Election Law. 5. Real Property Tax Service Agency: Including all matters relating to the equalization of tax rates for purposes of levying County taxes; representation of the County in all meetings and conferences with local assessors or individuals; and preparation of the assessment and tax rolls. 6. Records Management: Including all matters relating to the County's Records Management Program which is overseen by the Legislative Office, including the establishment, organization and oversight of the records retention storage places, contracts for records management, procedures or rules which may be necessary for implementation of a comprehensive Records Management Program, and activities of the Records Management Advisory Board. 7. Community Colleges: Including all matters relating to the Community College program. COMMUNITY DEVELOPMENT AND NATURAL RESOURCES COMMITTEE Oversight, representation, and as appropriate, recommendations to the County Legislature regarding all matters pertaining to the activities, programs or other matters related to the offices, departments, agencies or programs listed below, including those specifically identified as follows: 1. Agriculture: Including all matters related to the Cooperative Extension Association and Board of Directors, and Soil & Water Conservation District and Board of Directors. 2. Planning: Including all matters relating to the promotion of community development, environmental management, efficiency of public service, cooperation with all Town, Village and County Planning Boards or Commissions, in relation to local development and preparation of plans, and assisting other Committees of the County Legislature in gathering data, conducting research, and preparing reports and analyses. 3. Publicity: Including all matters relating to the contractual arrangements with Southern Tier Central Regional Planning and Development (STCRP & D) Board , Southern Tier Hospice, Finger Lakes Health Systems Agency for Community Health Planning, and the Schuyler County Historical Society. 4. Transportation: Including all matters relating to public transportation, specifically in regards to the agreement with Chemung County for said services. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Agricultural and Farmland Protection Board Chamber of Commerce Environmental Management Council REGULAR MEETING - AUGUST 9, 1999 111 Forest Practice Board Schuyler County Industrial Development Agency Schuyler County Partnership for Economic Development PUBLIC WORKS COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: 1. Buildings & Grounds: Including all matters relating to the maintenance and repair of County buildings and grounds, including allocation of space, supervision of the construction, reconstruction or remodeling of County buildings, and issues involving Seneca Harbor Park, the fishing pier and breakwater, involvement with all land and building acquisitions, proposals or development. Responsibilities include areas specific grant writing and application, specifications development and site plan reviews. 2. Weights & Measures: Including all matters relating to the duties and powers of the County Sealer of Weights and Measures. 3. Highway: Including inspection, construction, reconstruction, maintenance, and general supervision of the County roads and bridges, including certain Town bridges, as well as all matters pertaining to the duties, powers, and responsibilities of the County Superintendent of Highways. Additional responsibilities related to infrastructure development, grant writing and application, maintenance of all State and Federal reimbursement programs. HEALTH SERVICES COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regard to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records or accounts, or other matters related to the offices, departments, agencies, or programs listed below, including those specifically identified as follows: 1. Public Health: Including all matters pertaining to the Public Health and Home Health Program and Clinics, the Physically Handicapped Childrens' Program, Education of Handicapped Children, Rabies, Early Intervention Program and Watershed. 2. Mental Health: Including all matters pertaining to the Mental Health Clinic and the Mental Health contract agencies. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Health Services Advisory Board Professional Advisory Board Community Services Board Mental Health Subcommittee Mental Retardation/Developmental Disabilities Subcommittee Alcoholism and Substance Abuse Subcommittee HUMAN SERVICES COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regards to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records and accounts or other matters relating to the offices, departments, agencies or programs listed below, including those specifically identified as follows: 1. Social Services: Including all matters relating to the duties, powers, and responsibilities of the County Commissioner of Social Services, in the administration of public assistance and care, or other matters which relate specifically to the administration of the County's Social Services Programs. 112 2. 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Veterans' Services: Including all matters relating to the duties and power of the County Veterans' Service Director or officer in accordance with Section 800 of County Law, claims for soldiers' burial and headstones, and representation of the County Legislature in all matters pertaining to veterans or veterans' affairs. 3. Youth Bureau: Including all matters relating to the administration of the Schuyler County Youth Bureau, and Programs. 4. Office for the Aging: Including all matters relating to the County-sponsored programs and services for senior citizens, including fiscal and programmatic planning, outreach, information and referral; administration, coordination, and monitoring of contracts for legal, nutrition, home and health care, transportation, HEAP, etc; and representation of the County Legislature in all matters pertaining to services for senior citizens provided through the Office for the Aging. Representation, oversight, and recommendations to the County Legislature as appropriate, on matters pertaining to the following Boards, Commissions, or agencies: Child Care Coordinating Council Office for the Aging Advisory Council RSVP Advisory Council Social Ministry (Food Bank) STCRP & D Human Services Committee Youth Board PUBLIC SAFETY AND CRIMINAL JUSTICE COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regards to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records and accounts, or other matters relating to the offices, departments, agencies or programs listed below, including those specifically identified as follows: 1. Emergency Management: Including all matters relating to civil defense, catastrophe, natural disaster and other emergencies under the direction of the Governor or the State Director of Emergency Management, including the powers and duties of the local County Office of Emergency Management. Also including all matters relating to the Schuyler County Fire Advisory Board, fire training schools, mutual fire aid plans and programs, and the Enhanced 911 Program. Also including all matters relating to the NYS Fire Prevention and Building code as pertains to all County owned buildings, construction and remodeling. Also including all matter related to hazardous materials and the Emergency Medical System (EMS). 2. District Attorney: Including all matters relating to the powers, duties and responsibilities or offices of the District Attorney. 3. Probation: Including all matters relating to the powers, duties and offices of any and all Probation staff. 4. Sheriff: Including all matters relating to the Sheriff, Undersheriff, Jail, Deputies, Correction Officers, Court Attendants, and all other personnel; matters concerning the Jail, maintenance of prisoners, navigation and animal control. 5. Public Defender and Assigned Counsel: Including all matters relating to the duties and powers of the Public Defender, in accordance with Sections 716 and 717 of County Law. 6. Coroners: Including all matters relating to the duties and powers of Coroners, in accordance with Section 671 of County Law. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Criminal Justice Advisory Council Local Emergency Planning Committee (LEPC) Local Conditional Release Commission LEGISLATIVE RESOLUTION REVIEW COMMITTEE REGULAR MEETING - AUGUST 9, 1999 113 This is a committee of the whole to review and consider all resolutions that are approved through the standing committees of the Legislature, and/or presented by Legislators individually. Resolution review will include clarification of any areas of concern, which may require additional information be added to a resolution. Recommendation may be made to have a resolution referred back to committee. All decisions on altering or referring resolutions shall be made only upon approval of the majority of the committee. No resolution shall be withdrawn without the expressed approval of the appropriate committee chairman. This committee may create any resolutions that become necessary for immediate consideration at the next Regular Meeting. This committee may consider and forward to the full Legislature bid acceptance/rejection recommendations, only when the jurisdictional committee is unable to do so because of time constraints. ADDITIONS TO RULE 21 - AORDER AND DECORUM@ Whenever the Chairperson desires to make a motion or be recognized in entering into a debate, he shall step down from the chair. The Vice-Chairperson of the Legislature shall take the chair and he shall preside as in the case of a temporary chairman. CLOSED MEETINGS IN EXECUTIVE SESSIONS - Any Legislator may move to go into Executive Session for matters authorized under Public Officers Law, Section 105, as follows: 1. matters which will imperil the public safety if disclosed; 2. any matter which may disclose the identity of a law enforcement agency or informer; 3. information relating to the current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; 4. discussions regarding proposed, pending or current litigation; 5. collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law); 6. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; 7. the preparation, grading or administration of examinations; 8. the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof. Each motion to go into executive session shall contain a specific statutory reference for the exemption to Open Meetings Law requirements. If the executive session pertains to more than one topic of discussion, the number of topics and the specific statutory exemptions for each topic shall be made a part of the motion to go into executive session. Once the executive session has been convened, the first order of business is to confirm that the subject for which the executive session was called is legal and necessary. No official action, except as authorized by statute shall be transacted and no part hereof shall be construed as limiting the exemptions available under Public Officers Law, Section 108, including, but not limited to, deliberations of political committees, conferences and caucuses. Whenever practical, motions pertaining to the outcome of topics discussed in executive session shall be made in open session immediately after the executive session has ended. NO EXECUTIVE SESSION PARTICIPANT SHALL, IN OPEN SESSION, DISCLOSE WHAT BUSINESS MAY HAVE BEEN TRANSACTED IN SUCH EXECUTIVE SESSION OR THE REMARKS OF ANY EXECUTIVE SESSION PARTICIPANT. DISCUSSION: Legislator Young commented that OTB is not under any committee on this resolution. She feels it should be and suggested that it be under the Human Services Committee. Legislator Hastings also feels it should be under a committee. Legislator Bleiler stated that they are voting on the rules tonight, it does not preclude them from putting something under a committee, this is just responsibilities. The Clerk of the Legislature explained that as a rule of thumb, these are usually established in the budget and OTB falls under the legislative budget. Legislator 114 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Little said that this resolution states that the Legislative Resolution Review Committee can create any resolutions and he does not agree with that and will be voting no on this tonight. He feels it circumvents the committee forum. Legislator Larison feels it is a good idea so that there are less emergency resolutions. VOTE: Passed 5-3. Noes: Hastings, Little, Karius. RESOLUTION NO. 269 Motion by Little, Second by Young. RE: AUTHORIZE TRANSFER OF FUNDS AND PURCHASE OF PRINTER - LEGISLATURE WHEREAS, the Legislative Office has an unusable 1992 Panasonic Laser Printer which is not cost effective to repair, and WHEREAS, the are sufficient funds in the Legislative Office copier account that can be put towards the purchase of a new printer. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $362.44 from account no. 1010.410-copier expense to account no. 1010.207-computer/printer, and that the Clerk of the Legislature be authorized to purchase a new printer. VOTE: Passed 8-0. RESOLUTION NO. 270A Motion by Young, Second by Larison. RE: MOTION TO AMEND RESOLUTION NO. 270 TO HOLD A PUBLIC REFERENDUM - FAILED BE IT RESOLVED, that Resolution No. 270 be amended to hold a public referendum. VOTE: Failed. 2-6. Noes: Hastings, Little, Karius, Bleiler, Marvel, Gifford. RESOLUTION NO. 270 Motion by Little, Second by Marvel. RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 1999 CREATING THE POSITION OF COUNTY ADMINISTRATOR FOR THE COUNTY OF SCHUYLER WHEREAS, the Schuyler County Legislature wishes to create the Office of County Administrator for Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3 of the year 1999 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on August 17, 1999 at 7:00 p.m. in the Upstairs Courtroom, County Office Building, 105 Ninth Street, Watkins Glen, NY, and BE IT FURTHER RESOLVED, that a Special Meeting of the Legislature shall follow the public hearing for the purposes of considering the adoption of Local Law Intro. No. 3 of the Year 1999. LOCAL LAW INTRO. NO. 3 OF THE YEAR 1999 A Local Law to establish the Office of County Administrator for the County of Schuyler. SECTION 1. LEGISLATIVE INTENT The Schuyler County Administrator shall be appointed by the County Legislature and will serve at their pleasure. The office will function as the agent of the Legislature in supervising the daily operations of the County=s administrative matters with the primary goal of improving the general efficiency of administration as consistent with all laws, rules and regulations. To accomplish this responsibility, the County Administrator will study the current organizations of all County departments and recommend such changes in personnel, finances and structures as deemed necessary to meet this objective. Additionally, the County Administrator shall propose ongoing programs which will continue these initiatives into the future. The Schuyler County Legislature hereby declares that nothing herein shall be construed as electing an optional form of County government under the New York State Constitution, Alternative County Government Law, or any other law of this State. It is the intention of this Legislature to create and establish a position of employment in accordance with County Law Sections 204 & 400-4(a), which position shall be so regarded in every respect. SECTION 2. APPOINTMENT AND TERM OF OFFICE A. There shall be a County Administrator who shall be directly responsible to the Legislature and shall, on behalf of the Legislature, perform the functions of a chief administrative officer. The position of County REGULAR MEETING - AUGUST 9, 1999 115 Administrator shall be exempt for Civil Service purposes. The County Administrator shall be appointed by the Legislature and shall serve at the pleasure thereof. The term of office for the County Administrator shall commence on the date of appointment and shall expire on December 31 of the year following appointment. Subsequent terms of office shall be for four (4) years. C. The County Administrator shall hold no other public or political office. SECTION 3. QUALIFICATIONS A. At the time of appointment, the County Administrator shall have the following minimum qualifications: 1. Bachelors Degree in Business or Public Administration and Three (3) Years of Management Experience in Public Administration. The County Administrator shall be appointed on the basis of these and such other qualifications as may be required for the responsibilities of the office. B. The appointee need not be a resident of Schuyler County at the time of appointment, but shall become so within ninety (90) days of appointment and remain so during the term of office. Failure to become a resident or remain a resident shall be cause for dismissal by the Legislature without other or further notice and without benefit of the removal provisions of the New York State Civil Service Law. SECTION 4. SALARY The County Administrator shall receive an annual salary to be fixed by the County Legislature. SECTION 5. POWERS AND DUTIES Perform all the duties now and hereafter conferred or imposed upon the office by law or directed by the Legislature and shall have all the powers and perform all the duties necessarily implied or incidental thereto. The County Administrator will provide and coordinate staff services to the County Legislature and its various committees and shall coordinate the activities of the various County departments and agencies. Among such powers and duties, but not by way of limitation, are the following: A. Description of Duties: 1. Support and Supervise All Department Heads (subject to Section 7.) The County Administrator will conduct regular meetings with all department heads in order to assure the smooth implementation of Legislative policies and procedures with a particular emphasis on the provision of consistent and fair departmental goals, objectives, staffing practice and operational procedures; will coordinate between departments in order to eliminate redundant activities or organizational overlap; will work with each department on the development of an annual plan (goals) which will then be combined into a single plan for County government submitted to the Legislature for their consideration and approval; will recommend to the Legislature, the appointment and/or dismissal of all non-elected department heads. Will develop, with each department head, an individual performance program that will serve as the basis for an annual evaluation by the County Administrator who will then recommend to the Legislature any changes to salaries or benefits as consistent with the current salary plan. B. Serve as the County=s Budget Officer Working with the various department heads and members of the Legislature, the County Administrator will formulate a draft budget plan for consideration and approval by the Legislature. It is the expectation of the Legislature that the draft budget will evidence the relationship between proposed expenditures and the County=s policy goal; will manage an appropriate set of budgetary controls which will serve as the basis for the monitoring of expenditures, reporting same to the Legislature on a regular basis; will review and approve all departmental travel requests and will oversee the disposal of obsolete equipment, materials and supplies under such rules as approved by the Legislature. C. Grants The County Administrator shall assist all department heads in the initiation and preparation of grant requests and shall recommend the disposition of each to the Legislature. In carrying out this responsibility, the Administrator B. 116 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE shall pay particular attention to anything which will require the County to make an additional expenditure or items which will cause conflicts between the several departments or with existing Legislative policies and procedures. D. Provision of Data and Other Support Services The County Administrator shall have the responsibility of providing to the Legislature, data and analyses which they need for policy consideration, including collective bargaining, and will sit as a member of the management team in all collective bargaining activities; will formulate data that will measure the impact of Legislative proposals and decisions on the tax base and economic development goals established by the Legislature; will aid the Legislature in evaluating proposals and make recommendations concerning same; will serve as an advisor to the Legislature in developing policies and procedures promoting economy and efficiency in government; will undertake administrative and management studies and to make recommendations regarding the results thereof to the Legislature; will maintain liaison and represent the Legislature in contact with political subdivisions, state and federal officials and agencies. E. In consultation with the Chairman of the Legislature and County Attorney, to determine what officer shall perform a duty not clearly defined or specified by law. F. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the Legislature. SECTION 6. SCOPE OF AUTHORITY Any dispute or disagreement regarding the authority of the County Administrator, the scope of the Administrator=s duties or authority, or the relationship between the County Administrator and the Chairman of the Legislature, Committee Chairman or individual Legislators shall be finally determined by the County Legislature sitting en banc. This section is specifically intended to address chain of command issues. SECTION 7. NO DIVESTITURE OF ELECTED OR APPOINTED OFFICIALS= POWER Nothing contained in this Local Law shall operate or be construed to divest or curtail the power of any elected or appointed official nor to constitute an impermissible delegation of legislative authority. Nothing herein shall alter the attorney-client relationship between the County Attorney=s Office and the Legislature in accordance with Sections 500 and 501 and the County Law; the County Attorney will report directly to the Legislature. SECTION 8. SEPARABILITY OF PROVISIONS If any clause, sentence, paragraph, subdivision, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall be been rendered. SECTION 9. CONFLICT WITH PREVIOUS LOCAL LAWS OR RESOLUTIONS In the event of a conflict or inconsistency between this Local Law and any previous Local Law or Resolution of the Board of Legislators, this Local Law shall govern. SECTION 10. EFFECTIVE DATE This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully and it has been duly filed as provided by the Municipal Home Rule Law. DISCUSSION: Legislator Young shared her concern about this position and had a lot of unanswered questions on the Local Law. Legislator Hastings stated that this vote tonight is on the introduction and to hold a public hearing. Legislator Bleiler said he does not favor a public referendum. He does feel it needs the support of the voters. Attorney Coleman explained why there was a public referendum required last time and why it is not required now. If this Legislature chose to place the position on the ballot he does not think the court would overturn that action. Legislator Young feels the people have not gotten the education that was promised last November. Legislator Larison feels the Legislature is moving too fast. This Legislature agreed to do a study on the value of the position comparing the pros and cons. There are 13 counties that do not have administrators and they are much larger than Schuyler County. Why should there be another person between the Legislature and the department heads. REGULAR MEETING - AUGUST 9, 1999 117 Legislator Bleiler stated that he is not in favor of this resolution, however, he is not in favor of a public referendum either. This Legislature did say they would inform the public. He would like to make sure everyone knows the County hired someone for $300 to come and talk to us about the County Administrator position. That person made two recommendations, one was to not do anything more until a consensus is formed and second was to listen to a different company that would work with the Legislature on cost effectiveness. Legislator Hastings stated that the consultant would have cost a minimum of $12,000 to do a study. Legislator Hastings called for the question. VOTE: Passed 5-3. Noes: Young, Bleiler, Larison. RESOLUTION NO. 271 Motion by Little, Second by Marvel. RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN RECORDS MANAGEMENT CONTRACT WITH SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the 1999-2000 Local Government Records Management Improvement Fund grant contract relative to the records inventory project for SCIDA in the amount of $2,500, and all reports; subject, as required, to the approval of the Schuyler County Attorney. The term of this contract will be from August 9, 1999 through June 30, 2000. VOTE: Passed 8-0. RESOLUTION NO. 272 Motion by Little, Second by Marvel. RE: AUTHORIZE CHAIRMAN OF LEGISLATURE TO EXECUTE DOCUMENTS RELATIVE TO THE WATER/SEWER PROJECT WHEREAS, Resolution No. 230-99 authorized Schuyler County to act as lead agent for the creation of a special use district for the water/sewer extension project between the Village of Watkins Glen and the Town of Dix, and WHEREAS, during this process it will be necessary for the Chairman of the Legislature to execute a multitude of time-sensitive documents. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be hereby authorized to execute any and all documents relative to the creation of a special use district for the extension of water and sewer from the Village of Watkins Glen to the Town of Dix; subject, as necessary, to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 273 Motion by Hastings, Second by Little. RE: NEW YORK TOURIST PROMOTION ACT DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY 1999-2000 WHEREAS, the New York State Matching Grants Program is designated to encourage tourism promotion throughout the regions of New York State, and WHEREAS, in the past, the State of New York has appropriated funds for this purpose in its Commerce Department budget, and WHEREAS, the guidelines for this local assistance program encourages counties to appoint a Regional Tourist Promotion Agency, and WHEREAS, the Schuyler County Chamber of Commerce has been authorized to serve as the Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and WHEREAS, the Schuyler County Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the County=s Tourism Agency for the 1999-2000 State Program Year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 1999-2000 State Program year to represent the County of Schuyler under the present New York State Tourist Promotion Act for all purposes 118 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE set forth in said act, and BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application for and receive grants on behalf of the County of Schuyler pursuant to the New York State Commerce Department budget for 1999-2000, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the Schuyler County Chamber of Commerce and the Finger Lakes Association. VOTE: Passed 8-0. RESOLUTION NO. 274 Motion by Hastings, Second by Little. RE: AMEND RESOLUTION NO. 121-99 - AUTHORIZE SECTION 18 ANNUAL GRANT APPLICATIONS WHEREAS, Resolution No. 121-99 authorizing section 18 annual grant applications should read to cover fiscal years 1999 and 2000. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 121-99 be amended to read as follows. AWHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964 as amended, for a project to provide for public mass transportation service for Schuyler County, the Villages of Montour Falls and Watkins Glen and the Towns of Montour and Hector by the Chemung County Transit System for the 1999-2000 fiscal year, and WHEREAS, the County of Schuyler and the State of New York have entered into a continuing Agreement for a ten-year period which authorizes the undertaking of the Project and payment of the Federal Share, identified as State contract C001944. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute on behalf of the County of Schuyler the annual grant application and progress and complete the above named Project; subject to approval by the Schuyler County Attorney.@ VOTE: Passed 8-0. RESOLUTION NO. 275 Motion by Hastings, Second by Little. RE: AUTHORIZE CHAIRMAN TO WRITE LETTER REQUESTING ASSISTANCE FROM STATE FOR WATKINS GLEN NEW YORK STATE PARK WHEREAS, the Watkins Glen New York State Park is suffering the loss of an evening attraction with the closing of Timespell, and WHEREAS, such attractions, especially during evening hours, is a boon to economic development and tourism in the area. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize its Chairman to write a letter to NYS Office of Parks, Recreation & Historic Preservation as well as our local representatives requesting their support and assistance in soliciting a evening attraction for the Watkins Glen State Park. VOTE: Passed 8-0. RESOLUTION NO. 276 Motion by Hastings, Second by Karius. RE: DECLARE EQUIPMENT SURPLUS - SHERIFF WHEREAS, the Sheriff=s Department has equipment and vehicles, listed below, unused and stored at the County Highway garage, which have been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the listed equipment and vehicles as surplus, and BE IT FURTHER RESOLVED, that the Highway Superintendent isolate such equipment and vehicles for inclusion in the 1999 public auction. One (1) 1970 MFG Tri-hull Boat REGULAR MEETING - AUGUST 9, 1999 119 Two (2) Boat Trailers One (1) 1971 MFG Tri-hull Boat One (1) 1988 Chevrolet Caprice vin 1G1BL5162JR207446 One (1) 1988 Chevrolet Caprice vin 1G1BL5166JR90196 One (1) Medical Examination Table One (1) Johnson Boat Motor (Unclaimed found property) Unspecified number of unclaimed bicycles VOTE: Passed 8-0. RESOLUTION NO. 277 Motion by Hastings, Second by Karius. RE: DECLARE EQUIPMENT SURPLUS - HIGHWAY WHEREAS, the Highway Department has equipment that is unusable and/or has been replaced. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that the County Legislature hereby declare the listed equipment as surplus, and BE IT FURTHER RESOLVED, that the Highway Superintendent will segregate said equipment for inclusion in the 1999 public auction. 2 Ea 12= Steel Material Spreaders 1 Ea 1973 Brockway Tractor 3 Ea Bennett model 3727 Fuel Pumps 1 Ea Fontaine Fifth Wheel Attachment 5 Ea Ceiling Fans 1 Ea 20 Ton Air-Operated Floor Jack 1 Ea Viking 9= Poly Reversible Plow and Frame VOTE: Passed 8-0. RESOLUTION NO. 278 Motion by Hastings, Second by Karius. RE: ACCEPT BID FOR ABSTRACTING SERVICES FOR 1999 TAX SALE AUCTION WHEREAS, Resolution No. 228-99 authorized advertisement for bids for abstracting services for 1999 tax sale auction properties, and WHEREAS, only one bid was received and reviewed with recommendation being made to accept the bid from the sole bidder, Glen Abstract Corporation, said bid having been reviewed and approved by the Schuyler County Attorney. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accept the following bid for abstracting services for 1999 tax sale auction properties: Glen Abstract Corporation 601 No. Decatur Street Watkins Glen, NY 14891 BID AMOUNT: $43.00 per search VOTE: Passed 8-0. WITHDRAWN RE: AUTHORIZE ADVERTISING FOR RE-BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/99-6/30/2000 WHEREAS, Schuyler County must provide transportation to preschool children with disabilities, and WHEREAS, previous bids received were restricted to agencies not receiving federal subsidy funds, and WHEREAS, reinterpretation of the legislation now allows such agencies to bid. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Public Health Office is authorized to advertise for re-bids for the transportation of preschool children with disabilities from July 1, 1999 through June 30, 2000, and 120 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE BE IT FURTHER RESOLVED, that re-bids are to be marked ASealed Bid@ and received by the Clerk of the Legislature, 105 Ninth Street, Unit 6, Watkins Glen, NY 14891 no later than 5:00 p.m. on Tuesday, August 31, 1999. The bids will be opened at 9:30 a.m. on Wednesday, September 1, 1999. Acceptance or rejection of bids will be done at the September 13, 1999 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. RESOLUTION NO. 279 Motion by Little, Second by Marvel. RE: RESOLUTION IN SUPPORT OF WESTERN REGIONAL OFF-TRACK BETTING CORPORATION AND REQUESTING LEGISLATION ALLOWING OPERATION OF BATAVIA DOWNS WHEREAS, Schuyler County has been a participating municipality of the Western Regional Off-Track Betting Corporation for more than two decades, and WHEREAS, during that period Schuyler County has been the recipient of hundreds of thousands of dollars in revenues for the benefits of its taxpayers, and WHEREAS, the Schuyler County Legislature had representatives take part in the 25th anniversary celebration of Western Regional Off-Track Betting Corporation at its facilities at Batavia Downs on Saturday, July 31, 1999, and WHEREAS, said representatives were impressed by the corporation=s efforts to revitalize Batavia downs as a center for harness horse breeding and racing in Western New York, and WHEREAS, Wester Regional Off-Track Betting should be congratulated for its efforts in such regional development, and WHEREAS, the New York State Legislature has been slow to consider and grant Wester Regional Off-Track Betting corporation the ability to obtain a license to resume harness horse racing and to generally give life to this historic structure. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby go on record as supporting the efforts of Western Regional Off-Track Betting Corporation to bring harness horse racing back to Genesee County, and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Senator John R. Kuhl, Jr. and Assemblyman James Bacalles urging their support of legislation to enable Western Regional Off-Track Betting Corporation to conduct live harness racing and pari-mutual racing at the former Batavia Downs as soon as possible. VOTE: Passed 8-0. RESOLUTION NO. 280 Motion by Little, Second by Marvel. RE: AUTHORIZE TRANSFER OF FUNDS - EQUIPMENT BONDING RESOLUTION NO. 57-99 WHEREAS, a misunderstanding resulted in the removal of a required computer for the Civil Service/Personnel Department from the items to be bonded in Resolution No. 57-99, and WHEREAS, the Sheriff=s Department and the Emergency Management Department have agreed to a transfer of $1,000 each from items listed in the same category [i.e., Section I, d). The purchase of equipment, machinery, apparatus and furnishings, at a maximum estimated cost of $93,118, it being hereby determined that the same constitutes a class of objects or purposes having a period of probable usefulness of five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law] as a computer. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the purchase of a computer for the Civil Service/Personnel Department and the following transfers of appropriations in the Capital Fund: From: 3150-0201-9917 Equipment-Other $1,000.00 From: 3689-0200-9917 Equipment $1,000.00 To: 1430-0207-9917 Computer $2,000.00 VOTE: Passed 8-0. RESOLUTION NO. 281 Motion by Bleiler, Second by Marvel. RE: AUTHORIZE ONE (1) RESOLUTION BE BROUGHT TO THE FLOOR REGULAR MEETING - AUGUST 9, 1999 121 BE IT RESOLVED, that one (1) resolution be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 282 Motion by Larison, Second by Little. RE: RESOLUTION TO ENACT THE CLOTHING AND FOOTWEAR EXEMPTION FROM SALES AND USE TAXES FOR BOTH THE PERIOD SEPTEMBER 1, 1999 AND SEPTEMBER 7, 1999, AND THE PERIOD JANUARY 15, 2000 THROUGH JANUARY 21, 2000 Be it enacted by the Schuyler County Legislature as follows: Section one. Receipts from sales of and consideration given or contracted or be given for purchases of clothing and footwear exemption from state sales and compensating use taxes pursuant to paragraph 30-a of subdivision (a) of section 1115 of the tax law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction. Section two. This resolution shall take effect immediately and shall apply to sales made and uses occurring during the period commencing September 1, 1999 and ending September 7, 1999, and during the period commencing January 15, 2000 and ending January 21, 2000, as the case may be, although made or occurring under a prior contract. VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Hastings reported on the Public Safety/Criminal Justice Committee. She reported that there have been meetings through the PINS Diversion Program relative to the age that children can leave school. Currently they are allowed to leave school at age 16. She feels Legislator Bleiler has been an asset to the committee. The Committee found out today that the state education law to raise the age to 18 has now passed and the Governor has signed the bill. It takes effect July 1, 2000. Ron Alexander, Probation Director, wrote to Sheldon Silver to get the bill passed for PINS. She read a letter from Sheldon Silver. The bill has now been introduced and it looks like it is being discussed. Legislator Hastings also reported on the drought issue. Schuyler County has been included by the Governor to be a drought stricken area. Schuyler County will get automatic deduction for loans because we are an adjoining County. She also reported that the District Attorney wrote to the Governor in regard to funding a full-time District Attorney for Schuyler County. She did receive a letter from Senator Kuhl, he thanked us for providing him with a copy of the letter. The minute she hears from the Governor, she will talk to Senator Kuhl to initiate the process. Legislator Little reported on the Public Works Committee. He reported that on Wednesday, August 18, 1999 there is a meeting at 7:00 p.m. with the New York State Department of Transportation (DOT) to discuss Routes 414 and 224. It is a public meeting to hear everyone=s input. He also reported that there will be a meeting August 23, 1999 at 6:30 p.m. in the upstairs courtroom to discuss Phase II of the lakefront project. Legislator Young reported on the Human Services Committee. She reported that the summer youth program has had 70 young people involved working at Watkins Glen International. The Youth Services Planner is looking for a way to truck recyclables from the track for a rebate for youth bureau programs. She wanted to publicly thank Watkins Glen International for participating in this program. She also reported that the Child Care Coordinating Council has completed a use assessment survey for child care needs and how many centers are needed. Legislator Bleiler reported on the Management & Finance Committee. He reported that the Management Confidential Salary Plan is continuing to be revised and he hopes they can finalize it soon. He also reported that the budget process is underway. The Budget Team Leaders met today and have agreed on a time line. Legislator Marvel reported on the Community Development and Natural Resources Committee. He reported that the committee acted on several pre-applications last month for the Water/Sewer District for the Town of Dix. He also reported that there has been no movement on the Jamesway project. He concluded by noting that Cornell Cooperative Extension has interviewed two more people for the Planner position. UNFINISHED BUSINESS: None. 122 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE NEW BUSINESS: Legislator Bleiler informed everyone that the Legislative Committee meeting scheduled for Friday, August 13, 1999 at 3:00 p.m. will be bumped to 2:00 p.m. to discuss the time line for the year 2000 budget. Legislator Hastings said she needs a consensus on a Resolution for the Sheriff=s Department. He received a letter from Sarah Connelly suggesting that he send two Sheriff Deputies to Florida for some training on domestic violence. Deputy Bacon was designated to be sent to Clearwater, Florida, all expenses paid by First Step. The date of travel will be September 20-22, 1999. The rates are so reasonable he may be able to send two Deputies. He will have a resolution ready for his committee meeting this month, but she would prefer a consensus now so that he may purchase the tickets early. MOTION by Legislator Hastings, SECOND by Legislator Young to agree to support a resolution for the September Regular Meeting. Motion carried eight ayes to zero noes authorizing out of state travel. Legislator Bleiler said he would like a motion for the record on eliminating the sales tax on clothing to be done in conjunction with the State=s new start date of March 1, 2000. MOTION by Legislator Bleiler, SECOND by Legislator Hastings. Motion carried eight ayes to zero noes. PUBLIC PARTICIPATION: None. The meeting adjourned at 8:03 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING AUGUST 13, 1999 The Special Meeting of the Schuyler County Legislature was called to order at 2:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present except Legislator Little who was excused. County Attorney Coleman was also excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 283 Motion by Karius, Second by Hastings. RE: RATIFICATION OF SPECIAL MEETING CALL BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Deputy Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following item of business: 1) Authorize Chairman to Sign Grant Application for Salt Storage Facility Under the 1996 Clean Water/Clean Air Bond Act -Title 3 Section 56-0303 VOTE: Passed 7-0. RESOLUTION NO. 284 Motion by Larison, Second by Young. RE: AUTHORIZE CHAIRMAN TO SIGN GRANT APPLICATION FOR SALT STORAGE FACILITY UNDER THE 1996 CLEAN WATER/CLEAN AIR BOND ACT -TITLE 3 SECTION 56-0303 WHEREAS, the Schuyler County Legislature herein called the AMunicipality@, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the AProject@, is desirable, is in the public interest, and is required in order to implement the Project, and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the items listed below pursuant to the Clean Water/Clean Air Bond Act of 1996. 2. That the Chairman of the Legislature or such person=s successor in office, is the representative authorized to act in behalf of the Municipality=s governing body in all matters related to State SPECIAL MEETING - AUGUST 13, 1999 123 assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality=s governing body in all matters related to the Project and the State assistance; 3. That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Projects= field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 4. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance Program; 5. That this Resolution take effect immediately. DISCUSSION: Legislator Hastings asked Elaine Dalrymple, Soil and Water Conservation, what the cost would be for this project. Elaine explained that Greg Mathews, Highway Superintendent, is still working up a design for the proposals to be considered. Legislator Hastings asked what the match would be. Elaine said it is 50%. Legislator Hastings asked if the County could find another grant to pay that 50%. Elaine said yes, she will also check with SCOPED for other alternatives. Legislator Hastings asked if there was any contamination. Elaine explained that in order to qualify for the grant there has to be some contamination. Both Jim Howell and herself feel that salt is not a bid pollutant. Jim Howell worked with Terry Wolverton, Deputy Highway Superintendent, to drill a well to take a water sample. Jim sent the sample to the lab to check for calcium, sodium and any metals. Both salt plants have to have a permit and there are levels that they have to stay within. He is sure the sample will show there is contamination. This is good for the proposal, there are no wells and no public health issues here. In order to reach high points on scoring, the County has to have something to fix to receive this grant. He has also been assured that the Department of Environmental Conservation (DEC) will not require any remedial action on the part of the County as they identify themselves as a polluter. Legislator Young asked that Jim get a written confirmation on that statement. Legislator Hastings feels the County should treat this like the Shared Fuel Facility and share it with other agencies and charge a surcharge for the service. The State Government is pushing for shared facilities. Jim suggested the New York State revolving loan fund for additional grant money. Legislator Bleiler asked if anyone is saying the County needs this facility. Elaine feels that it is needed and the money is available. Also, Greg=s concern is that the surface water is running into the marsh and the canal. Legislator Hastings said once the grant is awarded they could discuss the possibility of sharing the facility then. Legislator Marvel feels the County should set an example and correct this contamination. VOTE: Passed 7-0. PUBLIC PARTICIPATION: None. The meeting adjourned at 2:34 P.M. Stacy B. Husted, Deputy Clerk SPECIAL MEETING AUGUST 16, 1999 The Special Meeting of the Schuyler County Legislature was called to order at 9:25 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Little and followed by a Moment of Silence. All Legislators were present except Legislators Young and Marvel who were absent. County Attorney Coleman was excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 285 Motion by Larison, Second by Little. RE: RATIFICATION OF SPECIAL MEETING CALL BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Deputy Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following item of business: 124 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 1) Authorize Chairman to Sign Grant Application for the Water/Sewer Special Use District Under the 1996 Clean Water/Clean Air Bond Act -Title 3 Section 56-0303 VOTE: Passed 6-0. RESOLUTION NO. 286 Motion by Larison, Second by Little. RE: AUTHORIZE CHAIRMAN TO SIGN GRANT APPLICATION FOR THE WATER/SEWER SPECIAL USE DISTRICT UNDER THE 1996 CLEAN WATER/CLEAN AIR BOND ACT -TITLE 3 SECTION 560303 WHEREAS, the Schuyler County Legislature, acting on behalf of the proposed special use district, herein called the AMunicipality@, after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the AProject@, is desirable, is in the public interest, and is required in order to implement the Project, and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, acting on behalf of the proposed special use district, hereby authorizes the items listed below pursuant to the Clean Water/Clean Air Bond Act of 1996. 1. That the Chairman of the Legislature or such person=s successor in office, is the representative authorized to act in behalf of the Municipality=s governing body in all matters related to State assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality=s governing body in all matters related to the Project and the State assistance; 2. That Schuyler County is acting on behalf of the proposed special use district that will fund its portion of the cost of the Project and that funds will be available to initiate the Projects= field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for State Assistance Program; 4. That this Resolution take effect immediately. VOTE: Passed 6-0. PUBLIC PARTICIPATION: None. The meeting adjourned at 9:30 A.M. Stacy B. Husted, Deputy Clerk PUBLIC HEARING AUGUST 17, 1999 The Public Hearing on Local Law No. 3 of the Year 1999 was called to order at 7:00 p.m. by Chairman Gifford. All Legislators were present. County Attorney Coleman was also present Chairman Gifford opened the meeting by requesting that the public speak up, address their comments to the Chairman and to please state their name for the record. He also asked that everyone speak only on the position of County Administrator. Casey Creamer stated that he is in favor of this position, however he feels the County is not ready. He feels the Legislature should not vote until they have all eight Legislators in favor. The person hired will come here knowing only five Legislators want him or her here. He has also heard unanswered questions that he feels should be answered. He feels the Legislature has not done their job. If this entire Legislature can all agree, then he is in favor of it. PUBLIC HEARING - AUGUST 17, 1999 125 Tom Ryan said he is against this position. He feels the Legislators are elected to do a job and if they do not like the job then they should resign. Tony Capece stated that this is deja vu all over again. The taxpayers voted no against this in the past. This position is one more mouth to feed. He feels the Legislature has not shown how this position can save the County money. All that has been said is the position will provide for continuity. Sharon Bingell said she can not see spending money on this position when the job description is redundant. The County has department heads who write grants and the Legislature does not give them enough clerical help. The amount of $100,000 is a lot of money, how much clerical help could the County hire with that money or how much economic development could be done? She feels the County needs to make use of the resources they already have. If the Legislature can not give raises when appeals are done, how can they afford this position. Elizabeth Jones asked how this position relates to the rest of the County? She also asked why the County needs a manager for such a small County. Kenneth Bell feels County business is a lot to handle. Schools and Hospitals are run by managers. He feels micro-management is being done by Legislators. He asked where employees are supposed to go to if they are unhappy, to the Legislators? He feels it is about time this position is created. Dave Poyer stated that he is totally against this position. He asked if the situation could be handled without using more tax money? Linda Compton said that many people have come to her and feel the Legislature does not care to hear what they have to say. The Legislature has heard from the public and still persists on passing this Local Law. She said the Legislature knows how everyone feels, shame on you for not representing them. Steven Compese feels there is no sense in voting anymore if all of the power is given to this person. What is the sense of having the Legislature. If the taxpayers do not like the Legislators they can be voted out of office, this position can not be handled that way. He is against the position. Barbara Halpin said it is clear to her in listening to the public that they still do not understand this position. She feels that is why the public referendum failed in the past. She understands and appreciates the public=s concerns. Having served on the Legislature for six years she feels the County is like any other business with a 20 million dollar budget. There is no other business that large that is run by eight people off the street. If it were a good idea, private industry would be doing it. Since this position has been studied for nine years, the majority of Legislators have supported it. She feels that says something. She encourages the public opposed to the position to run for the Legislature to find out what it is all about. This person can not assume any power from the Legislature. If the public votes on this position, maybe they should also vote on the budget. She is in support of this position. If the Local Law passes, she fully expects that this Legislature will support it as a whole. Dudley Bishop said he is opposed to the County Administrator position. Paul Fitzsimmons feels this Legislature is following a party line. If the Legislators will not listen to the vote of a referendum, how will they listen to us tonight. He has heard some good points for the position. He asked that the five Legislators in favor not vote on this position. Angie Franzese reminded the public that on June 10, 1996, seven out of eight Legislators chose to hold a referendum. She also said that Legislator Hastings was on the board then and was a no vote for this position. The people of Schuyler County have said no. It is a small community and there is nothing to prevent micro-management. She asked that the five Legislators in favor of the resolution let the people decide, they are the ones paying the bill. She urged the Legislature to amend Section 10 of this Local Law so that it will be subject to a referendum. The Legislature would then be following the best legal advice by County Attorney Coleman. Joe Rooney said he is in favor of this position. These eight Legislators are elected to run this $20 million dollar business. They are part-time and run committees by experience. There may be a part-time Legislator in charge of a number of departments they know nothing about. The issue of this position is not to replace the Legislature, they are not giving up their responsibility. This issue is about having a person educated who knows what responsibilities are. It is a full-time person to help the department heads run their department. To him that is common sense. He urged the Legislature to please move forward on this in a positive direction. 126 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Herb Redick said an industry will show how much a CEO will save the company. Nobody has shown the public what the savings will be for this position. Angie Franzese asked if the Legislature has any figures to present to the public? Diane Carl said she has attended Legislature meetings and was still not well informed. She has also attended public hearings and voiced her opposition and voted no to the public referendum. The Legislature wants public opinions, but is not listening. She votes for elected officials to do a good job. If this person has to answer to all eight Legislators, what is that good for. This issue died in 1997 when Legislator Little rescinded the resolution, saying that he wanted to inform the public. She suggested public input sessions from town to town. The education was not done. She still opposes this. Wendy Reynolds said she came tonight to get an idea of the position. In reading the Local Law it states that its primary goal is to improve efficiency. She feels the Legislature is asking for the best of both worlds. She feels the department heads are the administrators of their departments. She also feels the County has good department heads and good Legislators who work hard. She suggested that the Legislators work one on one with the department heads if they are not dong their job. Casey Creamer said that the resolution states that this position shall serve at the pleasure of the Legislature. He asked how many other positions serve in that capacity other than the Clerk of the Legislature. Barb Halpin stated that the public did not have a clue as to what they were voting on during that referendum. The Legislators in office now know what is needed. If you do not like what they are doing, vote them out of office. Sometimes you need professional help, why not try it, what do you have to lose. She suggested that the Legislature find the money in the budget for this position and it if is good and effective, keep it, if not then eliminate the position. Allan White feels the County is changing the form of government. Bob Mincemoyer stated that he served on the ad hoc committee that created the job description for this position. The committee made sure it did not encroach the role of the Legislature. He feels if everything done for the County was done by the vote of the public, there would not be a need for the Legislature. Casey Creamer stated that he has been educated on the position. It is everyone=s own responsibility to attend meetings and ask questions to receive the proper information. There has been ample time over the last nine years to do so. Public Hearing adjourned at 8:22 P.M. Stacy B. Husted, Deputy Clerk Robin D. Thoman, Personal Secretary SPECIAL MEETING AUGUST 17, 1999 The Special Meeting of the Schuyler County Legislature was called to order at 8:23 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 287 Motion by Little, Second by Karius. RE: RATIFICATION OF SPECIAL MEETING CALL 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 item of business: 1. Local Law Intro. No. 3 of the Year 1999 Creating the Position of County Administrator for the County of Schuyler. VOTE: Passed 8-0. RESOLUTION NO. 288A Motion by Young, Second by Larison. SPECIAL MEETING - AUGUST 17, 1999 RE: 127 MOTION TO AMEND RESOLUTION NO. 288 TO HOLD A PUBLIC REFERENDUM - FAILED BE IT RESOLVED, that Resolution No. 288 be amended to hold a public referendum. DISCUSSION: Legislator Young said she would like to offer an amendment. She wanted the following to be added to the resolution. AWhereas, this present job description for a County administrator has been written deliberately to prevent the need for a mandatory referendum by the people by not triggering any statutory changes in the form of government nor diminishing, curtailing or impinging upon the powers of elected offices, and, Whereas, before these changes in the job description were tweaked just enough to prevent a mandatory referendum after the people voted in overwhelming majority in 1997 to prevent this office from being enacted, and Whereas, this wording does not preclude a referendum from occurring, Let us realize that the people wish to have their voices heard on this issue once again and amend this resolution to allow for a permissive referendum.@ She also added that Tioga County is going through the same thing as this County right now. Upon speaking to the Legislative Chair, there has been a $MART Review by the State Comptroller=s Office and they are doing so well that the Comptroller wants to use Tioga County as an example of sound fiscal policy. She also informed Legislator Karius that this position will cost 100% of local dollars. The four appeals for our County employees that she turned down would be at least 40-50% subsidized. VOTE: Failed. Noes: Karius, Marvel, Hastings, Little, Gifford. RESOLUTION NO. 288 Motion by Little, Second by Marvel. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 3 OF THE YEAR 1999 CREATING THE POSITION OF COUNTY ADMINISTRATOR FOR THE COUNTY OF SCHUYLER WHEREAS, a proposed Local Law Creating the Position of County Administrator for the County of Schuyler was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held August 17, 1999, and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No. 3 of the year 1999, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 3/Local Law No. 3 of the year 1999, together with the required text thereof in the official County newspaper. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 3 OF THE YEAR 1999 A Local Law to establish the Office of County Administrator for the County of Schuyler. SECTION 1. LEGISLATIVE INTENT The Schuyler County Administrator shall be appointed by the County Legislature and will serve at their pleasure. The office will function as the agent of the Legislature in supervising the daily operations of the County=s administrative matters with the primary goal of improving the general efficiency of administration as consistent with all laws, rules and regulations. To accomplish this responsibility, the County Administrator will study the current organizations of all County departments and recommend such changes in personnel, finances and structures as deemed necessary to meet this objective. Additionally, the County Administrator shall propose ongoing programs which will continue these initiatives into the future. The Schuyler County Legislature hereby declares that nothing herein shall be construed as electing an optional form of County government under the New York State Constitution, Alternative County Government Law, or any other law of this State. It is the intention of this Legislature to create and establish a position of employment in accordance with County Law Sections 204 & 400-4(a), which position shall be so regarded in every respect. SECTION 2. APPOINTMENT AND TERM OF OFFICE A. There shall be a County Administrator who shall be directly responsible to the Legislature and shall, on behalf of the Legislature, perform the functions of a chief administrative officer. The position of County Administrator shall be exempt for Civil Service purposes. B. The County Administrator shall be appointed by the Legislature and shall serve at the pleasure thereof. The 128 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE term of office for the County Administrator shall commence on the date of appointment and shall expire on December 31 of the year following appointment. Subsequent terms of office shall be for four (4) years. C. The County Administrator shall hold no other public or political office. SECTION 3. QUALIFICATIONS A. At the time of appointment, the County Administrator shall have the following minimum qualifications: 1. Bachelors Degree in Business or Public Administration and Three (3) Years of Management Experience in Public Administration. The County Administrator shall be appointed on the basis of these and such other qualifications as may be required for the responsibilities of the office. B. The appointee need not be a resident of Schuyler County at the time of appointment, but shall become so within ninety (90) days of appointment and remain so during the term of office. Failure to become a resident or remain a resident shall be cause for dismissal by the Legislature without other or further notice and without benefit of the removal provisions of the New York State Civil Service Law. SECTION 4. SALARY The County Administrator shall receive an annual salary to be fixed by the County Legislature. SECTION 5. POWERS AND DUTIES Perform all the duties now and hereafter conferred or imposed upon the office by law or directed by the Legislature and shall have all the powers and perform all the duties necessarily implied or incidental thereto. The County Administrator will provide and coordinate staff services to the County Legislature and its various committees and shall coordinate the activities of the various County departments and agencies. Among such powers and duties, but not by way of limitation, are the following: A. Description of Duties: 1. Support and Supervise All Department Heads (subject to Section 7.) The County Administrator will conduct regular meetings with all department heads in order to assure the smooth implementation of Legislative policies and procedures with a particular emphasis on the provision of consistent and fair departmental goals, objectives, staffing practice and operational procedures; will coordinate between departments in order to eliminate redundant activities or organizational overlap; will work with each department on the development of an annual plan (goals) which will then be combined into a single plan for County government submitted to the Legislature for their consideration and approval; will recommend to the Legislature, the appointment and/or dismissal of all non-elected department heads. Will develop, with each department head, an individual performance program that will serve as the basis for an annual evaluation by the County Administrator who will then recommend to the Legislature any changes to salaries or benefits as consistent with the current salary plan. B. Serve as the County=s Budget Officer Working with the various department heads and members of the Legislature, the County Administrator will formulate a draft budget plan for consideration and approval by the Legislature. It is the expectation of the Legislature that the draft budget will evidence the relationship between proposed expenditures and the County=s policy goal; will manage an appropriate set of budgetary controls which will serve as the basis for the monitoring of expenditures, reporting same to the Legislature on a regular basis; will review and approve all departmental travel requests and will oversee the disposal of obsolete equipment, materials and supplies under such rules as approved by the Legislature. C. Grants The County Administrator shall assist all department heads in the initiation and preparation of grant requests and shall recommend the disposition of each to the Legislature. In carrying out this responsibility, the Administrator shall pay particular attention to anything which will require the County to make an additional expenditure or items which will cause conflicts between the several departments or with existing Legislative policies and procedures. D. Provision of Data and Other Support Services The County Administrator shall have the responsibility of providing to the Legislature, data and analyses SPECIAL MEETING - AUGUST 17, 1999 129 which they need for policy consideration, including collective bargaining, and will sit as a member of the management team in all collective bargaining activities; will formulate data that will measure the impact of Legislative proposals and decisions on the tax base and economic development goals established by the Legislature; will aid the Legislature in evaluating proposals and make recommendations concerning same; will serve as an advisor to the Legislature in developing policies and procedures promoting economy and efficiency in government; will undertake administrative and management studies and to make recommendations regarding the results thereof to the Legislature; will maintain liaison and represent the Legislature in contact with political subdivisions, state and federal officials and agencies. E. In consultation with the Chairman of the Legislature and County Attorney, to determine what officer shall perform a duty not clearly defined or specified by law. F. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the Legislature. SECTION 6. SCOPE OF AUTHORITY Any dispute or disagreement regarding the authority of the County Administrator, the scope of the Administrator=s duties or authority, or the relationship between the County Administrator and the Chairman of the Legislature, Committee Chairman or individual Legislators shall be finally determined by the County Legislature sitting en banc. This section is specifically intended to address chain of command issues. SECTION 7. NO DIVESTITURE OF ELECTED OR APPOINTED OFFICIALS= POWER Nothing contained in this Local Law shall operate or be construed to divest or curtail the power of any elected or appointed official nor to constitute an impermissible delegation of legislative authority. Nothing herein shall alter the attorney-client relationship between the County Attorney=s Office and the Legislature in accordance with Sections 500 and 501 and the County Law; the County Attorney will report directly to the Legislature. SECTION 8. SEPARABILITY OF PROVISIONS If any clause, sentence, paragraph, subdivision, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall be been rendered. SECTION 9. CONFLICT WITH PREVIOUS LOCAL LAWS OR RESOLUTIONS In the event of a conflict or inconsistency between this Local Law and any previous Local Law or Resolution of the Board of Legislators, this Local Law shall govern. SECTION 10. EFFECTIVE DATE This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully and it has been duly filed as provided by the Municipal Home Rule Law. DISCUSSION: Legislator Larison made a statement for the record. AI dispute the need for a County administrator. We hire great people who are in charge of various departments. These are dedicated, highly motivated, conservative people who do the day to day operations of the County. These wonderful people fine tune the operation of their respective departments. They do not need a watchdog at the tune of $120,000 annual. That in my estimation breaks down as follows; $60,000 administrator, $30,000 for secretary, 30% fringe plus office and all the copiers, fax, desks, etc. I question the integrity of one who would work for us if they look at our legislative record. We have a lousy record of fair play. In February, our goal was to study an administrator position. The public expects us to keep our goals in mind. So far, this year an ad hoc committee has done a study of the duties of the administrator. There is a management salary agreement in place to address the needs of employees. This legislation will not give a positive response to employees whose rights have been trampled. We want an intelligent person to accept our word. Think about it. The appeals, much of which would have been funded by the State. The administrator is totally funded by the County. We raise approximately $60,000 for 1% of real property tax, this is 2%. I feel we need to study the needs of the County, then write the job description. I feel to pass this as it stands is insulting to the people after a 2 to 1 defeat. We have had two governmental studies, one for the health department and mental health and one for human services. This is only three departments. If we want to be more effective lets do a study of County needs. In 130 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE closing, I implore you to think about the people that elected us and not insult them.@ Legislator Hastings stated that this County is paying for services that could be done by an administrator. She hopes that the public understands and has faith in them. The Legislators would not deliberately do this to harm the County. She has worked very hard to see taxes are not increased. Legislator Karius said she did a study about taxes. This position would help us reduce taxes. Legislator Marvel feels he can speak on how a manager can help since he has served on the Village of Watkins Glen Board. The board was in rough shape so they decided to hire a manager to assist them. Gradually the Village came out of the hole and was able to start paving streets. He listed a bunch of items that have been improved. He feels this position is needed and is in support of it. Legislator Bleiler reminded everyone that Schuyler County was in that same boat about ten years ago. He feels the County has improved without a manager. He has always said that he is not opposed to the concept of an administrator. After being here for a while, there are many areas that need taxpayers money. He feels until the County can get their own salaries in line, he can not support hiring another person to share the taxpayers money. He feels there has to be a change in building up revenue. There are two million tourists who come through our County. If we raise the sales tax by 1%, one million of that will come from tourists. Legislator Larison stated that someone mentioned that the Legislature should have come to a consensus on this resolution. Most of the votes from this board are 8-0, very few that are 4-4. He feels they work well together, they just have a strong disagreement on this issue. Legislator Hastings stated that the Legislature did not do what needed to be done in the past. Someone has to pay the price sooner or later. She hears from people that the employees are not paid well. The average salary in this County is $16,000. She feels the County has worked very hard to be fair. VOTE: Passed 5-3. Noes: Bleiler, Larison, Young. PUBLIC PARTICIPATION: Barb Halpin suggested that since the resolution has passed, the Legislature should seriously look at not increasing the sales tax until this is worked out. Carl Langfield said he supports those Legislators who have done a good job. He then shook the hand of all three Legislators who voted no on the resolution. Sue Brill stated that if the average employee makes $16,000, she is below average and has been with the County for a great number of years. The meeting adjourned at 8:56 P.M. Stacy B. Husted, Deputy Clerk Robin D. Thoman, Personal Secretary REGULAR MEETING SEPTEMBER 13, 1999 The Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Acting Chairman Hastings. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislators Gifford and Larison who were excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Tom Ryan asked about Resolution No. 310 and the purpose of the grant. He feels the County already has storage plants. Acting Chairman Hastings explained that this grant application is for a salt storage facility to store salt used for the roads. Mr. Ryan feels there is not enough explanation in the resolution. PUBLIC HEARING AT 7:00 P.M. ON A PROPOSED RESOLUTION TO INCREASE THE SALES TAX: Fred Yahn asked the Legislature where the County currently stood on the sales tax Resolution. Acting Chairman Hastings explained that it has passed through the State and now this Legislature needs to approve it. Legislator Bleiler will be setting a date for a special meeting to vote on that Resolution. Legislator Bleiler stated that REGULAR MEETING - SEPTEMBER 13, 1999 131 the public hearing tonight is to hear from the public only. He will propose that a special meeting to vote on this issue be scheduled for next week at 6:30 p.m.. Fred Yahn asked when the proposed increase would take effect. Legislator Bleiler said it would take effect December 1, 1999. He would like to see tonight=s questions answered before next week=s vote. Casey Creamer stated that no one likes higher taxes. He assumes the County wants to raise the sales tax because of a need to increase revenue. He would like that answered, is there a need to increase revenue? He feels the County has other alternatives to raise revenues, such as raising property tax, or implementing an income tax. He can not imagine a 1% sales tax increase driving anyone=s business away. He feels that if the only thing keeping customers in Schuyler County is the 1% difference, then they are not worth keeping as a customer. Angie Franzese referred to a statement made earlier about the Sales Tax Resolution being tabled because all Legislators were not present to vote on this issue. She agrees with that concept, and noted that all Legislators were not present tonight to hear from the public either. She asked if there will be another public hearing to hear from the public. Acting Chairman Hastings said there will not be another public hearing, the minutes from this hearing will be shared with those unable to attend tonight. Legislator Bleiler stated that the Resolution is also being tabled to allow research that needs to be done and have questions answered. Tom Ryan asked if and where this public hearing was advertised. The Clerk informed him that it was advertised in The Watkins Review & Express on September 1 & 8, 1999 and the Hi-Lites on September 6, 1999. Jean Hubsch said she is in favor of raising the sales tax, and hopes the County continues to recruit new businesses. Jim Kurtz handed out a comparison on sales tax versus property tax increases. His examples were based on homeowner expenses and car purchases. He is in favor of raising property tax instead of sales tax. He feels over a period of time, expenses add up and sales tax will cost the taxpayers more than the property tax depending on their property assessment. He noted that he was speaking on behalf of some businesses in Montour Falls. He feels the sales tax is not a stable revenue, there are too many variables. If the sales tax does not meet expectations, the Legislature would then have to raise property tax. He added that for every customer he loses, the County will lose that sales tax. Bill Elkins spoke on behalf of the County grange. They are in favor of this resolution being adopted to increase the sales tax because property tax is a burden on farm owners. He had the privilege to speak when the first sales tax was adopted many years ago. He feels the sales tax increase would not be a burden to business owners. The real property tax is too high in this County. He would like to see what can be done to take the burden off the property owners. Len Ferris from Hector said he is not going to speak for or against the sales tax increase. There is a lot of tourism in Schuyler County and a lot of tourists helping us if this is passed. Bob Harrison said he is sympathetic for the local merchants, it might have some impact on their business. He feels there is no control with property tax since the Legislature makes that decision, however, people can control the use of sales tax. George Eisman said he owns lodging property and already charges 9% to his customers. He generally gives them a discount, but will not be able to if the taxes go to 10%. He feels it will hurt his business. Every time he raises his rates, he loses customers. If the sales tax does not come through, the County will have to find money in other places. Tourists spend money here, he would like to see a tourism tax instead. Casey Creamer suggested instead of sales tax, charge a property income tax. Don Spacchio said he could go along with the increase if Chemung County does the same thing. He feels the County is just pushing people to shop in Chemung County. Bill Elkins said there has been talk about losing businesses tonight, what about the farms Schuyler County has lost. He asked how much money a 1% increase on sales tax would generate. He guesses about $1 million. He also asked how much money would $1 per thousand added to real property tax bring in? The Treasurer said she could add some light to some of the questions. A 1% increase in the sales tax equates to approximately $1,239,271, shared with towns and villages. The result is an increase of income of $120,719 to the County, and $443,690 to the 132 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE towns and villages. To raise $800,000 by the tax levy would mean a 13.68% increase in property taxes. Angie Franzese asked if the $250,000 increase in sales tax budgeted for 1999 was based on this sales tax resolution passing? She recalls discussions that if this increase in sales tax was passed then the sales tax revenue could be increased. She asked if any Legislators feel obligated to meeting this budget figure? In order to maintain a level budget, the same level of sales tax will have to be budgeted. She is concerned about using revenues to keep taxes down without cutting expenses, and the County=s ability to maintain its fund balance. George Eisman feels this proposed increase unfairly impacts certain businesses, especially because of the already-existing room tax. He tries to shop locally to support the community and local prices are already high. An increase in the sales tax will send folks shopping elsewhere. The Public Hearing adjourned at 7:58 p.m. RESOLUTION NO. 289 Motion by Little, Second by Bleiler. RE: APPROVE MINUTES OF THE AUGUST 9, 1999 REGULAR MEETING, THE AUGUST 13, 1999, AUGUST 16, 1999 AND AUGUST 17, 1999 SPECIAL MEETINGS AND THE AUGUST 17, 1999 PUBLIC HEARING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 9, 1999 Regular Meeting, the August 13, 1999, August 16, 1999 and August 17, 1999 Special Meetings and the August 17, 1999 Public Hearing of the Schuyler County Legislature be approved. VOTE: Passed 6-0. RESOLUTION NO. 290 Motion by Little, Second by Marvel. RE: APPLICATION FOR EXTENSION OF PINS WRAP-AROUND GRANT AND AUTHORIZE THE CHAIRMAN TO SIGN - PROBATION WHEREAS, Resolution No. 155-97 authorized a grant application for a program that deals with at-risk PINS Youth and to accept funding (PINS wrap-around funds - Byrne federal monies), and WHEREAS, Resolution No. 81-98 authorized an extension of this grant with an additional $6,667 being allocated (including $1,667 cash match), and WHEREAS, the New York State Division of Criminal Justice Services (DCJS) has now advised the Probation Department that the remaining funds can continue to be expended to the end of 1999, and WHEREAS, a grant extension to 12/31/1999 has been offered by DCJS to the County of Schuyler, and WHEREAS, the Public Safety/Criminal Justice Committee of the Schuyler County Legislature has reviewed said extension and has approved the extension of said grant to 12/31/1999. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to sign the aforementioned Grant Extension, subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 291 Motion by Little, Second by Marvel. RE: ANNUAL UPDATE OF THE PINS DIVERSION PLAN WHEREAS, Schuyler County previously applied for and received approval for the operation of the PINS Diversion Program under the mandatory PINS Diversion Law during 1987 and updated annually since then, and WHEREAS, this matter has been discussed by members of the Public Safety/Criminal Justice Committee of the Schuyler County Legislature, and the recommendation of that Committee is that the PINS Diversion Planning Committee for the PINS Plan submit the required annual update. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the Update of the Plan on behalf of the County of Schuyler as well as any contract or agreement made a part of the Plan; subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the PINS Diversion Planning Committee be authorized to submit said Plan to the State of New York, and BE IT FURTHER RESOLVED, that the previously appointed members of the PINS Diversion Planning and Assessment Committees continue to serve in that capacity. VOTE: Passed 6-0. RESOLUTION NO. 292 Motion by Little, Second by Marvel. REGULAR MEETING - SEPTEMBER 13, 1999 RE: 133 APPROVAL OF JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) AND AUTHORIZE THE CHAIRMAN TO SIGN - PROBATION WHEREAS, this Legislature has authorized the Schuyler County Probation Department to apply for and accept grant funds dealing with the juvenile population, making said segment accountable for their actions, and WHEREAS, the proposed contract and its appendices have now been received from the New York State Division of Criminal Justice Services, and WHEREAS, the provisions of said contract and its appendices appear to be in order and pursuant to the application for funds as submitted by the planning committee and approved by the Public Safety/Criminal Justice Committee. NOW, THEREFORE, BE IT RESOLVED, that the JAIBG Contract be accepted and that the Chairman of the Schuyler County Legislature be authorized to sign a contract with the New York State Department of Criminal Justice Services for a grant in the amount of $16,885 for the term 9/1/99-8/31/2000, subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 293 Motion by Marvel, Second by Karius. RE: AUTHORIZE OUT OF STATE TRAVEL - SHERIFF=S DEPARTMENT WHEREAS, monies are available through the First Step-Catholic Charities Program to train Deputy Sheriffs in combating domestic violence, and WHEREAS, this specialized training is being conducted in Clearwater, Florida, and WHEREAS, the Schuyler County Sheriff=s Department has an agreement with First Step Victim Services to provide officers to be trained on domestic violence, abuse issues, and WHEREAS, all expenses incurred in this training will be paid by First Step. NOW, THEREFORE, BE IT RESOLVED, that permission is granted for Deputy Bacon and Deputy Maloney to attend this specialized training on September 20- 22, 1999 in Clearwater, Florida at no cost to the County. VOTE: Passed 6-0. RESOLUTION NO. 294 Motion by Marvel, Second by Karius. RE: AUTHORIZE ACCEPTANCE OF GRANT FOR PURCHASE OF DEFIBRILLATORS - SHERIFF=S DEPARTMENT WHEREAS, statistics have shown that receiving medical care during the first minutes that a person experiences a heart attack can save the person=s life, and WHEREAS, in a rural area it is often difficult for medical care to arrive during this critical period. NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler/Sheriff=s Department be authorized to accept a $10,000 grant from the New York State Division of Criminal Justice Services through the help of Assemblyman Bacalles and Senator Kuhl, for the purchase of defibrillators for Sheriff=s patrol vehicles. Said grant having no local matching funds, and BE IT FURTHER RESOLVED, that the equipment will not be placed in service until appropriate training requirements have been met, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign and accept the aforementioned grant; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 295 Motion by Marvel, Second by Karius. RE: AUTHORIZE TRANSFER OF FUNDS FOR PERMANENT IMPROVEMENTS - HIGHWAY WHEREAS, the Bridges account number 5120.569-Reconstruction County Route 6, was bid lower than what was estimated leaving $36,798 in excess, and WHEREAS, the Permanent Improvement for County Route 16, account number 5112.342 was over by $58,854.90. 134 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $36,798 from Bridges account no. 5120.569 to Permanent Improvements account no. 5112.342. DISCUSSION: Legislator Young asked why the amount being transferred did not equal the amount of the overage. The Treasurer explained that the Highway Superintendent will be transferring the remaining needed funds within the same group number which does not require a Resolution. VOTE: Passed 6-0. RESOLUTION NO. 296 Motion by Little, Second by Karius. RE: AMEND RESOLUTION NO. 165-99 - DECLARE EQUIPMENT SURPLUS - HIGHWAY DEPARTMENT/AUTHORIZE SALE TO TOWN OF HECTOR WHEREAS, Resolution No. 165-99 stated that One (1) 1975 Brockway truck tractor be declared surplus pursuant to County Law Section 215 and that this item be included in the 1999 Schuyler County auction, and WHEREAS, the Highway Superintendent was approached by the Town of Hector who wished to purchase the truck for the amount of $500. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 165-99 be amended to remove the One (1) Brockway truck tractor S/N 86496 listed in the Resolution, and BE IT FURTHER RESOLVED, that the item be sold to the Town of Hector for the sum of $500. VOTE: Passed 6-0. RESOLUTION NO. 297 Motion by Little, Second by Karius. RE: AUTHORIZE RENEWAL CONTRACT WITH ALL-MODE COMMUNICATIONS FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE - BUILDINGS AND GROUNDS WHEREAS, it is important to protect the telephone system investment with appropriate service and maintenance, and All-Mode Communications, Inc. has provided this service in the past, and WHEREAS, the term of the contract has changed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract between Schuyler County and All-Mode Communications, Inc., for the period of January 1, 2000 through December 31, 2000 with a maintenance cost of $600 per month, subject to approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 298 Motion by Little, Second by Karius. RE: AUTHORIZE ADVERTISING FOR BIDS FOR REPLACEMENT WINDOWS AT RURAL URBAN CENTER (RUC) - BUILDINGS AND GROUNDS WHEREAS, the windows at the Rural Urban Center are in need of replacement, and WHEREAS, funding is available from the capital project bonding that was approved by Resolution 221-98. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to advertise for bids for replacement windows at the Rural Urban Center, with bid specifications available through the Schuyler County Buildings and Grounds office, and BE IT FURTHER RESOLVED, that bids will be received at the Schuyler County Legislative Office, 105 Ninth Street, Watkins Glen, NY 14891. Bids will be opened and reviewed by the Public Works Committee at a later date to be determined. The County of Schuyler reserves the right to reject any and all bids. VOTE: Passed 6-0. RESOLUTION NO. 299 Motion by Karius, Second by Young. RE: APPOINTMENT - CORNING COMMUNITY COLLEGE BOARD OF DIRECTORS WHEREAS, the term for the County=s appointee to the Corning Community College Board of Directors expired June 30, 1999. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby re-appoints William Ellison to the Corning Community College Board of Directors for the term July 1, 1999 through June 30, 2008. VOTE: Passed 6-0. RESOLUTION NO. 300 Motion by Karius, Second by Young. REGULAR MEETING - SEPTEMBER 13, 1999 RE: 135 AUTHORIZE PURCHASE OF A NEW DESKJET PRINTER - COUNTY ATTORNEY WHEREAS, the Assistant County Attorney_s 1995 HP Deskjet Printer has severely malfunctioned for the second time, and WHEREAS, the printer is out of warranty and the cost of repairs is impracticable, and WHEREAS, the County Attorney_s Office has $50.00 available to apply toward the cost of a new printer that can be purchased by the County_s Purchasing Agent for approximately $275.00, leaving a balance of $225.00 to be taken from the County_s Contingency Fund. NOW, THEREFORE, BE IT RESOLVED, that the County Attorney_s Office be authorized to purchase a new printer through the County_s Purchasing Agent and that the Treasurer therefor transfer the sum of $225.00 from Contingency account no. 1990.5 to the County Attorney_s equipment account no. 1420.246. VOTE: Passed 6-0. RESOLUTION NO. 301 Motion by Karius, Second by Young. RE: AUTHORIZE FUNDS IN THE AMOUNT NOT TO EXCEED $2,000 TO PAY FOR EXPERT WITNESS IN COURT CASES - COUNTY ATTORNEY WHEREAS, the County Attorney_s Office is the presenting agency for almost all crimes committed by juveniles, and WHEREAS, certain severe felony cases require psychiatric and/or psychological testing, evaluation and diagnostic or forensic work-ups, and WHEREAS, local Mental Health resources should not be employed in this adversarial role but rather reserved for treatment, and WHEREAS, it has been necessary to pursue court-ordered evaluations in two (2) current court cases and it is estimated the fees for said services will be between $1,700 and $2,000, and WHEREAS, the County Attorney_s Office has no funds for such expenses, and WHEREAS, Medicaid will not cover these costs. NOW, THEREFORE, BE IT RESOLVED, that upon submission of certified vouchers therefor, the County Treasurer shall transfer the vouchered sum of money, not to exceed $2,000, from Judgements and Claims account no. 1930.400 to County Attorney_s account no. 1420.435 to be used as payment for the purposes above-stated. VOTE: Passed 6-0. RESOLUTION NO. 302 Motion by Karius, Second by Little. RE: AUTHORIZE CONTRACT WITH VILLAGE OF MONTOUR FALLS FOR RECORDS MANAGEMENT SERVICES WHEREAS, the Village of Montour Falls wishes to contract with the County of Schuyler for Records Management Services to maintain their records system already in place, and WHEREAS, this service will be provided for the amount of $200 for a total of 35 hours. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign a contract with the Village of Montour Falls for Records Management Services in the amount of $200 for the term September 13, 1999 through December 31, 1999: subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 303 Motion by Karius, Second by Little. RE: AUTHORIZE CONTRACT WITH TOWN OF DIX FOR RECORDS MANAGEMENT SERVICES WHEREAS, the Town of Dix wishes to contract with the County of Schuyler for Records Management Services to maintain their records system already in place, and WHEREAS, this service will be provided for the amount of $200 for a total of 35 hours. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign a contract with the Town of Dix for Records Management Services in the amount of $200 for the term September 13, 1999 through December 31, 1999: subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. 136 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WITHDRAWN RE: APPOINTMENT TO HEALTH SERVICES ADVISORY COMMITTEE AND PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH WHEREAS, a vacancy exists on the Professional Advisory and Health Services Committees, due to the departure of Richard Bills, District Director of the New York State Department of Health, and WHEREAS, his position as District Director has been filled by Tomas Klaseus. NOW, THEREFORE, BE IT RESOLVED, that this Legislature appoints Tomas Klaseus to the Professional Advisory Committee with the term ending December 31, 1999 and the Health Services Advisory Committee with the term ending December 31, 2003, effective immediately. RESOLUTION NO. 304 Motion by Karius, Second by Little. RE: AUTHORIZE TRANSFER OF FUNDS FOR COMPUTER SOFTWARE AND SUBCONTRACTS PUBLIC HEALTH WHEREAS, funding is needed for additional computer software and subcontracts in the Public Health Agency. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds as follows: AMOUNT FROM ACCOUNT TO ACCOUNT $ 560.02 4050.200 4010.278 $ 7,962.00 4050.208 4010.278 $ 700.00 4050.246 4010.278 Total $ 9,222.02 $70,000.00 4010.100 4010.490 $ 6,724.00 4050.100 4010.490 $ 8,000.00 4042.358 4010.490 $ 1,000.00 4042.380 4010.490 $ 1,000.00 4042.429 4010.490 Total $86,724.00 VOTE: Passed 6-0. RESOLUTION NO. 305 Motion by Karius, Second by Little. RE: AUTHORIZE A CONTRACT RENEWAL WITH SCHUYLER HOSPITAL FOR HOME HEALTH CARE SERVICES WHEREAS, the Schuyler County Public Health Agency contracts with Schuyler Hospital to provide Home Health Care Services. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Schuyler Hospital to provide services from 1/1/99 through 12/31/99 with no change in rate; subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 306 Motion by Karius, Second by Little. RE: AUTHORIZE CONTRACT WITH BOLDER COMPUTER SOLUTIONS FOR COMPUTER SERVICES PUBLIC HEALTH/MENTAL HEALTH WHEREAS, Schuyler County has an agreement with C. J. Robinson & Associates, Inc. for computer network services for its Public Health/Mental Health Departments, and WHEREAS, it is desirable to discontinue this contract and funding is available to continue network services. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Chairman of the Legislature and the Director of Community Services/Public Health to execute an agreement with Dennis Pierce of Bolder Computer Solutions for computer services effective August 31, 1999 through December 31, 1999 in an amount not REGULAR MEETING - SEPTEMBER 13, 1999 137 to exceed $3,000, funding available in the 1999 budget, subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 307 Motion by Marvel, Second by Little. RE: AUTHORIZE CONTINUATION OF ADDITION TO MILL CREEK CENTER - PUBLIC HEALTH WHEREAS, the Schuyler County Legislature has requested exploration of the feasibility of an addition to Mill Creek Center for purposes of housing the Public Health/Home Health and Watershed Protection Agencies, and WHEREAS, subsequent work done by Hunt Engineers has resulted in a design and cost estimates for such construction, which were presented to the Health Services Committee on July 16, 1999 and to the Legislative Resolution Review Committee on August 3, 1999, and WHEREAS, the Bond Issuer for Mill Creek Center has indicated support for such a project, along with additional financing necessary, and WHEREAS, the New York Office of Mental Health and Department of Health are processing required approvals, and WHEREAS, the Director of Public Health/Community Services has prepared budget information supporting the fact that this project can be undertaken and funded through increased reimbursement and departmental revenues, and WHEREAS, it is desirable to proceed with this project in a timely fashion. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the Director of Public Health/Community Services and the Community Services Board to proceed with necessary arrangements, lease revisions, legal representation and all activities necessary relative to the addition to Mill Creek Center. VOTE: Passed 6-0. RESOLUTION NO. 308A Motion by Bleiler, Second by Little. RE: MOTION TO AMEND RESOLUTION NO. 308 BE IT RESOLVED, that Resolution No. 308 be amended to change the amount to be transferred from Contingency account from $5,000 to $2,000. DISCUSSION: Legislator Bleiler stated that this issue was discussed in committee. It was pointed out that the cost of advertising is expensive, however, $5,000 is not necessary, it could be lowered to $2,000. VOTE: Passed 5-1. No: Young. RESOLUTION NO. 308 Motion by Marvel, Second by Little. RE: AUTHORIZE PERSONNEL OFFICER TO ADVERTISE FOR THE POSITION OF COUNTY ADMINISTRATOR - AS AMENDED WHEREAS, the Schuyler County Legislature has adopted Local Law No. 3 of the year 1999 Creating the Position of County Administrator for the County of Schuyler, and WHEREAS, the Legislature wishes to advertise in a timely manner and to pay for the advertising from Contingency Account no. 1990.500 in an amount not to exceed $2,000, and WHEREAS, the interviews will be arranged by the Personnel Officer and they will be conducted by the Management & Finance Committee members, the Chairman of the Legislature, the Personnel Officer as an exofficio member and two advisory, non-voting members of the public, Charles Fausold and Nicholas Paradiso, and WHEREAS, the named members will choose a minimum number of candidates to present to the full Legislature for recommendation, and WHEREAS, the Personnel Officer will create a duties statement, taken from the text of the Local Law, for said position in Grade Level L of the Management/Confidential Salary Plan and will be hiring between the minimum range of $52,800 and mid range of $60,500 of that grade. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve the advertising and filling of the position of County Administrator, and BE IT FURTHER RESOLVED, that upon submission of certified vouchers therefor, the County Treasurer shall transfer the vouchered sum of money, not to exceed $2,000, from Contingency account no. 1990.5 to County Administrator account no. 1230.402 to be used as payment for the purposes above-stated. 138 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE VOTE: Passed 5-1. No: Young. RESOLUTION NO. 309A Motion by Little, Second by Karius. RE: MOTION TO TABLE RESOLUTION NO. 309 BE IT RESOLVED, that Resolution No. 309 be tabled for one month. DISCUSSION: Legislator Little said he would like to table this Resolution due to the fact that it should have an unanimous vote and there are two Legislators missing tonight. VOTE: Passed 6-0. RESOLUTION NO. 309 Motion by Marvel, Second by Little. RE: MODIFICATION OF COUNTY LEGISLATURE=S RULES OF PROCEDURE - TABLED WHEREAS, notice of modification of Rules 21, 22 and 25 was given in accordance with Rule 29. NOW, THEREFORE, BE IT RESOLVED, that the County Legislature=s Rules of Procedure be modified effective immediately, as follows: NEW RULE 22 - AGENERAL FUNCTION OF COMMITTEES@ All committees shall aid in the performance of the powers and duties of the Legislature. GENERAL EXERCISE OF JURISDICTION. Committees shall familiarize themselves with the subject matter over which jurisdiction has been conferred by the Rules of Procedure. Committees having an office or function overseen by them shall report any neglect of duty or failure to comply with rules and directions of the Legislature, to the full Legislature. They shall render advice and counsel on matters deemed helpful in the performance of the duties of the office or function. Although the Legislature shall always be open for County officers and employees upon any matter involving the office or function, the committee shall represent them before the Legislature and so far as practical, every County officer and employee shall look to the committee for that representation. Criticism and recommendations of State departments or other official bodies shall be considered with the department head or officer. Matters referred to a special committee shall be promptly considered and a report made thereon as soon as practical. Committees shall have general charge of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as special duties therefor. Each Committee shall supervise and have charge of appropriated expenditures. Any necessary transfer of funds within the same group of accounts (i.e. personal or equipment or contractual) shall be handled through a written memorandum from the Department Head to the County Treasurer with a copy to the respective Committee Chairperson. The Department Head shall be responsible for notification of transfers prior to voucher submittal. Any other unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the Management and Finance Committee. The Management and Finance Committee shall, following financial review with the Treasurer's Office, make a final recommendation to the Legislature on such unappropriated expenditure. A department's request for unappropriated funds shall contain a reasonable estimate in writing for such expenditure. Any resolution approving an unappropriated expenditure shall contain the funding source (Res. No. 97-1983). The Chairperson of each committee shall have the responsibility: $ to delegate particular matters of committee interest to the members of his/her committee, when deemed necessary for the better performance of duties; $ to designate one or more members to attend meetings with other committees, boards, or other groups, whenever the matter being considered comes within the jurisdiction of his/her committee; $ subject to the approval of the Chairperson of the Legislature, to authorize all or any part of his/her committee to attend a conference or school conducted for the betterment of County government, and $ to require such reports and information from the members of his/her committee as he deems necessary. MEETINGS OF COMMITTEES GENERALLY. The Chairperson of the committee may call meetings of the committee at such times and places as deemed convenient. Committee meetings may also be called by either the Chairman of the County Legislature or by the filing of a petition by a majority of the members of the Committee with the Clerk of the Legislature. Notice for regularly called meetings (i.e. those scheduled at lease one week prior thereto) require the usual 72 hour posting; urgent or emergency meetings may have lesser notice in accordance with REGULAR MEETING - SEPTEMBER 13, 1999 139 Public Officers Law Section 104, Subd. 2). Upon request of any member of the committee, any County officer or employee shall attend and furnish any information pertinent to his/her office or employment unless the absence is excusable. No advance notice need be required when a Committee meeting is held during or immediately following the time the Legislature is in session. The first member designated on each Committee shall be the Chairman thereof. In the absence of the Chairman of the Committee, members of the Committee shall succeed to the temporary Chairmanship in the order in which their names are printed upon their appointment to such Committee. A majority must be present to act. Meetings are open to the public or to County officers and employees. The Chairperson shall determine the order of business, and, taking into consideration the number of persons desiring to speak and the importance of the subject matter, time may be allotted commensurate with the invitation to appear and be heard. Minutes shall be taken at all committee meetings and shall consist of a list of all those attending and a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. The minutes shall be filed in the office of the Clerk of the Legislature, and shall be available to the public under the provisions of the Public Officers Law of the State of New York. ADVICE AND COUNSEL OF CITIZENS AND ORGANIZATIONS. Each committee is empowered to seek the advice and counsel of citizens and organizations in making a study of any subject matter. Such persons or representatives of organizations shall not be members of the committee nor have any voting power. Authority to pay any such person or organization for services must be granted by resolution of the Legislature. Committee Chairmen may create sub-committees as set forth in Rule 24 of these Rules. No Committee meeting shall be adjourned until announced by the Chairman of the Committee or upon a vote of the majority of the members present. Action on any matter lawfully before any Committee shall be taken only while a quorum of said Committee is present and in session. A Committee quorum shall be defined as a majority of the total committee membership. Passage of any resolution or other action by a committee shall require a committee quorum vote in agreement. Any vacancy on a Standing or Special Committee of the Legislature shall be filled by the Chairman of the Legislature without delay. In case of temporary vacancies due to medical reasons, etc. where a Legislator is unable to participate in Committee meetings for a period of two months or more, the Chairman of the Legislature may appoint a substitute member to sit on said Committee with full voting powers. The Committee Chairman must report to the Chairman of the County Legislature all situations where a Legislator's attendance falls below 50%. Committee absences shall be noted in minutes as excused or unexcused. Excused absences shall be defined as per Rule #5. The Chairman of the Legislature is to discuss the situation with the Legislator and determine whether or not removal from such committee and replacement thereon is necessary, subject to approval by the entire Legislature. Committees shall meet with department heads on a regular basis, and at least quarterly, for discussion of department objectives and/or problems. All Committee meetings of the Schuyler County Legislature shall be open to the public and press, except those portions held in Executive Session pursuant to the Open Meetings Law. The Chairman of the Schuyler County Legislature shall be ex-officio member of and shall have the right to attend all Committee meetings of all Committees appointed or created by the County Legislature. The Chairman shall be counted in the quorum and be a voting member of such Committee in the case of the absence of a Committee member. The Chairman shall not be a regular Committee member. NEW RULE 25 - STANDING COMMITTEES@ STANDING COMMITTEES The following is a list of the standing committees of this Legislature together with a description of the areas of responsibility with which each is charged. These committees and their responsibilities are subject to change by resolution of this Legislature. MANAGEMENT AND FINANCE COMMITTEE 140 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: 1. Clerk of the Legislature: Including all matters relating to the duties and powers of the Clerk of the Legislature, in accordance with Section 475 of the County Law, and all other duties as prescribed by the Legislature. 2. County Auditor: Including all matters relating to the office of County Auditor in accordance with Section 600 of the County Law. 3. County Treasurer: Including all matters relating to the powers and duties of the County Treasurer as chief fiscal officer in accordance with Section 550 of the County Law, and in any fiduciary capacity. 4. Insurance: Including all matters relating to the procurement of all insurance for County purposes, and recommendations to the County Legislature with relation to the amount of official undertakings and the approval thereof, when the amount is fixed by the County Legislature. 5. Civil Service and Personnel: Personnel administration and policy, including reviewing requests for new positions, setting salary grades, all upgrades, position reclassifications, fringe benefits administration, and Affirmative Action programs and policy, disciplinary procedures pursuant to Section 75 of the Civil Service Law, union contract administration and negotiation, and including all matters pertaining to the County's administration of the New York State Civil Service Law. 6. Purchasing and Fixed Assets: In accordance with Section 625 of County Law, all matters relating to the organization, coordination, and implementation of a uniform system of inventory control and purchasing within the County Departments, agencies, boards, commissions, and administrative units. Organization, coordination and implementation of accurate physical inventories and fixed asset records. 7. County Historian: Including all matters related to the powers and duties of the County Historian. 8. Budget Officer: Including all matters related to the powers and duties of the Budget Officer. 9. Fringe Benefits: Including all matters related to the procurement of the County=s health insurance, disability insurance, worker=s compensation insurance, retirement plan, flexible spending plan, deferred compensation plan, and recommendations to the County Legislature with relation to the amount of official undertakings and the approval thereof, when the amount is fixed by the County Legislature. The Management and Finance Committee shall: 1. consider office and departmental estimates and make recommendation to this County Legislature of a tentative Budget for the ensuing fiscal year, including estimated expenditures and revenues, according to object and purpose. 2. consider and make recommendations to this County Legislature on all applications for additional appropriations, and transfer of funds when authorization is required by the County Legislature. 3. represent this County Legislature in all matters or meetings relating to unpaid taxes, tax sales, collection, and recommendations regarding the disposition thereof, in which the County Treasurer, or the Clerk of this County Legislature, or this County Legislature, may have a duty or power to perform, with the exception of the refund of erroneous taxes. 4. make recommendations to this County Legislature with relation to redemptions, compromises, sales, leases, repair, fencing, or other disposition of County-owned property by virtue of tax sale. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Association for the Visually Impaired Arts of the Southern Finger Lakes Southern Tier Library Association GOVERNMENTAL OPERATIONS COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all REGULAR MEETING - SEPTEMBER 13, 1999 141 matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: 1. County Attorney=s Office: In accordance with Sections 500 and 501 of County Law, all matters relating to the duties and powers of the County Attorney, including all matters pertaining to County legal actions, lawsuits, damages' claims, or other legal representation of the County. 2. County Clerk=s Office: Including all matters pertaining to the constitutional responsibilities of the Clerk as registrar and the duties of the Clerk as agent of the New York State Department of Motor Vehicles. 3. Central Data Processing: Including all matters relating to the study, organization, promotion, coordination, purchase or lease of EDP equipment or systems, and development of the County's electronic data processing system for all of the County's Departments, agencies, or administrative units. 4. Election Commissioners: Including all matters relating to the Election Commissioners and County responsibilities under the Election Law. 5. Real Property Tax Service Agency: Including all matters relating to the equalization of tax rates for purposes of levying County taxes; representation of the County in all meetings and conferences with local assessors or individuals; and preparation of the assessment and tax rolls. 6. Records Management: Including all matters relating to the County's Records Management Program which is overseen by the Legislative Office, including the establishment, organization and oversight of the records retention storage places, contracts for records management, procedures or rules which may be necessary for implementation of a comprehensive Records Management Program, and activities of the Records Management Advisory Board. 7. Community Colleges: Including all matters relating to the Community College program. COMMUNITY DEVELOPMENT AND NATURAL RESOURCES COMMITTEE Oversight, representation, and as appropriate, recommendations to the County Legislature regarding all matters pertaining to the activities, programs or other matters related to the offices, departments, agencies or programs listed below, including those specifically identified as follows: 1. Agriculture: Including all matters related to the Cooperative Extension Association and Board of Directors, and Soil & Water Conservation District and Board of Directors. 2. Planning: Including all matters relating to the promotion of community development, environmental management, efficiency of public service, cooperation with all Town, Village and County Planning Boards or Commissions, in relation to local development and preparation of plans, and assisting other Committees of the County Legislature in gathering data, conducting research, and preparing reports and analyses. 3. Publicity: Including all matters relating to the contractual arrangements with Southern Tier Central Regional Planning and Development (STCRP & D) Board, Southern Tier Hospice, Finger Lakes Health Systems Agency for Community Health Planning, and the Schuyler County Historical Society. 4. Transportation: Including all matters relating to public transportation, specifically in regards to the agreement with Chemung County for said services. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Agricultural and Farmland Protection Board Chamber of Commerce Environmental Management Council Forest Practice Board Schuyler County Industrial Development Agency Schuyler County Partnership for Economic Development PUBLIC WORKS COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of 142 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: 1. Buildings & Grounds: Including all matters relating to the maintenance and repair of County buildings and grounds, including allocation of space, supervision of the construction, reconstruction or remodeling of County buildings, and issues involving Seneca Harbor Park, the fishing pier and breakwater, involvement with all land and building acquisitions, proposals or development. Responsibilities include areas specific grant writing and application, specifications development and site plan reviews. 2. Weights & Measures: Including all matters relating to the duties and powers of the County Sealer of Weights and Measures. 3. Highway: Including inspection, construction, reconstruction, maintenance, and general supervision of the County roads and bridges, including certain Town bridges, as well as all matters pertaining to the duties, powers, and responsibilities of the County Superintendent of Highways. Additional responsibilities related to infrastructure development, grant writing and application, maintenance of all State and Federal reimbursement programs. HEALTH SERVICES COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regard to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records or accounts, or other matters related to the offices, departments, agencies, or programs listed below, including those specifically identified as follows: 1. Public Health: Including all matters pertaining to the Public Health and Home Health Program and Clinics, the Physically Handicapped Childrens' Program, Education of Handicapped Children, Rabies, Early Intervention Program and Watershed. 2. Mental Health: Including all matters pertaining to the Mental Health Clinic and the Mental Health contract agencies. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Health Services Advisory Board Professional Advisory Board Community Services Board Mental Health Subcommittee Mental Retardation/Developmental Disabilities Subcommittee Alcoholism and Substance Abuse Subcommittee HUMAN SERVICES COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regards to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records and accounts or other matters relating to the offices, departments, agencies or programs listed below, including those specifically identified as follows: 1. Social Services: Including all matters relating to the duties, powers, and responsibilities of the County Commissioner of Social Services, in the administration of public assistance and care, or other matters which relate specifically to the administration of the County's Social Services Programs. 2. Veterans' Services: Including all matters relating to the duties and power of the County Veterans' Service Director or officer in accordance with Section 800 of County Law, claims for soldiers' burial and headstones, and representation of the County Legislature in all matters pertaining to veterans or veterans' affairs. 3. Youth Bureau: Including all matters relating to the administration of the Schuyler County Youth Bureau, and Programs. 4. Office for the Aging: Including all matters relating to the County-sponsored programs and services for senior citizens, including fiscal and programmatic planning, outreach, information and referral; administration, coordination, and monitoring of contracts for legal, nutrition, home and health care, REGULAR MEETING - SEPTEMBER 13, 1999 143 transportation, HEAP, etc; and representation of the County Legislature in all matters pertaining to services for senior citizens provided through the Office for the Aging. Representation, oversight, and recommendations to the County Legislature as appropriate, on matters pertaining to the following Boards, Commissions, or agencies: Child Care Coordinating Council Office for the Aging Advisory Council RSVP Advisory Council Social Ministry (Food Bank) STCRP & D Human Services Committee Youth Board PUBLIC SAFETY AND CRIMINAL JUSTICE COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regards to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records and accounts, or other matters relating to the offices, departments, agencies or programs listed below, including those specifically identified as follows: 1. Emergency Management: Including all matters relating to civil defense, catastrophe, natural disaster and other emergencies under the direction of the Governor or the State Director of Emergency Management, including the powers and duties of the local County Office of Emergency Management. Also including all matters relating to the Schuyler County Fire Advisory Board, fire training schools, mutual fire aid plans and programs, and the Enhanced 911 Program. Also including all matters relating to the NYS Fire Prevention and Building code as pertains to all County owned buildings, construction and remodeling. Also including all matter related to hazardous materials and the Emergency Medical System (EMS). 2. District Attorney: Including all matters relating to the powers, duties and responsibilities or offices of the District Attorney. 3. Probation: Including all matters relating to the powers, duties and offices of any and all Probation staff. 4. Sheriff: Including all matters relating to the Sheriff, Undersheriff, Jail, Deputies, Correction Officers, Court Attendants, and all other personnel; matters concerning the Jail, maintenance of prisoners, navigation and animal control. 5. Public Defender and Assigned Counsel: Including all matters relating to the duties and powers of the Public Defender, in accordance with Sections 716 and 717 of County Law. 6. Coroners: Including all matters relating to the duties and powers of Coroners, in accordance with Section 671 of County Law. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Criminal Justice Advisory Council Local Emergency Planning Committee (LEPC) Local Conditional Release Commission LEGISLATIVE RESOLUTION REVIEW COMMITTEE This is a committee of the whole to review and consider all resolutions that are approved through the standing committees of the Legislature, and/or presented by Legislators individually. Resolution review will include clarification of any areas of concern, which may require additional information be added to a resolution. Recommendation may be made to have a resolution referred back to committee. All decisions on altering or referring resolutions shall be made only upon approval of the majority of the committee. No resolution shall be withdrawn without the expressed approval of the appropriate committee chairman. This committee may create any resolutions that become necessary for immediate consideration at the next Regular Meeting. This committee may consider and forward to the full Legislature bid acceptance/rejection recommendations, only when the jurisdictional committee is unable to do so because of time constraints. ADDITIONS TO RULE 21 - AORDER AND DECORUM@ 144 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Whenever the Chairperson desires to make a motion or be recognized in entering into a debate, he shall step down from the chair. The Vice-Chairperson of the Legislature shall take the chair and he shall preside as in the case of a temporary chairman. CLOSED MEETINGS IN EXECUTIVE SESSIONS - Any Legislator may move to go into Executive Session for matters authorized under Public Officers Law, Section 105, as follows: 1. matters which will imperil the public safety if disclosed; 2. any matter which may disclose the identity of a law enforcement agency or informer; 3. information relating to the current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; 4. discussions regarding proposed, pending or current litigation; 5. collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law); 6. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; 7. the preparation, grading or administration of examinations; 8. the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof. Each motion to go into executive session shall contain a specific statutory reference for the exemption to Open Meetings Law requirements. If the executive session pertains to more than one topic of discussion, the number of topics and the specific statutory exemptions for each topic shall be made a part of the motion to go into executive session. Once the executive session has been convened, the first order of business is to confirm that the subject for which the executive session was called is legal and necessary. No official action, except as authorized by statute shall be transacted and no part hereof shall be construed as limiting the exemptions available under Public Officers Law, Section 108, including, but not limited to, deliberations of political committees, conferences and caucuses. Whenever practical, motions pertaining to the outcome of topics discussed in executive session shall be made in open session immediately after the executive session has ended. NO EXECUTIVE SESSION PARTICIPANT SHALL, IN OPEN SESSION, DISCLOSE WHAT BUSINESS MAY HAVE BEEN TRANSACTED IN SUCH EXECUTIVE SESSION OR THE REMARKS OF ANY EXECUTIVE SESSION PARTICIPANT. RESOLUTION NO. 310A Motion by Bleiler, Second by Young. RE: MOTION TO AMEND RESOLUTION NO. 310 BE IT RESOLVED, that Resolution No. 310 be amended to add Afor Highway use@ at the end of the Resolution. VOTE: Passed 6-0. RESOLUTION NO. 310 Motion by Marvel, Second by Little. RE: AUTHORIZE SCHUYLER COUNTY TO BE THE LEAD AGENT FOR SEQR RELATIVE TO THE SALT STORAGE FACILITY PROJECT - HIGHWAY DEPARTMENT - AS AMENDED WHEREAS, the Schuyler County Legislature, pursuant to Resolution No. 284-99, authorized a grant application for a salt storage facility under the 1996 Clean Water/Clean Air Bond Act - Title 3, Section 5 6-0303, and WHEREAS, it is proposed that the Schuyler County Legislature assume the role of lead agent to coordinate the process of creating a salt storage facility project and for purposes such as making applications for loans and grants, and coordinating with the various municipalities involved. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County will assume the role of the lead agency for SEQR relative to the proposed salt storage facility project for Highway use. VOTE: Passed 6-0. REGULAR MEETING - SEPTEMBER 13, 1999 145 RESOLUTION NO. 311 Motion by Little, Second by Marvel. RE: RESOLUTION DECLARING THE WEEK OF SEPTEMBER 27, 1999 - OCTOBER 4, 1999 AS ACATHOLIC CHARITIES WEEK@ WHEREAS, the network of 1,400 Catholic Charities agencies and institutions qualify Catholic Charities USA as the largest private human care service provider in the United States, and WHEREAS, the network of Catholic Charities agencies reaches out annually to over 4.8 million people, a number of which are served by Schuyler County, the regional subsidiary of Catholic Charities of the Diocese of Rochester, and WHEREAS, since its incorporation in 1912, Catholic Charities has provided quality direct service for the poorest of the poor, regardless of creed, and WHEREAS, those served by Catholic Charities include the developmentally disabled, isolated elderly, mentally ill, homeless, at-risk youth, the addicted, imprisoned, the dying and the unborn, refugees, immigrants, migrants, and persons living with HIV/AIDS, among others, and WHEREAS, the agencies of Catholic Charities work in partnership with neighborhoods, faith communities, business, government and other human service agencies to address underlying causes of poverty, and family and community strife, and WHEREAS, over 800 professional and volunteer leaders from its national network are gathering at the Diocese of Rochester, October 2-4, 1999, for Catholic Charities USA=s 1999 Annual Conference. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby on the occasion of this gathering proclaim the week of September 27, 1999 - October 4, 1999 as ACatholic Charities Week@. VOTE: Passed 6-0. RESOLUTION NO. 312 Motion by Little, Second by Marvel. RE: AGREEMENT BETWEEN SCHUYLER COUNTY DEPARTMENT OF SOCIAL SERVICES AND FLACRA=S CONGREGATE CARE LEVEL II PROGRAMS WHEREAS, the Department of Social Services wishes to enter into an agreement with Finger Lakes Addiction Counseling and Referral Agency (FLACRA) for the purpose of setting a rate for services rendered by FLACRA=s Congregate Care Level II Program to the children of residents of Schuyler County who are in residence with an adult and who are determined to be eligible for Temporary Assistance, and WHEREAS, FLACRA will refer County residents to the Department of Social Services (DSS) for determination of their eligibility prior to their admission to congregate care, and WHEREAS, FLACRA will immediately notify DSS of any changes which my affect a recipients eligibility for temporary assistance, and WHEREAS, if a Schuyler County resident fails without good cause to participate in, or complete the congregate care program, any accumulated Personal Needs Allowance (PNA) monies held by FLACRA must be returned to Schuyler County DSS. NOW, THEREFORE, BE IT RESOLVED, that for a child in residence with an adult, with the adult receiving treatments, Schuyler County DSS agrees to pay $249.10 per month for lodging. Partial monthly participation shall be reimbursed at the rate of $8.30 per diem or the first 30 days of the month. The child will also be eligible for an additional Personal Needs Allowance (PNA) of $45.00 per month, and BE IT FURTHER RESOLVED, when there is a cost for day care, the day care payment will be made directly to the provider and will be based on the number of days of care utilized for the actual cost of care subject to 18NYCRR 415.9, and BE IT FURTHER RESOLVED, that the Schuyler County Department of Social Services be hereby authorized to enter into an agreement with the Finger Lakes Addiction Counseling and Referral Agency (FLACRA) for the term of 7/1/99 to 12/31/2000, not to exceed $1,800, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign said agreement, subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. 146 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 313 Motion by Little, Second by Marvel. RE: RESOLUTION CONFIRMING APPLICATION FOR THE ESTABLISHMENT OF A COUNTY WATERSHED PROTECTION AND REHABILITATION DISTRICT IN THE COUNTY OF SCHUYLER FOR PORTIONS OF THE TOWNS OF ORANGE AND TYRONE FOR THE PURPOSE OF THE PROTECTION AND REHABILITATION OF CERTAIN LAKES WHEREAS, the Schuyler County Legislature duly authorized the creation of the above-captioned Lake Protection District by Resolution No. 426 on November 10, 1997 and Resolution No. 498 on December 8, 1997, respectively, and WHEREAS, an application therefor was duly forwarded on September 28, 1998, and WHEREAS, review by the New York State Comptroller, as required by law, indicates that a further confirmation by this Legislature is required by the Comptroller_s Regulations and such confirming Resolution shall conform to Part 85, Section 85.3(b) of the Comptroller_s Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature states and finds that the above mentioned Application was prepared at the direction of the Legislature, and that the Legislature believes the contents thereof to be accurate; that the improvement district for which permission is sought is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; that the cost of the proposed measures is to be assessed against the benefitted area and that no benefitted property has been excluded. VOTE: Passed 6-0. RESOLUTION NO. 314 Motion by Little, Second by Young. RE: AUTHORIZE TRANSFER OF FUNDS FOR MAINTENANCE OF ROADS PERSONAL SERVICES HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent was informed that the Maintenance of Roads Personal Services Overtime Account has been depleted and that there is an excess amount in Snow Removal Personal Services Overtime. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer $10,000 from Snow Removal Personal Services Overtime account no. 5142.101 to Maintenance of Roads Personal Services Overtime account no. 5110.101. DISCUSSION: Legislator Young asked if there would be money available for snow removal for the remainder of this year. Legislator Bleiler stated that the Highway Department still has money budgeted for the fall of 1999. This money being transferred in this resolution is what the Highway Department did not use in the spring of 1999. VOTE: Passed 6-0. RESOLUTION NO. 315 Motion by Little, Second by Young. RE: AGREEMENT TO BE LOCAL SPONSOR FOR SNOWMOBILE TRAILS GRANT APPLICATION FOR TRAIL TAMERS OF SCHUYLER COUNTY FOR THE YEARS 1999-2000 WHEREAS, the Trail Tamers of Schuyler County wish to use the Schuyler County Government as their authorized local sponsor for their grant, and WHEREAS, the Planning Department would be the administrator of the grant and the County Treasurer would administer the grant funds, and WHEREAS, the Trail Tamers would carry $1,000,000 in insurance with a copy filed in the Planning Office, and WHEREAS, the Department of Environmental Conservation (DEC) would issue the trail permit to the Trail Tamers 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 the Trail Tamers of Schuyler County in the pursuit of Snowmobile Trails Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the grant application for the years 1999-2000. VOTE: Passed 6-0. REGULAR MEETING - SEPTEMBER 13, 1999 147 RESOLUTION NO. 316 Motion by Little, Second by Young. RE: AUTHORIZE CONTRACT WITH PER-SOFT, INC. - PERSONNEL DEPARTMENT WHEREAS, the Legislature approved the purchase of software and services from Per Soft, Inc. in the 1999 budget process for computerization of the Civil Service and Personnel records. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign a contract with Per Soft, Inc. for maintenance of Personnel Management Software at the rate of $1,250 per year for the years 1999 and 2000, and a License Agreement for Personnel Management Software at a cost of $12,500 per year for the years 1999 and 2000; Contract and License Agreement subject to the approval of the Schuyler County Attorney. VOTE: Passed 6-0. RESOLUTION NO. 317 Motion by Little, Second by Young. RE: AUTHORIZE HIRING OF TEMPORARY CIVIL SERVICE CLERK AND TEMPORARY PART-TIME TYPIST - PERSONNEL DEPARTMENT WHEREAS, the Civil Service Clerk has been on funeral leave and medical leave since July 12, 1999, such leave being unpaid since August 9, 1999, and there is a need to fill this position temporarily, and WHEREAS, the part-time Typist has accepted the position of Keyboard Specialist which is funded by the LGRMIF grant through June 30, 2000, and there is a need to fill the part-time Typist position temporarily, and WHEREAS, hiring for both these temporary positions adds no new expense to the County and funds are available in account no. 1430.100. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Personnel Officer be authorized to hire a temporary Civil Service Clerk at the rate of $11.05 per hour for the duration of the leave of absence of the full-time Civil Service Clerk, and BE IT FURTHER RESOLVED, that the Personnel Officer be authorized to fill the part-time Typist position on a temporary basis at the rate of $8.97 per hour for the period of time the permanent part-time Typist is serving in the grant funded position of Keyboard Specialist. VOTE: Passed 6-0. REPORT ON STANDING COMMITTEES: Legislator Young reported on the Human Services Committee. She explained that the Child Health Plus Program is a way of insuring children with limited family incomes that are not receiving any type of other financial assistance, but are without health insurance. There is a need for Family Health Plus for families also. She feels that some of the tobacco settlement can be used towards this program. She also noted that with Medicaid reform, families are turning to other organizations, such as the Food Pantry, for assistance which is putting a burden on them. Legislator Marvel reported on the Community Development and Natural Resources Committee. SCOPED hired a grant writer that starts tomorrow. He will be assisting with writing grants not only for the County, but other municipalities. The Executive Director of SCOPED has submitted her resignation. He is sorry to see her go, she has contributed much to this community. He feels confident that SCOPED will continue, under a new Director, and all projects will be carried forward. Legislator Bleiler reported on Management and Finance Committee. This is a busy time of year. Right now, the County is starting to plan the budget for the year 2000. This year the Legislators will spend two full days listening to the budget teams. The County is negotiating two new contracts for year 2000. The Management/Confidential Salary Plan Subcommittee has been working for three months and is drawing to a close. He feels great strides have been made in management and Legislators working together. They are working on a reclassification study of all civil service personnel which will be ongoing until Spring 2000. The State is working with us on this. The County applied for a $MART Review with the Office of the State Comptroller and they are currently working with us on this. Legislator Karius reported that the Cooperative Extension program on agriculture that was held last week was well attended. 148 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Acting Chairman Hastings asked for thanksgiving and a moment of silence for Ed Hoffman. He worked diligently to create the Catharine Valley Trail. She then reported on the Public Safety/Criminal Justice Committee. There have been a lot of robberies and problems with teens which has doubled the court cases. Dispatching has become more difficult, and there is a need for more on duty. They are also looking at the Rural Urban Center property that is being used for fire training grounds and possibly moving the same. UNFINISHED BUSINESS: None. NEW BUSINESS: Legislator Bleiler said he would like to set up a Special Meeting of the Legislature to act on the sales tax Resolution. There are certain time frame requirements, but the State has given us a lot of leeway. He is looking to have the meeting by September 20, 1999. County Attorney Coleman explained that if the Legislature waits until the end of the month, they enter the area where the State will not guarantee us a waiver of the 90-day requirement. This requirement may be waived down to 60 days. There is no guarantee lower than that. MOTION by Legislator Bleiler, SECOND by Legislator Karius to call a Special Meeting of the Legislature to vote on the sales tax resolution on September 22, 1999 at 6:30 p.m. Motion carried six ayes to zero noes. Legislator Young said she does not understand why they can not act on this item at the Regular Meeting in October. Attorney Coleman explained that if the Legislature goes beyond September 30, 1999, they run into less than 60 days for notification of the change in a tax law. Legislator Young feels the public will not feel this special meeting is giving fair notice. PUBLIC PARTICIPATION: Casey Creamer said that at the last Public Hearing about the County Administrator, you will recall him saying that the Legislature should be unanimous about approving the position if the County is going to have one. Later after the public hearing, he talked with Legislators and some stated that they would be behind this issue if it is the decision of the majority of the Legislature. He sees that there was not a unanimous vote on advertising for the County administrator tonight. He feels this will give a bad impression on anyone coming in to that position. He feels the Legislature needs to be one body that supports the vote of the majority. Duane Spilde, Director of Community Services, commented on the Child Health Plus Program - this is a wonderful program, it has graduated premiums for those that have an elevated income, as well as it being a program for low income folks. The Public Health Department has a part-time person that works with the public on this program. He is also trying to increase the participating providers involved with this program. This is a very new program and is just for children. The meeting adjourned at 8:37 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING SEPTEMBER 22, 1999 The Special Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Carol Franzese spoke in opposition of the 1% increase in sales tax. She feels it will have an affect every time a person does business in Watkins Glen, goes out to dinner, buys a new car, pays their electric bill, phone bill. She suggested the Legislature table this issue until the County Administrator comes on board to see where he can cut some corners. She feels this is a bad move, both as a business owner and a consumer. Mike Learn, owner of a car business, explained that sales tax on a vehicle purchase depends on where a person resides. Chemung County has 7% sales tax. He feels an increase in sales tax is going to affect him with sale of services, parts, because it will be more expensive here. Paul Marcellus sees Watkins Glen blossoming and hates to see an extra burden put on the business owners. SPECIAL MEETING - SEPTEMBER 22, 1999 149 The local economy seems to be thriving. He voiced his opposition to this tax at this time. Jim Kurtz of Kurtz Enterprises, also a Village of Montour Falls Trustee, referred to the article in The StarGazette wherein they said that $500,000 of this sales tax revenue will go towards the purchase of trucks for the Highway Department. He suggested the County stagger their capital purchases instead of purchasing them all at once. The article also states that the Legislature will give back 15% by reducing the property tax. Why not take 13% equivalent to the sales tax, and put it towards the purchase of the trucks. He cannot emphasize enough how big this issue is to him as it relates to his business. A lot of his competition is in Chemung County. There is a lack of availability of items in Schuyler County and this would be a final push of consumers to Chemung County. He did a survey on the sales tax in New York State. Out of 81 taxable cities and towns, 48% are under 8% sales tax and 33% are 8% sales tax or higher. If he loses a customer, the County is not losing 1%, but 8%. The electric and phone bills may not be bad for homeowners, but for businesses it is a different story. Paul Marcellus said the timing of this resolution strikes him as odd. The state is cutting back, the stock market is going up, things look good. It seems there should be relative prosperity. He purchased the Colonial Motel, and has worked very hard to manage their money since their business is seasonal. He purchases in Schuyler County as much as possible, but adding another percent tax will drive him to Chemung County. Don Spacchio, owner of Cronk Press, agreed that the County does have tourists, but they also have residents and business owners that live in the County all year long. Marjorie Tewksbury, Mayor of the Village of Montour Falls, spoke in opposition of the increase in sales tax. She asked that the Legislature look at budgets more closely. Every time the County needs a little money they raise the taxes, it is going to hurt our businesses. The increase in sales tax will be a deterrent to buying locally. It=s the people who live here that count. Also, once a sales tax increase in added, it is there, it does not come back off. Tom Ryan spoke in opposition to the increase in sales tax. It is going to cost the taxpayers of this County money. He is also against the County Administrator position which is going to add another 2% to the homeowners property tax. He said that there may be some action taken on that issue. Steve Kenyon, Village of Montour Falls Trustee, noted that a few months ago Pat Hastings came to a village board meeting and informed them of this possibility. The Board was unanimously against the increase in sales tax. He asked what the other municipalities think? He added that everything that one pays for that is taxed is going to increase. It is still a tax, just collected a little bit differently. He is opposed to the sales tax increase and feels it will be bad for the County. William Wilson, owner of a coop in Watkins Glen, said he has worked in tourism for years. Other places promote tourism by lowering the tax and encouraging tourism. He feels the sales tax would bring in more revenue if it is left alone. He has customers that come here because where they live the sales tax is 8%. Raphael Specchio said he is definitely opposed to the sales tax increase. He feels this is not the answer to any financial problems. In 1935, New York City instituted a $.05 hot dog tax and it is still in place in 1999. If this gets implemented, it will not be reduced again and it will help us long term residents lose our business. He feels the Legislature needs to tighten their belts, manage their organization, but not add to the sales tax. Calvin Lane of Lanes Yamaha spoke in opposition to the sales tax increase. Last year his business collected over $80,000 in sales tax to go into this County and if they have to pull out, it will hurt the County. He may have to move out because of competition, he had to do it before. He feels the County will lose more than what they gain with this. Angie Franzese feels attention needs to be paid to the senior citizens. They are living on fixed incomes. By increasing the sales tax they will have to live on less. She feels the County can get through their financial issues without the sales tax increase. She feels the County can help the businesses sell more by lowering the sales tax. She urged a no vote on this resolution tonight. RESOLUTION NO. 318 Motion by Larison, Second by Hastings. RE: RATIFICATION OF SPECIAL MEETING CALL 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 item 150 of business: 1. 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Resolution of the Legislature of the County of Schuyler, Increasing the Rate of Taxes on Sales and Uses of Tangible Personal Property and on Certain Services, and on Occupancy of Hotel Rooms, Amusement Charges and Club Dues, Pursuant to Article 29 of the Tax Law of the State of New York and Exempting Certain Residential Energy Sources and Services from Such Additional Rate of Tax RESOLUTION NO. 319A Motion by Karius, Second by Marvel. RE: MOTION TO TABLE RESOLUTION NO. 319 - FAILED BE IT RESOLVED, that Resolution No. 319 be tabled. DISCUSSION: Legislator Bleiler said they cannot table this. The Legislature has already budgeted this revenue, we have to make a decision. We are committed to spending a certain amount of money. Legislator Young said she has wrestled with this issue tremendously. She has no faith that the Legislature will do what is their goal, to decrease the property tax by 5% and 5% the next two years. She can only trust herself. This board voted unanimously to pass this budget last year based on the sales tax increase being in place. The County administrator issue was exhumed again and is coming from local dollars and she does not expect him to do miracles. She does not want to see this issue tabled. No matter how she votes on this, she will let a lot of people down. It is not because she has not heard them, because she has heard them. She will continue to keep her business in Schuyler County as she now does and she will continue all good efforts towards economic development. VOTE: Failed 2-6. Noes: Larison, Hastings, Little, Young, Bleiler, Gifford. RESOLUTION NO. 319 Motion by Bleiler, Second by Larison. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, INCREASING THE RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND ON CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS, AMUSEMENT CHARGES AND CLUB DUES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX - FAILED 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 December 1, 1999, and ending November 30, 2001, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. A new subdivision (f) of section three of Resolution No. 140 as enacted November 27, 1967, as amended, is added to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing December 1, 1999, and ending November 30, 2001, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to December 1, 1999, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to August 1, 1999, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to November 30, 1999. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to December 1, 1999, 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 SPECIAL MEETING - SEPTEMBER 22, 1999 151 after December 1, 1999, 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. (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing December 1, 1999, and ending November 30, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, 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 December 1, 1999, and ending November 30, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, 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. (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing December 1, 1999, and ending November 30, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing December 1, 1999, and ending November 30, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, 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 December 1, 152 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 1999, and ending November 30, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, 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. SECTION 4. Subdivision (k) of section six of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (k) Exemption of certain energy sources and related services from additional one percent rate of tax. Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing December 1, 1999, and ending November 30, 2001. SECTION 5. Subdivision (1) of section 11 of Resolution No. 140 as enacted November 21, 1967, as amended, is amended to read as follows: (1)(A) In respect to the use of property used by the purchaser in this County prior to March 1, 1968. (B) With respect to the additional tax of one percent imposed for the period beginning December 1, 1999, and ending November 30, 2001, in respect to the use of property used by the purchaser in this County prior to December 1, 1999. SECTION 6. A new subdivision (d) of section fourteen of Resolution No. 140 as enacted in November 27, 1967, as amended, is added to read as follows: (d) Net collections attributable to the additional one percent rate of sales and compensating use taxes imposed for the period beginning December 1, 1999, and ending November 30, 2001, are set aside for County purposes and shall be available for any County purpose. SECTION 7. This enactment shall take affect on December 1, 1999. DISCUSSION: Legislator Bleiler thanked folks for attending this meeting. He asked the folks in attendance to listen to him as he listened to them. This County suffers most because of property tax. He believes that property tax is the biggest problem this County has. All towns and villages will also receive additional sales tax revenue from this action. Every dollar saved in County tax will see additional savings in town and village tax. Legislator Bleiler explained that they propose to take 1% of sales tax revenue which is approximately $900,000 and subtract that from property tax. Property tax is the biggest tax deterrent for development. They are not doing this to solve a problem with the budget or buy a truck, they are trying to overcome a problem with property tax. Folks locally only contribute about half of the $900,000. This proposal is to help Schuyler County residents, not to get out of a bind. The federal government came through with a grant for bridges which solved the bridge problem so now they can focus on trucks. Some folks feel the County should not collect from visitors. Assemblyman Bacalles was here and recommended and supported the sales tax. He also said that the County has a right to expect to get revenue from tourists because the County supplies for them, roads, parks, law enforcement, emergency services, sanitary services, etc. It is perfectly legitimate and acceptable to tax them for these services. Legislator Bleiler noted in 1998, the County taxed the average visitor in our County $.92. If the County adds an additional 1%, the tax will come to $1.25. He does not think we are overtaxing the tourists. He understands the fear of businessmen of losing their business. That is why he has supported SCOPED and other efforts. There are three points he would like to make. First, the tax proposal is scheduled to end in two years, the County would have to ratify again in two years in order to have it maintained. Second, merchants can profit more from property tax savings. The property tax is included in the price of the merchandise and advertised that way. The advertise price almost never includes the sales tax, it is added on after it is sold. Advertised prices have more influence than sales tax. Third, his district supports the sales tax increase. They all say property tax is killing them. Legislator Bleiler distributed a report which showed that Schuyler County has had continuous and moderate growth from 1991-92 until present in taxable sales. This data SPECIAL MEETING - SEPTEMBER 22, 1999 153 relates to taxable sales, the amount of money that was spent in Schuyler County that was taxable. To compare that he tried to find counties similar to Schuyler and got the reports from them as well. The counties that went to 8% sales tax he called and asked what the effects were when they raised it. Legislator Bleiler reviewed the reports in detail. The comparison shows that counties have increased taxable sales. He is not saying it is because of the sales tax, but the sales tax did not hurt them, either. Legislator Bleiler then distributed information which indicated the Taxable Assessed Full Value 1995-1999 for Schuyler County. Property value has increased over the last five years 4.4%, while our taxable sales increased 11.4% in that same period of time. His point is that property tax is stable in terms of collecting the tax, but property tax grows at a much slower rate. We are missing the opportunity to utilize the resources that will help us the most. The plan is to take $900,000 of revenue and in the first year take $300,000 and reduce property taxes. Then to take $600,000 and pay off some of the debt that accumulated last year. Last year during the budget, the Legislature agreed to bond for much of the equipment and with additional revenues this year be able to pay off more of it. The intention was not to bond more last year and then bond more again this year. The first year reduction in property taxes would be 5%, the second year another 5%, and pay back the debt. The Legislature unanimously agreed they needed to do that. It is true that the Legislature can bond for them again, but they do not want to continue to bond. The third year all $900,000 comes off the property tax. $1 of sales tax is made up of $.50, the $1 for property tax is $1. There is also the fact that the health insurance premium increased substantially in October of 1998 and in February of 1999, the County was notified of a $250,000 debt in this area. The County is paying additional premiums. We will still be overdrawn in that line item by the end of the year. The County has to make this up. The County will also have to make up $100,000 in sales tax revenue shortfall because this Legislature has not passed on this as agreed. This is a total of $500,000 which will have to be dealt with over and above our regular budget. Each year the auditor comes in and tells the County how they are doing. Schuyler County is really quite solid. The auditors do have two complaints. First, the County has more money in its undesignated fund balance compared to designated fund balance. The County=s goal is to start to build capital funds. Second, the auditors as well as the State Comptroller=s Office, are concerned that the County is at 63.85% of its taxing limit. This is their biggest concern. Lewis, Seneca, Tioga and Yates are at 39% of their taxing limit. Schuyler County taxes their property owners more than other counties. The County needs to reduce its tax rate. High property taxes hurt our County, hurts development and is really hurting the farmers. The farmers support a sales tax increase versus property tax increase. He would like to see Schuyler County become more profitable. Legislator Hastings noted that it is recommended that a County have a fund balance of 10% of its budget. Why shouldn=t the County have taken the fund balance to reduce the property taxes? How can this board continue to increase budgets, increase salaries and then take all the sales tax and reduce the property tax. She asked in January of 1998 that this Legislature consider a 1/4 of the 1% increase to go to economic development. If the County could get the towns and villages to agree to this, we might be able to survive. We all agreed to send this issue to the state for legislation. At the time this was done, she felt the County should not have budgeted the increase. 1% seems like a little bit of money for people to pay, but it sends a message. The property tax is high. One of the big reasons for that is Medicaid. She feels nothing has been done in this area. The County needs to get Medicaid off its back. The County also needs to live within its budget. She has voted for budgets many times that she has not totally agreed with. If the County expects to have economic development, then we need to look at the message we are sending. Legislator Larison noted that all Legislators on board today voted for the budget last year, all voted to send it to the state, and now there is a requirement to pay the bill. If the Legislature wants to see the property tax go up, even though it is very high, then fail to pass the sales tax. His constituents encourage him to approve this. Counties are losing money due to the state budget. The state is doing great, they are passing the financing of the mandates to us. Today there is an immediate problem and the Legislature needs to answer it. Legislator Marvel said, having been a businessman for sixteen years, that he has sympathy with the business folks. Small businesses in this County struggle. They need assistance from the County. He does not believe the 1% sales tax increase will assist them. We do need to reduce property tax. He believes the County Administrator will assist the Legislature in reducing the property tax. He feels the Legislature lacks the ability to tighten its belt. He feels the Legislature should decrease expenses, not increase revenues. 154 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Legislator Karius said the constituents in her area have asked her to support this. She felt comfortable supporting this issue until she heard from the business community. She would like to see this tabled until the County Administrator comes on board. She understands the business folks, but the property tax is really hurting people. Sales tax can go up and it can go down. VOTE: Failed 4-4. Noes: Marvel, Hastings, Little, Karius. PUBLIC PARTICIPATION: None. The meeting adjourned at 8:08 p.m. Gail M. Hughey, Clerk REGULAR MEETING OCTOBER 12, 1999 The 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 Marvel and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Casey Creamer stated that he hopes that all of the Legislators will now pull together since the Local Law on the position of County Administrator has been passed. Janet Newcomb from the Arts of the Southern Finger Lakes distributed brochures and let the Legislators know that the Arts of the Southern Finger Lakes is matching County dollars 5-1 in Schuyler County. She feels that art in school is important. Students do a better job on SAT scores when they have art education. She hopes the County will support them again in the year 2000 budget. RESOLUTION NO. 320 Motion by Larison, Second by Marvel. RE: APPROVE MINUTES OF THE SEPTEMBER 13, 1999 REGULAR MEETING AND THE SEPTEMBER 22, 1999 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the September 13, 1999 Regular Meeting and the September 22, 1999 Special Meeting of the Schuyler County Legislature be approved. VOTE: Passed 8-0. RESOLUTION NO. 321 Motion by Karius, Second by Little. RE: RESOLUTION IN SUPPORT OF THE CREATION OF AN AEMERGENCY MEDICAL SERVICES LINE OF DUTY DEATH MEMORIAL@ WHEREAS, the creation of the afore-mentioned memorial shall show all Emergency Medical Services workers that they are truly respected for the work that they do, and WHEREAS, it should be known that their work is just as important and imperative as the Police Officers and Firefighters jobs, and WHEREAS, this memorial shall be erected in Albany and stand along side of the Police and Firefighters memorials. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature is in support of the creation of an Emergency Medical Services - Line of Duty Death Memorial, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to send certified copies of this resolution to Ulster County Legislature, Senator John R. Kuhl, Jr. and Assemblyman James Bacalles. VOTE: Passed 8-0. RESOLUTION NO. 322 Motion by Karius, Second by Little. RE: AUTHORIZE AGREEMENT RENEWAL WITH JONEL ROBINSON - PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Agency contracts with Jonel Robinson to provide occupational therapy for the Preschool Special Education program and the term of this contract has changed. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing REGULAR MEETING - OCTOBER 12, 1999 155 contract with Jonel Robinson to provide services from 7/1/99 through 6/30/2000 with no change in rate; subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 323 Motion by Karius, Second by Little. RE: AUTHORIZE AGREEMENT WITH DR. OHLINGER - PUBLIC HEALTH WHEREAS, the Schuyler County Public Health performs rabies clinics for Schuyler County residents and Dr. Margaret Ohlinger will assist in the operation of these clinics and will provide these services at the rate of $25.00 per hour. NOW, THEREFORE, BE IT RESOLVED, the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Dr. Margaret Ohlinger at the above rate effective January 1, 1999 through December 31, 1999; this contract is subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 324 Motion by Karius, Second by Young. RE: AUTHORIZE AGREEMENT WITH HEALTHNOW NEW YORK, INC. - PUBLIC HEALTH WHEREAS, the Home Health Agency may need to contract for additional nursing services as the need arises in the future, and WHEREAS, Healthnow New York, Inc., will provide these services at the established rates. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is, authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an ongoing contract with Healthnow New York, Inc. to provide home health services from 10/1/99 through 12/31/2000, at the rates listed below, subject to the approval of the Schuyler County Attorney: Registered Nurse $25.00/hour Registered Nurse for High-technology case $32.50/hour Licensed Practical Nurse $21.25/hour Home Health Aide $13.50/hour Personal Care Aide $12.75/hour VOTE: Passed 8-0. RESOLUTION NO. 325 Motion by Karius, Second by Young. RE: AMEND AGREEMENT WITH SCHUYLER ARC - MENTAL HEALTH WHEREAS, Schuyler Arc, Inc. provides Integrated Supported Employment Services in Schuyler County, which began in 1998, and WHEREAS, the New York State Office of Mental Health has approved funding for Schuyler Arc, Inc. to continue providing these services, and have allocated funds to the County for same. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the amendment of the Schuyler Arc, Inc. agreement for the provision of the Ongoing Integrated Supported Employment Program in Schuyler County, in an amount not to exceed $11,000 for the 1999 calendar year and which will be renewed annually; subject to the approval of the County Attorney. There will be no cost to the County for these services, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 1999 County Budget by $11,000 for this additional State Aid. VOTE: Passed 8-0. RESOLUTION NO. 326 Motion by Karius, Second by Young. RE: AUTHORIZE AGREEMENT WITH AFFILIATED PSYCHOLOGIST CONSULTANTS, PC FOR EARLY INTERVENTION PROGRAM - PUBLIC HEALTH WHEREAS, there is a need for training in the Schuyler County Early Intervention Program which provides Early Intervention services to eligible children from birth through two as required by the New York State Department of Health, and WHEREAS, funding is available in the Early Intervention Budget to cover said training. 156 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be, and hereby is authorized to execute, and the Chairman of the Schuyler County Legislature is authorized to approve an agreement with Affiliated Psychological Consultants, P.C., effective immediately until September 30, 2000, in an amount not to exceed $3,000, for training in the Early Intervention Program; said agreement subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 327 Motion by Little, Second by Young RE: AUTHORIZE 1999-2000 GRANT RENEWAL FOR EARLY INTERVENTION PROGRAM - PUBLIC HEALTH WHEREAS, Schuyler County had a contract with the New York State Department of Health to provide services for the Infant-Child Health Assessment Program and the state-mandated Early Intervention Program from October 1, 1991 through September 30, 1996, and WHEREAS, this contract is expected to be renewed from October 1, 1999 through September 30, 2000 with the program change to Early Intervention (EI) Administration /Child Find. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute to approve renewal of this agreement with the New York State Department of Health from October 1, 1999 through September 30, 2000, and BE IT FURTHER RESOLVED that the 1999-2000 EI/Child Find budget be established from 10/1/99 9/30/2000 as follows: $22,821 to account no. 4010.100-4061 - Personal Service $ 5,651 to account no. 4010.400-4061 - Contractual Expense $ 6,846 to account no. 4010.489-4061 - Fringe Benefits $35,318 TOTAL EXPENSES $35,318 to grant revenue account no. 4010-4451-4061 VOTE: Passed 8-0. RESOLUTION NO. 328 Motion by Little, Second by Young. RE: AUTHORIZE 1999-2000 GRANT RENEWAL FOR IMMUNIZATION PROGRAM - PUBLIC HEALTH WHEREAS, Schuyler County's new immunization grant is expected to be $18,000 from 11/1/99 through 10/31/2000. NOW, THEREFORE, BE IT RESOLVED, that the 1999-2000 Immunization Grant budget be established as follows: $9,966 4010.100-4064 Personnel $4,686 4010.400-4064 Contractual Expense $3,348 4010.489-4064 Fringe Benefits $18,000 TOTAL EXPENSES $18,000 4010.1689-4064 Grant Revenue VOTE: Passed 8-0. RESOLUTION NO. 329 Motion by Little, Second by Young. RE: AUTHORIZE TRANSFER OF FUNDS FOR A SALT SPREADER - HIGHWAY WHEREAS, the Highway Superintendent and the Public Works Committee have discussed the purchase of a new material salt spreader at a cost of $2,137, and WHEREAS, there is currently $1,663 left in that account that can be used towards this purchase. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the purchase of a Material Spreader for the Highway Department, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $474.00 from Machinery account no. 5130.438-Supplies to 5130.262-Spreader. VOTE: Passed 8-0. RESOLUTION NO. 330 Motion by Marvel, Second by Little. REGULAR MEETING - OCTOBER 12, 1999 RE: 157 AUTHORIZE TRANSFER OF FUNDS FOR PURCHASE OF GENERATOR/WELDER - HIGHWAY WHEREAS, the Highway Superintendent and the Public Works Committee have discussed the purchase of a Generator at a cost of $2,000, and WHEREAS, this purchase was not included in the 1999 budget, and WHEREAS, there are sufficient funds available in the supplies account for the purchase of the same. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the purchase of a new generator for the Highway Department at a cost of $2,000, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $2,000 from account no. 5130.438 to account no. 5130.292. VOTE: Passed 8-0. RESOLUTION NO. 331 Motion by Marvel, Second by Little. RE: AUTHORIZE REQUESTS FOR PROPOSAL FOR GAS/OIL LEASING ON COUNTY OWNED LAND WHEREAS, County Law Section 215 requires that whenever the County leases land we do so to the highest bidder, and WHEREAS, the County of Schuyler is interested in requesting proposals for gas/oil leasing on certain County-owned land. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of this Legislature, in conjunction with the County Attorney, be hereby authorized to create a bid specification and solicit quotes for gas/oil leasing of County owned property. VOTE: Passed 8-0. RESOLUTION NO. 332 Motion by Marvel, Second by Little. RE: AUTHORIZE GRANT APPLICATION FOR ESRI LIVABLE COMMUNITIES GRANT SERIES COMMUNITY DEVELOPMENT GRANT PROGRAM WHEREAS, the Soil & Water Conservation District and the Real Property Tax Service Agency have received information on applying for a Community Development Grant to provide software and training for a Geographic Information System (GIS), and WHEREAS, the Community Development and Natural Resources Committee considers a GIS to be a vital tool for community and economic development. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to make application for and execute any further documentation relative to the ESRI Livable Communities Community Development Grant; subject, as necessary, to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 333 Motion by Little, Second by Marvel. RE: RESOLUTION PROVIDING PUBLIC NOTICE OF THIRTY DAY COMMENT PERIOD ON A PROPOSAL TO CREATE AN AGRICULTURAL DISTRICT #3 WHEREAS, the Schuyler County Legislature has been presented petitions in support of a proposal to create an agricultural district comprising certain lands in the Towns of Catharine, Cayuta and Montour, and WHEREAS, said proposal has been filed with the Schuyler County Legislature pursuant to Section 303 of Article 25AAA of the Agriculture and Markets Law of New York State, and WHEREAS, said law requires that the Legislature, upon presentation of such a proposal shall thereupon provide notice of such proposal by publishing a notice containing certain information in a newspaper having general circulation within the proposed district and by posting such notice in five conspicuous places within the proposed district. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature shall have cause to publish in the Watkins Review & Express, the Ithaca Journal and the Dundee Observer a notice which contains the following statements: AThe Schuyler County Legislature, having been presented petitions in support of a proposal to create an agricultural district comprising certain lands in the towns of Catharine, Cayuta and Montour, hereby provides public 158 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE notice of a comment period on said proposal, which has been filed with the Legislature pursuant to Section 303 of Article 25AAA of the Agriculture and Markets Law of New York State. Said proposal will be on file open to public inspection in the County Clerk=s Office for thirty days from the date of publication of this notice. Any municipality whose territory encompasses the proposed district in such form and manner as may be prescribed by the Commissioner of Agriculture and Markets (Due to the absence of such prescription by the Commissioner, proposed modification shall include for each parcel proposed to be added to or excluded from the proposed district: (1) the tax parcel number; (2) the name(s) of the owner(s); (3) the signature(s) of the owner(s) of the parcel or the signature of the Supervisor or Clerk of the Town in which the parcel is located, and (4) the name of the Town in which the parcel is located. Forms will be available in the offices of the County Clerk and the Clerk of the Legislature for the purpose of proposing modification.) Such proposed modification must be filed with the County Clerk and the Clerk of the Legislature within thirty days after the publication of this notice. At the termination of the thirty day comment period, the proposal and proposed modifications will be submitted to the Schuyler County Planning Commission and the Schuyler County Agricultural and Farmland Protection Board for review. Thereafter a public hearing will be held on the proposal, proposed modifications and recommendations of the Planning Commission and the Agricultural and Farmland Protection Board.@ BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall have the above notice posted in at least five conspicuous places within the proposed district. VOTE: Passed 8-0. RESOLUTION NO. 334 Motion by Little, Second by Marvel. RE: PROCLAIM OCTOBER RADON AWARENESS MONTH WHEREAS, Schuyler County has been identified as a high radon area by the New York State Department of Health and the U.S. Environmental Protection Agency, and WHEREAS, radon is the second leading cause of lung cancer - and the leading cause among nonsmokers, and WHEREAS, any home may have high levels or radon - even if neighboring homes do not, and WHEREAS, radon testing is easy, inexpensive and produces reliable results, and WHEREAS, making simple home repairs can significantly reduce a resident=s risk of lung cancer, and WHEREAS, Cornell Cooperative Extension of Schuyler County, in conjunction with the S2AY Network, has launched a campaign to inform Schuyler County residents about radon and what can be done to correct high levels if they exist. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby proclaims October Radon Awareness Month, and urges all residents to take steps to test their homes for radon, and to protect themselves and their families against this serious health hazard. VOTE: Passed 8-0. RESOLUTION NO. 335 Motion by Little, Second by Marvel. RE: AUTHORIZE SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD TO PROVIDE TECHNICAL ASSISTANCE FOR THE WATER/SEWER EXTENSION PROJECT WHEREAS, Schuyler County Partners for Economic Development (SCOPED) and the Schuyler County Legislature have identified the need to extend water and waste water infrastructure to points within the Town of Dix to support economic development, and WHEREAS, such infrastructure improvements require, by New York State statute, the creation of special use districts, and WHEREAS, Schuyler County has agreed to be lead agency for the creation of said districts, and WHEREAS, the Schuyler County Legislature has identified the Southern Tier Central Regional Planning and Development Board (STCRP & D Board) as an appropriate resource for technical assistance for procedures required for creation of said districts. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature designates STCRP & D Board as the coordinating agency for creation of said districts, and REGULAR MEETING - OCTOBER 12, 1999 159 BE IT FURTHER RESOLVED, that the STCRP & D Board is authorized to make contacts and to coordinate procedures on behalf of the County necessary to support creation of the districts including but not limited to: state agencies, the project=s engineering firm, local municipal officials, Schuyler County Partners for Economic Development (SCOPED), County department heads/employees, legal counsel, and County Legislators, and BE IT FURTHER RESOLVED, that STCRP & D Board=s actions on behalf of the County will not include any legal or financial commitments and the STCRP & D Board will assign appropriate staff and will provide the County with timely information and updates, and BE IT FURTHER RESOLVED, that STCRP & D=s assistance will be provided within its existing capacity for provision of technical assistance, and no additional charges will be assessed to the County. VOTE: Passed 8-0. RESOLUTION NO. 336 Motion by Larison, Second by Young. RE: AUTHORIZE APPOINTMENT OF WALTER ANDREWS AS TOWN OF ORANGE REPRESENTATIVE TO THE PLANNING COMMISSION BE IT RESOLVED, that Walter Andrews be appointed to the Planning Commission to represent the Town of Orange effective immediately for the term ending December 31, 1999. VOTE: Passed 8-0. RESOLUTION NO. 337 Motion by Larison, Second by Young. RE: AUTHORIZE REFUND OF TAXES, PARCEL 60.-1-31, TOWN OF ORANGE - TAX ROLL YEAR 1999 WHEREAS, the Real Property Tax Director has received an application for a refund of taxes for tax map number 60.-1-31, owned by Kenneth and Mary Walruth, in the Town of Orange, and WHEREAS, the assessor has indicated that there existed an error in essential fact on the 1998 assessment roll, as defined in Section 550 (3)(b) of the Real Property Tax Law, in reference to the attached information, the correct assessment was $3,100, and the assessment of $5,100 was placed on the roll in error, and WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that said application be approved. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is authorized to accept said application, and to authorize a refund of $78.76, subject to the approval of the Schuyler County Treasurer. LAND TOTAL 1998 FINAL ASSESSMENT $3,100 $5,100 CORRECTED ASSESSMENT $3,100 $3,100 1999 TAX RATE: $38.9888 TAX BILL: TAX PAID: 1/1/99 2/6/99 6/28/99 $198.85 $101.42 $ 99.42 $200.84 $200.84 -$120.87 -$ 1.21 $ 78.76 CORRECTED BILL: 1% INSTALLMENT FEE REFUND: VOTE: Passed 8-0. RESOLUTION NO. 338 Motion by Larison, Second by Young. RE: RESOLUTION TO DECREASE CHARGEBACK TO TOWNS FOR SUPPLIES AND ADMINISTRATIVE ASSISTANCE - REAL PROPERTY WHEREAS, the County annually charges back to towns the cost of data processing services and other mechanical and administrative assistance in the preparation of assessment rolls, tax rolls, tax bills and other assessment reports as required by the State, and 160 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, the cost to provide those services has decreased. NOW, THEREFORE, BE IT RESOLVED, that the annual town charge back for the above mentioned services be applied as follows: RPS License SQL License Processing Keypunch Fee Fee Catharine 275 160 .50/parcel 0 Cayuta 200 160 A .50 Dix 325 160 A 0 Hector 350 160 A 0 Montour 275 160 A 0 Orange 275 160 A 0 Reading 275 160 A 0 Tyrone 275 160 A 0, and BE IT FURTHER RESOLVED, that the new fee structure will apply to services provided beginning in the year 2000. VOTE: Passed 8-0. RESOLUTION NO. 339 Motion by Larison, Second by Little. RE: RENEW CONTRACT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD FOR COMPUTER - RELATED TECHNICAL SERVICES WHEREAS, the Southern Tier Central Regional Planning and Development Board (STCRP&D Board) has agreed to renew their annual contractual agreement with Schuyler County to provide computer-related technical services including training, and WHEREAS, the term of the contract has been amended to cover a twelve month period in order to align with County=s fiscal year. NOW, THEREFORE BE IT RESOLVED, that the Chairman of this Legislature be hereby authorized to execute an agreement with STCRP&D Board for computer-related technical services in the amount of $8,600.00 from January 1, 2000, through December 31, 2000, subject to the approval of the Schuyler County Attorney. VOTE: Passed 5-3. Noes: Hastings, Little, Karius. RESOLUTION NO. 340 Motion by Larison, Second by Little. RE: AUTHORIZE AMENDMENT TO EISEP CONTRACT - OFFICE FOR THE AGING WHEREAS, the 1999 contract with Chemung County for EISEP services to the Schuyler County Office for the Aging contains erroneous figures. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to executed an amended agreement with Chemung County for EISEP Services to the Schuyler County Office for the Aging for the term April 1, 1999 through March 31, 2000 at a cost of $96,291 (instead of $78,871). It is understood that there is no increase in the Schuyler County Matching Funds for the program. Amended agreement subject to the approval of the Schuyler County Attorney. VOTE: Passed 8-0. RESOLUTION NO. 341 Motion by Larison, Second by Little. RE: AUTHORIZE GUEST SPEAKER FOR THE OFFICE FOR THE AGING WHEREAS, Resolution No. 592-90 requires that expenditures beyond $50 for guest speakers must be approved by resolution of the entire Legislature, and WHEREAS, the Director of the Office for the Aging needs a guest speaker to provide services at a cost of $100. NOW, THEREFORE, BE IT RESOLVED, that the Director of the Office for the Aging be authorized to engage a guest speaker to provide services to the Office for the Aging=s employees at a cost of $100. VOTE: Passed 8-0. RESOLUTION NO. 342 Motion by Little, Second by Young. REGULAR MEETING - OCTOBER 12, 1999 RE: 161 AUTHORIZE APPOINTMENT TO THE SCHUYLER COUNTY YOUTH BOARD BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the following individuals to the Schuyler County Youth Board for the terms as set forth below: Brittany Beck-Wickham 11/1/1999 - 12/31/2002 Elizabeth Coats 11/1/1999 - 12/31/2002 2 members of the youth council 11/1/1999 - 6/15/2000 VOTE: Passed 8-0. RESOLUTION NO. 343 Motion by Little, Second by Young. RE: AUTHORIZE ACCEPTANCE OF THE TRIANGLE FUND $10,000 - YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau in collaboration with the Odessa Montour Central School has received a check in the amount of $10,000 from the Market Street Trust Company via the Triangle Fund, and WHEREAS, $5,000 per grant description will be allocated toward case management for 16-18 year old dropouts from the Odessa-Montour Central School who are not receiving services, and WHEREAS, the funding is short of a part-time position. NOW, THEREFORE, BE IT RESOLVED, that $5,000 will be allocated over ten (10) months, or $l25.00 per week, or the equivalent of 10.6 hours per week adjusted to the needs of the clients not to exceed 42 hours per month, which will be allocated through a monthly stipend appropriated to the Schuyler County Youth Bureau=s Runaway and Homeless Youth Counselor, and BE IT FURTHER RESOLVED, that the Youth Bureau per the Triangle Fund will develop a twelve (12) member Youth Council from Odessa-Montour Central School and allocate $5,000 to the After School Program at the Youth Council=s discretion, and the approval of the Schuyler County Youth Board, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature authorizes the Treasurer to develop a new line item labeled AYouth Council@, and set up the following accounts for this grant: 7310.100-7301 Personal Services $ 5,000 7310.315-7301 Youth Council $ 5,000 7310-2070-7301 Revenue Account $10,000 VOTE: Passed 8-0. RESOLUTION NO. 344 Motion by Little, Second by Young. RE: AUTHORIZE ACCEPTANCE OF WATKINS GLEN INTERNATIONAL RACEWAY=S DONATION TO THE YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau in collaboration with Watkins Glen International has developed a mutually beneficial cleanup program following/during several summer events costing a total of $8,159.00, and WHEREAS, Watkins Glen International Raceway has demonstrated a willingness to support the youth of Schuyler County and the Schuyler County Youth Bureau. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorized the acceptance of the donation of $4,516.35 to the Schuyler County Youth Bureau from Watkins Glen International Raceway, equivalent to the Schuyler County Youth Bureau=s investment in this program, and BE IT FURTHER RESOLVED, that said donation be allocated to the AYouth Council@ line item and follow the same criteria of that of the Triangle Fund=s After School Program funding, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to set up the following accounts for this program: 7310.100-7302 Personal Services $3,642.65 7310.315-7302 Youth Council $4,516.35 7310-2070-7302 Revenue Account $8,159.00 VOTE: Passed 8-0. RESOLUTION NO. 345 Motion by Little, Second by Marvel. 162 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RE: RESOLUTION OF THE SCHUYLER COUNTY LEGISLATURE REGARDING SUPPORT FOR TWO (2) APPLICATIONS BY THE WORKFORCE DEVELOPMENT YOUTH COUNCIL AND AMERICORPS PROGRAM GRANTS AND EDUCATION AWARDS. NEW YORK STATE OFFICE OF NATIONAL AND COMMUNITY SERVICE FOR TWO (2) GRANTS TO ASSIST IN ADVANCING YOUTH DEVELOPMENT, EDUCATION, AND PERSONAL ASSETS FOR SCHUYLER COUNTY YOUTH, INCLUDING PROVISIONS OF AT LEAST 50% MATCH FOR ALL FRINGES, EXCLUDING YOUTH FRINGES WHEREAS, Schuyler County has the highest percentage value of any County and borough in New York State of adolescents who are unattached Astagnant@, not a high school graduate, not in school, not working, and not in the military, and WHEREAS, this Astagnant@ youth population is estimated at 184-212 youth, equivalent to eighty (80) percent of Bradford Central School District our Afourth district@, and WHEREAS, the Astagnant@ youth population , actually contributes to Schuyler County=s adult population without high school degrees, equals twenty-six (26) percent of the adult population, and WHEREAS, the Schuyler County Youth Board has approved and supported targeting this population of stagnant youth through expanded work programs. (Note SYETP), and WHEREAS, the Schuyler County Legislature supports the efforts of the Schuyler County Youth Board. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby support the local match for the following grant applications. Said match is not required by either grant, however local contributions will assist in developing programing and allow a large portion of the grant to go to youth salaries and development, and decrease administration and personnel costs, as well as allow the Schuyler County Youth Bureau to be increasingly competitive. Work Force Development Youth Council: Est. $240,000 - $300,000 County match: fifty (50) percent, fringe $11,000 Grant due - April 12, 2002 Americorps: Est. $80,000 - $140,000 County match fifty (50) percent , fringe $5,500 Grant due - November 20,1999 concept paper December 17,1999 full proposal, and BE IT FURTHER RESOLVED, if awarded, the Schuyler County Youth Bureau be hereby authorized to provide overall administration of the grants in compliance to the grant contracts. Allowing for expanded personnel, transportation, office space, and youth participants, and BE IT FURTHER RESOLVED, the Chairman of the Legislature is hereby authorized to sign the grant applications and to act on behalf of the Schuyler County Legislature in all matters related to the application of this grant, and BE IT FURTHER RESOLVED, that the Youth Bureau and Youth Board of Schuyler County are encouraged to identify and seek methods to reduce the amount of County funds necessary, and at the same time advocate the need for additional County funds to support youth and youth related programs. VOTE: Passed 8-0. RESOLUTION NO. 346 Motion by Little, Second by Marvel. RE: AUTHORIZE APPOINTMENTS TO THE WORKFORCE DEVELOPMENT BOARD BE IT RESOLVED, that James Wilson, Schuyler Arc and Mike Gehl, The Falls Home, be appointed to the Workforce Development Board for the term 10/01/1999 to 10/01/2002. VOTE: Passed 8-0. RESOLUTION NO. 347 Motion by Little, Second by Marvel. REGULAR MEETING - OCTOBER 12, 1999 RE: 163 AUTHORIZE TRANSFER OF FUNDS - DEPARTMENT OF SOCIAL SERVICES, AUTO SKILLS PROGRAM WHEREAS, the Department of Social Services received approval to use funds from the automotive skills grant program to purchase computer equipment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer funds as follows: -$ 3,000 6010.314 Automotive Skills Program +$3,000 6010.208 Computer Equipment VOTE: Passed 8-0. RESOLUTION NO. 348 Motion by Little, Second by Marvel. RE: AUTHORIZE TRANSFER OF FUNDS FOR MEDICAL ASSISTANCE AND SAFETY NET - SOCIAL SERVICES BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer funds as follows: - $70,000 6109.400 Family Assistance +$30,000 6101.400 Medical Assistance +$40,000 6140.400 Safety Net VOTE: Passed 8-0. RESOLUTION NO. 349 Motion by Little, Second by Marvel. RE: AUTHORIZATION FOR DEPARTMENT OF SOCIAL SERVICES TO PURCHASE A USED PICK UP TRUCK AT NO COST TO THE COUNTY WHEREAS, the Department of Social Services has received approval of their WORK Now 3 funding application, and WHEREAS, the application included a proposal to purchase a used pick up truck to assist with ongoing construction projects of the Mobile Work Crew and also with job development with local employers. NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services be authorized to purchase a used pick up truck at a cost not to exceed $8,000 at no cost to the County. VOTE: Passed 8-0. RESOLUTION NO. 350 Motion by Little, Second by Marvel. RE: AUTHORIZE CHAIRMAN TO SIGN ANOTICE TO VACATE@ AND THE SHERIFF=S DEPARTMENT TO HAND DELIVER NOTICES BE IT RESOLVED, that the Chairman of this Legislature or his/her designee be, and hereby is, authorized to sign and the Sheriff=s Department to hand deliver ANotice 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 ANotice to Vacate@ be sent by registered mail to the most recent owners of records as shown in the property description. VOTE: Passed 8-0. RESOLUTION NO. 351 Motion by Little, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR (HECTOR GRAZING LANDS) WHEREAS, the Schuyler County Treasurer has received $5,849.43 in revenues from the United States Forest Service for the sale of timber from the Hector Grazing Lands, $4,350.06 for 96-97 and $1,499.37 for 97-98, and WHEREAS, in accordance with the provisions set forth in Section 500 of Title 16, United States Code and 7 CFR 3015, these funds must be used for the benefit of public schools and roads, and WHEREAS, this income is normally used by the Town of Hector for road maintenance in the Hector Land Use Area. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer by, and hereby is, authorized to transfer $5,849.43 to the Town of Hector for road maintenance in the Hector Land Use Area. VOTE: Passed 8-0. 164 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 352A Motion by Marvel, Second by Karius. RE: MOTION TO AMEND RESOLUTION NO. 352 BE IT RESOLVED, that Resolution No. 352 be amended to change the second to last Be It Further Resolved to say A that the employees listed below be given the recommended salary adjustments effective January 1, 2000 which are based on the revision of the factor ratings or other evidence considered during the appeal process:@, and BE IT FURTHER RESOLVED, that Resolution No. 352 be amended to change the last Be It Further Resolved to say Athat the Schuyler County Treasurer be authorized and directed to pay these four employees the adjustments effective January 1, 2000, in addition to any salary increases for year 2000.@ VOTE: Passed 8-0. RESOLUTION NO. 352 Motion by Little, Second by Larison. RE: APPROVE RECOMMENDATION OF APPEALS COMMITTEE ON 1999 MANAGEMENT/ CONFIDENTIAL SALARIES AND AUTHORIZE AMENDMENT OF THE MANAGEMENT/ CONFIDENTIAL SALARY PLAN - AS AMENDED WHEREAS, four employees and/or their department heads submitted appeals to their 1999 salaries as permitted in the Schuyler County Management/Confidential Salary Plan, and WHEREAS, the designated Appeals Committee met and duly considered the facts in evidence regarding each appellant=s case and unanimously recommends the following amendments to the Management/Confidential Salary Plan and the salary adjustments thereby indicated. NOW, THEREFORE, BE IT RESOLVED, that the factor rating chart (page 16) be amended for the four positions appealed as follows: I II III IV V VI VII Total Grade Conf. Secy Co Atty 41 56 42 40 28 0 60 267 B Deputy Clk Leg 80 74 64 41 39 47 60 405 D Youth Service Planner 101 90 68 61 56 31 80 487 E Pers Secy to Leg 40 40 44 32 27 0 60 243 B, and BE IT FURTHER RESOLVED, that the employees listed below be given the recommended salary adjustments effective January 1, 2000 which are based on the revision of the factor ratings or other evidence considered during the appeal process: Barbara Klemann $26,400.00 Stacy Husted 25,300.00 Robin Thoman 21,357.00 David Sanders 28,150.00, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized and directed to pay these four employees the adjustments effective January 1, 2000, in addition to any salary increases for year 2000. VOTE: Passed 5-3. Noes: Hastings, Little, Karius. RESOLUTION NO. 353 Motion by Bleiler, Second by Young. RE: AUTHORIZATION TO BRING ONE (1) RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) resolution be brought to the floor. VOTE: Passed 8-0. RESOLUTION NO. 354 Motion by Little, Second by Larison. RE: AUTHORIZE ADJUSTMENT TO 1999 YOUTH BUREAU BUDGET WHEREAS, adjustments are necessary to the Youth Bureau=s 1999 budget due to the substantial increases in funds from the Workforce Development - Summer Youth Employment and Training Program. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to make the following account adjustments: + $31,828 7310.187 Personal Services - $ 8,681 7310.587 Youth Program + $23,147 7310-4820 Revenue Account REGULAR MEETING - OCTOBER 12, 1999 165 VOTE: Passed 8-0. REPORT ON STANDING COMMITTEES: Legislator Hastings reported on the Public Safety/Criminal Justice Committee. She met with Jim Burns, State Fire Commissioner and Patricia Walsh from the New York State Fire Academy to discuss funding for a new training ground for Schuyler County fire departments. It is their desire to be a good neighbor and they feel there is no reason they can not work something out. There will be a meeting held October 20, 1999 to meet with all Schuyler County fire chiefs and Bill Randolph, Emergency Services Coordinator, to discuss what they can do for us. The meeting will be held at the training grounds at 5:00 p.m. We are also invited to attend the 1999 legislative appreciation day October 14, 1999 or October 20, 1999 from 10:30 a.m. to 2:00 p.m. She also reported that District Attorneys from seven counties met September 29, 1999 to discuss state funding. She received a letter from their association asking the County for an amendment to County law to pay for a full-time District Attorney. Only counties of a population of 35,000 or more receive full-time pay reimbursement. We need to change that to include all small counties. In July the Public Safety/Criminal Justice committee wrote a letter to the Governor. Perhaps there should be a resolution adopted instead. Legislator Little reported on the Public Works Committee. In regards to re-opening the Odessa and Corning Hills, he has received minimal correspondence. He is happy to pass on what he receives to State representatives. He also reported that the Headstart Board of Directors next meeting is set for November 9, 1999 from 6:00 - 9:00 p.m. at the Watkins Glen Elementary School for a strategic planning session. Parents and public are welcome. Legislator Bleiler reported on the Management & Finance Committee. There will be a legislative committee meeting held October 21, 1999 at 9:00 a.m. to discuss health insurance. The Administrative and Highway Unit negotiations have begun and the $MART review is also underway. Legislator Larison reported on the Governmental Operations Committee. He said it has been a pleasure working with Tom Bloodgood and Gerry Chafee in the Central Data Processing Department. Their work is going well. He appreciates the vote to approve the contract with Southern Tier Central tonight. He also reported on the Forest Practice Board. This morning he was able to view some County owned land. There is some beautiful timber and some red pine that will soon need to be cut. He would like to request that the Public Works Committee and the Community Development and Natural Resources Committee review this situation and possibly engage a forester to mark the trees so we can have the proper harvest on both sides of the road. Legislator Marvel reported on the Community Development and Natural Resources Committee. The County was just recently awarded $600,000 through a HUD grant for low income housing. Bishop Sheen will be administering that loan. Please call Michelle Benjamin at Cornell Cooperative Extension with any questions. He also reported that there was an announcement in the paper that SCOPED received $28,230 from Appalachian Regional Commission (ARC) for the development center for home based businesses for unique products. SCOPED will be assisting in the project. If there are any home based businesses looking to expand contact Corrine Flahive at SCOPED. UNFINISHED BUSINESS: RESOLUTION NO. 309 Motion by Bleiler, Second by Young. RE: MODIFICATION OF COUNTY LEGISLATURE=S RULES OF PROCEDURE WHEREAS, notice of modification of Rules 21, 22 and 25 was given in accordance with Rule 29. NOW, THEREFORE, BE IT RESOLVED, that the County Legislature=s Rules of Procedure be modified effective immediately, as follows: NEW RULE 22 - AGENERAL FUNCTION OF COMMITTEES@ All committees shall aid in the performance of the powers and duties of the Legislature. GENERAL EXERCISE OF JURISDICTION. Committees shall familiarize themselves with the subject matter over which jurisdiction has been conferred by the Rules of Procedure. Committees having an office or function overseen by them shall report any neglect of duty or failure to comply with rules and directions of the Legislature, to the full Legislature. They shall render advice and counsel on matters deemed helpful in the performance of the duties of the office or function. Although the Legislature shall always be open for County officers and employees upon any matter 166 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE involving the office or function, the committee shall represent them before the Legislature and so far as practical, every County officer and employee shall look to the committee for that representation. Criticism and recommendations of State departments or other official bodies shall be considered with the department head or officer. Matters referred to a special committee shall be promptly considered and a report made thereon as soon as practical. Committees shall have general charge of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as special duties therefor. Each Committee shall supervise and have charge of appropriated expenditures. Any necessary transfer of funds within the same group of accounts (i.e. personal or equipment or contractual) shall be handled through a written memorandum from the Department Head to the County Treasurer with a copy to the respective Committee Chairperson. The Department Head shall be responsible for notification of transfers prior to voucher submittal. Any other unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the Management and Finance Committee. The Management and Finance Committee shall, following financial review with the Treasurer's Office, make a final recommendation to the Legislature on such unappropriated expenditure. A department's request for unappropriated funds shall contain a reasonable estimate in writing for such expenditure. Any resolution approving an unappropriated expenditure shall contain the funding source (Res. No. 97-1983). The Chairperson of each committee shall have the responsibility: $ with the committee member(s) consent, delegate particular matters of committee interest when deemed necessary for the better performance of duties; $ to designate one or more members to attend meetings with other committees, boards, or other groups, whenever the matter being considered comes within the jurisdiction of his/her committee; $ subject to the approval of the Chairperson of the Legislature, to authorize all or any part of his/her committee to attend a conference or school conducted for the betterment of County government, and $ to require such reports and information from the members of his/her committee as he deems necessary. MEETINGS OF COMMITTEES GENERALLY. The Chairperson of the committee may call meetings of the committee at such times and places as deemed convenient. Committee meetings may also be called by either the Chairman of the County Legislature or by the filing of a petition by a majority of the members of the Committee with the Clerk of the Legislature. Notice for regularly called meetings (i.e. those scheduled at lease one week prior thereto) require the usual 72 hour posting; urgent or emergency meetings may have lesser notice in accordance with Public Officers Law Section 104, Subd. 2). Upon request of any member of the committee, any County officer or employee shall attend and furnish any information pertinent to his/her office or employment unless the absence is excusable. No advance notice need be required when a Committee meeting is held during or immediately following the time the Legislature is in session. The first member designated on each Committee shall be the Chairman thereof. In the absence of the Chairman of the Committee, members of the Committee shall succeed to the temporary Chairmanship in the order in which their names are printed upon their appointment to such Committee. A majority must be present to act. Meetings are open to the public or to County officers and employees. The Chairperson shall determine the order of business, and, taking into consideration the number of persons desiring to speak and the importance of the subject matter, time may be allotted commensurate with the invitation to appear and be heard. Minutes shall be taken at all committee meetings and shall consist of a list of all those attending and a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. The minutes shall be filed in the office of the Clerk of the Legislature, and shall be available to the public under the provisions of the Public Officers Law of the State of New York. ADVICE AND COUNSEL OF CITIZENS AND ORGANIZATIONS. Each committee is empowered to seek the advice and counsel of citizens and organizations in making a study of any subject matter. Such persons or representatives of organizations shall not be members of the committee nor have any voting power. Authority to pay any such person or organization for services must be granted by resolution of the Legislature. Committee Chairmen may create sub-committees as set forth in Rule 24 of these Rules. No Committee meeting shall be adjourned until announced by the Chairman of the Committee or upon a vote of the majority of the members present. Action on any matter lawfully before any Committee shall be taken only while a quorum of said Committee is present and in REGULAR MEETING - OCTOBER 12, 1999 167 session. A Committee quorum shall be defined as a majority of the total committee membership. Passage of any resolution or other action by a committee shall require a committee quorum vote in agreement. Any vacancy on a Standing or Special Committee of the Legislature shall be filled by the Chairman of the Legislature without delay. In case of temporary vacancies due to medical reasons, etc. where a Legislator is unable to participate in Committee meetings for a period of two months or more, the Chairman of the Legislature may appoint a substitute member to sit on said Committee with full voting powers. The Committee Chairman must report to the Chairman of the County Legislature all situations where a Legislator's attendance falls below 50%. Committee absences shall be noted in minutes as excused or unexcused. Excused absences shall be defined as per Rule #5. The Chairman of the Legislature is to discuss the situation with the Legislator and determine whether or not removal from such committee and replacement thereon is necessary, subject to approval by the entire Legislature. Committees shall meet with department heads on a regular basis, and at least quarterly, for discussion of department objectives and/or problems. All Committee meetings of the Schuyler County Legislature shall be open to the public and press, except those portions held in Executive Session pursuant to the Open Meetings Law. The Chairman of the Schuyler County Legislature shall be ex-officio member of and shall have the right to attend all Committee meetings of all Committees appointed or created by the County Legislature. The Chairman shall be counted in the quorum and be a voting member of such Committee in the case of the absence of a Committee member. The Chairman shall not be a regular Committee member. NEW RULE 25 - ASTANDING COMMITTEES@ STANDING COMMITTEES The following is a list of the standing committees of this Legislature together with a description of the areas of responsibility with which each is charged. These committees and their responsibilities are subject to change by resolution of this Legislature. MANAGEMENT AND FINANCE COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: 1. Clerk of the Legislature: Including all matters relating to the duties and powers of the Clerk of the Legislature, in accordance with Section 475 of the County Law, and all other duties as prescribed by the Legislature. 2. County Auditor: Including all matters relating to the office of County Auditor in accordance with Section 600 of the County Law. 3. County Treasurer: Including all matters relating to the powers and duties of the County Treasurer as chief fiscal officer in accordance with Section 550 of the County Law, and in any fiduciary capacity. 4. Insurance: Including all matters relating to the procurement of all insurance for County purposes, and recommendations to the County Legislature with relation to the amount of official undertakings and the approval thereof, when the amount is fixed by the County Legislature. 5. Civil Service and Personnel: Personnel administration and policy, including reviewing requests for new positions, setting salary grades, all upgrades, position reclassifications, fringe benefits administration, and Affirmative Action programs and policy, disciplinary procedures pursuant to Section 75 of the Civil Service Law, union contract administration and negotiation, and including all matters pertaining to the County's administration of the New York State Civil Service Law. 6. Purchasing and Fixed Assets: In accordance with Section 625 of County Law, all matters relating to the organization, coordination, and implementation of a uniform system of inventory control and purchasing within the County Departments, agencies, boards, commissions, and administrative units. Organization, coordination and implementation of accurate physical inventories and fixed asset records. 7. County Historian: Including all matters related to the powers and duties of the County Historian. 8. Budget Officer: Including all matters related to the powers and duties of the Budget Officer. 168 9. 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Fringe Benefits: Including all matters related to the procurement of the County=s health insurance, disability insurance, worker=s compensation insurance, retirement plan, flexible spending plan, deferred compensation plan, and recommendations to the County Legislature with relation to the amount of official undertakings and the approval thereof, when the amount is fixed by the County Legislature. The Management and Finance Committee shall: $ consider office and departmental estimates and make recommendation to this County Legislature of a tentative Budget for the ensuing fiscal year, including estimated expenditures and revenues, according to object and purpose. $ consider and make recommendations to this County Legislature on all applications for additional appropriations, and transfer of funds when authorization is required by the County Legislature. $ represent this County Legislature in all matters or meetings relating to unpaid taxes, tax sales, collection, and recommendations regarding the disposition thereof, in which the County Treasurer, or the Clerk of this County Legislature, or this County Legislature, may have a duty or power to perform, with the exception of the refund of erroneous taxes. $ make recommendations to this County Legislature with relation to redemptions, compromises, sales, leases, repair, fencing, or other disposition of County-owned property by virtue of tax sale. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Association for the Visually Impaired Arts of the Southern Finger Lakes Southern Tier Library Association GOVERNMENTAL OPERATIONS COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: 1. County Attorney=s Office: In accordance with Sections 500 and 501 of County Law, all matters relating to the duties and powers of the County Attorney, including all matters pertaining to County legal actions, lawsuits, damages' claims, or other legal representation of the County. 2. County Clerk=s Office: Including all matters pertaining to the constitutional responsibilities of the Clerk as registrar and the duties of the Clerk as agent of the New York State Department of Motor Vehicles. 3. Central Data Processing: Including all matters relating to the study, organization, promotion, coordination, purchase or lease of EDP equipment or systems, and development of the County's electronic data processing system for all of the County's Departments, agencies, or administrative units. 4. Election Commissioners: Including all matters relating to the Election Commissioners and County responsibilities under the Election Law. 5. Real Property Tax Service Agency: Including all matters relating to the equalization of tax rates for purposes of levying County taxes; representation of the County in all meetings and conferences with local assessors or individuals; and preparation of the assessment and tax rolls. 6. Records Management: Including all matters relating to the County's Records Management Program which is overseen by the Legislative Office, including the establishment, organization and oversight of the records retention storage places, contracts for records management, procedures or rules which may be necessary for implementation of a comprehensive Records Management Program, and activities of the Records Management Advisory Board. 7. Community Colleges: Including all matters relating to the Community College program. COMMUNITY DEVELOPMENT AND NATURAL RESOURCES COMMITTEE Oversight, representation, and as appropriate, recommendations to the County Legislature regarding all matters pertaining to the activities, programs or other matters related to the offices, departments, agencies or programs listed REGULAR MEETING - OCTOBER 12, 1999 169 below, including those specifically identified as follows: 1. Agriculture: Including all matters related to the Cooperative Extension Association and Board of Directors, and Soil & Water Conservation District and Board of Directors. 2. Planning: Including all matters relating to the promotion of community development, environmental management, efficiency of public service, cooperation with all Town, Village and County Planning Boards or Commissions, in relation to local development and preparation of plans, and assisting other Committees of the County Legislature in gathering data, conducting research, and preparing reports and analyses. 3. Publicity: Including all matters relating to the contractual arrangements with Southern Tier Central Regional Planning and Development (STCRP & D) Board , Southern Tier Hospice, Finger Lakes Health Systems Agency for Community Health Planning, and the Schuyler County Historical Society. 4. Transportation: Including all matters relating to public transportation, specifically in regards to the agreement with Chemung County for said services. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Agricultural and Farmland Protection Board Chamber of Commerce Environmental Management Council Forest Practice Board Schuyler County Industrial Development Agency Schuyler County Partnership for Economic Development PUBLIC WORKS COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature in all matters relating to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, accounts, records or other matters related to the offices, departments and agencies listed below, including those specifically identified as follows: 1. Buildings & Grounds: Including all matters relating to the maintenance and repair of County buildings and grounds, including allocation of space, supervision of the construction, reconstruction or remodeling of County buildings, and issues involving Seneca Harbor Park, the fishing pier and breakwater, involvement with all land and building acquisitions, proposals or development. Responsibilities include areas specific grant writing and application, specifications development and site plan reviews. 2. Weights & Measures: Including all matters relating to the duties and powers of the County Sealer of Weights and Measures. 3. Highway: Including inspection, construction, reconstruction, maintenance, and general supervision of the County roads and bridges, including certain Town bridges, as well as all matters pertaining to the duties, powers, and responsibilities of the County Superintendent of Highways. Additional responsibilities related to infrastructure development, grant writing and application, maintenance of all State and Federal reimbursement programs. HEALTH SERVICES COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regard to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records or accounts, or other matters related to the offices, departments, agencies, or programs listed below, including those specifically identified as follows: 1. Public Health: Including all matters pertaining to the Public Health and Home Health Program and Clinics, the Physically Handicapped Childrens' Program, Education of Handicapped Children, Rabies, Early Intervention Program and Watershed. 2. Mental Health: Including all matters pertaining to the Mental Health Clinic and the Mental Health contract agencies. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the 170 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE following Boards, Commissions, agencies or organizations: Health Services Advisory Board Professional Advisory Board Community Services Board Mental Health Subcommittee Mental Retardation/Developmental Disabilities Subcommittee Alcoholism and Substance Abuse Subcommittee HUMAN SERVICES COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regards to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records and accounts or other matters relating to the offices, departments, agencies or programs listed below, including those specifically identified as follows: 1. Social Services: Including all matters relating to the duties, powers, and responsibilities of the County Commissioner of Social Services, in the administration of public assistance and care, or other matters which relate specifically to the administration of the County's Social Services Programs. 2. Veterans' Services: Including all matters relating to the duties and power of the County Veterans' Service Director or officer in accordance with Section 800 of County Law, claims for soldiers' burial and headstones, and representation of the County Legislature in all matters pertaining to veterans or veterans' affairs. 3. Youth Bureau: Including all matters relating to the administration of the Schuyler County Youth Bureau, and Programs. 4. Office for the Aging: Including all matters relating to the County-sponsored programs and services for senior citizens, including fiscal and programmatic planning, outreach, information and referral; administration, coordination, and monitoring of contracts for legal, nutrition, home and health care, transportation, HEAP, etc; and representation of the County Legislature in all matters pertaining to services for senior citizens provided through the Office for the Aging. Representation, oversight, and recommendations to the County Legislature as appropriate, on matters pertaining to the following Boards, Commissions, or agencies: Child Care Coordinating Council Office for the Aging Advisory Council RSVP Advisory Council Social Ministry (Food Bank) STCRP & D Human Services Committee Youth Board PUBLIC SAFETY AND CRIMINAL JUSTICE COMMITTEE Oversight, representation, and as appropriate, to make recommendations to the County Legislature, with regards to all matters pertaining to the activities, programs, duties, responsibilities, personnel, expenses of offices, purchase of equipment, maintenance of records and accounts, or other matters relating to the offices, departments, agencies or programs listed below, including those specifically identified as follows: 1. Emergency Management: Including all matters relating to civil defense, catastrophe, natural disaster and other emergencies under the direction of the Governor or the State Director of Emergency Management, including the powers and duties of the local County Office of Emergency Management. Also including all matters relating to the Schuyler County Fire Advisory Board, fire training schools, mutual fire aid plans and programs, and the Enhanced 911 Program. Also including all matters relating to the NYS Fire Prevention and Building code as pertains to all County owned buildings, construction and remodeling. Also including all matter related to hazardous materials and the Emergency Medical System (EMS). 2. District Attorney: Including all matters relating to the powers, duties and responsibilities or offices of the District Attorney. 3. Probation: Including all matters relating to the powers, duties and offices of any and all Probation staff. REGULAR MEETING - OCTOBER 12, 1999 4. 171 Sheriff: Including all matters relating to the Sheriff, Undersheriff, Jail, Deputies, Correction Officers, Court Attendants, and all other personnel; matters concerning the Jail, maintenance of prisoners, navigation and animal control. 5. Public Defender and Assigned Counsel: Including all matters relating to the duties and powers of the Public Defender, in accordance with Sections 716 and 717 of County Law. 6. Coroners: Including all matters relating to the duties and powers of Coroners, in accordance with Section 671 of County Law. Representation, oversight, and as appropriate, recommendations to the County Legislature regarding the following Boards, Commissions, agencies or organizations: Criminal Justice Advisory Council Local Emergency Planning Committee (LEPC) Local Conditional Release Commission LEGISLATIVE RESOLUTION REVIEW COMMITTEE This is a committee of the whole to review and consider all resolutions that are approved through the standing committees of the Legislature, and/or presented by Legislators individually. Resolution review will include clarification of any areas of concern, which may require additional information be added to a resolution. Recommendations may be made to have a resolution referred back to committee. All decisions on altering or referring resolutions shall be made only upon approval of the sponsors. No resolution shall be withdrawn without the expressed approval of the appropriate committee chairman. This committee may consider and forward to the full Legislature bid acceptance/rejection recommendations, only when the jurisdictional committee is unable to do so because of time constraints. ADDITIONS TO RULE 21 - AORDER AND DECORUM@ Whenever the Chairperson desires to make a motion or be recognized in entering into a debate, he shall step down from the chair. The Vice-Chairperson of the Legislature shall take the chair and he shall preside as in the case of a temporary chairman. CLOSED MEETINGS IN EXECUTIVE SESSIONS - Any Legislator may move to go into Executive Session for matters authorized under Public Officers Law, Section 105, as follows: $ matters which will imperil the public safety if disclosed; $ any matter which may disclose the identity of a law enforcement agency or informer; $ information relating to the current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; $ discussions regarding proposed, pending or current litigation; $ collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law); $ the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; $ the preparation, grading or administration of examinations; $ the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof. Each motion to go into executive session shall contain a specific statutory reference for the exemption to Open Meetings Law requirements. If the executive session pertains to more than one topic of discussion, the number of topics and the specific statutory exemptions for each topic shall be made a part of the motion to go into executive session. Once the executive session has been convened, the first order of business is to confirm that the subject for which the executive session was called is legal and necessary. No official action, except as authorized by statute shall be transacted and no part hereof shall be construed as limiting the exemptions available under Public Officers Law, Section 108, including, but not limited to, deliberations of political committees, conferences and caucuses. Whenever practical, motions pertaining to the outcome of topics discussed in executive session shall be made in 172 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE open session immediately after the executive session has ended. NO EXECUTIVE SESSION PARTICIPANT SHALL, IN OPEN SESSION, DISCLOSE WHAT BUSINESS MAY HAVE BEEN TRANSACTED IN SUCH EXECUTIVE SESSION OR THE REMARKS OF ANY EXECUTIVE SESSION PARTICIPANT. DISCUSSION: Legislator Bleiler asked Legislator Hastings to make her amendment. There were no objections to her changes. Legislator Bleiler suggested that the one month=s notice be waived and that the resolution be brought off the table and the amendment made, subject to the approval of the County Attorney. VOTE: Passed 8-0. NEW BUSINESS: None. PUBLIC PARTICIPATION: None. The meeting adjourned at 7:15 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING NOVEMBER 8, 1999 The 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 Hastings and followed by a Moment of Silence. All Legislators were present except Legislator Larison who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Casey Creamer asked if there was a ban from the State regarding Resolution No. 363. He also asked if the Resolution would include requesting the state maintain a sufficient level of protection. Legislator Bleiler stated that Odessa Hill is considered unsafe for trucks. The Legislature is hoping that the State removes the ban, and finds a solution that creates a safe situation. Mr. Creamer felt the Legislature should offer a solution in the Resolution. Legislator Little said he does not feel he has the knowledge to offer a solution. Legislator Bleiler feels that if the Legislature offers a solution, the State might just look at that suggestion and possibly take no action. The state has a responsibility to the vehicles, and keeping a ban in place and not providing Schuyler County with a state highway is unfair. Sarah Connelly came to speak on behalf of the Schuyler County Outreach Program (food pantry). She asked a couple of recipients to share their experiences with the program. Brian Pratt said he works and lives in Schuyler County. He feels the services offered by the Outreach Program fills a spectrum of need that Social Services can not offer. A short term need has no place in Social Services. This program can give a short term need a quicker resolution. He is proud to say that the program works. Mrs. Connelly gave some examples of intervention offered by the Outreach Program and noted that their services numbers are going through the ceiling. Jerry Paradino spoke on behalf of the Outreach Program and feels that the demand has gone up. Clients lack medical insurance and the program is using monies for medical needs and not basic needs. Other counties have made arrangements with their Department of Social Services to meet the higher demand. A little money will go a long way. He hopes the Legislature will consider this when voting on the budget. Sue Brill said, as an employee of Social Services, that she refers folks to the Outreach Program all the time, and she relies on them. Cora Booth stated that there is a limited amount of cash that the Outreach Program has and hopes that the Legislature understands their demands and will give more. Gary Wayne Schaffer said he was disabled several years ago, and have had many opportunities to use the program. He was without money for months. He had to pay rent and utilities and pay for transportation to doctor appointments. Charities helped him when his utilities were threatened to be shut off. They deserve more money from the County. Brian Pratt gave his overview of the program. Both him and his wife are employed and for quite some time earning minimum wage. It is hard to hold a family together. The food pantry is able to do things that standard rules REGULAR MEETING - NOVEMBER 8, 1999 173 for Social Services will not allow. Legislator Hastings feels the food pantry is everyone=s responsibility. There should be more in the public eye. It would behoove you all to direct this to organizations in the area. Sara stated that they receive some in-kind. RESOLUTION NO. 355 Motion by Little, Second by Young. RE: APPROVE MINUTES OF THE OCTOBER 12, 1999 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the October 12, 1999 Regular Meeting of the Schuyler County Legislature be approved. VOTE: Passed 7-0. RESOLUTION NO. 356 Motion by Karius, Second by Little. RE: AUTHORIZE AMENDED FLACRA AGREEMENT - MENTAL HEALTH WHEREAS, additional funding has been approved for the Finger Lakes Alcoholism Counseling and Referral Agency, and the following agreement and budget modifications are required. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services is hereby authorized to execute an amendment to the agreement with Finger Lakes Alcoholism Counseling and Referral Agency, Inc. for the amount outlined below, and BE IT FURTHER RESOLVED, that the Chairman of this Legislature be authorized to approve such amended agreement, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this Legislature authorizes the Schuyler County Treasurer to amend the 1998 County budget, as follows: REVENUE State Funds 4322-3490 $14,164 EXPENSES Finger Lakes Addictions Counseling and Referral Agency 4322.0336 $14,164 VOTE: Passed 7-0. RESOLUTION NO. 357 Motion by Karius, Second by Little. RE: AMEND RESOLUTION NO. 115-99 - PUBLIC HEALTH WHEREAS, Resolution No. 115-99 authorized the purchase of a Datacron System for Public Health, and WHEREAS, Datacron System was purchased by Minnesota Mining and Manufacturing Company, which is a company of 3M. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 115-99 be amended to reflect that Datacron is owned by Minnesota Mining and Manufacturing Company (3M Corporation). VOTE: Passed 7-0. RESOLUTION NO. 358 Motion by Karius, Second by Little. RE: AUTHORIZE AGREEMENT WITH MARGOT FASS, M.D. FOR PSYCHIATRIC SERVICES MENTAL HEALTH WHEREAS, there is a need for additional psychiatric coverage in the Mental Health Clinic. NOW, THEREFORE, BE IT RESOLVED, that the Director of Community Services be hereby authorized to execute, and the Chairperson of the Legislature is authorized to approve, an ongoing agreement with Margot Fass, MD, consulting psychiatrist, effective immediately through December 31, 1999 at the hourly rate of $70.00, and a renewal agreement for the term January 1, 2000 through December 31, 2000 at the hourly rate of $75.00; agreements subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 359 Motion by Little, Second by Hastings. RE: ACCEPT/REJECT BIDS FOR REPLACEMENT OF WINDOWS AT THE RURAL URBAN CENTER BUILDINGS AND GROUNDS WHEREAS, the County has advertised for bids for replacement windows at the Rural Urban Center, and WHEREAS, bids were submitted and reviewed, with recommendation for acceptance and rejection being 174 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE made by the Building Maintenance Supervisor as stated below. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the following bid for replacement windows at the Rural Urban Center: Montour Glass and Mirror bid amount $37,478.00 Montour Glass and Mirror alternate bid amount $3,272.00, and BE IT FURTHER RESOLVED, the following bids be rejected: The Glass Company bid amount $46,990.00 The Glass Company alternate bid amount $3,595.00, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign any and all documents relative to window and door replacement at the Rural Urban Center subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that this capital project be charged to Buildings and Grounds account 0041620-207. VOTE: Passed 7-0. RESOLUTION NO. 360 Motion by Little, Second by Hastings. RE: AUTHORIZE THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID-ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND TO FULL FUND THE LOCAL SHARE OF FEDERAL AID-ELIGIBLE AND INELIGIBLE PROJECT COSTS, AND APPROPRIATING FUNDS THEREFOR WHEREAS, a Project for the replacement of BIN 3332660, CR 16 over Meads Creek Tributary, Schuyler County, PIN 6752.83 ("the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the County of Schuyler desires to advance the above project by making a commitment of 100% of the federal and non-federal share of the costs of the replacement of BIN 3332660, CR16 over Meads Creek Tributary, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the above subject project, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby authorizes the payment in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $ 54,000.00 is hereby appropriated in the 2000 budget and made available to cover the cost of participation in the above phase of the Project, and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Schuyler County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal 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 therefor 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: Passed 7-0. RESOLUTION NO. 361 Motion by Little, Second by Hastings. REGULAR MEETING - NOVEMBER 8, 1999 RE: 175 AUTHORIZE THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID-ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL AID PROJECT, AND TO FULL FUND THE LOCAL SHARE OF FEDERAL AID-ELIGIBLE AND INELIGIBLE PROJECT COSTS, AND APPROPRIATING FUNDS THEREFOR WHEREAS, a Project for the replacement of BIN 3332690, CR 27 over Rock Stream, Schuyler County, PIN 6752.82 ("the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the County of Schuyler desires to advance the above project by making a commitment of 100% of the federal and non-federal share of the costs of the replacement of BIN 3332690, CR27 over Rock Stream, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the above subject project, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby authorizes the payment in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering and Design work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $ 54,000.00 is hereby appropriated in the 2000 budget and made available to cover the cost of participation in the above phase of the Project, and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Schuyler County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal 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 therefor 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: Passed 7-0. RESOLUTION NO. 362 Motion by Little, Second by Marvel. RE: ACCEPT PROPOSAL FROM SIMONSEN ENTERPRISES FOR DEER CARCASS REMOVAL HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to ask for quotes for the removal/disposal of deer carcasses, and WHEREAS, one (1) quote was returned and opened at the Public Works Committee Meeting on October 19, 1999 at a price of $22.50 each for the removal and lawful disposal of road-killed deer from County roads. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following quote: Richard H. Simonsen/Simonsen Enterprises 4637 Cotton Hanlon Road Montour Falls, NY 14865, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be and hereby is authorized to sign an agreement with Simonsen Enterprises effective November 9, 1999 through December 31, 2001; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 363A Motion by Marvel, Second by Karius. 176 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE MOTION TO AMEND RESOLUTION NO. 363 - FAILED BE IT RESOLVED, that Resolution No. 363 be amended to include considering the use of a stop light or a run off. DISCUSSION: Legislator Marvel said he would like to consider including the suggestion made by Casey Creamer. He suggested the use of a stop light or a run off to make traffic safe. Legislator Young said she is not an engineer, and is hesitant to make such suggestions. The state built it and closed it and now the state should make it safe and reopen it. Legislator Bleiler feels if the state responds to it as is and found no alternatives, then the Legislature could do a different resolution. He feels they should let the state come up with a solution. Legislator Marvel said quite often all the state needs is a little bit of nudging with a suggestion. It is not telling them how to do things. VOTE: Failed. 3-4. Noes: Little, Young, Bleiler, Gifford. RESOLUTION NO. 363 Motion by Little, Second by Marvel. RE: RESOLUTION IN SUPPORT OF REMOVING BAN ON HEAVY TRUCK TRAFFIC ON ODESSA HILL - STATE ROUTE 224 WHEREAS, there was a weight restriction placed on the Odessa Hill, Route 224 some time ago to ban heavy truck traffic on this route due to trucks losing their brakes and to a number of accidents resulting in a loss of life, and extensive property damage, and WHEREAS, the affected towns and villages and business persons therein are in support of lifting this ban and have passed resolutions and provided written statements of support considering the trucks are safer than they were and there is a problem with local truck traffic. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports and requests the investigation, development and implementation of alternate solutions which would alleviate and subsequently remove the current restrictions while maintaining a sufficient level of protection and safety to the residents of Schuyler County, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby directed to forward certified copies of this resolution to Senator John R. Kuhl, Jr., Assemblyman James Bacalles, the Mayors of the Village of Montour Falls and Odessa, the Supervisors of the Town of Catharine and Cayuta, and the New York State Department of Transportation. VOTE: Passed 7-0. RESOLUTION NO. 364 Motion by Little, Second by Marvel. RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2000 COUNTY TAX LEVY - REAL PROPERTY WHEREAS, the State Board of Real Property Services has established the County tax levy pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received. NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 1999 assessment roll be adopted and the 1999 County equalization rates for the general levy and apportionment from the State Board of Real Property Services be entered in the minutes, as follows: TOWN OF CATHARINE 100.07 TOWN OF CAYUTA 101.15 TOWN OF DIX 93.76 TOWN OF HECTOR 99.99 TOWN OF MONTOUR 100.07 TOWN OF ORANGE 44.46 TOWN OF READING 82.33 TOWN OF TYRONE 99.92 VOTE: Passed 7-0. RESOLUTION NO. 365 Motion by Bleiler, Second by Hastings. RE: AUTHORIZE CONTRACT WITH WEILER MAPPING FOR A COUNTY LINE SURVEY - REAL PROPERTY 177 REGULAR MEETING - NOVEMBER 8, 1999 WHEREAS, there is a need to survey the boundary line with Chemung County along the southern border of the towns of Catharine, Montour and Dix, and WHEREAS, money has been appropriated for that purpose in the 1999 budget. NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be and is hereby authorized to execute a contract with Weiler Associates in the amount of $9,000 for a survey of the County line, subject to the approval of the County attorney. VOTE: Passed 7-0. RESOLUTION NO. 366 Motion by Bleiler, Second by Hastings. RE: ADOPT MATRIX FOR YEAR 2000 FOR MANAGEMENT/CONFIDENTIAL SALARY PLAN BE IT RESOLVED, the Schuyler County Legislature hereby adopt the following matrix for calculating management/confidential salary increases for the year 2000 based upon the employee=s performance appraisal: EXCELLENT MORE THAN EXPECTED GOOD LESS THAN EXPECTED UNSATISFACTORY 4.5% 4% 3.5% 0% 0% VOTE: Passed 7-0. RESOLUTION NO. 367 Motion by Bleiler, Second by Hastings. RE: SET DATES - SPECIAL MEETINGS OF THE LEGISLATURE WHEREAS, any alterations to the tentative budget must be by resolution following the deadline for the Management and Finance Committee report. NOW, THEREFORE, BE IT RESOLVED, that Special Meetings of the Schuyler County Legislature be held on November 17, 1999 and November 29, 1999 at 4:00 p.m. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY for the following item of business: $ Allow alterations to the tentative budget for 2000, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature be hereby directed to publish appropriate notice of said Special Meetings in the legal newspaper. VOTE: Passed 7-0. RESOLUTION NO. 368 Motion by Little, Second by Marvel. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2000 WHEREAS, a public hearing in respect to the 2000 County Budget is required pursuant to County Law Section 359. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2000 County Budget be held in the Court Room on the second floor of the Court House, 105 Ninth Street, Watkins Glen, NY on December 6, 1999 at 7:30 p.m., and BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County Legislature, and BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and otherwise comply with the requirements of County Law Section 359. VOTE: Passed 7-0. RESOLUTION NO. 369 Motion by Little, Second by Marvel. RE: A RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER CHANGING THE EFFECTIVE DATE OF THE SALES AND COMPENSATING USE TAX EXEMPTION FOR CLOTHING AND FOOTWEAR, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK BE IT ENACTED, by the Legislature of the County of Schuyler, as follows: Section 1. Section 2. of Resolution No. 434-98 is amended to read as follows: 178 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE ASECTION 2. This resolution shall take effect on March 1, 2000 and shall apply to sales made and uses occurring on or after that date although made or occurring under a prior contract.@ Section 2. This resolution shall take effect on December 1, 1999. VOTE: Passed 7-0. RESOLUTION NO. 370 Motion by Little, Second by Marvel. RE: MODIFICATION OF RULES - ONE MONTH=S NOTICE WHEREAS, Robert=s Rules does not cover withdrawing resolutions as it pertains to the Schuyler County Legislature=s Legislative Resolution Review Committee, and WHEREAS, it is the recommendation of the County Attorney and the Management and Finance Committee to establish such rules. NOW, THEREFORE, BE IT RESOLVED, that notice of the following amendment to Rule 14 the County Legislature=s Rules of Procedure be hereby given pursuant to Rule 29 of said Rules of Procedure: RULE 14 PRESENTATION AND WITHDRAWAL OF MOTIONS AND RESOLUTIONS: The term resolution as herein used shall mean a formal proposed action in writing. Any proposed action given orally from the floor shall be deemed a motion. A Committee Motion may be withdrawn by the sponsor and second at any time prior to a vote. A resolution passed by Committee and pending before the Legislative Resolution Review Committee may be withdrawn by the Chairman of the Committee of origin on consent of the Committee sponsors. During a session of the Legislature, no motion or resolution shall be debated until seconded. After a motion or resolution is made and seconded, it shall be deemed to be in the possession of the Legislature and open for debate. A motion or resolution may be withdrawn or altered at any time by the two members who sponsored it prior to formal vote or amendment. The names of the members who offered and seconded the motion or resolution shall be entered in the proceedings by the Clerk. All resolutions memorializing action on pending legislation by the State Legislature shall be identified by setting for the Assembly or Senate Introductory Number of the Legislature. VOTE: Passed 7-0. RESOLUTION NO. 371 Motion by Little, Second by Marvel. RE: AUTHORIZE ADVERTISEMENT FOR REQUESTS FOR PROPOSALS (RFPs) FOR PROPERTY/ CASUALTY INSURANCES WHEREAS, Legislative policy dictates that RFPs for property/casualty insurances will be done every three years, and WHEREAS, the last RFP process for property/casualty insurance was conducted in 1996, and WHEREAS, a consultant has been retained and the specifications are now ready to be sent out. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does approve the Clerk of the Legislature to seek proposals for the provision of property/casualty insurance coverage for Schuyler County and to advertise for proposals as deemed appropriate, and BE IT FURTHER RESOLVED, that the submission of proposals will be required to be submitted to the Clerk of the Legislature by Wednesday, December 22, 1999. VOTE: Passed 7-0. RESOLUTION NO. 372 Motion by Little, Second by Marvel. RE: RESOLUTION PROCLAIMING NOVEMBER 15, 1999 AS AAMERICA RECYCLES DAY@ WHEREAS, to focus the nation=s attention on the importance of recycling, businesses, industries, state agencies, nonprofit organizations, and individuals have joined together to celebrate AAmerica Recycles Day@, and are encouraging their employers, staff, customers, membership and all citizens to start or enhance recycling programs and buy recycled products November 15, 1999, and WHEREAS, participating in America Recycles Day is one way citizens can help raise awareness about the need to reduce waste by reusing, recycling, and buying recycled products, and WHEREAS, recycling saves millions of dollars in disposal costs, creates jobs, and is recognized as an easy REGULAR MEETING - NOVEMBER 8, 1999 179 way for everyone to help protect the environment by avoiding unnecessary use of important resources, and WHEREAS, state and community leaders need to spread the word about the excellent programs they have established, the growth of markets for recyclables, the importance of buying recycled products, the need to expand the collection of recyclable materials, and the benefits of investments in recycling by small and large businesses. NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature, that Monday, November 15, 1999, is hereby proclaimed as AAmerica Recycles Day@. VOTE: Passed 7-0. RESOLUTION NO. 373 Motion by Little, Second by Marvel. RE: APPROVAL OF THE OFFICE FOR THE AGING 2000 ANNUAL IMPLEMENTATION PLAN FOR THE OLDER AMERICANS ACT AND NYS COMMUNITY SERVICES FOR THE ELDERLY PROGRAMS WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan which includes plans for programs operated by the Office for the Aging, and WHEREAS, the plan requires approval by the Schuyler County Legislature before submitting the Plan in 1999, and WHEREAS, the Public Hearing on the Annual Implementation Plan was held on October 1, 1999 at 1:00 P.M., and WHEREAS, none of the Office for the Aging programs will be funded with federal or NYS funds until the plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign those funding applications necessary to carry out the services provided by the Schuyler County Office for the Aging, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign those contracts and agreements necessary to carry out the services provided by the Schuyler County Office for the Aging upon approval of the contract or agreement by the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 374 Motion by Young, Second by Marvel. RE: AMEND 1999 OFFICE FOR THE AGING BUDGET WHEREAS, the Office for the Aging has received additional funding due to Federal budget modifcations. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the Office for the Aging=s 1999 budget as follows: AMOUNT ACCOUNT NUMBER DESCRIPTION + $2,150.00 6772.438 Supplies + 1,476.00 6772.401 Contractual Expenses + 500.00 6772.440 Travel + 4,915.00 6772.100 Personnel + 9,041.00 6772-4772 Federal Funding VOTE: Passed 7-0. RESOLUTION NO. 375 Motion by Young, Second by Marvel. RE: APPROVAL OF ESTABLISHMENT OF OFFICE FOR THE AGING CASE SUPERVISOR GRADE B POSITION WHEREAS, the Office for the Aging will be administering EISEP from the Schuyler County office, and WHEREAS, this program requires the position of a case supervisor, and WHEREAS, this position is funded by EISEP. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve the position of Office for the Aging Case Supervisor Grade B, grade level XXII, determined by the Personnel Officer, for the Office 180 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE of the Aging, for the year 2000 and as long thereafter as EISEP exists in Schuyler County. VOTE: Passed 7-0. RESOLUTION NO. 376 Motion by Young, Second by Marvel. RE: ESTABLISH BUDGET FOR WORK NOW III - DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services received $15,303 for its Work Now III program, and WHEREAS, $8,000 was used to purchase a truck. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the remainder of the Work Now III budget as follows: + $7,303 6010.484 Employment Programs + $7,303 6010-4610 Federal Aid - Administration VOTE: Passed 7-0. RESOLUTION NO. 377 Motion by Little, Second by Hastings. RE: AUTHORIZE TRANSFER OF FUNDS TO MMIS MEDICAL ASSISTANCE - DEPARTMENT OF SOCIAL SERVICES BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds as follows: AMOUNT ACCOUNT DESCRIPTION - $ 30,000 6010.1 Personal Service +$144,000 6102.4 MMIS - $ 40,000 6109.4 Family Assistance - $ 40,000 6123.4 Juvenile Delinquency - $ 34,000 6129.4 State Training Schools VOTE: Passed 7-0. RESOLUTION NO. 378 Motion by Little, Second by Hastings. RE: AUTHORIZE INCREASE IN PETTY CASH FOR DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services is preparing for the possibility of year 2000 computer problems and is requesting an increase in petty cash in order to allow for immediate emergency expenses. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services is hereby authorized to increase its petty cash to $500.00 for a temporary period to run from 12/15/99 through 2/15/2000. VOTE: Passed 7-0. RESOLUTION NO. 379 Motion by Bleiler, Second by Karius. RE: MOTION TO BRING THREE (3) EMERGENCY RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three (3) emergency resolutions be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 380 Motion by Little, Second by Hastings. RE: RESOLUTION DECLARING THE WEEK OF NOVEMBER 7-13, 1999 AS WINTER PREPAREDNESS WEEK WHEREAS, winter in Schuyler County is a reason of unparalleled beauty: Hills fields glistening with the fresh fallen snow. Our citizens can choose from an abundance of recreational activities and cultural events offered here. It also is time when we celebrate the holidays with family, friends and neighbors, and WHEREAS, during this time of snow-covered landscapes and clear, crisp days, citizens of Schuyler County are also aware of the many challenges that confront them. Now is the time for our citizens to take some simple, decisive actions to better prepare them for the winter months ahead, and WHEREAS, many of these actions call for little more than common sense, such as making sure your vehicle is prepared for winter driving conditions and having your furnace, wood stove and chimneys inspected, cleaned and in good working condition. Winter storms and sub-zero temperatures need not disrupt our daily lives, and WHEREAS, all citizens of Schuyler County are urged to take action now to better prepare themselves and their loved ones to meet and conquer the challenges of the upcoming winter season. I have directed the Schuyler County Office of Emergency management to continue working in partnership with the National Weather Service, REGULAR MEETING - NOVEMBER 8, 1999 181 local governments, volunteer agencies and private sector organizations, to educate and assist our neighbors in preparing for the winter months ahead. NOW, THEREFORE, BE IT RESOLVED, that I, Thomas M. Gifford, Chairman of the Schuyler County Legislature, do hereby proclaim November 7-13, 1999 as Winter Preparedness Week in Schuyler County and urge all citizens to heed the advice and information from the emergency management community so that they can enjoy winter with a greater sense of comfort and safety. VOTE: Passed 7-0. RESOLUTION NO. 381 Motion by Little, Second by Hastings. RE: AUTHORIZE FILLING OF PUBLIC HEALTH EDUCATOR POSITION - PUBLIC HEALTH WHEREAS, there is a Public Health Educator position in the Public Health Department that has been vacant for more than 90 days, and WHEREAS, it is necessary to fill this position at this time and there are sufficient fund in the budget to fund said position. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health be hereby authorized to fill the vacant Public Health Educator position at an hourly rate of $13.98 effective immediately. VOTE: Passed 7-0. RESOLUTION NO. 382 Motion by Little, Second by Hastings. RE: DIRECT DISPOSITION - FORMER OWEGO 88 ASSOCIATES TAX FORECLOSURE PARCEL WHEREAS, the County of Schuyler has acquired title to the above-mentioned parcel in consequence of tax foreclosure proceedings conducted pursuant to Article 11 of the Real Property Tax Law, and WHEREAS, the Legislature has determined a disposition for such parcel. NOW, THEREFORE, BE IT RESOLVED, that Tax Map # 86.12-1-28 in the Town of Montour, formerly owned by Owego 88 Associates, be withheld from the 1999 Tax Auction Sale for negotiated disposition, and BE IT FURTHER RESOLVED, that if a firm and final negotiated disposition shall not have been agreed upon by May 1, 2000, said parcel shall be placed for sale in the first tax sale auction of the year 2000, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature, the Schuyler County Treasurer and the Schuyler County Attorney=s Office coordinate all efforts hereunder to dispose of this parcel by negotiated sale. DISCUSSION: Legislator Hastings said she will be voting no on this resolution. The County should have the property put in the tax sale for tax rolls. Legislator Karius said she has thought a lot about the issue and feels this property should not be treated any differently and it should be included in the sale. Legislator Bleiler said he believes that it is his responsibility to look at jobs for the County. It is not a residency and he feels they have every right to treat this property differently. Chairman Gifford asked Attorney Coleman to comment. Attorney Coleman said the County has been careful to maintain its integrity so that they are not faced with disparity leading up to taking the title and treating it differently. All concerns raised bare most pointedly up to the point where the County takes the title, the County now owns these properties. Legislator Marvel said in his opinion the property is commercial and is better left in the hands of SCOPED. Their purpose in their mission statement is to protect jobs or create them, increase economy or assist the County in doing so. He does not see a private investor having that in mind. One good example is a private investor turning it into a warehouse. That will not create jobs. Legislator Bleiler feels we are treating everyone fairly, once we take title, they are forced out of that property and it becomes the County=s. What the County does with the property once it is in our hands is our decision. Legislator Hastings said the property does not belong to the County, it belongs to the taxpayers. The Legislature=s job is to get property back on the tax rolls as soon as possible. She feels in fairness to everyone, they have an obligation to give anyone that opportunity. Legislator Marvel feels the Legislature has an obligation to allow SCOPED to put this property back on the tax rolls as a job related enterprise. This resolution allows for it to go to the next tax auction if nothing viable happens by May 1, 2000. He feels SCOPED needs this opportunity. VOTE: Failed 4-3. Noes: Hastings, Little, Karius. Legislator Bleiler asked the County Attorney what will happen now to this property. Attorney Coleman 182 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE explained that it will stay on the list for the tax sale auction for December 11, 1999. Legislator Hastings suggested a minimum bid of $300,000 be set on the property. There was lengthy discussion on the minimum bid amount. MOTION by Legislator Bleiler to set a minimum bid of $537,000 for this property, SECOND by Legislator Hastings. Motion carried seven ayes to zero noes. REPORT ON STANDING COMMITTEES: Legislator Bleiler reported on the Management and Finance Committee. The committee is still working on the budget, the $MART review, re-classification of the administrative positions and negotiations. Legislator Marvel reported on the Community Development and Natural Resources Committee. He introduced Tim Cullenen as the new Planner for the County. He announced that there will be a Special Meeting of the Community Development and Natural Resources Committee tomorrow at 9:00 a.m. to consider a route for the water/sewer project. The committee will be making a recommendation for a route to the full Legislature. Then a firm needs to be chosen to do a survey and some engineering, and then the users need to be given the pros and cons of the project. Bidding for construction will happen and then the building phase will start. UNFINISHED BUSINESS: None. NEW BUSINESS: The Chairman of the Legislature received a letter from a Richard Voehringer in regards to re-designation of designated wetlands by the New York State Department of Environmental Conservation (DEC). The Clerk read the letter into the minutes. Legislator Hastings said she spoke with Assemblyman Bacalles and he said it is true what the DEC is doing and that a couple of counties are upset. He said that if this Legislature felt strongly about their farmers, they should write a letter to him, Senator Kuhl and the DEC in regard to how this County feels. She would like to see a letter done. MOTION by Legislator Hastings to have the Chairman of the Legislature write a letter to Assemblyman James Bacalles, Senator John R. Kuhl and the DEC in regards to the above matter, SECOND by Legislator Little. Legislator Bleiler feels that the County=s Soil and Water Conservation Committee and the Fish and Wildlife Committee look out for the County. He also feels they should get more information or direction from those committees before they respond. Motion carried six ayes to one no. No: Young. PUBLIC PARTICIPATION: None. The meeting adjourned at 8:00 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING NOVEMBER 17, 1999 The Special Meeting of the Schuyler County Legislature was called to order at 4:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Little and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was excused. PUBLIC PARTICIPATION: Duane Spilde, Director of Public Health/Community Services, indicated that he has additional information relative to his budget. There seems to be a lot of confusion about what is happening with the Public Health budget over a period of years. He reviewed the County=s budget from 1995, with the total County costs for each of the health services offices, including the proposed, revised budget for 2000. Legislator Hastings said that she developed a list of departments that are 5% and under their 1999 budget, and his departments are on that list. Duane said that there have been some cuts made that only saved $7,500 and severely hurt his departments. He would like his budgets to go back to the first revised total County cost of $231,874.00. He wanted to evidence that the costs to the County for these departments have not gone up. The most recent cuts took $45,000 out of personnel, but cut revenues $37,500. SPECIAL MEETING - NOVEMBER 17, 1999 183 Tom Bloodgood, Coordinator of Computer Services, addressed Resolution No. 398, which proposes to remove $4,300 from the Southern Tier Central Regional Planning & Development (STC) Board contract. That action, in effect, cuts that contract in half. There is currently a contract in place with STC for computer related services, for 30 days of time. He pointed out the need for increased training and the ability to provide technical support with in-house. The County hired an in-house coordinator for technical support. Now he is looking at a year to utilize STC for computer training. He cannot underscore enough the increased need for computer training in the next year. There are three computer migrations, from Netware to Server NT, replacing the Mail Package, and moving from the old business software to the Microsoft suite. Employees cannot be given a new tool and not the training to go along with that. The amount proposed to be cut, balanced with the loss of productivity, will not bring the bottom line to a $4,300 savings. He is also aware that there is a perception that he has more time for training. When he hired the Assistant Coordinator of Computer Services, they had full-time needs for technical support and network administration. In a memo addressed to the Legislature dated 10/98, he pointed out three things - a need for planning, technical support and training. To meet these needs, he proposed continuing the contract with STC. This was always a part of the plan. He is not opposed to reviewing the contract with STC on an annual basis, that needs to be done. He has done away with previous contracts because the resources are in-house. He urged the Legislature to leave this money in the budget. STC=s fiscal year is October to October. They already have a contract with Schuyler County passed by resolution of this Legislature a couple of months ago. They have counted on that revenue. Chairman Gifford asked the board where they want to go with this budget. Legislator Larison said he feels the small cuts being made are not going to solve the problem. He feels the Legislature should look at increasing the sales tax to 8%. Legislator Hastings feels the Legislature needs to make cuts to this budget, which may mean changing the way the County does business. She will not support any increase in sales tax. Legislator Bleiler said that the Legislature is not going to get $1 million out of departments. He is not in favor of lay offs. If the Legislators do not act on this budget, the budget as it stands right now is what goes into effect. Almost a million dollars can be derived from an increase in the sales tax, which does not come straight from the Schuyler County taxpayers= pockets. Legislator Marvel said even with the increase in sales tax, the Legislature still needs to reduce spending. He will not vote for an increase in property tax and sales tax. He will look at the sales tax, but not approve increasing both property and sales tax. Nancy Peters, Budget Officer, cautioned the Legislature on using fund balance to reduce the budget. Once fund balance is used, it is very difficult to get away from using it each year. There was discussion on reducing programs. RESOLUTION NO. 383 Motion by Larison, Second by Marvel. RE: RATIFICATION OF SPECIAL MEETING CALL 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. Alterations to the Tentative Budget for 2000 2. Resolutions Pertaining to the Water & Sewer Extension Project VOTE: Passed 8-0. RESOLUTION NO. 384 Motion by Hastings, Second by Little. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - COUNTY CLERK BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 20,000 1410-1255 County Clerk Fees VOTE: Passed 8-0. RESOLUTION NO. 385 Motion by Hastings, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 MEDICAID - FAILED 184 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $150,000 6102.400 MMIS - Medical Assistance DISCUSSION: Legislator Young asked why the Legislature is considering this after the Commissioner of Social Services advised against decreasing Medicaid. Legislator Hastings said that she called Steuben County and they increased their Medicaid budget by 5%. She also called Chemung County and they increased theirs 7.7%. She feels this cut is fair. Bill Weiss, Social Services Commissioner, was asked to address this issue. He advised that Steuben County has another source for Medicaid which is their nursing home. Their increase would be greater, more like 12%, if they had not used $640,000 of tobacco settlement funds to offset the growth in Medicaid local share. He recommended against cutting Medicaid for year 2000. VOTE: Failed 4-4. Noes: Young, Bleiler, Larison, Gifford. RESOLUTION NO. 386 Motion by Little, Second by Marvel. RE: AUTHORIZE INTENT OF BONDING FOR HIGHWAY DEPARTMENT AND USE OF MACHINERY FUND BALANCE FOR EQUIPMENT PURCHASES - AS AMENDED WHEREAS, the Highway Department has certain equipment needs for the year 2000, and WHEREAS, the Highway Department has $52,000.00 in unexpended funds in its Machinery Fund Balance. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to appropriate $39,375.00 of Machinery Fund Balance to the 2000 budget. DISCUSSION: Legislator Bleiler said he will support this, but he feels they are working against building the Machinery fund balance as planned. VOTE: Passed 8-0. RESOLUTION NO. 387A Motion by Young, Second by Marvel. RE: AUTHORIZATION TO AMEND RESOLUTION NO. 387 - FAILED BE IT RESOLVED, that Resolution No. 387 be amended to reduce all Legislators salaries by $1,000 in addition to the $5,000 decrease in the Chairman=s salary. DISCUSSION: Legislator Bleiler said he opposes this since he is not supportive of the County administrator position. Legislator Marvel feel this indicates to the departments that the Legislators are willing to make a sacrifice along with the departments. Legislator Bleiler feels this is not even going to start addressing the problem with the budget, and the problem is with the revenue side of this budget. Legislator Marvel disagreed, stating there are areas where spending can be reduced. Legislator Hastings Acalled for the vote.@ VOTE: Failed 4-4. Noes: Karius, Bleiler, Larison, Gifford. RESOLUTION NO. 387 Motion by Little, Second by Hastings. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 LEGISLATURE BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 5,000 1010.100 Personal Services (Chairman=s Salary) VOTE: Passed 5-3. Noes: Young, Bleiler, Larison. RESOLUTION NO. 388 Motion by Little, Second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 LEGISLATURE BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 1,000 1010.409 Conference Expense VOTE: Passed 8-0. RESOLUTION NO. 389 Motion by Little, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 LEGISLATURE SPECIAL MEETING - NOVEMBER 17, 1999 185 BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 500 1010.430 Mileage VOTE: Passed 8-0. RESOLUTION NO. 390 Motion by Little, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 LEGISLATURE BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 5,000 1010.459 Training VOTE: Passed 8-0. RESOLUTION NO. 391 Motion by Hastings, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 TREASURER BE IT RESOLVED, that the County Treasurer be hereby authorized to appropriate $2,300 of General Fund Balance for monies not used in 1999 from Treasurer account no. 1325.459-Training. VOTE: Passed 8-0. RESOLUTION NO. 392 Motion by Little, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - COUNTY CLERK BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 500 1410.431 Office Supplies VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 393 Motion by Hastings, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - COUNTY ADMINISTRATOR BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 1,400 1230.207 Computer VOTE: Passed 8-0. RESOLUTION NO. 394 Motion by Little, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 PERSONNEL BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 400 1430.429 Medical Supplies & Expense VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 395A Motion by Bleiler, Second by Young. RE: AUTHORIZATION TO TABLE RESOLUTION NO. 395 BE IT RESOLVED, that Resolution No. 395 be tabled. VOTE: Passed 5-3. Noes: Little, Marvel, Hastings. RESOLUTION NO. 395 Motion by Little, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 PERSONNEL - TABLED BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 500 1430.426 Maintenance of Equipment 186 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 396 Motion by Hastings, Second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 PERSONNEL BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 550 1430.459 Training VOTE: Passed 7-1. No: Larison. RESOLUTION NO. 397 Motion by Little, Second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 PERSONNEL BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 600 1430-1260 Personnel Fees VOTE: Passed 8-0. RESOLUTION NO. 398 Motion by Little, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - CENTRAL DATA PROCESSING - FAILED BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 4,300 1680.400 Contractual Expense (STCRP & D Board Contract) DISCUSSION: Legislator Larison feels the Legislature needs to keep this contract, spending money on computers and not on training does not make sense. Legislator Marvel feels even with this cut, there will be enough money left for adequate training. Legislator Bleiler said the cost for this contract is the same as in 1999, this item is not inflating the budget. He also noted that this contract was approved by resolution of this Legislature. Legislator Hastings Acalled for the vote.@ VOTE: Failed 4-4. Noes: Young, Bleiler, Larison, Gifford. RESOLUTION NO. 399 Motion by Little, Second by Hastings. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - SHERIFF BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 24,357 3110.100 Personal Services VOTE: Passed 8-0. RESOLUTION NO. 400 Motion by Little, Second by Bleiler. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - SALES TAX - FAILED BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 50,000 1010-1110 State Admin. Sales & Use Tax VOTE: Failed 4-4. Noes: Little, Karius, Marvel & Hastings. RESOLUTION NO. 401 Motion by Little, Second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - OTHER ECONOMIC OPPORTUNITY/DEVELOPMENT BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 2,214 6989-2389 Other Home & Community Service (SCOPED Rent) VOTE: Passed 7-1. No: Young. RESOLUTION NO. 402 Motion by Hastings, Second by Young. SPECIAL MEETING - NOVEMBER 17, 1999 RE: 187 AUTHORIZE THE SCHUYLER COUNTY LEGISLATURE TO PROCEED WITH OPTION A FOR THE WATER AND SEWER EXTENSION PROJECT FROM WATKINS GLEN VIA COUNTY ROUTE 17 AND WEDGWOOD ROAD WHEREAS, the Community Development and Natural Resources Committee met Tuesday, November 9, 1999 to decide upon an option for the water and sewer extension project, and WHEREAS, the committee=s recommendation to the full Legislature is to proceed with Option A from Watkins Glen via County Route 17 and Wedgwood Road. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will hereby proceed with Option A for the water and sewer extension project in the Town of Dix and further directs the Community Development and Natural Resources Committee to work with SCOPED to facilitate Option A. DISCUSSION: Legislator Marvel explained that the Community Development and Natural Resources Committee reviewed three different options for the water and sewer extension project. At that time, they had a resolution from the Town of Dix, Village of Watkins Glen and letter from the Village of Montour Falls, indicating their willingness to participate. The Town of Dix was willing to take over the project once completed, and the Village of Watkins Glen was willing to participate in providing service with no contingencies. The Village of Montour Falls was willing to provide service with contingencies. Route A is to take the water from Old Corning Road across County Route 16 until it meets Wedgwood Road and come into the rear of the racetrack. Route B would have sewer coming from the Village of Watkins Glen and water coming from the Village of Montour Falls. Route C proposed both water and sewer up State Route 329 to Meads Hill Road across County Route 16 into the rear of the racetrack. Route A is the recommendation for the project, taking into consideration the contingencies from the Village of Montour Falls and the number of participants along the route. Legislator Young asked at what point the Planning Commission becomes involved with the project. Susan Payne stated the Planning Commission becomes involved once the mapping and environmental assessment is done. VOTE: Passed 8-0. RESOLUTION NO. 403 Motion by Hastings, Second by Young. RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERING TO DEVELOP AN AERIAL SURVEY AND MAP FOR OPTION A FOR THE WATER AND SEWER EXTENSION PROJECT IN THE TOWN OF DIX WHEREAS, there is a need to hire an engineer to develop an aerial survey and map for the water and sewer extension project in the Town of Dix, and WHEREAS, Hunt Engineering has been working on this project with SCOPED and is prepared to do this survey, and WHEREAS, state appropriated funds will reimburse the County for this expense. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes a contract with Hunt Engineers in the amount not to exceed $17,900 to perform an ariel survey and map, and BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to amend the 1999 budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION + $17,900 6989.435-6980 Water and Sewer WGI - Professional Fees/Svcs. + $17,900 6989-3789-6980 Water and Sewer WGI - Other Economic Opportunity and Assistance VOTE: Passed 8-0. RESOLUTION NO. 404 Motion by Hastings, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - PUBLIC HEALTH BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 20,000 4010-1610 Home Nursing Charges VOTE: Passed 8-0. 188 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 405 Motion by Marvel, Second by Bleiler. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - STATE RETIREMENT BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 14,900 9010.801 State Retirement VOTE: Passed 8-0. RESOLUTION NO. 406 Motion by Marvel, Second by Bleiler. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - COUNTY ATTORNEY BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 1,793 1420-1265 Attorney Fees VOTE: Passed 8-0. RESOLUTION NO. 407 Motion by Bleiler, Second by Hastings. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - OFFICE FOR THE AGING BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 22,000 6772.204 Car VOTE: Passed 8-0. The meeting adjourned at 5:48 p.m. Gail M. Hughey, Clerk SPECIAL MEETING NOVEMBER 29, 1999 The Special Meeting of the Schuyler County Legislature was called to order at 4:00 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. All Legislators were present except Legislator Marvel who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: Charles Albro spoke in support of the County administrator position and the increase to 8% sales tax. He feels both of these actions would enhance the County. Sue Brill said she is not sure of the connection between the County administrator position and the sales tax. Legislator Karius explained that if there is enough support for a County administrator, there can be a trade off on the 1% increase in the sales tax. This is to try and get the Legislature together to work as a team. She is getting more and more calls from her constituents to support the increase in the sales tax. Sue Brill noted the14% increase in the property tax, and asked the Legislature what they planned to do. Chairman Gifford explained that they are here this afternoon to discuss further alterations. RESOLUTION NO. 408 Motion by Young, Second by Bleiler. RE: RATIFICATION OF SPECIAL MEETING CALL 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 item of business: 1. Alterations to the Tentative Budget for 2000 VOTE: Passed 7-0. RESOLUTION NO. 409 Motion by Hastings, Second by Bleiler. SPECIAL MEETING - NOVEMBER 29, 1999 RE: 189 ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 HIGHWAY BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 500 5010.206 Chair - $ 600 5010.278 Computer Software - $ 50 5010.328 Cellular Phone - $ 50 5010.407 Books & Subscriptions - $ 100 5010.409 Conference Expense - $ 200 5010.431 Office Supplies - $2,000 5010.434 Printing - County Maps VOTE: Passed 7-0. RESOLUTION NO. 410 Motion by Bleiler, Second by Hastings. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 LEGISLATURE BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $310,000 1010-2690 Compensation for Loss (Tobacco Settlement) VOTE: Passed 7-0. RESOLUTION NO. 411 Motion by Little, Second by Hastings. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 TOBACCO SETTLEMENT BE IT RESOLVED, that the County Treasurer be hereby authorized to appropriate $116,000 of General Fund Balance for monies to be received in 1999 from the Tobacco Settlement. VOTE: Passed 7-0. RESOLUTION NO. 412 Motion by Karius, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 MUNICIPAL ASSOCIATION DUES BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 47.00 1920.404 New York State Association of Counties (NYSAC) VOTE: Passed 7-0. RESOLUTION NO. 413 Motion by Bleiler, Second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - REFUSE COLLECTION & DISPOSAL - FAILED WHEREAS, a total of $1,323 was donated from the Towns of Hector, Reading and Dix and the Villages of Montour Falls and Watkins Glen for a 1999 Tire Collection Day, as well as $150 donated by participants, such money being deposited in the Schuyler County general fund for the specific purpose of another tire collection day, and WHEREAS, Charles Franzese, Chairman of the Environmental Management Council (EMC), on behalf of the EMC, requested $2,975 to be allocated by the Schuyler County Legislature for a Household Hazardous Waste Collection Day to be held in the year 2000. NOW, THEREFORE, BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 2,975 8160.346 Waste Pesticide Collection Day, and 190 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to appropriate $1,473 of General Fund Balance from monies not used in 1999 from Refuse Collection & Disposal account no. 8160.346Waste Pesticide Collection Day. VOTE: Failed 4-3. Noes: Karius, Hastings, Little. RESOLUTION NO. 414 Motion by Bleiler, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - CIVIL SERVICE/PERSONNEL BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 400 1430.429 Medical Supplies & Expense DISCUSSION: Legislator Bleiler explained that these expenses are for certain civil service testing requirements, i.e. physical exams for police officers, and for federally required random drug testing. VOTE: Passed 7-0. RESOLUTION NO. 415 Motion by Hastings, Second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 SHERIFF=S DEPARTMENT BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 3,000 3111.281 Boat, Trailer, Motor - $ 10,000 3150.454 Food + $ 2,000 3110-1510 Sheriff Fees - $ 1,710 3111-3315 State Aid Navigation DISCUSSION: It was understood that the Budget Officer is authorized to make any necessary adjustment to the revenues for Navigation as a result of this resolution. VOTE: Passed 6-1. No: Larison. RESOLUTION NO. 416 Motion by Karius, Second by Hastings. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - SOCIAL SERVICES - FAILED BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$11,000 6010.394 CPS Legal Contract DISCUSSION: Legislator Bleiler asked Bill Weiss, Social Services Commissioner, to address this resolution. Mr. Weiss explained that when he looked at the number of hours performed by this attorney, it figured out he was getting paid $70-75 per hour. This is an extremely low fee. $125-150 is the average rate. As a result, the Department is not getting the representation in court. The attorney works for the County, representing Social Services, and presenting the best interest of the children in family court. They are trying to get a good attorney in court so the best decision for the child is made. Legislator Hastings feels the County is full of attorneys, and capable ones. She cannot justify a $40,000 salary for one attorney when the County has a part-time District Attorney getting paid less than that. The District Attorney=s office workload is extremely full and they need more help. Legislator Bleiler asked Mr. Weiss if the legal fees are offset by state aid. Mr. Weiss said yes, hopefully 100% under the cap. The Department just received the allocations today. The worse case scenario would be a 25% local share. Legislator Larison said if there is an unfair situation with the District Attorney, then they should address that. VOTE: Failed. 4-3. Noes: Young, Bleiler, Larison. MOTION by Larison, SECOND by Young to bring Resolution No. 395 off the table. Motion carried seven ayes to zero noes. RESOLUTION NO. 395 Motion by Larison, Second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 PERSONNEL PUBLIC HEARING - DECEMBER 6, 1999 191 BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 500 1430.426 Maintenance of Equipment VOTE: Passed 7-0. PUBLIC PARTICIPATION: Ken Bell said he has been keeping up on the Legislature=s work on the budget and appreciates the fact that this process is difficult. He feels a 14% property tax increase is way out of line. He also feels if there is an increase in sales tax, there will be a loss of businesses in the County. MOTION by Larison, SECOND by Bleiler to go into Executive Session to discuss negotiations. Vote passed 7-0. MOTION by Bleiler, SECOND by Larison to come out of Executive Session. Vote passed 7-0. The meeting adjourned at 5:44 p.m. Gail M. Hughey, Clerk PUBLIC HEARING DECEMBER 6, 1999 The Public Hearing on the Tentative 2000 budget was called to order at 7:30 p.m. by Chairman Gifford. All Legislators were present except Legislator Little who was absent. County Attorney Coleman was excused. Chairman Gifford explained that this hearing is not a debate and asked that any questions be directed to Legislator Bleiler. Legislator Bleiler thanked everyone for coming. The budget is a product of all the departments within this County. The departments spend it and use it, and it is also a product of this Legislature. The budget presented tonight is a tentative budget. The Legislature has scheduled more budget workshops for this week. He reminded everyone that a budget is a balancing act, a guess on how much money will be coming in and will be spent. State aid is a good example of this. It was not until today that the County received some data from the State about their 1999 budget. Legislator Bleiler then reviewed a presentation on overhead transparencies comparing 1996-2000 statistics titled, ATotal Authorized Debt@, ASales Tax Revenue@, AState Aid@, AFederal Aid@, ATaxable Assessed Full Value@, AProperty Tax Levy@, ATax Rate@, ADepartmental Costs@, ADepartmental Tax Share@, and APayroll Costs@. Casey Creamer asked for an explanation of Interfund Transfers. The Treasurer explained that those funds are for the Highway Department. Instead of raising funds separately, there is a transfer from the general fund to the highway fund if necessary. It shows up in the budget as an expense in the general fund and a revenue in the County road fund. This is a wash. Bill Elkins spoke in favor of the sales tax increase which would eliminate the tentative 14% increase in the tax levy. He feels the two main industries in Schuyler County are agriculture and tourism. He also feel the increase in property taxes is especially hard on the farmers, and encouraged the Legislature not to raise taxes. Legislator Bleiler informed the public that there will be a public hearing held December 14, 1999 at 7:30 p.m. to discuss the proposed increase in sales tax. Sharon Bingell asked if there are any other alternatives being considered by the Legislature at this time to reduce the budget, other than the sales tax. Legislator Bleiler stated that the Legislature has spent weeks and hours looking at every line item to figure that out. All Legislators have had equal opportunity to question or motion to change the budget. They will continue to work hard. Legislator Hastings thanked her Public Safety/Criminal Justice Committee, the Sheriff and the Probation Director for cutting their budgets, perhaps too much. She feels this budget could have been cut more, that it could be lowered to a cost of living increase. It is up to the Legislature to do this. Legislator Bleiler stressed the fact that budgets should not be under-estimated. There are always bills that have to be paid at the end of the year. 192 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Legislator Marvel said he agrees with Legislator Hastings, the Legislature still has some room to lower the budget as it is and will have more meetings to discuss that. He hopes they come to a consensus. Kenneth Bell feels that the Legislature has worked hard and now it is time to face the rocky road. He feels the County is spending more money then they have to spend. He feels the expenditures should be looked at carefully and questioned. Ben Dickens asked how much of the 1999 surplus is being used to reduce taxes. Legislator Bleiler said around $230,500. Ben asked the Legislature if they might consider scheduling their public hearing meetings around town board meetings. Chairman Gifford explained that there are time restraints that make it impossible. Mr. Dickens stated that the second Tuesday of the month is when almost all town boards meet and the Sales Tax hearing is scheduled for that night again. He expressed his support for increasing the sales tax. Sue Brill asked Legislators Marvel and Hastings where they felt the budget could be lowered. Legislator Bleiler said that there are more budget workshops scheduled that are open to the public. He noted that per State Law the tentative budget becomes legal after December 20, 1999. Sheriff Michael Maloney thanked the Legislature for working with the departments heads, and understands there were some tough decisions made. He feels the Legislators job is a thankless one. He feels, together, they have brought the budget down to where it is and they can continue to work together to reduce it more. He has taken hits in his budget and would like to request that his one dispatcher position be placed back in the budget if the budget gets lowered to a reasonable percentage. He feels that position affects the public safety of the County. The Public Hearing adjourned at 8:15 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk REGULAR MEETING DECEMBER 13, 1999 The December 13, 1999 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except for Legislator Hastings who was excused. County Attorney Coleman was also present. Chairman Gifford announced that there would be five emergency resolutions coming to the floor tonight. PUBLIC PARTICIPATION: Bob Burnside stated that he did not agree with reducing the total salary of Chairman to $10,000. He feels that the current $15,000 salary is not out of line. Casey Creamer stated a number of issues with regard to raising the sales tax. Some businesses feel that it will chase a lot of consumers away. He feels that he has to go out of the County most of the time because a lot of the merchants are spending too much time on the sales tax issue and not enough time on customers. He went to the mall and noticed a lot of Pennsylvania license plates. In Pennsylvania, there is no sales tax on clothing. That is a good indication that most people do not shop specifically where the sales tax is cheaper. Casey further stated that if property taxes were increased, he would have to pay more and if the sales tax is raised, he will also have to pay more money. However, the tourists will have to pay too. Casey feels that it is not as tough for people to come up with the increase in the sales tax, but property tax is tough to come up with. He feels the sales tax is less burdensome than property tax. Bob Burnside realizes the options for extra revenue are limited. By knowing the departmental managers here in the County, he feels very strongly that they have done the best they can with their budgets. They always have in the past. PRESENTATION BY BOB MINCEMOYER, CEO, SCHUYLER HOSPITAL: Mr. Mincemoyer highlighted all the problems with the current set-up at the hospital including crowding, no privacy, congestion, etc. The Hospital is currently undergoing renovations, such as, expanding the waiting room, REGULAR MEETING - DECEMBER 13, 1999 193 updating the nurses station that gives direct access to all rooms, improving the area for lab work, etc. One of the first phases of the renovations will be the parking lot. A new parking lot has been built on the new access road by the Skilled Nursing Facility. This is to shift staff parking away from the main entrance so that patients and families will be closer to the facility. There will be an addition, as well as renovations, to the current facility. The total project cost is $1.6 million, which includes $200,000 for medical equipment, furnishings and furniture. Some of the finances used will be $500,000 from equity, $600,000 from loans, and the rest from fund raising/donors. The hospital has received some significant pledges. Mr. Mincemoyer presented statistics on patients treated, care given, surgeries, admittances, and x-rays. The estimated completion date for the project is May 2000 and the project is currently running on schedule. An important note that Mr. Mincemoyer stated was that there would be no disruption or elimination of services while conducting this project. The hospital is communicating very well with rescue squads and others during this process. The capital campaign members for the hospital are Lloyd Cotton and Tony Pulos, and the Co-chairs are Bill Peters and Ken Wilson. The hospital is hopeful that the community, Legislature and industries will do what they can to contribute toward this project. Dr. Klick stated that part of the reason for remodeling the emergency room is for patient visibility. Critically ill patients are often times placed in the back room and sometimes the physician has to be in another room. This is not a good situation if the patient starts to fail. Additionally, more privacy is needed between the rooms. RESOLUTION NO. 417 Motion by Young, Second by Marvel. RE: APPROVE MINUTES OF THE NOVEMBER 8, 1999 REGULAR MEETING, AND THE NOVEMBER 17 AND NOVEMBER 29, 1999 SPECIAL MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November 8, 1999 Regular Meeting, and the November 17 and 29, 1999 Special Meetings of the Schuyler County Legislature be approved. VOTE: Passed 6-0. Abstain: Larison. RESOLUTION NO. 418 Motion by Karius, Second by Young. RE: AUTHORIZE AMENDED CONTRACTS - SPECIAL CHILDREN=S CENTER NAME CHANGE TO FRANZISKA RACKER CENTER - PUBLIC HEALTH WHEREAS, the Special Children=s Center in Ithaca changed their name to Franziska Racker Centers. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the amendment of Agreements with the Special Children=s Center to read Franziska Racker Centers and the Chairman of the Legislature to sign the same; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 419 Motion by Karius, Second by Young. RE: AUTHORIZE AGREEMENT WITH DR. ANN CHAFFEE FOR RABIES CLINICS - PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Department performs rabies clinics for Schuyler County residents and Dr. Ann Chaffee assists in the operation of these services at the rate of $25.00 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Director of Public Health/Home Health be hereby authorized to execute, and the Chairman of the Legislature be authorized to approve an ongoing contract with Dr. Ann Chaffee at the rate of $25.00 per hour, effective January 1, 1999 through December 31, 1999; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 420 Motion by Karius, Second by Young. RE: AUTHORIZE INCREASING THE POSITION OF DIRECTOR OF PATIENT SERVICES TO FULL-TIME AND ABOLISH THE SUPERVISING PUBLIC HEALTH NURSE POSITION - PUBLIC HEALTH WHEREAS, the Director of Patient Services position and the Supervising Public Health Nurse position are both half-time in the Public Health Department, and WHEREAS, it is desirous to increase the Director of Patient Services position to full-time and abolish the Supervising Public Health Nurse position, incorporating the duties of the Supervising Public Health Nurse position into the Director of Patient Services duties. 194 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Patient Services position be increased from half-time to full-time and abolishes the Supervising Public Health Nurse position in the Public Health Department, and BE IT FURTHER RESOLVED, that this Legislature hereby acknowledge the appointment by Duane Spilde, Director of Public Health, of Marcia Kasprzyk as Director of Patient Services, effective December 14, 1999 at an annual 1999 salary of $37,700. VOTE: Passed 7-0. RESOLUTION NO. 421 Motion by Little, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FOR SOCIAL SECURITY AND DISABILITY - MACHINERY FUND WHEREAS, there are insufficient funds in the Machinery Social Security and Disability accounts to cover the 4th quarter, and WHEREAS, the Highway Superintendent and Public Works Committee has agreed that there are excess funds in account no. 5130.100 - Machinery Regular Payroll to cover said shortage. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer funds in the Machinery fund, as follows: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $500.00 Account no. 5130.100-Regular Payroll Account no. 9030.802-Social Security $ 49.75 Account no. 5130.100-Regular Payroll Account no. 9055.806-Disability VOTE: Passed 7-0. RESOLUTION NO. 422 Motion by Little, Second by Larison. RE: AUTHORIZE LEASE AGREEMENT WITH SCOPED FOR 2000 - BUILDINGS AND GROUNDS WHEREAS, Schuyler County Partnership for Economic Development (SCOPED) is still interested in renting space at the Rural Urban Center on a month-to-month basis for the year 2000, and WHEREAS, the monthly rental cost will be $400.50 for 534 square feet of space. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned agreement, subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Young is concerned with SCOPED moving their office. She hopes that this proposal will be re-examined since the Legislature hired them and formed a contract with them for economic development. The cost of the move may be more than this County would like to spend. VOTE: Passed 7-0. RESOLUTION NO. 423 Motion by Little, Second by Larison. RE: AUTHORIZE USE OF CAPITAL FUNDS FOR WINDOW TREATMENTS AT RURAL URBAN CENTER - BUILDINGS AND GROUNDS WHEREAS, the Rural Urban Center is in need of window treatments, and WHEREAS, funding is available from the capital project bonding that was approved by Resolution 221-98. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized to purchase whatever materials are necessary for the window treatments at the Rural Urban Center from capital account 004.1620.207, and BE IT FURTHER RESOLVED, that it is understood the Buildings and Grounds Department will be providing all labor necessary to complete this project and the costs for this project will not exceed the available funds in capital account 004.1620.207. VOTE: Passed 7-0. RESOLUTION NO. 424 Motion by Little, Second by Larison. RE: AUTHORIZE LEASE AGREEMENT WITH WATKINS GLEN INTERNATIONAL FOR 2000 BUILDINGS AND GROUNDS WHEREAS, Watkins Glen International is still interested in occupying two suites in the Rural Urban Center on a month-to-month basis for the year 2000, and REGULAR MEETING - DECEMBER 13, 1999 195 WHEREAS, the monthly rental cost will be $1,186.50 for approximately 1,582 square feet of space. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned agreement, subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Young asked if the space will be rented to someone else. Chairman Gifford noted that there are two potential tenants for the Rural Urban Center, other than the Youth Bureau. VOTE: Passed 7-0. RESOLUTION NO. 425 Motion by Little, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FOR SENECA HARBOR PARK BUDGET - BUILDINGS AND GROUNDS WHEREAS, Buildings and Grounds has developed a 1999 budget for Seneca Harbor Park, and WHEREAS, there are insufficient funds in the personnel account 7110.100, and WHEREAS, there are also insufficient funds in the utilities account 7110.442. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to transfer funds, as follows: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $3,000 Buildings account no. 1620.100 Seneca Harbor Park account no. 7110.100 $ 600 Buildings account no. 1620.442 Seneca Harbor Park account no. 7110.442. VOTE: Passed 7-0. RESOLUTION NO. 426 Motion by Larison, Second by Little. RE: AUTHORIZE SOLICITATION OF QUOTES FOR FORESTER TO ADMINISTER THE HARVEST OF COUNTY-OWNED FOREST IN THE TOWN OF ORANGE AND BID FOR THE SALE OF TIMBER BUILDINGS AND GROUNDS WHEREAS, timber in the County-owned forest, which have matured to marketable size, needs to be harvested, and WHEREAS, a qualified forester is needed to mark the trees and oversee the harvesting of said trees to meet the national standard of Sustainable Forest Initiative (SFI). NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to solicit quotes for a forester to administer the harvest of County-owned forest in the Town of Orange, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor, in conjunction with the Forester, be authorized to advertise and obtain bids for the marketable trees, and BE IT FURTHER RESOLVED, that said bids will be opened at a public meeting, time to be determined at a later date, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign any and all documents pertaining to hiring of the Forester with approval of the Schuyler County Attorney. DISCUSSION: Legislator Young is curious where the County lands are and if they are off the Chambers Road which is presently closed. Legislator Larison stated that the land is on a seasonal road. Legislator Young said that there are people that live at both ends of the road. She is concerned with the impact on the town if there are going to be lumber trucks up and down the roads. She asked if anyone has spoken with the town. Legislator Larison stated that it did not occur to him that the County should have spoken with them. The town will have to maintain the road, however if the trucks cause damage to the road, they will be responsible for the damages. Legislator Young stated that she would like to see that the Supervisor for the Town of Orange receive some sort of letter stating what is happening and that there will be every effort to not tear up the roads. Legislator Marvel reassured Legislator Young that the Community Development and Natural Resources Committee has stated their concern about erosion and protection against damage of property and returning the property to its original state as much as possible. Legislator Larison stated the reason for hiring a forester is to represent the best interests of the County and Town. Legislator Bleiler commented that the roads should be posted for a certain amount of weight and the truck agencies would have to get a waiver from the town if needed. VOTE: Passed 7-0. 196 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 427 Motion by Larison, Second by Little. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2000 AND RELATED CONTRACTS WHEREAS, the Schuyler County Youth Bureau has prepared a resource allocation plan for the year 2000 and recommends approval thereof, and WHEREAS, the County Comprehensive Plan has been presented to the County Legislature. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler County Youth Bureau for the year 2000, subject to the approval of the Schuyler County Attorney, as follows: American Red Cross of Chemung/Schuyler County Cornell Cooperative Extension/Schuyler County CASA of Chemung/Schuyler County Literacy Volunteers of the Central Southern Tier Catholic Charities of the Southern Tier Council on Alcoholism of the Finger Lakes Region VOTE: Passed 7-0. RESOLUTION NO. 428 Motion by Little, Second by Marvel. RE: AUTHORIZE APPOINTMENT TO THE OFFICE FOR THE AGING ADVISORY COUNCIL WHEREAS, there is a vacancy on the Office for the Aging Advisory Council due to the resignation of Bonnie Herzig. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approve the appointment of Marie Jimmerson as the Schuyler Arc representative to the Office for the Aging Advisory Council to fill the vacancy created by Bonnie Herzig, effective immediately and expiring 12/31/2000. VOTE: Passed 7-0. RESOLUTION NO. 429 Motion by Little, Second by Marvel. RE: SUPPORT AUTHORIZING NEW YORK STATE LEGISLATION TO CONTINUE THE SOUTHERN TIER REGIONAL SPECIAL NEEDS PROJECT WHEREAS, Resolution No. 429-97 authorized the Chairman to enter into a Memorandum of Agreement between Chemung, Schuyler, Steuben and Allegany Counties for the Southern Tier Regional Special Needs Project, and WHEREAS, current authorizing New York State Medicaid Managed Care legislation sunsets 7/1/2000, and WHEREAS, in order for current planning efforts to be successful, continuing enabling State legislation needs to be passed. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby indicates its support for State legislation that will enable the Southern Tier Regional Special Needs Project process to continue, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Senator John R. Kuhl, Jr., Assemblyman James Bacalles, and the Legislative Clerks in the Counties of Chemung, Steuben and Allegany. VOTE: Passed 7-0. RESOLUTION NO. 430 Motion by Little, Second by Marvel. RE: AUTHORIZE APPOINTMENT OF ASSISTANT MOBILE WORK CREW SUPERVISOR PROVISIONALLY - SOCIAL SERVICES WHEREAS, the Department of Social Services Assistant Mobile Work Crew Supervisor=s temporary appointment expires 12/31/99, and WHEREAS, the Department has been advised by Civil Service/Personnel, that it is not possible to make another temporary appointment to this position, but that a provisional appointment would be appropriate, and WHEREAS, the Department remains very much in need of the Assistant Mobile Work Crew Supervisor=s services to enable the Department to meet its performance standards. REGULAR MEETING - DECEMBER 13, 1999 197 NOW, THEREFORE, BE IT RESOLVED, that Cliff Price be provisionally appointed to the position of Assistant Mobile Work Crew Supervisor, said position funded by the New York State Department of Labor grant funds at no cost to the County. VOTE: Passed 7-0. RESOLUTION NO. 431 Motion by Larison, Second by Little. RE: AUTHORIZE CONTRACT WITH INDUSTRIAL MEDICAL ASSOCIATES FOR MEDICAL/ PSYCHOLOGICAL ASSESSMENT - SOCIAL SERVICES WHEREAS, the Department of Social Services has a number of clients who claim to be unable to work due to physical or mental ailments, and WHEREAS, the Department has been having difficulty obtaining objective medical/psychological assessments from local providers, and WHEREAS, the Department has received a proposal from Industrial Medical Associates to provide said assessments, and WHEREAS, the Department will cover most of the expense of these services through Medicaid billing. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract, on behalf of the Department of Social Services, with Industrial Medical Associates for necessary medical/psychological exams for the term January 1, 2000 through December 31, 2000 at a cost of $1,500. It is understood that the local share will not exceed $1,000. VOTE: Passed 7-0. RESOLUTION NO. 432 Motion by Larison, Second by Little. RE: SET DATE - 1999 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 1999 for the Schuyler County Legislature be held on Thursday, December 30, 1999, in the Legislative Chambers at 4:30 p.m. and that appropriate legal notice be published in the official newspaper of the County. VOTE: Passed 7-0. RESOLUTION NO. 433 Motion by Larison, Second by Little. RE: SET DATE - 2000 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the 2000 Organizational Meeting of the Schuyler County Legislature shall be held on Monday, January 3, 2000 in the Legislative Chambers at 4:30 p.m. and that appropriate legal notice be published in the official newspaper of the County. VOTE: Passed 7-0. RESOLUTION NO. 434 Motion by Karius, Second by Little. RE: AUTHORIZING 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, 1999 through September 31, 1999, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto. VOTE: Passed 7-0. RESOLUTION NO. 435 Motion by Karius, Second by Little. RE: MODIFICATION OF COUNTY LEGISLATURE=S RULES OF PROCEDURE WHEREAS, notice of modification of Rule 14 was given in accordance with Rule 29. NOW, THEREFORE, BE IT RESOLVED, that the County Legislature=s Rules of Procedure be modified effective immediately, as follows: RULE 14 PRESENTATION AND WITHDRAWAL OF MOTIONS AND RESOLUTIONS: The term resolution as herein used shall mean a formal proposed action in writing. Any proposed action given orally from the floor shall be deemed a motion. 198 Mortgage Tax Page 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE REGULAR MEETING - DECEMBER 13, 1999 199 A Committee Motion may be withdrawn by the sponsor and second at any time prior to a vote. A resolution passed by Committee and pending before the Legislative Resolution Review Committee may be withdrawn by the Chairman of the Committee of origin on consent of the Committee sponsors. During a session of the Legislature, no motion or resolution shall be debated until seconded. After a motion or resolution is made and seconded, it shall be deemed to be in the possession of the Legislature and open for debate. A motion or resolution may be withdrawn or altered at any time by the two members who sponsored it prior to formal vote or amendment. The names of the members who offered and seconded the motion or resolution shall be entered in the proceedings by the Clerk. All resolutions memorializing action on pending legislation by the State Legislature shall be identified by setting for the Assembly or Senate Introductory Number of the Legislature. VOTE: Passed 7-0. RESOLUTION NO. 436A Motion by Larison, Second by Young. RE: MOTION TO AMEND RESOLUTION NO. 436 - FAILED BE IT RESOLVED, that Resolution No. 436 be amended to leave the salary of the Chairman of the Legislature at $10,000 for the year 2000. DISCUSSION: Legislator Bleiler said until such time a County Administrator is in place, he does not feel that $15,000 is too much for the Chairman to earn. He would like to see the salary remain its current until that time. Legislator Larison agreed and stated that the Chairman will probably spend a lot of time working with the Administrator. Legislator Bleiler will support the resolution because Chairman Gifford supports it. VOTE: Failed 3-4. Noes: Karius, Marvel, Little, Gifford. RESOLUTION NO. 436 Motion by Karius, Second by Little. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 1999 - SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2000 WHEREAS, the Schuyler County Legislature has reduced its Tentative Budget for the Year 2000 by $5,000 as it relates to the salary for the Chairman of the Legislature, and WHEREAS, County Law Sections 200 and 201 permit and require the Legislature to set the salaries of all officials paid from County funds. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 1999, 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 January 10, 2000 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 4 OF THE YEAR 1999 A Local Law Setting the Salary for the Chairman of the Legislature for the Year 2000. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salary for the Chairman of the Legislature for the Year 2000. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2000, the annual salary of the Chairman of the Legislature will be $5,000. Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. VOTE: Passed 5-2. Noes: Larison, Young. RESOLUTION NO. 437 Motion by Little, Second by Marvel. RE: AUTHORIZE TRANSFER OF FUNDS - COMMUNITY COLLEGES WHEREAS, the Community College contractual line item is overdrawn by $12,702.73. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $12,702.73 from Contingency account no. 1990.500 to Community Colleges account no. 2490.400. VOTE: Passed 7-0. 200 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION NO. 438 Motion by Little, Second by Marvel. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 1999 SETTING THE SALARY OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 2000 WHEREAS, the Schuyler County Legislature has determined the salaries for certain public officials for the year 2000, and WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 1999, 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 January 10, 2000 at 7:15 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 5 OF THE YEAR 1999 A Local Law Setting the Salaries of Certain Public Officers for the year 2000. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated beginning to January 1, 2000. 2. The following public officers are subject to the provision hereof: Personnel Officer $37,343 Deputy County Clerk $24,625 Secretary to the District Attorney $11.96 (18,097) Real Property Tax Agency Director $35,743 Commissioner of Social Services $45,760 County Highway Superintendent $41,184 Deputy County Highway Superintendent $37,370 Undersheriff $40,715 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 7-0. WITHDRAWN RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 1999 AMENDING LOCAL LAW NO. 3 OF 1997 SETTING SALARIES OF THE SHERIFF AND THE DISTRICT ATTORNEY WHEREAS, Local Law No. 3 of 1997 set the salaries for the Sheriff and District Attorney for the Years 1998, 1999, 2000 and 2001, and WHEREAS, Local Law No. 4 of 1998 set the salaries for the Sheriff and District Attorney for the Year 1999 only, at higher salaries than set forth in Local Law No. 3 of 1997, and WHEREAS, Local Law No. 3 of 1997 needs to be amended to conform the salary prospectively set for 2000 and beyond with that actually to be paid. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6 of the year 1999, 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 January 10, 2000 at 7:30 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 6 OF THE YEAR 1999 Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 1998, 1999, 2000 and 2001 the annual salaries of the following officials are hereby established, to wit: TITLE 1998 SALARY 1999 SALARY 2000 SALARY 2001 SALARY Chairman of Legislature $10,000 $10,000 Legislators 5,000 5,000 REGULAR MEETING - DECEMBER 13, 1999 201 Sheriff 47,000 48,175 48,175 48,175 County Clerk 34,000 34,000 34,000 34,000 District Attorney 32,000 34,700 34,700 34,700 Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. RESOLUTION NO. 439 Motion by Little, Second by Marvel. RE: ACCEPT OFFERS TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED WHEREAS, the County Treasurer took tax deeds to the following properties located in Schuyler County, State of New York, and WHEREAS, the former owner of record or the estate of the former owner of record may submit an Offer to Purchase in the full amount of taxes, penalties, interest and other County expenses involved with the property. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to accept the Offer to Purchase and execute the quitclaim deed and attending documents for the transfer of the below listed properties, and any other properties for which the County of Schuyler has taken a tax deed and listed said property in the tax sale auction, upon payment to the Schuyler County Treasurer of the full amount of the purchase offer. The full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer=s Office prior to the tax sale auction, and BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof. TOWN TAX MAP # FORMER OWNER OF RECORD Catharine 99.14-1-68 Ralph H. & Linda S. Gee Hector 15.-1-35.2 Bruce & Douglas Land Hector 24.-1-52.3 Calvin L. & Kathy L. Dean Hector 15.-1-30.11 James E. Sirrine 15.-1-30.12 Hector 33.-1-56.1 Joseph & Nancy Barrick & Lakeview Mobile Home Park 33.-1-56.11 33.-1-56.12 Hector 65.53-1-2 Nancy D. Barrick Montour 86.12-1-28 MyFalls, LLC Tyrone 40.-1-21.1 Arthur Rizzino VOTE: Passed 7-0. RESOLUTION NO. 440 Motion by Karius, Second by Larison. RE: AUTHORIZE CONTRACTS WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), BISHOP SHEEN ECUMENICAL HOUSING AND COMMUNITY PROGRESS, INC. FOR IMPLEMENTATION OF SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, Schuyler County has applied for and received a Small Cities Community Development Block Grant of $600,000 for housing rehabilitation on behalf of the Towns of Tyrone, Catharine and Hector, and WHEREAS, the guidelines of the grant require the County to execute all documents necessary relative to this project and act as a flow-through for all bills and grant monies. It is understood that grant funds are to be made available by the U.S. Department of Housing and Urban Development (HUD), and WHEREAS, it is recommended that , for the most efficient use of services and funding, two sub-recipients should be utilized, and WHEREAS, Bishop Sheen Ecumenical Housing will administer the grant and provide program delivery services to eligible residents in the Towns of Tyrone and Hector, and Community Progress, Inc. will administer the 202 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE grant and provide program delivery services to eligible residents in the Town of Catharine and the Village of Burdett, and WHEREAS, a Funding Approval Agreement must be signed by the Chairman of the Legislature to get the grant process underway and administer HUD funds, and WHEREAS, sub-recipient agreements with Bishop Sheen Ecumenical Housing and Community Progress, Inc. must be signed for Bishop Sheen to administer the housing rehabilitation project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute approval of said agreements; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 441 Motion by Karius, Second by Larison. RE: RESOLUTION URGING THE GOVERNOR AND STATE LEGISLATURE TO PROVIDE ADEQUATE TRANSPORTATION FUNDING FOR NEW YORK STATE WHEREAS, an adequate transportation system is essential for the economic well-being of the State of New York and to the safety and welfare of its citizens, and WHEREAS, the New York State 1999/2000 budget reduced the Department of Transportation=s lettings by $100 million, design services by $70 million, and the engineering service fund by $46 million, and WHEREAS, it is the Schuyler County Legislature=s opinion that New York State is not providing sufficient funding to prevent the deterioration of the New York State Highway System, and WHEREAS, New York State has not yet identified funding to complete important segments of our highway network project such as Interstate 86, and WHEREAS, the Consolidated Highway Improvements Programs (CHIPS) is an excellent state and local partnership that has helped to maintain the local transportation infrastructure since 1981. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly urges the New York State Legislature to pass a transportation budget with adequate funding to maintain and complete the State transportation infrastructure, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature urges a five-year CHIPS program to be funded at increased levels to ensure the safety of the motoring public, and BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to Governor Pataki, Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, Senate Transportation Committee Chairman Caesar Trunzo, Assembly Transportation Committee Chairman David Gantt, Senator John R. Kuhl, Jr. and Assemblyman James Bacalles. VOTE: Passed 7-0. RESOLUTION NO. 442 Motion by Karius, Second by Larison. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY, 2000, TOWN AND COUNTY TAX BILLS - REAL PROPERTY TAX SERVICE WHEREAS, certain property owners in the Town of Hector are delinquent in paying their water bills, and WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be charged on the 2000 Town and County tax bill, as per Town Resolution #181, as a separate item for the amount of the arrears. NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills from the Town of Hector, be added to the January, 2000, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law Section 198, subsection 3 (d). VOTE: Passed 7-0. RESOLUTION NO. 443 Motion by Marvel, Second by Little. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2000, TOWN AND COUNTY TAX BILLS - REAL PROPERTY TAX SERVICE WHEREAS, certain property owners in the Town of Reading are delinquent in paying their sewer and water bills, and REGULAR MEETING - DECEMBER 13, 1999 203 WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water bills be charged on the 2000 Town and County tax bills as shown on the Town of Reading Resolution #74. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading, as shown on the attached Resolution of the Town of Reading, be added to the January, 2000, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1 (k). VOTE: Passed 7-0. RESOLUTION NO. 444 Motion by Marvel, Second by Little. RE: AUTHORIZE TRANSFER OF FUNDS FOR MAP COPIES - REAL PROPERTY TAX SERVICE WHEREAS, Weiler Mapping has billed the County $416.00 for map copies which were ordered by Fairman Drilling, and WHEREAS, Fairman Drilling has paid the County $480.00 to purchase the map copies. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $416.00 from Contingency account no. 1990.5 to Real Property Tax Agency account no. 1355.435-Professional Fees and Services. VOTE: Passed 7-0. RESOLUTION NO. 445 Motion by Marvel, Second by Little. RE: AUTHORIZE TRANSFER OF FUNDS FOR COMPUTER RELATED SERVICES - CENTRAL DATA PROCESSING WHEREAS, Central Data Processing incurred unbudgeted advertising costs during the hiring process for the Assistant Coordinator of Computer Services, and WHEREAS, those fees were paid using funds from account 1680.400, Contractual Expenses, and WHEREAS, account 1680.400 now has insufficient funds to cover the County=s contract with the Southern Tier Central Regional Planning and Development Board. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $610. from Central Data Processing account no. 1680.100-Personnel Services to 1680.400-Contractual Expense. VOTE: Passed 7-0. RESOLUTION NO. 446 Motion by Marvel, Second by Larison. RE: AUTHORIZATION FOR THE COUNTY OF SCHUYLER TO APPLY FOR JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) - PROBATION WHEREAS, this Legislature authorized the Probation Department to apply for and accept grant funds dealing with the juvenile population, making said segment accountable for their actions, during the years 1999 through 2000, and WHEREAS, the State of New York Division of Criminal Justice Services has now advised the County of Schuyler that it is again eligible for a grant under the above grant arrangement, this time in the amount of $17,903 for the years 2000 and 2001, and WHEREAS, it is necessary for the County of Schuyler to indicate whether or not it would accept said funds and apply for said grant no later than December 10, 1999, and WHEREAS, it is believed that the above funds would serve a useful need in dealing with the juvenile population, in particular due to violence among teens and serious behavior problems in the schools. NOW, THEREFORE, BE IT RESOLVED, the County of Schuyler is hereby authorized to apply for the above named funding and to direct its Probation Director to convene a committee which would result in the juvenile accountability incentive block grant application being submitted to the New York State Department of Criminal Justice Services for the years of 2000 and 2001, subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 447 Motion by Marvel, Second by Larison. RE: AUTHORIZE ACCEPTANCE OF THE NYS BOARD OF REGENTS/TASK FORCE ON SCHOOLCOMMUNITY COLLABORATION FUNDS 204 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, Schuyler County CAAST (Community Agencies and Schools Together) has advocated for the allocation of funds requested in the amount of $2,500, and WHEREAS, the CAAST Sub-Committee has determined that the funds be divided evenly between Schuyler Outreach (Food Pantry) and the Watkins Glen Youth Center in the amount of $1,250 for each initiative, and WHEREAS, the Schuyler County Legislature supports the efforts of CAAST. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the NYS Board of Regents/Task Force on School-Community Collaboration funding agreement allocating said monies to CAAST; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 448 Motion by Marvel, Second by Larison. RE: AUTHORIZE CREATION OF HEALTH INSURANCE REVIEW COMMITTEE WHEREAS, the County is faced with sizeable increases in its health insurance costs, and WHEREAS, it is the recommendation of the County=s Bargaining Committees, as well as the CSEA Bargaining Committees, to form a joint committee to review health insurance options for the future in an effort to provide adequate health insurance coverage to the employees that is affordable to the County. NOW, THEREFORE, BE IT RESOLVED, that a Special Committee of the Legislature be created as follows: NAME OF COMMITTEE: Health Insurance Review Committee PURPOSE: Review and make recommendation for revisions to the County=s health insurance program. MEMBERS: (2) Representatives from the Administrative Unit CSEA (1) Representative from the Highway Unit CSEA (1) Representative from the Deputy Sheriff=s Association (1) Representative for the Towns (1) Representative for the Villages (1) Management Level Representative (1) Legislator Personnel Officer County Administrator Insurance Broker/Consultant as Determined by the Legislature VOTE: Passed 7-0. RESOLUTION NO. 449 Motion by Larison, Second by Little. RE: AUTHORIZE PERRY & CARROLL, INC. TO ACT AS GROUP HEALTH INCORPORATED (GHI) BROKER FOR THE COUNTY OF SCHUYLER WHEREAS, Perry & Carroll, Inc. of Elmira, New York, approached the County, as Managing General Agent for Group Health Incorporated (GHI) Insurance, to investigate reducing the County=s health insurance premium, and WHEREAS, Perry & Carroll, Inc. needs a letter authorizing them to act as broker of record for Schuyler County in order to obtain a reduction in premium costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes Perry & Carroll, Inc. to act as Broker of Record on behalf of Schuyler County for GHI medical insurance. VOTE: Passed 7-0. RESOLUTION NO. 450 Motion by Marvel, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - SOCIAL SERVICES BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. + $ 73,250 6010-3610 State Aid - Administration + $ 13,000 6102-3602 State Aid - Mentally Disabled/LTC REGULAR MEETING - DECEMBER 13, 1999 205 + $ 41,375 6123-3623 State Aid - Juvenile Delinquency VOTE: Passed 7-0. RESOLUTION NO. 451A Motion by Bleiler, Second by Marvel. RE: MOTION TO TABLE RESOLUTION NO. 451 BE IT RESOLVED, that Resolution No. 451 be tabled. DISCUSSION: Legislator Marvel stated that this resolution was going to be discussed at tomorrow=s public hearing. VOTE: Passed 7-0. RESOLUTION NO. 451 Motion by Larison, Second by Little RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 CONTINGENCY ACCOUNT - TABLED BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. + $ 250,000 1990.500 Contingency Account RESOLUTION NO. 452 Motion by Karius, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 TRANSPORTATION - BUS OPERATIONS BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 30,000 5630-4089 Federal Aid VOTE: Passed 7-0. RESOLUTION NO. 453 Motion by Karius, Second by Larison. RE: AMEND 1999 COUNTY BUDGET - PUBLIC HEALTH WHEREAS, there are fund available in the Preschool Education Program in the Public Health/Home Health Budget, and WHEREAS, it is desirous to amend the 1999 County Budget to purchase vehicles for the Public Health Department. NOW, THEREFORE, BE IT RESOLVED, that the following accounts in the Preschool Education Program in the Public Health/Home Health Agency=s 1999 County Budget be amended as follows: FROM ACCOUNT NO. TO ACCOUNT NO. AMOUNT 2960.400-Contractual 4050.204-Car $14,500 2960.440-Travel $ 1,200 2960.401-Misc. $ 250 2960.435-Prof. Fees $ 3,150 TOTAL $19,100 VOTE: Passed 7-0. RESOLUTION NO. 454A Motion by Marvel, Second by Little. RE: MOTION TO AMEND RESOLUTION NO. 454 - FAILED BE IT RESOLVED, that Resolution No. 454 be amended to change the amount of $40,000 to $20,000 and the revenue amount from $61,000 to $41,000. DISCUSSION: Legislator Marvel stated that he is in favor of purchasing two cars not three. Legislator Larison does not feel this should be cut. He has a great deal of respect for the department heads. They have presented this to committee and he does not understand why it would be cut. Legislator Bleiler is quite sure that this is a situation where the department had originally planned for two cars, but earlier in the year they transferred the money for software that they needed instead and opted to wait for the cars. Now they are asking to have the money put back in the budget for the cars. Mary Wilson explained that one car is for Watershed and the other two are for Public Health. VOTE: Failed 4-3. Noes: Bleiler, Larison, Young. RESOLUTION NO. 454 Motion by Karius, Second by Larison. 206 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE AMEND 1999 COUNTY BUDGET - PUBLIC HEALTH WHEREAS, it is desirable for the Public Health/Home Health Agency to amend the 1999 County budget to increase contractual expenses and purchase vehicles for the Public Health Department, and WHEREAS, budgeted revenue for 1999 has been received, and exceeded by amounts more than necessary to offset these costs. NOW, THEREFORE, BE IT RESOLVED, that the following accounts in the Public Health/Home Health Agency=s 1999 County Budget be amended as follows: Expenses 4010.204 Car $40,000 4010.490 Subcontracts $21,000 Revenues 4010-1610 Home Nursing Charges $61,000, and BE IT FURTHER RESOLVED, that this Legislature authorizes the expenditures for these items. VOTE: Passed 7-0. WITHDRAWN RE: AUTHORIZE TRANSFER OF FUNDS FOR HEALTH INSURANCE RESOLUTION NO. 455 Motion by Larison, Second by Bleiler RE: AUTHORIZE PURCHASE OF PRINTER AND TRANSFER OF FUNDS - TREASURER WHEREAS, there is a need to transfer funds in the Treasurer=s Office to cover the cost of purchasing a new printer and to upgrade the accounting system, and WHEREAS, there are excess funds in the Treasurer=s Personal Services account due to a change in personnel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to make the following account transfers for the aforementioned equipment purchases: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. $ 1,656 1325.100 1325.246-Printer $ 644 1325.100 1325.426-Equipment Maintenance VOTE: Passed 7-0. RESOLUTION NO. 456 Motion by Larison, Second by Bleiler RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - REAL PROPERTY TAX AGENCY BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 200 1355.434 Printing Tax Bills + $ 400 1355B3040 Real Property Tax Administration Revenue VOTE: Passed 7-0. RESOLUTION NO. 457 Motion by Larison, Second by Bleiler RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - PUBLIC HEALTH BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 38,000 4010.490 Subcontracts + $ 7,350 4010-3401 State Aid-Public Health + $ 30,650 4010-1614 Home Nursing Charges VOTE: Passed 7-0. RESOLUTION NO. 458 Motion by Larison, Second by Bleiler RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - MENTAL HEALTH REGULAR MEETING - DECEMBER 13, 1999 207 BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 29,101 4310.100 Personal Services + $13,116 4310-3490 State Aid-Mental Health + $15,985 4310-1620 Mental Health Fees VOTE: Passed 7-0. RESOLUTION NO. 459 Motion by Bleiler, Second by Marvel. RE: MOTION TO BRING FIVE (5) EMERGENCY RESOLUTIONS TO THE FLOOR NOW, THEREFORE, BE IT RESOLVED, that five (5) emergency resolutions be brought to the floor. VOTE: Passed 7-0. RESOLUTION NO. 460 Motion by Little, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358-REFUSE COLLECTION & DISPOSAL WHEREAS, Schuyler County has been named a recipient of a grant for $8,296 from the U.S. Environmental Protection Agency toward a comprehensive Household Hazardous Waste/Farm Pesticide/Used Tire Collection Day and additional funds are needed to match the grant, and WHEREAS, a total of $1,323 was donated from the Towns of Hector, Reading and Dix and the Villages of Watkins Glen for a 1999 Tire Collection Day, as well as $150 donated by participants, such money being deposited in the Schuyler County general fund for the specific purpose of another tire collection day, and WHEREAS, Charles Franzese, Chairman of the Environmental Management Council (EMC), on behalf of the EMC, requested that $1,000 of the EMC=s year publicity budget for the year 2000 only (account no. 8750.367) be re-appropriated for a Household Hazardous Waste Collection Day to be held in the year 2000. NOW, THEREFORE, BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$1,000 8160.346 Waste Pesticide Collection Day -$1,000 8750.367 Publicity for HHW, and BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to appropriate $1,473 of general fund balance from monies not used from Refuse Collection & Disposal account no. 8160.346 Waste Pesticide Collection Day. VOTE: Passed 7-0. RESOLUTION NO. 461 Motion by Little, Second by Marvel. RE: COMMITTING THE SCHUYLER COUNTY LEGISLATURE TO REDUCING REAL PROPERTY TAXES BY 5% PER YEAR FOR THE NEXT THREE YEARS WHEREAS, the Schuyler County Legislature is unanimous in its finding that County real property taxes are too high, and WHEREAS, a 1% increase in the sales tax is pending reconsideration by this Legislature, and WHEREAS, it is the desire of this Legislature to ameliorate the effect of revenue raising measures on the taxpaying population of the County at large. NOW, THEREFORE, BE IT RESOLVED, that if the 1% sales tax increase now pending reconsideration should be put into effect the Schuyler County Legislature hereby commits to reducing County real property taxes by 5% per year in each of the next three years 2000, 2001, 2002, for a total reduction of 15% by the end of calendar year 2002. DISCUSSION: Legislator Bleiler stated that this is not the original plan of the Legislature. This year the 5% reduction should not be a problem, and next year it should be very doable because there will be two more months of revenue from the sales tax. The third year will depend on real property increases and taxable sales increases. He is optimistic about Schuyler County. The County is developing and has invested a lot of money into development. Another plus is the hiring of the County Administrator. Legislator Larison feels very strongly that if the Legislators 208 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE could not see this problem coming in August, that it will be difficult to see into the next three years. He will support this and wants to make sure that the Legislature=s word is good to the public. Legislator Young is concerned that the resolution states if the 1% sales tax pending should be put into effect. When the County applied to NYS for this increase, it was in good faith that it would happen and now the resolution says Aif@. She will vote for it again, however, she does not feel comfortable committing another Legislature to her decisions. Legislator Marvel supported Legislator Bleiler=s remarks and feels the Legislature can do this or else he would not have introduced this emergency resolution. Schuyler County taxpayers deserve a break. In addition, he sees this as a very positive move in the right direction for Schuyler County because property taxes are something that developers look at. He feels very strongly about giving this tax break to the taxpayers. Legislator Karius will support this resolution and will support the sales tax increase since this resolution will be in place. VOTE: Passed 7-0. RESOLUTION NO. 462 Motion by Little, Second by Marvel. RE: ACCEPT 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 December 11, 1999. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature accepts, the following bids to wit: BIDDER'S NAME: Ralph H. Gee, Jr. BIDDER'S ADDRESS: 9791 Sunset Trail, P.O. Box 6 Wayne, NY 14893 AMOUNT OF BID: $5,315.00 FORMER OWNER: County of Schuyler PARCEL ID NUMBER: 65.14-1-2 LOCATION: Town of Dix BIDDER'S NAME: BIDDER'S ADDRESS: AMOUNT OF BID: FORMER OWNER: PARCEL ID NUMBER: LOCATION: BIDDER'S NAME: BIDDER'S ADDRESS: AMOUNT OF BID: FORMER OWNER: PARCEL ID NUMBER: LOCATION: BIDDER'S NAME: BIDDER'S ADDRESS: AMOUNT OF BID: FORMER OWNER: Richard L. Miller, Jr. P.O. Box 31, 1188 Main Street Beaver Dams, NY 14812 $597.00 Lester Miller 104.13-1-36 Town of Dix Gary H. & Meg Gaige 5999 Morris Road Alpine, NY 14805 $9,029.00 Roger N. & Kathryn W. Chapman 56.-1-31.11 Town of Hector Dorman Hooey, Jr. and Charles Dukes II 102 College Avenue Corning, NY 14830 $2,955.00 Lester J. Miller REGULAR MEETING - DECEMBER 13, 1999 PARCEL ID NUMBER: LOCATION: 44.19-1-29 Town of Hector BIDDER'S NAME: BIDDER'S ADDRESS: Charles D. Kendall P.O. Box 71 Hector, NY 14841 $37,191.00 John Steinsdorfer 56.-1-12 Town of Hector AMOUNT OF BID: FORMER OWNER: PARCEL ID NUMBER: LOCATION: BIDDER'S NAME: BIDDER'S ADDRESS: AMOUNT OF BID: FORMER OWNER: PARCEL ID NUMBER: LOCATION: BIDDER'S NAME: BIDDER'S ADDRESS: AMOUNT OF BID: FORMER OWNER: PARCEL ID NUMBER: LOCATION: BIDDER'S NAME: BIDDER'S ADDRESS: AMOUNT OF BID: FORMER OWNER: PARCEL ID NUMBER: LOCATION: BIDDER'S NAME: BIDDER'S ADDRESS: AMOUNT OF BID: FORMER OWNER: PARCEL ID NUMBER: LOCATION: BIDDER'S NAME: BIDDER'S ADDRESS: AMOUNT OF BID: FORMER OWNER: Doris G. Rumsey 4400 DeCamp Road Dundee, NY 14837 $4,863.00 Gerald A. & Sandra Calton 71.-1-23 Town of Orange Jeffrey A. Arcangeli 3930 Willow Street Burdett, NY 14818 $4,261.00 David L. & Sylvia A. Reed 102.5-1-29 Town of Orange Patrick J. Toupin 1615 Switzer Hill Road Beaver Dams, NY 14812 $3,157.00 Everett Wainwright 91.-1-15.21 Town of Orange Michael L. Monteiro 215 E. Eighth Street Watkins Glen, NY 14891 $42,211.00 James W. Kissell & Nancy L. Kaiser 52.-1-9.112 Town of Reading Robert L. & Donna M. Bergmark 2804 Jennings Road Watkins Glen, NY 14891 $4,663.00 County of Schuyler 209 210 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE PARCEL ID NUMBER: LOCATION: BIDDER'S NAME: BIDDER'S ADDRESS: 17.12-1-40 Town of Tyrone Joseph C. Strait, Jr. 3381 Wedgewood Road Watkins Glen, NY 14891 AMOUNT OF BID: $16,107.00 FORMER OWNER: Troy A. Davis PARCEL ID NUMBER: 51.-1-18.2 LOCATION: Town of Tyrone, and BE IT FURTHER RESOLVED, the Schuyler County Attorney is directed to prepare appropriate deeds and documents pertinent to such conveyance within thirty days of this authorization, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is authorized to execute such deeds and attending documents and the Schuyler County Treasurer is authorized to deliver such deeds and attending documents upon full payment of the bid purchase price balance to the County of Schuyler. VOTE: Passed 7-0. RESOLUTION NO. 463 Motion by Little, Second by Marvel. RE: Alteration of Tentative Budget Pursuant to County Law Section 358 - Highway BE IT RESOLVED, that the Tentative budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 52,000 5130.299 Trailer/Flowbed, and BE IT FURTHER RESOLVED, THAT THE County Treasurer be authorized to appropriate $52,000 of general fund balance to the 2000 budget. VOTE: Passed 7-0. RESOLUTION NO. 464 Motion by Little, Second by Marvel. RE: AMEND RESOLUTION NO. 386-99 AUTHORIZING INTENT TO BOND FOR THE HIGHWAY DEPARTMENT IN THE YEAR 2000 WHEREAS, Resolution No. 386-99 expressed the Legislature=s intent to bond, in the year 2000, $52,000 towards a trailer/flowbed for the Highway Department, and WHEREAS, this Legislature has decided to include this item in the budget for 2000, and not bond for the same. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 386-99 be amended to remove the last ABe it Further Resolved@ clause that relates to bonding for the Highway Department in the year 2000. VOTE: Passed 7-0. REPORT ON STANDING COMMITTEES: Legislator Young attended an economic development conference in Syracuse with Sharon Bingell, Kirk Smith and Sue Brill on December 2 and 3, 1999. It is nice to see the Social Services Department showing an interest in economic development. Kirk brought up an idea in regard to the water/sewer project that fire hydrants along that road would help to decrease property owner=s fire insurance. At the conference, Legislator Young received information that the tax on the utilities may be decreased by the state Legislature this year. HUD grants are going to be transferred to the state department which may make for a more efficient process. Legislator Bleiler complimented the Department of Social Services. He serves on the CASA board and the board told him to support the Department of Social Services all he could because they do a great job and the kids need more representation with an attorney. Legislator Bleiler also publicly thanked the employees of this County who have worked so hard to get us to this point with the budget. In particular, Legislator Bleiler thanked Nancy Peters and the Treasurer=s Office, the Civil Service/Personnel Office for going through the health insurance issues and the Legislative Office for all being extremely cooperative throughout all these processes. REGULAR MEETING - DECEMBER 13, 1999 211 Legislator Larison stated that Fish and Wildlife sold 23,000 more licenses for hunting this year over last year. He also reported that the stream bank stabilization is complete. Legislator Marvel reported that National Health is moving into the Jamesway property. There was also a recent announcement that Walmart may be moving into town. The $600,000 community development block grant from HUD will cover the Towns of Tyrone, Hector and Catharine. There is an additional $300,000 leverage fund that Bishop Sheen may obtain. This is a big boost to the respective people that will be having their homes renovated. UNFINISHED BUSINESS: None. NEW BUSINESS: None. PUBLIC PARTICIPATION: Casey Creamer asked Legislator Larison if he knew how many truck loads of lumber might be taken out of the County-owned forest. Legislator Larison is unsure, however he does not think that there will be a huge number of log trucks going up and down the road. Casey commented that with the authorization of the health insurance review committee, he was surprised to see that the Legislature was asking the new County Administrator to be a part of the committee. He feels that the role of this committee should be to present information to the County Administrator, not to have the County Administrator sit in on the committee. His guess is if there ever is a County Administrator, that person might be a little busy and will not need to be involved with extra committees. Bob Burnside agreed with Casey Creamer. He was happy to see that the Legislature approved having this committee, but he feels that the County Administrator should not sit in on it. This committee should eliminate a lot of misunderstanding. Legislator Bleiler will think more about the comments that have been made. He feels that this will be a very important learning experience for the new Administrator since it is a huge portion of our budget. This person will be very busy learning about Schuyler County, the employees and the tasks that need to be accomplished. Serving on this committee may enhance that learning. The meeting adjourned at 8:06 p.m. Stacy B. Husted, Deputy Clerk Robin D. Thoman, Personal Secretary PUBLIC HEARING DECEMBER 14, 1999 The Public Hearing on a proposal to increase the sales tax to 8% was called to order by Chairman Gifford at 7:40 p.m. All Legislators were present except Legislator Little who was excused. County Attorney Coleman was also present. David Reed, Town of Cayuta, said, originally when this issue came up over a year ago, he was not in support of it at all. He feels that if there were some sort of guarantee that property taxes will not be increased, it might be easier to gain support. The citizens do not want to get hit by increased taxes, both property and sales. Legislator Bleiler says that property taxes may go down 5% next year, if the proposed 8% increase is passed. Paul Marcellus, a business owner in Watkins Glen, asked if the shortfall is now 7%? Legislator Bleiler stated the shortfall is closer to 10%. Mr. Marcellus said he is concerned with who=s pocket will get hit. This proposal will take a penny and one-half from folks every time they buy staples at food stores, and will be especially harsh on senior citizens on a fixed income. He feels it is not a bad thing to pay a higher tax rate in order to maintain the rural characteristic of Schuyler County. If he had to pay a little more for taxes, he could budget accordingly. He encouraged the Legislature to sharpen its pencil, to cut 10% across-the-board in departments. He also feels that this proposal will put business owners at a disadvantage. He suggested voting down this proposal and starting a AShop in Schuyler@ move and encourage new businesses to come to Schuyler County. Ken Bell noted that there are a lot of different views. Farmers and those with real estate feel the proposal is a good idea. Business people say one more percent will drive merchants out. He wondered how long the increase in 212 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE sales tax would be for, and if it could be reviewed in two years. He agreed with Mr. Marcellus that there is room to further reduce departmental budgets. Jim Kurtz said he is upset, and cannot believe that a 14% property tax increase is the best the Legislature can do. He feels that since the November election a lot of things have changed. He has been hoping that the Legislature was looking out for businesses in the area. He also feels that a lot of the property tax revenue is paid by businesses in Schuyler County. He thinks this proposed 1% increase will send more businesses to Chemung County. He hopes the Legislature understands the difficulties businesses face. He also noted that while farmers have it tough with the property tax, they can also apply for the STAR program where businesses can not. Sue Brill spoke in support of the proposed increase in sales tax. She noted that folks on fixed income also pay property taxes. She does feel that people are fleeing to Chemung County, people shop where there are things to buy. If Schuyler County has what people want, they will come here to get it. Sharon Bingell feels that property owners are being hit hard with property tax. She also feels that people who shop in Schuyler County will continue to shop in Schuyler County, even if the sales tax is increased. Tom Clifford said that if property tax goes up, the increase would be significant to him. He also expressed concern over the proposed 8% sales tax and the perception it portrays. When a person purchases a vehicle, they pay the sales tax of the County of residence. Since tourism is a huge industry for Schuyler County, he feels the tourists will be helping to cover a lot of County expenses. He feels it is time to stabilize expenses. The Public Hearing adjourned at 8:20 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk SPECIAL MEETING DECEMBER 14, 1999 The December 14, 1999 Special Meeting of the Schuyler County Legislature was called to order at 8:21 p.m. by Chairman Gifford. The Pledge of Allegiance was led by Legislator Bleiler and followed by a Moment of Silence. All Legislators were present except Legislator Little who was excused. County Attorney Coleman was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 465 Motion by Larison, Second by Young. RE: RATIFICATION OF SPECIAL MEETING CALL 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: 7) Resolution of the Legislature of the County of Schuyler, increasing the rate of taxes on sales and uses of tangible personal property and on certain services, and on occupancy of hotel rooms, amusement charges and club dues, pursuant to Article 29 of the Tax Law of the State of New York and exempting certain residential energy sources and services from such additional rate of tax. 2) Alterations to the Tentative Budget for 2000. 3) Resolutions Pertaining to the Adoption of the 2000 Budget. Vote: Passed 7-0. RESOLUTION NO. 466 Motion by Larison, Second by Young. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, INCREASING THE RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND ON CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS, AMUSEMENT CHARGES AND CLUB DUES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX Be it enacted by the Legislature of the County of Schuyler, as follows: SPECIAL MEETING - DECEMBER 14, 1999 213 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, 2001, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. A new subdivision (f) of section three of Resolution No. 140 as enacted November 27, 1967, as amended, is added to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing March 1, 2000, and ending November 30, 2001, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to March 1, 2000, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to November 1, 1999, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to February 29, 2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after March 1, 2000, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, 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, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, 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. 214 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE (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, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing March 1, 2000 and ending November 30, 2001, the tax shall be at the rate of four percent, and on and after December 1, 2001, 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. SECTION 4. Subdivision (k) of section six of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (k) Exemption of certain energy sources and related services from additional one percent rate of tax. Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing March 1, 2000, and ending November 30, 2001. SECTION 5. Subdivision (1) of section 11 of Resolution No. 140 as enacted November 21, 1967, as amended, is amended to read as follows: (1)(A) In respect to the use of property used by the purchaser in this County prior to March 1, 1968. (B) With respect to the additional tax of one percent imposed for the period beginning March 1, 2000, and ending November 30, 2001, in respect to the use of property used by the purchaser in this County prior to March 1, 2000. SECTION 6. A new subdivision (d) of section fourteen of Resolution No. 140 as enacted in November 27, 1967, as amended, is added to read as follows: (d) Net collections attributable to the additional one percent rate of sales and compensating use taxes imposed for the period beginning March 1, 2000 and ending November 30, 2001, are set aside for County purposes and shall be available for any County purpose. SECTION 7. This enactment shall take affect on March 1, 2000. SPECIAL MEETING - DECEMBER 14, 1999 215 DISCUSSION: Legislator Hastings said she will vote no on this proposal. In January of 1998, knowing the budget was tight, and there was not a lot of industry in the County, she suggested taking economic development out of the budget, increasing the sales tax one-quarter of the additional percent for economic development. As the thenChairman, she wrote to all towns and villages asking for input. Two villages were against the sales tax, two villages did not respond, four out of eight towns responded, and one out of the four supported the proposal provided that they receive their share. That proposal failed in the Legislature 4-4. Now the Legislature decided to review the proposal to increase the sales tax again. She has attended meetings and talked with a lot of people since then. She has heard opposition from business owners. Elderly folks have approached her, and they would rather pay higher property taxes. Her district constituency is against this proposal. She feels that the Legislature has not cut the budget like they should have. She also hopes the Legislature takes into consideration businesses coming into Schuyler County. She asked her fellow Legislators to please consider not passing this and at least give it another year. She asked that they go back and cut the budget further. Legislator Karius said she has not been one to raise one tax to lower another, but she has to represent the farmers. They do pay property tax. They would rather pay 1% more in sales tax. She is not in favor of the increase in sales tax, but feels the budget cannot be cut further. Legislator Larison feels the Legislature has looked at the budget in its entirety. The County has many great department heads, and they have cut, but cannot cut irresponsibly. He feels the County needs to raise revenues. Legislator Bleiler feels that the current Legislature, for the last two years, has done more to support businesses than previous Legislatures. SCOPED costs $125,000 a year, which is an investment of taxpayers= money to support and develop businesses. He would not support raising the sales tax if it was bad for the County. He also noted that this Legislature agreed to eliminate sales tax on clothing permanently. Other taxes are more fair than property tax. Most senior citizens do own property. The County has many state mandated programs that cannot be cut, and the operating budget is not different than it has been. He has also talked with officials at SCOPED, and was told that incoming businesses are not interested in sales tax, but are more interested in property tax. The agriculture survey done by the Agriculture and Farmland Protection Board shows that one of the threats to farmers is property tax. Room tax does not help the County, it helps businesses. The sales tax increase cannot exceed one percent at this time, and must be renewed every two years. He is convinced that his constituents do not want property tax. He knows the towns in his district also feel this way. The previous proposal they rejected was when it was proposed to be for development only. He feels this is the best thing to do. Legislator Marvel said he has always been an opponent on any tax increases. Tax increases hurt businesses and homeowners. This is a most difficult decision for him to make. The Department Heads have done a good job in getting their budgets down. The increase in the budget is something that has occurred in which the Department Heads have no control. One issue that is dear to his heart is economic development in Schuyler County. With the additional sales tax, the County could put $50,000 into contingency, of which a large portion could be used for economic development. It would also allow for capital accounts to be established. All of this helps the taxpayers. The Legislature needs to do something to improve funding. He also can support the sales tax proposal, knowing the Legislature has pledged a tax break for the next three years. This will reduce the burden to the taxpayers each year. Legislator Young said this decision has been extremely difficult for her to make. She worries that the County will not be able to afford to provide needed services to its citizens if they do not take this action. She hopes that the economy will grow to where this can be changed and taxes can be reduced or eliminated. Legislator Karius added that she hopes, when the Legislature has to renew this in two years, that they can go back down to 7%. She will do her best to see that happen. VOTE: Passed 6-1. No: Hastings. RESOLUTION NO. 467 Motion by Bleiler, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - DISTRICT ATTORNEY BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION 216 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE + $ 5,300 1165.100 Personal Services (District Attorney) VOTE: Passed 7-0. RESOLUTION NO. 468 Motion by Hastings, Second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 PROBATION BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 11,566 3140.100 Personal Services (Half-Year Probation Officer) + $ 2,615 Various Accounts Fringe Benefits + $ 3,993 3140-3310 State Aid - Probation Services VOTE: Passed 7-0. RESOLUTION NO. 469 Motion by Larison, Second by Bleiler. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - SHERIFF BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 11,970 3150.100 Personal Services (Half-Year Dispatcher) + $ 4,989 Various Accounts Fringe Benefits VOTE: Passed 7-0. RESOLUTION NO. 470 Motion by Marvel, Second by Karius. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - PUBLIC HEALTH BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 50,000 4010-1610 Home Nursing Charges VOTE: Passed 6-1. No: Hastings. RESOLUTION NO. 471 Motion by Larison, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 TRANSFERS TO CAPITAL PROJECTS FUND BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION - $ 84,400 9950.900 Transfers VOTE: Passed 7-0. RESOLUTION NO. 472 Motion by Marvel, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - PUBLIC HEALTH AND SOCIAL SERVICES BE IT RESOLVED, that the County Treasurer be hereby authorized to appropriate $150,000 of General Fund Balance for monies to be received in 1999 from Home Nursing Charges, and $200,000 from the 1999 Social Services excesses. VOTE: Passed 7-0. RESOLUTION NO. 473A Motion by Bleiler, Second by Young. RE: MOTION TO AMEND RESOLUTION NO. 473 BE IT RESOLVED, that Resolution No. 473 be amended to delete the salary increase of the Assistant District Attorney in the amount of $610. VOTE: Passed 5-2. Noes: Karius & Hastings. RESOLUTION NO. 473 Motion by Larison, Second by Bleiler. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 MISCELLANEOUS SALARIES - AS AMENDED BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: SPECIAL MEETING - DECEMBER 14, 1999 217 AMOUNT ACCOUNT NO. DESCRIPTION + $ 5,000 1420.100 Personal Services (County Attorney) + $ 1,650 1420.100 Personal Services (Asst. County Attorney) + $ 911 1170.100 Personal Services (Public Defender) + $ 3,985 1420-1265 Revenues - Attorney Fees VOTE: Passed 7-0. RESOLUTION NO. 474 Motion by Bleiler, Second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 LEGISLATURE BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $900,000 1010-1110 State Admin. Sales & Use Tax VOTE: Passed 7-0. RESOLUTION NO. 475 Motion by Bleiler, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - VARIOUS DEPARTMENTS BE IT RESOLVED, that the Budget Officer be authorized to transfer all necessary funds into the appropriate accounts to allow for management level salary increases as determined by the Performance Appraisal process. VOTE: Passed 7-0. RESOLUTION NO. 476 Motion by Bleiler, Second by Larison. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 BUILDINGS AND GROUNDS BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 8,500 1620.297 Loader DISCUSSION: Legislator Bleiler noted that 2/3 of the expense of the Loader is budgeted in the Highway budget, this will cover the other 1/3 cost. VOTE: Passed 7-0. RESOLUTION NO. 477 Motion by Larison, Second by Young. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 - REAL PROPERTY TAX AGENCY - FAILED BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 5,500 1355.209 Copier DISCUSSION: Legislator Larison explained that the tax map copier in the Real Property Tax Office is dysfunctional and needs to be replaced. VOTE: Failed 4-3. Noes: Marvel, Hastings & Karius. UNFINISHED BUSINESS: Resolution No. 451 which was tabled December 13, 1999 titled AAlteration of Tentative Budget Pursuant to County Law Section 358 - Contingency Account@. RESOLUTION NO. 451 Motion by Bleiler, Second by Marvel. RE: ALTERATION OF TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 CONTINGENCY ACCOUNT BE IT RESOLVED, that the Tentative Budget for 2000 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION + $ 250,000 1990.500 Contingency Account VOTE: Passed 7-0. RESOLUTION NO. 478 Motion by Bleiler, Second by Larison. 218 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2000 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 2000 would be held at 7:30 p.m. on December 6, 1999, in the upstairs Main Court Room of the Court House, Watkins Glen, NY, and WHEREAS, the above-mentioned Public Hearing was held on December 6, 1999 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2000 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $5,598,378 by tax levy, be adopted. VOTE: Passed 6-1. No: Hastings. RESOLUTION NO. 479 Motion by Bleiler, Second by Larison. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2000" WHEREAS, the Schuyler County Legislature by Resolution No.478, dated December 14, 1999, has adopted a budget for fiscal year 2000. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2000" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2000. VOTE: Passed 7-0. RESOLUTION NO. 480 Motion by Bleiler, Second by Larison. RE: 2000 BUDGET OF $22,681,755: 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, 1999, 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, 1999 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. VOTE: Passed 7-0. PUBLIC PARTICIPATION: None. The meeting adjourned at 9:25 p.m. Gail M. Hughey, Clerk Stacy B. Husted, Deputy Clerk ANNUAL BUDGET OF 2000 Budget of Schuyler County for Fiscal Year Beginning January 1, 2000 Tentative Budget - Filed November 10, 1999 Adopted December 14, 1999 NANCY A. PETERS, BUDGET OFFICER LEGISLATURE APPROPRIATIONS: A1010.1 Personal Service119,042.00 2,000.00 A1010.4 Contractual Expense TOTAL APPROPRIATIONS LEGISLATURE REVENUES: 1010-1081 Other Payments In Lieu of Taxes A1010.2 Equipment 28,160.00 149,202.00 85,000.00 219 SPECIAL MEETING - DECEMBER 14, 1999 1010-1110 State Admin. Sales and Use Tax 1010-2690 Other Compensation for Loss 1010-2720 Off Track Betting 1010-4089 Federal Aid - Other (Entitlement Land) TOTAL REVENUES DISTRICT ATTORNEY APPROPRIATIONS: A1165.1 Personal Service A1165.1 Equipment A1165.4 Contractual Expense TOTAL APPROPRIATIONS PUBLIC DEFENDER APPROPRIATIONS: A1170.1 Personal Service A1170.4 Contractual Expense TOTAL APPROPRIATIONS JUSTICE OF THE PEACE APPROPRIATIONS: A1180.4 Contractual Expense TOTAL APPROPRIATIONS 3,500,000.00 310,000.00 20,000.00 6,000.00 3,921,000.00 80,536.00 2,500.00 37,005.00 120,041.00 31,294.00 44,500.00 75,794.00 500.00 500.00 CORONERS APPROPRIATIONS: A1185.4 Contractual Expense TOTAL APPROPRIATIONS 10,610.00 10,610.00 COUNTY ADMINISTRATOR APPROPRIATIONS: A1230.1 Personal Services A1230.2 Equipment A1230.4 Contractual Expense TOTAL APPROPRIATIONS 60,000.00 800.00 4,000.00 64,800.00 COUNTY TREASURER APPROPRIATIONS: A1325.1 Personal Service A1325.2 Equipment A1325.4 Contractual Expense TOTAL APPROPRIATIONS 107,775.00 500.00 66,540.00 174,815.00 COUNTY TREASURER REVENUES: 1325-1090 Interest and Penalties on Taxes 1325-1091 Penalties on Special Assessments 1325-1230 Clerk/Treasurer Fees 1325-2401 Interest on Investments TOTAL REVENUES 300,000.00 18,000.00 9,000.00 150,000.00 477,000.00 BUDGET OFFICER APPROPRIATIONS: A1340.1 Personal Service A1340.4 Contractual Expense TOTAL APPROPRIATIONS 0.00 750.00 750.00 220 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE REAL PROPERTY TAX SERVICE APPROPRIATIONS: A1355.1 Personal Service A1355.2 Equipment A1355.4 Contractual Expense TOTAL APPROPRIATIONS REAL PROPERTY TAX SERVICE REVENUES: 1355-2201 Tax Assessment Service 1355-3040 Tax Maps and Assessments TOTAL REVENUES 79,269.00 400.00 46,848.00 126,517.00 39,012.00 3,300.00 42,312.00 TAX SALE ADVERTISING AND EXPENSE APPROPRIATIONS: A1362.4 Contractual Expense TOTAL APPROPRIATIONS 3,500.00 3,500.00 TAX SALE ADVERTISING AND EXPENSE REVENUES: 1362-1235 Charges - Tax Advertising and Expense TOTAL REVENUES 3,500.00 3,500.00 PROPERTY ACQUIRED FOR TAXES APPROPRIATIONS: A1364.4 Contractual Expense TOTAL APPROPRIATIONS 25,000.00 25,000.00 PROPERTY ACQUIRED FOR TAXES REVENUES: 1364-1230 Clerk/Treasurer Fees TOTAL REVENUES 25,000.00 25,000.00 COUNTY CLERK APPROPRIATIONS (INCLUDES MOTOR VEHICLE): A1410.1 Personal Service A1410.2 Equipment A1410.4 Contractual Expense TOTAL APPROPRIATIONS 136,163.00 0.00 21,750.00 157,913.00 COUNTY CLERK REVENUES: 1410-1255 County Clerk Fees TOTAL REVENUES 205,000.00 205,000.00 COUNTY ATTORNEY APPROPRIATIONS: A1420.1 Personal Service A1420.2 Equipment A1420.4 Contractual Expense TOTAL APPROPRIATIONS 126,738.00 2,500.00 30,669.00 159,907.00 COUNTY ATTORNEY REVENUES: 1420-1265 Attorney Fees TOTAL REVENUES 131,467.00 131,467.00 221 SPECIAL MEETING - DECEMBER 14, 1999 CIVIL SERVICE/PERSONNEL APPROPRIATIONS: A1430.1 Personal Service A1430.2 Equipment A1430.4 Contractual Expense TOTAL APPROPRIATIONS CIVIL SERVICE/PERSONNEL REVENUES: 1430-1260 Personnel Fees TOTAL REVENUES ELECTIONS APPROPRIATIONS: A1450.1 Personal Service A1450.2 Equipment A1450.4 Contractual Expense TOTAL APPROPRIATIONS ELECTIONS REVENUES: 1450-2215 Election Services TOTAL REVENUES RECORDS MANAGEMENT APPROPRIATIONS: A1460.1 Personal Service A1460.4 Contractual Expense TOTAL APPROPRIATIONS RECORDS MANAGEMENT REVENUES: 1460-1289 Other General Government Department Income TOTAL REVENUES 90,632.00 14,750.00 52,050.00 157,432.00 1,600.00 1,600.00 33,241.00 250.00 28,450.00 61,941.00 750.00 750.00 18,307.00 935.00 19,242.00 5,900.00 5,900.00 CENTRAL SERVICES APPROPRIATIONS: A1610.2 Equipment A1610.4 Contractual TOTAL APPROPRIATIONS 8,300.00 65,100.00 73,400.00 CENTRAL SERVICES REVENUES: 1610-1270 Shared Services Charges TOTAL REVENUES 73,400.00 73,400.00 BUILDINGS APPROPRIATIONS: A1620.1 Personal Service A1620.2 Equipment A1620.4 Contractual Expense TOTAL APPROPRIATIONS 204,017.00 12,000.00 142,350.00 358,367.00 BUILDINGS REVENUES: 1620-1270 Shared Services Charges 1620-1289 Other General Governmental Income 1620-2410 Rental of Buildings - Individual 100.00 13,853.00 51,725.00 222 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 1620-2650 Sale of Scrap and Excess Material 1620-3021 Court Facilities Aid TOTAL REVENUES: 500.00 30,000.00 96,178.00 GROUNDS APPROPRIATIONS: A1622.2 Equipment A1622.4 Contractual TOTAL APPROPRIATIONS 680.00 8,000.00 8,680.00 PROFESSIONAL CONSULTANT APPROPRIATIONS: A1630.4 Contractual Expense TOTAL APPROPRIATIONS 5,500.00 5,500.00 STOREROOM APPROPRIATIONS: A1660.1 Personal Service A1660.2 Equipment A1660.4 Contractual Expense TOTAL APPROPRIATIONS CENTRAL STOREROOM REVENUES: 1660-2770 Unclassified Revenues TOTAL REVENUES CENTRAL DATA PROCESSING APPROPRIATIONS: A1680.1 Personal Service A1680.2 Equipment A1680.4 Contractual Expense TOTAL APPROPRIATIONS CENTRAL DATA PROCESSING REVENUES: 1680-1289 Other General Governmental Income - Training TOTAL REVENUES UNALLOCATED INSURANCE APPROPRIATIONS: A1910.4 Contractual TOTAL APPROPRIATIONS UNALLOCATED INSURANCE REVENUES: 1910-2680 Insurance Recoveries TOTAL REVENUES MUNICIPAL ASSOCIATION DUES APPROPRIATIONS: A1920.4 Contractual TOTAL APPROPRIATIONS JUDGMENTS & CLAIMS APPROPRIATIONS: 1930.4 Contractual TOTAL APPROPRIATIONS 31,496.00 400.00 2,375.00 34,271.00 1,600.00 1,600.00 43,280.00 2,000.00 13,200.00 58,480.00 6,300.00 6,300.00 151,918.00 151,918.00 49,000.00 49,000.00 2,807.00 2,807.00 4,800.00 4,800.00 223 SPECIAL MEETING - DECEMBER 14, 1999 TAXES & ASSESSMENTS ON PROPERTY APPROPRIATIONS: A1950.4 Contractual TOTAL APPROPRIATIONS 255.00 255.00 CONTINGENCY ACCOUNT APPROPRIATIONS: A1990.5 Contingencies TOTAL APPROPRIATIONS 300,000.00 300,000.00 COMMUNITY COLLEGE TUITION APPROPRIATIONS: A2490.4 Contractual TOTAL APPROPRIATIONS 500,000.00 500,000.00 EDUCATION - HANDICAPPED CHILDREN APPROPRIATIONS: A2960.4 Contractual TOTAL APPROPRIATIONS 433,400.00 433,400.00 EDUCATION - HANDICAPPED CHILDREN REVENUES: 2960-1689 Other Health Department Income 2960-3277 Education - Handicapped Children TOTAL REVENUES 15,000.00 248,285.00 263,285.00 EDUCATION - MEDICAL SCHOLARSHIP APPROPRIATIONS: A2980.4 Contractual Expense TOTAL APPROPRIATIONS 300.00 300.00 PUBLIC SAFETY COMMUNICATIONS APPROPRIATIONS: A3020.4 Contractual Expense TOTAL APPROPRIATIONS 26,400.00 26,400.00 PUBLIC SAFETY COMMUNICATIONS REVENUES: 3020-1140 Emergency Telephone Surcharge TOTAL REVENUES 42,420.00 42,420.00 SHERIFF APPROPRIATIONS: A3110.1 Personal Service A3110.2 Equipment A3110.4 Contractual Expense TOTAL APPROPRIATIONS 470,888.00 4,900.00 276,650.00 752,438.00 SHERIFF REVENUES: 3110-1510 Sheriff Fees 3110-1589 Other Public Safety Dept. Income 3110-2650 Sale of Scrap and Excess Material 3110-4320 Crime Control TOTAL REVENUES 137,000.00 170,000.00 3,000.00 40,000.00 350,000.00 NAVIGATION APPROPRIATIONS: A3111.1 Personal Service 14,000.00 224 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE A3111.2 Equipment A3111.4 Contractual Expense TOTAL APPROPRIATIONS 5,000.00 2,400.00 21,400.00 NAVIGATION REVENUES: 3111-3315 State Aid - Navigation Law Enforcement TOTAL REVENUES 12,198.00 12,198.00 HECTOR LAND PATROL APPROPRIATIONS: A3112.1 Personal Service TOTAL APPROPRIATIONS 2,500.00 2,500.00 HECTOR LAND PATROL REVENUES: 3112-4080 Federal Aid - Hector Land Use Area TOTAL REVENUES 2,500.00 2,500.00 PROBATION APPROPRIATIONS: A3140.1 Personal Service A3140.2 Equipment A3140.4 Contractual Expense TOTAL APPROPRIATIONS PROBATION REVENUES: 3140-1580 Restitution 3140-1589 Other (Investigation Fees) 3140-2610 Fines and Forfeited Bail 3140-3310 State Aid - Probation Services TOTAL REVENUES 174,231.00 1,410.00 19,318.00 194,959.00 1,500.00 4,200.00 1,600.00 66,309.00 73,609.00 JAIL APPROPRIATIONS: A3150.1 Personal Service A3150.2 Equipment A3150.4 Contractual Expenses A3150.6 Lease/Purchase TOTAL APPROPRIATIONS 690,793.00 11,000.00 170,800.00 2,300.00 874,893.00 JAIL REVENUES: 3150-1512 Board of Prisoners - Other Munic. 3150-2650 Sale of Scrap & Excess Material 3150-3316 State Aid - Board of Prisoners 3150-3330 State Aid - Unified Court Budget 3150-4389 Other Breakfast/Lunch Program TOTAL REVENUES 100,000.00 3,000.00 20,000.00 43,000.00 2,000.00 168,000.00 TRAFFIC CONTROL APPROPRIATIONS: A3310.4 Contractual Expense TOTAL APPROPRIATIONS 50.00 50.00 225 SPECIAL MEETING - DECEMBER 14, 1999 STOP D.W.I. APPROPRIATIONS: A3315.1 Personal Service A3315.2 Equipment A3315.4 Contractual Expense TOTAL APPROPRIATIONS 33,970.00 33,000.00 18,137.00 85,107.00 STOP D.W.I. REVENUES: 3315-2615 Stop D.W.I. Fines TOTAL REVENUES 50,000.00 50,000.00 FIRE-EMERGENCY MEDICAL APPROPRIATIONS: A3412.4 Contractual Expense TOTAL APPROPRIATIONS 23,646.00 23,646.00 FIRE-EMERGENCY MEDICAL REVENUES: 3412-1588 Bureau of Fire - EMS Books 3412-3489 Other Health - EMS TOTAL REVENUES 3,289.00 17,236.00 20,525.00 CONTROL OF DOGS APPROPRIATIONS: A3510.1 Personal Service A3510.2 Equipment A3510.4 Contractual Expense A3510.6 Lease/Purchase TOTAL APPROPRIATIONS 39,309.00 1,000.00 15,700.00 3,600.00 59,609.00 DOG CONTROL REVENUES: 3510-1550 Public Pound Charges and Control Fees 3510-2268 Dog Control Services TOTAL REVENUES 1,000.00 15,500.00 16,500.00 OFFICE OF EMERGENCY MANAGEMENT APPROPRIATIONS: A3689.1 Personal Service A3689.2 Equipment A3689.4 Contractual Expense TOTAL APPROPRIATIONS OFFICE OF EMERGENCY MANAGEMENT REVENUES: 3689-1587 Bureau of Fire - Life Safety 3689-1588 Reimbursement - Surplus 3689-1589 Other Public Safety Dept. Income TOTAL REVENUES OFFICE OF EM. MGMT. HAZARDOUS MATERIALS GRANT 3680 APPROPRIATIONS: A3689.2 Equipment A3689.4 Contractual Expense TOTAL APPROPRIATIONS 58,082.00 2,500.00 146,900.00 207,482.00 5,000.00 5,000.00 40,000.00 50,000.00 1,500.00 1,200.00 2,700.00 226 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE OFFICE OF EM. MGMT. HAZARDOUS MATERIALS GRANT 3680 REVENUES: 3689-4389 Other Public Safety Aid TOTAL REVENUES 2,700.00 2,700.00 PUBLIC HEALTH APPROPRIATIONS: A4010.1 Personal Service A4010.2 Equipment A4010.4 Contractual Expense TOTAL APPROPRIATIONS 427,829.00 32,000.00 412,813.00 872,642.00 PUBLIC HEALTH REVENUES: 4010-1610 Home Nursing Charges 4010-1611 Office for the Aging 4010-3401 State Aid - Public Health TOTAL REVENUES 585,650.00 20,000.00 301,215.00 906,865.00 RABIES CONTROL APPROPRIATIONS: A4042.4 Contractual Expenses TOTAL APPROPRIATIONS 20,000.00 20,000.00 RABIES REVENUES: 4042-3401 State Aid - Rabies TOTAL REVENUES 20,000.00 20,000.00 PHYSICALLY HANDICAPPED APPROPRIATIONS: A4046.4 Contractual Expense TOTAL APPROPRIATIONS 15,600.00 15,600.00 PHYSICALLY HANDICAPPED REVENUES: 4046-3446 State Aid - Handicapped Children TOTAL REVENUES 8,100.00 8,100.00 WATERSHED APPROPRIATIONS: A4050.1 Personal Service A4050.2 Equipment A4050.4 Contractual Expense TOTAL APPROPRIATIONS 79,314.00 3,000.00 32,026.00 114,340.00 WATERSHED REVENUES: 4050-1609 Watershed Revenues 4050-3403 State Aid - Watershed TOTAL REVENUES 36,500.00 76,410.00 112,910.00 EARLY INTERVENTION PROGRAM APPROPRIATIONS: A4054.1 Personal Service A4054.4 Contractual Expense TOTAL APPROPRIATIONS 6,000.00 174,000.00 180,000.00 227 SPECIAL MEETING - DECEMBER 14, 1999 EARLY INTERVENTION PROGRAM REVENUES: 4054-1621 Early Intervention Service Fee 4054-3449 State Aid - Early Intervention TOTAL REVENUES 108,000.00 36,000.00 144,000.00 MENTAL HEALTH APPROPRIATIONS: A4310.1 Personal Service A4310.2 Equipment A4310.4 Contractual Expense TOTAL APPROPRIATIONS 607,028.00 4,900.00 513,244.00 1,125,172.00 MENTAL HEALTH REVENUES: 4310-1620 Mental Health Fees 4310-3490 State Aid - Mental Health TOTAL REVENUES 686,787.00 533,732.00 1,220,519.00 MENTAL HEALTH CONTRACT AGENCIES APPROPRIATIONS: A4322.3 Contractual Expense TOTAL APPROPRIATIONS 464,850.00 464,850.00 MENTAL HEALTH CONTRACT AGENCIES REVENUES: 4322-1625 Mental Health Contribution from Private Agencies 4322-1689 Other Health Department Income 4322-2410 Rental of Buildings - Individual 4322-3490 State Aid - Mental Health 4322-4490 Federal Aid - Mental Health TOTAL REVENUES 21,339.00 13,667.00 152,869.00 212,591.00 57,881.00 458,347.00 BUS OPERATIONS APPROPRIATIONS: A5630.4 Contractual Expense TOTAL APPROPRIATIONS 141,259.00 141,259.00 BUS OPERATIONS REVENUES: 5630-3594 State Aid - Bus and Other Mass Transportation 5630-4089 Federal Aid - Other Transportation TOTAL REVENUES 91,213.00 30,000.00 121,213.00 SOCIAL SERVICES ADMINISTRATION APPROPRIATIONS: A6010.1 Personal Service A6010.2 Equipment A6010.4 Contractual Expense TOTAL APPROPRIATIONS 1,039,521.00 16,500.00 631,849.00 1,687,870.00 SOCIAL SERVICES ADMINISTRATION REVENUES: 6010-3610 State Aid - Administration 6010-4610 Federal Aid - Administration 6010-4611 Federal Aid - Food Stamps TOTAL REVENUES 615,750.00 1,067,174.00 70,000.00 1,752,924.00 228 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE DAY CARE APPROPRIATIONS: A6055.4 Contractual Expense TOTAL APPROPRIATIONS 265,000.00 265,000.00 DAY CARE REVENUES: 6055-3655 State Aid - Day Care TOTAL REVENUES 257,500.00 257,500.00 SERVICES FOR RECIPIENTS APPROPRIATIONS: A6070.4 Contractual Expense TOTAL APPROPRIATIONS 38,000.00 38,000.00 SERVICES FOR RECIPIENTS REVENUES: 6070-4670 Federal Aid - Purchase of Services TOTAL REVENUES 28,500.00 28,500.00 MEDICAL ASSISTANCE APPROPRIATIONS: A6101.4 Contractual Expense TOTAL APPROPRIATIONS 260,000.00 260,000.00 MEDICAL ASSISTANCE REVENUES: 6101-1801 Repay of Medical Assistance 6101-3601 State Aid - Medical Assistance 6101-4601 Federal Aid - Medical Assistance TOTAL REVENUES 110,000.00 18,600.00 64,500.00 193,100.00 M.M.I.S. MEDICAL ASSISTANCE APPROPRIATIONS: A6102.4 Contractual Expense TOTAL APPROPRIATIONS M.M.I.S. MEDICAL ASSISTANCE REVENUES: 6102-3602 State Aid - Mentally Disabled TOTAL REVENUES 2,441,000.00 2,441,000.00 460,000.00 460,000.00 SPECIAL NEED (ADULT/FAMILY) APPROPRIATIONS: A6106.4 Contractual Expense TOTAL APPROPRIATIONS 1,000.00 1,000.00 SPECIAL NEED (ADULT/FAMILY) REVENUES: 6106-3606 Special Needs (Adult/Family Homes) TOTAL REVENUES 1,000.00 1,000.00 AID TO DEPENDENT CHILDREN APPROPRIATIONS: A6109.4 Contractual Expense TOTAL APPROPRIATIONS AID TO DEPENDENT CHILDREN REVENUES: 670,000.00 670,000.00 229 SPECIAL MEETING - DECEMBER 14, 1999 6109-1809 Repay of Aid to Dependent Children 6109-1811 Child Support, Incentive Payment 6109-3609 State Aid - Aid to Dependent Children 6109-4609 Federal Aid - Aid to Dependent Children TOTAL REVENUES 45,000.00 15,000.00 168,550.00 337,050.00 565,600.00 CHILD CARE APPROPRIATIONS: A6119.4 Contractual Expense TOTAL APPROPRIATIONS 140,000.00 140,000.00 CHILD CARE REVENUES: 6119-3619 State Aid - Child Care 6119-4619 Federal Aid - Child Care TOTAL REVENUES 70,000.00 40,000.00 110,000.00 JUVENILE DELINQUENCY APPROPRIATIONS: A6123.4 Contractual Expense TOTAL APPROPRIATIONS 172,500.00 172,500.00 JUVENILE DELINQUENCY REVENUES: 6123-1823 Repay of Juvenile Delinquent Care 6123-3623 State Aid - Juvenile Delinquency TOTAL REVENUES 7,000.00 124,125.00 131,125.00 HOME RELIEF APPROPRIATIONS: A6140.4 Contractual Expense TOTAL APPROPRIATIONS 225,000.00 225,000.00 HOME RELIEF REVENUES: 6140-1840 Repay of Home Relief 6140-3640 State Aid - Home Relief TOTAL REVENUES 20,000.00 97,000.00 117,000.00 HOME ENERGY ASSISTANCE APPROPRIATIONS: A6141.4 Contractual Expense TOTAL APPROPRIATIONS 286,000.00 286,000.00 HOME ENERGY ASSISTANCE REVENUES: 6141-1841 Repay of Energy Assistance 6141-4641 Federal Aid - HEAP Program TOTAL REVENUES 10,000.00 276,000.00 286,000.00 EMERGENCY AID FOR ADULTS APPROPRIATIONS: A6142.4 Contractual Expense TOTAL APPROPRIATIONS 3,000.00 3,000.00 EMERGENCY AID FOR ADULTS REVENUES: 6142-3642 State Aid - Emergency Aid for Adults 1,500.00 230 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE TOTAL REVENUES COMMUNITY ACTION PROGRAM APPROPRIATIONS: A6310.4 Contractual Expense TOTAL APPROPRIATIONS PUBLICITY APPROPRIATIONS: A6410.4 Contractual Expense TOTAL APPROPRIATIONS 1,500.00 3,800.00 3,800.00 123,500.00 123,500.00 PUBLICITY REVENUES: 6410-1113 Tax on Hotel Room Occupancy TOTAL REVENUES 56,000.00 56,000.00 VETERAN SERVICE APPROPRIATIONS: A6510.1 Personal Service A6510.2 Equipment A6510.4 Contractual Expense TOTAL APPROPRIATIONS 13,957.00 2,000.00 4,100.00 20,057.00 VETERAN SERVICE REVENUES: 6510-3710 Veterans Service Agencies TOTAL REVENUES WEIGHTS & MEASURES APPROPRIATIONS: A6610.1 Personal Service A6610.2 Equipment A6610.4 Contractual Expense TOTAL APPROPRIATIONS WEIGHTS & MEASURES REVENUES: 6610-3789 Other Economic Assistance and Opportunity TOTAL REVENUES PROGRAMS FOR AGING APPROPRIATIONS: A6772.1 Personal Service A6772.4 Contractual Expense TOTAL APPROPRIATIONS PROGRAMS FOR AGING REVENUES: 6772-1972 Programs for Aging 6772-3772 State Aid - Programs for Aging 6772-4772 Federal Aid - Programs for Aging TOTAL REVENUES OTHER ECONOMIC OPPORTUNITY/DEVELOPMENT APPROPRIATIONS: A6989.4 Contractual Expense (SCIDA) A6989.4 Contractual Expense TOTAL APPROPRIATIONS 5,000.00 5,000.00 10,468.00 100.00 1,753.00 12,321.00 1,900.00 1,900.00 276,631.00 268,509.00 545,140.00 72,000.00 228,000.00 221,000.00 521,000.00 5,000.00 125,000.00 130,000.00 231 SPECIAL MEETING - DECEMBER 14, 1999 OTHER ECONOMIC OPPORTUNITY/DEVELOPMENT REVENUES: 6989-2389 Other Home & Community Service TOTAL REVENUES 47,403.00 47,403.00 SENECA HARBOR PARK APPROPRIATIONS: A7110.1 Personal Service A7110.4 Contractual Expense TOTAL APPROPRIATIONS 15,000.00 8,500.00 23,500.00 SENECA HARBOR PARK REVENUES: 7110-2089 Other Culture and Recreation Departmental Income 7110-2410 Rental of Buildings - Individual 7110-2705 Gifts and Donations TOTAL REVENUES 2,400.00 5,800.00 500.00 8,700.00 YOUTH PROGRAMS APPROPRIATIONS: A7310.1 Personal Service A7310.4 Contractual Expense TOTAL APPROPRIATIONS 141,877.00 89,806.00 231,683.00 YOUTH PROGRAMS REVENUES: 7310-3820 State Aid - Youth Programs 7310-4820 Youth Programs TOTAL REVENUES 94,235.00 100,000.00 194,235.00 LIBRARY APPROPRIATIONS: A7410.4 Contractual Expense TOTAL APPROPRIATIONS 1,000.00 1,000.00 HISTORIAN APPROPRIATIONS: A7510.1 Personal Service A7510.4 Contractual Expense TOTAL APPROPRIATIONS 750.00 500.00 1,250.00 OTHER PERFORMING ARTS APPROPRIATIONS: A7560.4 Contractual TOTAL APPROPRIATIONS 6,500.00 6,500.00 PLANNING APPROPRIATIONS: A8020.4 Contractual Expense TOTAL APPROPRIATIONS REFUSE COLLECTION & DISPOSAL APPROPRIATIONS: A8160.4 Contractual Expense TOTAL APPROPRIATIONS COMMUNITY BEAUTIFICATION - EMC APPROPRIATIONS: 92,000.00 92,000.00 2,473.00 2,473.00 232 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE A8510.3 Contractual Expense TOTAL APPROPRIATIONS 3,600.00 3,600.00 CONSERVATION PROGRAMS APPROPRIATIONS: A8710.3 Contractual Expense TOTAL APPROPRIATIONS 109,483.00 109,483.00 COOPERATIVE EXTENSION APPROPRIATIONS: A8750.4 Contractual Expense TOTAL APPROPRIATIONS 196,125.00 196,125.00 ASSOCIATION FOR THE BLIND APPROPRIATIONS: A8830.4 Contractual Expense TOTAL APPROPRIATIONS STATE RETIREMENT APPROPRIATIONS: A9010.8 Fringe Benefits TOTAL APPROPRIATIONS SOCIAL SECURITY APPROPRIATIONS: A9030.8 Fringe Benefits TOTAL APPROPRIATIONS 600.00 600.00 60,000.00 60,000.00 402,577.00 402,577.00 UNEMPLOYMENT INSURANCE APPROPRIATIONS: A9050.8 Fringe Benefits TOTAL APPROPRIATIONS 15,000.00 15,000.00 DISABILITY INSURANCE APPROPRIATIONS: A9055.8 Fringe Benefits TOTAL APPROPRIATIONS 17,589.00 17,589.00 HOSPITAL AND MEDICAL INSURANCE APPROPRIATIONS: A9060.8 Fringe Benefits TOTAL APPROPRIATIONS OTHER EMPLOYEE BENEFITS A9089.8 Fringe Benefits TOTAL APPROPRIATIONS TRANSFERS TO COUNTY ROAD FUND: A9522.9 Transfers TOTAL TRANSFERS TO COUNTY ROAD TRANSFERS TO MACHINERY FUND: A9524.9 Transfers TOTAL TRANSFERS TO MACHINERY SERIAL BONDS APPROPRIATIONS: 1,255,711.00 1,255,711.00 720.00 720.00 1,457,266.00 1,457,266.00 180,242.00 180,242.00 233 SPECIAL MEETING - DECEMBER 14, 1999 A9710.6 Debt Service - Principal A9710.7 Debt Service - Interest TOTAL APPROPRIATIONS 232,000.00 180,000.00 412,000.00 TRANSFERS TO CAPITAL PROJECTS FUND: A9950.9 Transfers TOTAL TRANSFERS TO CAPITAL PROJECTS 42,497.00 42,497.00 COUNTY ROAD ADMINISTRATION APPROPRIATIONS: D5010.1 Personal Service D5010.2 Equipment D5010.4 Contractual Expense TOTAL APPROPRIATIONS 104,569.00 1,400.00 14,100.00 120,069.00 COUNTY ROAD ADMINISTRATION REVENUES: 0002-2401 Interest on Investments 0002-2620 Forfeiture of Deposits 0002-2650 Sale of Scrap and Excess Material 0002-2680 Insurance Recoveries 0002-2701 Refunds of Prior Years Expenditures 0002-2770 Unclassified Revenues 0002-3501 Consolidated Highway Aid 0002-3589 State Aid Other Transportation 0002-4597 Federal Aid - Other Transportation - Capital Project 0002-5031 Interfund Transfers TOTAL REVENUES 1,400.00 300.00 1,000.00 500.00 1,000.00 50.00 573,739.00 16,200.00 86,400.00 1,457,266.00 2,137,855.00 ENGINEERING APPROPRIATIONS: D5020.4 Contractual Expense TOTAL APPROPRIATIONS 153,100.00 153,100.00 MAINTENANCE OF ROADS APPROPRIATIONS: D5110.1 Personal Service D5110.4 Contractual Expense TOTAL APPROPRIATIONS 313,271.00 428,100.00 741,371.00 PERMANENT IMPROVEMENTS APPROPRIATIONS: D5112.3 Reconstruction CR 22 D5112.5 Reconstruction CR 6 (2.0 miles) TOTAL APPROPRIATIONS 295,000.00 156,822.00 451,822.00 BRIDGES APPROPRIATIONS: D5120.3 Materials, Membrane, Concrete D5120.5 Reconstruction CR 13 Bridge TOTAL APPROPRIATIONS 18,000.00 132,500.00 150,500.00 SNOW REMOVAL APPROPRIATIONS: D5142.1 Personal Service 97,996.00 234 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE D5142.4 Contractual Expense TOTAL APPROPRIATIONS STATE RETIREMENT APPROPRIATIONS: D9010.8 Fringe Benefits TOTAL APPROPRIATIONS 109,500.00 207,496.00 2,051.00 2,051.00 SOCIAL SECURITY APPROPRIATIONS: D9030.8 Fringe Benefits TOTAL APPROPRIATIONS 41,556.00 41,556.00 WORKER=S COMPENSATION APPROPRIATIONS: D9040.8 Fringe Benefits TOTAL APPROPRIATIONS 33,269.00 33,269.00 DISABILITY INSURANCE APPROPRIATIONS: D9055.8 Fringe Benefits TOTAL APPROPRIATIONS 1,576.00 1,576.00 HOSPITAL AND MEDICAL INSURANCE APPROPRIATIONS: D9060.8 Fringe Benefits TOTAL APPROPRIATIONS 117,200.00 117,200.00 SERIAL BONDS APPROPRIATIONS: D9710.6 Debt Service - Principal D9710.7 Debt Service - Interest TOTAL APPROPRIATIONS 71,500.00 46,345.00 117,845.00 MACHINERY FUND APPROPRIATIONS: D5130.1 Personal Service D5130.2 Equipment D5130.4 Contractual Expense TOTAL APPROPRIATIONS 84,615.00 93,375.00 236,300.00 414,290.00 MACHINERY REVENUES: 0003-1789 Other Transportation - Dept. Income 0003-2300 Services Other Governments 0003-2401 Interest on Investments 0003-2650 Sale of Scrap and Excess Material 0003-2665 Sales of Equipment 0003-2801 Interfund Revenues 0003-5031 Interfund Transfers TOTAL REVENUES 8,890.00 110,000.00 1,000.00 1,200.00 10,000.00 180,000.00 180,242.00 491,332.00 SHARED FUEL FACILITY APPROPRIATIONS: D5131.1 Personal Service D5131.4 Contractual Expense TOTAL APPROPRIATIONS 4,640.00 114,250.00 118,890.00 235 SPECIAL MEETING - DECEMBER 14, 1999 STATE RETIREMENT APPROPRIATIONS: D9010.8 Fringe Benefits TOTAL APPROPRIATIONS 369.00 369.00 SOCIAL SECURITY APPROPRIATIONS: D9030.8 Fringe Benefits TOTAL APPROPRIATIONS 7,058.00 7,058.00 WORKER=S COMPENSATION APPROPRIATIONS: D9040.8 Fringe Benefits TOTAL APPROPRIATIONS 5,796.00 5,796.00 DISABILITY INSURANCE APPROPRIATIONS: D9055.8 Fringe Benefits TOTAL APPROPRIATIONS 289.00 289.00 HOSPITAL AND MEDICAL INSURANCE APPROPRIATIONS: D9060.8 Fringe Benefits TOTAL APPROPRIATIONS 23,100.00 23,100.00 SERIAL BONDS APPROPRIATIONS: D9710.7 Debt Service - Interest 12,915.00 TOTAL APPROPRIATIONS 12,915.00 ****************************************************************************************** State and Rev. Attr. Rev. not Attr. Appropriations Federal Aid To Function To Function Legislative Board Judicial Executive Finance Staff Shared Services Special Items Education Public Safety Public Health Transportation Social Services Economic Programs Programs for Aging Youth Programs County General Undistributed Interfund Transfers Debt Service (General) Co. Road Maint. 149,202.00 206,945.00 64,800.00 330,582.00 556,435.00 538,698.00 459,780.00 933,700.00 2,251,184.00 2,792,604.00 141,259.00 6,189,370.00 289,678.00 545,140.00 231,683.00 436,531.00 1,751,597.00 1,680,005.00 412,000.00 1,417,688.00 6,000.00 3,915,000.00 3,300.00 544,512.00 344,717.00 147,478.00 49,000.00 15,000.00 532,509.00 1,624,812.00 30,000.00 248,285.00 255,943.00 1,245,929.00 121,213.00 3,697,249.00 6,900.00 449,000.00 194,235.00 207,000.00 103,403.00 72,000.00 8,700.00 102,600.00 4,250.00 1,310,838.00 236 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Co. Road Perm Imp. Debt Service (Co. Road) Machinery Debt Service (Machinery) Reserve for Uncoll. Taxes TOTAL Estimated Revenues: State and Federal Aid Attributable to Functions Not Att. To Functions 602,322.00 117,845.00 569,792.00 12,915.00 573,739.00 22,681,755.00 6,934,393.00 311,090.00 7,879,471.00 28,583.00 117,845.00 167,327.00 12,915.00 1,637,508.00 6,934,393.00 7,879,471.00 1,637,508.00 Total Estimated Revenues 16,451,372.00 Appropriated Surplus 632,005.00 2000 Tax Levy 5,598,378.00 ****************************************************************************************** Summary By Funds Total General County Road Machinery Appropriations, Excluding Interfund Items: 21,001,750.00 18,281,188.00 2,137,855.00 582,707.00 Interfund Items: 1,680,005.00 1,680,005.00 Total Appropriations 22,681,755.00 19,961,193.00 2,137,855.00 582,707.00 LESS: Est. Revenues, Other than Real Estate Taxes and Excluding Interfund Items: 14,633,864.00 13,822,185.00 680,589.00 131,090.00 Interfund Items: 1,817,508.00 1,457,266.00 360,242.00 Approp. Cash Surplus to 632,005.00 540,630.00 91,375.00 Reduce Tax Levy Total Revenues 17,083,377.00 14,362,815.00 2,137,855.00 582,707.00 Balance of Appropriations to be Raised by Real Estate Taxes: 5,598,378 ****************************************************************************************** SUMMARY OF BUDGET All Funds Total Appropriations of all Funds (excluding Interfund Items) 21,001,750.00 Interfund Items 1,680,005.00 Total Appropriations 22,681,755.00 LESS: Estimated Revenues (excluding Interfund Revenues) 14,633,864.00 Interfund Items 1,817,508.00 Appropriated Cash Surplus to Reduce Tax Levy 632,005.00 Total Estimated Revenues and Appropriated Cash Surplus All Funds 17,083,377.00 General 540,630.00 County Road 0.00 Machinery 91,375.00 Real Estate Levy 5,598,378.00 ****************************************************************************************** 237 SPECIAL MEETING - DECEMBER 14, 1999 ESTIMATED CASH SURPLUS AND RESERVES AT END OF PRESENT FISCAL YEAR General Fund Surplus Estimated cash surplus at end of present 2,980,000.00 fiscal year after deducting est. encumbrances Estimated cash surplus and reserves approp. by Board to reduce tax levy 540,630.00 County Road Surplus 95,000.00 Machinery Surplus 100,000.00 91,375.00 RESERVE FUNDS: Reserve for Uncoll.Taxes: 244,659.00 Constitutional Tax Margin: 3,712,389.00 ****************************************************************************************** YEAR END MEETING DECEMBER 30, 1999 The Year End Meeting of the Schuyler County Legislature was called to order at 4:35 p.m. by Acting Chairman Hastings. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present, except for Chairman Gifford. Assistant County Attorney Morris was also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 481 Motion by Little, Second by Larison. RE: AUTHORIZE PURCHASE OF STORAGE BUILDING AND TRANSFER OF FUNDS - SHERIFF=S DEPARTMENT WHEREAS, the Sheriff=s Department is in need of extra storage space for navigational items, targets, back stops, an all-terrain vehicle and various other items which are currently being stored in private residences throughout the County, and WHEREAS, such items should be stored in an area in which the department has great control. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to purchase a storage building and place said building on County Highway property that is designated for the Sheriff=s Department, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer up to $2,300 from Sheriff account no. 3110.444-Car Operations & Expense to Jail account no. 3150.201-Equipment Misc. for this purchase. VOTE: Passed 7-0. RESOLUTION NO. 482 Motion by Little, Second by Larison. RE: AUTHORIZE REPLACEMENT OF AIR PACKS AND TRANSFER OF FUNDS - SCHUYLER COUNTY JAIL WHEREAS, the air packs for fire rescue work at the Schuyler County Jail have become outdated and obsolete. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to purchase three (3) air packs for a total of $2,400 through the Watkins Glen Fire Department, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $2,400 from Jail account no. 3150.401-Contractual Misc. to Jail account no. 3150.201-Equipment Misc. for this purchase. VOTE: Passed 7-0. RESOLUTION NO. 483 Motion by Little, Second by Larison. RE: AUTHORIZE BIDS FOR PURCHASE OF LIVE BOTTOM TRAILER - HIGHWAY WHEREAS, the Highway Superintendent and Public Works Committee have recommended the purchase of a live bottom trailer, and 238 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE WHEREAS, there is money appropriate in the 2000 budget for this purchase. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Highway Superintendent to set specifications and advertise for bids for the purchase of a live bottom trailer. VOTE: Passed 7-0. RESOLUTION NO. 484 Motion by Larison, Second by Young. RE: AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION OF COUNTY ROAD #13 BRIDGE, OVER BANFIELD CREEK, BIN NUMBER 3332300 WHEREAS, Schuyler County accepted a proposal for engineering services for County Road #13 bridge replacement over Banfield Creek, BIN #3332300, Town of Cayuta, and WHEREAS, the project design is completed, it is now necessary to advertise for bids for construction, and WHEREAS, funding for said project is appropriated in the 2000 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to advertise for bids for the construction of County Road #13 Bridge, BIN #3332300, and BE IT FURTHER RESOLVED, that bids will be opened at a bid opening February 9, 2000. The County of Schuyler reserves the right to accept or reject any and all bids. VOTE: Passed 7-0. RESOLUTION NO. 485 Motion by Larison, Second by Young. RE: ACCEPT QUOTE FOR LEASE OF VEHICLE - HIGHWAY WHEREAS, the Highway Superintendent and Public Works Committee have gone over quotes received from various dealers for the lease of a new Sports Utility Vehicle, and WHEREAS, the state bid price was the next lowest at $344.00 for 36 months, plus additional $175 for delivery which is in 90 days from date of purchase, and WHEREAS, Clifford Motors came in with the lowest quote, at a savings of $2,087.35. First payment waived, no delivery charge with the vehicle available for immediate delivery, and WHEREAS, there is money in 5130.444 in the 2000 budget for this lease expense. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the quote from Clifford Motors for $299.19 per month for 35 months, said offer expires December 31, 1999, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign a lease agreement with GMAC (through Clifford Motors) for a 2000 Chevrolet Blazer as set forth above; subject to the approval of the Schuyler County Attorney. VOTE: Passed 7-0. RESOLUTION NO. 486 Motion by Larison, Second by Young. RE: AUTHORIZE PURCHASE OF COPIER AND TRANSFER OF FUNDS - REAL PROPERTY TAX OFFICE WHEREAS, making copies of tax maps is an integral function of the Real Property Tax Office, and WHEREAS, the maintenance agreement for the engineering copier in the Real Property Tax Office will expire at the end of February, 2000, and WHEREAS, the engineering copier is in need of replacement. NOW, THEREFORE, BE IT RESOLVED, that the Treasurer is hereby authorized to transfer $5,600 from Contingency account no. 1990.5 to Real Property Tax Agency account no 1355.209 for the purchase of an engineering copier. VOTE: Passed 6-1. No: Marvel. RESOLUTION NO. 487 Motion by Karius, Second by Larison. RE: AUTHORIZE CERTIFICATION OF COST ALLOCATION PLAN BE IT RESOLVED, that the Schuyler County Legislature hereby accept the 1998 Cost Allocation Plan prepared by David Griffith Associates for Schuyler County Department of Social Services= claiming of Countywide administrative costs and maintenance in lieu of rent in 1998, and YEAR END MEETING - DECEMBER 30, 1999 239 BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to certify the plan to the NYS Department of Social Services. VOTE: Passed 7-0. RESOLUTION NO. 488 Motion by Karius, Second by Larison. RE: RESOLUTION TO PROVIDE NOTICE OF A PUBLIC HEARING ON THE PROPOSAL TO CREATE AN AGRICULTURAL DISTRICT COMPRISING CERTAIN LANDS IN THE TOWNS OF CATHARINE, CAYUTA AND MONTOUR, TO BE KNOWN AS SCHUYLER COUNTY AGRICULTURAL DISTRICT #3 WHEREAS, the Schuyler County Legislature was presented petitions on October 11, 1999 in support of a proposal to create an agricultural district comprising certain lands in the Towns of Catharine, Cayuta and Montour, and WHEREAS, the New York State Agricultural Districts Law, enacted in 1971, has been the state=s most effective tool for maintaining lands in agriculture and which recognizes that agricultural lands are an important and irreplaceable resource, that they are being lost due to development, high costs of doing business, and regulatory restraints, and that certain actions can be taken to retain lands in agriculture, and WHEREAS, Agricultural District designation provides the following limited mechanisms for assisting farmers and protecting agricultural land: $ eligibility for agricultural assessments $ limitation on local regulations which inhibit farming operations, unless necessary for public health and safety $ encouragement of consistency with agricultural district program objectives by state agencies and policies $ limitations on the exercise of eminent domain and other public acquisitions $ notice requirements on public actions and review of the effect of such actions on farming $ restrictions on benefit assessments, special ad valorem levies or other rates or fees in certain improvement districts or benefit areas to one-half acre surrounding any dwelling or non-farm structure $ four year property tax exemptions for lands on which there are certain crop or orchard replantings or extension $ promotion of the coordination of local planning and land use decision making with the agricultural district program $ provides a limited defense from public nuisance lawsuits against sound agricultural practices $ prior to purchasing land in an agricultural district, buyers are to be informed that their property is in the district and that certain activities, smells, and sounds are to be expected, and WHEREAS, the proposal for Agricultural District #3 has been filed with the Schuyler County Legislature pursuant to Section 303 of Article 25AA of the Agriculture and Markets Law of New York State, and WHEREAS, the Legislature provided for the initial 30-day public comment period on the proposal which ran from 10/18/99 to 11/19/99, and WHEREAS, the proposal has been reviewed and commented on by the Schuyler County Planning Commission and the Schuyler County Agricultural and Farmland Protection Board as required, revised by the staff of Cornell Cooperative Extension as necessary, and forwarded to the Legislature for consideration of approval. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Legislature will conduct a public hearing on the Agricultural District #3 proposal on January 18, 2000 at 7:00 p.m. at the Rural Urban Center. 2. The Clerk of the Legislature shall publish the required notice of public hearing in the Watkins Review & Express and the Elmira Star-Gazette. Said notice of public hearing shall contain all the information as specified and required by Article 25AA of the Agriculture and Markets Law of New York State. 3. The Clerk of the Legislature shall ensure that the notice of public hearing is mailed to all owners of real property which is proposed to be included within the proposed district, to those municipalities whose territory encompasses the proposed district, to the Commissioner of Agriculture and Markets, to the Commissioner of Environmental Conservation, and to the Secretary of State and the Advisory Council on 240 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE Agriculture as specified and required by Article 25AA of the Agriculture and Markets Law of New York State. Said mailing will be accomplished primarily through the contracted services of Cornell Cooperative Extension of Schuyler County as previously agreed. The mailing may include additional information at the discretion of Cooperative Extension which will assist property owners in better understanding the agricultural districts program generally and this proposal specifically. VOTE: Passed 7-0. RESOLUTION NO. 489 Motion by Karius, Second by Larison. RE: RESOLUTION OF THE SCHUYLER COUNTY LEGISLATURE APPROVING THE ISSUANCE OF UP TO $3,000,000 CIVIC FACILITY REVENUE BONDS (SCHUYLER HOSPITAL, INC. PROJECT) SERIES 1999, BY THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY WHEREAS, the Schuyler County Legislature (the ALegislature@) has been advised by the Schuyler County Industrial Development Agency (the AIssuer@) that the Issuer proposes to issue, contingent upon the adoption of this Resolution, for the benefit of Schuyler Hospital, Inc. (the AHospital@), its Civic Facility Revenue Bonds (Schuyler Hospital, Inc. Project) Series 1999, in an aggregate principal amount sufficient to undertake the below described Project in an amount not to exceed $3,000,000 (the ABonds@), and WHEREAS, the Project relates to a certain parcel of land located at 220 Steuben Street, Montour Falls, New York (the ALand@) and the existing improvements thereon, consisting principally of the Hospital=s facilities, including the Skilled Nursing Facility and Primary Care Center (the AExisting Buildings@), and the existing machinery, equipment, furnishings and other items of tangible personal property located therein (the AExisting Equipment@), and consists of: A) the refinancing of certain existing mortgage loans (the AMortgage Loans@) issued for the benefits of the Hospital, the proceeds of which Mortgage Loans were originally applied to finance the construction of the Hospital in 1971 and the construction of a primary care center (the APrimary Care Center@) in 1975; B) the acquisition, construction and equipping of an approximately 2,356 square-foot addition to the Existing Buildings and reconstruction and renovation of approximately 2,009 square-feet of the Existing Buildings, both to enlarge and renovate the emergency room and registration areas and to separate the emergency vehicle and ambulatory patient entrances (the AImprovement@); C) the acquisition and installation in and around the Existing Buildings of certain machinery, equipment and other items of tangible personal property (the AEquipment@ and, collectively with the Land, the Existing Buildings, the Existing Equipment and the Improvements, the AFacility@); D) paying certain costs and expenses incidental to the issuance of the bonds (as hereinafter defined) (the costs associated with items (A) through (D) above being hereinafter collectively referred to as the AProject Costs@); E) the financing of all or a portion of the costs of the foregoing by the issuance of its civic facility revenue bonds in one or more issues or series in a maximum aggregate principal amount of $3,000,000 (the ABonds@); F) the lease (with an obligation to purchase) or sale of the facilities financed with the Bonds to the Hospital or such other person as may be designated by the Hospital and agreed upon the by the Issuer, and WHEREAS, pursuant to Section 147(c) of the Internal Revenue Code of 1986, as amended, (the ACode@) interest on the Bonds will not be excluded from gross income for Federal Income Tax purposes unless the issuance of the bonds is approved by the Legislature after a public hearing to consider both the issuance of the Bonds and the nature and location of the facilities financed therewith has been conducted following reasonable public notice, and WHEREAS, on December 22, 1999 the Issuer held such a public hearing upon proper notice in compliance with the Code, and WHEREAS, to aid the Legislature in its deliberations, the Issuer has made available to the members of the Legislature prior to this meeting, (a) the Hospital=s application to the Issuer for financial assistance; (b) the Environmental Assessment Form and related documents submitted by the Hospital to the Issuer and related negative YEAR END MEETING - DECEMBER 30, 1999 241 declaration issued by the Issuer; (c) the notice of public hearing published by the Issuer on November 17, 1999 in The Watkins Review & Express, together with the affidavit of publication of such newspaper, and (d) the minutes of such public hearing held on December 22, 1999. NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature, as follows: Section 1. For the sole purpose of qualifying the interest payable on the bonds for exclusion from gross income for Federal income tax purposes, pursuant to the provisions of the Internal Revenue Code of 1986, as amended, including in particular Section 147 (f) of the Code, the Schuyler County Legislature, as the elected legislative body of Schuyler County (the ACounty@), hereby approves the issuance by the Issuer of the Bonds, provided that the Bonds, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the state or any political subdivision thereof, including without limitation the County, and neither the state nor any political subdivision thereof, including without limitation the County, shall be liable thereon. Section 2. This Resolution shall be deemed to be made for the benefit of the holders of the Bonds. Section 3. This Resolution shall take effect immediately. DISCUSSION: Legislator Young asked the Assistant County Attorney to summarize what this resolution means in terms of the County=s liability/responsibility. Attorney Morris said it is his understanding that there is no liability to the County. The County is verifying that this is fundable. Federal tax law dictates that a local government needs to verify a not-for-profit organization. Terry Horgan, Chairman of SCIDA, added that the County has a cap of 10 million dollars in tax exempt bonds available each year. SCIDA comes to the County to see if the County is going to use that full amount. There is no responsibility to the County. Attorney Morris noted that the $3 million (if passed) will go against the County=s 1999 borrowing limit and will not affect borrowing for 2000. VOTE: Passed 7-0. RESOLUTION NO. 490 Motion by Larison, Second by Marvel. RE: DEDICATION OF 1999 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 AProceedings of the County Legislature of the County of Schuyler for the year 1999" contain a tribute to Henry P. Simmons, Jr., former Motor Equipment Operator; Robert Horton, Sr., former Heavy Equipment Operator; Michael Dillon, former Heavy Equipment Operator; and Richard L. Little, former Legislator (subject to any other retirements effective by 12/31/99). VOTE: Passed 7-0. RESOLUTION NO. 491 Motion by Larison, Second by Marvel. RE: AUTHORIZE TEMPORARY DEPUTY APPOINTMENT - LEGISLATURE WHEREAS, the Deputy Clerk of the Legislature is out on medical leave for a period of two months, and WHEREAS, due to the timing of the medical leave, the Clerk of the Legislature severely needs a temporary Deputy to assist with the necessary ministerial duties that only the Clerk or Deputy Clerk can perform, and WHEREAS, County Law Section 401 allows for the appointment of deputies by heads of departments, and WHEREAS, the Personal Secretary to the Legislature has offered to fill said void on a temporary basis. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by Gail M. Hughey, Clerk, of Robin D. Thoman as Deputy Clerk to the Legislature, effective December 20, 1999 until such time as the Deputy Clerk of the Legislature returns from medical leave, and BE IT FURTHER RESOLVED, that this Legislature hereby authorizes a temporary salary of $23,100 (base of grade) be paid to Robin D. Thoman to compensate her for the additional responsibilities during this temporary appointment, there being sufficient funds in both the 1999 and 2000 Legislature personal services accounts to cover said compensation. VOTE: Passed 7-0. RESOLUTION NO. 492 Motion by Larison, Second by Marvel. 242 RE: 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTION CANCELING TAX LIEN WHEREAS, parcel 112-1-20.11 is located in the Town of Cayuta and assessed to Bowdoin Storage Services, Inc., and WHEREAS, such parcel was included in the 1999 tax sale proceedings with some $63,190.75 presently due, and WHEREAS, upon the advice of the Schuyler County Attorney, the parcel was withdrawn pursuant to Section 1128(a) of the Real Property Tax Law as the parcel was not identifiable or salable since it was not based on an identifiable real estate interest. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby determine, pursuant to Real Property Tax Law Section 1138-6(a), that there is no practical method to enforce the collection of such lien and such lien be therefore canceled, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer file a Certificate of Prospective Cancellation of such lien pursuant to Real Property Tax Law Section 1138-6(d), and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be directed to allocate the appropriate chargebacks over a 3 year period commencing in the year 2001, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Town of Cayuta and Horseheads School District. VOTE: Passed 7-0. RESOLUTION NO. 493 Motion by Karius, Second by Little. RE: AUTHORIZE TRANSFER OF FUNDS FOR TRAVEL EXPENSE - COUNTY ADMINISTRATOR WHEREAS, the County Administrator Search Committee has reviewed the credentials of the candidates for County Administrator, selected the top candidates and is ready to arrange interviews, and WHEREAS, the Management and Finance Committee recommends the County provide one dinner, travel and motel expenses for the interviewees, and WHEREAS, there will be surplus monies in County Administrator account no. 1230.100-Personal Services due to the position not being filled at the beginning of the year 2000. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be hereby authorized to create line item 1230.440-Travel Expense, and to transfer up to $6,000 from County Administrator account no. 1230.100 to account no. 1230.440 to cover expenses for interviewing potential County Administrator candidates. VOTE: Passed 5-2. Noes: Larison & Young. RESOLUTION NO. 494 Motion by Karius, Second by Little. RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 1999 SETTING THE SALARY OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 2000 WHEREAS, the Schuyler County Legislature has determined the salaries for certain public officials for the year 2000, and WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6 of the year 1999, 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 January 10, 2000 at 7:30 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 6 OF THE YEAR 1999 A Local Law Setting the Salaries of Certain Public Officers for the year 2000. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated beginning to January 1, 2000. 2. The following public officers are subject to the provision hereof: District Attorney $40,000 243 YEAR END MEETING - DECEMBER 30, 1999 Assistant District Attorney $22,500 3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24. VOTE: Passed 7-0. RESOLUTION NO. 495 Motion by Karius, Second by Little. RE: AUTHORIZE TRANSFER OF FUNDS - VARIOUS DEPARTMENTS BE IT RESOLVED, that the Schuyler County Treasurer be authorized to make the following account transfers in order to balance out the 1999 accounts, to wit: FROM ACCOUNT NO. AMOUNT TO ACCOUNT NO. AMOUNT 1) 1010.410 $ 10.50 1010.431 $ 10.50 2) 1165.538 949.21 1165.328 1165.407 1165.416 1165.439 70.01 594.20 281.35 3.65 3) 1170.407 1170.431 1170.433 1170.439 1185.400 1185.401 1185.409 1185.430 1185.431 1165.409 1165.410 1165.430 1165.431 1165.433 1165.443 1165.538 1990.500 1230.409 124.15 164.00 38.30 29.56 4,062.60 250.00 500.00 1,491.88 260.00 21.15 89.39 87.35 20.83 9.43 62.02 50.79 237.93 356.03 1170.435 7,855.41 4) 1990.500 40.00 1180.400 40.00 5) 1325.435 788.15 1325.100 1325.101 681.68 106.47 6) 7) 1355.101 1410.100 382.99 9.39 1355.100 1410.101 382.99 9.39 8) 1430.100 719.20 1430.200 719.20 9) 1450.408 568.24 1450.100 1450.101 118.49 449.75 244 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 10) 1620.439 1.78 1610.439 1.78 11) 1620.101 1620.449 1,965.00 2,203.77 1620.100 1620.426 1620.442 1620.448 1620.490 3,094.93 216.52 292.64 227.50 337.18 12) 1910.419 1990.500 45,502.00 3,482.23 2490.400 48,984.23 13) 1990.500 14,925.88 2960.400 2960.440 13,094.68 1,831.20 14) 3110.100 3110.102 3150.100 2,499.70 2,489.84 6,703.66 3110.101 11,693.20 15) 3110.418 755.89 3110.444 755.89 16) 3111.101 3150.102 149.78 2,085.35 3111.100 3111.102 114.80 2,120.33 17) 3140.100 1,216.00 3140.101 1,216.00 18) 3140.431 13.39 3140.410 13.39 19) 3150.100 7,756.30 3150.101 7,756.30 20) 3150.411 234.41 3150.401 234.41 21) 3315.113 118.74 3315.117 118.74 22) 3510.101 3510.400 3510.442 3150.100 1,230.52 452.59 401.74 822.99 3510.100 3510.102 .20 2,907.64 23) 3689.431 1.13 3689.410 1.13 24) 25) 4010.100 4010.204 12,321.97 654.76 4010.101 4010.278 12,321.97 654.76 26) 4010.429 4010.430 4010.435 4010.471 4010.490 306.57 1,378.99 125.00 72.71 967.18 4010.328 4010.439 4010.444 4010.468 4010.470 23.34 857.87 215.00 1,400.00 354.24 245 YEAR END MEETING - DECEMBER 30, 1999 27) 1990.500 3,017.17 4046.400 3,017.17 28) 4050.101 4050.439 1,000.00 392.89 4050.100 4050.410 1,389.92 2.97 29) 6109.400 6123.400 6140.400 58,644.00 36,223.00 10,964.87 6055.400 6101.400 6102.400 6119.400 8,252.68 5,893.52 69,276.00 22,409.67 30) 6610.403 2.51 6610.100 2.51 31) 6772.438 6772.442 6772.454 3,132.06 3,909.59 6,657.54 6772.439 6772.440 6772.490 106.65 33.26 13,559.28 32) 7310.100 30.37 7310.101 30.37 33) 9050.805 5,836.34 9055.806 5,836.34 34) 9010.801 9030.802 9050.805 1930.400 1990.500 3150.454 6010.314 6010.435 6010.484 9089.800 7,465.46 35,076.44 1,754.46 3,200.00 7,637.80 3,921.48 14,636.76 12,010.50 35,039.43 306.51 9060.807 121,048.84 35) 4010.101-4054 115.15 4010.100-4054 115.15 36) 4010.204 162.16 4010.201 162.16 37) 4010.204 4010.389 4010.407 4010.431 4010.433 4010.471 4010.478 424.40 63.65 20.00 11.37 12.08 46.86 36.12 4010.466 614.48 38) 4042.435 4042.473 389.40 219.01 4042.358 608.41 39) 6989.400 4,181.19 6410.436 4,181.19 246 40) 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 6510.402 3.68 6510.100 3.68, and BE IT FURTHER RESOLVED, that this authorization include financing capital projects with fund balance as determined by the Schuyler County Treasurer. VOTE: Passed 7-0. RESOLUTION NO. 496 Motion by Little, Second by Karius. RE: AUTHORIZE ADVERTISEMENT FOR PURCHASING AGENT VACANCY WHEREAS, the Schuyler County Purchasing Agent has submitted his resignation effective January 14, 2000. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts, with regrets, the resignation of Larry Sassano as Schuyler County Purchasing Agent effective January 14, 2000, and BE IT FURTHER RESOLVED, that the Personnel Officer be hereby authorized to immediately advertise to fill said position. DISCUSSION: The Legislators commended Larry Sassano for his dedication to the County and noted that he will be sorely missed. VOTE: Passed 7-0. RESOLUTION NO. 497 Motion by Little, Second by Karius. RE: AUTHORIZE INCREASE IN HOME HEALTH AGENCY RATES WHEREAS, it is recommended and desirable that the Home Health Agency increase some of its rates so that the cost per visit will not exceed the rates per visit. NOW, THEREFORE, BE IT RESOLVED, that the Home Health Agency shall increase its rates effective January 1, 2000, as follows: SERVICE CURRENT RATE NEW RATE Skilled Nursing $80.00 per visit $95.00 per visit Physical Therapy $90.00 per visit $100.00 per visit Occupational Therapy $90.00 per visit $100.00 per visit Speech Therapy $90.00 per visit $100.00 per visit Medical Social Worker $90.00 per visit $100.00 per visit VOTE: Passed 7-0. WITHDRAWN RE: APPOINTMENTS - SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY (SCIDA) DISCUSSION: Acting Chairman Hastings noted that the Legislative Office found a resolution that appointed Carl Taber until 12/31/2000. Terry Horgan, Chairman of SCIDA, will check on his records. Acting Chairman Hastings asked the Board for direction. Legislator Young would like to table this resolution until the Chairman is present. Her review of the by-laws indicates that appointments are made by the Chairman and approved by the Legislature. Acting Chairman Hastings confirmed that the Legislative Chairman appoints to all committees, then brings the resolutions to the full Legislature. In this case, Legislator Marvel chose to take these appointment to the Community Development and Natural Resources Committee and this is the resolution that came out of that committee. There was further discussion on the Chairman=s recommendation of names, and the process to be followed. Mr. Horgan clarified that the IDA does not recommend anyone, they simply forward the names. MOTION by Young, SECOND by Bleiler to put this question on the Organizational Meeting Agenda. Assistant County Attorney Morris will research the legal aspect of appointing to the IDA by that meeting. Legislator Marvel said he will withdraw his resolution at this time so that he can go back and look at the bylaws of SCIDA. He urged the Legislature to make sure they act on appointing the new members at the Organizational Meeting. MOTION WITHDRAWN. UNFINISHED BUSINESS: 247 YEAR END MEETING - DECEMBER 30, 1999 Acting Chairman Hastings acknowledged the fact that this meeting was Legislator Richard Little=s last meeting. She noted that he is a gentleman and has been a cooperative colleague over the last two years. She presented Legislator Little with a key to the County. PUBLIC PARTICIPATION: Terry Horgan assured the Legislature that the letter that was sent forth from the IDA was just a list of names and not a recommendation. He hopes the respect between the IDA and Legislature continues. Acting Chairman Hastings presented Terry Horgan with a key to the County as he is resigning his position on the IDA Board once a new appointment is made. Acting Chairman Hastings acknowledged Mr. Horgan=s work on the IDA Board. The meeting adjourned at 5:19 p.m. Gail M. Hughey, Clerk Robin D. Thoman, Personal Secretary ANNUAL BUDGET OF 1999 Budget of Schuyler County for Fiscal Year Beginning January 1, 1999 Tentative Budget - Filed November 19, 1998 Adopted December 18, 1998 NANCY A. PETERS, BUDGET OFFICER LEGISLATURE APPROPRIATIONS: A1010.1 Personal Service116,634.00 36,985.00 TOTAL APPROPRIATIONS LEGISLATURE REVENUES: 1010-1081 Other Payments In Lieu of Taxes 1010-1110 State Admin. Sales and Use Tax 1010-2660 Sales of Real Property 1010-2720 Off Track Betting 1010-4089 Federal Aid - Other (Entitlement Land) TOTAL REVENUES A1010.4 Contractual Expense 153,619.00 85,000.00 2,651,805.00 5,000.00 20,000.00 6,000.00 2,767,805.00 DISTRICT ATTORNEY APPROPRIATIONS: A1165.1 Personal Service A1165.4 Contractual Expense TOTAL APPROPRIATIONS 72,518.00 26,905.00 99,423.00 PUBLIC DEFENDER APPROPRIATIONS: A1170.1 Personal Service A1170.4 Contractual Expense TOTAL APPROPRIATIONS 30,383.00 43,600.00 73,983.00 248 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE JUSTICE OF THE PEACE APPROPRIATIONS: A1180.4 Contractual Expense TOTAL APPROPRIATIONS 500.00 500.00 CORONERS APPROPRIATIONS: A1185.4 Contractual Expense TOTAL APPROPRIATIONS 13,000.00 13,000.00 COUNTY ADMINISTRATOR APPROPRIATIONS: A1230.1 Personal Services A1230.4 Contractual Expense TOTAL APPROPRIATIONS 40,000.00 2,800.00 42,800.00 COUNTY TREASURER APPROPRIATIONS: A1325.1 Personal Service A1325.4 Contractual Expense TOTAL APPROPRIATIONS 106,688.00 73,490.00 180,178.00 COUNTY TREASURER REVENUES: 1325-1090 Interest and Penalties on Taxes 1325-1091 Penalties on Special Assessments 1325-1230 Clerk/Treasurer Fees 1325-2401 Interest on Investments TOTAL REVENUES 190,200.00 18,000.00 8,800.00 105,000.00 322,000.00 BUDGET OFFICER APPROPRIATIONS: A1340.1 Personal Service A1340.4 Contractual Expense TOTAL APPROPRIATIONS REAL PROPERTY TAX SERVICE APPROPRIATIONS: A1355.1 Personal Service A1355.4 Contractual Expense TOTAL APPROPRIATIONS 1,000.00 750.00 1,750.00 77,894.00 25,300.00 103,194.00 REAL PROPERTY TAX SERVICE REVENUES: 1355-2201 Tax Assessment Service 1355-3040 Tax Maps and Assessments TOTAL REVENUES 3,475.00 2,000.00 5,475.00 TAX SALE ADVERTISING AND EXPENSE APPROPRIATIONS: A1362.4 Contractual Expense TOTAL APPROPRIATIONS 3,500.00 3,500.00 TAX SALE ADVERTISING AND EXPENSE REVENUES: 1362-1235 Charges - Tax Advertising and Expense TOTAL REVENUES 3,500.00 3,500.00 249 ANNUAL BUDGET OF 1999 PROPERTY ACQUIRED FOR TAXES APPROPRIATIONS: A1364.4 Contractual Expense TOTAL APPROPRIATIONS 25,000.00 25,000.00 PROPERTY ACQUIRED FOR TAXES REVENUES: 1364-1230 Clerk/Treasurer Fees TOTAL REVENUES 25,000.00 25,000.00 COUNTY CLERK APPROPRIATIONS (INCLUDES MOTOR VEHICLE): A1410.1 Personal Service A1410.2 Equipment A1410.4 Contractual Expense TOTAL APPROPRIATIONS 141,001.00 3,400.00 21,150.00 165,551.00 COUNTY CLERK REVENUES: 1410-1255 County Clerk Fees TOTAL REVENUES 175,000.00 175,000.00 COUNTY ATTORNEY APPROPRIATIONS: A1420.1 Personal Service A1420.4 Contractual Expense TOTAL APPROPRIATIONS 115,912.00 26,169.00 142,081.00 COUNTY ATTORNEY REVENUES: 1420-1265 Attorney Fees TOTAL REVENUES 121,188.00 121,188.00 CIVIL SERVICE/PERSONNEL APPROPRIATIONS: A1430.1 Personal Service A1430.4 Contractual Expense TOTAL APPROPRIATIONS 88,329.00 52,200.00 140,529.00 CIVIL SERVICE/PERSONNEL REVENUES: 1430-1260 Personnel Fees TOTAL REVENUES ELECTIONS APPROPRIATIONS: A1450.1 Personal Service A1450.4 Contractual Expense TOTAL APPROPRIATIONS ELECTIONS REVENUES: 1450-2215 Election Services TOTAL REVENUES RECORDS MANAGEMENT APPROPRIATIONS: A1460.1 Personal Service A1460.4 Contractual Expense 1,000.00 1,000.00 32,295.00 27,150.00 59,445.00 750.00 750.00 18,690.00 1,110.00 250 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE TOTAL APPROPRIATIONS RECORDS MANAGEMENT REVENUES: 1460-1289 Other General Government Department Income TOTAL REVENUES 19,800.00 9,400.00 9,400.00 CENTRAL SERVICES APPROPRIATIONS: A1610.4 Contractual TOTAL APPROPRIATIONS 61,700.00 61,700.00 CENTRAL SERVICES REVENUES: 1610-1270 Shared Services Charges TOTAL REVENUES 69,183.00 69,183.00 BUILDINGS APPROPRIATIONS: A1620.1 Personal Service A1620.4 Contractual Expense TOTAL APPROPRIATIONS 206,763.00 140,911.00 347,674.00 BUILDINGS REVENUES: 1620-1270 Shared Services Charges 1620-2410 Rental of Buildings - Individual 1620-2650 Sale of Scrap and Excess Material 1620-3021 Court Facilities Aid TOTAL REVENUES: 15,295.00 60,602.00 500.00 30,000.00 106,397.00 BUILDINGS AND GROUNDS - MOBILE WORK CREW APPROPRIATIONS: A1621.1 Personal Service A1621.4 Contractual TOTAL APPROPRIATIONS 24,906.00 2,950.00 27,856.00 BUILDINGS AND GROUNDS - MOBILE WORK CREW REVENUES: 1621-1289 Other General Government Dept. Income TOTAL REVENUES 36,834.00 36,834.00 GROUNDS APPROPRIATIONS: A1622.4 Contractual TOTAL APPROPRIATIONS 8,000.00 8,000.00 PROFESSIONAL CONSULTANT APPROPRIATIONS: A1630.4 Contractual Expense TOTAL APPROPRIATIONS 5,000.00 5,000.00 STOREROOM APPROPRIATIONS: A1660.1 Personal Service A1660.4 Contractual Expense TOTAL APPROPRIATIONS 30,285.00 2,350.00 32,635.00 251 ANNUAL BUDGET OF 1999 CENTRAL STOREROOM REVENUES: 1660-2770 Unclassified Revenues TOTAL REVENUES 1,600.00 1,600.00 CENTRAL DATA PROCESSING APPROPRIATIONS: A1680.1 Personal Service A1680.4 Contractual Expense TOTAL APPROPRIATIONS 30,000.00 13,400.00 43,400.00 CENTRAL DATA PROCESSING REVENUES: 1680-1289 Other General Governmental Income - Training TOTAL REVENUES 22,250.00 22,250.00 UNALLOCATED INSURANCE APPROPRIATIONS: A1910.4 Contractual TOTAL APPROPRIATIONS UNALLOCATED INSURANCE REVENUES: 1910-2680 Insurance Recoveries TOTAL REVENUES 168,952.00 168,952.00 79,758.00 79,758.00 MUNICIPAL ASSOCIATION DUES APPROPRIATIONS: A1920.4 Contractual TOTAL APPROPRIATIONS 2,760.00 2,760.00 JUDGMENTS & CLAIMS APPROPRIATIONS: 1930.4 Contractual TOTAL APPROPRIATIONS 4,800.00 4,800.00 TAXES & ASSESSMENTS ON PROPERTY APPROPRIATIONS: A1950.4 Contractual TOTAL APPROPRIATIONS CONTINGENCY ACCOUNT APPROPRIATIONS: A1990.5 Contingencies TOTAL APPROPRIATIONS 240.00 240.00 50,000.00 50,000.00 COMMUNITY COLLEGE TUITION APPROPRIATIONS: A2490.4 Contractual TOTAL APPROPRIATIONS 500,000.00 500,000.00 EDUCATION - HANDICAPPED CHILDREN APPROPRIATIONS: A2960.4 Contractual TOTAL APPROPRIATIONS 433,400.00 433,400.00 EDUCATION - HANDICAPPED CHILDREN REVENUES: 2960-1689 Other Health Department Income 2960-3277 Education - Handicapped Children 15,000.00 248,285.00 252 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE TOTAL REVENUES EDUCATION - MEDICAL SCHOLARSHIP APPROPRIATIONS: A2980.4 Contractual Expense TOTAL APPROPRIATIONS 263,285.00 300.00 300.00 PUBLIC SAFETY COMMUNICATIONS APPROPRIATIONS: A3020.4 Contractual Expense TOTAL APPROPRIATIONS 35,000.00 35,000.00 PUBLIC SAFETY COMMUNICATIONS REVENUES: 3020-1140 Emergency Telephone Surcharge TOTAL REVENUES 35,000.00 35,000.00 SHERIFF APPROPRIATIONS: A3110.1 Personal Service A3110.4 Contractual Expense TOTAL APPROPRIATIONS 415,458.00 156,450.00 571,908.00 SHERIFF REVENUES: 3110-1510 Sheriff Fees 3110-1589 Other Public Safety Dept. Income 3110-2650 Sale of Scrap and Excess Material 3110-4320 Crime Control TOTAL REVENUES 134,000.00 50,000.00 3,000.00 40,000.00 227,000.00 NAVIGATION APPROPRIATIONS: A3111.1 Personal Service A3111.2 Equipment A3111.4 Contractual Expense TOTAL APPROPRIATIONS 14,000.00 9,000.00 2,400.00 25,400.00 NAVIGATION REVENUES: 3111-3315 State Aid - Navigation Law Enforcement TOTAL REVENUES 19,000.00 19,000.00 HECTOR LAND PATROL APPROPRIATIONS: A3112.1 Personal Service TOTAL APPROPRIATIONS 2,500.00 2,500.00 HECTOR LAND PATROL REVENUES: 3112-4080 Federal Aid - Hector Land Use Area TOTAL REVENUES 2,500.00 2,500.00 PROBATION APPROPRIATIONS: A3140.1 Personal Service A3140.2 Equipment A3140.4 Contractual Expense 152,877.00 3,050.00 18,538.00 253 ANNUAL BUDGET OF 1999 TOTAL APPROPRIATIONS PROBATION REVENUES: 3140-1580 Restitution 3140-1589 Other (Investigation Fees) 3140-2610 Fines and Forfeited Bail 3140-3310 State Aid - Probation Services TOTAL REVENUES 174,465.00 1,500.00 4,200.00 1,400.00 57,139.00 64,239.00 JAIL APPROPRIATIONS: A3150.1 Personal Service A3150.4 Contractual Expenses A3150.6 Lease/Purchase TOTAL APPROPRIATIONS 688,067.00 180,700.00 2,300.00 871,067.00 JAIL REVENUES: 3150-1512 Board of Prisoners - Other Munic. 3150-3316 State Aid - Board of Prisoners 3150-3330 State Aid - Unified Court Budget 3150-4389 Other Breakfast/Lunch Program TOTAL REVENUES 150,000.00 25,000.00 43,000.00 2,000.00 220,000.00 TRAFFIC CONTROL APPROPRIATIONS: A3310.4 Contractual Expense TOTAL APPROPRIATIONS 50.00 50.00 STOP D.W.I. APPROPRIATIONS: A3315.1 Personal Service A3315.2 Equipment A3315.4 Contractual Expense TOTAL APPROPRIATIONS 33,879.00 10,000.00 23,608.00 67,487.00 STOP D.W.I. REVENUES: 3315-2615 Stop D.W.I. Fines TOTAL REVENUES 45,000.00 45,000.00 FIRE-EMERGENCY MEDICAL APPROPRIATIONS: A3412.4 Contractual Expense TOTAL APPROPRIATIONS 23,646.00 23,646.00 FIRE-EMERGENCY MEDICAL REVENUES: 3412-1588 Bureau of Fire - EMS Books 3412-3489 Other Health - EMS TOTAL REVENUES 1,750.00 18,775.00 20,525.00 CONTROL OF DOGS APPROPRIATIONS: A3510.1 Personal Service A3510.4 Contractual Expense 37,457.00 15,700.00 254 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE A3510.6 Lease/Purchase TOTAL APPROPRIATIONS 3,600.00 56,757.00 DOG CONTROL REVENUES: 3510-1550 Public Pound Charges and Control Fees 3510-2268 Dog Control Services 3510-2705 Gifts and Donations TOTAL REVENUES 1,000.00 20,577.00 200.00 21,777.00 OFFICE OF EMERGENCY MANAGEMENT APPROPRIATIONS: A3689.1 Personal Service A3689.4 Contractual Expense TOTAL APPROPRIATIONS OFFICE OF EMERGENCY MANAGEMENT REVENUES: 3689-1587 Bureau of Fire - Life Safety 3689-1589 Other Public Safety Dept. Income TOTAL REVENUES 56,003.00 150,000.00 206,003.00 5,000.00 45,000.00 50,000.00 OFFICE OF EM. MGMT. HAZARDOUS MATERIALS GRANT 3680 APPROPRIATIONS: A3689.2 Equipment A3689.4 Contractual Expense TOTAL APPROPRIATIONS 1,500.00 1,200.00 2,700.00 OFFICE OF EM. MGMT. HAZARDOUS MATERIALS GRANT 3680 REVENUES: 3689-4389 Other Public Safety Aid TOTAL REVENUES 1,820.00 1,820.00 PUBLIC HEALTH APPROPRIATIONS: A4010.1 Personal Service A4010.2 Equipment A4010.4 Contractual Expense TOTAL APPROPRIATIONS 415,111.00 58,000.00 238,924.00 712,035.00 PUBLIC HEALTH REVENUES: 4010-1610 Home Nursing Charges 4010-1611 Office for the Aging 4010-3401 State Aid - Public Health TOTAL REVENUES 460,000.00 18,000.00 295,236.00 773,236.00 RABIES CONTROL APPROPRIATIONS: A4042.4 Contractual Expenses TOTAL APPROPRIATIONS 20,000.00 20,000.00 RABIES REVENUES: 4042-3401 State Aid - Rabies 4042-3489 Other Health (Rabies, Ag. & Markets) TOTAL REVENUES 19,000.00 500.00 19,500.00 255 ANNUAL BUDGET OF 1999 PHYSICALLY HANDICAPPED APPROPRIATIONS: A4046.4 Contractual Expense TOTAL APPROPRIATIONS PHYSICALLY HANDICAPPED REVENUES: 4046-3446 State Aid - Handicapped Children TOTAL REVENUES 15,600.00 15,600.00 8,100.00 8,100.00 WATERSHED APPROPRIATIONS: A4050.1 Personal Service A4050.2 Equipment A4050.4 Contractual Expense TOTAL APPROPRIATIONS 77,884.00 9,800.00 27,176.00 114,860.00 WATERSHED REVENUES: 4050-1609 Watershed Revenues 4050-3403 State Aid - Watershed TOTAL REVENUES 31,000.00 100,054.00 131,054.00 EARLY INTERVENTION PROGRAM APPROPRIATIONS: A4054.1 Personal Service A4054.4 Contractual Expense TOTAL APPROPRIATIONS 6,000.00 174,000.00 180,000.00 EARLY INTERVENTION PROGRAM REVENUES: 4054-1621 Early Intervention Service Fee 4054-3449 State Aid - Early Intervention TOTAL REVENUES 108,000.00 36,000.00 144,000.00 MENTAL HEALTH APPROPRIATIONS: A4310.1 Personal Service A4310.2 Equipment A4310.4 Contractual Expense TOTAL APPROPRIATIONS 571,045.00 14,900.00 440,239.00 1,026,184.00 MENTAL HEALTH REVENUES: 4310-1620 Mental Health Fees 4310-3490 State Aid - Mental Health TOTAL REVENUES 603,802.00 521,417.00 1,125,219.00 MENTAL HEALTH CONTRACT AGENCIES APPROPRIATIONS: A4322.3 Contractual Expense TOTAL APPROPRIATIONS 464,850.00 464,850.00 MENTAL HEALTH CONTRACT AGENCIES REVENUES: 4322-1625 Mental Health Contribution from Private Agencies 4322-1689 Other Health Department Income 4322-2410 Rental of Buildings - Individual 21,399.00 13,667.00 152,869.00 256 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 4322-3490 State Aid - Mental Health 4322-4490 Federal Aid - Mental Health TOTAL REVENUES 212,591.00 57,881.00 458,407.00 BUS OPERATIONS APPROPRIATIONS: A5630.4 Contractual Expense TOTAL APPROPRIATIONS 141,259.00 141,259.00 BUS OPERATIONS REVENUES: 5630-3594 State Aid - Bus and Other Mass Transportation 5630-4089 Federal Aid - Other Transportation TOTAL REVENUES 91,213.00 29,240.00 120,453.00 SOCIAL SERVICES ADMINISTRATION APPROPRIATIONS: A6010.1 Personal Service A6010.2 Equipment A6010.4 Contractual Expense TOTAL APPROPRIATIONS 969,820.00 26,448.00 600,647.00 1,596,915.00 SOCIAL SERVICES ADMINISTRATION REVENUES: 6010-3610 State Aid - Administration 6010-4610 Federal Aid - Administration 6010-4611 Federal Aid - Food Stamps TOTAL REVENUES 535,000.00 1,011,895.00 50,020.00 1,596,915.00 DAY CARE APPROPRIATIONS: A6055.4 Contractual Expense TOTAL APPROPRIATIONS 200,000.00 200,000.00 DAY CARE REVENUES: 6055-3655 State Aid - Day Care TOTAL REVENUES 200,000.00 200,000.00 SERVICES FOR RECIPIENTS APPROPRIATIONS: A6070.4 Contractual Expense TOTAL APPROPRIATIONS SERVICES FOR RECIPIENTS REVENUES: 6070-3670 State Aid - Purchase of Services TOTAL REVENUES 10,000.00 10,000.00 7,500.00 7,500.00 MEDICAL ASSISTANCE APPROPRIATIONS: A6101.4 Contractual Expense TOTAL APPROPRIATIONS 165,000.00 165,000.00 MEDICAL ASSISTANCE REVENUES: 6101-1801 Repay of Medical Assistance 6101-3601 State Aid - Medical Assistance 110,000.00 5,000.00 257 ANNUAL BUDGET OF 1999 6101-4601 Federal Aid - Medical Assistance TOTAL REVENUES M.M.I.S. MEDICAL ASSISTANCE APPROPRIATIONS: A6102.4 Contractual Expense TOTAL APPROPRIATIONS M.M.I.S. MEDICAL ASSISTANCE REVENUES: 6102-3602 State Aid - Mentally Disabled TOTAL REVENUES 10,000.00 125,000.00 2,093,000.00 2,093,000.00 440,000.00 440,000.00 SPECIAL NEED (ADULT/FAMILY) APPROPRIATIONS: A6106.4 Contractual Expense TOTAL APPROPRIATIONS 865.00 865.00 SPECIAL NEED (ADULT/FAMILY) REVENUES: 6106-3606 Special Needs (Adult/Family Homes) TOTAL REVENUES 865.00 865.00 AID TO DEPENDENT CHILDREN APPROPRIATIONS: A6109.4 Contractual Expense TOTAL APPROPRIATIONS 795,000.00 900,000.00 AID TO DEPENDENT CHILDREN REVENUES: 6109-1809 Repay of Aid to Dependent Children 6109-1811 Child Support, Incentive Payment 6109-3609 State Aid - Aid to Dependent Children 6109-4609 Federal Aid - Aid to Dependent Children TOTAL REVENUES 55,000.00 20,000.00 186,250.00 387,400.00 648,650.00 CHILD CARE APPROPRIATIONS: A6119.4 Contractual Expense TOTAL APPROPRIATIONS 75,000.00 75,000.00 CHILD CARE REVENUES: 6119-3619 State Aid - Child Care 6119-4619 Federal Aid - Child Care TOTAL REVENUES 30,000.00 18,750.00 48,750.00 JUVENILE DELINQUENCY APPROPRIATIONS: A6123.4 Contractual Expense TOTAL APPROPRIATIONS JUVENILE DELINQUENCY REVENUES: 6123-1823 Repay of Juvenile Delinquent Care 6123-3623 State Aid - Juvenile Delinquency TOTAL REVENUES 172,500.00 172,500.00 7,000.00 82,750.00 89,750.00 258 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE STATE TRAINING SCHOOL APPROPRIATIONS: A6129.4 Contractual Expense TOTAL APPROPRIATIONS 35,000.00 35,000.00 HOME RELIEF APPROPRIATIONS: A6140.4 Contractual Expense TOTAL APPROPRIATIONS 170,000.00 170,000.00 HOME RELIEF REVENUES: 6140-1840 Repay of Home Relief 6140-3640 State Aid - Home Relief TOTAL REVENUES 30,000.00 70,000.00 100,000.00 HOME ENERGY ASSISTANCE APPROPRIATIONS: A6141.4 Contractual Expense TOTAL APPROPRIATIONS 286,000.00 286,000.00 HOME ENERGY ASSISTANCE REVENUES: 6141-1841 Repay of Energy Assistance 6141-4641 Federal Aid - HEAP Program TOTAL REVENUES 10,000.00 276,000.00 286,000.00 EMERGENCY AID FOR ADULTS APPROPRIATIONS: A6142.4 Contractual Expense TOTAL APPROPRIATIONS 3,000.00 3,000.00 EMERGENCY AID FOR ADULTS REVENUES: 6142-3642 State Aid - Emergency Aid for Adults TOTAL REVENUES 1,500.00 1,500.00 COMMUNITY ACTION PROGRAM APPROPRIATIONS: A6310.4 Contractual Expense TOTAL APPROPRIATIONS 2,800.00 2,800.00 PUBLICITY APPROPRIATIONS: A6410.4 Contractual Expense TOTAL APPROPRIATIONS 98,100.00 98,100.00 PUBLICITY REVENUES: 6410-1113 Tax on Hotel Room Occupancy TOTAL REVENUES 44,000.00 44,000.00 VETERAN SERVICE APPROPRIATIONS: A6510.1 Personal Service A6510.4 Contractual Expense TOTAL APPROPRIATIONS 13,537.00 4,550.00 18,087.00 VETERAN SERVICE REVENUES: 259 ANNUAL BUDGET OF 1999 6510-3710 Veterans Service Agencies TOTAL REVENUES WEIGHTS & MEASURES APPROPRIATIONS: A6610.1 Personal Service A6610.2 Equipment A6610.4 Contractual Expense TOTAL APPROPRIATIONS WEIGHTS & MEASURES REVENUES: 6610-3789 Other Economic Assistance and Opportunity TOTAL REVENUES 5,000.00 5,000.00 10,153.00 200.00 1,553.00 11,906.00 1,850.00 1,850.00 PROGRAMS FOR AGING APPROPRIATIONS: A6772.1 Personal Service A6772.2 Equipment A6772.4 Contractual Expense TOTAL APPROPRIATIONS 245,363.00 1,800.00 151,859.00 307,160.00 PROGRAMS FOR AGING REVENUES: 6772-1972 Programs for Aging 6772-3772 State Aid - Programs for Aging 6772-4772 Federal Aid - Programs for Aging TOTAL REVENUES 77,296.00 228,213.00 221,059.00 526,568.00 OTHER ECONOMIC OPPORTUNITY/DEVELOPMENT APPROPRIATIONS: A6989.4 Contractual Expense (SCIDA) A6989.4 Contractual Expense TOTAL APPROPRIATIONS 5,000.00 133,625.00 138,625.00 SENECA HARBOR PARK APPROPRIATIONS: A7110.1 Personal Service A7110.4 Contractual Expense TOTAL APPROPRIATIONS SENECA HARBOR PARK REVENUES: 7110-2089 Other Culture and Recreation Departmental Income 7110-2410 Rental of Buildings - Individual 7110-2705 Gifts and Donations TOTAL REVENUES YOUTH PROGRAMS APPROPRIATIONS: A7310.1 Personal Service A7310.4 Contractual Expense TOTAL APPROPRIATIONS YOUTH PROGRAMS REVENUES: 7310-3820 State Aid - Youth Programs 8,000.00 8,000.00 16,000.00 2,400.00 5,800.00 500.00 8,700.00 102,290.00 79,901.00 182,191.00 83,368.00 260 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 7310-4820 Youth Programs TOTAL REVENUES 71,411.00 154,779.00 LIBRARY APPROPRIATIONS: A7410.4 Contractual Expense TOTAL APPROPRIATIONS 750.00 750.00 HISTORIAN APPROPRIATIONS: A7510.4 Contractual Expense TOTAL APPROPRIATIONS 1,000.00 1,000.00 OTHER PERFORMING ARTS APPROPRIATIONS: A7560.4 Contractual TOTAL APPROPRIATIONS 5,000.00 5,000.00 PLANNING APPROPRIATIONS: A8020.4 Contractual Expense TOTAL APPROPRIATIONS PLANNING REVENUES: 8020-3902 Planning Studies TOTAL REVENUES 139,500.00 139,500.00 90,000.00 90,000.00 REFUSE COLLECTION & DISPOSAL APPROPRIATIONS: A8160.4 Contractual Expense TOTAL APPROPRIATIONS 1,900.00 1,900.00 COMMUNITY BEAUTIFICATION - EMC APPROPRIATIONS: A8510.3 Contractual Expense TOTAL APPROPRIATIONS 3,800.00 3,800.00 SOIL AND WATER CONSERVATION PROGRAMS APPROPRIATIONS: A8750.4 Contractual Expense TOTAL APPROPRIATIONS 109,317.00 109,317.00 COOPERATIVE EXTENSION APPROPRIATIONS: A8750.4 Contractual Expense TOTAL APPROPRIATIONS 195,162.00 195,162.00 ASSOCIATION FOR THE BLIND APPROPRIATIONS: A8830.4 Contractual Expense TOTAL APPROPRIATIONS STATE RETIREMENT APPROPRIATIONS: A9010.8 Fringe Benefits TOTAL APPROPRIATIONS SOCIAL SECURITY APPROPRIATIONS: 600.00 600.00 63,620.00 63,620.00 261 ANNUAL BUDGET OF 1999 A9030.8 Fringe Benefits TOTAL APPROPRIATIONS 380,000.00 380,000.00 UNEMPLOYMENT INSURANCE APPROPRIATIONS: A9050.8 Fringe Benefits TOTAL APPROPRIATIONS 15,000.00 15,000.00 DISABILITY INSURANCE APPROPRIATIONS: A9055.8 Fringe Benefits TOTAL APPROPRIATIONS 12,200.00 12,200.00 HOSPITAL AND MEDICAL INSURANCE APPROPRIATIONS: A9060.8 Fringe Benefits TOTAL APPROPRIATIONS OTHER EMPLOYEE BENEFITS A9089.8 Fringe Benefits TOTAL APPROPRIATIONS TRANSFERS TO COUNTY ROAD FUND: A9522.9 Transfers TOTAL TRANSFERS TO COUNTY ROAD 1,125,000.00 1,125,000.00 720.00 720.00 1,162,381.00 1,162,381.00 TRANSFERS TO MACHINERY FUND: A9524.9 Transfers TOTAL TRANSFERS TO MACHINERY 176,460.00 176,460.00 SERIAL BONDS APPROPRIATIONS: A9710.6 Debt Service - Principal A9710.7 Debt Service - Interest TOTAL APPROPRIATIONS 210,000.00 204,835.00 414,835.00 COUNTY ROAD ADMINISTRATION APPROPRIATIONS: D5010.1 Personal Service D5010.4 Contractual Expense TOTAL APPROPRIATIONS 102,744.00 8,450.00 111,194.00 COUNTY ROAD ADMINISTRATION REVENUES: 0002-2401 Interest on Investments 0002-2701 Refunds of Prior Years Expenditures 0002-3501 Consolidated Highway Aid 0002-5031 Interfund Transfers TOTAL REVENUES ENGINEERING APPROPRIATIONS: D5020.4 Contractual Expense TOTAL APPROPRIATIONS 2,500.00 500.00 569,110.00 1,162,381.00 1,734,491.00 50,500.00 50,500.00 262 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE MAINTENANCE OF ROADS APPROPRIATIONS: D5110.1 Personal Service D5110.4 Contractual Expense TOTAL APPROPRIATIONS 323,695.00 427,100.00 750,795.00 PERMANENT IMPROVEMENTS APPROPRIATIONS: D5112.3 Reconstruction CR 16 D5112.5 Reconstruction CR 14 D5112.5 Reconstruction CR 6 (2.0 miles) D5112.5 Reconstruction CR 13 TOTAL APPROPRIATIONS 152,000.00 148,000.00 132,000.00 137,000.00 569,000.00 BRIDGES APPROPRIATIONS: D5120.3 Materials, Membrane, Concrete D5120.3 CR 28 - 60" Culvert TOTAL APPROPRIATIONS SNOW REMOVAL APPROPRIATIONS: D5142.1 Personal Service D5142.4 Contractual Expense TOTAL APPROPRIATIONS STATE RETIREMENT APPROPRIATIONS: D9010.8 Fringe Benefits TOTAL APPROPRIATIONS 18,000.00 9,000.00 27,000.00 107,996.00 109,500.00 217,496.00 3,825.00 3,825.00 SOCIAL SECURITY APPROPRIATIONS: D9030.8 Fringe Benefits TOTAL APPROPRIATIONS 41,802.00 41,802.00 WORKER=S COMPENSATION APPROPRIATIONS: D9040.8 Fringe Benefits TOTAL APPROPRIATIONS 37,445.00 37,445.00 DISABILITY INSURANCE APPROPRIATIONS: D9055.8 Fringe Benefits TOTAL APPROPRIATIONS 1,133.00 1,133.00 HOSPITAL AND MEDICAL INSURANCE APPROPRIATIONS: D9060.8 Fringe Benefits TOTAL APPROPRIATIONS 99,216.00 99,216.00 SERIAL BONDS APPROPRIATIONS: D9710.6 Debt Service - Principal D9710.7 Debt Service - Interest TOTAL APPROPRIATIONS 55,000.00 41,085.00 96,085.00 MACHINERY FUND APPROPRIATIONS: 263 ANNUAL BUDGET OF 1999 D5010.1 Personal Service D5010.4 Contractual Expense TOTAL APPROPRIATIONS 87,365.00 236,700.00 324,065.00 MACHINERY REVENUES: 0003-1789 Other Transportation - Dept. Income 0003-2300 Services Other Governments 0003-2401 Interest on Investments 0003-2650 Sale of Scrap and Excess Material 0003-2665 Sales of Equipment 0003-2801 Interfund Revenues 0003-5031 Interfund Transfers TOTAL REVENUES 10,861.00 110,000.00 1,000.00 1,200.00 12,000.00 180,000.00 176,460.00 491,521.00 SHARED FUEL FACILITY APPROPRIATIONS: D5131.1 Personal Service D5131.4 Contractual Expense TOTAL APPROPRIATIONS 4,640.00 116,221.00 120,861.00 STATE RETIREMENT APPROPRIATIONS: D9010.8 Fringe Benefits TOTAL APPROPRIATIONS 612.00 612.00 SOCIAL SECURITY APPROPRIATIONS: D9030.8 Fringe Benefits TOTAL APPROPRIATIONS 6,683.00 6,683.00 WORKER=S COMPENSATION APPROPRIATIONS: D9040.8 Fringe Benefits TOTAL APPROPRIATIONS 5,796.00 5,796.00 DISABILITY INSURANCE APPROPRIATIONS: D9055.8 Fringe Benefits TOTAL APPROPRIATIONS 200.00 200.00 HOSPITAL AND MEDICAL INSURANCE APPROPRIATIONS: D9060.8 Fringe Benefits TOTAL APPROPRIATIONS 17,604.00 17,604.00 SERIAL BONDS APPROPRIATIONS: D9710.7 Debt Service - Interest TOTAL APPROPRIATIONS 15,700.00 15,700.00 264 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE ****************************************************************************************** State and Rev. Attr. Rev. not Attr. Appropriations Federal Aid To Function To Function Legislative Board Judicial Executive Finance Staff Shared Services Special Items Education Public Safety Public Health Transportation Social Services Economic Programs Programs for Aging Youth Programs County General Undistributed Interfund Transfers Debt Service (General) Co. Road Maint. Co. Road Perm Imp. Debt Service (Co. Road) Machinery Debt Service (Machinery) Reserve for Uncoll. Taxes TOTAL Estimated Revenues: State and Federal Aid Attributable to Functions Not Att. To Functions 153,619.00 186,906.00 42,800.00 313,622.00 527,406.00 526,265.00 226,752.00 933,700.00 2,036,983.00 2,533,529.00 141,259.00 5,602,280.00 269,518.00 554,323.00 182,191.00 473,029.00 1,596,540.00 1,338,841.00 414,835.00 1,313,406.00 596,000.00 96,085.00 475,821.00 15,700.00 20,551,410.00 6,000.00 2,761,805.00 2,000.00 353,975.00 307,338.00 206,264.00 79,758.00 15,000.00 497,627.00 1,408,737.00 30,000.00 248,285.00 209,234.00 1,250,779.00 120,453.00 3,312,930.00 6,850.00 449,272.00 154,779.00 90,000.00 110.00 596,000.00 232,000.00 93,617.00 77,296.00 8,700.00 3,000.00 315,061.00 6,449,692.00 6,360,178.00 1,039,296.00 27,000.00 96,085.00 160,760.00 15,700.00 1,338,841.00 6,449,692.00 6,360,178.00 1,338,841.00 Total Estimated Revenues 14,148,711.00 Appropriated Surplus 408,412.00 1999 Tax Levy 5,994,287.00 ****************************************************************************************** Summary By Funds Total Appropriations, Excluding Interfund Items: 19,212,569.00 Interfund Items: 1,338,841.00 Total Appropriations 20,551,410.00 General 16,715,557.00 1,338,841.00 18,054,398.00 County Road Machinery 2,005,491.00 491,521.00 2,005,491.00 491,521.00 265 ANNUAL BUDGET OF 1999 LESS: Est. Revenues, Other than Real Estate Taxes and Excluding Interfund Items: 12,269,870.00 11,922,699.00 572,110.00 135,061.00 Interfund Items: 1,518,841.00 1,162,381.00 356,460.00 Approp. Cash Surplus to 408,412.00 137,412.00 271,000.00 Reduce Tax Levy Total Revenues 14,557,123.00 12,060,111.00 2,005,491.00 491,521.00 Balance of Appropriations to be Raised by Real Estate Taxes: 5,994,287 ****************************************************************************************** SUMMARY OF BUDGET All Funds Total Appropriations of all Funds (excluding Interfund Items) 19,212,569.00 Interfund Items 1,338,841.00 Total Appropriations 20,551,410.00 LESS: Estimated Revenues (excluding Interfund Revenues) 12,629,870.00 Interfund Items 1,518,841.00 Appropriated Cash Surplus to Reduce Tax Levy 408,412.00 Total Estimated Revenues and Appropriated Cash Surplus All Funds 14,557,123.00 General County Road Machinery 137,412.00 271,000.00 0.00 Real Estate Levy 5,994,287.00 ****************************************************************************************** ESTIMATED CASH SURPLUS AND RESERVES AT END OF PRESENT FISCAL YEAR General Fund Surplus Estimated cash surplus at end of present 2,980,000.00 fiscal year after deducting est. encumbrances Estimated cash surplus and reserves approp. by Board to reduce tax levy 137,412.00 County Road Surplus 385,000.00 Machinery Surplus 45,000.00 271,000.00 RESERVE FUNDS: Reserve for Uncoll.Taxes: 245,190.00 Constitutional Tax Margin: 2,920,236.00 ****************************************************************************************** 266 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE RESOLUTIONS BY CATEGORY - 1999 Res. No. Date 13 14 24 28 38 1/11/99 1/11/99 2/8/99 2/8/99 2/8/99 39 2/8/99 42 50 2/8/99 2/8/99 55 59 71 73 2/8/99 2/8/99 3/8/99 3/8/99 74 3/8/99 77 3/8/99 78 3/8/99 79 3/8/99 85 98 103 105 108 3/8/99 3/8/99 4/12/99 4/12/99 4/12/99 110 111 4/12/99 4/12/99 124 126 129 4/12/99 4/12/99 4/12/99 149 4/12/99 177 181 5/10/99 6/14/99 AGREEMENTS AND CONTRACTS Authorize Contract with Hunt Engineers for County Roads 13 and 19 Bridge Design Authorize Village of Watkins Glen Utility Easement Authorize Contract with Sally Michel for Board of Elections Consultant Services Accept Proposal From American Red Cross for First Aid Training - Highway Department Authorize Contract with Give Me A Sign Interpreting Services for the Deaf and Hard of Hearing - Public Health Amend 1998 Agreements with FLACRA and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. - Mental Health Authorize Contract with Southern Tier Library System Amend Resolution 94-98 B Authorize Cleaning/Maintenance Contract with Schuyler County Court Facilities - Buildings and Grounds Approve Planning Contract with Cooperative Extension - 1999 Authorize Chairman to Sign Billing Agreements for Shared Fuel Facility Authorize Contract with the State of New York for Boarding of Prisoners - Sheriff=s Department Authorize Contract with Hunt Engineering for Phase II Work at Seneca Harbor Park - Buildings and Grounds Accept Proposal from Beaver=s Petroleum Equipment Company for the Removal and Disposal of Underground Fuel Storage Tanks Located at the County Highway Department Authorize Contract with Batemen Therapy Services for Early Intervention Services - Public Health Authorize Contract with Pediatric Physical Therapy & Occupational Therapy Services for Early Intervention Program Evaluation Services - Public Health Authorize Contract with Joel M. Robinson for Early Intervention Program Services and Preschool Special Education Occupational Therapy Services - Public Health Authorize Contract with JET for Management Training for 1999 Authorize Contract with Matson Auction and Real Estate - Treasurer Authorize Application and Contract for FY98 Law Enforcement Block Grant Funds - Sheriff Authorize Contract Renewal with the Village of Montour Falls - Sheriff=s Department Amend Contract for NYSDOH Lead Poisoning Prevention Program Grant and Establish 19992000 Budget - Public Health Amend Alcoholism Service Providers 1999 Agreements - Mental Health Amend 1998 Council on Alcoholism & Other Chemical Dependencies of the Finger Lakes, Inc. Agreement - Mental Health Accept Proposal from Huron Recovery Incorporated for Tire Collection Day Authorize Contract Between the Department of Social Services and Central Data Processing Authorize an Agreement Between Schuyler County and the Arc of Schuyler County for the Transportation of Department of Social Services Clients Authorize Chairman to Sign Application Forms for the Adoption of the Amended and Restated Deferred Compensation Model Plan and Selection of Financial Organization for Trustee Services Authorize Lease Agreement with Peter Krog for use of Property at the Lakefront Authorize Maintenance Agreement for Uninterrupted Power Supply (UPS) - Emergency Management RESOLUTIONS BY CATEGORY - 1999 184 6/14/99 185 187 6/14/99 6/14/99 188 6/14/99 189 6/14/99 190 200 205 216 219 6/14/99 6/14/99 6/14/99 7/12/99 7/12/99 221 222 225 229 230 7/12/99 7/12/99 7/12/99 7/12/99 7/12/99 234 238 7/12/99 7/12/99 247 8/9/99 248 8/9/99 249 8/9/99 250 8/9/99 251 8/9/99 254 8/9/99 260 8/9/99 264 8/9/99 267 8/9/99 271 8/9/99 272 297 8/9/99 9/13/99 302 9/13/99 267 Authorize Intermunicipal Agreements in Accordance with Articles 5-G, General Municipal Law, for Mutual Aid Policing at Watkins Glen International - Sheriff=s Department Accept Proposal from American Red Cross for First Aid Training - Highway Authorize Contract Between Schuyler County Public Health and Dr. Kirk Peters to Administer Rabies Clinics in Schuyler County Authorize Contract Between Schuyler County Public Health and Dr. Frank Fielder to Administer Rabies Clinics in Schuyler County Authorize Contract Renewal with Pediatric Physical & Occupational Therapy Services - Public Health Authorize Contract Renewal with Staffcare of New York, Inc. (Americare) - Public Health Authorize Contract Renewal with SCOPED, Inc. Authorize Renewal of Medical Transportation Agreement with Schuyler ARC - Social Services Authorize Renewal of Labor Only Service Agreement with Standard Register - Social Services Authorization to Enter Into a Contract with Gene Screen for Genetic Parent Age Testing Services for Social Services Cases Authorize Contract with Stafkings Healthcare Systems, Inc. for Home Health Agency Services Accept Hunt Engineers and Architects Proposal - Public Health Resolution Authorizing a Maintenance Agreement with Motorola - Emergency Management Authorize a Contract with SCOPED, Inc. for Grant Writing/Administration - AS AMENDED Authorize Schuyler County to be the Lead Agent for the Water/Sewer Project for Watkins Glen International Authorize Contract with Harter, Secrest & Emery Attorneys for Negotiation Services Amend Resolution No. 181-99 - Maintenance Agreement for (UPS) Uninterrupted Power Supply - Emergency Management Resolution Authorizing a Contract With Jodie Bellinger for Early Intervention and Preschool Special Education Occupational Therapy Resolution Authorizing a Contract Renewal with UCP of Chemung County to Provide Special Education for the Preschool Special Education Program Resolution Authorizing Contract Renewal with Kit Frank to Provide Occupational Therapy for the Preschool Special Education Program Resolution Authorizing Contract Renewal with Kelly O=Gara Sinn to Provide Speech Therapy for the Preschool Special Education Program Resolution Authorizing Contract Renewal with Odessa-Montour Central School District for Transportation of Preschool Special Education Children Program Authorize Contract with Patricia Ronsvalle for YES (Youth Empowerment Sessions) Program Probation Department Extension of Contract with the Finger Lakes Addiction Counseling and Referral Agency (FLACRA) for the Enhanced Drug/Alcohol Services Program for Family Assistance Recipients Approve Contract with AR@ House Auctions & Sales for County=s 1999 Surplus Equipment Public Auction Authorize Contract with Perry & Carrol, Inc. for Property/Casualty Insurance Consultant Services Authorize Chairman of the Legislature to Sign Records Management Contract with Schuyler County Industrial Development Agency Authorize Chairman of Legislature to Execute Documents Relative to the Water/Sewer Project Authorize Renewal Contract with All-Mode Communications for Telephone System Maintenance and Service - Buildings and Grounds Authorize Contract with Village of Montour Falls for Records Management Services 268 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 303 305 306 9/13/99 9/13/99 9/13/99 312 9/13/99 316 322 323 324 325 326 9/13/99 10/12/99 10/12/99 10/12/99 10/12/99 10/12/99 335 10/12/99 339 10/12/99 340 356 358 362 365 402 10/12/99 11/8/99 11/8/99 11/8/99 11/8/99 11/17/99 403 11/17/99 418 12/13/99 419 422 424 427 12/13/99 12/13/99 12/13/99 12/13/99 431 12/13/99 440 12/13/99 Authorize Contract with Town of Dix for Records Management Services Authorize a Contract Renewal with Schuyler Hospital for Home Health Care Services Authorize Contract with Bolder Computer Solutions for Computer Services - Public Health/ Mental Health Agreement Between Schuyler County Department of Social Services and FLACRA=s Congregate Care Level II Programs Authorize Contract with Per-Soft, Inc. - Personnel Department Authorize Agreement Renewal with Jonel Robinson - Public Health Authorize Agreement with Dr. Ohlinger - Public Health Authorize Agreement with Healthnow New York, Inc. - Public Health Amend Agreement with Schuyler ARC - Mental Health Authorize Agreement with Affiliated Psychologist Consultants, PC for Early Intervention Program - Public Health Authorize Southern Tier Central Regional Planning & Development Board to Provide Technical Assistance for the Water/Sewer Extension Project Renew Contract with Southern Tier Central Regional Planning & Development Board for Computer-Related Technical Services Authorize Amendment to EISEP Contract - Office for the Aging Authorize Amended FLACRA Agreement - Mental Health Authorize Agreement with Margot Fass, M.D. for Psychiatric Services - Mental Health Accept Proposal from Simonsen Enterprises for Deer Carcass Removal - Highway Department Authorize Contract with Weiler Mapping for a County Line Survey - Real Property Authorize Schuyler County Partnership for Economic Development (SCOPED) to Proceed with Option A for the Water and Sewer Extension Project from Watkins Glen via County Route 17 and Wedgwood Road Authorize Contract with Hunt Engineering to Develop an Aerial Survey and Map for Option A for the Water and Sewer Extension Project in the Town of Dix Authorize Amended Contracts - Special Children=s Center Name Change to Franziska Racker Center - Public Health Authorize Agreement with Dr. Ann Chaffee for Rabies Clinics - Public Health Authorize Lease Agreement with SCOPED for 2000 - Buildings and Grounds Authorize Lease Agreement with Watkins Glen International for 2000 - Buildings and Grounds Authorize Schuyler County Youth Bureau Resource Allocation Plan for 2000 and Related Contracts Authorize Contract with Industrial Medical Associates for Medical/Psychological Assessment Social Services Authorize Contracts with U.S. Department of Housing and Urban Development (HUD), Bishop Sheen Ecumenical Housing and Community Progress, Inc. for Implementation of Small Cities Community Development Block Grant BIDS 27 29 97 102 132 2/8/99 2/8/99 3/8/99 4/12/99 4/12/99 Authorize Advertisement for Material Bids for the Highway Department for 1999 Accept/Reject Bids for RUC Duct Work Project Authorization to Advertise for Bids for a Tandem Axle Truck for the Highway Department Accept/Reject Bids for Ice Control Sand Accept Bid for Used Tandem Axle Truck for the Highway Department RESOLUTIONS BY CATEGORY - 1999 133 4/12/99 134 135 136 137 138 139 140 141 142 143 144 145 146 154 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 5/10/99 158 5/10/99 171 5/10/99 207 209 6/14/99 6/14/99 228 236 278 298 7/12/99 7/12/99 8/9/99 9/13/99 359 11/8/99 426 12/13/99 462 483 484 12/13/99 12/30/99 12/30/99 485 12/30/99 269 Accept Bid for New Corrugated Metal Galvanized Pipe, New Corrugated Metal Galvanized and Asphalt Treated Pipe, New Corrugated Metal Pipe Arch, and New Galvanized Flared End Sections Accept Bids for Crushed Limestone & Crushed Gravel Accept Bids for Bank Run Gravel, Modified Gravel, Sand and Select Granular Fill Accept Bid for Tree & Stump Removal Accept Bids for Used Steel Pipe Accept Bid for Steel Belted Radial Tires Accept Bid for Guiderail Accept Bids for Signs, Posts, Extensions & Sign Blanks Accept/Reject Bids for Ready-Mix Concrete and Retaining Wall Blocks Accept Bids for Cold Mix Patching Materials Accept/Reject Bids for Pavement Markings Accept Bids for Asphalt Emulsions Accept Bid for Steel Plate, Polyethylene Pipe, New & Used Bridge and Shop Steel Accept Bids for Used Bituminous Concrete Asphalt Authorize Advertising for Bids for Transportation of Preschool Children with Disabilities from 7/1/99 - 5/30/2000 - Public Health Authorize Emergency Management Coordinator to Advertise for Bids for One (1) New Natural Gas Fueled Generator Accept Bid for construction of County Road #19 Bridge, North of Cooley Road - Highway Department Accept/Reject Bids for One Natural Gas Fueled Generator - Emergency Management Accept/Reject Bids for the Transportation of Preschool Children with Disabilities for the Period 7/1/99 - 6/30/2000 - Public Health Authorize Advertisement for Bids for Abstracting Services for 1999 Tax Sale Auction Properties Accept/Reject Truck Bids - Highway Department Accept Bid for Abstracting Services for 1999 Tax Sale Auction Authorize Advertising for Bids for Replacement Windows at Rural Urban Center - Buildings and Grounds Accept/Reject Bids for Replacement of Windows at the Rural Urban Center - Buildings and Grounds Authorize Solicitation of Quotes for Forester to Administer the Harvest of County-Owned Forest in the Town of Orange and Bid for the Sale of Timber - Buildings and Grounds Accept Tax Auction Bids Authorize Bids for Purchase of Live Bottom Trailer - Highway Authorize Advertisement for Construction of County Road #13 Bridge, Over Banfield Creek, BIN Number 3332300 Accept Quote for Lease of Vehicle - Highway BOARDS/COUNCILS/AGENCIES 16 21 1/11/99 1/11/99 23 2/8/99 30 2/8/99 Authorize Appointments - Various Committees and Boards Amend Resolution No. 458-98 Authorize Creation of Advisory Committee for Management Position Amend Resolution No. 458-98/Authorize Creation of Advisory Committee for Management Position Appointment - Schuyler County Planning Commission 270 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 35 2/8/99 45 51 53 63 64 76 82 2/8/99 2/8/99 2/8/99 3/8/99 3/8/99 3/8/99 3/8/99 83 93 104 116 122 156 191 199 203 212 299 336 3/8/99 3/8/99 4/12/99 4/12/99 4/12/99 5/10/99 6/14/99 6/14/99 6/14/99 6/14/99 9/13/99 10/12/99 342 346 428 448 10/12/99 10/12/99 12/13/99 12/13/99 Appointment - Health Services Advisory Committee and Professional Advisory Committee Public Health Appointments - Office for the Aging Advisory Council Appointments - Schuyler Headstart Board of Directors and Historical Society Board of Trustees Appointment - Canal Corridor Initiative Loan Committee Authorize Appointment to the Schuyler County Youth Board Authorize Appointment to the Economic Opportunity Program Board of Directors Authorize Appointment to the Environmental Management Council Appointment to Health Services Advisory Committee and Professional Advisory Committee Public Health Early Intervention Designee Appointments - Public Health Appointment - Records Management Advisory Board Re-Appointment to Local Conditional Release Commission Appointment to SAY Network - Public Health Appointment - Schuyler County Planning commission Authorize Appointment to the Schuyler County Youth Board Appointment - Early Intervention Designee - Public Health Authorize Appointment - Planning Commission Authorize Appointment of Tri-County Youth Representative - Youth Bureau Authorize Creation of Y2K Coordination Committee Appointment - Corning Community College Board of Directors Authorize Appointment of Walter Andrews as Town of Orange Representative to the Planning Commission Authorize Appointment to the Schuyler County Youth Board Authorize Appointments to the Workforce Development Board Authorize Appointment to the Office for the Aging Advisory Council Authorize Creation of Health Insurance Review Committee BUDGET ITEMS 26 41 47 61 106 109 118 125 214 217 W/D 227 237 258 269 280 290 2/8/99 2/8/99 2/8/99 3/8/99 4/12/99 4/12/99 4/12/99 4/12/99 7/12/99 7/12/99 7/12/99 7/12/99 7/12/99 8/9/99 8/9/99 8/9/99 9/13/99 Authorize Purchase of a New File Cabinet and Transfer of Funds - Board of Elections Authorize Transfer of Funds for Regional Leadership Conference Establish Budget for Work Now II Funding - Department of Social Services Authorize Transfer of Funds and Purchase of Equipment - Office for the Aging Authorize Transfer of Funds for Permanent Improvements - Highway Amend 1999 County Budget - Mental Health Authorize Purchase of Chairs/Transfer of Funds - Legislature Authorize Purchase of Fax/Printer and Transfer of Funds - Youth Bureau Authorize Transfer of Funds from Machinery Diesel Fuel to Machinery Overtime - Highway Authorize Increase in Social Services Budget for Day Care Provider Registration Amend 1999 County Budget - Public Health - WITHDRAWN Authorize Transfer of Funds - Buildings and Grounds Resolution to Authorize Transfer of Funds - Real Property Tax Service Authorize Transfer Funds for Aid to Child Care - Social Services Authorize Transfer of Funds and Purchase of Printer - Legislature Authorize Transfer of Funds - Equipment Bonding Resolution No. 57-99 Application for Extension of Pins Wrap-Around Grant and Authorize the Chairman to Sign Probation RESOLUTIONS BY CATEGORY - 1999 295 304 314 329 330 347 348 351 354 360 9/13/99 9/13/99 9/13/99 10/12/99 10/12/99 10/12/99 10/12/99 10/12/99 10/12/99 11/8/99 361 11/8/99 374 376 377 384 385 387 388 389 390 391 392 393 394 395 396 397 398 11/8/99 11/8/99 11/8/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 11/17/99 399 400 401 11/17/99 11/17/99 11/17/99 404 405 406 407 409 410 411 412 11/17/99 11/17/99 11/17/99 11/17/99 11/29/99 11/29/99 11/29/99 11/29/99 413 11/29/99 271 Authorize Transfer of Funds for Permanent Improvements - Highway Authorize Transfer of Funds for Computer Software and Subcontracts - Public Health Authorize Transfer of Funds for Maintenance of Roads Personal Services - Highway Department Authorize Transfer of Funds for a Salt Spreader - Highway Authorize Transfer of Funds for Purchase of Generator/Welder - Highway Authorize Transfer of Funds - Department of Social Services, Auto Skills Program Authorize Transfer of Funds for Medical Assistance and Safety Net - Social Services Authorize Transfer of Funds to Town of Hector (Hector Grazing Lands) Authorize Adjustment to 1999 Youth Bureau Budget Authorize the Implementation, and Funding in the First Instance 100% of the Federal AidEligible Costs, of a Transportation Federal Aid Project, and to Fully Fund the Local Share of Federal Aid-Eligible and Ineligible Project Costs, and Appropriating Funds Therefor Authorize the Implementation, and Funding in the First Instance 100% of the Federal AidEligible Costs, of a Transportation Federal Aid Project, and to Fully Fund the Local Share of Federal Aid-Eligible and Ineligible Project Costs, and Appropriating Funds Therefor Amend 1999 Office for the Aging Budget Establish Budget for Work Now III - Department of Social Services Authorize Transfer of Funds to MMIS Medical Assistance - Department of Social Services Alteration of Tentative Budget Pursuant to County Law Section 358 - County Clerk Alteration of Tentative Budget Pursuant to County Law Section 358 - Medicaid - FAILED Alteration of Tentative Budget Pursuant to County Law Section 358 - Legislature Alteration of Tentative Budget Pursuant to County Law Section 358 - Legislature Alteration of Tentative Budget Pursuant to County Law Section 358 - Legislature Alteration of Tentative Budget Pursuant to County Law Section 358 - Legislature Alteration of Tentative Budget Pursuant to County Law Section 358 - Treasurer Alteration of Tentative Budget Pursuant to County Law Section 358 - County Clerk Alteration of Tentative Budget Pursuant to County Law Section 358 - County Administrator Alteration of Tentative Budget Pursuant to County Law Section 358 - Personnel Alteration of Tentative Budget Pursuant to County Law Section 358 - Personnel - TABLED Alteration of Tentative Budget Pursuant to County Law Section 358 - Personnel Alteration of Tentative Budget Pursuant to County Law Section 358 - Personnel Alteration of Tentative Budget Pursuant to County Law Section 358 - Central Data Processing FAILED Alteration of Tentative Budget Pursuant to County Law Section 358 - Sheriff Alteration of Tentative Budget Pursuant to County Law Section 358 - Sales Tax - FAILED Alteration of Tentative Budget Pursuant to County Law Section 358 - Other Economic Opportunity/Development Alteration of Tentative Budget Pursuant to County Law Section 358 - Public Health Alteration of Tentative Budget Pursuant to County Law Section 358 - State Retirement Alteration of Tentative Budget Pursuant to County Law Section 358 - County Attorney Alteration of Tentative Budget Pursuant to County Law Section 358 - Office for the Aging Alteration of Tentative Budget Pursuant to County Law Section 358 - Highway Alteration of Tentative Budget Pursuant to County Law Section 358 - Legislature Alteration of Tentative Budget Pursuant to County Law Section 358 - Tobacco Settlement Alteration of Tentative Budget Pursuant to County Law Section 358 - Municipal Association Dues Alteration of Tentative Budget Pursuant to County Law Section 358 - Refuse Collection & Disposal 272 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 414 415 416 421 425 437 444 445 447 11/29/99 11/29/99 11/29/99 12/13/99 12/13/99 12/13/99 12/13/99 12/13/99 12/13/99 450 452 12/13/99 12/13/99 453 454 455 456 457 458 460 12/13/99 12/13/99 12/13/99 12/13/99 12/13/99 12/13/99 12/13/99 463 467 468 469 470 471 12/13/99 12/14/99 12/14/99 12/14/99 12/14/99 12/14/99 472 12/14/99 473 12/14/99 474 475 476 477 12/14/99 12/14/99 12/14/99 12/14/99 478 479 480 12/14/99 12/14/99 12/14/99 481 482 486 493 495 12/30/99 12/30/99 12/30/99 12/30/99 12/30/99 Alteration of Tentative Budget Pursuant to County Law Section 358 - Civil Service/ Personnel Alteration of Tentative Budget Pursuant to County Law Section 358 - Sheriff=s Department Alteration of Tentative Budget Pursuant to County Law Section 358 - Social Services Authorize Transfer of Funds for Social Security and Disability - Machinery Fund Authorize Transfer of Funds for Seneca Harbor Park Budget - Buildings and Grounds Authorize Transfer of Funds - Community Colleges Authorize Transfer of Funds for Map Copies - Real Property Tax Service Authorize Transfer of Funds for Computer Related Services - Central Data Processing Authorize Acceptance of the NYS Board of Regents/Task Force on School-Community Collaboration Funds Alteration of Tentative Budget Pursuant to County Law Section 358 - Social Services Alteration of Tentative Budget Pursuant to County Law Section 358 - Transportation - Bus Operations Amend 1999 County Budget - Public Health Amend 1999 County Budget - Public Health Authorize Purchase of Printer and Transfer of Funds - Treasurer Alteration of Tentative Budget Pursuant to County Law Section 358 - Real Property Tax Agency Alteration of Tentative Budget Pursuant to County Law Section 358 - Public Health Alteration of Tentative Budget Pursuant to County Law Section 358 - Mental Health Alteration of Tentative Budget Pursuant to County Law Section 358 - Refuse Collection & Disposal Alteration of Tentative Budget Pursuant to County Law Section 358 - Highway Alteration of Tentative Budget Pursuant to County Law Section 358 - District Attorney Alteration of Tentative Budget Pursuant to County Law Section 358 - Probation Alteration of Tentative Budget Pursuant to County Law Section 358 - Sheriff Alteration of Tentative Budget Pursuant to County Law Section 358 - Public Health Alteration of Tentative Budget Pursuant to County Law Section 358 - Transfers to Capital Projects Fund Alteration of Tentative Budget Pursuant to County Law Section 358 - Public Health and Social Services Alteration of Tentative Budget Pursuant to County Law Section 358 - Miscellaneous Salaries AS AMENDED Alteration of Tentative Budget Pursuant to County Law Section 358 - Legislature Alteration of Tentative Budget Pursuant to County Law Section 358 - Various Departments Alteration of Tentative Budget Pursuant to County Law Section 358 - Buildings and Grounds Alteration of Tentative Budget Pursuant to County Law Section 358 - Real Property Tax Agency - FAILED Adoption of Schuyler County Budget for 2000 Appropriate the Several Amounts Specified in Budget in Column Entitled A2000" 2000 Budget of $22,681,755: Legislature to Determine Town Contribution to County Taxes and Issue Certificate to Each Town Authorize Purchase of Storage Building and Transfer of Funds - Sheriff=s Department Authorize Replacement of Air Packs and Transfer of Funds - Schuyler County Jail Authorize Purchase of Copier and Transfer of Funds - Real Property Tax Office Authorize Transfer of Funds for Travel Expense - County Administrator Authorize Transfer of Funds - Various Departments DIRECTIVES 273 RESOLUTIONS BY CATEGORY - 1999 6 268 435 1/4/99 Conform to ARules of Procedure@ 8/9/99 Rules of Procedure Modification - One Month=s Notice - AMENDED 12/13/99 Modification of County Legislature=s Rules of Procedure FINANCIAL 5 17 1/4/99 1/11/99 18 25 57 1/11/99 2/8/99 2/8/99 62 3/8/99 66 68 69 81 90 95 3/8/99 3/8/99 3/8/99 3/8/99 3/8/99 3/8/99 115 150 4/12/99 4/12/99 160 5/10/99 218 220 7/12/99 7/12/99 259 300 301 8/9/99 9/13/99 9/13/99 338 10/12/99 343 344 349 10/12/99 10/12/99 10/12/99 378 386 11/8/99 11/17/99 Designation of Depositories for Schuyler County Funds A Resolution Authorizing the Issuance of Not Exceeding $498,493 Bonds of the County of Schuyler, New York, to Pay the Costs of the Purchase of Various Vehicles, Equipment, Machinery, Apparatus and Furnishings Required for the Purposes of Such County Adopt Investment Policy for the County of Schuyler as Amended Authorize Petty Cash Fund for the Department of Motor Vehicles - County Clerk A Resolution Authorizing the Issuance of Not Exceeding $581,631 Bonds of the County of Schuyler, New York, to Pay the Costs of the Purchase of Various Vehicles, Equipment, Machinery, Apparatus and Furnishings Required for the Purposes of Such County, and Superseding the Bond Resolution of Said County Dated January 11, 1999 Authorize Letter Requesting Increased Funding for the NYS Community Services for the Elderly and NYS Expanded In-Home Services for the Elderly Programs Authorize Transfer of Funds for Training - Probation Authorize Transfer of Funds for Video Equipment - Stop DWI Authorize Use of Seized Assets Funds for Secure Storage Building - Sheriff=s Department Amend Resolution Number 480-98 - Authorize Tuition Reimbursement - Public Health Resolution Opposing Funding Cuts in the Consolidated Local Highway Improvement Program Resolution Opposing Funding Changes to the Economic Opportunity Program of Chemung and Schuyler Counties Authorize Purchase of Datacron System - Public Health Resolution Urging the Restoration of Critical Funding for the New York State Department of Transportation A Resolution Authorizing the Issuance of Not Exceeding $360,000 Bonds of the County of Schuyler, New York to Pay the Cost of the Purchase of Dump Trucks with Plows for Said County Authorize Purchase of Truck - Social Services Authorize Resolution of Support to Federal Representatives Requesting Support for funding Veterans Services Authorize Hiring of a Consultant for the Medicaid Managed Care Study Authorize Purchase of a New Deskjet Printer - County Attorney Authorize Funds in the Amount Not to Exceed $2,000 to Pay for Expert Witness in Court Cases - County Attorney Resolution to Decrease Chargeback to Towns for Supplies and Administrative Assistance - Real Property Authorize Acceptance of the Triangle Fund $10,000 - Youth Bureau Authorize Acceptance of Watkins Glen International Raceway=s Donation to the Youth Bureau Authorization for Department of Social Services to Purchase a Used Pickup Truck at no cost to the County Authorize Increase in Petty Cash for Department of Social Services Authorize Intent of Bonding for Highway Department and Use of Machinery Fund Balance for Equipment Purchases 274 423 464 489 497 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 12/13/99 Authorize Use of Capital Funds for Window Treatments at Rural Urban Center - Buildings and Grounds 12/13/99 Amend Resolution No. 386-99 Authorizing Intent to Bond for the Highway Department in the Year 2000 12/30/99 Resolution of the Schuyler County Legislature Approving the Issuance of up to $3,000,000 Civic Facility Revenue Bonds (Schuyler Hospital, Inc. Project) Series 1999, by the Schuyler County Industrial Development Agency 12/30/99 Authorize Increase in Home Health Agency Rates GRANTS 15 49 58 67 103 108 121 172 198 204 206 241 243 274 284 286 292 294 315 327 328 1/11/99 Authorize Submission of Schuyler County Applications for FY99 HUD Small Cities Community Development Block Grants (Including the Canal Corridor Initiative), Including Submission of an Abbreviated Consolidated Plan for Schuyler County 2/8/99 Authorize Chairman of the Legislature to Sign Records Management Grant Application Form and all Relative Reports 1999-2000 2/8/99 Authorize Chairman to Sign Documents Regarding the Shared Services Grant Contract 3/8/99 Approval of Juvenile Accountability Incentive Block Grant (JAIBG) Plan and Authorization of Chairman to Sign Said Application - Probation Department 4/12/99 Authorize Application and Contract for FY98 Law Enforcement Block Grant Funds - Sheriff 4/12/99 Amend Contract for NYSDOH Lead Poisoning Prevention Program Grant and Establish 19992000 Budget - Public Health 4/12/99 Authorize Section 18 Annual Grant Applications 5/10/99 Application for Chemung, Schuyler, Steuben Workforce Development Board Title II B Summer Youth Employment Grant - Youth Bureau 6/14/99 Resolution in Support of the Southern Tier Central Regional Planning and Development Board=s Proposal to Develop an Administrative Grant Application for a Rural Transportation Planning Organization (RPO) for Steuben and Schuyler Counties 6/14/99 Amend Resolution No., 172-99 Regarding Title IIB Summer Youth Employment and Training Program Grant - Youth Bureau 6/14/99 Authorize Establishment of Account for Auto Skills Training Grant - Social Services 7/12/99 Authorize Chairman of the Schuyler County Legislature to Sign Records Management Grant Acceptance and All Related Reports 1999-2000 7/12/99 Establish Budget for Local Government Records Management Improvement Fund Grant and Authorize the Creation and Filling of Keyboard Specialist Position - Civil Service/Personnel Department 8/9/99 Amend Resolution No. 121-99 - Authorize Section 18 Annual Grant Applications 8/13/99 Authorize Chairman to Sign Grant Application for Salt Storage Facility Under the 1996 Clean Water/Clean Air Bond Act - Title 3 Section 56-0303 8/16/99 Authorize Chairman to Sign Grant Application for the Water/Sewer Special Use District Under the 1996 Clean Water/Clean Air Bond Act - Title 3 Section 56-0303 9/13/99 Approval of Juvenile Accountability Incentive Block Grant (JAIBG) and Authorize the Chairman to Sign - Probation 9/13/99 Authorize Acceptance of Grant for Purchase of Defibrillators - Sheriff=s Department 9/13/99 Agreement to be Local Sponsor for Snowmobile Trails Grant Application for Trail Tamers of Schuyler County for the Years 1999-2000 10/12/99 Authorize 1999-2000 Grant Renewal for Early Intervention Program - Public Health 10/12/99 Authorize 1999-2000 Grant Renewal for Immunization Program - Public Health 275 RESOLUTIONS BY CATEGORY - 1999 332 345 440 446 10/12/99 Authorize Grant Application for ESRI Livable Communities Grant Series Community Development Grant Program 10/12/99 Resolution of the Schuyler County Legislature Regarding Support for Two (2) Applications by the Workforce Development Youth Council and Americorps Program Grants and Education Awards. New York State Office of National and Community Service for Two (2) Grants to Assist in Advancing Youth Development, Education, and Personal Assets for Schuyler County Youth, Including Provisions of at Least 60% Match for all Fringes, Excluding Youth Fringes 12/13/99 Authorize Contracts with U.S. Department of Housing and Urban Development (HUD), Bishop Sheen Ecumenical Housing and Community Progress, Inc. for Implementation of Small Cities Community Development Block Grant 12/13/99 Authorization for the County of Schuyler to Apply for Juvenile Accountability Incentive Block Grant (JAIBG) - Probation INSURANCE MATTERS 371 448 449 11/8/99 Authorize Advertisement for Requests for Proposals (RFPs) for Property/Casualty Insurance 12/13/99 Authorize Creation of Health Insurance Review Committee 12/13/99 Authorize Perry & Carroll, Inc. to Act as Group Health Incorporated (GHI) Broker for the County of Schuyler LOCAL LAWS 167 W/D 201 213 235 270 288 436 438 494 5/10/99 Local Law Intro. No. 1/Local Law No. _____ of the Year 1999 Setting Salaries for Certain Elected Officials 5/10/99 Local Law Intro. No. 2/Local Law No. _____ of the Year 1999 to Amend Local Law No. 4 of the Year 1998 Setting the Salary of Certain Public Officers for the Year 1999 - WITHDRAWN 6/14/99 Local Law Intro. No. 2 of the Year 1999 Amending Local Law No. 2 of 1988 to Extend a 2% Room Tax to all Bed & Breakfast Owners 6/14/99 Local Law Intro. No. 1/Local Law No. 1 of the Year 1999 Setting Salaries for Certain Elected Officials for Fiscal Years 2000, 2001, 2002 and 2003 7/12/99 Local Law Intro. No. 2/Local Law No. 2 of the Year 1999 Amending Local Law No. 2 of 1988 to Extend a 2% Room Tax to All Bed & Breakfast Owners 8/9/99 Local Law Intro. No. 3 of the Year 1999 Creating the Position of County Administrator for the County of Schuyler 8/17/99 Local Law Intro. No.3/Local Law No. 3 of the Year 1999 Creating the Position of County Administrator for the County of Schuyler 12/13/99 Local Law Intro. No. 4 of the Year 1999 - Setting the Salary for the Chairman of the Legislature for the Year 2000 12/13/99 Local Law Intro. No. 5 of the Year 1999 Setting the Salary of Certain Public Officers for the Year 2000 12/30/99 Local Law Intro. No. 6 of the Year 1999 Setting the Salary of Certain Public Officers for the Year 2000 MISCELLANEOUS 1 4 12 1/4/99 1/4/99 1/11/99 Close Nominations - 1999 Chairperson of the Schuyler County Legislature Designation of Legal County Newspaper Approve Minutes of the December 10, 1998 Public Hearing of the Schuyler County Legislature 276 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 19 22 1/11/99 2/8/99 36 37 40 43 44 46 52 2/8/99 2/8/99 2/8/99 2/8/99 2/8/99 2/8/99 2/8/99 54 56 60 65 72 75 80 86 87 88 89 96 99 101 2/8/99 2/8/99 3/8/99 3/8/99 3/8/99 3/8/99 3/8/99 3/8/99 3/8/99 3/8/99 3/8/99 3/8/99 3/8/99 4/12/99 107 112 119 120 123 131 147 148 151 153 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/12/99 4/20/99 5/10/99 155 157 159 162 163 164 165 166 170 5/10/99 5/10/99 5/10/99 5/10/99 5/10/99 5/10/99 5/10/99 5/10/99 5/10/99 Authorize One (1) Resolution be Brought to the Floor Approve Minutes of the December 14, 1998 Regular Meeting, December 18, 1998 Special Meeting, December 28, 1998 Year End Meeting, January 4,1 999 Organizational Meeting, January 11, 1999 Regular Meeting, January 19, 1999 Public Hearing and February 1, 1999 Public Hearing Minutes of the Schuyler County Legislature Authorize Out of State Travel for Janet Meaney - Mental Health Authorize Out of State Travel for Duane Spilde - Mental Health Resolution Requesting a $MART Review Declare Equipment Surplus - District Attorney Declare Equipment Junk - Sheriff Delegate Authority to Sign Amendments - Youth Bureau Proclaim February 7-14, 1999 Mental Retardation Awareness Week and March, 1999 Mental Retardation Awareness Month in Schuyler County Authorize Five (5) Resolutions be Brought to the Floor Recognize February 7-13, 1999 as Literacy Volunteers Week in Schuyler County Approve Minutes of the February 8, 1999 Regular Meeting of the Schuyler County Legislature Authorize Mobile Work Crew Building Project on Highway Department Grounds Authorize Out of State Travel for Sr. Investigator Michael Wood - Sheriff=s Department Resolution of Support for State Funding of Soil & Water Conservation Districts Authorize Out of State Travel - Public Health Declare Equipment Junk - Probation Department Declare Equipment Junk - Treasurer=s Office Declare Equipment Surplus - Board of Elections Declare Equipment Surplus - Mental Health Authorize Out of State Travel - Legislature Motion to Bring One (1) Emergency Resolution to the Floor Approve Minutes of the March 8, 1999 Regular Meeting and March 25, 1999 Public Hearing of the Schuyler County Legislature Authorize Advertisement for Construction of County Road #19 Bridge, North of Cooley Road Declare April as AAlcohol Awareness Month@ Resolution of Support for Continued Horse Racing at Batavia Downs Proclaim Week of May 2-8, 1999 as ANational Tourism Week@ A Resolution Providing for the Creation of Schuyler County Agricultural District #2 Declare Equipment Junk - Public Health Department Authorize Three (3) Resolutions Be Brought to the Floor Proclaim Week of April 18-24, 1999 as AVolunteer Week@ Ratification of Special Meeting Call Approve Minutes of the April 12, 1999 Regular Meeting and April 20, 1999 Special Meeting of the Schuyler County Legislature Proclaim Month of May as AMental Health Month@ Resolution Opposing the Governor=s Sentencing Reform Act of 1999 Proposal Amend Resolution No. 307-94 - Adopt Guidelines for use of the Rural Urban Center Declare Equipment Junk - Treasurer=s Office Declare Equipment Junk - Buildings & Grounds Declare Equipment Surplus - Buildings & Grounds Declare Equipment Surplus - Highway Department Declare Equipment Junk - Highway Department Declare Equipment Surplus - Real Property Tax Service RESOLUTIONS BY CATEGORY - 1999 173 174 175 180 183 192 193 194 195 196 197 202 5/10/99 5/10/99 5/10/99 6/14/99 6/14/99 6/14/99 6/14/99 6/14/99 6/14/99 6/14/99 6/14/99 6/14/99 210 211 214A 224 231 232 233 240 6/14/99 6/14/99 7/12/99 7/12/99 7/12/99 7/12/99 7/12/99 7/12/99 242 244 246 252 253 255 7/12/99 7/12/99 8/9/99 8/9/99 8/9/99 8/9/99 256 257 261 262 263 266 273 8/9/99 8/9/99 8/9/99 8/9/99 8/9/99 8/9/99 8/9/99 275 8/9/99 276 277 279 8/9/99 8/9/99 8/9/99 281 283 285 287 8/9/99 8/13/99 8/16/99 8/17/99 277 Declare Equipment Junk -Youth Bureau Authorize Six (6) Resolutions be Brought to the Floor Authorize Additional Space for Youth Bureau and County Attorney Offices Approve Minutes of the May 10, 1999 Regular Meeting of the Schuyler County Legislature Welcome to National Field Archers Declare Equipment Surplus - Board of Elections Declare Equipment Junk - Emergency Management Declare Equipment Junk - Schuyler County Attorney Establish Guidelines Relative to Purchasing Refreshments for Certain County-Related Functions Adopt Purchasing Policy as Amended Declare Equipment Surplus - Central Data Processing Resolution of Support for the Elimination of the Sunset Provision of the Local Government Records Management Improvement Fund (LGRMIF) Authorize Litigation: Town of Dix and County of Schuyler -vs- Albert and Frances Valent Authorize Out of State Travel - Mental Health Approve Minutes of the June 14, 1999 Regular Meeting of the Schuyler County Legislature Resolution in Support of ASmoke-Free Restaurant@ Policy Declare Equipment Surplus - County Clerk Declare Equipment Surplus - Public Health Declare Equipment Surplus - Weights and Measures Resolution in Support of Returning the Renewal of Motor Vehicle Registrations and Drivers Licenses to the Local County Offices Authorize Three (3) Emergency Resolutions be Brought to the Floor Authorize Representation - Valent -vs- County, et al. Federal District Court Suit Approve Minutes of the July 12, 1999 Regular Meeting of the Schuyler County Legislature Resolution to Authorize Continuation of Negotiations for Addition to Mill Creek Center Authorize 2000 DWI Plan - Sheriff=s Department Authorize Application for Weatherization Referral and Packaging Program (WRAP) - Office for the Aging Authorize H.E.L.P. Program - Youth Bureau Authorize Youth Bureau/Watkins Glen International Raceway Employment Program Declare Equipment Junk - Treasurer Declare Equipment Junk - Legislative Office Declare Equipment Junk - Real Property Tax Department Declare Equipment Junk - Civil Service/Personnel New York Tourist Promotion Act Designation by County of Official Tourist Promotion Agency 1999-2000 Authorize Chairman to Write Letter Requesting Assistance from State for Watkins Glen New York State Park Declare Equipment Surplus - Sheriff Declare Equipment Surplus - Highway Resolution in Support of Western Regional Off-Track Betting Corporation and Requesting Legislation Allowing Operation of Batavia Downs Authorize One (1) Resolution be Brought to the Floor Ratification of Special Meeting Call Ratification of Special Meeting Call Ratification of Special Meeting Call 278 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE 289 9/13/99 291 293 296 9/13/99 9/13/99 9/13/99 307 308A 309A 310A 311 9/13/99 9/13/99 9/13/99 9/13/99 9/13/99 313 9/13/99 318 320 9/22/99 10/12/99 321 10/12/99 331 333 10/12/99 10/12/99 334 341 352A 353 355 357 363A 363 10/12/99 10/12/99 10/12/99 10/12/99 11/8/99 11/8/99 11/8/99 11/8/99 367 370 372 373 11/8/99 11/8/99 11/8/99 11/8/99 379 380 383 395A 408 417 11/8/99 11/8/99 11/17/99 11/17/99 11/29/99 12/13/99 429 12/13/99 432 12/13/99 Approve Minutes of the August 9, 1999 Regular Meeting, the August 13, 1999, August 16, 1999 and August 17, 1999 Special Meetings and the August 17, 1999 Public Hearing of the Schuyler County Legislature Annual Update of the Pins Diversion Plan Authorize Out of State Travel - Sheriff=s Department Amend Resolution No. 165-99 - Declare Equipment Surplus - Highway Department/Authorize Sale to Town of Hector Authorize Continuation of Addition to Mill Creek Center - Public Health Amend Resolution No. 308 Motion to Table Resolution No. 309 Amend Resolution No. 310 Resolution Declaring the Week of September 27, 1999 - October 4, 1999 as ACatholic Charities Week@ Resolution Confirming Application for the Establishment of a County Watershed Protection and Rehabilitation District in the County of Schuyler for Portions of the Towns of Orange and Tyrone for the Purpose of the Protection and Rehabilitation of Certain Lakes Ratification of Special Meeting Call Approve Minutes of the September 13, 1999 Regular Meeting and the September 22, 1999 Special Meeting of the Schuyler County Legislature Resolution in Support of the Creation of an AEmergency Medical Services - Line of Duty Death Memorial@ Authorize Requests for Proposal for Gas/Oil Leasing on County Owned Land Resolution Providing Public Notice of thirty Day Comment Period on a Proposal to Create an Agricultural District #3 Proclaim October Radon Awareness Month Authorize Guest Speaker for the Office for the Aging Motion to Amend Resolution No. 352 Authorization to Bring One (1) Resolution to the Floor Approve Minutes of the October 12, 1999 Regular Meeting of the Schuyler County Legislature Amend Resolution No. 115-99 - Public Health Motion to Amend Resolution No. 363 Resolution in Support of Removing Ban on Heavy Truck Traffic on Odessa Hill - State Route 224 Set Dates - Special Meetings of the Legislature Modification f Rules - One Month=s Notice Resolution Proclaiming November 15, 1999as AAmerica Recycles Day@ Approval of the Office for the Aging 2000 Annual Implementation Plan for the Older Americans Act and NYS Community Services for the Elderly Programs Motion to Bring Three (3) Emergency Resolutions to the Floor Resolution Declaring the Week of November 7-13, 1999 as Winter Preparedness Week Ratification of Special Meeting Call Authorization to Table Resolution No. 395 Ratification of Special Meeting Call Approve Minutes of the November 8, 1999 Regular Meeting, and the November 17 and November 29, 1999 Special Meetings of the Schuyler County Legislature Support Authorizing New York State Legislation to Continue the Southern Tier Regional Special Needs Project Set Date - 1999 Year End Meeting of the Schuyler County Legislature RESOLUTIONS BY CATEGORY - 1999 433 441 459 465 487 490 496 279 12/13/99 Set Date - 2000 Organizational Meeting of the Schuyler County Legislature 12/13/99 Resolution Urging the Governor and State Legislature to Provide Adequate Transportation Funding for New York State 12/13/99 Motion to Bring Five (5) Emergency Resolutions to the Floor 12/14/99 Ratification of Special Meeting Call 12/30/99 Authorize Certification of Cost Allocation Plan 12/30/99 Dedication of 1999 Proceedings 12/30/99 Authorize Advertisement for Purchasing Agent Vacancy PERSONNEL MATTERS ABOLISH/CREATE/CHANGE POSITIONS 32 2/8/99 Authorize the Creation and Filling of a Senior Professional Registered Nurse Position - Public Health 33 2/8/99 Authorize the Creation and Filling of a Clinic Coordinator Position - Mental Health 48 2/8/99 Transfer of the Position of Supervisor, Mobile Work Crew, From Buildings and Grounds to the Department of Social Services 94 3/8/99 Designate Records Manager Position to the Legislative Office 113 4/12/99 Authorize Creation and Filling of Two Senior Staff Social Workers - Mental Health 114 4/12/99 Authorization to Fill Half-Time Registered Professional Nurse Position - Public Health 117 4/12/99 Authorize Change of Title for Position in Mental Health 127 4/12/99 Authorize Reinstatement of Two Typists in the Department of Social Services 128 4/12/99 Authorize the Creation and Filling of a Caseworker Position - Department of Social Services 130 4/12/99 Authorize the Creation and Filling of an Assistant Coordinator of Computer Services - Central Data Processing 168 5/10/99 Authorize Increase in Hours of Typist in the Civil Service/Personnel Office 179 5/10/99 Authorize Creation of a Correction Officer Position - Sheriff=s Department 186 6/14/99 Authorize Expansion of Account Clerk Typist Position to Full-Time at 35 Hours per Week Highway - FAILED 223 7/12/99 Authorize Filling Account Clerk Typist or Data Entry Machine Operator - Mental Health 239 7/12/99 Authorize Creation of Two Caseworker Positions in the Children=s Services Unit - Social Services 243 7/12/99 Establish Budget for Local Government Records Management Improvement Fund Grant and Authorize the Creation and Filling of Keyboard Specialist Position - Civil Service/Personnel Department 375 11/8/99 Approval of Establishment of Office for the Aging Case Supervisor Grade B Position 420 12/13/99 Authorize Increasing the Position of Director of Patient Services to Full-Time and Abolish the Supervising Public Health Nurse Position - Public Health PERMANENT 31 2/8/99 182 6/14/99 226 7/12/99 381 11/8/99 Authorize the Filling of Two Registered Nurse Positions - Public Health Authorize the Filling of a Corrections Officer Position - Sheriff=s Department Authorize the Filling of a Deputy Sheriff Position - Sheriff=s Department Authorize Filling of the Public Health Educator Position - Public Health PROVISIONAL 430 12/13/99 Authorize Appointment of Assistant Mobile Work Crew Supervisor Provisionally - Social Services 280 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE TEMPORARY 70 3/8/99 161 5/10/99 317 9/13/99 491 Authorize Hiring of Temporary Clerical Help - Sheriff=s Department Authorize Extension of Assistant Mobile Work Crew Supervisor Position Authorize Hiring of Temporary Civil Service Clerk and Temporary Part-Time Typist - Personnel Department 12/30/99 Authorize Temporary Deputy Appointment - Legislature APPOINTED OFFICIALS 2 1/4/99 Appointment - Chairman, Schuyler County Legislature - 1999 3 1/4/99 Appointment - Clerk to the Legislature 7 1/4/99 Appointment - Budget Officer for 1999 8 1/4/99 Appointment - Chief Voting Machine Custodian 9 1/4/99 Appointment - Chief Coroner for 1999 10 1/4/99 Appointment - Historian and Deputy Historian 245 7/12/99 Acknowledge Appointment and Set Salary of Assistant Coordinator of Computer Services PUBLIC HEARINGS 100 368 488 3/8/99 A Resolution to Provide Notice of a Second Public Hearing on the Proposal to Create an Agricultural District Comprising Certain Lands in the Towns of Tyrone, Reading, Orange, and Dix to be Known as Schuyler County Agricultural District #2 11/8/99 Set Date for Public Hearing on County Budget for 2000 12/30/99 Resolution to Provide Notice of a Public Hearing on the Proposal to Create an Agricultural District Comprising Certain Lands in the Towns of Catharine, Cayuta and Montour, to be Known as Schuyler County Agricultural District #3 SALARIES 11 34 176 245 265 352 366 494 1/4/99 2/8/99 5/10/99 Adopt Schedule of Salaries for 1999 Set Salary of Staff Psychiatrist Position - Mental Health Approve Recommendation of Appeals Committee on 1999 Management/Confidential Salaries and Authorize Amendment of the Management/Confidential Salary Plan - FAILED 7/12/99 Acknowledge Appointment and Set Salary of Assistant Coordinator of Computer Services 8/9/99 Review Reclassification of Titles Covered by the CSEA Administrative Contract 10/12/99 Approve Recommendation of Appeals Committee on 1999 Management/Confidential Salaries and Authorize Amendment of the Management/Confidential Salary Plan - AS AMENDED 11/8/99 Adopt Matrix for Year 2000 for Management/Confidential Salary Plan 12/30/99 Local Law Intro. No. 6 of the Year 1999 Setting the Salary of Certain Public Officers for the Year 2000 TAX MATTERS 20 84 1/11/99 3/8/99 91 3/8/99 Authorize Corrected 1997 Tax Roll - Town of Hector Resolution Supporting the Adoption of an Excise Tax on Tobacco Products in the State of New York Approve Application for Correction of Tax Roll - Tyrone - NYSEG Tax Map Numbers 555.8016000, 555.801-6000-1, 555.801-6000-2, and 555.801-6000-3 RESOLUTIONS BY CATEGORY - 1999 92 3/8/99 152 4/20/99 169 178 5/10/99 5/10/99 208 6/14/99 215 228 282 7/12/99 7/12/99 8/9/99 319 9/22/99 337 350 10/12/99 10/12/99 364 11/8/99 369 11/8/99 382 434 11/8/99 12/13/99 439 442 12/13/99 12/13/99 443 12/13/99 461 12/13/99 466 12/14/99 480 12/14/99 492 12/30/99 281 Amend Town of Hector Tax Roll for Property Purchased by the United States Government - Tax Map Number 3.-1-1 Resolution Requesting the New York State Legislature to Pass Senate Bill S.2953 and Assembly Bill A.5212 Authorizing an Additional 1% Sales Tax for Schuyler County Pursuant to Section 40 of the Municipal Home Rule Law Resolution to Authorize Refund, Parcel 54.-1-48, Town of Hector Authorize Chairman to Sign ANotice to Vacate@ and the Sheriff=s Department to Hand Deliver Notices Authorizing Distribution of Mortgage Tax Receipts Pursuant to Section 261 of the New York State Tax Law Resolution to Authorize Refund, Parcel 87.5-1-17 - Town of Montour Authorize Advertisement for bids for Abstracting Services for 1999 Tax Sale Auction Properties Resolution to Enact the Clothing and Footwear Exemption from Sales and Use Taxes for Both the Period September 1, 1999 and September 7,1 999, and the Period January 15, 2000 through January 21, 2000 Resolution of the Legislature of the County of Schuyler, Increasing the Rate of Taxes on Sales and Uses of Tangible Personal Property and on Certain Services, and on Occupancy of Hotel Rooms, Amusement Charges and Club Dues, Pursuant to Article 29 of the Tax Law of the State of New York and Exempting Certain Residential Energy Sources and Services From Such Additional Rate of Tax - FAILED Authorize Refund of Taxes, Parcel 60.-1-31, Town of Orange - Tax Roll Year 1999 Authorize Chairman to Sign ANotice to Vacate@ and the Sheriff=s Department to Hand Deliver Notices Resolution to Adopt Equalization Rates for the Apportionment of the Year 2000 County Tax Levy - Real Property A Resolution of the Legislature of the County of Schuyler Changing the Effective Date of the Sales and Compensating Use Tax Exemption for Clothing and Footwear, Pursuant to Article 29 of the Tax Law of the State of New York Direct Disposition - Former Owego 88 Associates Tax Foreclosure Parcel Authorizing Distribution of Mortgage Tax Receipts Pursuant to Section 261 of the New York State Tax Law Accept Offers to Purchase and Quitclaim Property Taken by Tax Deed Authorize Town of Hector Delinquent Water Bills to be Charged on the January, 2000, Town and County Tax Bills - Real Property Tax Service Authorize Town of Reading Delinquent Sewer and Water Bills to be Charged on the January, 2000, Town and County Tax Bills - Real Property Tax Service Committing the Schuyler County Legislature to Reducing Real Property Taxes by 5% per Year for the Next Three Years Resolution of the Legislature of the County of Schuyler, Increasing the Rate of Taxes on Sales and Uses of Tangible Personal Property and on Certain Services, and on Occupancy of Hotel Rooms, Amusement Charges and Club Dues, Pursuant to Article 29 of the Tax Law of the State of New York and Exempting Certain Residential Energy Sources and Services from Such Additional Rate of Tax 2000 Budget of $22,681,755: Legislature to Determine Town Contribution to County Taxes and Issue Certificate to Each Town Resolution Canceling Tax Lien RESOLUTIONS RESCINDED/AMENDED/WITHDRAWN/TABLED 282 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE AMENDED 21 1/11/99 229 7/12/99 268A 8/9/99 268 308 8/9/99 9/13/99 310 9/13/99 352 10/12/99 464 12/13/99 473A 12/14/99 473 12/14/99 Amend Resolution No. 458-98 Authorize Creation of Advisory Committee for Management Position Authorize a Contract with SCOPED, Inc. for Grant Writing/Administration - AS AMENDED Motion to Amend Resolution No. 268 to Accept Recommendation on Wording Changes from the County Attorney and the Clerk of the Legislature Rules of Procedure Modification - One Month=s Notice - AMENDED Authorize Personnel Officer to Advertise for the Position of County Administrator - AS AMENDED Authorize Schuyler County to be the Lead Agent for SEQR Relative tot he Salt Storage Facility Project - Highway Department - AS AMENDED Approve Recommendation of Appeals Committee on 1999 Management/Confidential Salaries and Authorize Amendment of the Management/Confidential Salary Plan - AS AMENDED Amend Resolution No. 386-99 Authorizing Intent to Bond for the Highway Department in the Year 2000 Motion to Amend Resolution No. 473 Alteration of Tentative Budget Pursuant to County Law Section 358 - Miscellaneous Salaries AS AMENDED WITHDRAWN 3/8/99 Authorize County Treasurer to Charge Penalty for Removal of Forest From Forest Plan WITHDRAWN 5/10/99 Local Law Intro. No. 2/Local Law No. _____ of the Year 1999 to Amend Local Law No. 4 of the Year 1998 Setting the Salary of Certain Public Officers for the Year 1999 - WITHDRAWN 6/14/99 Review Reclassification of Titles Covered by the CSEA Administrative Contract WITHDRAWN 7/12/99 Authorize Resolution of Support Relative to Medicaid Cost Containment - WITHDRAWN 7/12/99 Amend 1999 County Budget - Public Health - WITHDRAWN 8/9/99 Authorize Advertising for Re-Bids for Transportation of Preschool Children with Disabilities from 7/1/99 - 6/30/2000 - WITHDRAWN 9/13/99 Appointment to Health Services Advisory Committee and Professional Advisory Committee Public Health - WITHDRAWN 12/13/99 Local Law Intro. No. 6 of the Year 1999 Amending Local Law No. 3 of 1997 - Setting Salaries of the Sheriff and the District Attorney - WITHDRAWN 12/13/99 Authorize Transfer of Funds for Health Insurance - WITHDRAWN 12/30/99 Appointments - Schuyler County Industrial Development Agency (SCIDA) - WITHDRAWN TABLED 309 395 451A 451 9/13/99 11/17/99 12/13/99 12/13/99 Modification of County Legislature=s Rules of Procedure - TABLED Alteration of Tentative Budget Pursuant to County Law Section 358 - Personnel - TABLED Motion to Table Resolution No. 451 Alteration of Tentative Budget Pursuant to County Law Section 358 - Contingency Account TABLED FAILED RESOLUTIONS BY CATEGORY - 1999 130A 4/12/99 176A 5/10/99 176 5/10/99 186 6/14/99 270A 288A 319A 319 8/9/99 8/17/99 9/22/99 9/22/99 387A 11/17/99 385 11/17/99 398 11/17/99 400 436A 454A 477 11/17/99 12/13/99 12/13/99 12/14/99 283 Motion to Table Resolution No. 130 for One Month - FAILED Motion to Amend Resolution No. 176 to Change Effective Date - FAILED Approve Recommendation of Appeals Committee on 1999 Management/Confidential Salaries and Authorize Amendment of the Management/Confidential Salary Plan - FAILED Authorize Expansion of Account Clerk Typist Position to Full-Time at 35 Hours per Week Highway - FAILED Motion to Amend Resolution No. 270 to Hold a Public Referendum - FAILED Motion to Amend Resolution No. 288 to Hold a Public Referendum - FAILED Motion to Table Resolution No. 319 - FAILED Resolution of the Legislature of the County of Schuyler, Increasing the Rate of Taxes on Sales and Uses of Tangible Personal Property and on Certain Services, and on Occupancy of Hotel Rooms, Amusement Charges and Club Dues, Pursuant to Article 29 of the Tax Law of the State of New York and Exempting Certain Residential Energy Sources and Services From Such Additional Rate of Tax - FAILED Authorization to Amend Resolution No. 387 - FAILED Alteration of Tentative Budget Pursuant to County Law Section 358 - Medicaid - FAILED Alteration of Tentative Budget Pursuant to County Law Section 358 - Central Data Processing FAILED Alteration of Tentative Budget Pursuant to County Law Section 358 - Sales Tax - FAILED Motion to Amend Resolution No. 436 - FAILED Motion to Amend Resolution No. 454 - FAILED Alteration of Tentative Budget Pursuant to County Law Section 358 - Real Property Tax Agency - FAILED 284 1999 PROCEEDINGS - SCHUYLER COUNTY LEGISLATURE COPIES OF THE SCHUYLER COUNTY TREASURER=S ANNUAL FINANCIAL REPORT, ALL ANNEXED OR ATTACHED DOCUMENTS REFERRED TO IN RESOLUTIONS, AND ALL OTHER ANNUAL REPORTS ARE AVAILABLE FOR REVIEW AT THE SCHUYLER COUNTY LEGISLATIVE OFFICE
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