PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE ...

PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2012 MEMBERS OF THE LEGISLATURE DISTRICT I...................................................... DENNIS A. FAGAN STEWART F. FIELD, JR. DISTRICT II..................................................... THOMAS M. GIFFORD

MICHAEL A. YUHASZ PHILIP C. BARNES

DISTRICT III................................................... DORIS L. KARIUS GLENN R. LARISON

BARBARA J. HALPIN OFFICERS CHAIRMAN.................................................... DENNIS A. FAGAN CLERK............................................................. STACY B. HUSTED DEPUTY CLERK............................................ JAMEE L. MACK COUNTY ATTORNEY................................... GEOFFREY B. ROSSI

PROCEEDINGS OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER FOR THE YEAR 2012

CHAIRMAN AND CLERK'S CERTIFICATE STATE OF NEW YORK ) COUNTY OF SCHUYLER )

We, Dennis A. Fagan, Chairman, and Stacy B. Husted, 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 2012, pursuant to Section 211 of the County Law.

DENNIS A. FAGAN Chairman, Schuyler County Legislature STACY B. HUSTED

Clerk, Schuyler County Legislature

MEMBERS AND OFFICERS OF THE 2012 SCHUYLER COUNTY LEGISLATURE

Back row left to right: Legislator Philip C. Barnes, Geoffrey B. Rossi, County Attorney, Legislator Stewart F. Field, Jr., Legislator Thomas M. Gifford, Legislator Glenn R. Larison, Timothy M. O’Hearn,

County Administrator and Chairman Dennis A. Fagan. Seated left to right: Legislator Barbara J. Halpin, Jamee L. Mack, Deputy Clerk, Stacy B. Husted,

Clerk and Legislator Doris L. Karius. Not present, Legislator Michael A Yuhasz.

TABLE OF CONTENTS

Resolutions – 2012 (Numerical, By Meeting)……………………………………….…I REGULAR AND SPECIAL MEETINGS: Organizational Meeting January …………………………………………..……….......1 Regular Meeting January ...……………………………………………………….........4 Special Meeting January……………………………………………………………….13 Regular Meeting February…………………………………………………………… .15 Regular Meeting March . ……………………………………………………………...25 Regular Meeting April..………………………………………………………………..37 Regular Meeting May ………………………………………………………………..51 Special Meeting June …………………………………………………..…….………..68 Regular Meeting June……..…………………………………………………………...70 Special Meeting June…………………………………………………………………..80 Regular Meeting July….………………………………………..…………..………….81 Special Meeting July…………………………………………………………………...99 Regular Meeting August….……………………………………………………………105 Regular Meeting September ………………………………………….……………...121 Special Meeting September…………………………………………………………….140 Regular Meeting October……………………………………………………….……...140 Special Meeting October….……………………………………………………………153 Special Meeting November…………………………………………………………….154 Regular Meeting November.…………………………………………………………...158 Regular Meeting December…………………………………………………………... 168 Year End Meeting………………………………………………………………….…..180 Annual Budget Summary of 2013, County of Schuyler………..……………………..181 Annual Budget Summary of 2012, County of Schuyler ….…………………………. 182 Mortgage Tax Distribution: October 1, 2011 through March 31, 2012 …………………………………….72 April 1, 2012 through September 30, 2012 ………………………………….175 Index………………………………………………………………………………….189

DEDICATIONS 2012 PROCEEDINGS OF THE

SCHUYLER COUNTY LEGISLATURE

David L. Centurelli David joined the County in January of 1978 as a Deputy Sheriff in our Sheriff’s Department. In January of 2001 David also took on the duties as our Navigation Officer until his retirement with 34 years of service to the County.

Mary Ellen Upham

Mary Ellen joined the County in October of 1980 as a Typist with our Department of Social Services. She held a few job titles in the Social Services Department such as Senior Typist, Account Clerk Typist and Account Clerk – Keyboard Specialist until her retirement in December of 2012 with 32 years of service with the County.

Camelia M. Oswald Camelia (Cam) joined the County in November of 1984 as a Registered Professional Nurse in our Public Health Department. She held a couple of positions in the Public Health Department such as Senior Registered Professional Nurse and the Nursing Coordinator until her retirement in July of 2012 with 28 years of service to the County.

John Michael Pierce

John Michael joined the County in May of 1985 as a Deputy Sheriff with our Sheriff’s Department through September of 2009 when he became a Deputy Sheriff Sergeant. John Michael retired from this position in November of 2012 with 27 years of service to the County.

Gail M. Hughey Gail joined the County in August of 1986 as a Typist in the Legislative Office of the Legislature. In May of 1988 she worked in the Mental Health Department for a couple of years as a Data Entry Machine Operator and returned to the Legislature in March of 1990 as a Personal Secretary. During her employment with the Legislature she held the positions of Deputy Clerk of the Legislature, Clerk of the Legislature and County Auditor. In January of 2003 Gail took on additional duties as the Human Resources Manager and in July of 2005 was then appointed as the full-time Human Resources Director until her retirement in June of 2012 with 24 years of service to the County.

DEDICATIONS

2012 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE

Beverly B. Potter Beverly joined the County in September of 1968 as a Food Service Helper with our Office for the Aging until she resigned in June of 1989. In September of 1993 she returned as a Typist in our Social Services Department. She held a couple of positions in the Social Services Department such as Account Clerk Typist and a Social Welfare Examiner until her retirement in January of 2012 with 18 years of service with the County.

Patricia S. Emery Patricia (Pat) joined the County in October of 1994 as a Personnel Clerk in the Civil Services Department. In January of 1998 Pat was appointed as the Personnel Assistant in the Human Resources Department and then was appointed the Human Resources Administrator-Benefits Manager in January of 2005 until her retirement in April of 2012 with 18 years of service to the County.

RESOLUTION BY NUMBER – 2012 I

RESOLUTIONS BY NUMBER – 2012 ORGANIZATIONAL MEETING

JANUARY 4, 2012

1. CLOSE NOMINATIONS - 2012 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE

2. APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2012 3. CONTINUITY OF LOCAL GOVERNMENT" FOR 2012 4. APPOINTMENT - CLERK TO THE LEGISLATURE – 2012-2015 5. APPOINTMENT - DEPUTY CLERK TO THE LEGISLATURE 6. APPOINTMENT - COUNTY AUDITOR - 2012-2015 7. DESIGNATION OF LEGAL COUNTY NEWSPAPER 8. DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS –

AS AMENDED 9. CONFORM TO "RULES OF PROCEDURE" 10. APPOINTMENT - CHIEF CORONER FOR 2012 11. APPOINTMENT – COUNTY HISTORIAN FOR 2012 12. APPOINTMENT - PUBLIC DEFENDER – 2012-2015 13. ACKNOWLEDGE APPOINTMENT OF ASSISTANT PUBLIC DEFENDER 14. APPOINTMENT - DEPUTY COUNTY TREASURER 15. ADOPT SCHEDULE OF SALARIES FOR 2012 16. ADOPT PURCHASING POLICIES & PROCEDURES 17. DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE

AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $2,500 FOR THE YEAR 2012

18A. MOTION TO TABLE RESOLUTION NUMBERS 18, 19 & 20 18. APPOINTMENT - SCHUYLER COUNTY ATTORNEY – 2012-2015 -

TABLED 19. APPOINTMENTS - ASSISTANT COUNTY ATTORNEYS – TABLED 20. APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY

ATTORNEY – TABLED

REGULAR MEETING JANUARY 9, 2012

21. APPROVE THE MINUTES OF THE DECEMBER 28, 2011 YEAR END

MEETING OF THE SCHUYLER COUNTY LEGISLATURE 22. AUTHORIZE CONTRACT EXTENSION FOR THE ALTERNATIVES TO

INCARCERATION SERVICE PLAN FROM DECEMBER 2011 TO JUNE 2012 PROBATION DEPARTMENT - PROBATION

23. AUTHORIZE 2012 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS

24. AUTHORIZE AMENDING THE FACILITIES AND GROUNDS CAPITAL RESERVE POLICY TO REDUCE THE ANNUAL FUNDING AMOUNT – BUILDINGS AND GROUNDS


25. AUTHORIZE TRANSFER OF T-28 FUNDS INTO THE CIVIL SERVICE 2012 REVENUE ACCOUNT – CIVIL SERVICE

26. ADOPT EQUIPMENT OPERATOR SNOW AND ICE MANUAL – HIGHWAY DEPARTMENT

27. ONE-YEAR APPOINTMENTS 28. TWO-YEAR APPOINTMENTS 29. THREE-YEAR APPOINTMENTS NON-CALENDAR YEAR 30. THREE-YEAR APPOINTMENTS 31. FOUR-YEAR APPOINTMENTS 32. APPOINTMENTS TO BOARDS WITH NO TERMS 33. AUTHORIZE NAME CHANGE AND APPOINTMENT TO THE

ALTERNATIVE TO INCARCERATION ADVISORY BOARD (ATI) 34. AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND

MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE)

35. AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE)

36. MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR

37. AUTHORIZE INCREASING THE SALARY FOR THE ASSISTANT COUNTY ATTORNEY – COUNTY ATTORNEY’S OFFICE

38. ACKNOWLEGE APPOINTMENT OF A LESS THAN FULL-TIME ASSISTANT COUNTY ATTORNEY POSITION – COUNTY ATTORNEY’S OFFICE

SPECIAL MEETING JANUARY 13, 2012

39. RATIFICATION OF SPECIAL MEETING 40. AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR

CHILD PROTECTIVE ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE

18. APPOINTMENT - SCHUYLER COUNTY ATTORNEY – 2012-2015 19. APPOINTMENT - ASSISTANT COUNTY ATTORNEY

REGULAR MEETING FEBRUARY 13, 2012

41. APPROVE THE MINUTES OF THE JANUARY 4, 2012

ORGANIZATIONAL MEETING, JANUARY 9, 2012 REGULAR MEETING AND THE JANUARY 13, 2012 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

42. DISCONTINUE USE OF PETTY CASH – EMERGENCY MANAGEMENT


43. AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR TWO NEW VEHICLES – SHERIFF’S DEPARTMENT – AS AMENDED

44. RESOLUTION SUPPORTING A CO-APPLICATION WITH THE VILLAGE OF WATKINS GLEN TO THE NEW YORK STATE DEPARTMENT OF STATE SHARED MUNICIPAL SERVICES INCENTIVE (SMSI) GRANT PROGRAM FOR A CONSOLIDATED POLICE DEPARTMENT STUDY

45. AUTHORIZE USE AND DISSEMINATION AGREEMENT WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR USE OF NEW YORK STATEWIDE POLICE INFORMATION NETWORK (NYSPIN) SERVICES AS HOSTED THROUGH THE INTEGRATED JUSTICE PORTAL – PROBATION DEPARTMENT

46. AUTHORIZE FOUR-YEAR CONTRACT RENEWAL WITH LEXIS-NEXIS – PUBLIC DEFENDER

47. AUTHORIZE APPOINTMENT TO THE PLANNING COMMISSION TO FILL AN UNEXPIRED TERM

48. TWO YEAR APPOINTMENT 49. AUTHORIZE 2011-2012 SNOWMOBILE GRANT APPLICATION AND

CONTRACT – SOIL & WATER CONSERVATION 50. ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING

EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE)

51. ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE)

52. AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU

53. AUTHORIZE CONTRACT WITH BEHAVIORAL INTERVENTION, INC. FOR ELECTRONIC HOME MONITORING EQUIPMENT – YOUTH BUREAU

54. AUTHORIZE AGREEMENT WITH MONTEREY FIRE DEPARTMENT FOR USE OF KITCHEN AND DINING AREA FOR OFA CONGREGATE MEAL SITE – OFFICE FOR THE AGING

55. AUTHORIZE AGREEMENT FOR PROVISION OF MEALS TO MY PLACE, A PLAY AND LEARNING CENTER – OFFICE FOR THE AGING

56. AUTHORIZE A FUNDING AGREEMENT WITH NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS (NACCHO) MEDICAL RESERVE CORPS (MRC) – PUBLIC HEALTH

57. AUTHORIZE CONTRACT WITH SCHUYLER COUNTY YOUTH BUREAU – SOCIAL SERVICES

58A. MOTION TO TABLE RESOLUTION NO. 58 58. APPOINTMENT – DEPUTY COUNTY HIGHWAY SUPERINTENDENT -

HIGHWAY DEPARTMENT - TABLED 59. AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST

INSTANCE 100% OF THE FEDERAL –AID AND STATE “MARCHISELLI”


PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL –AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT

60. ACCEPT BID FROM TOSHIBA BUSINESS SOLUTIONS FOR THE REPLACEMENT OF COPIERS FOR SCHUYLER COUNTY OFFICES

61. AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING

62. ACKNOWLEDGE APPOINTMENT AND SET REIMBURSEMENT RATES FOR SCHUYLER COUNTY REPUBLICAN AND DEMOCRATIC PARTY INSPECTORS FOR THE YEAR 2012 – BOARD OF ELECTIONS

63. ACKNOWLEDGE APPOINTMENTS OF VOTING SYSTEM TECHNICIANS/CUSTODIANS FOR THE YEAR 2012 – BOARD OF ELECTIONS

64. RESOLUTION TO DENY APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR – REAL PROPERTY TAX

65. AUTHORIZE AMENDMENTS TO THE PROCURA, LLC 2012 CONTRACT – PUBLIC HEALTH

66. MOTION TO BRING ONE (2) RESOLUTIONS TO THE FLOOR 67. AUTHORIZE EXTENSION FOR CURRENT MAINTENANCE CONTRACT

(EASTERN COPY PRODUCTS) & LEASE WITH G.E. CAPITOL FOR EASTERN COPY PRODUCTS FOR SCHUYLER COUNTY OFFICE COPIERS – PURCHASING

68. AUTHORIZE APPOINTMENT OF INTERIM HUMAN RESOURCES DIRECTOR/AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES

20.APPOINTMENT – CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY

REGULAR MEETING MARCH 12, 2012

69. APPROVE THE MINUTES OF THE FEBRUARY 13, 2012 REGULAR

MEETING OF THE SCHUYLER COUNTY LEGISLATURE 70. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012 BYRNE JAG

RECOVERY ACT GRANT – SHERIFF’S OFFICE 71. AUTHORIZE ONGOING CONTRACTS WITH THE VILLAGE OF

MONTOUR FALLS, THE VILLAGE OF ODESSA, 208 BROADWAY, LLC, AND ARNOT MEDICAL SERVICES FOR BUS SHELTERS –AS AMENDED

72. AUTHORIZE CONTRACT WITH CORNELL COOPERATIVE EXTENSION TO ADMINISTER THE REMAINING CDBG HOUSING FUNDS

73. RESOLUTION TO GOVERNOR CUOMO AND THE NEW YORK STATE LEGISLATURE TO ADVANCE FUNDING AND EXPEDITE COMPLETION OF I-86 IN BROOME, DELAWARE, SULLIVAN, AND ORANGE COUNTIES, AND PLACE SIGNAGE RECOGNIZING THE


DESIGNATION OF THE DANIEL PATRICK MOYNIHAN INTERSTATE HIGHWAY 86

74. AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM – YOUTH BUREAU – AS AMENDED

75. AUTHORIZE TANF SUMMER YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU

76. AUTHORIZE GRANT APPLICATION FOR COMMUNITY IMPACT GRANT VIA HOME DEPOT– OFFICE FOR THE AGING

77. AUTHORIZE AGREEMENT WITH JENNIFER GECK FOR PRODUCTION OF GOLDEN GLOW NEWSLETTER – OFFICE FOR THE AGING

78. AUTHORIZE APPOINTMENT TO THE LOCAL EARLY INTERVENTION COORDINATING COUNCIL (LEICC) – PUBLIC HEALTH

79. RECOGNIZE APRIL 21 – 28, 2012 AS NATIONAL INFANT IMMUNIZATION WEEK – PUBLIC HEALTH

80. AUTHORIZE AMENDMENT TO THE 2012 CONTRACT WITH TENELEVEN GROUP, INC. TO ALLOW PAYMENT OF ADDITIONAL EXPENSES – COMMUNITY SERVICES

81. AUTHORIZE CONTRACT WITH LOVELL COMPUTER SOLUTIONS – COMMUNITY SERVICES

82. AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AUTHORIZE AMENDING THE 2012 BUDGET – COMMUNITY SERVICES

83. AUTHORIZE CONTRACT AMENDMENT WITH SHARIFUZZAMA SIDDIQUI, M. D. – COMMUNITY SERVICES

84. AUTHORIZE CONTRACT AMENDMENT WITH S. M. ANWAR AHMED, M. D. – COMMUNITY SERVICES

85. AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES AND EARLY INTERVENTION FROM JULY 1, 2012 – JUNE 30, 2013 – PUBLIC HEALTH

86. RECOGNIZE APRIL 22-28, 2012 AS WEEK OF THE YOUNG CHILD 87. AUTHORIZE SCOPE OF WORK TO BE PERFORMED BY CLIMATE

CONTROL TECHNOLOGIES TO CORRECT VENTILATION ISSUE IN SHOP AT SHARED SERVICES BUILDING – BUILDINGS & GROUNDS

88. AUTHORIZE A GRANT AND CONTRACT WITH THE STATE OF NEW YORK BOARD OF ELECTIONS – COUNTY BOARD OF ELECTIONS

89. ACKNOWLEDGE APPOINTMENTS OF ELECTION INSPECTORS – BOARD OF ELECTIONS

90. AUTHORIZE AMENDING RESOLUTION NO. 8-12 TITLED “DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS” TO REMOVE HSBC BANK FROM THE LIST OF DEPOSITORIES

91. AUTHORIZE AMENDING THE CONTRACT WITH MCILROY MANAGEMENT & CONSULTING – TREASURER’S OFFICE

92. AUTHORIZE TRANSFER OF SURPLUS COUNTY PROPERTY TO THE VILLAGE OF ODESSA


93. RECOGNIZE THE MONTH OF APRIL 2012 AS NATIONAL COUNTY GOVERNMENT MONTH “HEALTHY FAMILIES, HEALTHY COUNTIES”

94. AUTHORIZE TRANSFER OF FUNDS FOR GENERAL LIABILITY INSURANCE – COUNTY ADMINISTRATOR

95. AUTHORIZE APPLICATION AND DESIGNATE SCHUYLER COUNTY AS LEAD AGENCY FOR AN INTER-MUNICIPAL LOCAL GOVERNMENT EFFICIENCY GRANT TO STUDY CONSOLIDATED DELIVERY OF CODE ENFORCEMENT AND BUILDING INSPECTION FUNCTIONS

96. AUTHORIZE ONGOING INTERMUNICIPAL AGREEMENT WITH CHEMUNG COUNTY FOR HEALTH, DENTAL AND VISION INSURANCE – HUMAN RESOURCES

97. AUTHORIZE DISPOSITION OF CLAIM – SOCIAL SERVICES 98. MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR 99. AUTHORIZE THE REINSTATEMENT AND FILLING OF THE

KEYBOARD SPECIALIST POSITION – CIVIL SERVICE 58. APPOINTMENT – DEPUTY COUNTY HIGHWAY SUPERINTENDENT -

HIGHWAY DEPARTMENT

REGULAR MEETING APRIL 9, 2012

100. APPROVE THE MINUTES OF THE MARCH 12, 2012 REGULAR

MEETING OF THE SCHUYLER COUNTY LEGISLATURE 101. AUTHORIZE DARK FIBER INDEFEASIBLE RIGHT OF USE (IRU)

AGREEMENT WITH SOUTHERN TIER NETWORK (STN) 102. LOCAL LAW INTRO. NO. 1 OF THE YEAR 2012 AMENDING LOCAL

LAW NO. 2 OF THE YEAR 1997 TITLED “PURSUANT TO SECTION 257-C EXECUTIVE LAW AUTHORIZING SCHUYLER COUNTY PROBATION DEPARTMENT TO COLLECT DWI ADMINISTRATIVE FEES” TO UPDATE THE ASSESSMENT PROCESS AND COLLECTION OF DWI SUPERVISION FEES - PROBATION DEPARTMENT

103. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2012 AUTHORIZING THE PROBATION DEPARTMENT TO ESTABLISH AND COLLECT A ONETIME FEE FROM INDIVIDUALS SERVING A SUPERVISION TERM FOR THE ADMINISTRATION OF DRUG AND ALCOHOL TESTING AS COMPLETED BY PROBATION-PROBATION DEPARTMENT

104. AUTHORIZE AMENDING 2012 BUDGET FOR THE ACCEPTANCE OF ADDITIONAL FUNDS FOR THE SUPERVISION AND TREATMENT SERVICES FOR THE JUVENILES PROGRAM – PROBATION

105. AUTHORIZE EXTENSION OF THE NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES GRANT, T000032 – PUBLIC DEFENDER

106. ADOPT THE SCHUYLER COUNTY COORDINATED PUBLIC TRANSIT HUMAN SERVICES TRANSPORTATION PLAN


107. AUTHORIZING AMENDING RESOLUTION NO. 74-11 YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM AGREEMENT– YOUTH BUREAU

108. RECOGNIZE MAY 6 – 12, 2012 AS NATIONAL NURSES’ WEEK – HEALTH SERVICES

109. ACKNOWLEDGE APPOINTMENT AND SET SALARY OF INTERIM DIRECTOR OF COMMUNITY SERVICES/PUBLIC HEALTH – HEALTH SERVICES

110. AUTHORIZE A CONTINUATION OF THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE DIRECTORS SYSTEM OF CARE GRANT FOR 2012 – COMMUNITY SERVICES

111. AUTHORIZE APPOINTMENT TO THE PEOPLE WITH DEVELOPMENTAL DISABILITIES SUBCOMMITTEE - COMMUNITY SERVICES

112. AUTHORIZE CONTRACT WITH PRACTICE MANAGEMENT ALTERNATIVES, LLC – COMMUNITY SERVICES

113. AUTHORIZE CONTRACT AMENDMENT WITH SCHUYLER COUNTY CHAPTER, NYSARC, INC. (dba THE ARC OF SCHUYLER) AND AUTHORIZE AMENDING THE 2012 BUDGET – COMMUNITY SERVICES

114. AUTHORIZE TRANSFER OF FUNDS FROM THE COMMUNITY SERVICES BOARD RESERVE ACCOUNT TO BUILDING AND GROUNDS FOR REPAIRS – COMMUNITY SERVICES

115. ESTABLISH 2012 - 2013 ANNUAL IMMUNIZATION GRANT - PUBLIC HEALTH

116. AUTHORIZE CONTRACT AMENDMENT WITH PROBATION FOR SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM (STSJP) GRANT FUNDS - SOCIAL SERVICES

117. AUTHORIZE THE PLANTING OF A TREE IN MEMORY OF WORKER’S MEMORIAL DAY – BUILDING & GROUNDS

118. AUTHORIZE A TRI-COUNTY INTERMUNICIPAL AGREEMENT RENEWAL WITH STEUBEN AND YATES COUNTIES – HIGHWAY DEPRATMENT

119. AUTHORIZE CHANGE ORDER WITH SILVERLINE CONSTRUCTION, INC. FOR THE COUNTY ROAD 4 OVER SAWMILL CREEK BRIDGE PROJECT – HIGHWAY DEPARTMENT

120. AUTHORIZE MAINTENANCE AGREEMENT WITH EASTERN COPY FOR SEVEN (7) PURCHASED COPIERS IN VARIOUS DEPARTMENTS– PURCHASING DEPARTMENT

121. AUTHORIZE AGREEMENT WITH CHEMUNG CANAL TRUST COMPANY FOR THE VISA BUSINESS CREDIT CARD PROGRAM – PURCHASING

122. RECOGNIZE THE WEEK OF APRIL 15-21, 2012 AS “NATIONAL VOLUNTEER WEEK”

123. RESOLUTION TO RE-ALIGN PETTY CASH ACTIVITIES WITHIN THE COUNTY TO PROPERLY REFLECT CURRENT NEEDS, AND ENHANCE CASH MANAGEMENT THROUGH THE TREASURER’S OFFICE


124. ADOPT POLICY FOR HIRING GUEST SPEAKERS AND TEACHERS, ETC. FOR CLIENT RELATED PROGRAMS

125. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR HUMAN RESOURCES ADMINISTRATOR-BENEFITS MANAGER POSITION

126. AUTHORIZE CONTRACT RENEWAL WITH RICHARD PIERCE FOR INVESTIGATIVE SERVICES – DISTRICT ATTORNEY

127. ACKNOWLEDGE APPOINTMENT TO THE LAMOKA/WANETA LAKES PROTECTION & REHABILITATION DISTRICT

128. AUTHORIZE GRANT APPLICATION FOR NEW YORK STATE SUICIDE PREVENTION INITIATIVE 2012 MHANYS LOCAL MINI-GRANTS – YOUTH BUREAU

129. RESOLUTION CONCERNING THE CHEMUNG WATERSHED RISK MAP PROJECT OF THE FEDERAL EMERGENECY MANAGEMENT AGENCY

130. AUTHORIZE THE CREATION AND FILLING OF A PUBLIC HEALTH SPECIALIST POSITION - PUBLIC HEALTH

131. AUTHORIZE AMENDING RESOLUTION NO. 43-12 TITLED” AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR TWO NEW VEHICLES – SHERIFF’S DEPARTMENT” TO REDUCE THE PRICE OF THE LEASE

REGULAR MEETING MAY 14, 2012

132. APPROVE THE MINUTES OF THE APRIL 9, 2012 REGULAR MEETING

OF THE SCHUYLER COUNTY LEGISLATURE 133. AUTHORIZE GRANT APPLICATION FOR FEDERAL EMERGENCY

MANAGEMENT AGENCY DISASTER MITIGATION GRANT – EMERGENCY MANAGEMENT

134. AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM – EMERGENCY MANAGEMENT & LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF

135. AUTHORIZE AN APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT

136. AUTHORIZE AGREEMENT WITH IMPACT FOR A PROJECT TO REPLACE THE COMPUTER AIDED DISPATCH (CAD) SYSTEM – EMERGENCY MANAGEMENT

137. AUTHORIZE AGREEMENT WITH IMPACT FOR A PROJECT TO PURCHASE ADDITIONAL MODULES OF THE COMPUTER AIDED DISPATCH (CAD) PROGRAM – EMERGENCY MANAGEMENT

138. LOCAL LAW INTRO. NO. 3 OF THE YEAR 2012 AUTHORIZING THE PROBATION DEPARTMENT TO ESTABLISH AND COLLECT A MONTHLY ADMINISTRATIVE SUPERVISION FEE FROM INDIVIDUALS SERVING A PROBATION SUPERVISION TERM -PROBATION DEPARTMENT


139. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012/2013 NEW YORK STATE VIOLENCE AGAINST WOMEN GRANT (VAWA) - DISTRICT ATTORNEY

140. AUTHORIZE CONTRACT BETWEEN THE COUNTY OF SCHUYLER AND THE VILLAGE OF WATKINS GLEN FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY

141. AUTHORIZE AMENDING RESOLUTION NO. 71-12 TITLED “AUTHORIZE ONGOING CONTRACTS WITH THE VILLAGE OF MONTOUR FALLS, THE VILLAGE OF ODESSA, 208 BROADWAY, LLC, AND ARNOT MEDICAL SERVICES FOR BUS SHELTERS”

142. AUTHORIZE ONGOING INTERMUNICIPAL AGREEMENTS WITH ALL TOWNS AND VILLAGES REGARDING THE SCHUYLER COUNTY PLANNING COMMISSION FUNCTION

143. AUTHORIZE GRANT APPLICATION FOR TRIANGLE FUND GRANT FOR A MENTORING PROGRAM – YOUTH BUREAU

144. AUTHORIZE GRANT APPLICATION FOR THE TEEN COURT PROGRAM THROUGH SUBSTANCE ABUSE AND MENTAL HEALTH SERVICE ADMINISTRATION (SAMHSA) – YOUTH BUREAU

145. AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION (CCE) OF SCHUYLER COUNTY FOR SENIOR CAMP SERVICES FOR 2012 – OFFICE FOR THE AGING

146. AUTHORIZE COLLECTION OF FEES FOR REPLACEMENTS OF RABIES CERTIFICATES – PUBLIC HEALTH

147. AUTHORIZE CONTRACT WITH NICOLE MOTHERSHED FOR SPECIAL EDUCATION SERVICES IN THE EARLY INTERVENTION (EI) PROGRAM – PUBLIC HEALTH

148. ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES AND EARLY INTERVENTION CHILDREN 2012-2013 – PUBLIC HEALTH

149. AUTHORIZATION TO SUBMIT A PROPOSAL TO THE DRUG FREE COMMUNITIES MENTORING GRANT – PUBLIC HEALTH

150. AUTHORIZE CONTRACT RENEWAL WITH PRESCHOOL PROVIDERS GROUPS – PUBLIC HEALTH

151. AUTHORIZE CONTRACT RENEWALS WITH INDIVIDUAL PROVIDERS FOR PRESCHOOL SERVICES – PUBLIC HEALTH

152. AUTHORIZE TRANSFER OF FUNDS FROM THE COMMUNITY SERVICES BOARD RESERVE ACCOUNT - COMMUNITY SERVICES

153. AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER COUNTY CHAPTER, NYSARC, INC (dba THE ARC OF SCHUYLER) FOR EARLY INTERVENTION SERVICE COORDINATION SERVICES – PUBLIC HEALTH

154. RESOLUTION DECLARING MAY 14, 2012 TO BE “MAYDAY FOR MANDATE RELIEF” AND URGING THE MANDATE RELIEF COUNCIL TO TAKE SWIFT ACTION IN SUBMITTING A PACKAGE OF MANDATE RELIEF PROPOSALS TO GOVERNOR CUOMO AND THE STATE LEGISLATURE TO BE VOTED ON THIS SESSION


155. AUTHORIZE AMENDING THE LEASE AGREEMENT WITH SOUTHERN TIER HOSPICE - BUILDINGS AND GROUNDS

156. AUTHORIZE INTER-MUNICIPAL AID AGREEMENTS BETWEEN REGION FOUR AND SIX COUNTY HIGHWAY DEPARTMENTS – HIGHWAY

157. AUTHORIZE THE CREATION AND FILLING OF TWO (2) TEMPORARY LABORER POSITIONS – HIGHWAY DEPARTMENT


159. AUTHORIZE CONTRACTS WITH SYSTEMS MANAGEMENT PLANNING, INC. FOR REPLACEMENT SAN AND VMWARE ESX SERVERS AND PROFESSIONAL SERVICES – INFORMATION TECHNOLOGY

160. AUTHORIZE CONTRACT WITH ICON ENTERPRISES, INC. DBA CIVICPLUS FOR WEBSITE DEVELOPMENT AND HOSTING – INFORMATION TECHNOLOGY – AS AMENDED BY RESOLUTION NO. 192-13

161. AUTHORIZE AGREEMENT WITH CHEMUNG CANAL TRUST COMPANY FOR THE VISA BUSINESS CREDIT CARD PROTECTION PROGRAM – TREASURER

162. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR HUMAN RESOURCES CLERK

163. ACKNOWLEDGE APPOINTMENT OF VOTING SYSTEM TECHNICIAN/CUSTODIAN – BOARD OF ELECTIONS

164. ESTABLISH LEAD AGENCY STATUS FOR PUBLIC ENTERTAINMENT (OUTDOOR) – REGULATING/LICENSING

165. TWO-YEAR APPOINTMENT 166. AUTHORIZE ADVERTISING FOR BIDS FOR SENECA HARBOR PARK –

UPGRADES TO EXISTING FACILITIES – BUILDINGS AND GROUNDS 167. AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW

YORK STATE PARKS, RECREATION AND HISTORICAL PRESERVATION FOR THE CATHARINE VALLEY TRAIL– BUILDINGS & GROUNDS

168. ACKNOWLEDGE APPOINTMENT AND SET SALARY OF INTERIM DEPUTY DIRECTOR OF COMMUNITY SERVICES

169. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING THE APPPOINTMENT OF ANNE BUSSARD AS INTERIM DEPUTY DIRECTOR OF COMMUNITY SERVICES – AS AMENDED BY RESOLUTION NO. 315-12

170. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2012 AMENDING LOCAL LAW NO. 2 OF THE YEAR 1997 TITLED “PURSUANT TO SECTION 257-C EXECUTIVE LAW AUTHORIZING SCHUYLER COUNTY PROBATION DEPARTMENT TO COLLECT DWI ADMINISTRATIVE FEES” TO UPDATE THE ASSESSMENT PROCESS


AND COLLECTION OF DWI SUPERVISION FEES - PROBATION DEPARTMENT

171. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2012 AUTHORIZING THE PROBATION DEPARTMENT TO ESTABLISH AND COLLECT A ONETIME FEE FROM INDIVIDUALS SERVING A SUPERVISION TERM FOR THE ADMINISTRATION OF DRUG AND ALCOHOL TESTING AS COMPLETED BY PROBATION-PROBATION DEPARTMENT

SPECIAL MEETING

JUNE 6, 2012

172. RATIFICATION OF SPECIAL MEETING 173. ACKNOWLEDGE APPOINTMENT/SET SALARY FOR SECOND

ASSISTANT DISTRICT ATTORNEY POSITION

REGULAR MEETING JUNE 11, 2012

174. APPROVE THE MINUTES OF THE MAY 14, 2012 REGULAR MEETING

OF THE SCHUYLER COUNTY LEGISLATURE 175. ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK UPGRADES TO

EXISTING FACILITIES – BUILDING AND GROUNDS - AS AMENDED 176. AUTHORIZE SUPPLEMENTAL AGREEMENT WITH LABELLA

ASSOCIATES FOR THE COUNTY ROUTE 4 BRIDGE REPLACEMENT- HIGHWAY

177. AUTHORIZATION FOR SCHUYLER COUNTY TO AWARD BIDS BASED ON “BEST VALUE” – PURCHASING

178. AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN – ADD TITLE AND GRADE FOR INFORMATION TECHNOLOGY DIRECTOR – HUMAN RESOURCES

179. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW

180. RESOLUTION IN SUPPORT OF SENATE BILL NO. S.5629-B AND ASSEMBLY BILL NO. A.6575 AN ACT TO AMEND THE TAX LAW, IN RELATION TO AUTHORIZING CERTAIN COUNTIES, CITIES AND SCHOOL DISTRICTS TO IMPOSE UP TO A FOUR PERCENT RATE OF SALES AND COMPENSATING USE TAXES PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF SUCH LAW AND TO PRESERVE THE AUTHORITY OF CERTAIN COUNTIES AND A CITY TO IMPOSE SUCH TAXES AT RATES IN EXCESS OF FOUR PERCENT; AND TO REPLEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO

181. DECLARE NEGATIVE DECLARATION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) FOR ISSUANCE FOR PUBLIC ENTERTAINMENT PERMIT, WATKINS GLEN INTERNATIONAL, INC. 2012 EVENTS


182. AUTHORIZE GRANT APPLICATION FOR ROUND 2 STATEWIDE INTEROPERABLE COMMUNICATIONS GRANT – EMERGENCY MANAGEMENT

183. RESOLUTION TO PURCHASE LAND FROM CENTRAL ASPHALT/SUIT-KOTE CORPORATION FOR USE OF A RADIO TOWER PLACEMENT

184. APPROVE ALTERNATIVES TO INCARCERATION (ATI) SERVICE PLAN FOR 2012-2013-PROBATION DEPARTMENT BUDGET- PROBATION

185. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2012 PREVENTING THE SPREAD OF AQUATIC INVASIVE SPECIES IN SCHUYLER COUNTY – SHERIFF’S OFFICE

186. AUTHORIZE A MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY CORRECTION OFFICER’S BENEVOLENT ASSOCIATION – SHERIFF’S OFFICE

187. DEDICATION OF THE HON. WILLIAM N. ELLISON SCHUYLER COUNTY COURTHOUSE

188. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2012 AUTHORIZING THE PROBATION DEPARTMENT TO ESTABLISH AND COLLECT A MONTHLY ADMINISTRATIVE SUPERVISION FEE FROM INDIVIDUALS SERVING A PROBATION SUPERVISION TERM

189. MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR 190. RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH

THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C CHAPTER 53, TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION

191. REQUESTING THAT THE STATE OF NEW YORK STATE DEPARTMENT OF TRANSPORTATION (DOT) COMPLETE THE STATE ROUTE 409 CONSTRUCTION PROJECT

SPECIAL MEETING JUNE 25, 2013

192. RATIFICATION OF SPECIAL MEETING 193. AUTHORIZE DECREASING THE HOURS OF THE SECOND ASSISTANT

DISTRICT ATTORNEY POSITION FROM FULL-TIME TO LESS THAN FULL-TIME, 25 HOURS PER WEEK – DISTRICT ATTORNEY

REGULAR MEETING JULY 9, 2012

194. APPROVE MINUTES OF THE JUNE 6, 2012 SPECIAL MEETING, JUNE

11, 2012 REGULAR MEETING AND THE JUNE 25, 2012 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE


195. AUTHORIZE CREATION OF THE SOUTHERN TIER INTEROPERABLE COMMUNICATIONS CONSOURTIUM – EMERGENCY MANAGEMENT

196. AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE OFFICE OF VICTIM SERVICES GRANT FUNDS - DISTRICT ATTORNEY’S OFFICE

197. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012/2013 NYS AID TO PROSECUTION GRANT - DISTRICT ATTORNEY

198. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR ASSIGNED COUNSEL - PUBLIC DEFENDER

199. ACCEPT PROPOSAL FROM MXI ENVIRONMENTAL SERVICES FOR THE SEPTEMBER 29, 2012 HOUSEHOLD HAZARDOUS WASTE DAY

200. ACCEPT THE PROPOSAL FROM RCR&R FOR THE SEPTEMBER 29, 2012 USED ELECTRONICS RECYCLING DAY

201. DECLARE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 AND #3 DUE TO THE ANNUAL AGRICULTURE DISTRICT ENROLLMENT AND SET PUBLIC HEARING DATE

202. AUTHORIZE 2012-2013 CONTRACT RENEWAL WITH THE ARC OF SCHUYLER COUNTY FOR PUBLIC TRANSIT – AS AMENDED

203. AUTHORIZE TWO-YEAR APPOINTMENT TO THE ENVIRONMENTAL MANAGEMENT COUNCIL

204. AUTHORIZE CONTRACT WITH SCHUYLER COUNTY PUBLIC HEALTH FOR FACILITATOR REIMBURSEMENT FROM THE NEW YORK STATE SUICIDE PREVENTION INITIATIVE 2012 MENTAL HEALTH ASSOCIATION (MHANYS) LOCAL MINI-GRANTS – YOUTH BUREAU

205. AUTHORIZING ARBOR DEVELOPMENT TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ON BEHALF OF SCHUYLER COUNTY

206. APPOINTMENT TO THE COMMUNITY SERVICES BOARD – COMMUNITY SERVICES

207. APPOINTMENT TO THE OFFICE OF PEOPLE WITH DEVELOPMENTAL DISABILITIES SUBCOMMITTEE – COMMUNITY SERVICES

208. APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE – COMMUNITY SERVICES

209. ACCEPT AND ESTABLISH THE BIOTERRORISM/ PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT – PUBLIC HEALTH

210. AUTHORIZE LEASE WITH GENESEE REGIONAL HOME CARE dba LIFETIME CARE – PUBLIC HEALTH

211. AUTHORIZE ON-GOING CONTRACT WITH LIFETIME CARE A D/B/A OF GENESSE REGIONAL HOME CARE ASSOCIATION, INC. (GRHCA) FOR PHONE SERVICE – BUILDINGS AND GROUNDS

212. AUTHORIZE TWO-YEAR TERM AGREEMENTS WITH HUNT ENGINEERS AND FISHER ASSOCIATES – HIGHWAY


213. AUTHORIZE ADVERTISEMENT FOR BIDS FOR STRUCTUAL MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY

214. RESOLUTION TO APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES – TOWN OF HECTOR

215. DELEGATING TO THE SCHUYLER COUNTY LEGISLATURE, WITH THE PARTICIPATION OF THE COUNTY TREASURER AND THE COUNTY ADMINSTRATOR, THE AUTHORIZATION TO ASSIGN AMOUNTS TO SPECIFIC PURPOSES IN THE ASSIGNED FUND BALANCE… AND IN COMPLYING WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) STATEMENT NO. 54 ENTITLED ‘FUND BALANCE REPORTING AND GOVERNMENTAL FUND TYPE DEFINITIONS

216. STANDARD WORK DAY AND REPORTING RESOLUTION FOR THE YEAR 2012

217. ACKNOWLEDGE APPOINTMENTS OF ELECTION INSPECTORS – BOARD OF ELECTIONS

218. ISSUE PUBLIC ENTERTAINMENT PERMITS TO WATKINS GLEN INTERNATIONAL, INC. FOR THEIR 2012 EVENTS

219. AUTHORIZE CONTRACT WITH THE VILLAGE OF MONTOUR FALLS FOR COURT SECURITY SERVICES– SHERIFF’S OFFICE

220. AUTHORIZE AMENDING THE 2012 CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR ADDITIONAL ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE

221. AUTHORIZE AMENDING RESOLUTION NO. 175-12 TITLED “ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES – BUILDING AND GROUNDS”

222. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2012 PREVENTING THE SPREAD OF AQUATIC INVASIVE SPECIES IN SCHUYLER COUNTY – SHERIFF’S OFFICE

223. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2012 PROVIDING FOR THE ESTABLISHMENT OF LEGISLATIVE DISTRICTS WITHIN THE COUNTY OF SCHUYLER, STATE OF NEW YORK, COMPOSITION OF MEMBERS OF THE COUNTY LEGISLATURE, CONTINUING TERMS OF OFFICE - FAILED

224. MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR 225. RESOLUTION SUPPORTING THE 2012 CONSOLIDATED FUNDING

APPLICATION

SPECIAL MEETING JULY 13, 2013

226. RATIFICATION OF SPECIAL MEETING 223A. MOTION TO TABLE RESOLUTION NO. 223 - FAILED 223. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2012 PROVIDING FOR THE

ESTABLISHMENT OF LEGISLATIVE DISTRICTS WITHIN THE


COUNTY OF SCHUYLER, STATE OF NEW YORK, COMPOSITION OF MEMBERS OF THE COUNTY LEGISLATURE, CONTINUING TERMS OF OFFICE

REGULAR MEETING

AUGUST 13, 2012

227. APPROVE MINUTES OF THE JULY 9, 2012 REGULAR MEETING AND THE JULY 13, 2012 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

228. AUTHORIZE STOP DWI PLAN FOR 2013 – SHERIFF’S OFFICE 229. RESOLUTION IN SUPPORT OF HIRING A CONSULTANT FOR THE

COMPLETION OF A COUNTY-WIDE COMPREHENSIVE PLAN THAT ALL MUNICIPALITIES CAN UTILIZE– AS AMENDED BY RES. NO. 368

230. AUTHORIZE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE OF THE STATE MASS TRANSPORTATION CAPITAL PROGRAM AID OF A TRANSPORTATION FEDERAL-AID PROJECT, TO FULLY FUND THE LOCAL SHARE OF FEDERAL AID ELEGIBLE AND INELIGIBLE PROJECT COSTS, AND APPROPRIATAE FUNDS THEREFORE

231. AUTHORIZE APPLICATION TO THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR A SCHUYLER COUNTY MASS TRANSPORTATION CAPITAL PROJECT AGREEMENT

232. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR THE SYSTEMS INTEGRATION INITIATIVE GRANT –OFFICE FOR THE AGING

233. AUTHORIZE 2012 CONTRACT AMENDMENT WITH IVANS – PUBLIC HEALTH

234. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR MILEAGE – VETERANS SERVICE AGENCY

235. AUTHORIZE ADVERTISING TO RECEIVE BIDS FOR HVAC REPAIR & MAINTENANCE CONTRACTS - BUILDINGS AND GROUNDS

236. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2012 ABOLISHING THE ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF COUNTY COMPTROLLER FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION – RESCINDED BY RESOLUTION NO. 290-12

237. ASSIGN DUTIES OF HUMAN RESOURCE DIRECTOR POSITION TO PERSONNEL OFFICER POSITION/AUTHORIZE AMENDING THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND SET SALARY ACCORDINGLY

238. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT REGARDING SICK BANK


239. AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO MODIFY THE TITLE OF DIRECTOR OF COMMUNITY SERVICES/PUBLIC HEALTH DIRECTOR

240. AUTHORIZE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF PUBLIC HEALTH POSITION – HUMAN RESOURCES

241. AUTHORIZE RENEWAL OF THE INTER-MUNICIPAL AGREEMENT (IMA) WITH THE VILLAGE OF WATKINS GLEN, THE TOWN OF DIX, THE TOWN OF HECTOR AND WATKINS GLEN CENTRAL SCHOOL (WGCS) FOR SHARED MANAGEMENT AND STORAGE IN THE SHARED RECORDS MANAGEMENT FACILITY – RECORDS MANAGEMENT

242. AUTHORIZE A ONE TIME TRANSFER OF FUNDS FROM NUMEROUS RESERVE ACCOUNTS INTO THE GENERAL FUND

243. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2012 PROVIDING FOR THE ESTABLISHMENT OF LEGISLATIVE DISTRICTS WITHIN THE COUNTY OF SCHUYLER, STATE OF NEW YORK, COMPOSITION OF MEMBERS OF THE COUNTY LEGISLATURE, CONTINUING TERMS OF OFFICE

244. MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR 245. RESOLUTION OPPOSING THE PROPOSED 45 PERCENT THRUWAY

TOLL INCREASE ON COMMERCIAL VEHICLES

REGULAR MEETING SEPTEMBER 10, 2012

246. APPROVE MINUTES OF THE AUGUST 13, 2012 REGULAR MEETING

OF THE SCHUYLER COUNTY LEGISLATURE 247. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012-2013 BYRNE

JAG RECOVERY ACT GRANT – SHERIFF’S OFFICE 248. AUTHORIZE TWO YEAR APPOINTMENT TO THE SCHUYLER

COUNTY PLANNING COMMISSION 249. ACCEPTANCE OF 2012 AGRICULTURAL DISTRICT ANNUAL

ENROLLMENT REQUESTS 250. AUTHORIZE AMENDING THE MEMBERSHIP REQUIREMENTS FOR

THE AGRICULTURE AND FARMLAND PROTECTION BOARD (AFPB) 251. RESOLUTION IN OPPOSITION OF THE CLEAN WATER ACT DRAFT

GUIDANCE PROPOSED BY THE ENVIRONMENTAL PROTECTION AGENCY

252. AUTHORIZE 2012-2013 SNOWMOBILE GRANT APPLICATION – SOIL & WATER CONSERVATION

253. AUTHORIZATION TO CREATE AND FILL A TEMPORARY FOOD SERVICE HELPER POSITON – OFFICE FOR THE AGING

254. AUTHORIZE CONTRACT AMENDMENT WITH PATHWAYS – PUBLIC HEALTH

255. LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2012 AMENDING LOCAL LAW NO. 3 OF THE YEAR 1994 TITLED


“WATERSHED PROTECTION LAW” TO 1) ELIMINATE ARTICLE 4 (NUISANCES); 2) UPDATE APPENDIX 75-A; 3) ADD MANDATORY REAL PROPERTY TRANSFER EVALUATIONS FOR BOTH WATER AND WASTEWATER SYSTEMS ARTICLE 4 (REAL PROPERTY TRANSFERS); AND 4) ADD REQUIRMENTS FOR LAND APPLICATION OF SEPTAGE BIOSOLIDS ARTICLE 5 - PUBLIC HEALTH DEPARTMENT

256. AUTHORIZE CONTRACT WITH CHEMUNG COUNTY WIC PROGRAM – PUBLIC HEALTH

257. AUTHORIZE AN APPLICATION WITH THE NATIONAL ASSOCIATIONS OF CITY AND COUNTY HEALTH OFFICALS (NACCHO) FOR MEDICAL RESERVE CORP (MRC) CAPACITY BUILDING AWARD - PUBLIC HEALTH

258. RECOGNIZE OCTOBER 21-27, 2012 AS LEAD POISONING PREVENTION WEEK – PUBLIC HEALTH

259. AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY SERVICES

260. AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES/AUTHORIZE AMENDING THE 2012 BUDGET FOR NON-RESIDENTIAL DOMESTIC VIOLENCE SERVICES – SOCIAL SERVICES

261. SCHUYLER COUNTY LEGISLATURE SUPPORTS FULL CASINO GAMING AT THE NINE EXISTING RACINOS IN NEW YORK STATE

262. AUTHORIZE CREATING ADDITIONAL PARKING SPACES AND REPAIRING THE EXISTING PARKING LOT AT MILL CREEK CENTER– BUILDINGS & GROUNDS

263. AUTHORIZE SUPPLEMENTAL AGREEMENT #1 WITH HUNT ENGINEERS FOR THE COUNTY ROUTE 4 BRIDGE REPLACEMENT- HIGHWAY DEPARTMENT

264. ACCEPT/REJECT BID FOR STRUCTURE MAINTENANCE AND REPAIRS ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT

265. AUTHORIZE AMENDING THE 2012 CONTRACT WITH KVS INFORMATION SYSTEMS, INC. (KVS) - TREASURER’S OFFICE


267. AUTHORIZE CONTRACT FOR PROFESSIONAL SERVICES WITH SAMUEL D. CASTELLINO, ESQ. FOR ADDITIONAL ATTORNEY SERVICES DURING 2012 – COUNTY ATTORNEY’S OFFICE

268. AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWN OF DIX, THE TOWN OF READING, THE VILLAGE OF WATKINS GLEN, AND THE WATKINS GLEN CENTRAL SCHOOL DISTRICT

269. AUTHORIZE AMENDING THE MANAGEMENT/CONFIDENTIAL SALARY PLAN FOR THE DIRECTOR OF COMMUNITY SERVICES POSITION

270. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF COMMUNITY SERVICES POSITION


271. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. __ OF THE YEAR 2012 ABOLISHING THE ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF COUNTY COMPTROLLER FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION – RESCINDED BY RESOLUTION NO. 290-12

SPECIAL MEETING SEPTEMBER 14, 2012

272. RATIFICATION OF SPECIAL MEETING 273. AUTHORIZE STIPULATION AGREEMENT WITH THE SCHUYLER

COUNTY HIGHWAY SUPERINTENDENT

REGULAR MEETING OCTOBER 9, 2012

274. APPROVE MINUTES OF THE SEPTEMBER 10, 2012 REGULAR

MEETINGAND THE SEPTEMBER 14, 2012 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

275. AUTHORIZE GRANT APPLICATION AND CONTRACT FOR A FY2012 HAZMAT GRANT PROGRAM – EMERGENCY MANAGEMENT

276. ACCEPT AND ESTABLISH THE NYS OFFICE OF INDIGENT LEGAL SERVICES GRANT, C000243 – PUBLIC DEFENDER

277. AUTHORIZE APPOINTMENTS TO THE AGRICULTURE AND FARMLAND PROTECTION BOARD

278. AUTHORIZE GRANT APPLICATION FOR ROYCE HAIGHT BOOTH YOUTH FUND GRANT – YOUTH BUREAU

279. AUTHORIZE CONTRACT WITH SNELL FARM CHILDREN’S CENTER FOR CUSTOMIZED SERVICES – COMMUNITY SERVICES

280. AUTHORIZE CONTRACT WITH FLACRA (FINGER LAKES ADDICTIONS COUNSELING AND REFERRAL AGENCY) – COMMUNITY SERVICES

281. AUTHORIZE COMBINING THE YOUTH BUREAU AND FAMLIES FIRST LEASE AGREEMENT AND AUTHORIZE CONTRACT RENEWALS WITH NUMEROUS ENTITIES AT THE HUMAN SERVICES COMPLEX - BUILDINGS AND GROUNDS

282. AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER COUNTY COMMUNITY SERVICES - BUILDINGS AND GROUNDS

283. ACCEPT/REJECT HVAC REPAIR/MAINTENANCE BIDS FOR COUNTY HVAC UNITS – BUILDINGS AND GROUNDS

284. AUTHORIZE AMENDING LEASE AGREEMENT WITH SOUTHERN TIER HOSPICE TO REFLECT THEIR NEW NAME “CAREFIRST” AND RENEW LEASE FOR 2013 WITH NO CHANGE IN COST - BUILDINGS AND GROUNDS


285. AUTHORIZE PAYMENT OF SERVICES FOR EMERGENCY REPLACEMENT OF GAS LINES IN THE JAIL – BUILDINGS AND GROUNDS

286. AUTHORIZE CONTRACT WITH TRUGREEN- BUILDING & GROUNDS 287. AUTHORIZE TRANSFER OF FUNDS FROM COUNTY ROAD SNOW

REMOVAL TO COUNTY ROAD MAINTENANCE OF ROADS ACCOUNT FOR PROJECTS – HIGHWAY DEPARTMENT

288. RESOLUTION TO ESTABLISH COST OF LIVING ADJUSTMENT (COLA) FOR 2013

289. AUTHORIZE TRANSFER OF FUNDS FOR FLEXIBLE SPENDING ADMINISTRATION/COMPLIANCE – HUMAN RESOURCES

290. RESCIND LOCAL LAW INTRO. NO. 6 OF THE YEAR 2012 TITLED “ABOLISHING THE ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF COUNTY COMPTROLLER FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION

291. AUTHORIZE INCREASING THE HOURS OF THE DEPUTY DIRECTOR OF COMMUNITY SERVICES POSITION TO FULL-TIME – COMMUNITY SERVICES

292. AUTHORIZE CREATION OF ELECTION INSPECTORS, DEMOCRATIC AND REPUBLICAN PARTY INSPECTORS, ELECTION VOTING SYSTEM TECHNICIANS/CUSTODIANS, CHIEF ELECTION TECHNICIAN/CUSTODIAN, AND ALTERNATE ELECTION VOTING SYSTEM TECHNICIAN/CUSTODIAN POSITIONS – BOARD OF ELECTIONS

293. LOCAL LAW INTRO. NO. 8 OF THE YEAR 2012 OVERRIDING THE TAX LEVY LIMIT FOR FISCAL YEAR 2013

294. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2013 295A. MOTION TO TABLE RESOLUTION NO. 295 295. LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2012

AMENDING LOCAL LAW NO. 3 OF THE YEAR 1994 TITLED “WATERSHED PROTECTION LAW” TO 1) ELIMINATE ARTICLE 4 (NUISANCES); 2) UPDATE APPENDIX 75-A; 3) ADD MANDATORY REAL PROPERTY TRANSFER EVALUATIONS FOR BOTH WATER AND WASTEWATER SYSTEMS ARTICLE 4 (REAL PROPERTY TRANSFERS); AND 4) ADD REQUIRMENTS FOR LAND APPLICATION OF SEPTAGE BIOSOLIDS ARTICLE 5 - PUBLIC HEALTH DEPARTMENT - TABLED

SPECIAL MEETING OCTOBER18, 2012

296. RATIFICATION OF SPECIAL MEETING 297. AUTHORIZE CONTRACTS WITH THE LAW OFFICES OF NANCY ROSE

STORMER, P.C. AND WHITEMAN, OSTERMAN & HANNA LLP, FOR THE PURPOSE OF INITIATING A LAW SUIT AGAINST THE STATE OF


NEW YORK BY SCHUYLER COUNTY FOR PURPOSE OF RECOVERING MEDICAID OVERBURDEN REIMBURSEMENT PAYMENTS OWED TO SCHUYLER COUNTY – COUNTY ATTORNEY’S OFFICE

SPECIAL MEETING NOVEMBER 7, 2012

298. RATIFICATION OF SPECIAL MEETING 299. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY

LAW SECTION 358 – PLANNING 300. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY

LAW SECTION 358 – HOSPITAL & MEDICAL INSURANCE 301. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY

LAW SECTION 358 – COOPERATIVE EXTENSION 302. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY

LAW SECTION 358 – HIGHWAY 303. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY

LAW SECTION 358 – COMMUNITY ACTION PROGRAM 304. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY

LAW SECTION 358 – ECONOMIC DEVELOPMENT 305. A RESOLUTION AMENDING RESOLUTION NO. 140 OF 1967,

ENTITLED “SCHUYLER COUNTY SALES TAX,” REGARDING SALES AND COMPENSATING USE TAX NET COLLECTIONS RETAINED FOR COUNTY PURPOSES AND ALLOCATED TO TOWNS

306. AUTHORIZE ON-GOING UNDERGROUND WIRE LICENSE AGREEMENT WITH FINGER LAKES RAILWAY CORPORATION FOR SENECA HARBOR PARK – BUILDING AND GROUNDS

REGULAR MEETING NOVEMBER 13, 2012

307. APPROVE MINUTES OF THE OCTOBER 9, 2012 REGULAR MEETING

AND THE OCTOBER 18, 2012 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

308. AUTHORIZE A 2013 CONTRACT WITH THE HUMANE SOCIETY OF SCHUYLER COUNTY (HSSC) FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S OFFICE

309. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR ASSIGNED COUNSEL AND PROFESSIONAL FEES/SERVICES - PUBLIC DEFENDER

310. AUTHORIZE CONTRACT WITH LISA BAKER OF TIOGA COUNTY PROBATION FOR ASSISTANCE WITH IMPLEMENTING THE FINANCIAL COLLECTION AND DISPERSMENT ASPECTS OF SCHUYLER COUNTY PROBATIONS CASELOAD EXPLORER PROGRAM - PROBATION DEPARTMENT


311. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR WITNESS FEES/TRIAL EXPENSES AND COURT REPORTERS – DISTRICT ATTORNEY

312. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR THE NY CONNECTS PROGRAM YEAR SEVEN – OFFICE FOR THE AGING

313. APPROVAL OF THE 2013-2014 ANNUAL IMPLEMENTATION PLAN- OFFICE FOR THE AGING

314. AUTHORIZE APPOINTMENT TO THE ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE - COMMUNITY SERVICES

315. AUTHORIZE AMENDING RESOLUTION NO. 169-12 TITLED “AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING THE APPOINTMENT OF ANNE BUSSARD AS INTERIM DEPUTY DIRECTOR OF COMMUNITY SERVICES” TO EXTEND THE TERM OF THE AGREEMENT – COMMUNITY SERVICES

316. ESTABLISH 2012 - 2013 ANNUAL LEAD GRANT - PUBLIC HEALTH 317. RESOLUTION TO APPROVE CONTRACT WITH LIFETIME CARE FOR

THE PROVISION OF CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM (CDPAP) – SOCIAL SERVICES

318. AUTHORIZE CONTRACT WITH ALL-MODE COMMUNICATIONS TO UPGRADE THE CURRENT TELEPHONE SYSTEM – BUILDINGS AND GROUNDS

319. AUTHORIZE TRANSFER OF FUNDS FROM HUMAN RESOURCES TO CIVIL SERVICE TO COVER ADDITIONAL SALARY FOR THE PERSONNEL OFFICER – HUMAN RESOURCES

320. AUTHORIZE NAME CHANGE AND APPOINTMENT TO THE CYBER SECURITY TASK GROUP (CSTG) – PERSONNEL


322. AUTHORIZE CHARGE BACKS TO EACH SCHUYLER COUNTY TOWN FOR COMMUNITY COLLEGE EXPENSES FOR THE YEAR 2013

323. AUTHORIZE AMENDING THE CONTRACT WITH THE OFFICE OF HOMELAND SECURITY- PUBLIC HEALTH

324. ACCEPT AND ESTABLISH THE EARLY INTERVENTION ADMINISTRATION GRANT- PUBLIC HEALTH

325. AUTHORIZE 2012-2013 CONTRACT WITH GLOVE HOUSE, INC. FOR PREVENTIVE SERVICES – SOCIAL SERVICES

326. LOCAL LAW INTRO. NO. 8/LOCAL LAW NO. 7 OF THE YEAR 2012 OVERRIDING THE TAX LEVY LIMIT FOR FISCAL YEAR 2013

327. AGREEMENT WITH NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA) TO ASSIST WITH EMPOWER NY PROGRAM – OFFICE FOR THE AGING

328. RECOGNIZE THE WEEK OF DECEMBER 3-7, 2012 AS EMPLOYEE LEARNING WEEK

329. MOTION TO BRING THREE (3) RESOLUTIONS TO THE FLOOR


330. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – TREASURER

331. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – HIGHWAY

332. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – RSVP

REGULAR MEETING DECEMBER 10, 2012

333. APPROVE MINUTES OF THE NOVEMBER 7, 2012 SPECIAL MEETING

AND THE NOVEMBER 13, 2012 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

334. AUTHORIZE CONTRACT WITH MID-STATE COMMUNICATIONS ELECTRONICS, INC. FOR MAINTENANCE/SERVICE AGREEMENTS OF THE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT/SHERIFF’S OFFICE

335. RESOLUTION CALLING FOR THE GOVERNOR AND STATE LEGISLATURE TO COMPENSATE COUNTIES FOR STATE MANDATED DISTRICT ATTORNEY’S SALARIES

336. AUTHORIZE APPLICATION FOR 2013-2018 SECTION 5311 ANNUAL OPERATING ASSISTANCE

337. AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES TO PROVIDE RSVP SERVICES TO SCHUYLER COUNTY FOR THE YEAR 2013

338. AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES TO PROVIDE THE RUNAWAY AND HOMELESS PROGRAM - YOUTH BUREAU

339. AUTHORIZE AMENDING THE 2012 BUDGET FOR THE EARLY INTERVENTION PROGRAM – PUBLIC HEALTH

340. AUTHORIZE TRANSFER OF FUNDS TO REPLENISH THE COMMUNITY SERVICES BOARD RESERVE ACCOUNT – COMMUNITY SERVICES

341. AUTHORIZE CONTRACT RENEWAL WITH THE TEN ELEVEN GROUP – COMMUNITY SERVICES

342. AUTHORIZE A MEMORANDUM OF UNDERSTANDING WITH THE PROBATION DEPARTMENT FOR YOUTH SUPERVISION SERVICES – SOCIAL SERVICES

343. AUTHORIZE RENEWAL OF THE INTER MUNICIPAL AGREEMENT WITH CHEMUNG COUNTY TO SHARE THE SCHUYLER COUNTY DIRECTOR OF WEIGHTS & MEASURERS A POSITION FOR 2013-2015

344. SET SALARY FOR WEIGHTS & MEASURERS DIRECTOR A POSITION FOR 2013

345. AUTHORIZE 2013 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS

346. AUTHORIZE APPLICATION AND ACCEPTANCE OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) BEYOND PRESERVATION GRANT – HIGHWAY DEPARTMENT


347. SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT

348. AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2013, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE

349. AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY, 2013, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE

350. RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2013 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE

351. SET DATE - 2012 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE

352. SET DATE - 2013 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

353. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW

354. RESOLUTION STATING THAT CERTAIN ELECTED OFFICIALS ON THE PAYROLL SHALL FORGO THEIR 2013 PAY RAISE

355. AUTHORIZE MEMORANDUM OF UNDERSTANDING RENEWAL WITH CORNELL COOPERATIVE EXTENSION/RSVP FOR MEDICAL AND MISCELLANEOUS TRANSPORTATION FOR VARIOUS DEPARTMENTS

356. AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO CREATE/FILL THE POSITION OF PLANNING DIRECTOR

357. AUTHORIZE APPOINTMENT – PLANNING DIRECTOR 358. AUTHORIZE CONTRACT WITH SOUTHERN TIER COUNSELING

CENTER, LLC FOR THE EMPLOYEE ASSISTANCE PROGRAM (EAP) – HUMAN RESOURCES

359. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DEPUTY DIRECTOR OF COMMUNITY SERVICES

360. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – DOG CONTROL/SHERIFF

361. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –NAVIGATION/SHERIFF

362. ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358

363. ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2013 364. APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN

COLUMN ENTITLED "2013” 365. 2013 BUDGET OF $45,233,302: LEGISLATURE TO DETERMINE TOWN

CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN –AS AMENDED BY RESOLUTION NUMBER 171-13


YEAR END MEETING DECEMBER 27, 2012

366. AUTHORIZE 2013 CONTRACT RENEWAL WITH PAUL CORRADINI,

ESQ. – PUBLIC DEFENDER’S OFFICE 367. AUTHORIZE APPLICATION AND CONTRACT WITH NEW YORK

STATE TO RECEIVE STATE GRANT FUNDING FOR MONITORING IGNITION INTERLOCK DEVICES – PROBATION

368. AUTHORIZE AMENDING RESOLUTION NO. 229-12 TITLED “RESOLUTION IN SUPPORT OF HIRING A CONSULTANT THROUGH CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY, THROUGH AN AGREEMENT, FOR THE COMPLETION OF A COUNTY-WIDE COMPREHENSIVE PLAN THAT ALL MUNICIPALITIES CAN UTILIZE”

369. AUTHORIZE CONTRACT WITH LEXIS NEXIS FOR VOLUNTEER BACKGROUND CHECKS – OFFICE FOR THE AGING

370. AUTHORIZE GRANT ACCEPTANCE AND AUTHORIZE A CONTRACT WITH PROACTION OF STEUBEN AND YATES, INC FOR CHILD CARE REGISTRATIONS AND INSPECTION PROGRAMS - SOCIAL SERVICES

371. AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH TOWN OF CAYUTA TO PROVIDE ASSESSMENT SERVICES – REAL PROPERTY TAX

372. AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS 373. UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2012-2013 374. DEDICATION OF 2012 PROCEEDINGS 375. AUTHORIZE AMENDING RESOLUTION NO. 353-12 TITLED

“AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW”

376. AUTHORIZE AMENDING RESOLUTION NO. 308-12 TITLED “AUTHORIZE A 2013 CONTRACT WITH THE HUMANE SOCIETY OF SCHUYLER COUNTY (HSSC) FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S OFFICE”

377. COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2012 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWNS OF ORANGE AND TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK

378. DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2013

379. MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR 380. A RESOLUTION DELEGATING TO THE COUNTY TREASURER OF THE

COUNTY OF SCHUYLER, NEW YORK, THE POWER TO AUTHORIZE, FROM TIME TO TIME DURING FISCAL YEAR 2013, THE ISSUANCE AND SALE OF NOT EXCEEDING $2,500,000.00 OF TAX ANTICIPATION NOTES OF SAID COUNTY IN ANTICIPATION OF THE COLLECTION OF


REAL ESTATE TAXES LEVIED, OR TO BE LEVIED, IN FISCAL YEAR 2013

PROCEEDINGS OF THE YEAR 2012 1 ORGANIZATIONAL MEETING

JANUARY 4, 2012 The January 4, 2012 Organizational Meeting of the Schuyler County Legislature was called to order at

9:15 a.m. by Stacy B. Husted, Clerk, acting as Temporary Chairman. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence in memory of Robert Burnside a past legislator who passed away Monday, January 2, 2012. All Legislators were present. County Administrator O’Hearn and Acting County Attorney, Kristin Hazlitt, were also present. The Oath of Office was administered by Linda Compton, County Clerk, to Legislators Elect, Dennis A. Fagan and Stewart F. Field, Jr. along with our Treasurer Elect, Gary Whyman. PUBLIC PARTICIPATION: None. The Acting Chair opened the floor for nominations for Chairman of the Legislature for the year 2012. MOTION by Legislator Larison to nominate Legislator Dennis A. Fagan as Chairman, SECOND by Legislator Yuhasz. The Acting Chair asked for other nominations and there were none. RESOLUTION NO. 1 Motion by Larison, Second by Yuhasz. RE: CLOSE NOMINATIONS - 2012 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the nominations for the 2012 Chairperson of the Schuyler County Legislature be closed. Vote 8-0. RESOLUTION NO. 2 Motion by Larison, Second by Halpin. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2012

BE IT RESOLVED, that Dennis A. Fagan be Chairperson of the Schuyler County Legislature for the year 2012. Vote 8-0. RESOLUTION NO. 3 Motion by Gifford, Second by Field. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2012

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 2012, as follows:

Chairman Dennis A. Fagan #1 Vice-Chairman Doris L. Karius #2 Vice-Chairman Thomas M. Gifford #3 Vice-Chairman Glenn R. Larison #4 Vice-Chairman Michael A. Yuhasz #5 Vice-Chairman Stewart F. Field, Jr. #6 Vice-Chairman Barbra J. Halpin #7 Vice-Chairman Philip C. Barnes

Vote 8-0. RESOLUTION NO. 4 Motion by Gifford, Second by Field. RE: APPOINTMENT - CLERK TO THE LEGISLATURE – 2012-2015

BE IT RESOLVED, that Stacy B. Husted be appointed Clerk of the Legislature for a four-year term commencing January 1, 2012 through December 31, 2015. Vote 8-0. RESOLUTION NO. 5 Motion by Gifford, Second by Field. RE: APPOINTMENT - DEPUTY CLERK TO THE LEGISLATURE

BE IT RESOLVED, that this Legislature acknowledges the appointment by the Clerk of the Legislature, Stacy B. Husted, of Jamee L. Mack as Deputy Clerk of the Legislature, effective January 1, 2012. Vote 8-0. RESOLUTION NO. 6 Motion by Larison, Second by Halpin. RE: APPOINTMENT - COUNTY AUDITOR - 2012-2015

BE IT RESOLVED, that Stacy B. Husted be appointed County Auditor for a four-year term commencing January 1, 2012 through December 31, 2015, with a salary of $5,000 annually.

SCHUYLER COUNTY LEGISLATURE 2 Vote 8-0. RESOLUTION NO. 7 Motion by Larison, Second by Halpin. 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 8-0. RESOLUTION NO. 8 Motion by Larison, Second by Halpin. RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS – AS AMENDED

BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts:

CHEMUNG CANAL TRUST COMPANY Montour Falls or Watkins Glen Office 303 W. Main Street Montour Falls, NY 14865 $8,000,000.00 TOMPKINS COUNTY TRUST COMPANY Main Street Odessa, NY 14869 $8,000,000.00

CHASE 971 County Route 64, Suite 200 Elmira, NY 14903 $8,000,000.00

COMMUNITY BANK, N.A. Watkins Glen Office 401 N. Franklin Street $8,000,000.00 Vote 8-0. RESOLUTION NO. 9 Motion by Karius, Second by Yuhasz. RE: CONFORM TO "RULES OF PROCEDURE"

BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, as amended on October 12, 1999, and as amended by May 10, 2004, as amended on June 12, 2006, and as amended on January 1, 2007, be conformed to. Vote 8-0. RESOLUTION NO. 10 Motion by Karius, Second by Yuhasz. RE: APPOINTMENT - CHIEF CORONER FOR 2012

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 2012, at an additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter. Vote 8-0. RESOLUTION NO. 11 Motion by Karius, Second by Yuhasz. RE: APPOINTMENT – COUNTY HISTORIAN FOR 2012

BE IT RESOLVED, that Marian M. Boyce be appointed as County Historian for the year 2012, with a salary of $3,300. Vote 8-0. RESOLTUION NO. 12 Motion by Larison, Second by Halpin. RE: APPOINTMENT - PUBLIC DEFENDER – 2012-2015 BE IT RESOLVED that this Legislature hereby appoint Attorney Wesley A. Roe as Schuyler County Public Defender for a four year term commencing January 1, 2012 through December 31, 2015. Vote 8-0. RESOLUTION NO. 13 Motion by Larison, Second by Halpin. RE: ACKNOWLEDGE APPOINTMENT OF ASSISTANT PUBLIC DEFENDER BE IT RESOLVED, that this Legislature acknowledges the appointment by Public Defender Wesley A. Roe of Matthew P. Hughson, Esq., as Assistant Public Defender, effective January 1, 2012. Vote 8-0.

PROCEEDINGS OF THE YEAR 2012 3 RESOLUTION NO. 14 Motion by Larison, Second by Halpin. RE: APPOINTMENT - DEPUTY COUNTY TREASURER

BE IT RESOLVED, that this Legislature acknowledges the appointment by the County Treasurer, Gary J. Whyman, of Lisa Buckley, as Deputy County Treasurer, effective January 1, 2012. Vote 8-0. RESOLUTION NO. 15 Motion by Larison, Second by Field. RE: ADOPT SCHEDULE OF SALARIES FOR 2012

BE IT RESOLVED, that the Schedule of Salaries for 2012, as attached hereto, be adopted, effective January 1, 2012, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2012 Salary Schedule. Vote 8-0. RESOLUTION NO. 16 Motion by Larison, Second by Field. RE: ADOPT PURCHASING POLICIES & PROCEDURES

BE IT RESOLVED, that the Purchasing Policies & Procedures for 2012, as attached hereto, be adopted, effective January 1, 2012. Vote 8-0. RESOLUTION NO. 17 Motion by Larison, Second by Field. RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE

CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $2,500 FOR THE YEAR 2012 WHEREAS, the State of New York has, pursuant to Sections 554 and 556 of the Real Property Tax Law

(RPTL), authorized correction of errors and payment of tax refunds without prior audit for corrections for refunds not exceeding $2,500, and WHEREAS, Schuyler County desires to delegate to the Real Property Tax Services Director (Director) the authority as stated under said law. NOW, THEREFORE, BE IT RESOLVED, that there is hereby delegated to the Director the power to authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the sum of $2,500 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year of 2012, with the following provisions: 1. That the Director shall comply with all provisions under RPTL Sections 554 and 556 relative to

corrections of errors and the refund or credit of taxes. 2. That on or before the 15th day of each month the Director shall submit to the Legislature a report of the

corrections, refunds and credits processed by such official during the month, embodying in that report the information as required under aforesaid statute.

3. That in no case shall the total amount of such refund or credit exceed the amount appropriated by the County Legislature.

Vote 8-0. RESOLUTION NO. 18A Motion by Larison, Second by Field. RE: MOTION TO TABLE RESOLUTION NUMBERS 18, 19 & 20 BE IT RESOLVED, that Resolution Numbers 18, 19 & 20 be tabled for further discussion. Vote 8-0. RESOLUTION NO. 18 RE: APPOINTMENT - SCHUYLER COUNTY ATTORNEY – 2012-2015 - TABLED

BE IT RESOLVED, that be appointed County Attorney for a four-year term commencing January 1, 2012 through December 31, 2015, at a salary of $ . RESOLUTION NO. 19 RE: APPOINTMENTS - ASSISTANT COUNTY ATTORNEYS - TABLED

BE IT RESOLVED, that this Legislature acknowledges the appointment by County Attorney, , of at a salary of $ , and Rachael E. Boruchowitz at a salary of $30,600, as Assistant County Attorneys, effective January 1, 2012.

SCHUYLER COUNTY LEGISLATURE 4 RESOLUTION NO. 20 RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY - TABLED

BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 501-5 by County Attorney, , of ___________________ as Confidential Secretary to the County Attorney, at a salary of $ , effective January 1, 2012. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:24 a.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

REGULAR MEETING JANUARY 9, 2012

The January 9, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30

p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was absent. The County Administrator, Tim O’Hearn, and Acting County Attorney, Kristin Hazlitt, were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 21 Motion by Larison, Second by Barnes. RE: APPROVE THE MINUTES OF THE DECEMBER 28, 2011 YEAR END MEETING OF THE

SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the December 28, 2011 Year End Meeting of the Schuyler

County Legislature be approved. Vote 6-0. Abstained: Gifford RESOLUTION NO. 22 Motion by Barnes, Second by Larison. RE: AUTHORIZE CONTRACT EXTENSION FOR THE ALTERNATIVES TO INCARCERATION

SERVICE PLAN FROM DECEMBER 2011 TO JUNE 2012 PROBATION DEPARTMENT - PROBATION WHEREAS, the Criminal Justice Advisory Council has already reviewed and approved its Program Plan

and Budget for 2011, and WHEREAS, the 2011 ATI Plan and Budget has already been reviewed, and approved by the Public

Safety / Criminal Justice Committee of this Legislature, and WHEREAS, the Office of Probation and Correctional Alternatives intends to extend the 2011 ATI

program plan and budget from December 2011 to June 2012. NOW, THEREFORE, BE IT RESOLVED, that the 2011 Alternatives to Incarceration Service Plan and Budget be hereby amended by the Schuyler County Legislature, extending it through June 2012, and that the Chairman of the Legislature be authorized to sign the same upon approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council shall submit the same to the New York State Division of Probation and Correctional Alternatives for final approval. Vote 7-0. RESOLUTION NO. 23 Motion by Barnes, Second by Larison. RE: AUTHORIZE 2012 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS

WHEREAS, New York State passed Chapter 135 a law that was signed by the Governor on May 23, 1983, which declares Schuyler County to have Home Rule pursuant to Article IX, Section 2 (b) (2) of the Constitution, and

WHEREAS, New York State Alienation Guide to Municipal Parks, Section F. 3. requires that any park fee must not be in excess of those charges for comparable facilities in the area, and

WHEREAS, the Schamel Brothers lease, Section 5. (c) requires the fees charged by the lessee to be approved the Schuyler County Legislature.

PROCEEDINGS OF THE YEAR 2012 5 NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the

Village Marina's 2012 Seasonal Rate Schedule for its 145 available slips:

2012 SUMMER RATES SLIP WIDTH SLIP FEE WATER & ELECTRIC 8' $1,490.00 $100.00 10' $1,650.00 $100.00 12' $1,750.00 $100.00 14' $1,850.00 $100.00 16' $1,850.00 $100.00

20 AMP ELECTRICAL SERVICE: $100.00 30 AMP ELECTRICAL SERVICE: $150.00

DRY DOCK WITH UNLIMITED USE OF LAUNCH RAMP: $450.00 2012 TRANSIENT DOCK (UP TO 30 FT)

WITH 30 AMP ELECTRIC Per Hour : $ 4.00 Per Day: $ 40.00 Per Week: $175.00 Per Month: $600.00

50 AMP Electric add an additional $10.00 LAUNCH RAMP FEES

$4.00 Per Launch (Tenants: No Charge) $45.00 Unlimited Usage (October 31 through March 1st)

TRUCK CRANE Tenants: $100.00 per Usage (plus tax)

Non-Tenants $125.00 per Usage (plus tax) WINTER STORAGE RATES

At the dock: $15.00 per foot. Use of bubbler system is allowed with electrical charges billed additionally.)

On land: $10.00 per foot. Haul In/Out Charges: $4.00 per foot each way. SUMMER STORAGE RATES

On land: $10.00 per foot. MISCELLANEOUS RATES AND CHARGES

SEASONAL RATES: The Village Marina Seasonal Rates for Summer 2012 apply to the period beginning April 15, 2012 and continuing through October 30, 2012. Any seasonal tenants who do not plan to haul out or store with us, and are still in the water after these dates will

be assessed a service charge of $5.00 per day, for each day until the boat is removed.

PUMP OUT: $5.00 Per Pump Out (Tokens available at Village Marina Bar & Grill)

TRAILER / CRADLE FEE: Minimum $30.00 Charge includes handling and storage of cradles and trailers. Fee is billed annually with winter storage. Vote 7-0. RESOLUTION NO. 24 Motion by Barnes, Second by Larison.

RE: AUTHORIZE AMENDING THE FACILITIES AND GROUNDS CAPITAL RESERVE POLICY TO REDUCE THE ANNUAL FUNDING AMOUNT – BUILDINGS AND GROUNDS

WHEREAS, there are several capital projects that have been completed since 2007, and

SCHUYLER COUNTY LEGISLATURE 6 WHEREAS, the Facilities and Grounds Capital account funding and implementation policies currently directs the Treasurer to place $200,000 from the fund balance annually into the Facilities and Grounds Capital Reserve, and WHEREAS, it is recommended that this amount now be reduced to $100,000 annually, effective with the 2011 fund balance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby directed to only place $100,000 from fund balance annually into the Facilities and Grounds Capital Reserve, effective with the 2011 fund balance, and

BE IT FURTHER RESOLVED, that said policy be amended to reflect said change. Vote 7-0. RESOLUTION NO. 25 Motion by Karius, Second by Larison. RE: AUTHORIZE TRANSFER OF T-28 FUNDS INTO THE CIVIL SERVICE 2012 REVENUE

ACCOUNT – CIVIL SERVICE WHEREAS, there is a checking account that is used for application and testing fees for the Civil Service

Department, and WHEREAS, the fee paid to the State out of this account is always less than what is collected, therefore

there are excess funds that build up in the account, and WHEREAS, the excess amount of funds currently in the T-28 checking account amounts to $26,000

right now and should be transferred into the Civil Service revenue account no. 1431.1260-STSJP Allocation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to

transfer the excess funds into the Civil Service revenue account no. 1431.1260 for 2012, in the amount of $26,000, and

BE IT FURTHER RESOLVED, that the Chief Fiscal Officer is hereby directed to deposit any excess funds each year into this revenue account in consultation with the Personnel Office in the Civil Service Department. Vote 7-0. RESOLUTION NO. 26 Motion by Karius, Second by Larison. RE: ADOPT EQUIPMENT OPERATOR SNOW AND ICE MANUAL – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there needs to be guidelines established regarding snow and ice procedures pertaining to the function of the Highway Department, and

WHEREAS, adopting this snow and ice operations manual establishes one person plowing procedures and more efficient snow plowing operations to the community.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Equipment Operator Snow and Ice Manual established on January 10, 2012, on file in the Legislative Office, and

BE IT FURTHER RESOLVED, that the Highway Superintendent be directed to issue the manual to every Highway Department employee. Vote 7-0. RESOLUTION NO. 27 Motion by Karius, Second by Larison. RE: ONE-YEAR APPOINTMENTS

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2012 through December 31, 2012, to wit:

ALCOHOL AND SUBSTANCE ABUSE Mike Yuhasz, Legislature

AUDITING COMMITTEE Thomas M. Gifford, Management & Finance Committee Chairman

Michael A. Yuhasz, Management & Finance Committee Stewart F. Field, Jr., Management & Finance Committee

Philip C. Barnes, Management & Finance Committee

PROCEEDINGS OF THE YEAR 2012 7 BARGAINING UNIT COMMITTEES

County Administrator Human Resource Director

Co-Chief Negotiators Committee Chair of Management & Finance

CHAMBER OF COMMERCE Dennis A. Fagan, Chairman of the Legislature

COMMUNITY HOME HEALTH CARE PROFESSIONAL ADVISORY COUNCIL Dennis Fagan, Chairman of the Legislator

Mike Yuhasz, Legislator James Coleman, MD – Medical Director

Elizabeth Hayes, RN Pamela Larnard – Deputy Director Mental Health

Marcia Kasprzyk, RN – Deputy Director Public Health Ruth Bedient, HHA – Member at Large

Patty Secord – Office for the Aging Sarah Mathews – DSS

John Bullett, ST – Speech Therapist Michael Sandritter, PT – Physical Therapist

Linda Donelson, RN – Falls Home Camelia Oswald, RN – Public Health

Jagmohan Singh, MD - Schuyler Hospital Patricia Meyers, Quality Assurance Coordinator

J. Christopher Burns, Corporate Compliance Officer COMMUNITY SERVICES BOARD

Philip C. Barnes EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE

Dennis A. Fagan, Chairman of the Legislature Barbara J. Halpin, Legislator

FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. Glenn R. Larison, Legislature

Darrel Sturges, Watershed Inspector FIRE SAFETY BOARD

Philip C. Barnes, Legislator Larry States/Bill Mullaney, Monterey

Jud Smith/Dominick Smith, Watkins Glen Don Dalrymple/Mike Hicks. Valois, Logan, Hector

Al Buckland/Emery Kelly, Tyrone Mike Tomassi/John Jelliff, Odessa

Jeff Confer/ Jake Burns, Montour Falls Brian Gunning/Al Foote, Mecklenburg

Curt Connelly/Jason Kelly, Burdett Tim Husdon/Brian Hudson, Beaver Dams

FISH & WILDLIFE MANAGEMENT BOARD Philip C. Barnes, Legislature

INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK Dennis A Fagan, Chairman of the Legislature

Glenn. R. Larison, Legislator Stacy B. Husted, Clerk

LOCAL EARLY INTERVENTION COORDINATING COUNCIL Nan Woodworth Shaw, WGCS District

SCHUYLER COUNTY LEGISLATURE 8 Erik Miller, Provider

Beverly Clickner, Social Services Pamela Larnard, Mental Health

Jill Wendela, EIM Kim Seaman, Parent

Kim Hanmore, Parent Amy Mathews Crane, Parent

Marcia Kazprzyk, Early Intervention Official, Public Health JoAnn Fratarcangelo, Youth Bureau/Families First

Michael Yuhasz, Legislature Kathy Ector, Child Care Council

Janeene Thrun, NYS Department of Health Nikole Piper, Provider, OPWDD

J. Christopher Burns, Corporate Compliance Patricia Meyers, QA Coordinator

OFFICE FOR THE AGING ADVISORY COUNCIL Dennis A. Fagan, Chairman of the Legislature

Glenn R. Larison, Legislator PEOPLE WITH DEVELOPMENTAL DISABILITIES SUBCOMMITTEE

Michael Yuhaz SAFETY COMMITTEE

Phil C. Barnes, Public Safety & Criminal Justice Committee Chairman SCHUYLER COUNTY ECONOMIC DEVELOPMENT - SCOPED

Dennis A. Fagan, Chairman of the Legislature Stewart F. Field, Jr., Legislature

SOIL AND WATER CONSERVATION BOARD Glenn R. Larison, Legislature Doris L. Karius, Legislature

SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Dennis A. Fagan, Legislator

Thomas M. Gifford, Legislator Stewart F. Field, Legislator

YOUTH BOARD Mathew Chapman, District III Youth Jonathan Chapman, District III Youth

Ashley Tieppo, Youth Jessi Woodward, Youth Katelin Pierce, Youth

Melanie Meighan, Youth Vote 7-0. RESOLUTION NO. 28 Motion by Larison, Second by Gifford. RE: TWO-YEAR APPOINTMENTS


ENVIRONMENTAL MANAGEMENT COUNCIL Philip C. Barnes, Legislator

Daniel Teed, Member at Large Darrel Sturges, Watershed

Harold Russell, Town of Dix Phil Jo Smith, Village to Montour Falls

PROCEEDINGS OF THE YEAR 2012 9 Jenna Hicks, County Planning

Adrianna Hirtler, Village of Burdett Carmine Nicastro, Town of Tyrone

Chad Hendrickson, Town of Reading Elaine Dalrymple, Soil & Water

FISH AND WILDLIFE MANAGEMENT BOARD Robert (Jerry) Harnas

FOREST PRACTICE BOARD Glenn. R. Larison, Legislator

Stewart F. Field, Jr., Legislator HUMAN SERVICES COMMITTEE

Barbara J. Halpin, Legislator OFFICE FOR THE AGING ADVISORY COUNCIL

Richard Evans, RSVP Pamela Grimmke, Town of Tyrone

Helen Marie Sipperley, Village of Watkins Glen/Town of Reading Christine Gerow, Catholic Charities Joan Scott, Veterans Representative Elizabeth Biggers, Town of Cayuta

PLANNING COMMISSION Chad Hendrickson, Town of Reading

Joe Sevier, Town of Tyrone Sarah Chicone, Village of Montour Falls

Eric Herzig, Business Nikita Hairston, Tourism

SCHUYLER HEAD START BOARD OF DIRECTORS Barbara J. Halpin, Legislator

SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Danielle Hautaniemi, Planning Representative

Kate Bartholomew, Environmental Representative Vote 7-0. RESOLUTION NO. 29 Motion by Larison, Second by Gifford. RE: THREE-YEAR APPOINTMENTS NON-CALENDAR YEAR

BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual to the below board, committee, agency, for the term January 1, 2012 through October 31, 2014, to wit:

WORKFORCE DEVELOPMENT BOARD Sue Brill

Vote 7-0. RESOLUTION NO. 30 Motion by Larison, Second by Gifford. RE: THREE-YEAR APPOINTMENTS


EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE Richard Churches, Driver Training

Greg Mathews, Highway Superintendent William Yessman, Sheriff

FOREST PRACTICE BOARD Barlow Rhodes, Forest Landowner

Brett Chedzoy, Landowner

SCHUYLER COUNTY LEGISLATURE 10 MENTAL HEALTH SUBCOMMITTEES

Deborah Hastings JoAnn Fratarcangelo

SOIL AND WATER CONSERVATION BOARD James Hazlitt, Farm Bureau

Gary Gaige, Grange SOUTHERN TIER REGIONAL EMERGENCY MEDICAL SYSTEMS – STREMS

Philip C. Barnes, Legislator YOUTH BOARD

Tina Wenchell, Member at Large Chris Burns, Member at Large

Linda MacDonald, Member at Large Rodney Weeden, Watkins Glen School

Nan Woodworth- Shaw, Watkins Glen School Kristine Somerville, Watkins Glen School

Dave Warren, Watkins Glen School Mary Wilson, Community Service Board

Beverly Clickner, Department of Social Services Vote 7-0. RESOLUTION NO. 31 Motion by Larison, Second by Halpin. RE: FOUR-YEAR APPOINTMENTS


AGRICULURE & FARMLAND PROTECTION BOARD Rory Miller, Farmer

Ben Dickens, Farm Bureau Representative John Murch, Agriculture Business Associate

Walter Adam, Farmer ALCOHOLISM AND SUBSTANCE ABUSE

Breck Spaulding Kathy Miles

COMMUNITY SERVICES BOARD Cynthia Terry, MD

Nan Woodworth-Shaw LAMOKA/WANETA LAKES PROTECTION DISTRICT

Dennis A. Fagan, Legislator PEOPLE WITH DEVELOPMENTAL DISABILITIES SUBCOMMITTEE

Nancy Gay Renee Gay

Vote 7-0. RESOLUTION NO. 32 Motion by Larison, Second by Halpin. RE: APPOINTMENTS TO BOARDS WITH NO TERMS BE IT RESOLVED, that the following individuals be appointed to the following boards effective January 1, 2012:

COUNCIL OF GOVERNMENTS

Dennis A. Fagan, Chairman of the Legislature LABOR MANAGEMENT COMMITTEE Dennis A. Fagan, Chairman of the Legislature

SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – SCIDA

PROCEEDINGS OF THE YEAR 2012 11 Thomas M. Gifford, Legislator

Rocky Kambo, Ex-Officio Vote 7-0. RESOLUTION NO. 33 Motion by Larison, Second by Halpin. RE: AUTHORIZE NAME CHANGE AND APPOINTMENT TO THE ALTERNATIVE TO

INCARCERATION ADVISORY BOARD (ATI) WHEREAS, the Criminal Justice Advisory Board is recognized as the Alternatives to Incarceration Advisory Board (ATI), and WHEREAS, our subcommittee, Criminal Justice Advisory Board should change accordingly, and

WHEREAS, there is a need to redefine the appointments to reflect Titles versus individual names. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the

name change of the Criminal Justice Advisory Board to the Alternatives to Incarceration Advisory Board and the following list of titles where applicable to be appointed with no term.

ALTERNATIVES TO INCARCERATION ADVISORY BOARD County Court Judge

District Attorney Public Defender

Chairman of the Legislature Public Safety Committee Chairman Director/Commissioner of Probation

County Administrator Sheriff

Director of Community Services Drug Court Coordinator

Town/Village Court Judge, Raymond Berry ATI Representative, Kathy Yaskulski

Ex- Offender, Selene Thomas NYS Certified Alcohol and/or Substance Abuse Treatment Provider, William Fox

Worksite Provider, Greg Mathews Probation Officer (2), Linda MacDonald & Steven Gergely

Vote 7-0. RESOLUTION NO. 34 Motion by Gifford, Second by Field. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING

EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE)

WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit sealed bids for the application of triclopyr (Renovate) and Aquathol K on Waneta Lake and the residual monitoring thereof, and WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to submit permit applications and Notice of Intent (NOI) to the New York State Department of Environmental Conservation (DEC) regarding the proposed herbicide (Renovate and Aquathol K) treatments of Waneta Lake in 2012. NOW,THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for bids on or about January 18, 2012 for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that bids will be due no later than 2:00 p.m. on Friday, February 3, 2012. Acceptance/rejection of the bids will be done at the scheduled Regular Meeting of the Legislature. The County of Schuyler reserves the right to accept or reject any and all bids, and BE IT FURTHER RESOLVED, that the District authorizes Dennis Fagan, on their behalf, to submit the required permit application and NOI to DEC for the Renovate and Aquathol K treatments of Waneta Lake in 2012. VOTE 7-0.

SCHUYLER COUNTY LEGISLATURE 12 RESOLUTION NO. 35 Motion by Gifford, Second by Field. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING

EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE)

WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit sealed bids for the application of triclopyr (Renovate) on Lamoka Lake and the residual monitoring thereof, and WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to submit a permit application and Notice of Intent (NOI) to the New York State Department of Environmental Conservation (DEC) regarding the proposed herbicide (Renovate) treatment of Lamoka Lake (including the Mud Creek Channel and Mill Pond) in 2012. NOW,THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for bids on or about January 18, 2012 for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that bids will be due no later than 2:00 p.m. on Friday, February 3, 2012. Acceptance/rejection of the bids will be done at the scheduled Regular Meeting of the Legislature. The County of Schuyler reserves the right to accept or reject any and all bids, and BE IT FURTHER RESOLVED, that the District authorizes Dennis Fagan, on their behalf, to submit the required permit application and NOI to DEC for the Renovate treatment of Lamoka Lake in 2012. Vote 7-0. RESOLUTION NO. 36 Motion by Gifford, Second by Larison. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote 7-0. RESOLUTION NO. 37 Motion by Larison, Second by Gifford. RE: AUTHORIZE INCREASING THE SALARY FOR THE ASSISTANT COUNTY ATTORNEY –

COUNTY ATTORNEY’S OFFICE WHEREAS, the staffing needs of the County Attorney’s Office have been evaluated, and

WHEREAS, it is determined that the salary is to be increased for the existing full-time Assistant County Attorney, Kristin Hazlitt.

NOW, THEREFORE, BE IT RESOLVED, that the salary for the full-time Assistant County Attorney position in the County Attorney’s Office be increased to $82,000, effective January 1, 2012. Vote 7-0. RESOLUTION NO. 38 Motion by Gifford, Second by Larison. RE: ACKNOWLEGE APPOINTMENT OF A LESS THAN FULL-TIME ASSISTANT COUNTY

ATTORNEY POSITION – COUNTY ATTORNEY’S OFFICE WHEREAS, Rachael Boruchowitz, J. D., who is the less than full-time Assistant County Attorney,

working 20 hours a week, has submitted her resignation effective January 13, 2012, and WHEREAS, there remains to still be a vacant full-time County Attorney position and a vacant full-time

Assistant County Attorney position in the County Attorney’s Office, and WHEREAS, the Assistant County Attorney, Kristin E. Hazlitt, as Acting County Attorney has the

authority to fill said vacancy and wishes to replace Rachael with the appointment of Steven J. Getman to work less than full-time, 20 hours a week, and

WHEREAS, funding for this position is in the County Attorney’s Office 2012 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges

the appointment by Kristin E. Hazlitt, Acting County Attorney, in accordance with County Law §502, of Steven J. Getman, at an annual salary of $40,000, effective January 17, 2012. NEW BUSINESS: None. UNFINISHED BUSINESS:

The Clerk said she understands the Resolutions will remain on the table for now. Administrator O’Hearn said he would like to bring the Legislature up to date regarding the tabled Resolutions in executive session if you so choose, to discuss an employee’s work history.

PROCEEDINGS OF THE YEAR 2012 13 REPORT ON STANDING COMMITTEES: None. COUTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION:

Mr. Mark Rondinaro asked if the Resolutions that appeared on the Agenda this evening had already been voted on at the previous Legislative Resolution Review Committee Meeting (LRRC). Legislator Gifford said no, they are not voted on, but discussed and approved to bring forward and have on the Regular Meeting Agenda. Mr. Rondinaro asked if it would be possible to have this information available a week ahead of time on the web page for those of us that are not able to attend your meetings. Chairman Fagan asked the Clerk if her office had the time and could accomplish something like this. The Clerk explained that there is a new amendment to the Open Meetings Law that the Governor just signed regarding such a posting that goes into affect February 5, 2012. She explained that she will be discussing this with the Board later this month to determine what and how she is to proceed with this amendment. Chairman Fagan requested that the Clerk at least have the Resolutions posted on the web page the Friday before our Regular Board Meetings for now along with the agenda. The Clerk said she will make sure that happens starting with the February meeting.

MOTION by Legislator Gifford, SECOND by Legislator Karius to go into Executive Session to discuss employee work history. Motion carried seven ayes to zero noes.

MOTION by Legislator Gifford, SECOND by Legislator Larison to come out of Executive session. Motion carried seven ayes to zero noes. The Meeting adjourned at 7:20 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

SPECIAL MEETING JANUARY 13, 2012

The January 13, 2012 Special Meeting of the Schuyler County Legislature was called to order at 9:15

a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present except Legislator Larison and Legislator Yuhasz who were excused. The County Administrator, Tim O’Hearn, was also present. Acting County Attorney, Kristin Hazlitt, was excused. PUBLIC PARTICIPATION; None. RESOLUTION NO. 39 Motion by Gifford, Second by Field. RE: RATIFICATION OF SPECIAL MEETING

BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business:

1. AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR CHILD PROTECTIVE ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE

Vote 6-0. RESOLUTION NO. 40 Motion by Gifford, Second by Halpin. RE: AUTHORIZE CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR CHILD PROTECTIVE

ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE WHEREAS, Assistant County Attorney, Rachael Boruchowitz, J.D. has submitted her resignation, effective January 13, 2012, and

WHEREAS, there remains to be a need for additional assistance in the prosecuting of Abuse & Neglect cases for the Schuyler County Department of Social Services, and

WHEREAS, Rachael has agreed to provide these additional services contractually on an as needed basis at an hourly rate of $100 an hour, and

WHEREAS, there are sufficient funds in the budget due to other vacancies in the County Attorney’s Office. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Rachael Boruchowitz, J.D. for Child Protective Attorney Services for the County

SCHUYLER COUNTY LEGISLATURE 14 Attorney’s Office at an hourly rate of $100.00 per hour, not to exceed $5,000, effective January 17, 2012 through December 31, 2012, on an as needed basis, funding available in the 2012 County Attorney budget account no. 1420.401, subject to approval by the Schuyler County Attorney. DISCUSSION: Legislator Barnes is concerned about the rate of pay and the level of usage. Administrator O’Hearn stated that with the restructure of the office and a new full time Attorney as well as the qualified Assistant, they could very well cut back and may not even need to use Rachael contractually. However, there could possibly be a need for her to work on the NYCLU law suit that is still in process, or even bring one of the new Attorney’s up to speed on this law suit. It would be at a minimum, if at all. He then suggested that a not to exceed dollar amount be added to the Resolution. Legislator Barnes said he could support a $5,000 cap on this. Chairman Fagan said with the current salary schedule, we are running about $8,000 under budget this year. This is because of no County Attorney salary or secretary salary being paid out of this year’s budget yet. He also stated that with the County Attorney and a new Secretary not starting until February, they will see a $10,000 savings. He would suggest that $10,000 be the not to exceed amount. The Clerk suggested that the Legislature go with the $5,000 figure, and it could always be increased if need be later. Legislator Halpin then wanted to know if they had a comparison of what they paid Attorney’s from last year to this year. Chairman Fagan asked if this was outside counsel she was referring to. Legislator Halpin said yes. Administrator O’Hearn said he would supply Legislator Halpin with the past two years worth of history because of the transition with Attorney Coleman leaving. This year’s would be lower than normal for sure. Vote 6-0. UNFINISHED BUSINESS:

MOTION by Legislator Gifford, SECOND by Legislator Barnes to bring two (2) Resolutions back to the floor for action. Motion carried six ayes to zero noes. RESOLUTION NO. 18 Motion by Gifford, Second by Field. RE: APPOINTMENT - SCHUYLER COUNTY ATTORNEY – 2012-2015

BE IT RESOLVED, that Geoffrey B. Rossi be appointed County Attorney for a four-year term commencing February 6, 2012 through December 31, 2015, at a salary of $98,000. DISCUSSION: Legislator Barnes asked what we did for background checks for appointments or new hires for important positions such as this one. Administrator O’Hearn advised that the Human Resources Department does a complete background check. For this particular position, there was a law enforcement check, along with the Sheriff’s office doing a check. Legislator Barnes then asked about a credit check, and how this is done. Administrator O’Hearn explained that this is included as part of the report that we have on file. Legislator Barnes asked if this would include an educational check, and if a release had been signed. Administrator O’Hearn explained that the Civil Service Department takes care of all of this. They actually ask for, and have on file, proof of submission of transcripts. The also have a criminal, standard background, as well as professional references, on file. Legislator Halpin asked if they had anything in writing regarding what they will be paying for. Chairman Fagan stated that this should be a performance measure for the County Attorney’s Office, for year end. He feels that with the level of expertise, they should be able to decrease the cost of outside counsel to the County. Administrator O’Hearn also added that the Department of Social Services is able to receive reimbursement for the salaries. Legislator Halpin asked if Mr. Rossi was bringing a Secretary with him. Administrator O”Hearn said no, he will have to conduct interviews. The Clerk said the last tabled Resolution from the organizational meeting was to appoint a secretary, which hopefully can be done at the February 13, 2012 Meeting. Vote 6-0. RESOLUTION NO. 19 Motion by Gifford, Second by Field. RE: APPOINTMENT - ASSISTANT COUNTY ATTORNEY

BE IT RESOLVED, that this Legislature make the appointment official of Kristen E. Hazlitt, as Assistant County Attorney, effective January 1, 2012. Vote 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:25 a.m. Stacy B. Husted, Clerk

PROCEEDINGS OF THE YEAR 2012 15 Jamee L. Mack, Deputy Clerk

REGULAR MEETING FEBRUARY 13, 2012

The February 13, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30

p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. The County Administrator, Tim O’Hearn and County Attorney, Geoffrey Rossi were also present. PUBLIC PARTICIPATION:

Alex Rundle, as student from Watkins Glen Central School, spoke regarding a group of students that now call themselves S.O.S., that stands for Save Our Schools. Their flyer says they stand for the following: opportunity; the right for proper education and creativity; and our education, or faculty, and our facility. See hand out on file in the Legislative Office. Alex informed the Legislature that if the State’s budget plans are adopted, their school will be forced to cut fifteen (15) teaching positions in their school, ten of which are in the high school. Their group is looking for support to try to alter the State’s budget. They are holding a meeting at the school on Thursday, February 16, 2012 at 9:30 a.m. Anyone is welcome to attend. Rob Rondinaro, another student of Watkins Glen Central School, and member of the SOS group, explained that the cuts that the State plans to make will affect their education as well as the younger generations to follow. The State holds 250 million is State aid, with plans to distribute it to schools that are considered to be exemplary or outstanding. They think it should be divided and given to all schools. They are asking for the Legislature to support our schools, or maybe even negotiate with the Governor for them.

Mr. Alan Hurley had questions relative to an item on the agenda pertaining to an Intermunicipal Agreement with the Village of Watkins Glen for the Police Study. He said he felt it was a good idea, however, this has to be costing tax payers money. He asked who was funding this study. Chairman Fagan explained that this is just a study to see if it is feasible to do the consolidation, as the goal is to save tax payers money. He explained a few of the shared municipal agreements the County currently has in place, such as the Shared Fuel Facility, the Public Works Facility, and the Shared Records Management Building. Mr. Hurley again asked if this would save tax payers money. Chairman Fagan guaranteed him that if this study does not show a savings, it would not be done.

Mr. David Mazzarie, from Chemung County, said he is here to just ask that they keep our freedom in mind. Without our freedom, we have nothing. He said we have 10,000 baby boomers that will be retiring soon. He also said our government, with every dollar they spend, they borrow.42 cents. If this keeps going we are all going to be in trouble. He then talked about a Senate Bill No. 1867 that passed related to terrorist. If you are suspected of being a terrorist you can be incarcerated indefinitely. He feels this is serious. He said he heard in the news last week that the government now expects Catholics to provide things that are against their religion. There are issues with voter fraud too. There are a lot of things that are going on that are problems. They are all our problems. He asked the Legislators to Google Clinton Eugene Curtis. He also asked that the Legislators keep an eye out for voter fraud. It can happen and not be detected. RESOLUTION NO. 41 Motion by Karius, Second by Larison. RE: APPROVE THE MINUTES OF THE JANUARY 4, 2012 ORGANIZATIONAL MEETING,

JANUARY 9, 2012 REGULAR MEETING AND THE JANUARY 13, 2012 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the minutes of the January 4, 2012 Organizational Meeting, January 9, 2012 Regular Meeting and the January 13, 2012 Special Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 42 Motion by Gifford, Second by Barnes. RE: DISCONTINUE USE OF PETTY CASH – EMERGENCY MANAGEMENT

WHEREAS, the Emergency Management Department has a Fifty Dollar ($50) Petty Cash Fund, and WHEREAS, since the Emergency Management Department was issued a credit card, the use of the

Petty Cash is no longer needed.

SCHUYLER COUNTY LEGISLATURE 16 NOW, THEREFORE, BE IT RESOLVED, that the Fifty Dollar ($50) Petty Cash Fund for the

Emergency Management Department is hereby discontinued and said funds returned to the Schuyler County Treasurer. Vote 7-0. RESOLUTION NO. 43 Motion by Gifford, Second by Barnes. RE: AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR TWO NEW

VEHICLES – SHERIFF’S DEPARTMENT – AS AMENDED WHEREAS, money has been appropriated to lease two new vehicles for the Sheriff’s Department, and WHEREAS, such lease has been obtainable through the State bidding procedure. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a three-year lease agreement with Ford Motor Credit Company for the Sheriff’s Department for two (2) 2012 Dodge Chargers, through the State leasing procedure in the total amount of $18,213.34 annually, funding available in each budget year account nos. 3110.204, 3315.0204 and 3110.0444; subject to approval of the Schuyler County Attorney. Vote 7-0.

RE: RESOLUTION SUPPORTING A CO-APPLICATION WITH THE VILLAGE OF WATKINS GLEN TO THE NEW YORK STATE DEPARTMENT OF STATE SHARED MUNICIPAL SERVICES INCENTIVE (SMSI) GRANT PROGRAM FOR A CONSOLIDATED POLICE DEPARTMENT STUDY

RESOLUTION NO. 44 Motion by Gifford, Second by Barnes.

WHEREAS, the Village of Watkins Glen and Schuyler County will be applying for a grant from the New York State Department of State Shared Municipal Services Incentive (SMSI) Grant program to do a consolidated police department study involving the Village Police Department and the Schuyler County Sheriff’s Department, and

WHEREAS, the Village of Watkins Glen will be the lead applicant for the grant, and responsible for all local share costs, and WHEREAS, the Chairman of the Legislature, County Administrator, Chair of the Schuyler County Public Safety/Criminal Justice Committee, and the Schuyler County Sheriff are on the committee to discuss this study with members representing the Village of Watkins Glen.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports a co-application for said grant with the Village of Watkins Glen to the State for an SMSI Grant for a consolidated Police Department Study, and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Village of Watkins Glen for submission with said grant application, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to said grant; subject to the approval of the Schuyler County Attorney. DISCUSSION: Chairman Fagan explained to Mr. Hurley that the second Whereas in this Resolution specifically states no local share for the County. Vote 7-0. RESOLUTION NO. 45 Motion by Barnes, Second by Halpin. RE: AUTHORIZE USE AND DISSEMINATION AGREEMENT WITH THE DIVISION OF CRIMINAL

JUSTICE SERVICES FOR USE OF NEW YORK STATEWIDE POLICE INFORMATION NETWORK (NYSPIN) SERVICES AS HOSTED THROUGH THE INTEGRATED JUSTICE PORTAL – PROBATION DEPARTMENT

WHEREAS, Schuyler County Probation uses the Integrated Justice Portal to access DMV records and COMPASS, a probation risk assessment tool, and there are plans to combine E-Justice into the Integrated Justice Portal which would include NYSPIN searches, and WHEREAS, The Division of Criminal Justice Services is responsible for maintenance of NYSPIN and is asking for a signed Use and Dissemination Agreement by Schuyler County agreeing to utilize the NYSPIN feature through the Integrated Justice Portal per New York State and Federal law. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

PROCEEDINGS OF THE YEAR 2012 17 execute a Use and Dissemination Agreement between Schuyler County Probation and the Division of Criminal Justice Services for the use of the NYSPIN services as provided through the Integrated Justice Portal; subject to approval of the Schuyler County Attorney. Vote 7-0.

RE: AUTHORIZE FOUR-YEAR CONTRACT RENEWAL WITH LEXIS-NEXIS – PUBLIC DEFENDER RESOLUTION NO. 46 Motion by Barnes, Second by Halpin.

WHEREAS, the Public Defender’s Office is in need of on-line legal research, and WHEREAS, Lexis-Nexis is offering a four-year contract locking the Public Defender’s Office in at a

rate of $131 per month for the first year, $143 per month for the second year, $156 per month for the third year, and $170 per month for the fourth year. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a four-year contract with Lexis-Nexis for the Public Defender’s Office for on-line legal research for the term February 1, 2012 through January 31, 2016, funding available in the Public Defender budget account no. 1170.407; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 47 Motion by Barnes, Second by Halpin. RE: AUTHORIZE APPOINTMENT TO THE PLANNING COMMISSION TO FILL AN UNEXPIRED

TERM WHEREAS, James Kuehl has resigned from the Planning Commission as the Medical Representative, and WHEREAS, Dr. Ben Saks, M.D. is willing to fill the unexpired term from January 23, 2012 through December 31, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the appointment of Dr. Ben Saks, M.D. to the Planning Commission to fill the unexpired term from February 13, 2012 through December 31, 2012. Vote 7-0. RESOLUTION NO. 48 Motion by Larison, Second by Gifford. RE: TWO YEAR APPOINTMENT WHEREAS, there has been a vacancy for the Town of Cayuta Representative on the Planning Commission, and WHEREAS, Anne Marie Johnson has expressed an interest in filling said vacancy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the appointment of Anne Marie Johnson to the Planning Commission for a term of January 23, 2012 through December 31, 2013. Vote 7-0. RESOLUTION NO. 49 Motion by Larison, Second by Gifford. RE: AUTHORIZE 2011-2012 SNOWMOBILE GRANT APPLICATION AND CONTRACT – SOIL &

WATER CONSERVATION WHEREAS, four local Snowmobile Clubs in the County wish to use the Schuyler County Government as their authorized local sponsor for their grants, and WHEREAS, the Soil and Water Conservation District would be the administrator of the grants and the County Treasurer would administer the grant funds, and WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Soil and Water Conservation District Office, and WHEREAS, the Department of Environmental Conservation (DEC) will issue trail permits to the Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for four local Snowmobile Clubs in the county in pursuit of Snowmobile Trails Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the 2011-2012 grant application and contract; subject to approval by the Schuyler County Attorney.

SCHUYLER COUNTY LEGISLATURE 18 Vote 7-0. RESOLUTION NO. 50 Motion by Larison, Second by Gifford. RE: ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE

LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE) WHEREAS, Resolution No. 34 -12 authorized advertisement for sealed bids for the application Renovate on Lamoka Lake and the residual monitoring thereof, and

WHEREAS, bids were opened February 3, 2012 and reviewed, with the recommendation being made by the Lamoka/Waneta Lakes District Commission to accept the bid from Allied Biological, said bidder being the lowest responsible bidder in conformance with General Municipal Law § 103.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the bid from Allied Biological, for the application of Renovate on Lamoka Lake and the residual monitoring thereof at the bid price of $81,087.80 for treatment and $824.25 per monitoring round with an estimated total cost of $4,945.50, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 51 Motion by Larison, Second by Halpin. RE: ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE

LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE) WHEREAS, Resolution No. 34-12 authorized advertisement for sealed bids for the application Renovate on Waneta Lake and the residual monitoring thereof, and

WHEREAS, bids were opened February 3, 2012 and reviewed, with the recommendation being made by the Lamoka/Waneta Lakes District Commission to accept the bid from Allied Biological, said bidder being the lowest responsible bidder in conformance with General Municipal Law §103.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the bid from Allied Biological, for the application of Renovate on Waneta Lake and the residual monitoring thereof at the bid price of $13,585.00 for treatment and $808.75 per monitoring round with an estimated total cost of $4,852.50, and for the application of Aquathol K on Waneta Lake and the residual monitoring thereof at the bid price of $29,965.50 for treatment and $175.00 per monitoring round with an estimated total cost of $525.00, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 52 Motion by Larison, Second by Halpin. RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE

FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play and Resource Center program, and WHEREAS, funding is needed for contracting for continued program development, oversight and maintenance, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, there is no local match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts; subject to review of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 53 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH BEHAVIORAL INTERVENTION, INC. FOR ELECTRONIC

HOME MONITORING EQUIPMENT – YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau oversees the People In Need of Supervision (PINS)

Diversion program for the Department of Social Services, and WHEREAS, youth on the PINS Diversion program have been using electronic home monitors with

Global Positioning capabilities at Probation, and

PROCEEDINGS OF THE YEAR 2012 19 WHEREAS, Behavioral Interventions, Inc. will provide one Electric Home Monitoring unit with Global

Positioning capabilities to be kept on site and additional units as needed to the Youth Bureau, and WHEREAS the units are part of the Supervision and Treatment Services for Juveniles Program (STSJP)

grant and the grant will pay for said services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

enter into a contract with Behavioral Interventions, Inc. for the use of electronic home monitors with Global Positioning capabilities, effective upon signature annually, at a cost of $5.50 per day while being used to be billed to the Department of Social Services to be reimbursed through the STSJP grant upon approval by the County Attorney. Vote 7-0. RESOLUTION NO. 54 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH MONTEREY FIRE DEPARTMENT FOR USE OF KITCHEN

AND DINING AREA FOR OFA CONGREGATE MEAL SITE – OFFICE FOR THE AGING WHEREAS, the Monterey Fire Department is requesting payment for use of the kitchen and dining hall to maintain the congregate meal site at that location, and WHEREAS, the Fire Department has requested a charge of $15.00 per day, and WHEREAS, the Office for the Aging has funding in the subcontract line to cover the associated expenses. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Monterey Fire Department to provide the location for a congregate meal site through the Schuyler County Office for the Aging through the budget account no. 6772.0490 for the term of February 20, 2012 through December 31, 2012, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 55 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT FOR PROVISION OF MEALS TO MY PLACE, A PLAY AND

LEARNING CENTER – OFFICE FOR THE AGING WHEREAS, My Place, A Play and Learning Center provides meals to the children in their care on a

daily basis, and WHEREAS, the Director of My Place has requested provision of said meals by an entity already

involved in the provision of meals, and WHEREAS, the Schuyler County Office for the Aging currently has a Department of Health (DOH)

approved kitchen from which congregate and home delivered meals are prepared and served, and WHEREAS, the per meal rate will cover costs associated with providing meals. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to

sign any and all contracts and agreements between Office for the Aging and My Place, A Play and Learning Center to provide meals at a rate of $3.89 per meal for the term of February 20, 2012 through December 31, 2012, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 56 Motion by Halpin, Second by Field. RE: AUTHORIZE A FUNDING AGREEMENT WITH NATIONAL ASSOCIATION OF COUNTY AND

CITY HEALTH OFFICIALS (NACCHO) MEDICAL RESERVE CORPS (MRC) – PUBLIC HEALTH WHEREAS, Schuyler County Public Health has received a NACCHO MRC Capacity Building Award

of $5,000, and WHEREAS, Schuyler County will enter into an agreement with NACCHO MRC for the period

December 22, 2011 through July 31, 2012 to receive funding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

sign any and all documents relative to this Funding Agreement, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2012 Award Budget accordingly in cooperation with Public Health.

SCHUYLER COUNTY LEGISLATURE 20 Vote 7-0. RESOLUTION NO. 57 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY YOUTH BUREAU – SOCIAL SERVICES

WHEREAS, the Commissioner of Social Services is required to provide preventive services to families as ordered by the New York Courts or to prevent and reduce the unnecessary and costly use of detention services for children and disruption to the family unit, and

WHEREAS, the Department may contract for the provision of some or all of the services with an agency that has the capability to provide those services, and WHEREAS, the Director of the Youth Bureau has the ability to provide certain preventive services for the Department, and has agreed to provide selected services as identified in the contract between the two agencies to Schuyler County residents referred to the Youth Bureau by the Department of Social Services, and WHEREAS, it is economically and organizationally feasible for the Department to contract with the Youth Bureau for the performance of these services, and further, DSS has determined that the amount of funds to be paid to the Youth Bureau is reasonable and necessary to assure quality services, and

WHEREAS, the cost of the contract will be $58,677, of which approximately 62% will be reimbursed with federal and state funds, with funding for this contract being included in the Department’s 2012 budget, account number 6010.435. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Schuyler County Youth Bureau for the Department of Social Services for preventive services for the term January 1, 2012 through December 31, 2012 in the amount of $58,677, funding available in the 2012 Department of Social Services budget, account number 6010.435; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 58A Motion by Larison, Second by Barnes. RE: MOTION TO TABLE RESOLUTION NO. 58 BE IT RESOLVED, that Resolution No. 58 be tabled for further discussion with the union. Vote 7-0. RESOLUTION NO. 58 RE: APPOINTMENT – DEPUTY COUNTY HIGHWAY SUPERINTENDENT - HIGHWAY

DEPARTMENT - TABLED BE IT RESOLVED, that this Legislature acknowledge the appointment by the Highway Superintendent,

Greg Mathews, of Philip A. Biever, as Deputy County Highway Superintendent, at an annual salary of $50,000, to work 40 hours a week, effective February 27, 2012, said position is in Grade Level G of the Management/Confidential Salary Plan. RESOLUTION NO. 59 Motion by Larison, Second by Barnes. RE: AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF

THE FEDERAL –AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL –AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT

WHEREAS, a Project for the Bridge Replacement on CR 4 over Sawmill Creek in the Town of Hector, Schuyler County, P.I.N. 6754.10 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the non-Federal share of the costs of the Bridge Replacement on CR4 over Sawmill Creek in the Town of Hector, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature, duly convened does hereby approve the above-subject project; and BE IT FURTHER RESOLVED, that the Schuyler Legislature hereby authorizes the County of Schuyler to pay in the first instance 100% of the Federal and non-Federal share of the cost of Design and Right of Way Incidental/Acquisition and Construction/Inspection work for the Project or portions thereof; and

PROCEEDINGS OF THE YEAR 2012 21 BE IT FURTHER RESOLVED, that the sum of $1,315,000 is hereby appropriated from 5120.597 and made available to cover the cost of participation in the above phase(s) 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 and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of Federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Vote 7-0. RESOLUTION NO. 60 Motion by Karius, Second by Gifford. RE: ACCEPT BID FROM TOSHIBA BUSINESS SOLUTIONS FOR THE REPLACEMENT OF

COPIERS FOR SCHUYLER COUNTY OFFICES WHEREAS, the current copier lease contract for the County copiers is due to expire in February 2012,

and WHEREAS, bids were advertised for and then opened on January 9, 2012, and WHEREAS, the Purchasing Director, along with the Information Technology Director have reviewed

the bids for a five-year term lease contract and make the following recommendation to award the bid from Toshiba Business Solutions for the replacement of copiers for Schuyler County offices for the period 2012 – 2017.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts said bid as the most responsible bid, and BE IT FURTHER RESOLVED,

BE IT FURTHER RESOLVED, that all other bids be rejected, with a note of appreciation for their participation.

that the Chairman of the Legislature be hereby authorized to execute a contract (and other relative documents) with Toshiba Business Solutions for the County offices for a five year term, effective upon delivery, funding available in the appropriate departmental budgets; subject to approval of the Schuyler County Attorney, and

Vote 7-0. RESOLUTION NO. 61 Motion by Karius, Second by Gifford. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS

– PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County

Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED that the following items are to be bid out, placed in storage for an

auction or disposed of. JUNK

Asset # Description Serial # Department 6670 Dell E6400 Intel Computer FGBFZK1 OFA 5395 Scale, Healthometer NA Public Health 4757 HP 1100 Printer USPF030116 Purchasing 4488 Dishwasher OFA

SURPLUS

SCHUYLER COUNTY LEGISLATURE 22 Asset # Description Serial # Department 1403 HON 2-drwr file cabinet NA Youth 4830 Sony 32” TV NA DA 4831 VCR NA DA 4832 TV Stand NA DA 6150 ’06 Ford Taurus 1FAFP53UX6A263283 Sheriff Vote 7-0. RESOLUTION NO. 62 Motion by Karius, Second by Gifford. RE: ACKNOWLEDGE APPOINTMENT AND SET REIMBURSEMENT RATES FOR SCHUYLER

COUNTY REPUBLICAN AND DEMOCRATIC PARTY INSPECTORS FOR THE YEAR 2012 – BOARD OF ELECTIONS WHEREAS, NYS Election Law 7-207 requires Party Inspectors representing the two (2) major political

parties to be present for the final preparation and inspection of voting systems and ballot counting machines prior to use in an election, and

WHEREAS, the Commissioners of Election acknowledge the appointments of Maureen Colunio (R) and Megan Orbin (D) by their respective parties for the year 2012, and WHEREAS, Section 5 of the above referenced law requires that Party Inspectors shall be paid for their services an amount that shall be fixed by the Board of Elections and approved by the governing body, and WHEREAS, the Commissioners of Election, in compliance with HAVA legislation, have removed all lever-type voting machines from use in elections conducted by the Board of Elections and have established new procedures for the preparation and inspection of new electronic voting equipment. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledge and authorize that Democratic and Republican Party Inspectors be paid an hourly rate of twenty dollars ($20) from the Board of Elections budget. Vote 7-0. RESOLUTION NO. 63 Motion by Gifford, Second by Larison. RE: ACKNOWLEDGE APPOINTMENTS OF VOTING SYSTEM TECHNICIANS/CUSTODIANS FOR

THE YEAR 2012 – BOARD OF ELECTIONS WHEREAS, Election Law 3-302 provides for the Board of Elections to appoint as many voting system technicians/custodians as shall be necessary for the proper preparation, repair, and maintenance of voting equipment, and

WHEREAS, it has been determined that the Schuyler County Board of Elections, in order to properly prepare, test, maintain and repair voting equipment in their possession in accordance with Section 6210.2 Routine Maintenance and Testing of Voting Systems, it is necessary to appoint two(2) Republicans and two(2) Democrats as Voting System Technicians/Custodians. NOW, THEREFORE, BE IT RESOLVED, that the Legislature acknowledges the appointment by the Election Commissioners of Mark P. Taylor (R), Ted Carleton (D), and Nicholas Clarke (D) as Voting System Technicians/Custodians for the year 2012, to be compensated at an hourly rate of twenty dollars ($20.00) for miscellaneous preparation, testing, transportation and maintenance of Voting Systems and equipment, and other election related duties as assigned, to be funded by the Board of Elections 2012 Budget. NOW, THEREFORE, BE IT RESOLVED, that Mark P. Taylor will serve as Chief Technician/Custodian at a yearly stipend of one hundred ($100.00) dollars, also to be funded by the Board of Elections budget. Vote 7-0. RESOLUTION NO. 64 Motion by Gifford, Second by Larison. RE: RESOLUTION TO DENY APPLICATION FOR CORRECTED TAX ROLL – TOWN OF HECTOR –

REAL PROPERTY TAX WHEREAS, an application for correction of real property taxes has been made in accordance with Section 554 of the Real Property Tax Law (RPTL) for parcel 7.00-1-43.113 owned by Leidenfrost in the Town of Hector, and

WHEREAS, the property owner alleges that the assessor failed to grant a Senior Citizen’s exemption

PROCEEDINGS OF THE YEAR 2012 23 pursuant to RPTL Section 467 that should have been applied to the Town and County tax bill, and WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and has found that proper application for the exemption was not made as the property owner failed to provide income information in a timely manner, and WHEREAS, it is the recommendation of the Director of the Schuyler County Real Property Tax and the Management and Finance Committee to deny the application. NOW, THEREFORE, BE IT RESOLVED, that the application is hereby denied.

Vote 7-0. RESOLUTION NO. 65 Motion by Gifford, Second by Larison. RE: AUTHORIZE AMENDMENTS TO THE PROCURA, LLC 2012 CONTRACT – PUBLIC HEALTH

WHEREAS, the 2012 monthly maintenance fee for computer software has increased, and WHEREAS, the new monthly maintenance fee will be $442.91, and WHEREAS, updates to the Procura, LLC software have required excessive local and IT department

effort, and WHEREAS, the cost of retrieving information in an emergency situation is costly in the locally housed

program, and WHEREAS, a web-based option is available and would reduce local and IT department effort, and WHEREAS, there is a onetime fee of $3,000.00 to convert the system to a web-based program, and WHEREAS, once converted the monthly maintenance fee will increase to $974.00, and WHEREAS, funds are available in Public Health Subcontract Account Number 4010.532. NOW, THEREFORE, BE IT RESOLVED, that the 2012 contract with Procura, LLC be increased to

$442.91 per month until such time as the conversion takes place, when the monthly maintenance fee will be $974.00 per month, through December 31,2012, to be renewed annually, subject to the approval of the County Attorney. Vote 7-0. RESOLUTION NO. 66 Motion by Field, Second by Halpin. RE: MOTION TO BRING ONE (2) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that Two (2) Resolutions be brought to the floor. Vote 7-0. RESOLUTION NO. 67 Motion by Gifford, Second by Field. RE: AUTHORIZE EXTENSION FOR CURRENT MAINTENANCE CONTRACT (EASTERN COPY

PRODUCTS) & LEASE WITH G.E. CAPITOL FOR EASTERN COPY PRODUCTS FOR SCHUYLER COUNTY OFFICE COPIERS - PURCHASING WHEREAS, the current copier bid was awarded to Toshiba Business Solutions with an anticipated

delivery date of February 1, 2012, and WHEREAS, Toshiba is now unable to deliver copiers prior to the lease contract expiration with Eastern

Copy in February 2012 due to (overseas) natural disasters, and copiers are backordered with no definite timeline for delivery, and

WHEREAS, the above state of facts presents an accident or unforeseen occurrence beyond the county’s control and requires immediate action to insure that county agencies will continue to operate effectively, and

WHEREAS, the County will need to continue to use the copiers from Eastern Copy Products with the lease from G. E. Capitol, on a month-to-month basis, with additional costs to be approximately $1,000 a month, and

WHEREAS, Toshiba will pro-rate/credit the lease contract, once executed, to recoup some of these additional costs.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to this extension until Toshiba copiers are delivered and functional, contracts subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 68 Motion by Gifford, Second by Field.

SCHUYLER COUNTY LEGISLATURE 24 RE: AUTHORIZE APPOINTMENT OF INTERIM HUMAN RESOURCES DIRECTOR/AUTHORIZE

TRANSFER OF FUNDS – HUMAN RESOURCES WHEREAS, the Human Resources Director has been out on extended medical leave since June of 2011, and WHEREAS, there is a need to fill that position on a temporary basis until such time the Human Resources Director returns, and WHEREAS, it is the recommendation of the Management and Finance Committee that an Interim Director be appointed to help with overseeing the office of Human Resources and to perform some of the duties of the Human Resources Director. NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the appointment of Lorry Johnson as Interim Human Resources Director, to be paid a stipend of $7,500 annually, in addition to her regular salary as Personnel Officer, for the additional duties and responsibilities, effective February 13, 2012 until such time the Human Resources Director returns or other arrangements are made, funding is available in the 2012 Human Resources budget to cover said compensation, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $7,500 from the Human Resources account no. 1430.100 into the Civil Services account no. 1431.100. Vote 7-0. NEW BUSINESS:

The Clerk brought to the attention of the Legislators the letter received from the New York State Association of Counties (NYSAC) requesting that we send the form letter they sent along to our State Senator and Assemblyman requesting mandate relief.

MOTION by Legislator Gifford to authorize the Chairman to sign the letter on behalf of the full Legislature, SECOND by Legislator Barnes. Motion carried seven ayes to zero noes. UNFINISHED BUSINESS:

The Clerk asked for a Motion to bring the Tabled Resolution No. 20 to the floor. MOTION by Legislator Larison, SECOND by Legislator Gifford. Motion carried seven ayes to zero

noes. RESOLUTION NO. 20 Motion by Larison, Second by Gifford. RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY

BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 501-5 by County Attorney, Geoffrey B. Rossi, of Vicki L. Perazzini as Confidential Secretary to the County Attorney, at a salary of $40,000, effective February 13, 2012. Vote 7-0. REPORT ON STANDING COMMITTEES:

Legislator Larison reported that he attended the NYSAC Conference in Albany and it was a good meeting. The Governor attended and talked of the Mandate reliefs. Legislator Larison brought back all of the Resolutions from the conference and handed them out. He also reported that the Department of Environmental Conservation (DEC) Commissioner that was in attendance at the conference said that in the areas where severe flooding occurred, the DEC will not be enforcing the burning law, as it is not practical.

Legislator Halpin reported on the Human Services Committee. She read from a report that Reverend Michael Hartney, the Treasurer for Schuyler County Habitat for Humanity, gave at a meeting. The report is on file in the Legislative Office.

Legislator Barnes reported on the Public Safety/Criminal Justice Committee meeting. He had attended the meeting in our Probation Department regarding the Alternatives to Incarceration program. This program has saved tax payers over 1.2 million dollars. This is a huge savings. He also invited any interested party to attend a meeting at the Human Services Building, Wednesday, February 15th at 7:00 p.m. regarding the new Day Care Facility that just opened in the former Rural Urban Center. There seem to be union issues and they are asking for people to attend to show support.

Chairman Fagan reported that a Legislative Redistricting Committee Meeting was held this past week. There will be another meeting scheduled for an evening in March. He thanked Mr. Mark Rondinaro for his

PROCEEDINGS OF THE YEAR 2012 25 suggestions relative to what Orleans County has just done, and they will be looked at. There will by a number of alternatives discussed at the next meeting. He would like to see the Legislators represent an equal number of the population. This would prevent what happened at the last election. Our new County Attorney will be involved as well as welcoming the public comments. COUNTY ADMINISTRATOR’S REPORT:

Administrator O’Hearn reported that he also attended the NYSAC Conference in Albany. He emphasized the importance of the letter we received from NYSAC being mailed to our Senator and Assemblyman. He stated that the Counties have made out the best with the mandate reliefs. Counties are the only entity that had been reduced, and we are the only entity that can hold the line on the taxes. He also agrees that the relief that has been published is not anywhere close to where it needs to be. We need to continue to emphasize this point. PUBLIC PARTICIPATION:

Mr. Paul Marcellus commented that when he was a Legislator he knew that the Lexis Nexus month fee was $120.00 per month. Now it is up to $170.00 per month. He said if this is a service mandated by the State, why is it not available by State contract to control the cost. We should not have to provide this if it is not manageable cost wise.

Alex Rundle, from the SOS group also wanted the Legislators to know that they have a Facebook page and a twitter feed with the links on the hand out. They have written letters to our State Representatives, and have hung flyers all over town. They are very organized and hope to have students in other schools organize a similar group as well. We are concerned about the reduction all over the state not just our School. We are interested in opinions and would welcome any suggestions of what could be done. In our opinion with or without money it is about education. This is what is important.

Mr. Mark Rondinaro thanked the Legislature for scheduling an evening Redistricting Meeting. It will make it easier for the public to attend.

Legislator Barnes asked the other Legislators if they had received the email from Mecklenburg about the fracking and traffic issues. He wanted to let them know that the Sheriff is addressing this issue.

The Meeting adjourned at 7:12 p.m. Stacy B. Husted, Clerk, Jamee L. Mack, Deputy Clerk

REGULAR MEETING MARCH 12, 2012

The March 12, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30

p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. The County Administrator, Timothy O’Hearn, and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION:

David Crea, Engineer from US Salt, asked the Legislature to not consider a fracking ban in this County like others in our area have. RESOLUTION NO. 69 Motion by Gifford, Second by Larison. RE: APPROVE THE MINUTES OF THE FEBRUARY 13, 2012 REGULAR MEETING OF THE

SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the February 13, 2012 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 70 Motion by Barnes, Second by Halpin. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012 BYRNE JAG RECOVERY ACT

GRANT – SHERIFF’S OFFICE

SCHUYLER COUNTY LEGISLATURE 26 WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services,

for the purpose of assisting the Schuyler County Sheriff’s Office with obtaining equipment to enhance and improve its Drug Enforcement Unit, and

WHEREAS, this Grant award is in the amount of $12,500, with no County match. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County

Sheriff’s Office to submit a grant application for 2012 Byrne JAG Recovery Act Grant, 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 $12,500 with no County match, said documents subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 71 Motion by Barnes, Second by Halpin. RE: AUTHORIZE ONGOING CONTRACTS WITH THE VILLAGE OF MONTOUR FALLS, THE

VILLAGE OF ODESSA, 208 BROADWAY, LLC, AND ARNOT MEDICAL SERVICES FOR BUS SHELTERS –AS AMENDED

WHEREAS, there is a need to place bus shelters throughout the County for the County transit system, and WHEREAS, the Village of Montour Falls, the Village of Odessa, 208 Broadway, LLC (Nelson Development), and Arnot Medical Services, have all agreed to place permanent passenger shelters within their property/village limits, and WHEREAS, Arnot Medical is to be paif a license fee in the amount of $1.00, and

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an ongoing contract with all of the above entities, effective upon signing for bus shelters, subject to approval of the Schuyler County Attorney.

WHEREAS, the County will construct and maintain such shelters at no cost to the entities.

Vote 7-0. RESOLUTION NO. 72 Motion by Barnes, Second by Halpin. RE: AUTHORIZE CONTRACT WITH CORNELL COOPERATIVE EXTENSION TO ADMINISTER

THE REMAINING CDBG HOUSING FUNDS WHEREAS, Cornell Cooperative Extension of Schuyler County (CCESC) has been assisting in the administration of the Community Development Block Grant (CDBG) Housing program, along with Arbor Development, and WHEREAS, currently Arbor Development has been receiving the administrative funding from this grant and there are $3,000 remaining that CCESC is now requesting that they receive. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County will provide to CCESC remaining funds earmarked or allowable for program administration in the approved CDBG grant, an amount not to exceed $3,000, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with CCESC for the reimbursement of administrative services for the grant of September 2010-August 2012; subject to approval of the Schuyler County Attorney. Vote 7-0.

RE: RESOLUTION TO GOVERNOR CUOMO AND THE NEW YORK STATE LEGISLATURE TO ADVANCE FUNDING AND EXPEDITE COMPLETION OF I-86 IN BROOME, DELAWARE, SULLIVAN, AND ORANGE COUNTIES, AND PLACE SIGNAGE RECOGNIZING THE DESIGNATION OF THE DANIEL PATRICK MOYNIHAN INTERSTATE HIGHWAY 86

RESOLUTION NO. 73 Motion by Halpin, Second by Field.

WHEREAS, Governors have made commitments to the revitalization and improvement of the economy of “Upstate” New York, and

WHEREAS, Steuben County, along US Route 15 (Corridor U-1 I-99), Chemung County and twelve other counties along the US Route 17 (Corridor T I-86) corridor make up the three Local Development Districts in the thirteen state Appalachian Regional Commission, and

PROCEEDINGS OF THE YEAR 2012 27 WHEREAS, US Route 15 is the only north/south route in Central Pennsylvania that serves as a vital and

direct link between western New York and Canada and the ports of Baltimore and Philadelphia and the mid-Atlantic states, and

WHEREAS, Governor Pataki committed to a ten-to-twelve year construction program to complete the Route 17 conversion to I-86 beginning with the first designation (177 miles Chemung County west to Pennsylvania) on December 3, 1999, and

WHEREAS, completing the I-99 U-1 Corridor fulfills the desires of both the Commonwealth of Pennsylvania and the State of New York to accelerate economic development opportunities in this area of Appalachia as well as respond to the increasing traffic volumes (primarily commercial vehicles) in the Route 15 Corridor since the passage of the North American Free Trade Agreement, and

WHEREAS, the New York State and Commonwealth of Pennsylvania Departments of Transportation are in the final stages of completing the conversion of Route 15 to Interstate standards (I-99) to meet New York State I-86 (July 2014), and

WHEREAS, the designation of New York State Route 17 to I-86 and Route 15 to I-99 provides a highway network with connection to every Interstate Highway located within New York State and Interstate Highways leading into Pennsylvania, and

WHEREAS, the upgrade and designation of Route 17 as I-86 will make the region more competitive and able to attract substantial growth in business, industry, and tourism as well as improve the safety of the traveling public, and WHEREAS, the New York I-86 Economic Development Benefit Study, issued in January 2000, which was widely accepted and quoted at all levels of government, called for an aggressive eight-year construction period that would result in a 3.2 billion dollar direct economic benefit to communities along the I-86 Highway Corridor once the conversion has been completed, and

WHEREAS, with proper funding and resources for the remaining projects in Broome, Delaware, Sullivan, and Orange Counties, the conversion of Route 17 to I-86 could be completed many years sooner than on the present schedule, and it would provide the vast economic benefits to the region foreseen by the Appalachian Regional Commission in its study entitled “Economic Impact of Completing the Appalachian Development Highway System,” which states in pertinent part that “Completion of the Appalachian Development Highway System (ADHS) would yield significant economic benefits for both the Appalachian Region and the nation…By facilitating national freight flows, reducing travel times, improving safety, and enhancing access to markets, completion of the ADHS would create new jobs and greater value-added activity, returning $3 in economic benefits to the nation for every $1 spent to complete the system,” and

WHEREAS, the Three Rivers Development Foundation, utilizing funds from the Appalachian Regional Commission, has developed an Economic Blueprint, which was released in June 2009 for the I-86/I-99 Corridor in Southeast Steuben County utilizing properties that have the potential for providing sustainable future economic development opportunities.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby request Governor Andrew Cuomo and the New York State Legislature to advance funding and expedite completion of the projects in Broome, Delaware, Sullivan, and Orange Counties on New York State Route 17 (I-86), and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby further request the placement of signage along I-86 recognizing the designation of this highway system as the Daniel Patrick Moynihan Interstate Highway 86 as decreed by the State of New York, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to forward a copy of this resolution to Governor Andrew Cuomo, Honorable Sheldon Silver, Honorable Dean Skelos, Honorable Christopher Friend, Honorable Thomas O’Mara, Honorable Charles Fuschillo, Honorable David Gantt, Honorable Catherine Young, Honorable Thomas Libous, Honorable David Carlucci, Honorable John Bonacic, Honorable William Larkin, Honorable Joseph Giglio, Honorable Daniel Burling, Honorable Gary Finch, Honorable Clifford Crouch, Honorable Peter Lopez, Honorable Nancy Calhoun, Honorable Philip Palmesano, Honorable Annie Rabbit, Honorable Donna Lupardo, Honorable Aileen Gunther, Honorable Andy Goodell, Honorable Thomas Santulli, the Inter-County Association of Western New York, the New York State

SCHUYLER COUNTY LEGISLATURE 28 Association of Counties, and the I-86 Corridor Counties (Cattaraugus, Chautauqua, Allegany, Steuben, Tioga, Broome, Delaware, Sullivan, Orange). Vote 7-0. RESOLUTION NO. 74 Motion by Halpin, Second by Field. RE: AUTHORIZE YOUTH BUREAU/WATKINS GLEN INTERNATIONAL RACEWAY

EMPLOYMENT PROGRAM – YOUTH BUREAU – AS AMENDED WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, The Schuyler County Youth Bureau in collaboration with the Watkins Glen International Raceway are desirous of integrating a temporary seasonal program for the above mentioned youth, and

WHEREAS, the program will employ approximately 50 youth with the wages for the youth and supervisors to be reimburses by Watkins Glen International Raceway. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from April 1, 2012 through August 30, 2014 for youth ages 14 – 20 and that the Chairman of the Legislature be hereby authorized to sign the contract; subject to review by the County Attorney. Vote 6-0. Abstain: Barnes. RESOLUTION NO. 75 Motion by Halpin, Second by Field. RE: AUTHORIZE TANF SUMMER YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU

WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, The Schuyler County Youth Bureau through a contract with the Department of Social Services, will implement the Summer Youth TANF Employment program, provided funds are available, and

WHEREAS, the program will employ up to 20 youth with the wages for the youth and supervisors paid through the TANF money. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from May 1, 2012 through September 30, 2012 for youth ages 14 – 21 and that the Chairman of the Legislature be hereby authorized to sign the contract; subject to review by the County Attorney. Vote 7-0. RESOLUTION NO. 76 Motion by Larison, Second by Halpin. RE: AUTHORIZE GRANT APPLICATION FOR COMMUNITY IMPACT GRANT VIA HOME DEPOT–

OFFICE FOR THE AGING WHEREAS, the Home Depot is offering grants of up to $5,000 available to tax-exempt public service

agencies in the United States that are using the power of volunteers to improve the physical health of their community, and

WHEREAS, the grant program will focus on repairs, refurbishments and modifications to low-income and/or transitional veteran’s housing, and

WHEREAS, the Office for the Aging works in conjunction with the Veterans Services Office of Schuyler County, and

WHEREAS, the Schuyler County Office for the Aging has an established service through the WRAP program to provide home repairs and weatherization, and

WHEREAS, the WRAP program is not being refunded through NYSOFA for 2012-13, and WHEREAS, the Office for the Aging plans to continue case management for WRAP services under the

NY Connects program in an attempt to meet the diverse and numerous needs for home repair and weatherization amongst seniors/veterans in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the Home Depot Foundation’s Community Impact Grant Program, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 77 Motion by Larison, Second by Halpin.

PROCEEDINGS OF THE YEAR 2012 29 RE: AUTHORIZE AGREEMENT WITH JENNIFER GECK FOR PRODUCTION OF GOLDEN GLOW

NEWSLETTER – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as part of its mission to reach the 60 and older

population with related news and information, provides a newsletter in printed and e-mail versions to Schuyler County residents and their caregivers, and

WHEREAS, the Schuyler County Office for the Aging has had an agreement with RSVP to provide man hours to create the layout of the newsletter and send it to the printer, and

WHEREAS, RSVP will no longer have the ability to provide this service in exchange for space in the newsletter, and

WHEREAS, OFA does not have an employee to provide this service, and WHEREAS, OFA has the funds to pay a nominal fee of $50 per newsletter, not to exceed $300 per year,

to continue the newsletter which reaches some 1200 individuals. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to

sign any and all contracts and agreements with Jennifer Geck for the purpose of producing a bi-monthly newsletter for Office for the Aging through the OFA budget account no. 6772.0490 for the term of March 15, 2012 through December 31, 2012, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 78 Motion by Larison, Second by Halpin. RE: AUTHORIZE APPOINTMENT TO THE LOCAL EARLY INTERVENTION COORDINATING

COUNCIL (LEICC) – PUBLIC HEALTH WHEREAS, the Local Early intervention Coordinating Council (LEICC) has vacancies, and WHEREAS, the Early Intervention Official has appointed Shelly Rozell, Occupational Therapist and

Jennifer Rodriquez, Parent to the LEICC. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the

appointment of Shelly Rozell and Jennifer Rodriguez to the Local Early intervention Coordinating Council for a term from March 13, 2012 through December 31, 2012. Vote 7-0. RESOLUTION NO. 79 Motion by Halpin, Second by Larison. RE: RECOGNIZE APRIL 21 – 28, 2012 AS NATIONAL INFANT IMMUNIZATION WEEK – PUBLIC

HEALTH WHEREAS, National Infant Immunization Week is an annual observance to highlight the importance of

protecting infants from vaccine-preventable diseases, and WHEREAS, to celebrate the achievements of immunization programs and their partners in promoting

healthy communities, and WHEREAS, since 1994 National Infant Immunization Week has served as a call to action for parents,

caregivers and healthcare providers to ensure that infants are fully immunized against 14 vaccine-preventable diseases.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes April 21 – 28, 2012 as National Infant Immunization Week. Vote 7-0. RESOLUTION NO. 80 Motion by Halpin, Second by Larison. RE: AUTHORIZE AMENDMENT TO THE 2012 CONTRACT WITH TENELEVEN GROUP, INC. TO

ALLOW PAYMENT OF ADDITIONAL EXPENSES – COMMUNITY SERVICES WHEREAS, Community Services has implemented an Electronic Clinical Record system purchased

from TenEleven Group, Inc., and WHEREAS, Community Services currently uses an e-prescribing service called Dr. First at a cost of

$500 per prescriber and wishes to incorporate these services into the current contract with TenEleven Group, Inc., as part of the Electronic Clinical Record, at that same cost per prescriber as well as a onetime total start up cost of $2,000, and

WHEREAS, the TenEleven Group, Inc has identified necessary upgrades to the current version of the Electronic Clinical Record for which a onetime payment of $6,800 is required to integrate the billing and the

SCHUYLER COUNTY LEGISLATURE 30 clinical record, and

WHEREAS, there is the expectation that the TenEleven Group will incur additional expenses, such as travel and training, related to ongoing maintenance of the Electronic Clinical Record and Community Services is willing to reimburse miscellaneous expenses, as agreed upon in advance by both parties, in an amount not to exceed $2,000 per year.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amendment to the 2012 contract with TenEleven Group, Inc., to allow payment of afore-mentioned items, funding available in the 2012 Community Services Budget account no. 4310.435, subject to the approval of the County Attorney. Vote 7-0. RESOLUTION NO. 81 Motion by Halpin, Second by Larison. RE: AUTHORIZE CONTRACT WITH LOVELL COMPUTER SOLUTIONS – COMMUNITY SERVICES

WHEREAS, the Schuyler County Mental Health Clinic has a need for additional reports from the electronic medical record system that are not included in the software, and

WHEREAS, there is also a need for template creation and training on creating reports, which are also not included in the software, and

WHEREAS, to enhance the performance budget these reports are necessary, and WHEREAS, Lovell Computer Solutions is able to provide the reports, templates and training. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

execute a contract with Lovell Computer Solutions for the Community Services department for the term March 13, 2012 through December 31, 2012 funding available in the 2012 Community Services budget account no. 4310.435, not to exceed $3,000, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 82 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT AMENDMENT WITH THE COUNCIL ON ALCOHOLISM AND OTHER

CHEMICAL DEPENDENCIES OF THE FINGER LAKES AND AUTHORIZE AMENDING THE 2012 BUDGET – COMMUNITY SERVICES WHEREAS, the Community Services Department currently has a contract with the Council on

Alcoholism and Other Chemical Dependencies of the Finger Lakes (Council on Alcoholism) in an amount not to exceed $199,306 for 2012, and

WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has issued a State Aid letter that increases funding to the Council on Alcoholism to $208,056.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute and amendment to the contract with the Council on Alcoholism for alcoholism and substance abuse prevention services, increasing the amount of the contract by $8,570 to an amount not to exceed $208,056, subject to the approval of the County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2012 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$8,750 4322.550 Council on Alcoholism +$8,750 4322-3490 State Aid – Community Services Vote 7-0. RESOLUTION NO. 83 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT AMENDMENT WITH SHARIFUZZAMA SIDDIQUI, M. D. –

COMMUNITY SERVICES WHEREAS, Schuyler County Community Services currently has a contract with Sharifuzzama Siddiqui,

M. D. for 2012 for the provision of psychiatric services on a part-time basis at the rate of $131.00 per hour, and WHEREAS, Schuyler County Community Services would like to increase Dr. Siddiqui’s hourly rate to

$135.00 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

execute an amendment to the 2012 contract with Sharifuzzama Siddiqui, MD, changing his hourly rate to $135.00

PROCEEDINGS OF THE YEAR 2012 31 per hour, funding available in the 2012 budget account no. 4310.435, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 84 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT AMENDMENT WITH S. M. ANWAR AHMED, M. D. – COMMUNITY

SERVICES WHEREAS, Schuyler County Community Services currently has a contract with S. M. Anwar Ahmed, M.

D. for 2012 for the provision of psychiatric services on a part-time basis at the rate of $131.00 per hour, and WHEREAS, Schuyler County Community Services would like to increase Dr. Ahmed’s hourly rate to

$136.00 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

execute an amendment to the 2012 contract with S. M. Anwar Ahmed, M. D. changing his hourly rate to $136.00 per hour, funding available in the 2012 budget account no. 4310.435, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 85 Motion by Barnes, Second by Gifford. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL

CHILDREN WITH DISABILITIES AND EARLY INTERVENTION FROM JULY 1, 2012 – JUNE 30, 2013 – PUBLIC HEALTH WHEREAS, Schuyler County must provide transportation to preschool children with disabilities and early

intervention program. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Public Health be hereby authorized to

advertise for bids for the transportation of preschool children with disabilities and early intervention program from July 1, 2012 through June 30, 2013, and

BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891 no later than 9:15 a.m. on Friday, April 13, 2012. The bids will be opened that same day in the Legislative Office at 9:30 a.m., at which time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the May 14, 2012 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. Vote 7-0. RESOLUTION NO. 86 Motion by Barnes, Second by Gifford. RE: RECOGNIZE APRIL 22-28, 2012 AS WEEK OF THE YOUNG CHILD

WHEREAS, Schuyler Head Start, Inc. and other local organizations, in conjunction with the National Association for the Education of Young Children are celebrating the Week of the Young Child, April 22-28, 2012, and

WHEREAS, these organizations are working to improve early learning opportunities, including early literacy programs, that can provide a foundation of learning for children in Schuyler County, New York, and

WHEREAS, teachers and others who make a difference in the lives of young children in Schuyler County, New York deserve thanks and recognition, and

WHEREAS, public policies that support early learning for all young children are crucial to young children’s futures.

NOW, THEREFOR, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim April 22-28, 2012 as the Week of the Young Child in Schuyler County, New York and encourage all citizens to work to make a good investment in early childhood in Schuyler County, New York. Vote 7-0. RESOLUTION NO. 87 Motion by Barnes, Second by Gifford. RE: AUTHORIZE SCOPE OF WORK TO BE PERFORMED BY CLIMATE CONTROL

TECHNOLOGIES TO CORRECT VENTILATION ISSUE IN SHOP AT SHARED SERVICES BUILDING – BUILDINGS & GROUNDS

SCHUYLER COUNTY LEGISLATURE 32 WHEREAS, Resolution 348-11 authorized a contract with Climate Control Technologies for engineering services for HVAC Building Automation Systems, and WHEREAS, where there is a need to correct the ventilation system in the Shop Truck Bays at the Shared Services Building, and

WHEREAS, Climate Control Technologies has agreed to perform these services per the terms of their Control System Service Agreement. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to expend funds from Buildings and Grounds Capital account 004.1620.209 for the estimated cost of $4,875 as follows:

1. Labor eight (8) hours at the reduced DDC agreement rate of $85 per hour: $680 2. Mileage $0.50 per mile 120 miles: $60 3. Materials, provide two ABB ACH550 VFD’s: $4,135

Total: $4,875, and BE IT FURTHER RESOLVED, that funding for said service is available in Buildings and Grounds

Capital account 004.1620.209. Vote 7-0. RESOLUTION NO. 88 Motion by Karius, Second by Gifford. RE: AUTHORIZE A GRANT AND CONTRACT WITH THE STATE OF NEW YORK BOARD OF

ELECTIONS – COUNTY BOARD OF ELECTIONS WHEREAS, the County Board of Elections has received a HAVA Grant in the amount of $828 per

Contract Number T003300 for the purpose of Voting Access for Individuals with Disabilities, and WHEREAS, the County Board of Elections received Contract Number T003300 from the New York

State Board of Elections in the amount of $828 for said grant funds. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves an

agreement with New York State Board of Elections for Contract Number T003300 in the amount of $828, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to execute

the New York State Board of Elections Contract Number T003300 in the amount of $828 for Voting Access for Individuals with Disabilities, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 89 Motion by Karius, Second by Gifford. RE: ACKNOWLEDGE APPOINTMENTS OF ELECTION INSPECTORS – BOARD OF ELECTIONS WHEREAS, after completing the necessary training and upon certification, the Schuyler County Board of Election Commissioners have made a recommendation of 13 individuals to be appointed as election inspectors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of the following individuals as Schuyler County Election Inspectors for a term effective immediately through July 14, 2012:

REPUBLICANS Teresa Cope, Timothy Jaynes, Debra White, Douglas Mockler, Esther Mast, Lee Phelan, Kay E.

Houghtaling DEMOCRATS

Darlene Bingham, Betty Boggs, Diane Cleary, Mary Ann Freeman, Michele Secord, Sharon Schied Vote 7-0. RESOLUTION NO. 90 Motion by Karius, Second by Gifford. RE: AUTHORIZE AMENDING RESOLUTION NO. 8-12 TITLED “DESIGNATION OF DEPOSITORIES

FOR SCHUYLER COUNTY FUNDS” TO REMOVE HSBC BANK FROM THE LIST OF DEPOSITORIES

WHEREAS, HSBC has been sold to First Niagara and the transition will become effective on May 18th, 2012, and

WHEREAS, First Niagara has informed the Schuyler County Treasurer that they do not wish to handle municipalities banking going forward.

PROCEEDINGS OF THE YEAR 2012 33 NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 8-12 is hereby amended to remove

HSBC, soon to be First Niagara, from the list of depositories for the year 2012. Vote 7-0. RESOLUTION NO. 91 Motion by Gifford, Second by Barnes. RE: AUTHORIZE AMENDING THE CONTRACT WITH MCILROY MANAGEMENT &

CONSULTING – TREASURER’S OFFICE WHEREAS, there is a need for further accounting services to be provided by McIlroy Management & Consulting in the Treasurer’s Office, and WHEREAS, the original agreement with said firm was at a rate of $36/hr, with a not to exceed amount of $10,000, and WHEREAS, it is estimated that the additional work required would be up to an additional $5,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract amendment with McIlroy Consulting for the Treasurer’s Office for accounting services for an additional not to exceed amount of $5,000, funding available in the 2012 budget account no. 1325.435-Professional Fees and Services; subject to approval of the Schuyler County Attorney. Vote 7-0.

RE: AUTHORIZE TRANSFER OF SURPLUS COUNTY PROPERTY TO THE VILLAGE OF ODESSA RESOLUTION NO. 92 Motion by Gifford, Second by Barnes.

WHEREAS, Schuyler County holds title to Parcel 88.13-1-77, in the Village of Odessa, and WHEREAS, this parcel is no longer needed by the County. NOW, THEREFORE, BE IT RESOLVED, that Parcel 88.13-1-77 be declared surplus in accordance with County Law Section 215, and BE IT FURTHER RESOLVED, that Parcel 88.13.-1-77 be transferred to the Village of Odessa, at no cost to the County, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and the County Attorney are hereby directed and authorized to take all steps necessary to complete the transfer of said premises, to include the preparation and signature of all necessary conveyance documents, all costs associated with said documents to be paid for by the Village of Odessa, and BE IT FUTHER RESOLVED, that the Clerk of the Legislature shall prepare a certified copy of this Resolution for transmittal to the County Attorney’s Office and recording in the Schuyler County Clerk’s Office at closing. Vote 7-0. RESOLUTION NO. 93 Motion by Gifford, Second by Barnes. RE: RECOGNIZE THE MONTH OF APRIL 2012 AS NATIONAL COUNTY GOVERNMENT MONTH

“HEALTHY FAMILIES, HEALTHY COUNTIES” WHEREAS, the nation’s 3,068 counties provide a variety of essential public services to communities

serving 300 million Americans, and WHEREAS, Schuyler County and all counties take seriously their responsibility to protect and enhance

the health, welfare and safety of its residents in sensible and cost-effective ways, and WHEREAS, many County government initiatives involve the protection of valuable and vulnerable

environmental resources in communities, and WHEREAS, the National Association of Counties is the only national organization that represents

county governments in the United States, provides essential services to the nation’s counties, advances issues with a unified voice before the federal government, improves the public’s understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value-added services to save counties and taxpayers money, and

WHEREAS, the National Association of Counties first celebrated National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation’s counties to meet the needs of the community, and

WHEREAS, in recognition of the leadership, innovation and valuable service provided by the nation’s counties.

SCHUYLER COUNTY LEGISLATURE 34 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim

April 2012 as National County Government Month in recognition of the leadership, innovation and valuable service provided by our nation’s counties. Vote 7-0. RESOLUTION NO. 94 Motion by Barnes, Second by Gifford. RE: AUTHORIZE TRANSFER OF FUNDS FOR GENERAL LIABILITY INSURANCE – COUNTY

ADMINISTRATOR WHEREAS, the County’s General Liability Policy term runs February 1, 2012 through February 1,

2013, and WHEREAS, budgeting for this coverage is complicated due to the time frame of when the policy begins

and the premium is obtained by our agent, and WHEREAS, the variance of the 2012 budgeted amount for this policy is $33,151.86, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to

transfer $33,151.86 from the Contingency account no. 1990.0500 into account no. 1910.0423 – Insurance-SMP, to cover expense of the General Liability policy. Vote 7-0. RESOLUTION NO. 95 Motion by Barnes, Second by Gifford. RE: AUTHORIZE APPLICATION AND DESIGNATE SCHUYLER COUNTY AS LEAD AGENCY FOR

AN INTER-MUNICIPAL LOCAL GOVERNMENT EFFICIENCY GRANT TO STUDY CONSOLIDATED DELIVERY OF CODE ENFORCEMENT AND BUILDING INSPECTION FUNCTIONS WHEREAS, within Schuyler County, each of the twelve political subdivisions currently perform

independent building inspection and code enforcement functions, and WHEREAS, the Town of Tyrone, Town of Hector, the Village of Burdett, the Village of Watkins Glen,

and Schuyler County Government recognize that this structure creates inefficiencies and redundancies in the provision of this vital public service, and

WHEREAS, each of the aforementioned political subdivisions, along with others to possibly follow, are interested in participating in a study to evaluate alternative forms of delivery of this service, and

WHEREAS, the New York State Department of State has made available funding through the Local Government Efficiency Grant Program, and

WHEREAS, any local share associated with this grant shall be funded by the Schuyler County Partnership for Economic Development (SCOPED), and

WHEREAS, as a requirement of this Grant a lead applicant must be designated. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature assumes the

responsibility of lead applicant for the purpose of accessing the necessary funds to Study consolidated delivery of code enforcement, and

BE IT FURTHER RESOLVED, said Legislature designates Timothy O’Hearn, County Administrator, as the lead applicant Contact Person authorized to execute all financial and/or administrative processes relating to the grant application, and the Chairman to sign any and all documents relative to the Grant Contract; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 96 Motion by Barnes, Second by Gifford. RE: AUTHORIZE ONGOING INTERMUNICIPAL AGREEMENT WITH CHEMUNG COUNTY FOR

HEALTH, DENTAL AND VISION INSURANCE – HUMAN RESOURCES WHEREAS, Resolution No. 331-10 authorized an Inter-Municipal agreement with Chemung County for Health, Dental and Vision Insurance for a term of one year effective January 1, 2011, and WHEREAS, it is the desire of the Management & Finance Committee to renew this agreement with no term.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an ongoing Inter-Municipal Agreement with Chemung County for the provision of health, dental and

PROCEEDINGS OF THE YEAR 2012 35 vision insurance, there being no additional cost other than premium; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 97 Motion by Barnes, Second by Gifford. RE: AUTHORIZE DISPOSITION OF CLAIM – SOCIAL SERVICES WHEREAS, a former employee of the Department of Social Services has filed a claim with the State Division of Human Rights, and WHEREAS, the claimant has agreed to settle the matter and preclude further litigation for damages and attorney fees. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the settlement agreement with Kelly Hall in the sum of $5,000 to be paid from account no. 1930.400-Judgment and Claims, subject to approval by the Schuyler County Attorney. Vote7-0. RESOLUTION NO. 98 Motion by Larison, Second by Gifford. RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) Resolution be brought to the floor Vote 7-0. RESOLUTION NO. 99 Motion by Larison, Second by Barnes. RE: AUTHORIZE THE REINSTATEMENT AND FILLING OF THE KEYBOARD SPECIALIST

POSITION – CIVIL SERVICE WHEREAS, the Personnel Officer in the Civil Service Department was just recently appointed the

Interim Human Resources Director, and as Interim Director was just notified that the Administrative Benefits Manager position in that department is retiring, effective April 21, 2012, and

WHEREAS, the Personnel Officer/Interim Human Resources Director realizes that this retirement will cause both offices to be short staffed with filling vacancies and new staff to be trained, and

WHEREAS, it is the recommendation of the Personnel Office and the County Administrator to reinstate the laid off 17 hour a week Keyboard Specialist position in the Civil Service Department, that occurred last year at budget time, to help with the workload during this transition time, and

WHEREAS, funding for this position can be moved from the 2012 Human Resources budget due to the Human Resources Director remaining on a leave of absence without pay.

NOW, THEREFORE, BE IT RESOLVED, that the Personnel Officer is hereby authorized to reinstate and fill the 17 hour a week Keyboard Specialist position in the Civil Service Department, at the hourly rate of $12.29, effective immediately, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the amount of $10,000 from the Human Resources account no. 1430.100 into the Civil Services account no. 1431.100. DISCUSSION: Legislator Halpin asked if this is contingent on the status of the department staying the way it is right now. Administrator O’Hearn said this position will be needed for a substantial amount of time. With the second announcement of the Human Resources Administrator-Benefits Manager retiring next month, this creates a need and gap in the department. Depending on the direction we go and the filling of the Benefit Administrator position, along with restructuring of both offices, this could very well be permanent. Vote 7-0. NEW BUSINESS:

The Clerk announced that the New York State Association of Counties (NYSAC) is suggesting the Legislature send a letter to Senator O’Mara and Assemblyman Friend regarding the Medicaid Freeze.

MOTION by Legislator Larison to authorize the Chairman to sign the letter on the Legislature’s behalf, SECOND by Legislator Halpin. Chairman Fagan also urged them all to contact Senator O’Mara and Assemblyman Friend via phone and email to urge them to back the Governor’s efforts on mandate relief. He would like to see more efforts on Medicaid, they are tepid at best. Need to cap it and cap spending increases and have the State take it over. NYSAC has proposed an eight year takeover plan. He explained how the rules and regulations work now. Motion carried seven ayes to zero noes.

SCHUYLER COUNTY LEGISLATURE 36 MOTION by Legislator Karius to go into executive session to discuss contract negotiations, SECOND

by Legislator Larison. Motion carried seven ayes to zero noes. MOTION by Legislator Gifford to come out of executive session, SECOND by Legislator Larison. Motion carried seven ayes to zero noes.

Attorney Rossi and Administrator O’Hearn were directed to meet with Andrew Tompkins from the Historical Society and discuss the Certificate of Insurance requirements naming the County as Additional Insured and need to clarify services associated with the contract. UNFINISHED BUSINESS:

MOTION by Legislator Gifford to remove Resolution No. 59-12 from the table, SECOND by Legislator Karius. Motion carried seven ayes to zero noes. RESOLUTION NO. 58 Motion by Gifford, Second by Karius. RE: APPOINTMENT – DEPUTY COUNTY HIGHWAY SUPERINTENDENT - HIGHWAY

DEPARTMENT BE IT RESOLVED, that this Legislature acknowledge the appointment by the Highway Superintendent,

Greg Mathews, of Philip A. Biever, as Deputy County Highway Superintendent, at an annual salary of $50,000, to work 40 hours a week, effective March 26, 2012, said position is in Grade Level G of the Management/Confidential Salary Plan. Vote 6-1. No: Field. REPORT ON STANDING COMMITTEES:

Legislator Larison reported that the Inter County Association of Western New York will be meeting this coming Friday in Genesee County.

Legislator Gifford reported that the I-86 Resolution was brought up from the Southern Tier Central Regional Planning & Development Board meeting, along with from Chemung County Legislature. The Resolution is going out to all counties. He also reported that at the last REDEC meeting they passed and approved of two loans for Schuyler County. One is subject to more information before being approved.

Legislator Halpin reported that there is currently a group of agencies and employees active in the Juvenile Delinquent System and Person in Need of Services (PINS) System that have been meeting recently. They are seeing kids come in as juvenile defenders at younger ages. Some are intractable. This group of people are trying to catch some families and kids at an earlier time, to keep kids out of residential facilities. The only parties that are not at the table are representatives from both schools, either school board members or Superintendents. She hopes they will come up with some proposals to catch kids earlier. Administrator O’Hearn added that what is significant about this effort is that all stakeholders are at the table. Very often communication is the simplest and most effective way. This is a positive move having them all there. Two school Superintendents intended to be there and could not because of conflicts. They will have a separate meeting with the schools at a later date. Their frustration is with the system itself. He felt Legislator Halpin’s comments were right on target. The numbers have escalated. Legislator Barnes said he has received some feedback from the constituency regarding the upcoming code enforcement study. They hope it will help. They feel the lack of affordable housing is an issue also, as there are no other alternatives. Chairman Fagan reported on the Redistricting project the Legislature has started. On March 1, 2012 they held their first meeting involving the public to discuss the Legislative Redistricting efforts and study. Based on that meeting the board has asked the County Planner, Rocky Kambo, to re-evaluate the seven district plan. The first time they looked at a seven district plan they did not have the population figures. When that is accomplished we will call for another public meeting to be held in Room 120 at the Human Services Complex again most likely. They are basically looking at three plans. An eight district, a seven district, and a five district with two at large positions. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn handed out, hot off the press, the Schuyler County Coordinated Public Transit Human Services Transportation Plan. This was updated in 2007. He feels this will be ready to adopt by the Board in April. Please review it for now. The plan reflects the accomplishments set out in 2007. Each County does a separate plan. The New York State Department of Transportation is happy with it and will sign off on it

PROCEEDINGS OF THE YEAR 2012 37 after the board adopts it. He also reported that Mary Hayes from the Mental Health informed him that she was notified last week that the Mental Health Department is the recipient of a PILOT grant funded program, called the BEEP program. It stands for Business Efficiencies Effectiveness Program. It will help them run the clinic better. It is a significant accomplishment, and a onetime only commitment, with no local share costs. It will help them develop best practices and guidance with regulations from the State and Federal Government. He also encouraged the legislators and public to speak to their local town boards and share comments received by constituents regarding the grant for a Code Enforcement Study. Sometimes they are frustrated and feel it has no value. There is also some sediment that there is no problem and this is not necessary to do. They need to hear that from their constituents. The grant application is to be submitted by next week’s deadline. He is optimistic that it will be successful. PUBLIC PARTICIPATION: Mr. Paul Marcellus said the County has made great strides in cost saving measures. He has not been able to make the meetings, but he hopes part of the discussion on redistricting is realigning the costs of elections. He feels it is a good time to look at it. He also commented on the community wanting to create ways to keep children out of juvenile detention. A year after he left the legislative board, he had a conversation that our local judiciary system had made an agreement to send the child to freedom village, saving the taxpayers lots of money and would do the child better than a state facility. He does not remember reviewing what we spent on PINS placement. Administrator O’Hearn explained that when Mr. Marcellus was a legislator they did not have this issue, now it is cheaper to send the child to Harvard than to juvenile placement.

Mr. Jim Howell said in regards to the code enforcement issue, he himself would support county-wide enforcement. With the current watershed local law, it has proven that a county-wide program was beneficial. All tenants realize it now. He knows it is a town problem, more than a village one. Chairman Fagan said people claimed a county-wide assessment program wouldn’t work, and it did. It was proven and shown that it is the most efficient way to go. This study will hopefully evaluate the pros and the cons to plant the seed to implement it. The Meeting adjourned at 7:40 p.m.

Stacy B. Husted, Clerk

REGULAR MEETING APRIL 9, 2012

The April 9, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.

by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Gifford who was excused. The County Administrator, Timothy O’Hearn, and Clerk to the Legislature, Stacy Husted, were both on vacation and not in attendance. County Attorney, Geoffrey Rossi, was present. PUBLIC PARTICIPATION:

Mr. John Olin, a Town of Orange board member and resident, said the County roads in the Town of Orange are an embarrassment to him. When he asked about them he was told that the residents would have to sign a petition to get anything done. He asked the Legislature if other townships have to do the same thing in order to get County roads repaired. Ms. Karen Radenburg spoke regarding Intro No. 1 on the agenda for the Dark Fiber. She wanted to

know if this was going to be a skeleton type thing, and what is it connecting to? She claimed that fiber does not work from just hanging in the air and Verizon does not use this type of fiber as it is old school. Verizon uses 4Gig, and it’s called wireless. She feels the 4 Gig will take care of the various dead spots we have in this area. She also commented on the fact that the Village of Watkins Glen is now buying back the water plant and they cannot pay for their own Police Department. She said some tax payers are wondering what is going on down here. Chairman Fagan explained that Verizon is a major user of this fiber in Ontario County and we have patterned ours after theirs. Ontario County has had major job growth and business expansion from this. The Fiber to Sugar Hill will meet the needs of our Emergency Management Communication needs. Without this, it

SCHUYLER COUNTY LEGISLATURE 38 would cost the tax payers $15 million. This is a savings to the tax payers. One way or the other, Verizon will be involved. Ms. Radenburg asked if anyone has contacted the private companies to join. Chairman Fagan thanked her for her concern and comments. Mr. Mark Rondinaro asked if there was a map of the planned route of where it is going in the county. He also asked if the “last mile of connectivity” had been discussed. If not, he encouraged them to do so. To most businesses this will be important. Chairman Fagan said if a map was available and could be, he would provide one to him.

Mr. Alan Hurley questioned the Police Department Study Resolution that had been adopted last month. He asked that the Legislature keep in mind that this would be correcting an error they made in their budget in the amount of $600,000. He feels they need to make up ways to fix this shortfall. He then informed the Legislators that he had been spending time in the Legislative Office going over the 109 shared services contracts. He is doing this because we have never done this. He said he feels the figures are high and that you all need to look at them. However, in reviewing the shared services agreements, he could not tell the difference between revenue versus expense. He felt they needed to be organized by revenue versus expense. He also felt they should be in the Treasurer’s Office where he has access to them. He then talked about economic development, SCOPED and the sales tax figures for the Town of Tyrone. He feels nothing is happening up in Tyrone to justify these figures. Chairman Fagan offered to set down with Mr. Hurley and explain the figures to him. Mr. Hurley said he would call the Chairman to make an appointment. RESOLUTION NO. 100 Motion by Karius, Second by Barnes. RE: APPROVE THE MINUTES OF THE MARCH 12, 2012 REGULAR MEETING OF THE SCHUYLER

COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the March 12, 2012 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 101 Motion by Barnes, Second by Larison. RE: AUTHORIZE DARK FIBER INDEFEASIBLE RIGHT OF USE (IRU) AGREEMENT WITH

SOUTHERN TIER NETWORK (STN) WHEREAS, Southern Tier Network (STN) owns and operates fiber optic telecommunications networks

in Schuyler County, New York State using rights-of-way, facilities, aerial attachments, underground conduit, poles and towers of various utilities, railroads and governmental entities, and

WHEREAS, the County desires to obtain an indefeasible right of use of specific strands of that “dark fiber” for a definite term, and

WHEREAS, said cost to the County shall be in payment of fees and or gift in kind services payable by the County to STN for the IRU of dark fiber and must equal $188,370 in cash or Gift in Kind. Gift in Kind cannot exceed $18,837.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Southern Tier Network (STN) for Dark Fiber IRU for the term of thirty years commencing on the acceptance date and continuing until the thirtieth anniversary of the acceptance date, funding available in the 911 Reserve Account; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 102 Motion by Barnes, Second by Larison. RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 2012 AMENDING LOCAL LAW NO. 2 OF THE

YEAR 1997 TITLED “PURSUANT TO SECTION 257-C EXECUTIVE LAW AUTHORIZING SCHUYLER COUNTY PROBATION DEPARTMENT TO COLLECT DWI ADMINISTRATIVE FEES” TO UPDATE THE ASSESSMENT PROCESS AND COLLECTION OF DWI SUPERVISION FEES - PROBATION DEPARTMENT

WHEREAS, Local Law No. 2 of the Year 1997 authorizes the Schuyler County Probation Department to assess and collect a DWI supervision fee for all adult cases convicted of a DWI offense, and WHEREAS, the Schuyler County Probation Department has identified a need to update Local Law No. 2 of 1997, Section I, as it does not appear to support assessments and DWI supervision fee collection for adjudicated Youthful Offender cases with DWI offenses, changes in bold text, and WHEREAS, the Schuyler County Probation Department has also identified a need to update Local Law

PROCEEDINGS OF THE YEAR 2012 39 No. 2 of 1997, Section II, as the supervision DWI fee is assessed based on the Federal Poverty guidelines, which is updated yearly, and this section does not account for the yearly changes, changes in bold text.

NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2012 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on May 14, 2012 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO NO. 1 OF THE YEAR 2012 A Local Law Amending Local Law No. 2 of the Year 1997 to update the Assessment Process and

Collection of DWI Supervision Fees. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. LEGISLATIVE INTENT

This Local Law is enacted for the purpose of implementing the provisions of Section 257-c of the Executive Law of the State of New York authorizing a county to require individuals sentenced to a period of probation upon conviction/adjudication of of any crime under Article 31 of the Vehicle & Traffic Law, after the effective date of this Local Law, to pay an administrative fee to the County Probation Department. SECTION 2. PROBATION ADMINISTRATIVE FEE

(a) Every person who shall be sentenced to a period of probation upon conviction of any crime under Article 31 of the Vehicle & Traffic Law, and who is subject to supervision by the Department, shall pay to the Department an administrative fee of not less than $10.00 per month nor more than $30.00 per month, depending upon household size and taxable income in accordance with the Fee Schedule, which is on file in the Legislative Office, based on Federal Poverty Guidelines.

Vote 7-0. RESOLUTION NO. 103 Motion by Barnes, Second by Larison. RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2012 AUTHORIZING THE PROBATION

DEPARTMENT TO ESTABLISH AND COLLECT A ONETIME FEE FROM INDIVIDUALS SERVING A SUPERVISION TERM FOR THE ADMINISTRATION OF DRUG AND ALCOHOL TESTING AS COMPLETED BY PROBATION-PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department routinely conducts drug screens and alcohol lab

testing, at a cost to the department, to enforce terms of probation supervision for persons convicted of a crime and sentenced to probation supervision or supervised under other conditional supervision terms with drug/alcohol testing requirements, and

WHEREAS, Local Law Intro. No. 2 of the year 1997 was enacted for the purpose of implementing the provisions of section 257-c of the Executive Law of the State of New York authorizing a county to require individuals sentenced to a period of probation upon conviction of a crime under article 31 of the Vehicle and Traffic Law, to pay an administrative fee to the County Probation Department, and

WHEREAS, Alcohol and drug testing is often a required condition for individuals serving a term of probation supervision or other term of conditional supervision for individuals convicted of crimes or violations other than, but inclusive of those set forth under Article 31 of the New York State Vehicle and Traffic Law, and

WHEREAS, this proposed Local Law authorizing the Schuyler County Probation Department to collect a onetime drug and alcohol testing fee from all probationers supervised by the Probation Department, would offset the burden of providing revenue taken from the general public to pay for such drug and alcohol testing services.


BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on May 14, 2012 at 6:50 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 2 OF THE YEAR 2012

SCHUYLER COUNTY LEGISLATURE 40 A Local Law allowing the assessment and collection of drug and alcohol testing fees set by the County

Probation Department Pursuant to Article 2 (10) and Article 3 (20) of the Municipal Home Rule Law. Be it enacted by the Legislature of the County of Schuyler as follows: Section I. LEGISLATIVE INTENT It is the intent of this Local Law to defray the costs to the citizens of Schuyler County associated with the administration of drug and alcohol testing services provided by the Schuyler County Probation Department for individuals that have been convicted of a crime and who are currently serving or who will be ordered to serve a sentence of probation, as that term is defined under New York State Penal Law, and including any individual who is subject to a term of interim probation or to a sentence of Conditional Discharge, where, as a condition of supervision, that such individuals are required to submit to drug and alcohol testing, by requiring such individuals to pay a onetime drug and alcohol testing fee of $50 at the onset of their supervision. Section 2. ESTABLISHMENT OF DRUG AND ALCOHOL TESTING FEES (a) Every person who has been sentenced to a period of probation as that term is defined under New York State Penal Law upon conviction of a crime, or who is subject to supervision by the Probation Department under other conditional probation terms with drug/alcohol testing requirements, shall pay to the department a drug and alcohol testing fee of $50 at the onset of their probation case or upon acceptance of their transferred probation case from another county. (b) The Department may waive all or part of the drug and alcohol testing fee where, because of the indigence of the offender, the payment of such fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent of such person for financial support. (c) Monies collected pursuant to this Section shall be deposited by the Department with the County Treasurer and shall be utilized for services by the Department. Section 3. COLLECTION Section 420.10, Subdivision 6, of the Criminal Procedure Law shall govern the collection of this fee; but payment of the drug and alcohol testing fee shall not constitute a condition of any probation sentence. This drug and alcohol testing fee shall not apply to youthful offender probationers. In the event of non-payment of any fees which have not been waived by the local probation department, the county may seek to enforce payment in any manner permitted by law for enforcement of a debt. Section 4. AGREEMENT Every person liable to pay a drug and alcohol testing fee hereunder shall be informed and review a Payment Notification and Agreement in such a form as the Probation Director prescribes. A signature of the individual assessed for the fee is not required on the form. Section 5. RULES AND REGULATIONS The Director of Probation is empowered to adopt departmental policies and procedures necessary to implement this Local Law. Section 6. AMENDMENT OF FEES In the event that the drug and alcohol fee requires an amendment, the County Legislature may, by resolution, amend any portion of the local law prescribed herein. Section 7. AID AND REIMBURSEMENT All drug and alcohol testing fees collected hereunder shall be excluded from consideration by the Division of Probation when it determines state aid reimbursement pursuant to Section 246 of the Executive Law. Section 8. SEPARABILITY 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 shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law directly involved in the controversy in which such judgment shall have been rendered. Section 9. EFFECTIVE DATE This Local Law shall take effect immediately upon final adoption by the Legislature. Vote 7-0. RESOLUTION NO. 104 Motion by Karius, Second by Larison.

PROCEEDINGS OF THE YEAR 2012 41 RE: AUTHORIZE AMENDING 2012 BUDGET FOR THE ACCEPTANCE OF ADDITIONAL FUNDS

FOR THE SUPERVISION AND TREATMENT SERVICES FOR THE JUVENILES PROGRAM – PROBATION WHEREAS, the Probation Department has received an additional $7,000 from the Schuyler County

Department of Social Services for the Supervision and Treatment Services for Juveniles Program from April 1, 2011 through March 31, 2012, and WHEREAS, the Probation Department’s 2012 budget needs to be amended for the acceptance of this

money. WHEREAS, a portion of these allocations are going to offset Departmental staff and administration

salary expenses for enhanced supervision of juveniles. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is herby authorized to

amend the 2012 budget as follows: ACCOUNT NO. AMOUNT DESCRIPTION

3140.1260 +$7,000 STSJP Allocation Revenue 3140.0100 +$6,800 Staff/Administration salary

3140.0409 +$200 Training Vote 7-0. RESOLUTION NO. 105 Motion by Karius, Second by Larison. RE: AUTHORIZE EXTENSION OF THE NEW YORK STATE OFFICE OF INDIGENT LEGAL

SERVICES GRANT, T000032 – PUBLIC DEFENDER WHEREAS, the Public Defender’s Office has received the New York State Office of Indigent Legal Services Grant, T000032, and WHEREAS, said grant term was for a period of June 1, 2011 to May 31, 2012, and WHEREAS, said funds are not currently expended to the full amount and may not be distributed before the expiration of the contract term, May 31, 2012, and WHEREAS, the New York State Office of Indigent Legal Services has provided an agreement to extend the contract period through March 31, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant extension, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby directed to extend the New York State Office of Indigent Legal Services Grant, T000032 accordingly in cooperation with the Public Defender’s Office. Vote 7-0. RESOLUTION NO. 106 Motion by Karius, Second by Larison. RE: ADOPT THE SCHUYLER COUNTY COORDINATED PUBLIC TRANSIT HUMAN SERVICES

TRANSPORTATION PLAN WHEREAS, Resolution No. 305-07 authorized the creation of the Implementation and Oversight

Subcommittee for the Schuyler County Transportation Plan, and WHEREAS, said subcommittee was charged with carrying out the work of the 2007 Transportation

Needs Assessment Plan, and WHEREAS, the purpose of the committee was to develop an updated plan made up of a matrix of short,

mid, and long-range goals, with expected costs, possible revenue sources, and partners, and WHEREAS, the committee has completed this task and the plan is ready for submission to the New

York State Department of Transportation, pending adoption by the Legislature. NOW, THEREFORE, BE IT RESOLVED, that effective immediately, the Schuyler County Legislature

does hereby adopt and direct to be filed in the Legislative Office, the Schuyler County Coordinated Public Transit Human Services Transportation Plan dated March 2012. Vote 7-0. RESOLUTION NO 107 Motion by Halpin, Second by Field. RE: AUTHORIZING AMENDING RESOLUTION NO. 74-11 YOUTH BUREAU/WATKINS GLEN

SCHUYLER COUNTY LEGISLATURE 42 INTERNATIONAL RACEWAY EMPLOYMENT PROGRAM AGREEMENT– YOUTH BUREAU

WHEREAS, Resolution No. 74-11 authorized the Youth Bureau/Watkins Glen International Raceway Employment Program, and

WHEREAS, Watkins Glen International Raceway has initiated the option of a three year contract from April 2012 through August 2014 with provisions for increases in wages and fringe benefits. NOW, THEREFORE, BE IT RESOLVED, that Resolution Number 74-11 be amended to reflect said change and that the Chairman of the Legislature is hereby authorized to sign the Schuyler County Youth Bureau/Watkins Glen International Raceway Employment Program from April 1, 2012 through August 30, 2014, subject to approval by the Schuyler County Attorney. Vote 6-0. Abstain: Barnes. RESOLUTION NO. 108 Motion by Halpin, Second by Field. RE: RECOGNIZE MAY 6 – 12, 2012 AS NATIONAL NURSES’ WEEK – HEALTH SERVICES

WHEREAS, nursing is often described as an art and a science, and WHEREAS, nursing is a profession that embraces dedicated people with varied interests, strengths and

passions because of the many opportunities the profession offers, and WHEREAS, nurses work in public health, mental health, emergency rooms, school based clinics,

homeless shelters, hospitals, doctors’ offices and many others, and WHEREAS, the many roles of nurses range from staff nurses to educators to nurse practitioners and nurse

researchers for the good of patient safety, and WHEREAS qualified nurses are aging out of the workforce but will be needed more in the future, due to

the aging of the general population. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature declares May 6 – 12,

2012 as National Nurses Week, recognizes and applauds all nurses who provide nursing care to the citizens of Schuyler County. Vote 7-0. RESOLUTION NO. 109 Motion by Halpin, Second by Field. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY OF INTERIM DIRECTOR OF

COMMUNITY SERVICES/PUBLIC HEALTH – HEALTH SERVICES WHEREAS, the Director of Community Services/Public Health has submitted his resignation effective March 30, 2012, and WHEREAS, the Search Committee, Community Services Board, along with the Personnel Officer and the County Administrator, have been unsuccessful in finding a replacement at this time, and WHEREAS, it is the recommendation of the Schuyler County Community Services Board that Mary C. Hayes, Clinic Director, be appointed Interim Director of Community Services/Public Health to help with overseeing both the Departments of Community Services and Public Health, and to perform some of the duties of the Director. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves of and acknowledges the appointment by the Community Services Board of Mary C. Hayes as Interim Director of Community Services/Public Health, to be paid a stipend of $250.00 a week, in addition to her regular salary as Clinic Director, for the additional duties and responsibilities, effective April 1, 2012 until such time as a Director is hired or other arrangements are made, funding is available in the 2012 Community Services account no. 4310.100 to cover said compensation. Vote 7-0. RESOLUTION NO. 110 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE A CONTINUATION OF THE NEW YORK STATE CONFERENCE OF LOCAL

MENTAL HYGIENE DIRECTORS SYSTEM OF CARE GRANT FOR 2012 – COMMUNITY SERVICES WHEREAS, the NYS Conference of Local Mental Hygiene Directors (CLMHD) awarded Schuyler

County Community Services a grant for Systems of Care, and

PROCEEDINGS OF THE YEAR 2012 43 WHEREAS, they have awarded a continuation of the grant in the amount of $5,000.00 to Community

Services to expand the development of local partnerships to support System of Care efforts through December 31, 2012, and

WHEREAS, no further application for this continuation of the grant was necessary, and WHEREAS, the continuation of the grant is to promote instillation of Systems of Care values and

accountability for the transformation at the County level. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

sign any and all documents relative to the said grant continuation with the Conference of Local Mental Hygiene Directors for the Community Services Department for the Systems of Care 2012 Grant in the amount of $5,000.00 through December 31, 2012, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 111 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT TO THE PEOPLE WITH DEVELOPMENTAL DISABILITIES

SUBCOMMITTEE - COMMUNITY SERVICES WHEREAS, there is a vacancy on the People with Developmental Disabilities Subcommittee, and WHEREAS, Nancy St. Julien has expressed interest in serving on the Subcommittee to fill the

unexpired term of Bob Burnside. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the

appointment of Nancy St. Julien to the People with Developmental Disabilities Subcommittee for the remainder of the term from April 3, 2012 through December 12, 2012. Vote 7-0. RESOLUTION NO. 112 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH PRACTICE MANAGEMENT ALTERNATIVES, LLC –

COMMUNITY SERVICES WHEREAS, Schuyler County Community Services Mental Health Clinic needs to be able to respond in a

timely manner to an unprecedented number of State and Federal regulatory and process changes, and WHEREAS, given the speed at which the changes are occurring this requires additional expertise,

analytical acumen and training that Community Services does not possess, and WHEREAS, the training that can be provided by Practice Management Alternatives, LLC is essential for

effective clinic operation, will ensure the provision of quality care and compliance with State and Federal regulation and oversight.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Practice Management Alternatives, LLC with the Community Services Department for education and training services for the term April 1, 2012 through December 31, 2013, funding not to exceed $4,500 over the term of the contract, available in the Community Services budget, account number 4310.435 subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 113 Motion by Barnes, Second by Halpin. RE: AUTHORIZE CONTRACT AMENDMENT WITH SCHUYLER COUNTY CHAPTER, NYSARC,

INC. (dba THE ARC OF SCHUYLER) AND AUTHORIZE AMENDING THE 2012 BUDGET – COMMUNITY SERVICES WHEREAS, the Community Services Department has been authorized to enter into a contract with the

Schuyler County Chapter, NYSARC, INC. (doing business as The Arc of Schuyler) in an amount not to exceed $48,846 for 2012, and

WHEREAS, it has been decided that an additional $11,500 authorized in the 2012 State Aid Letter is to be paid to Schuyler County Chapter, NYSARC, INC. (The Arc of Schuyler) as a pass through amount, said amount not included in the 2012 budget, and

WHEREAS, the Office of People With Developmental Disabilities 2012 payment of Federal Salary Sharing is expected to cover that amount.

SCHUYLER COUNTY LEGISLATURE 44 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

execute a contract with Schuyler County Chapter, NYSARC, INC. (The Arc of Schuyler) for developmental disabilities services in the amount of $60,346, subject to the approval of the County Attorney, and

BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2012 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$11,500 4322.0504 Schuyler County Chapter, NYSARC, INC. +$11,500 4322.4490 Federal Aid – Community Services Vote 7-0. RESOLUTION NO. 114 Motion by Barnes, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS FROM THE COMMUNITY SERVICES BOARD RESERVE

ACCOUNT TO BUILDING AND GROUNDS FOR REPAIRS – COMMUNITY SERVICES WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover

expenses related to major projects and repairs at the Mill Creek Center building, and WHEREAS, major repairs are needed at the Mill Creek Center building involving replacement of carpet in

the Rainbow Chaser’s Club and related expenditures, and WHEREAS, Buildings and Grounds has submitted a proposal detailing the estimated cost of this work,

and WHEREAS, the bills for these repairs should be paid from the Community Services Board account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to

transfer $2,500 from the Community Services Board Reserve Account to account no. 4310.427 – Building Repairs for repairs at the Mill Creek Center building. Vote 7-0. RESOLUTION NO. 115 Motion by Barnes, Second by Halpin. RE: ESTABLISH 2012 - 2013 ANNUAL IMMUNIZATION GRANT - PUBLIC HEALTH WHEREAS, Schuyler County’s Annual Immunization Grant will be $30,000 for the period April 1, 2012 through March 31, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2012 - 2013 Immunization Grant Budget. BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 116 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT AMENDMENT WITH PROBATION FOR SUPERVISION AND

TREATMENT SERVICES FOR JUVENILES PROGRAM (STSJP) GRANT FUNDS - SOCIAL SERVICES WHEREAS, the Department of Social Services, as lead agency, has been awarded a Supervision and

Treatment Services for Juveniles Program (STSJP) allocation in the amount of $46,080 from New York State for the purpose of keeping youth out of care, and

WHEREAS, the allocation is to be used to provide services to alleged and adjudicated Persons in Need of Supervision as well as adjudicated and diverted juvenile delinquents, and

WHEREAS, Resolution No. 274-11 authorized the Department of Social Services to contract with the Schuyler County Probation Department in the amount of $9,100 to provide juvenile delinquent diversion services, Enhanced Youth Supervision, Electronic Home Monitoring and Drug and Alcohol Screens, and to contract with the Youth Bureau in the amount of $7,700 to provide Incentives and Training for youth as well as coordinating respite stays, and WHEREAS, the Department of Social Services retained $29,280 to pay for the Respite services coordinated by the Youth Bureau, payment for the Electronic Home Monitoring coordinated by the Probation Department, and certain administrative costs, and WHEREAS, the Department would like to increase the allocation to Probation from the original amount of $9,100 to $16,100 and reduce the amount retained by DSS from $29,280 to $22,280, with no change to the

PROCEEDINGS OF THE YEAR 2012 45 contract with the Youth Bureau. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2012 DSS budget as follows:

amendment to the previous contract with the Schuyler County Probation Department for the Department of Social Services, increasing the amount from $9,100 to $16,100, to provide services to youth with the purpose to keep them out of care for the term April 1, 2011 through March 31, 2012, funds available in the Department’s 2012 budget (lines 6010.552 and 6070.396), subject to approval of the Schuyler County Attorney, and

AMOUNT DESCRIPTION ACCOUNT NO. +$ 7,000 FFFS/Detention Prevention 6010.552 -$ 7,000 Preventive Services 6070.396 +$ 7,000 State Aid – Administration 6010.3610 -$ 7,000 State Aid – Purchase of Services 6070.3670 Vote 7-0. RESOLUTION NO. 117 Motion by Larison, Second by Halpin. RE: AUTHORIZE THE PLANTING OF A TREE IN MEMORY OF WORKER’S MEMORIAL DAY –

BUILDING & GROUNDS WHEREAS, twenty years ago Schuyler County experienced a tragic incident of workplace violence, and WHEREAS, each year April 28th is the date on which Workers’ Memorial Day is observed, and WHEREAS, this year the Chemung/Schuyler Labor Council in cooperation with CSEA Region V

would like to hold their Workers’ Memorial Day ceremony in Schuyler County, and WHEREAS, Region V will be purchasing a memorial tree to honor the memory of the four women –

Florence Pike, Phyllis Caslin, Nancy Wheeler and Denise VanAmburg who lost their lives on October 15th 1992, and

WHEREAS, the tree will be purchased at no cost to the County and has been selected in consultation with both the Building Maintenance Supervisor and the County Administrator

NOW, THEREFORE, BE IT RESOLVED, that the Legislature approves the planting of a memorial tree and Workers’ Memorial Day ceremony on the County Courthouse lawn from 12:00-1:00 on Saturday, April 28th. Vote 7-0. RESOLUTION NO. 118 Motion by Larison, Second by Halpin.

RE: AUTHORIZE A TRI-COUNTY INTERMUNICIPAL AGREEMENT RENEWAL WITH STEUBEN AND YATES COUNTIES – HIGHWAY DEPARTMENT

WHEREAS, Schuyler County Resolution No. 81-07 supported participation in a Shared Municipal Grant Application and Inter-municipal agreement with Steuben and Yates Counties for the purpose of purchasing a Pavement Marking Truck, and WHEREAS, the original inter-municipal agreement has expired and a new five (5) year agreement through 2016 is needed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign a Tri-County Inter-municipal Agreement with Steuben and Yates Counties for the Highway Department

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Steuben County Commissioner of Public Works, Yates County Highway Superintendent, and any other appropriate officials.

for the term of five years, effective upon signing through December 31, 2016, funding available in the Highway Department budget account no. 5110.522-Pavement Striping, to pay for shared maintenance; contract subject to approval of the Schuyler County Attorney, and

Vote 7-0. RESOLUTION NO. 119 Motion by Larison, Second by Barnes. RE: AUTHORIZE CHANGE ORDER WITH SILVERLINE CONSTRUCTION, INC. FOR THE COUNTY ROAD 4 OVER SAWMILL CREEK BRIDGE PROJECT – HIGHWAY DEPARTMENT

SCHUYLER COUNTY LEGISLATURE 46 WHEREAS, Resolution No. 301-11 authorized a contract with Silverline Construction Inc.’s for construction of County Road 4 Bridge Replacement, at a cost of $872,577.00, and WHEREAS, the construction inspection firm, Hunt Engineers, for the said project, has ordered a change for additional work in said project in the amount of $80,000.00, due to unforeseen soft shale resulting in additional stabilization causing more excavation and concrete expenses, and

WHEREAS, funding for the said project is in the 2012 budget with reimbursements of 80% Federal, and 15% State, with a local share of 5%.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said Change Order at a cost of $80,000 with Silverline Construction, Inc., increasing the contract amount from $872,577.00 to $952,577.00 for the County Road 4 Bridge Replacement, funding available in the 2012 budget account no. 002.5120.597, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 120 Motion by Larison, Second by Barnes. RE: AUTHORIZE MAINTENANCE AGREEMENT WITH EASTERN COPY FOR SEVEN (7)

PURCHASED COPIERS IN VARIOUS DEPARTMENTS– PURCHASING DEPARTMENT WHEREAS, the current copier lease with Eastern Copy Products has expired and the County will lease

new copiers from another vendor, and WHEREAS, the County currently has seven (7) purchased copiers that will need continued coverage

under a Maintenance Agreement, and WHEREAS, Eastern Copy Products has agreed to issue a maintenance contract for these copiers at the

NYSOGS rate of .0009/copy with a term effective upon signing for twelve months. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a maintenance agreement with Eastern Copy Products at a cost of .0009/copy with a term of twelve months upon signing, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 121 Motion by Larison, Second by Barnes. RE: AUTHORIZE AGREEMENT WITH CHEMUNG CANAL TRUST COMPANY FOR THE VISA

BUSINESS CREDIT CARD PROGRAM – PURCHASING WHEREAS, the County currently has commercial credit cards through HSBC’s Visa Business Corporate Card Program, and WHEREAS, HSBC Bank USA, NA will no longer be offering this service, and WHEREAS, the Purchasing Department and Treasurer’s Office have researched credit cards programs with several banks and determined that Chemung Canal Trust Company offers a similar program that would best suit the County’s needs. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Chemung Canal Trust Company to supply us with Visa Business Credit Cards to be used strictly for County business, at no annual fee, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 122 Motion by Halpin, Second by Larison.

RE: RECOGNIZE THE WEEK OF APRIL 15-21, 2012 AS “NATIONAL VOLUNTEER WEEK” WHEREAS, the citizens of Schuyler County have, through selfless dedication, given of themselves for the betterment of this community, and

WHEREAS, these citizens serve the agencies and institutions of Schuyler County through countless hours of volunteering.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby recognize April 15-21, 2012 as “National Volunteer Week” in Schuyler County, and BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue to enrich our lives, through their most excellent example, their warmth, commitment and generosity, being an inspiration to all of us. To each of them we express the thanks of a grateful citizenry. Vote 7-0. RESOLUTION NO. 123 Motion by Halpin, Second by Larison.

PROCEEDINGS OF THE YEAR 2012 47 RE: RESOLUTION TO RE-ALIGN PETTY CASH ACTIVITIES WITHIN THE COUNTY TO

PROPERLY REFLECT CURRENT NEEDS, AND ENHANCE CASH MANAGEMENT THROUGH THE TREASURER’S OFFICE

WHEREAS, the County currently has petty cash accounts of varying amounts with various departments as indicated on file with the Treasurer’s Office, and WHEREAS, the Treasurer’s Office has conducted an in depth research as to the current needs of those departments to handle cash transactions, and WHEREAS, the Treasurer’s Office seeks to remove Petty Cash funds within the County where not necessary, and to confirm adequate cash requirements with those departments where cash transactions are necessary. NOW, THEREFORE, BE IT RESOLVED, that all departments listed below with a Petty Cash Fund are to relinquish and return their current Petty Cash Fund to the Treasurer’s Office, and BE IT FURTHER RESOVLED, that balances will be re-aligned by the Treasurer’s Office for those Petty Cash funds that are being kept and/or altered from historical levels; and that all departments going forward holding Petty Cash Funds understand that a bi-annual audit by a representative of the Treasurer’s Office will be conducted to ensure integrity of those Petty Cash funds, and that the transactions necessary to maintain those funds fall under acceptable GAAP guidelines.

DEPARTMENT AMOUNT Civil Service $20.00 District Attorney $30.00 Historian $50.00 Legislature $50.00 Probation $50.00 Watershed $100.00

Vote 7-0. RESOLUTION NO. 124 Motion by Halpin, Second by Larison. RE: ADOPT POLICY FOR HIRING GUEST SPEAKERS AND TEACHERS, ETC. FOR CLIENT

RELATED PROGRAMS WHEREAS, Administration Policy 2.14 established guidelines for Department Administrators who are

required to provide training for employees to be allowed to request speakers, teachers, etc. to provide such services on site and authorized to provide a meal and/or pay for any related expenses, such as an honorarium, hotel or mileage, etc., and

WHEREAS, there have been several situations where a Department Administrator has had to request a speaker or teacher for client related training, not for employees, and the current policy does not address this, and

WHEREAS, it is the recommendation of the Management and Finance Committee that the County Administrator be responsible for authorizing such request as submitted by the Department Head, and

WHEREAS, approval is contingent upon availability of funds and subsequent payment is subject to the review of the Schuyler County Auditor. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature adopts a new policy 2.14A, allowing hiring guest speakers and teachers, etc. for client related training with approval by the County Administrator, using the appropriate forms, to read as follows below, and

BE IT FURTHER RESOLVED, that a standard agreement, approved by the Schuyler County Attorney, be incorporated into the policy for the Department Head and provider to sign and agree on terms and payment for said training, and

BE IT FURTHER RESOLVED that the attached policy shall become part of the Schuyler County Administrative Manual.

2.14A Hiring of Guest Speakers, Teachers, Etc. for Client Related Training Department Administrators who are required to provide training for their clients and wish to provide a

meal and/or pay for any related expenses, such as an honorarium, hotel or mileage are to submit a “Request for Client Related Presentation” to be authorized by the County Administrator. Upon approval, a standard agreement is to be executed between the provider and the department head. Both

SCHUYLER COUNTY LEGISLATURE 48 forms are available in the AC folder.

Vote 7-0. RESOLUTION NO. 125 Motion by Larison, Second by Barnes. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR HUMAN RESOURCES

ADMINISTRATOR-BENEFITS MANAGER POSITION BE IT RESOLVED, that this Legislature acknowledge the appointment by Lorry Johnson, Interim

Human Resources Director, of Karen Spaccio as Human Resources Administrator-Benefits Manager, at an annual salary of $45,000, effective April 23, 2012, said position is in Grade Level G of the Management/Confidential Salary Plan. Vote 7-0. RESOLUTION NO. 126 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT RENEWAL WITH RICHARD PIERCE FOR INVESTIGATIVE

SERVICES – DISTRICT ATTORNEY WHEREAS, the current contract for Investigative Services with Richard Pierce will expire March 31,

2012, and WHEREAS, there is still a need for investigative services for the District Attorney’s Office as a result of

the number of criminal cases pending in Schuyler County for another two months, and WHEREAS, the District Attorney requests that a contract with Richard Pierce be renewed for investigative services to the District Attorney’s Office for sixty days, with compensation to be paid at an hourly rate of $30.00, for a minimum of 12 hours per week, up to $13,000 annually, plus mileage reimbursement at the County rate. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contact renewal with Richard Pierce for investigative services to be provided to the District Attorney’s Office beginning April 1, 2012 through May 31, 2012, as long as grant funds are available; said contract with Richard Pierce is to include compensation at a hourly rate of $30.00, for a minimum of 12 hours per week, plus mileage, to be paid according to paragraph 6 of the contract, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 127 Motion by Larison, Second by Barnes. RE: ACKNOWLEDGE APPOINTMENT TO THE LAMOKA/WANETA LAKES PROTECTION &

REHABILITATION DISTRICT WHEREAS, there is a vacancy to fill the unexpired term of Joe Sevier on the Lamoka/Waneta Lakes

Protection & Rehabilitation District, and WHEREAS, Cartha Conklin has been appointed by the Town of Tyrone Board to fill said vacancy. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby approves the

appointment of Cartha Conklin to the Lamoka/Waneta Lakes Protection & Rehabilitation District to fill the unexpired term of March 13, 2012 through December 31, 2012. Vote 7-0. RESOLUTION NO. 128 Motion by Barnes, Second by Halpin. RE: AUTHORIZE GRANT APPLICATION FOR NEW YORK STATE SUICIDE PREVENTION

INITIATIVE 2012 MHANYS LOCAL MINI-GRANTS – YOUTH BUREAU WHEREAS, the Youth Bureau is a member of the Suicide Awareness for Everyone Coalition in

Schuyler County, and WHEREAS, this coalition has been formed to bring public awareness, support and education to the

community, and WHEREAS, the grant covers the period from June 1, 2012 to December 31, 2012, and WHEREAS, the Schuyler County Youth Bureau will be the oversight and fiscal agency for the grant,

and WHEREAS, the MHSNYS Local Mini Grant offers funding up to $10,000 and there is no local match.

PROCEEDINGS OF THE YEAR 2012 49 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

sign the aforementioned grant application for funding for the MHANYS Local Mini-Grants and any subsequent contracts; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 129 Motion by Barnes, Second by Halpin. RE: RESOLUTION CONCERNING THE CHEMUNG WATERSHED RISK MAP PROJECT OF THE

FEDERAL EMERGENECY MANAGEMENT AGENCY WHEREAS, the Federal Emergency Management Agency (FEMA) is undertaking the process of

updating Flood Insurance Rate Maps (FIRMs) for the Chemung Watershed Risk Mapping, Assessment, and Planning (Risk MAP) project (which includes the Cohocton River watershed, but not the Tioga and Canisteo River watersheds), and

WHEREAS, FEMA has developed a Coordinated Needs Management Strategy (CNMS) for assessing flood hazard mapping needs every 5 years, which forms the basis for allocating funds for needed restudies, and

WHEREAS, FEMA has not conducted a CNMS validation analysis for more than 60% of the stream miles in the Chemung Watershed (classified as “to be determined”), including many streams that have not been studied or assessed since the 1970s and 1980s, and

WHEREAS, FEMA conducted a “Discovery” process, including four meetings in May 2011, in which local participants provided input concerning flood hazards, data, and mapping needs, and

WHEREAS, FEMA's Guidelines and Standards specify that FEMA must coordinate with watershed stakeholders about the scope of the flood risk project, the expected impacts of potential study results, and development of a project charter prior to initiating a flood risk project (Guidelines and Specifications for Flood Hazard Mapping Partners, Appendix I: Discovery), and

WHEREAS, FEMA distributed a Discovery Report and Discovery Maps in December 2011 that include a Proposed Scope of Study about which local reviewers have expressed significant concerns, including the failure to include study requests made by watershed stakeholders during the Discovery process, and

WHEREAS, in the absence of post-Discovery meeting coordination by FEMA, local comments regarding the Proposed Scope of Study and errors in the Discovery information are being assembled and will be provided to FEMA by Southern Tier Central Regional Planning and Development Board, and

WHEREAS, FEMA began field surveys on October 5, 2011 and is undertaking analysis for the Chemung Watershed Risk MAP project, but did not conduct the required coordination with local stakeholders about the scope of work, products to be provided, or the expected impacts.

NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature requests that the Federal Emergency Management Agency discontinue all field surveying, flood hazard analysis, and mapping work for the Chemung Watershed Risk MAP project until such time as the Discovery portion of the project is successfully completed, including: validation analysis of all streams in the study area (including stream reaches that were not previously studied), documentation of flood hazard study requests received from watershed stakeholders, correction of errors in the Discovery Report and Maps, coordination with impacted municipalities to discuss expected impacts of potential study results, coordination with local stakeholders to develop a mutually acceptable project scope, and participation in a meeting about certification of levees that was requested in July 2011, and

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Thomas Reed, FEMA Regional Director Lynn Gillmore Canton, FEMA Risk Analysis Division Director Doug Bellomo, FEMA Project Manager Robert Schaefer, and NYSDEC Chief of Floodplain Management Section William Nechamen. Vote 7-0. RESOLUTION NO. 130 Motion by Barnes, Second by Halpin. RE: AUTHORIZE THE CREATION AND FILLING OF A PUBLIC HEALTH SPECIALIST POSITION -

PUBLIC HEALTH WHEREAS, the Public Health Department has been unable to fill the less than full time (20 hours

week) Public Health Nurse position, and WHEREAS, the Public Health Department has functions that do not require a nursing license, and

SCHUYLER COUNTY LEGISLATURE 50 WHEREAS, the Public Health Department is requesting to create a less than full time (20 hour) Public

Health Specialist position to fill instead of the less than full time Public Health Nurse Position , upon the approval of the County Administrator, and

WHEREAS, funding for this position is included in the 2012 budget. NOW, THEREFORE, BE IT RESOLVED, that the Public Health Department is hereby authorized to

create and fill the Public Health Specialist position at an hourly rate of $21.69, to be placed in Grade 11, as set forth in the Administrative Contract. Vote 7-0. RESOLUTION NO. 131 Motion by Barnes, Second by Halpin. RE: AUTHORIZE AMENDING RESOLUTION NO. 43-12 TITLED” AUTHORIZE LEASE

AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR TWO NEW VEHICLES – SHERIFF’S DEPARTMENT” TO REDUCE THE PRICE OF THE LEASE WHEREAS, Resolution No. 43-12 authorized a lease agreement with Ford Credit Company in the

amount of $18,352.05 annually, and WHEREAS, the County has learned that they can join a municipal bid that is less, therefore the

Resolution now needs to be amended to reflect this change. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 43-12 be amended to now read as

follows with changes in bold: “NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a three-year lease agreement with Ford Motor Credit Company for the Sheriff’s Department for two (2) 2012 Dodge Chargers, through the State leasing procedure in the total amount of $18,213.34 annually, funding available in each budget year account nos. 3110.204, for $8,852.05 and account no. 3315.0204 and for $8,000.00; and the remaining amount of $1,500.00 from account no. 3110.0444; subject to approval of the Schuyler County Attorney.” Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES:

Legislator Larison reminded the Legislators that we are hosting the Inter County meeting this month at the Montour Falls Moose Club. He feels this is an honor to be able to host it here and have asked for the Legislators support. He has extended an invitation to Senator O’Mara and Assemblyman Friend to attend and give us some updates from Albany. Chairman Fagan informed the public present that we will be holding another Legislative Redistricting Committee meeting the first week of May sometime. The Planning Director has proposed an alternate to the seven district plan. At his first glance he said the numbers do not look too bad, however the map may not be that good. The new plans will force a major change in our current voting districts. He instructed the Planning Director to do what he needed to do. They will be looking at three or four alternatives at this meeting. The date and time will be publish on the County’s web site and notice to the press will also be given. COUNTY ADMINISTRATOR’S REPORT: PUBLIC PARTICIAPTION:

None.

Mr. John Olin, from the Town of Orange, asked if circulating petitions for road repair was standard operating procedure. Chairman Fagan said he didn’t think so, but he plans on asking our Highway Superintendent. He committed to Mr. Olin that he would get back to him.

Mr. Alan Hurley asked about the bridge in Tyrone and the progress as well as the re-assessments in Tyrone. Chairman Fagan informed Mr. Hurley that they have poured concrete and the plan is to complete the bridge by Memorial Day. Mr. Tom Bloodgood, Real Property Tax Director, informed Mr. Hurley that each town holds a grievance day and that any tax payer has this option to attend.

Mr. Mark Rondinaro requested that the next redistricting meeting also be posted on The Odessa File and not just the County’s web site. Chairman Fagan asked the Deputy Clerk to make sure The Odessa File was notified of the meeting. The Deputy Clerk said she will make sure that happens.

The Meeting Adjourned at 7:10 pm

PROCEEDINGS OF THE YEAR 2012 51 Jamee L. Mack, Deputy Clerk

REGULAR MEETING

MAY 14, 2012

The May 14, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislator Field who was excused. The County Administrator, Timothy O’Hearn, and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION:

Mr. Alan Hurley commented on the Bridge Project in the Town of Tyrone and how it was a good job well done. He also expressed his concern with the Redistricting issue. He has concerns with a seven (7) member Legislature versus and eight (8) member Legislature. He feels the people would have more of an equal representation with eight (8) versus a seven (7) member Board.

6:45 P.M PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1 OF THE YEAR 2012 AMENDING LOCAL LAW NO. 2 OF THE YEAR 1997 TITLED “PURSUANT TO SECTION 257-C EXECUTIVE LAW AUTHORIZING SCHUYLER COUNTY PROBATION DEPARTMENT TO COLLECT DWI ADMINISTRATIVE FEES” TO UPDATE THE ASSESSMENT PROCESS AND COLLECTION OF DWI SUPERVISION FEES - PROBATION DEPARTMENT:

Chairman Fagan requested that the Probation Director, Chris Rosno, explain the Local Law. Chris Rosno explained that this new Local Law and how it clears up the conflicting language in the existing law. There was no comment from the public. 6:50 P.M PUBLIC HEARING RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2012 AUTHORIZING THE PROBATION DEPARTMENT TO ESTABLISH AND COLLECT A ONETIME FEE FROM INDIVIDUALS SERVING A SUPERVISION TERM FOR THE ADMINISTRATION OF DRUG AND ALCOHOL TESTING AS COMPLETED BY PROBATION-PROBATION DEPARTMENT:

Chairman Fagan again requested the Probation Director, Chris Rosno, to explain the Local Law. Chris Rosno explained that the fees collected would be used to offset the costs of the required tests, some of which are very expensive. They can run from $20.00 - $75.00 per test. Chris explained that this is also a onetime charge. Mr. Alan Hurley asked if these tests are State mandated. Chris replied, no. The County currently pays for the tests and the fees collected would then offset the costs. RESOLUTION NO. 132 Motion by Karius, Second by Gifford. RE: APPROVE THE MINUTES OF THE APRIL 9, 2012 REGULAR MEETING OF THE SCHUYLER

COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the April 9, 2012 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 133 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER MITIGATION GRANT – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for the

Pre-Disaster Mitigation Planning Grant for HMGP-1957-1993-4020-4031, and WHEREAS, the grant provides matching funds by the Federal Emergency Management Agency to help

reduce or eliminate the impacts of disaster, and WHEREAS, Mitigation plans are required to be updated on a 5 year cycle, and

WHEREAS, you must have an approved plan to be eligible for funding in the event of a disaster, and WHEREAS, Schuyler County’s plan is due to expire in 2013, and

WHEREAS, Emergency Management wishes to apply for up to $50,000 to update our plan. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office; said documents subject to approval by the Schuyler County Attorney.

SCHUYLER COUNTY LEGISLATURE 52 Vote 7-0. RESOLUTION NO. 134 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR STATE HOMELAND SECURITY PROGRAM –

EMERGENCY MANAGEMENT & LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM – SHERIFF WHEREAS, the New York State NYS Office of Homeland Security offered counties money for

Homeland Security Preparedness, and WHEREAS, the Emergency Management Office wishes to apply for $37,500 under the State Homeland

Security Program, and WHEREAS, the Sheriff wishes to apply for $12,500 under the State Law Enforcement Terrorism

Prevention Program, and WHEREAS, these funds are 100% with no local match.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the State Homeland Security Program and State Law Enforcement Terrorism Prevention Program Grants; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 135 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE AN APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY

PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT WHEREAS, the New York State Emergency Response Commission has announced that grants are available to Local Emergency Planning Committees (LEPCs), and WHEREAS, Planning grant money is now available for grant year Nineteen October 1, 2011 through September 30, 2012, and WHEREAS, the purpose of these grants are to improve and implement emergency plans under the Emergency Planning and Community Right-to-Know Act of 1986, and WHEREAS, we have been invited to apply for the grant with an award of a minimum $3,163.00 for year nineteen. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office, said documents subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 136 Motion by Barnes, Second by Halpin. RE: AUTHORIZE AGREEMENT WITH IMPACT FOR A PROJECT TO REPLACE THE COMPUTER

AIDED DISPATCH (CAD) SYSTEM – EMERGENCY MANAGEMENT WHEREAS, twenty one (21) New York Codes, Rules and Regulations (NYCRR) Part 5203.2(b) states

that all Public Service Answering Points (PSAPs), shall have the ability to integrate multiple systems into one operational system, and

WHEREAS, it is the advice of the Emergency Management Office with input from the Information Technology Department to upgrade the existing eight year old Computer Aided Dispatch (CAD) System, and

WHEREAS, Emergency Management recommends utilizing a State Bid Contract and entering into an agreement with Impact to purchase, install and provide annual maintenance for one year from the time the system goes online of Records Management System (RMS), Advanced Mobile Online (AMO), Visual Computer Aided Dispatch (VCAD) and VSTAT (Virtual status monitoring), at a cost of $67,331.14.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the above contract with Impact, funding is available from State Homeland Security Program FY08, FY09 and FY10 Grant funds; subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 137 Motion by Barnes, Second by Halpin. RE: AUTHORIZE AGREEMENT WITH IMPACT FOR A PROJECT TO PURCHASE ADDITIONAL

MODULES OF THE COMPUTER AIDED DISPATCH (CAD) PROGRAM – EMERGENCY MANAGEMENT

PROCEEDINGS OF THE YEAR 2012 53 WHEREAS, twenty one (21) New York Codes, Rules and Regulations (NYCRR) Part 5203.2(b) states

that all Public Service Answering Points (PSAPs), shall have the ability to integrate multiple systems into one operational system, and

WHEREAS, it is the advice of the Emergency Management Office with input from the Information Technology Department to incorporate Mobile Records and Text Messaging modules to the Computer Aided Dispatch (CAD) replacement project, and

WHEREAS, Emergency Management recommends utilizing a State Bid Contract and entering into an agreement with Impact to purchase, install and provide annual maintenance for one year from the time the system goes online, of Mobile Records and Text Messaging, at a onetime cost of $17,895.00 for the project and an annual maintenance fee of $4,770.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the above contract with Impact, funding is available from Emergency Management 2012 budget; subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 138 Motion by Barnes, Second by Halpin. RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2012 AUTHORIZING THE PROBATION

DEPARTMENT TO ESTABLISH AND COLLECT A MONTHLY ADMINISTRATIVE SUPERVISION FEE FROM INDIVIDUALS SERVING A PROBATION SUPERVISION TERM -PROBATION DEPARTMENT WHEREAS, Local Law Intro. No. 2 of the year 1997 was enacted for the purpose of implementing the

provisions of section 257-c of the Executive Law of the State of New York authorizing a county to require individuals sentenced to a period of probation upon conviction of a crime under article 31 of the Vehicle and Traffic Law, to pay an administrative fee to the County Probation Department to offset supervision costs, and

WHEREAS, the proposed Local Law Intro. No. 3 of the year 2012, authorizing the Schuyler County Probation Department to collect a monthly administrative supervision fee ranging from $10-$30 for each person convicted of a crime and placed under probation supervision or subject to a term of interim probation or other condition of supervision, would offset the burden of cost to the general public for services as provided by the Probation Department.


BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on June 11, 2012 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 3 OF THE YEAR 2012 A Local Law allowing the assessment and collection of a monthly administrative supervision fee as set

by the County Probation Department Pursuant to Article 2 (10) and Article 3 (20) of the Municipal Home Rule Law. Be it enacted by the Legislature of the County of Schuyler as follows: Section I. LEGISLATIVE INTENT It is the intent of this Local Law to require individuals currently serving a probation sentence as that term is defined under New York State Penal Law upon conviction of a crime, or subject to a term of interim probation or other conditions of supervision by the Probation Department, to pay a monthly administrative supervision fee of not less than $10.00 and no more than $30.00 per month to the Probation Department. This fee is intended to offset the burden of cost to the general public for services as provided by the Probation Department. Section 2. ESTABLISHMENT OF A MONTHLY ADMINISTRATIVE SUPERVISION FEE (a) Every person who has been sentenced to a period of probation as that term is defined under New York State Penal Law upon conviction of a crime, or who is subject to supervision by the Probation Department under other conditional probation terms, shall pay to the department a monthly administrative supervision fee not less than $10.00 per month nor more than $30.00 per month.

SCHUYLER COUNTY LEGISLATURE 54 (b) This fee will be applicable at the onset of a probation case or upon acceptance of a transferred probation case from another county following the passage of this local law. (d) The Probation Department shall determine the administrative fee upon review of the household and financial income in accordance with a fee schedule based on Federal Poverty Guidelines, in such form and manner as the Director of Probation shall determine. Changes in either household compensation or financial status may result in revision of fees. (b) The Department may waive all or part of the administrative supervision fee where, because of the indigence of the offender, the payment of such fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent of such person for financial support. (c) Monies collected pursuant to this Section shall be deposited by the Department with the County Treasurer and shall be utilized for services by the Department. Section 3. COLLECTION (a) Section 420.10, Subdivision 6, of the Criminal Procedure Law shall govern the collection of this fee; but payment of the administrative supervision fee shall not constitute a condition of any probation sentence. This administrative supervision fee shall not apply to youthful offender probationers. In the event of non-payment of any fees which have not been waived by the local probation department, the county may seek to enforce payment in any manner permitted by law for enforcement of a debt. Section 4. AGREEMENT Every person liable to pay an administrative supervision fee hereunder shall be informed of said fee and review a Payment Notification and Agreement in such a form as the Probation Director prescribes. A signature of the individual assessed for the fee is not required on the form. Section 5. RULES AND REGULATIONS The Director of Probation is empowered to adopt departmental policies and procedures necessary to implement this Local Law. Section 6. AMENDMENT OF FEES In the event that the administrative supervision fee requires an amendment, the County Legislature may, by resolution, amend any portion of the local law prescribed herein. Section 7. AID AND REIMBURSEMENT All administrative supervision fees collected hereunder shall be excluded from consideration by the Division of Probation when it determines state aid reimbursement pursuant to Section 246 of the Executive Law. Section 8. SEPARABILITY 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 shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law directly involved in the controversy in which such judgment shall have been rendered. Section 9. EFFECTIVE DATE This Local Law shall take effect immediately upon final adoption by the Legislature. Vote 7-0. RESOLUTION NO. 139 Motion by Gifford, Second by Barnes. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012/2013 NEW YORK STATE

VIOLENCE AGAINST WOMEN GRANT (VAWA) - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services

for the purpose of assisting the Schuyler County District Attorney’s Office with retaining a designated prosecutor for violence against women, train law enforcement and identify and correct issues in our County regarding prosecution of violent crimes against woman, and

WHEREAS, this Grant is estimated to be in the amount of $31,000 (with no County match). NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County

District Attorney to submit a grant application for 2012/2013 NYS VAWA Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District

Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds,

PROCEEDINGS OF THE YEAR 2012 55 estimated to be $31,000 (with no County match); said documents subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 140 Motion by Gifford, Second by Barnes. RE: AUTHORIZE CONTRACT BETWEEN THE COUNTY OF SCHUYLER AND THE VILLAGE OF

WATKINS GLEN FOR INVESTIGATIVE SERVICES - DISTRICT ATTORNEY WHEREAS, the current contract for Investigative Services with Richard Pierce will expire May 31, 2012, and

WHEREAS, there is still a need for investigative services for the District Attorney’s Office as a result of the number of criminal cases pending in Schuyler County, and the District Attorney believes that an investigator enhances his ability to prosecute the extensive number of criminal offenses within Schuyler County, and WHEREAS, the Village of Watkins Glen has agreed to enter into a contract with the County of Schuyler, providing the District Attorney’s Office with an Investigator (Richard Pierce) to perform the investigative services required by that office; and the District Attorney’s Office has agreed to reimburse the Village of Watkins Glen for the cost of the services provided at a rate of $13,000 annually, plus mileage and expense reimbursement at the County rate. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Village of Watkins Glen for investigative services to be provided to the District Attorney’s Office beginning June 1, 2012 through May 31, 2013, as long as grant funds are available, in the amount of $13,000 annually, plus mileage and expenses, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 141 Motion by Gifford, Second by Barnes. RE: AUTHORIZE AMENDING RESOLUTION NO. 71-12 TITLED “AUTHORIZE ONGOING

CONTRACTS WITH THE VILLAGE OF MONTOUR FALLS, THE VILLAGE OF ODESSA, 208 BROADWAY, LLC, AND ARNOT MEDICAL SERVICES FOR BUS SHELTERS”

WHEREAS, Resolution No. 71-12 authorized ongoing contracts with numerous entities for the placement of bus shelters, and WHEREAS, Arnot Medical Services is requesting a license fee in the amount of $1.00 to be paid to them for the placement of the County Bus Shelter on their property, and WHEREAS, this requires an amendment to the Resolution authorized in March to authorize such payment. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 71-12 is hereby amended to add an additional Whereas clause to read as follows: “WHEREAS, Arnot Medical is to be paid a license fee in the amount of $1.00.” Vote 7-0. RESOLUTION NO. 142 Motion by Halpin, Second by Gifford.RE: AUTHORIZE ONGOING INTERMUNICIPAL AGREEMENTS WITH ALL TOWNS AND

VILLAGES REGARDING THE SCHUYLER COUNTY PLANNING COMMISSION FUNCTION

WHEREAS, there is a need to have inter-municipal agreements with all Towns and Villages to identify a procedure by which to expedite certain municipal zoning and planning action referrals from the local board to the County Planning Commission pursuant to New York State General Municipal Law (GML) Section 289-l, m and n, and WHEREAS, the purpose of these agreements are to reduce the time required to process County Planning Commission reviews of certain municipal zoning and planning action referrals with involve matters of a local rather than inter-community or County-wide concern, and WHEREAS, the County Planning Commission has adopted a schedule of zoning and planning actions and determined to be typically of a local rather than inter-community or County-wide concern, and is attached hereto as Exhibit A and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute ongoing inter-municipal agreements with all eight Towns and four Villages for the Schuyler County Planning Commission; subject to approval of the Schuyler County Attorney.

SCHUYLER COUNTY LEGISLATURE 56

1. Site plan/special permit approval for a change in tenant and/or use where no modifications are proposed to the existing building footprint which would result in an expansion of greater than 10 percent of the total building area, or alter the existing highway access, storm water drainage plan, or traffic pattern.

EXHIBIT A

2. Residential area variances involving building setbacks which do not encroach upon State or County highway right-of-ways, facilities, lands, or drainage ways.

3. Commercial area variances involving building setbacks from adjoining property which is not zoned or utilized as residential, or which do not encroach upon State or County highway right-of-ways, facilities, lands, or drainage ways.

4. Commercial area variances involving building setbacks which encroach upon residential properties and/or zoning districts through a deviation of 25 percent or less from the minimum required setback.

5. Sign variances where the sign is not located along a State or County highway right-of-way, or which if the sign is located along a State or County highway right-of-way, the sign is no closer than 15 feet to the right-of-way and in no way creates a visual hazard.

6. Dimensional variances for fences. Vote 7-0. RESOLUTION NO. 143 Motion by Halpin, Second by Gifford. RE: AUTHORIZE GRANT APPLICATION FOR TRIANGLE FUND GRANT FOR A MENTORING

PROGRAM – YOUTH BUREAU WHEREAS, the Youth Bureau operates the People In Need of Supervision (PINS) Diversion Program,

and WHEREAS, the youth that are being referred to PINS Diversion need positive role models and mentors,

and WHEREAS, the Triangle Grant offers funding for between $5,000 and $15,000 and there is no local

match. NOW, THEREFORE, BE IT RESOLVED, that the Youth Bureau be hereby authorized to apply for the

Triangle Fund grant for the A Mentoring Program and the Chairman of the Legislature be hereby authorized to sign any subsequent contracts; subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 144 Motion by Halpin, Second by Gifford. RE: AUTHORIZE GRANT APPLICATION FOR THE TEEN COURT PROGRAM THROUGH

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICE ADMINISTRATION (SAMHSA) – YOUTH BUREAU WHEREAS, the Youth Bureau operates a Teen/Youth Court program, and WHEREAS, the Department of Health and Human Services, Substance Abuse and Mental Health

Service Administration (SAMHSA) is offering a grant for teen courts and youth courts to hear cases involving youth involved with substance abuse issues as a diversion from the traditional juvenile justice system , and

WHEREAS, the Youth Court program is peer-driven with a sentencing mechanism which allows young people to take responsibility, to be held accountable and to make restitution, and

WHEREAS, the grant funding would be for three years with award amounts of up to $200,000 per year and there is no local match during that three year period.

NOW, THEREFORE, BE IT RESOLVED, that the Youth Bureau is authorized to apply for the Teen Court Program grant, and the Chairman of the Legislature be hereby authorized to sign any subsequent contracts; subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 145 Motion by Halpin, Second by Karius. RE: AUTHORIZE AGREEMENT WITH CORNELL COOPERATIVE EXTENSION (CCE) OF

SCHUYLER COUNTY FOR SENIOR CAMP SERVICES FOR 2012 – OFFICE FOR THE AGING

PROCEEDINGS OF THE YEAR 2012 57 WHEREAS, a plan has been developed by the Schuyler County Office for the Aging (OFA) and the

Cornell Cooperative Extension of Schuyler County (CCE) to jointly host a Senior Camp during the summer of 2012 at the Hidden Valley 4-H Camp, and

WHEREAS, CCE has a contract with the NYS Parks and Recreation for use of said camp, and WHEREAS, CCE has agreed to provide one weekend devoted to a Senior Camp, and WHEREAS, CCE will charge a flat fee of $2,500 to include buildings and grounds usage, meals and

staffing, and WHEREAS, the OFA has the funds to cover such an expense under the Senior Recreation Services

covered under the State funded Community Services Initiative (CSI) program as well as the Community Services for the Elderly (CSE) program, and

WHEREAS, the OFA will charge a registrant’s fee and seek sponsorship as well as other donations to help cover costs associated with the camp.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Cornell Cooperative Extension of Schuyler County to provide the location, meals and staffing for a weekend Senior Camp in conjunction with the Schuyler County Office for the Aging, through the budget account no. 6772.0401, for the term of July 20, 2012 through July 22, 2012, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 146 Motion by Halpin, Second by Karius. RE: AUTHORIZE COLLECTION OF FEES FOR REPLACEMENTS OF RABIES CERTIFICATES –

PUBLIC HEALTH WHEREAS, rabies Certificates are provided to all pet owners at the time of vaccination, and WHEREAS, proof of vaccination status is required for multiple reasons including, but not limited to, dog licensure, pet neutering surgery, air travel, admission to parks and potential rabies exposure investigations, and WHEREAS, Public Health would continue at no cost provide proof of vaccination status due to any potential rabies exposure, and WHEREAS, Public Health staff have seen an increase in requests from pet owners for copies of certificates, creating an increased administrative burden. NOW, THEREFORE, BE IT RESOLVED, the Public Health Department is hereby authorized to begin charging a $5 fee, beginning May 15, 2012, for a Rabies Certificate replacement. Vote 7-0. RESOLUTION NO. 147 Motion by Halpin, Second by Karius.

RE: AUTHORIZE CONTRACT WITH NICOLE MOTHERSHED FOR SPECIAL EDUCATION SERVICES IN THE EARLY INTERVENTION (EI) PROGRAM – PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Department is required to provide Early Intervention Services for children, and WHEREAS, Nicole Mothershed is approved as a provider for Early Intervention Services, and WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Nicole Mothershed for Early Intervention Services, effective May 1, 2012 through June 30, 2013, at rates established by the New York State Department of Health, to be renewed annually, on a yearly basis, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 148 Motion by Halpin. Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES AND EARLY INTERVENTION CHILDREN 2012-2013 – PUBLIC HEALTH WHEREAS, Resolution No. 85-12 authorized advertising for bids for Transportation of Preschool Children with Disabilities and Early Intervention Children, and

WHEREAS, bids were received and opened with the following recommendations being made.

SCHUYLER COUNTY LEGISLATURE 58 NOW, THEREFORE, BE IT RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc.

(dba The Arc of Schuyler) for Transportation of Preschool Handicapped Children and Early Intervention Children to and from Frank Pierce Early Childhood Center from July 1, 2012 to June 30, 2013 in the amount of $197.50 per child per day plus $27.50 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Birnie Bus Services, Inc. for Transportation of Preschool Handicapped Children and Early Intervention Children to and from Franziska Racker Centers from July 1, 2012 to June 30, 2013 at $249.00 per child, with a $28.00 per additional child fee be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Durham School Services, LP for Transportation of Preschool Handicapped Children and Early Intervention Children to and from Pathways Preschool Program in Bath, NY from July 1, 2012 to June 30, 2013 in the amount of $247.36 per child per day plus $29.00 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Durham School Services, LP for Transportation of Preschool Handicapped Children and Early Intervention children to and from Pathways Preschool Program in Avoca, NY from July 1, 2012 to June 30, 2013 in the amount of $242.23, per child per day plus $29.00 per additional child be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. (dba The Arc of Schuyler) for Transportation of Preschool Handicapped Children and Early Intervention children to and from United Cerebral Palsy and Handicapped Children’s Association of Chemung County, Inc. (dba Able2) from July 1, 2012 to June 30, 2013 at $204.50, per child per day with a $27.50 per additional child fee be, and hereby is accepted, and

BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. (dba The Arc of Schuyler) for Transportation of Preschool Handicapped Children and Early Intervention Children to and from Yates County Chapter, NYSARC from July 1, 2012 to June 30, 2013 at $199.00, per child per day with a $28.50 per additional child fee be, and hereby is accepted, and

BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. (dba The Arc of Schuyler) for miscellaneous Transportation of Preschool Handicapped Children and Early Intervention Children from July 1, 2012 to June 30, 2013 in the amount of $2.95 per mile be, and hereby is, accepted, and

BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, funding available in the 2012 budget, account no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 149 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZATION TO SUBMIT A PROPOSAL TO THE DRUG FREE COMMUNITIES

MENTORING GRANT – PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Department has been the lead for the Schuyler County

Commission of Underage Drinking and Drugs (SCCUDD), and WHEREAS, Tompkins County Community Coalition for Healthy Youth (CCHY) has been an exemplary

Drug Free Community Grant initiative for multiple years, and WHEREAS, CCHY approached the Public Health Department offering technical assistance via a Drug

Free Community Mentoring Grant, and WHEREAS, the Drug Free Community Mentoring Grant has released requests for proposals, and WHEREAS, the SCCUDD and CCHY wish to submit a proposal. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the

Schuyler County Public Health to submit a grant proposal with CCHY, which includes only in-kind costs, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 150 Motion by Halpin, Second by Yuhasz.

PROCEEDINGS OF THE YEAR 2012 59 RE: AUTHORIZE CONTRACT RENEWAL WITH PRESCHOOL PROVIDERS GROUPS – PUBLIC

HEALTH WHEREAS, Schuyler County is mandated to contract with a sufficient number of providers to serve eligible preschoolers identified with developmental delays, and WHEREAS, Schuyler County Public Health is the County’s identified Preschool administrator, and WHEREAS, the program is mandated by New York State and services are authorized by the child’s school district, and WHEREAS, Public Health wishes to reduce its administrative burden with multiple contracts expiring at once, and WHEREAS, Miller Associates, Great Expectations and Arnot Ogden Medical Center have agreed to contract with Schuyler County for Preschool Services as follows: July 1, 2012 – June 30, 2013 $65 per therapy session $40 per child in a group session July 1, 2013 – June 30, 2014 $67 per therapy session $45 per child in a group session WHEREAS, Chemung UCP a/k/a Able2 has agreed to contract with Schuyler County for Preschool Tuition Based Services for the State set rates and the related services rates as follows: July 1, 2012 – June 30, 2013 $65 per therapy session $40 per child in a group session July 1, 2013 – June 30, 2014 $67 per therapy session $45 per child in a group session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Miller Associates, Great Expectations, Arnot Ogden Medical Center and Chemung UCP a/k/a Able2 for a period of July 1, 2012-June 30, 2014, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. RESOLUTION NO. 151 Motion by Karius, Second by Gifford.

RE: AUTHORIZE CONTRACT RENEWALS WITH INDIVIDUAL PROVIDERS FOR PRESCHOOL SERVICES – PUBLIC HEALTH

WHEREAS, Schuyler County is mandated to contract with a sufficient number of providers to serve eligible preschoolers identified with developmental delays, and WHEREAS, Schuyler County Public Health is the County’s identified Preschool administrator, and WHEREAS, the program is mandated by New York State and services are authorized by the child’s school district, and WHEREAS, Public Health wishes to reduce its administrative burden with multiple contracts expiring at once, and WHEREAS, several preschool providers Barbara Hislop, ST; Georgianna Price, ST, Kathryn Wiley, OT, Schuyler County Community Services, Yates County ARC have agreed to contract with Schuyler County for Preschool related services at the rates as follows: July 1, 2012 – June 30, 2013 $65 per therapy session $40 per child in a group session July 1, 2013 – June 30, 2014 $67 per therapy session $45 per child in a group session July 1, 2014 – June 30, 2015 $69 per therapy session $45 per child in a group session WHEREAS, Yates County ARC has agreed to contract with Schuyler County for Preschool Tuition Based Services for the State set rates and the related services rates as follows: July 1, 2012 – June 30, 2013 $65 per therapy session $40 per child in a group session July 1, 2013 – June 30, 2014 $67 per therapy session $45 per child in a group session July 1, 2014 – June 30, 2015 $69 per therapy session

SCHUYLER COUNTY LEGISLATURE 60 $45 per child in a group session NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Barbara Hislop, ST; Georgianna Price, ST and Kathryn Wiley, OT), Schuyler County Community Services, and Yates ARC for a period of July 1, 2012-June 30, 2015, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 152 Motion by Karius, Second by Gifford.

RE: AUTHORIZE TRANSFER OF FUNDS FROM THE COMMUNITY SERVICES BOARD RESERVE ACCOUNT - COMMUNITY SERVICES

WHEREAS, Resolution No. 482-98 established a Community Services Board reserve account to cover expenses related to major projects and repairs at the Mill Creek Center building, and

WHEREAS, the purchase of signage for individual offices and cubicles is strongly recommended for security, accessibility and compliance with the Americans with Disabilities Act, and

WHEREAS, Buildings & Grounds has submitted a proposal detailing the estimated cost of this work, and WHEREAS, the bill for this work should be paid from the Community Services Board account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to

transfer $1,000 from the Community Services Board Reserve Account to account no. 4310.427- Building Repairs for signage at the Mill Creek Center building. Vote 7-0. RESOLUTION NO. 153 Motion by Karius, Second by Giffprd. RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER COUNTY CHAPTER, NYSARC, INC

(dba THE ARC OF SCHUYLER) FOR EARLY INTERVENTION SERVICE COORDINATION SERVICES – PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Early Intervention Service Coordination

Services for children, and WHEREAS, the Public Health Department currently has a contract with Schuyler County Chapter,

NYSARC, Inc. to provide Service Coordination, and WHEREAS, Schuyler County Public Health wishes to reduce its administrative burden with multiple

contracts expiring at once, and WHEREAS, rates paid for Early Intervention Services provided under this contract are set by the New

York State Department of Health and are not subject to negotiation. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

enter into a contract with Schuyler County Chapter, NYSARC, Inc. for Early Intervention Service Coordination Services, effective July 1, 2012 through June 30, 2015, at rates established by the New York State Department of Health, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 154 Motion by Larison, Second by Gifford. RE: RESOLUTION DECLARING MAY 14, 2012 TO BE “MAYDAY FOR MANDATE RELIEF” AND

URGING THE MANDATE RELIEF COUNCIL TO TAKE SWIFT ACTION IN SUBMITTING A PACKAGE OF MANDATE RELIEF PROPOSALS TO GOVERNOR CUOMO AND THE STATE LEGISLATURE TO BE VOTED ON THIS SESSION WHEREAS, the State of New York mandates require the delivery of State programs using local

resources, causing some Counties to dedicate more than 80 percent of their entire budget toward the funding of State mandated programs and fixed costs; and

WHEREAS, the New York State Association of Counties (NYSAC) has identified just 9 State mandates that equal 90 percent of all County property taxes levied in 2010 (outside of New York City), consuming $4 billion of $4.4 billion in County property taxes levied. These mandates include: Medicaid, TANF/Public Assistance Safety Net, Child Welfare Protective and Preventive Care, Special Education Pre-School, Early Intervention, Probation, Indigent Defense, Youth Detention, and Pensions; and

PROCEEDINGS OF THE YEAR 2012 61 WHEREAS, these State mandates are the root cause of high County property and sales taxes in New

York and have led to a decline in the delivery of important local services; and WHEREAS, these State imposed mandates continue to contribute to New York’s highest in the nation

local tax burden for residents and businesses, severely damaging New York’s ability to attract, create and maintain good paying jobs, as well as contributing to population losses to other states; and

WHEREAS, when the State enacted a property tax cap in 2011, a Mandate Relief Council was established to review specific mandates and advance Legislative proposals to reduce the statutory and regulatory burden on municipalities.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County hereby declares May 14, 2012 to be “Mayday for Mandate Relief’ to demonstrate that the decisions made in Albany have a direct impact on the property tax levy and local community services here in Schuyler County; and

BE IT FURTHER RESOLVED, that Schuyler County hereby calls on the Mandate Relief Council to take swift action in submitting a package of Mandate Relief proposals to Governor Cuomo and the State Legislature to be voted on by our State Representatives during the 2012 State Legislative Session; and

BE IT FURTHER RESOLVED, that the Clerk to the Schuyler County Legislature will forward copies of this resolution to Governor Andrew M. Cuomo, Senator Thomas F. O’Mara, Assemblyman Christopher S. Friend, New York State Association of Counties, and all those deemed necessary and proper. Vote 7-0. RESOLUTION NO. 155 Motion by Larison, Second by Gifford. RE: AUTHORIZE AMENDING THE LEASE AGREEMENT WITH SOUTHERN TIER HOSPICE -

BUILDINGS AND GROUNDS WHEREAS, Schuyler County has vacant office space at 105 Ninth Street, Watkins Glen, and WHEREAS, Resolution 310-11 authorized a lease agreement with Southern Tier Hospice for use of Room No. 303 at a cost of $675 per month, and WHEREAS, Southern Tier Hospice is in need of additional office space to rent. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an Amended Lease Agreement with the Southern Tier Hospice for use of Room No. 304, at 105 Ninth Street, Watkins Glen, at an additional cost of $100 per month, payable annually, effective May 1, 2012, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 156 Motion by Larison, Second by Gifford.

RE: AUTHORIZE INTER-MUNICIPAL AID AGREEMENTS BETWEEN REGION FOUR AND SIX COUNTY HIGHWAY DEPARTMENTS – HIGHWAY WHEREAS, Schuyler County wishes to enter into an Inter-municipal Aid Agreement pursuant to Article 5-G, Section 119-o, of the New York General Municipal Law, and WHEREAS, pursuant to Federal and State Law the Provider and the Requester are allowed to enter into such Mutual Aid Agreements to assist in times of emergency, and WHEREAS, the Provider and the Requesters have in the past been subjected to various disaster events, whether natural or manmade, resulting in damages and necessitating emergency responses and mutual aid; and in the future may have similar disaster events, and WHEREAS, the parties intend this agreement to facilitate the reimbursement of expenses incurred by the Providing Entity by the Requester through the Federal Emergency Management Agency (“FEMA”). NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign all County to County Inter-municipal Aid Agreements contingent upon approval of the Inter-municipal Agreements by the Schuyler County Attorney, and BE IT FURTHRE RESOLVED, that a copy of this resolution be sent to all participating signatory Counties. Vote 7-0. RESOLUTION NO. 157 Motion by Gifford, Second by Halpin. RE: AUTHORIZE THE CREATION AND FILLING OF TWO (2) TEMPORARY LABORER POSITIONS

– HIGHWAY DEPARTMENT

SCHUYLER COUNTY LEGISLATURE 62 WHEREAS, the Highway Department recently had a Motor Equipment Operator (MEO) position

vacated, and WHEREAS, rather than filling the MEO position, the Highway Department is requesting to create two

(2) Temporary Laborer positions to assist with the function of the Highway Department, upon the approval of the County Administrator, and

WHEREAS, funding for said positions are included in the 2012 budget. NOW, THEREFORE, BE IT RESOLVED, that the Highway Superintendent is hereby authorized to

create and fill the two (2) Temporary Laborer positions at an hourly rate of $9.00 per hour, effective immediately, as set for in the Schuyler County Highway Department Unit #8600 Contract. Vote 7-0. RESOLUTION NO. 158 Motion by Gifford, Second by Halpin. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS




Asset # Description Serial # Department 3366 Motorola Visar Radio 720AVY2998 Sheriff 4162 Motorola Visar Radio 720TAY0090 Sheriff 4163 Motorola Visar Radio 720TYW6200 Sheriff 6119 Optiplex Computer GX620 H0XVDC1 Youth 5393 Scale, Tanita 820607 Public Health 4136 IBM Typewriter 11-TVW33 Sheriff

SURPLUS Asset # Description Serial # Department 6624 2000 Dodge Caravan 1B4GP44L1YB520887 Sheriff Vote 7-0. RESOLUTION NO. 159 Motion by Gifford, Second by Halpin. RE: AUTHORIZE CONTRACTS WITH SYSTEMS MANAGEMENT PLANNING, INC. FOR

REPLACEMENT SAN AND VMWARE ESX SERVERS AND PROFESSIONAL SERVICES – INFORMATION TECHNOLOGY

WHEREAS, the SAN and VMware Data Servers are 5 years old and in need of replacement because they are starting to fail, and

WHEREAS, Schuyler County’s data servers are a redundant server system requiring VMware, and WHEREAS, these servers support our Virtual Servers and the majority of County Data, and WHEREAS, Systems Management Planning can provide SAN and Professional Services through New York State Office of General Services contracts at a cost of $45,000, and WHEREAS, Systems Management Planning can provide the VMware ESX Servers at a cost not to exceed $27,000, plus labor at a cost not to excel $8,000 through New York State Professional Services contract #CMT0211A. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to enter into contracts with Systems Management Planning, Inc., 75 Goodway Drive, Suite 1, Rochester, NY 14623 for SAN and Professional Services at a cost of $45,000 and a contract for VMware ESX Servers and labor at a cost not to exceed $35,000, at total cost not to exceed $80,000, funding available in the Voice and Data Capital Reserve Account 004.1610.200; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 160 Motion by Barnes, Second by Yuhasz.

PROCEEDINGS OF THE YEAR 2012 63 RE: AUTHORIZE CONTRACT WITH ICON ENTERPRISES, INC. DBA CIVICPLUS FOR WEBSITE

DEVELOPMENT AND HOSTING – INFORMATION TECHNOLOGY – AS AMENDED BY RESOLUTION NO. 192-13

WHEREAS, Schuyler County’s webpage is in need of redesign to enable the county to update and interact with the website using a content management system WHEREAS, CivicPlus has agreed to provide these services with needed consulting, training, hosting and Support, and WHEREAS, the redesign portion of this project will take approximately four to six months before the webpage goes live, and WHEREAS, the cost of $19,234.77 includes CivicPlus hosting the Schuyler County webpage for one year, after the go live date, and WHEREAS, CivicPlus can provide these services through U.S. GSA Information Technology Schedule 70, Contract GS-35F-0124U, and WHEREAS, if we commit to sign a contract on or before April 27, 2012 we will receive a $5,000 discount.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to enter into contract with CivicPlus, 317 Houston Street, Suite E, Manhattan, KS 66502 at a cost of $19,234.77, for the Development which includes the hosting, consulting, training and support for one year and the second year of Annual Support, Maintenance and Hosting for May 2013 through April 2014 of the Schuyler County webpage at a cost of $4,540. The fee for the third and fourth year would be a cost of $4,540 plus no more than a 5 percent (5%) increase added to the total cost of the previous year, funding available in Information Technology account no.1680-400; subject to approval of the Schuyler County Attorney.” Vote 7-0. RESOLUTION NO. 161 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE AGREEMENT WITH CHEMUNG CANAL TRUST COMPANY FOR THE VISA

BUSINESS CREDIT CARD PROTECTION PROGRAM – TREASURER WHEREAS, the County applied for commercial credit cards through Chemung Canal Trust Company’s Visa Business Corporate Card Program per Resolution No. 121-12, and WHEREAS, the anticipated maximum credit limit per the spreadsheet on file in the Legislative Office is $131,000.00, and WHEREAS, Chemung Canal Trust Company requires protection for Credit Card activity that may exceed the Maximum Limitations as agreed to and established at the onset of this program. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Treasurer, or in his/her absence, the Deputy Treasurer, to transfer from the General Fund Account (in the unlikely event it is necessary), those funds necessary to cover the charges that may be in excess of the maximum Credit Limit of the program of $131,000.00, agreement subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 162 Motion by Barnes, Second by Yuhasz. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR HUMAN RESOURCES CLERK

BE IT RESOLVED, that this Legislature acknowledge the appointment by Lorry Johnson, Interim Human Resources Director, of Elizabeth Guild, as Human Resources Clerk, at an annual salary of $34,505, effective May 14, 2012, said position is in Grade Level D of the Management/Confidential Salary Plan. Vote 7-0. RESOLTUION NO. 163 Motion by Larison, Second by Gifford. RE: ACKNOWLEDGE APPOINTMENT OF VOTING SYSTEM TECHNICIAN/CUSTODIAN – BOARD

OF ELECTIONS WHEREAS, Election Law 3-302 provides for the Board of Elections to appoint as many voting system technicians/custodians as shall be necessary for the proper preparation, repair, and maintenance of voting equipment, and

SCHUYLER COUNTY LEGISLATURE 64 WHEREAS, it has been determined that the Schuyler County Board of Elections, in order to properly

prepare, test, maintain and repair voting equipment in their possession in accordance with Section 6210.2 Routine Maintenance and Testing of Voting Systems, and is in need of (1) Republican Alternate Custodian until such time as a permanent Technician/Custodian can be found. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment by the Election Commissioners of Bruce Wells as an Alternate Voting System Custodian, effective April 24, 2012 for the remainder of the year 2012, to be compensated at an hourly rate of fifteen dollars ($15.00) for miscellaneous preparation, testing, transportation and maintenance of Voting Systems and equipment, and other election related duties as assigned, to be funded by the Board of Elections 2012 Budget. Vote 7-0. RESOLUTION NO. 164 Motion by Larison, Second Gifford. RE: ESTABLISH LEAD AGENCY STATUS FOR PUBLIC ENTERTAINMENT (OUTDOOR) –

REGULATING/LICENSING WHEREAS, Local Law No. 4 of the Year 2010 established a process for applications and permits

pertaining to Public Entertainment (Outdoor) – Regulation/Licensing, and WHEREAS, in compliance with NYCRR Part 617 State Environmental Quality Review (SEQR),

Schuyler County must review the potential environmental impacts associated with the issuance of a permit under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, and

WHEREAS, the Schuyler County Legislature has determined that the proposed action is Unlisted and would be best served by a coordinated review including potential involved agencies, and has received a complete Environmental Assessment Form (EAF) from the applicant, Watkins Glen International, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the EAF and does intend to establish lead agency status of the purposes of the environmental review of this action, and will notify involved agencies of this intent. If, after 30 days time no involved agency challenges this status, then the Schuyler County Legislature will consider itself to hold lead agency status, and will proceed with the review. Vote 7-0. RESOLUTION NO. 165 Motion by Larison, Second by Gifford.

RE: TWO-YEAR APPOINTMENT WHEREAS, the Village of Odessa has not been represented on the Environmental Management Council (EMC) for quite some time, and WHEREAS, they have a new Board Member that is interested in serving on this Council.

NOW, THEREFOR, BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual to the below Council, for the term of May 14, 2012 through December 31, 2013, to wit:

ENVIRONMENTAL MANAGEMENT COUNCIL Thomas Letteer, Jr., Village of Odessa

Vote 7-0. RESOLUTION NO. 166 Motion by Larison, Second by Halpin. RE: AUTHORIZE ADVERTISING FOR BIDS FOR SENECA HARBOR PARK – UPGRADES TO EXISTING FACILITIES – BUILDINGS AND GROUNDS

WHEREAS, Resolution 48-07 authorized a contract with New York State Office of Parks, Recreation and Historic Preservation to develop the Northern end of the Catharine Valley Trail, and

WHEREAS, Resolution 154-10 authorized the scope of work changed from Development of Trail to Trailhead Improvements, and

WHEREAS, Resolution 228-11 authorized advertising and opening bids, and WHEREAS, Resolution 309-11 rejected the only bid received due to over budget, requiring a grant

contract extension, and WHEREAS, the project design is complete, it is now necessary to advertise for bids for construction.

NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for bids to Upgrade Existing Facilities the Seneca Harbor Park, and

PROCEEDINGS OF THE YEAR 2012 65 BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the

Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891 no later than 10:00 a.m. on Tuesday, June 5, 2012. The bids will be opened that same day in the Legislative Office at 10:15 a.m., at which time recommendations for Legislative action will be made; acceptance or rejection of bids will be done at the June 11, 2012 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. Vote 7-0. RESOLUTION NO. 167 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT EXTENSION WITH THE OFFICE OF NEW YORK STATE PARKS,

RECREATION AND HISTORICAL PRESERVATION FOR THE CATHARINE VALLEY TRAIL– BUILDINGS & GROUNDS WHEREAS, Resolution 48-07 authorized a Contract with New York State Office of Parks, Recreation

and Historic Preservation to develop the Northern end of the Catharine Valley Trail, and WHEREAS, Resolution 154-10 authorized the scope of work changed from Development of Trail to

Trailhead Improvements, Watkins Glen, and WHEREAS, Resolution 309-11 rejected the only bid received due to over budget, requiring a grant

contract extension, and WHEREAS, the New York State Parks, Recreation and Historical Preservation has approved the use of

the funds to be used at the Seneca Harbor Park for West End Lighting and Interpretive Signage with the work to begin in the fall of 2012. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign a grant contract extension to expire August 31, 2013 with the Office of New York State Parks, Recreation and Historical Preservation; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 168 Motion by Larison, Second by Halpin.

RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY OF INTERIM DEPUTY DIRECTOR OF COMMUNITY SERVICES WHEREAS, the Deputy Director of Community Services position has been vacant since March 29, 2012. WHEREAS, there is a need to fill that position on a temporary basis to assist the Interim Director of Community Services who is also serving as the Clinic Director. WHEREAS, it is the recommendation of the County Administrator and the Interim Director of Community Services that an Interim Deputy Director be appointed to help with overseeing the Community Services Department and to perform some of the duties of the Deputy Director. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the Interim Deputy Director, Mary Hayes appointment of Anne Bussard as Interim Deputy Director of Community Services, to be paid a stipend of $150.00 per week, in addition to her regular salary as Sr. Staff Social Worker, for the additional duties and responsibilities, effective May 14, 2012 until such time a Deputy Director is hired or other arrangements are made, funding is available in the 2012 Community Services account no. 4310.100 to cover said compensation. Vote 7-0. RESOLUTION NO. 169 Motion by Larison, Second by Halpin.

RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING THE APPPOINTMENT OF ANNE BUSSARD AS INTERIM DEPUTY DIRECTOR OF COMMUNITY SERVICES – AS AMENDED BY RESOLUTION NO. 315-12

WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, the Employee currently holds the title of Sr. Staff Social Worker, and is represented by the

Union, and WHEREAS, the Interim Community Services Director desires to appoint the Employee as the Interim

Deputy Director of Community Services in addition to her current duties as Sr. Staff Social Worker, and

SCHUYLER COUNTY LEGISLATURE 66 WHEREAS, the County, the Union and the Employee have agreed upon the additional duties for the

Employee, and WHEREAS, the County, the Union and the Employee now wish to document the terms of their

agreement. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby

authorized to enter into a Memorandum of Agreement with the Schuyler County Civil Service Employee’s Association, Inc. as set forth above, effective May 14, 2012; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 170 Motion by Larison, Second by Gifford. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2012 AMENDING LOCAL

LAW NO. 2 OF THE YEAR 1997 TITLED “PURSUANT TO SECTION 257-C EXECUTIVE LAW AUTHORIZING SCHUYLER COUNTY PROBATION DEPARTMENT TO COLLECT DWI ADMINISTRATIVE FEES” TO UPDATE THE ASSESSMENT PROCESS AND COLLECTION OF DWI SUPERVISION FEES - PROBATION DEPARTMENT WHEREAS, Local Law Intro. No. 1/Local Law No. 2 of the Year 2012 amending Local Law No.

2 of the Year 1997 Titled “Pursuant to Section 257-C Executive Law Authorizing Schuyler County Probation Department to collect DWI Administrative Fees” to update the Assessment Process and Collection of DWI Supervision Fees was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held May 14, 2012 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1/Local Law No. of the Year 2012, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 2 of the Year 2012, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO NO. 1/LOCAL LAW NO. 2 OF THE YEAR 2012 A Local Law Amending Local Law No. 2 of the Year 1997 to update the Assessment Process and

Collection of DWI Supervision Fees. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. LEGISLATIVE INTENT

This Local Law is enacted for the purpose of implementing the provisions of Section 257-c of the Executive Law of the State of New York authorizing a county to require individuals sentenced to a period of probation upon conviction/adjudication of of any crime under Article 31 of the Vehicle & Traffic Law, after the effective date of this Local Law, to pay an administrative fee to the County Probation Department. SECTION 2. PROBATION ADMINISTRATIVE FEE Every person who shall be sentenced to a period of probation upon conviction of any crime under Article 31 of the Vehicle & Traffic Law, and who is subject to supervision by the Department, shall pay to the Department an administrative fee of not less than $10.00 per month nor more than $30.00 per month, depending upon household size and taxable income in accordance with the Fee Schedule, which is on file in the Legislative Office, based on Federal Poverty Guidelines. Vote 7-0. RESOLUTION NO. 171 Motion by Barnes, Second by Halpin. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2012 AUTHORIZING THE

PROBATION DEPARTMENT TO ESTABLISH AND COLLECT A ONETIME FEE FROM INDIVIDUALS SERVING A SUPERVISION TERM FOR THE ADMINISTRATION OF DRUG AND ALCOHOL TESTING AS COMPLETED BY PROBATION-PROBATION DEPARTMENT WHEREAS, Local Law Intro. No. 2/Local Law No. 3 of the Year 2012 Authorizing the Probation

Department to Establish and Collect a Onetime Fee from individuals serving a supervision term for the Administration of Drug and Alcohol Testing as Completed by Probation was heretofore introduced and

PROCEEDINGS OF THE YEAR 2012 67 appropriate notice established in the official newspaper regarding a public hearing to be held May 14, 2012 at 6:50 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2/Local Law No. of the Year 2012, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 2/Local Law No. 3 of the Year 2012, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 3 OF THE YEAR 2012 A Local Law allowing the assessment and collection of drug and alcohol testing fees set by the County

Probation Department Pursuant to Article 2 (10) and Article 3 (20) of the Municipal Home Rule Law. Be it enacted by the Legislature of the County of Schuyler as follows: Section I. LEGISLATIVE INTENT It is the intent of this Local Law to defray the costs to the citizens of Schuyler County associated with the administration of drug and alcohol testing services provided by the Schuyler County Probation Department for individuals that have been convicted of a crime and who are currently serving or who will be ordered to serve a sentence of probation, as that term is defined under New York State Penal Law, and including any individual who is subject to a term of interim probation or to a sentence of Conditional Discharge, where, as a condition of supervision, that such individuals are required to submit to drug and alcohol testing, by requiring such individuals to pay a onetime drug and alcohol testing fee of $50 at the onset of their supervision. Section 2. ESTABLISHMENT OF DRUG AND ALCOHOL TESTING FEES (a) Every person who has been sentenced to a period of probation as that term is defined under New York State Penal Law upon conviction of a crime, or who is subject to supervision by the Probation Department under other conditional probation terms with drug/alcohol testing requirements, shall pay to the department a drug and alcohol testing fee of $50 at the onset of their probation case or upon acceptance of their transferred probation case from another county. (b) The Department may waive all or part of the drug and alcohol testing fee where, because of the indigence of the offender, the payment of such fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent of such person for financial support. (c) Monies collected pursuant to this Section shall be deposited by the Department with the County Treasurer and shall be utilized for services by the Department. Section 3. COLLECTION Section 420.10, Subdivision 6, of the Criminal Procedure Law shall govern the collection of this fee; but payment of the drug and alcohol testing fee shall not constitute a condition of any probation sentence. This drug and alcohol testing fee shall not apply to youthful offender probationers. In the event of non-payment of any fees which have not been waived by the local probation department, the county may seek to enforce payment in any manner permitted by law for enforcement of a debt. Section 4. AGREEMENT Every person liable to pay a drug and alcohol testing fee hereunder shall be informed and review a Payment Notification and Agreement in such a form as the Probation Director prescribes. A signature of the individual assessed for the fee is not required on the form. Section 5. RULES AND REGULATIONS The Director of Probation is empowered to adopt departmental policies and procedures necessary to implement this Local Law. Section 6. AMENDMENT OF FEES In the event that the drug and alcohol fee requires an amendment, the County Legislature may, by resolution, amend any portion of the local law prescribed herein. Section 7. AID AND REIMBURSEMENT

SCHUYLER COUNTY LEGISLATURE 68 All drug and alcohol testing fees collected hereunder shall be excluded from consideration by the Division of Probation when it determines state aid reimbursement pursuant to Section 246 of the Executive Law. Section 8. SEPARABILITY 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 shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law directly involved in the controversy in which such judgment shall have been rendered. Section 9. EFFECTIVE DATE This Local Law shall take effect immediately upon final adoption by the Legislature. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES:

Legislator Larison reported that at the Inter County meeting was held last week in Wayne County, and that the MayDay for Mandate Relief Resolution was adopted. Thirty-eight members were in attendance. The June meeting will be held in Steuben County.

Legislator Gifford reported that Schuyler County Industrial Development Agency (SCIDA) has extended an invitation for a wind farm tour scheduled for June 5th.

Legislator Barnes reported that at the Community Services Board Meeting recently they discussed the use of synthetic Marijuana in our County. There is a problem here and the Clerk has been asked to request all of the stake holders to be present at the next Public Safety Committee Meeting to discuss this issue. COUNTY ADMINISTRATORS REPORT:

Administrator O’Hearn reported that the Southern Tier Network Construction started last week. Schuyler Hospital will be the first business in our County to be connected, and the project is running on schedule. The NextEra Wind Farm Tour will fill up fast, so if additional tours need to be scheduled we can request that. PUBLIC PARTICIPATION:

Mr. Alan Hurley expressed his opinion and concern again on the status of our record keeping abilities or tracking with our Inter Municipal Agreements. He feels they should be organized in a different fashion. He also expressed his opinion on the Freedom of Information Law (FOIL) process and how convoluted it is. He wants the ability to just be able to call or come in and review any of the records he wants. The Meeting adjourned at 6:55 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

SPECIAL MEETING

JUNE 6, 2012

The June 6, 2012 Special Meeting of the Schuyler County Legislature was called to order at 9:54 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of Silence. All Legislators were present. The County Administrator, Timothy O’Hearn, and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION:

Mr. Alan Hurley spoke on his research he has been doing in respect to the 2010 audit report. He has been reviewing the County’s operations and shared services contracts. He then discussed the 2010 audit report that has already been reviewed by the Legislature. He also advised the Legislators that he found a $7,000 revenue missing from 2011 and was notified that it was the WGI check that never sent to us for the Wine Festival expenses. Alan asked if the Legislature had hired an accountant consultant as recommended in this 2010 audit report for oversights. Chairman Fagan explained that the draft 2011 audit will be coming to them sometime this month and he expects many of the deficiencies will continue for the 2011 audit. He informed

PROCEEDINGS OF THE YEAR 2012 69 Alan that there was a consultant hired to help the new Treasurer close out the 2011 books from last year and get ready for this year’s audit. The County has taken the necessary steps as recommended in the report. RESOLUTION NO. 172 Motion by Karius, Second by Gifford. RE: RATIFICATION OF SPECIAL MEETING

BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon

the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business:

1. ACKNOWLEDGE APPOINTMENT/SET SALARY FOR SECOND ASSISTANT DISTRICT ATTORNEY POSITION

Vote 8-0. RESOLUTION NO. 173 Motion by Gifford, Second by Larison RE: ACKNOWLEDGE APPOINTMENT/SET SALARY FOR SECOND ASSISTANT DISTRICT

ATTORNEY POSITION WHEREAS, the second Assistant District Attorney for the Schuyler County District Attorney’s Office

has resigned effective June 1, 2012. NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledge the appointment by

Joseph G. Fazzary, Schuyler County District Attorney, of John Tunney, as the second Assistant District Attorney, at an annual salary of $40,000.00, effective immediately. DISCUSSION: Legislator Halpin read a statement for the record. She stated that this is a position that was created because it was supported by grant funding, in fact, the resolution that authorized this position to full time states in that the position is contingent on continued grant funding and the understanding has always been that the grant must cover the salary and benefits. The grant funding was decreased last year and may very well be decreased again or even eliminated. There is nothing in this resolution to indicate that the position will require $3,500 in local tax dollars for 2012 and $6,240 in local dollars for 2013, assuming the grant amount remains the same. There is nothing in this resolution indicating that the position requires grant funding to continue and, in fact, one may draw the conclusion that this position will continue even if the grant is eliminated. The District Attorney’s salary was increased to $140,300 this year, which was a 9% increase. If the State continues to reimburse the salary at the same level, the local share will increase 18% not including the cost of living adjustments (COLAs) the position receives. We have decreased approximately 30 positions or 10% of the employee population county-wide leaving departments to make do with fewer employees. The county sales tax revenues are 5% below the budgeted numbers at the end of April. We have no current numbers from the District Attorney’s office indicating a need for additional expenditures, in fact, the Sheriff has advised the Legislature that the County has had the lowest crime rates in the state of late. What we have been doing has apparently been working. I would be happy to support this position at the $49,787 grant level. I cannot support an unbudgeted increase in local share in this year’s budget particularly considering the local share increases projected for next year. Vote 6-2. Noes: Halpin, Karius PUBLIC PARTICIPATION:

Mr. Hurley said he is concerned that the County seams to start hiring people and keeps spending money for something right after you find some savings. He feels they need to make do with less people.

Mr. Mark Rondinaro asked if the Assistant District Attorney position is a permanent appointment. He wants to know if they are building a commitment long term when the need might not be there in a year. Chairman Fagan explained that during the annual budget review the long term need will be discussed. He then asked the County Administrator to repeat the local share impact for this year. Administrator O’Hearn explained that the local share for 2012 is $3,500. The State is reimbursing the County 100% of the salary increase for the District Attorney in 2012. Legislator Halpin feels the position should be pursued at budget time. The grant amount has decreased over the years and may go away. She wanted to know what the intention of this Legislature will be down the road. It is obvious to her that this decision is being pushed by the murder in the Town of Dix. She has asked Legislator Barnes, Chairman of the Public Safety/Criminal Justice Committee, to quantify what the District Attorney is doing and what is missing and wants to hear that the County will be in

SCHUYLER COUNTY LEGISLATURE 70 better shape at the end of the year. Chairman Fagan said he believes this is needed and good for the county at this time with the potential of four murder investigations going on at this time, this position is needed. Legislator Halpin said that years back, we just handled it within the current staff.

The Meeting adjourned at 10:20 a.m. Stacy B, Husted, Clerk

REGUALR MEETING

JUNE 11, 2012

The June 11, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present. The County Administrator, Timothy O’Hearn, and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION:

Mr. Alan Hurley said he has reading the Resolutions and has some questions. He asked where the funding was going to come from for Intro. No. 1. Administrator O’Hearn explained the project and that the funding is coming from grant funds and a capital fund. Mr. Hurley asked if the County could choose a higher bidder with the Intro. No. 3 Resolution. Administrator O’Hearn explained that they could, however departments still have to stay within budget funds.

Chris Rosno, Probation Director, was present to give an explanation. He said this goes along with the DWI fees. This applies to all other probation cases that are not DWI. They pay one or the other, not both, and it is on a sliding scale fee based on income with a waiver process. There was no public comment.

6:45 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3 OF THE YEAR 2012 AUTHORIZING THE PROBATION DEPARTMENT TO ESTABLISH AND COLLECT A MONTHLY ADMINISTRATIVE SUPERVISION FEE FROM INDIVIDUALS SERVING A PROBATION SUPERVISION TERM:

RESOLUTION NO. 174 Motion by Larison, Second by Barnes. RE: APPROVE THE MINUTES OF THE MAY 14, 2012 REGULAR MEETING OF THE SCHUYLER

COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 14, 2012 Regular Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 175 Motion by Larison, Second by Barnes RE: ACCEPT/REJECT BIDS FOR SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES

– BUILDING AND GROUNDS - AS AMENDED WHEREAS, Resolution No. 228-11 authorized the Building Maintenance Supervisor to provide bid documents and go out to bid for upgrades to existing facilities at the Seneca Harbor Park , and WHEREAS, the only bid received for the September 16, 2011 bid opening was over budget, and WHEREAS, a bid extension was advertised to reflect a new bid opening date of June 5, 2012 at the Legislative Chambers. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to accept the low bid from Binghamton Road Electric, 170 East Service Road, Binghamton, NY 13901, at the low bid amount of $102,265, for upgrades to existing facilities at the Seneca Harbor Park, and

BE IT FURTHER RESOLVED, that the following bids be rejected, VACRI Construction Corporation, One Brick Avenue, Binghamton, NY 13901 Marchuska Brothers Construction, 436 Airport Road, Endicott, NY 13760 Bouille Electric, Inc., P.O. Box 34, 154 East Fifth Street, Elmira, NY 14902, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Binghamton Road Electric, 170 East Service Road, Binghamton, NY 13901 at a total cost of

PROCEEDINGS OF THE YEAR 2012 71 $102,265, with funding available in Buildings and Grounds Capital Account no. 004.1620.0209; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 176 Motion by Larison, Second by Barnes. RE: AUTHORIZE SUPPLEMENTAL AGREEMENT WITH LABELLA ASSOCIATES FOR THE

COUNTY ROUTE 4 BRIDGE REPLACEMENT- HIGHWAY WHEREAS, the replacement of PIN 6754.10, BIN 3332440, County Route 4 bridge over Sawmill Creek

is a Federal-aid eligible project, and WHEREAS, the agreement with the Engineering firm for the said project, LaBella Associates, expired

on December 31, 2011, and WHEREAS, a supplemental agreement is necessary to extend the term of the agreement until October

31, 2012 when the project is expected to be complete. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

sign said supplemental agreement, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 177 Motion by Larison, Second by Barnes. RE: AUTHORIZATION FOR SCHUYLER COUNTY TO AWARD BIDS BASED ON “BEST VALUE” -

PURCHASING WHEREAS, pursuant to an amendment to the New York State General Municipal Law Section 103(1), County agencies are now permitted to award Bids and Request for Proposals (RFP) for material, equipment, supplies or service based on “best value” (as defined in State Finance Law Section 163), rather than lowest responsible bidder, and WHEREAS, “best value” factors that may be considered are optimized quality, efficiency, certified minority- or women-owned businesses, provided that verbiage to that effect is contained in Bid/RFP, and WHEREAS, considering “best value” factors when awarding Bids or RFP’s may be in the best interest of the County.

NOW, THEREFORE, BE IT RESOLVED, that the Purchasing Department (or any department issuing County bids or RFP’s), is authorized to award said Bids or RFP’s based on “best value” when it is determined to be in the best interest of the County. Vote 8-0. RESOLUTION NO. 178 Motion by Karius, Second by Gifford. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN – ADD

TITLE AND GRADE FOR INFORMATION TECHNOLOGY DIRECTOR – HUMAN RESOURCES WHEREAS, the Information Technology Director position has not previously met the standards for the

Fair Labor Standards Act (FLSA) exemption, and WHEREAS, the position has evolved since its creation to where the job duties now meet the standard

computer related exemption test for FLSA, and WHEREAS, the County Administrator and the Interim Human Resources Director have completed the following factor rating for the position:

I Accountability 90 II Complexity of Duties 120 III Experience/Knowledge 95 IV External Contacts 60 V Independent Judgment 100 VI Internal Contact 60 VII Impact on Programs/Adm 75 VIII Interpersonal Skills 80 IX Supervision/Leadership 100 TOTAL 780 = Grade I, and

SCHUYLER COUNTY LEGISLATURE 72 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the

Management/Confidential Salary Plan to be amended to reflect the addition of the Information Technology Director position with the above factor rating in salary Grade I, effective immediately. Vote 8-0. RESOLUTION NO. 179 Motion by Karius, Second by Gifford. RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261

OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax

receipts for the period October 1, 2011 through March 31, 2012, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto.

EXHIBIT "A" MORTGAGE TAX DISTRIBUTION AMOUNG TOWNS AND VILLAGES

OCTOBER 1, 2011 THROUGH MARCH 31, 2012

TOWNS

Amount Due

VILLAGES

Amount Due

Catharine

$7,840.20

Burdett

$832.40 Cayuta

$685.32

Montour Falls $3,354.81

Dix

$16,242.78

Odessa

$1,162.55

Hector

$46,009.94

Watkins Glen

$6,058.56

Montour

$9,475.80 Orange

$6,567.76

Reading

$11,308.55 Tyrone

$9,722.08

TOTALS

$107,852.43

$11,408.32 APPROVED BY COMMITTEE:

Thomas M. Gifford, Chairman

Michael A. Yuhasz

Stewart F. Field, Jr.

Vote 8-0.

Philip C. Barnes

RESOLUTION NO. 180 Motion by Karius, Second by Gifford. RE: RESOLUTION IN SUPPORT OF SENATE BILL NO. S.5629-B AND ASSEMBLY BILL NO.

A.6575 AN ACT TO AMEND THE TAX LAW, IN RELATION TO AUTHORIZING CERTAIN COUNTIES, CITIES AND SCHOOL DISTRICTS TO IMPOSE UP TO A FOUR PERCENT RATE OF SALES AND COMPENSATING USE TAXES PURSUANT TO THE AUTHORITY OF ARTICLE 29 OF SUCH LAW AND TO PRESERVE THE AUTHORITY OF CERTAIN COUNTIES AND A CITY TO IMPOSE SUCH TAXES AT RATES IN EXCESS OF FOUR PERCENT; AND TO REPLEAL CERTAIN PROVISIONS OF SUCH LAW RELATING THERETO WHEREAS, the Schuyler County Legislature strongly supports this home rule legislation as it provides

mandate relief and enhanced fiscal management tools for local governments, and

PROCEEDINGS OF THE YEAR 2012 73 WHEREAS, County and State legislative staff, along with elected officials, currently spend significant

time and energy in order to deal with the renewals of existing local sales tax rate legislation every two years under the current State legislative model, and

WHEREAS, the proposed legislation would end the practice of requiring state approval and renewal for local sales tax rate changes, up or down, that do not exceed four percent, and

WHEREAS, this will also allow county officials to manage their local sales tax rates in a way that is most efficient for local tax payers, and will reduce waste and redundancy in state and local legislative procedure, and

WHEREAS, County leaders make home rule requests out of necessity, as they are necessary in order to finance, implement and deliver state and federally mandated programs, ensure local public health and safety, foster economic development and enhance local quality of life services demanded by county residents, and

WHEREAS, these home rule requests allow local officials to manage their budgets and pay for state mandated and other services in the least intrusive and burdensome way for local taxpayers and are often requested to limited or prevent property tax increases, and

WHEREAS, this legislation would also provide counties with an important local fiscal management tool consistent with similar financial management flexibility granted to New York City a few years ago.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports the Senate Bill No. S5629-B and Assembly Bill No. A6575 to amend the tax law, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Governor Cuomo, Senator Thomas F. O’Mara, Assemblyman Christopher S. Friend, the New York State Association of Counties, Inter County Association of Western New York, and any others deemed necessary. Vote 8-0. RESOLUTION NO. 181 Motion by Larison, Second by Gifford. RE: DECLARE NEGATIVE DECLARATION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)

FOR ISSUANCE FOR PUBLIC ENTERTAINMENT PERMIT, WATKINS GLEN INTERNATIONAL, INC. 2012 EVENTS WHEREAS, in accordance with Local Law No. 4 of the Year 2010, Watkins Glen International, Inc., of

Watkins Glen, NY has applied for a Public Entertainment (Outdoor) Permit for the 2012 season of events, and WHEREAS, the proposed events are:

• Finger Lakes Wine Festival, July 13, 2012 – July 15, 2012 • NASCAR, August 9, 2012 – August 12, 2012, and

WHEREAS, all events will take place at the Watkins Glen International facility located in the Town of Dix, Schuyler County, NY, and

WHEREAS, in compliance with NYCRR Part 617 State Environmental Quality Review (SEQR), Schuyler County must review the potential environmental impacts associated with the issuance of a permit under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, and

WHEREAS, on May 14, 2012, Resolution No. 164, the Legislature declared its intent to serve as lead agency for the environmental review and accepted the Environmental Assessment Form (EAF) and notified involved agencies of this intent to serve as lead agency, and

WHEREAS, no involved agencies challenged Schuyler County’s assertion of lead agency status within the required 30-day waiting period, and the Schuyler County Legislature considers itself as lead agency in this action.

NOW, THEREFORE, BE IT RESOLVED, that upon review of the submitted EAF and the permit materials provided by Watkins Glen International, Inc., and in consultation with the County Attorney and County Administrator, the Schuyler County Legislature finds that the issuance of the Public Entertainment (Outdoor) Permit for the proposed events listed in this resolution will not result in any significant negative environmental impacts, and accordingly issues a negative declaration of environmental impact. Vote 7-0. Abstain; Barnes RESOLUTION NO. 182 Motion by Larison, Second by Gifford. RE: AUTHORIZE GRANT APPLICATION FOR ROUND 2 STATEWIDE INTEROPERABLE

SCHUYLER COUNTY LEGISLATURE 74 COMMUNICATIONS GRANT – EMERGENCY MANAGEMENT WHEREAS, the New York State Division of Homeland Security and Emergency Services (DHSES)

through the Office of Interoperable and Emergency Communication is requesting applications for Round 2 Statewide Interoperable Communications Grant, and

WHEREAS, the Statewide Interoperable Communications Grant is designed to facilitate the development and support statewide interoperable communications for first responders, and

WHEREAS, Counties may apply for a maximum award of $6 million, and WHEREAS, the Emergency Management Office wishes to submit an application. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized

to sign any and all documents relative to the Round 2 Statewide Interoperable Communications Grant, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 183 Motion by Larison, Second by Gifford. RE: RESOLUTION TO PURCHASE LAND FROM CENTRAL ASPHALT/SUIT-KOTE CORPORATION

FOR USE OF A RADIO TOWER PLACEMENT WHEREAS, the current Schuyler County Emergency Services Communications System does not

provide adequate radio coverage for the emergency response agencies, and WHEREAS, the Emergency Management Office has been working to acquire land that would provide a

communications tower site suitable to enhance the current communications system, and WHEREAS, Suit-Kote Corporation, owns a four acres site on Dean Road in the Town of Hector Tax ID

56.00-1-2.2, and WHEREAS, this site is currently used by the Sheriff’s Communications system, and WHEREAS, this site is critical to the enhancement of Schuyler County Emergency Services

Communications System, and WHEREAS, Suit-Kote Corporation has agreed to sell this parcel for the assessed value amount of

$17,200. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign

the necessary documents to acquire and purchase parcel number 56.00-1-2.2, funds available in the 911 reserve fund to pay for said purchase; subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 184 Motion by Barnes, Second by Yuhasz. RE: APPROVE ALTERNATIVES TO INCARCERATION (ATI) SERVICE PLAN FOR 2012-2013-

PROBATION DEPARTMENT BUDGET- PROBATION WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the

year 2012 to 2013, and WHEREAS, the ATI Plan and Budget have been reviewed, and both appear to be in order and have been

approved by the Criminal Justice Advisory Council. NOW, THEREFORE, BE IT RESOLVED , that the 2012-13 Alternatives to Incarceration (ATI) Service Plan and Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the same upon approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council shall submit the same to the New York State Office of Probation and Correctional Alternatives for final approval. Vote 8-0. RESOLUTION NO. 185 Motion by Barnes, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2012 PREVENTING THE SPREAD OF AQUATIC

INVASIVE SPECIES IN SCHUYLER COUNTY – SHERIFF’S OFFICE WHEREAS, Aquatic Invasive Species can displace native species and alter natural ecosystems, and cause negative environmental and economic impacts for Schuyler County, and

WHEREAS, the Sheriff, along with the Public Safety/Criminal Justice Committee wish to enact a Local Law to prevent the spread of Aquatic Invasive Species in Schuyler County, and WHEREAS, said Local Law will make it unlawful to spread the species and will enforce penalties for

PROCEEDINGS OF THE YEAR 2012 75 the violation.


BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on July 9, 2012 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO NO. 4 OF THE YEAR 2012 A Local Law to Prevent the Spread of Aquatic Invasive Species in Schuyler County. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. Title. This Local Law shall be known and may be cited as “A Local Law in Relation to Preventing the Spread of Aquatic Invasive Species in Schuyler County.” SECTION 2. Legislative Intent. The Schuyler County Legislature hereby finds and determines that aquatic invasive species can displace native species and alter natural ecosystems, and cause negative environmental and economic impacts such as that presently occurring with regard to the Hydrilla infestation in the Cayuga Lake Inlet in Tompkins County. Ultimately, residents and visitors to Schuyler County alike are negatively impacted by the decline of water bodies subjected to aquatic invasive species. It is the intent of this law to protect the ecology of water bodies wholly or partially located and/or accessed in Schuyler County by preventing the introduction of any aquatic invasive species and therefore helping to protect the environment and economy of Schuyler County. SECTION 3. Definitions. As used in this law, the following terms shall have the following meanings;

(a) “Aquatic Invasive species” mean with respect to waters located and/or accessed in Schuyler County, any aquatic species, including its eggs, spores or other biological material capable of propagating or reproducing that species, that are not natural to said waters located or accessed in Schuyler County, including all of its cultivars and varieties, whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Invasive species, as that term is used herein, includes but is not limited to Hydrilla, Asian clam (Corbicula fluminea), Eurasian water, and milfoil and zebra mussels.

(b) “Person” means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent, or employee thereof.

(c) “Launch” mean to place a watercraft into a waterbody for any purpose and any activity that takes place within fifty feet of the high-water mark of the waterbody for the purpose of placing a watercraft into a water body, including moving by trailer or other device or carrying by hand a watercraft towards a waterbody, or entering a queue prior to launching.

(d) “Waterbody” means the same as “waters.” (e) “Waters” mean lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers,

streams, creeks, estuarites, marshes, inlets, canals, Seneca Lake within the territorial limits of the County of Schuyler , and all other bodies of surface or underground water, natural or artificial, inlands, fresh, public or private, which are wholly or partially within or bordering the County or within its jurisdiction.

(f) “Watercraft” means every motorized or non-motorized boat or vehicle capable of being used or operated as a means of transportation in or on water.

SECTION 4. Prohibitions (Unlawful Activities). It shall be unlawful for any person to: (a.) Launch or attempt to launch in Schuyler County a watercraft into a waterbody with any aquatic

invasive species or other plant or animal, or parts thereof, visible to the human eye in, on or attached to any part of the watercraft, including in live wells and bilges; the motor, rudder, anchor or other appurtenants; any equipment or gear; or the trailer or any other device used to transport or launch a watercraft that may come into contact with the water;

(b.) To enter a public highway in Schuyler County after leaving a launch site without first removing by hand any aquatic invasive species or other plant or animal, or parts thereof, visible to the human

SCHUYLER COUNTY LEGISLATURE 76 eye in, on, or attached to any part of the watercraft, including in live wells and bilges; the motor, rudder, anchor or other appurtenants; any equipment or gear; or the trailer or any other device used to transport or launch a watercraft that may come into contact with the water;

(c.) Removed items must be discarded away from the shoreline, in such a manner as to prevent the removed items from re-entering the waterbody;

(d.) Introduce, throw, dump, deposit, place or cause to be propagated, transplanted, introduced, thrown, dumped, deposited or placed in any water body, in whatever capacity and for whatever purpose while in Schuyler County, an aquatic invasive species.

SECTION 5. Exception to Prohibitions. The provisions of SECTION 4 of this Local Law shall not apply to:

(a.) The carrying and use of bait for the purpose of fishing, consistent with all applicable laws and regulations related to bait fish;

(b.) The use of the above-water portions of native plants for camouflage of the watercraft for the purpose of hunting, consistent with all applicable laws and regulations related to the use, possession and harvesting of plants;

(c.) Pets or hunting dogs; (d.) The intentional transport of plants or animals, including for food and landscaping, provided they are

fully and securely contained within or on board the watercraft; and (e.) The use of plants or animals for habitat restoration, weed control, scientific research,

aquaculture, or other activity, consistent with all applicable laws and regulations related to their use, possession or harvest.

SECTION 6. Penalty for Violation. Any person who engages in any activity prohibited by this Local Law shall be guilty of a violation. Every person convicted of a violation of this Local Law shall be punished by a fine of a minimum of Five Hundred Dollars ($500) and a maximum of Five Thousand Dollars ($5000) or imprisonment not to exceed fifteen (15) days or both said fine and imprisonment. SECTION 7. Enforcement. This Local Law shall be enforced by the Schuyler County Sheriff in the same manner as a traffic violation is handled .i.e. through the use of an appearance ticket and procedures similar to that used to enforce the Vehicle and Traffic Law of the State of New York except that the citation may be in a form determined to be adequate and expedient by the Sheriff and approved by the County Administrator. SECTION 8. Severability. If any section, subdivision, paragraph, sub paragraph, clause, or item of this title is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separated, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION 9. This act shall take effect immediately upon filing in the Office of the Secretary of State. Vote 8-0. RESOLUTION NO. 186 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE A MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY

CORRECTION OFFICER’S BENEVOLENT ASSOCIATION – SHERIFF’S OFFICE WHEREAS, due to the death of Deputy Sheriff, David Centurelli, the position of Navigation Officer is

now vacant, and WHEREAS, the current officer handling those duties is a Correction Officer, and WHEREAS, there is no stipulation in the Schuyler County Correction Officer’s Benevolent Association

collective bargaining agreement that addresses a stipend for Navigation Officer, and WHEREAS, the Schuyler County Correction Officer’s Benevolent Association and Schuyler County

have reached an agreement to modify the current collective bargaining agreement, and WHEREAS, said agreement will authorize payment of a stipend for the position of Navigation Officer at

a rate of pay of $.3800 per hour as already budgeted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff and the Chairman of the

Schuyler County Legislature are hereby authorized to sign a memorandum of Agreement with the Schuyler County Correction Officer’s Benevolent Association, subject to the approval of the Schuyler County Attorney.

PROCEEDINGS OF THE YEAR 2012 77 Vote 8-0. RESOLUTION NO. 187 Motion by Barnes, Second by Field. RE: DEDICATION OF THE HON. WILLIAM N. ELLISON SCHUYLER COUNTY COURTHOUSE WHEREAS, the Hon. William N. Ellison was sworn in as the 1st and only Schuyler County Attorney to be elected to the Supreme Court in 1982, a title he held until his retirement in 1998, and WHEREAS, prior to being Supreme Court Judge he was the Schuyler County District Attorney from 1961 to 1974 and Schuyler County Court Judge from 1974 to 1982, and WHEREAS, the Hon. William N. Ellison’s dedication to the profession has been illustrated in many ways, to include his activities in the community as a member and leader of numerous committees, associations, and organizations in the county, and WHEREAS, the Hon. William N. Ellison had developed a well-deserved reputation as being responsive and professional to those utilizing the court system, and with his recent passing on May 23, 2012, it is now the desire of the Schuyler County Legislature to dedicate the County Courthouse and name it the Hon. William N. Ellison Courthouse in recognition of his years of dedication and exemplary service. NOW, THEREFORE, BE IT RESOLVED, that this Legislature, hereby acknowledges and approves the naming and dedication of the Courthouse as the Hon. William N. Ellison Courthouse and commissions that a plaque be displayed on said facility as follows:

The Honorable

William N. Ellison Courthouse

In Honor of

Schuyler County Supreme Court Judge William N. Ellison’s

Thirty-Seven Years of Service: Schuyler County Supreme Court Judge – 1982-1998

Schuyler County Court Judge – 1974-1982 Schuyler County District Attorney – 1961-1974

Vote 8-0. RESOLUTION NO. 188 Motion by Barnes, Second by Field. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2012 AUTHORIZING THE

PROBATION DEPARTMENT TO ESTABLISH AND COLLECT A MONTHLY ADMINISTRATIVE SUPERVISION FEE FROM INDIVIDUALS SERVING A PROBATION SUPERVISION TERM WHEREAS, Local Law Intro. No. 3/Local Law No. 4 of the Year 2012 Authorizing the Probation

Department to Establish and Collect a Monthly Administrative Supervision Fee from individuals serving a Probation Supervision Term was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held June 11, 2012 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No. 4 of the Year 2012, 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. 4 of the Year 2012, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 4 OF THE YEAR 2012 A Local Law allowing the assessment and collection of a monthly administrative supervision fee as set

by the County Probation Department Pursuant to Article 2 (10) and Article 3 (20) of the Municipal Home Rule Law. Be it enacted by the Legislature of the County of Schuyler as follows:

SCHUYLER COUNTY LEGISLATURE 78 Section I. LEGISLATIVE INTENT It is the intent of this Local Law to require individuals currently serving a probation sentence as that term is defined under New York State Penal Law upon conviction of a crime, or subject to a term of interim probation or other conditions of supervision by the Probation Department, to pay a monthly administrative supervision fee of not less than $10.00 and no more than $30.00 per month to the Probation Department. This fee is intended to offset the burden of cost to the general public for services as provided by the Probation Department. Section 2. ESTABLISHMENT OF A MONTHLY ADMINISTRATIVE SUPERVISION FEE (a) Every person who has been sentenced to a period of probation as that term is defined under New York State Penal Law upon conviction of a crime, or who is subject to supervision by the Probation Department under other conditional probation terms, shall pay to the department a monthly administrative supervision fee not less than $10.00 per month nor more than $30.00 per month. (b) This fee will be applicable at the onset of a probation case or upon acceptance of a transferred probation case from another county following the passage of this local law. (d) The Probation Department shall determine the administrative fee upon review of the household and financial income in accordance with a fee schedule based on Federal Poverty Guidelines, in such form and manner as the Director of Probation shall determine. Changes in either household compensation or financial status may result in revision of fees. (b) The Department may waive all or part of the administrative supervision fee where, because of the indigence of the offender, the payment of such fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent of such person for financial support. (c) Monies collected pursuant to this Section shall be deposited by the Department with the County Treasurer and shall be utilized for services by the Department. Section 3. COLLECTION (a) Section 420.10, Subdivision 6, of the Criminal Procedure Law shall govern the collection of this fee; but payment of the administrative supervision fee shall not constitute a condition of any probation sentence. This administrative supervision fee shall not apply to youthful offender probationers. In the event of non-payment of any fees which have not been waived by the local probation department, the county may seek to enforce payment in any manner permitted by law for enforcement of a debt. Section 4. AGREEMENT Every person liable to pay an administrative supervision fee hereunder shall be informed of said fee and review a Payment Notification and Agreement in such a form as the Probation Director prescribes. A signature of the individual assessed for the fee is not required on the form. Section 5. RULES AND REGULATIONS The Director of Probation is empowered to adopt departmental policies and procedures necessary to implement this Local Law. Section 6. AMENDMENT OF FEES In the event that the administrative supervision fee requires an amendment, the County Legislature may, by resolution, amend any portion of the local law prescribed herein. Section 7. AID AND REIMBURSEMENT All administrative supervision fees collected hereunder shall be excluded from consideration by the Division of Probation when it determines state aid reimbursement pursuant to Section 246 of the Executive Law. Section 8. SEPARABILITY 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 shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law directly involved in the controversy in which such judgment shall have been rendered. Section 9. EFFECTIVE DATE

This Local Law shall take effect immediately upon final adoption by the Legislature. Vote 8-0. RESOLUTION NO. 189 Motion by Larison, Second by Gifford. RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR

PROCEEDINGS OF THE YEAR 2012 79 BE IT RESOLVED, that two (2) Resolutions be brought to the floor. Vote 8-0. RESOLUTION NO. 190 Motion by Field, Second by Barnes. RE: RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL

TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C CHAPTER 53, TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal

financial assistance for a transportation project, and WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain

obligations upon the applicant, and may require the applicant to provide the local share of the project cost, and WHEREAS, the applicant has or will provide all annual certifications and assurances to the Federal

Transit Administration required for the project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature or

his/her designee is authorized to execute and file application for Federal assistance on behalf of Schuyler County with the Federal Transit Administration for Federal Assistance authorized by 49.U.S.C. chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration, and

BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature or his designee is authorized to execute and file with its application the annual certification and assurances and other document the Federal Transportation Administration requires before awarding a Federal assistance grant or cooperative agreement, and

BE IT FURTHER RESOVED, that the Chairman of the Legislature or his designee is authorized to execute grant and cooperative agreements with the Federal Transit Administration and the cooperative agreement with New York State for the matching funds not to exceed half of the non-federal share of the total project cost on behalf of Schuyler County, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 191 Motion by Field, Second by Barnes. RE: REQUESTING THAT THE STATE OF NEW YORK STATE DEPARTMENT OF

TRANSPORTATION (DOT) COMPLETE THE STATE ROUTE 409 CONSTRUCTION PROJECT WHEREAS, Watkins Glen, New York located in the County of Schuyler attracts thousands of tourists each year to our Parks, Festivals and Wineries, and WHEREAS, State Route 409 is part of the original Grand Prix Track from the street racing that commenced in 1948 as well as the main ingress and egress to the State Park located in Watkins Glen, and WHEREAS, just one of the many festivals held in Watkins Glen is the re enactment of the Grand Prix, and WHEREAS, part of this re-enactment is the original track that was raced back in the 40’s is driven today. WHEREAS, State Route 409 is a safety hazard and needs to be reconstructed. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby request that in the interest of public safety, that the New York State Department of Transportation escalate the priority of the reconstruction of State Route 409 in Schuyler County, and BE IT FURHTER RESOLVED, that the Clerk to the Legislature forward certified copies of this Resolution to Governor Andrew M. Cuomo, Senator Thomas F. O’Mara, Assemblyman Christopher S. Friend, New York State DOT Commissioner, Joan McDonald and any others deemed necessary. Vote 8-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT:

SCHUYLER COUNTY LEGISLATURE 80 County Administrator O’Hearn mentioned how interesting it is to see the level of attention that is being paid to a number of ridiculous bills at the State Legislature. For example, an abused animal registry and more mandated reporting by the Department of Health for disasters and emergencies. He informed the Legislators to not hold out any hope for any type of mandate relief in this session.

Mr. Hurley commented that the laws in Albany sound ridiculous, however, there are a lot of people that take them seriously. He also feels that our Department Heads are doing a good job.

PUBLIC PARTICIPATION:

The Meeting adjourned at 6:55 p.m. Stacy B. Husted, Clerk

SPECIAL MEETING JUNE 25, 2012

The June 25, 2012 Special Meeting of the Schuyler County Legislature was called to order at 9:05 a.m.

by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of Silence. All Legislators were present. County Administrator, Timothy O’Hearn, and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION: None RESOLUTION NO. 192 Motion by Larison, Second by Gifford. RE: RATIFICATION OF SPECIAL MEETING


1. AUTHORIZE DECREASING THE HOURS OF THE SECOND ASSISTANT DISTRICT ATTORNEY POSITION FROM FULL-TIME TO LESS THAN FULL-TIME, 25 HOURS PER WEEK – DISTRICT ATTORNEY

Vote 8-0. RESOLUTION NO. 193 Motion by Barnes, Second by Field RE: AUTHORIZE DECREASING THE HOURS OF THE SECOND ASSISTANT DISTRICT

ATTORNEY POSITION FROM FULL-TIME TO LESS THAN FULL-TIME, 25 HOURS PER WEEK – DISTRICT ATTORNEY

WHEREAS, Resolution No.173-12 acknowledged the appointment by Joseph Fazzary, District Attorney, of John Tunney, as the Second Assistant District Attorney, to fill the full-time vacancy in the office, and

WHEREAS, the staffing needs of the Office have been re-evaluated and it is determined that the needs can be met by decreasing the hours of the position in place and still maintain the workload, and

WHEREAS, it is the recommendation of the Public Safety/Criminal Justice Committee Chairman that the Second Assistant District Attorney position be reduced to less than full-time, 25 hours a week, with pro-rated benefits.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the decrease in hours for the Second Assistant District Attorney position from full-time, 35 hours per week to less than full-time, 25 hours per week, with pro-rated benefits for the Schuyler County District Attorney’s Office, and

BE IT FURTHER RESOLVED, that this adjustment be retro-active to the date of the appointment Resolution, June 6, 2012.

MOTION by Legislator Halpin to go into executive session to discuss employee work history, SECOND by Legislator Karius. Motion failed three ayes to five noes. The no votes were from Legislator Barnes, Gifford, Larison, Yuhasz, and Field. DISCUSSION: Legislator Halpin explained that she will be voting no yet again on this Resolution. She stated that she asked the District Attorney over and over again how many hours the new Assistant District Attorney would be working and never got a straight answer. She was only told the County would get their monies worth.

PROCEEDINGS OF THE YEAR 2012 81 This seems pretty suspicions to her on the intent of hiring this person and the hours to be worked. Yes, reducing the hours will straighten it all out, but it makes us look bad, approving full time three weeks ago. She asked that the rest of the Legislators vote their conscience. She feels there should be no local share involved in this position. Chairman Fagan said he believes there was some misunderstanding with the hours and the County Administrator was under the impression this person was going to work full time. The less than full-time was for a residency requirement that was not necessary. The fact remains that the work will be done with this plan and within the 25 hours, and it will result in a lower local share cost of about $5,200, which is less than originally planned for the 35 hours a week, for eighteen months. With that understanding, as soon as it came apparent that it wasn’t 34 or 35 hours a week, it was clarified and is now being corrected. Legislator Halpin wanted to know how this happened. Chairman Fagan said apparently it was discovered his first week of work that he was only working two days a week. District Attorney, Joseph Fazzary, was present to explain that misconception. He does not work just Mondays and Fridays. He gave an example of his last week and that he is working well over 25 and close to 40, and he will be back up for the Chief Assistant District Attorney, Matthew Hayden, during the summer months. He said you cannot set a schedule for attorneys. He realizes you are supposed to clock in and out for benefit purposes. This person was bored with retirement and this is what he wants to do with his time and we are lucky to have him. He will also be handling Town courts for his office. Those are things the previous Assistant did. Town courts meet at night. His office is not committing fraud. Legislator Halpin asked if Mr. Tunney would be willing to work within the grant funds allotted with no local share. District Attorney Fazzary said no, he is willing to work for the salary offered to him, $40,000. Legislator Halpin argued the fact and asked why this was being done today. District Attorney Fazzary said it does not matter to him what the hours are set at. Legislator Barnes said observing the last six months, there has been a miscommunication breakdown between the Legislative Clerk, the Interim Human Resources Director and the secretary in the District Attorney’s Office. He takes responsibility and charge with this and said there will be no more acting on Resolutions that are not in front of us, let us now move forward. Vote 5-2. Noes: Karius, Halpin. Absent: Yuhasz. PUBLIC PARTICIPATION: None. The Meeting Adjourned at 9:14 a.m. Stacy B. Husted, Clerk

REGULAR MEETING JULY 9, 2012

The July 9, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m.

by Chairman Fagan. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present, except Legislator Yuhasz, who was excused. County Administrator, Timothy O’Hearn, and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION: None 6:45 P.M. - PUBLIC HEARING LOCAL LAW INTRO. NO. 4 OF THE YEAR 2012 PREVENTING THE SPREAD OF AQUATIC INVASIVE SPECIES IN SCHUYLER COUNTY – SHERIFF’S OFFICE

Mr. David Yost said he has seen what happens over the years. However, he is not sure this law will stop the spread of it. Has a pond on his property that is filled with this. It has never had a boat or trailer in it. There are many ways in which this is being introduced. He stated, he fished on Lamoka Lake last week, and was very careful to clean what he thought was all of the weeds from his boat. However, when they got home, they still found weeds. Chairman Fagan questioned him if it was Milfoil. He said no, it was not. Chairman Fagan stated that they realize this new law will not prevent the spread but should help reduce it. He explained that it gives the Sheriff’s Department a mechanism for enforcement. If the people are going to just ignore the posted signs at docks and loading areas, this law will be a tool for the Sheriff’s Department. All they can do is try to educate the people to try and minimize the spreading of the species. He also discussed what various states are doing and the costs associated with these efforts. He explained the various forms of treatments and what is being done in Cayuga Lake in Tompkins County. Sheriff William Yessman assured the public in attendance that they are not going to write tickets when they see each offense. If they see blatant disregard to the signs by

SCHUYLER COUNTY LEGISLATURE 82 boaters at the access points on a continual basis, then yes, tickets will be issued. He emphasized that this is not because they need something to do. The general consensus has been, why isn’t the Sheriff doing something about this? Even with this new law, all this will do is slow it down. Do we think this will help, yes. He explained the intent of this law. Chairman Fagan stated that in Tompkins County, they estimate a cost of $1.8 million just this year to fight this in their lake. Elaine Dalyrmple, from the Soil & Water Conservation District, stated that Hydrilla is a very serious weed, and it could take over Cayuta Lake in two years. We have to do whatever we can to not let it get in Seneca Lake. Mr. Yost stated that he bought a trailer thirty years ago and has been watching the lake and everything that has been told had not worked out that way. Milfoil, and now zebra mussels took two years to become what they are now. This problem is bigger than all of us. He applauded the efforts of the Legislature and the Sheriff’s Department, but he does not feel they should make a criminal out of the people that want to help you. He suggested self inspection stations and a launch education process. RESOLUTION NO. 194 Motion by Larison, Second by Barnes. RE: APPROVE MINUTES OF THE JUNE 6, 2012 SPECIAL MEETING, JUNE 11, 2012 REGULAR

MEETING AND THE JUNE 25, 2012 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 6, 2012 Special Meeting, June 11, 2012 Regular

Meeting, and the June 25, 2012 Special Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLTUION NO. 195 Motion by Barnes, Second by Field. RE: AUTHORIZE CREATION OF THE SOUTHERN TIER INTEROPERABLE COMMUNICATIONS

CONSOURTIUM – EMERGENCY MANAGEMENT WHEREAS, the Southern Tier Region recognizes the need for working together in a cooperative and

productive atmosphere for the purpose of developing a common interoperable communications system, and WHEREAS, Chemung, Schuyler, and Steuben Counties believe it would be in the best interest of their

respective public safety first responders if the Southern Tier Region worked as a consortium to develop an improved interoperable wireless communications system for governmental public safety/service agencies throughout the Southern Tier Region, and

WHEREAS, Schuyler County agrees to endorse the creation of the Southern Tier Interoperable Communications Consortium for the sole purpose of developing efficient and effective solutions to the Southern Tier Region’s public safety communications needs.

NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the agreements between Chemung, Schuyler, and Steuben Counties; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 196 Motion by Barnes, Second by Field. RE: AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE DIVISION OF

CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE OFFICE OF VICTIM SERVICES GRANT FUNDS - DISTRICT ATTORNEY’S OFFICE WHEREAS, the District Attorney’s Office was previously awarded a three year contract from October

1, 2009 through September 30, 2012 in the amount of $143,457 from the New York State Office of Victim Services (previously known as the Crime Victims Board) to assist the Schuyler County District Attorney’s Office to ensure that victims of crimes are being assisted as well being fully aware of the services available to them, and

WHEREAS, the New York Office of Victim Services is offering a one year grant extension with additional funding in the amount of $48,574, with a 20% County match (10% in – kind and 10% to be funded from the District Attorney’s budget) for a one year term of October 1, 2012 through September 30, 2013.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $48,574 with a 20% County match (10% in – kind and 10% to be funded from the District Attorney’s budget); said documents subject to approval by the Schuyler County Attorney.

PROCEEDINGS OF THE YEAR 2012 83 Vote 7-0. RESOLUTION NO. 197 Motion by Barnes, Second by Field. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012/2013 NYS AID TO PROSECUTION

GRANT - DISTRICT ATTORNEY WHEREAS, NYS Division of Criminal Justice Services has grant funding available through an Aid to

Prosecution Grant for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses; and

WHEREAS, this Grant is estimated to be in the amount of $29,200; NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County

District Attorney to submit a grant application for 2012/2013 NYS Aid to Prosecution Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District

Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $29,200; said documents subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLTUION NO. 198 Motion by Larison, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR ASSIGNED COUNSEL -

PUBLIC DEFENDER WHEREAS, an increased number of criminal and family court matters have been assigned outside the obligation of the public defender’s office and the conflicts defender’s office, and

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $25,000 from the Contingency account no. 1990.500 into the Public Defenders Assigned Counsel Accounts as follows:

WHEREAS, the Public Defender’s office will soon deplete all funding for assigned counsel.

ACCOUNT NO. AMOUNT DESCRIPTION 1990.500 -$25,000 Contingency Account 1170.563 +$10,000 Assigned Counsel Expenses/Family Court 1170.605 +$10,000 Assigned Counsel Expenses /Criminal Court 1170.435 +$ 5,000 Professional Fees/Services

Vote 7-0. RESOLUTION NO. 199 Motion by Larison, Second by Halpin. RE: ACCEPT PROPOSAL FROM MXI ENVIRONMENTAL SERVICES FOR THE SEPTEMBER 29,

2012 HOUSEHOLD HAZARDOUS WASTE DAY WHEREAS, the Planning Office of Cooperative Extension has issued a Request for Proposals for a

Household Hazardous Waste Collection Day, and WHEREAS, two valid proposals were received, and WHEREAS, MXI Environmental Services, LLC has been in business since 1960 and has been servicing

Household Hazardous Waste Days since 1990s and has worked in New York since 2007, and WHEREAS, MXI Environmental Services, LLC meets all background, technical and budget

requirements as outlined in the RFP document, and WHEREAS, MXI Environmental Services, LLC provided price schedule allows for improved budget

control during the registration process, guaranteeing we will not go over budget. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell

Cooperative Extension, that the Schuyler County Legislature hereby accepts the proposal from MXI Environmental Services, LLC, in an amount not to exceed $7,500 for a Household Hazardous Waste Collection Day to be held September 29, 2012, at the Schuyler Shared Services Building, and

BE IT FURTHER RESOLVED, that the other proposal be rejected, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and

all documents necessary to carry out the above-referenced proposal acceptance, funding available in grant funds; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 200 Motion by Larison, Second by Halpin.

SCHUYLER COUNTY LEGISLATURE 84 RE: ACCEPT THE PROPOSAL FROM RCR&R FOR THE SEPTEMBER 29, 2012 USED

ELECTRONICS RECYCLING DAY WHEREAS, the Planning Office of Cornell Cooperative Extension has issued a Request for Proposals for a Used Electronics Recycling Day, and WHEREAS, three valid proposals were received, and WHEREAS, RCR&R has been in business since 1995 and has substantial expertise in the collection, transportation, dismantling, salvage, sale, reuse, and recycling of computer and electronic material, and WHEREAS, RCR&R has successfully serviced Schuyler County collection events in the past in a professional manner, providing required reporting on time, and WHEREAS, RCR&R will shred data devices at no cost, and WHEREAS, RCR&R will provide staff the day of the event to assist with packaging materials, and WHEREAS, RCR&R will pay the County $.061/ pound of electronics collected.

NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the Planning Office of Cornell Cooperative Extension, that the Schuyler County Legislature hereby accepts the proposal from RCR&R for an Electronics Recycling Day to be held September 29, 2012, at the Schuyler Shared Services Building, and

BE IT FURTHER RESOLVED, all other proposals shall be rejected, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and

all documents necessary to carry out the above referenced proposal acceptance; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 201 Motion by Karius, Second by Halpin. RE: DECLARE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND

MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 AND #3 DUE TO THE ANNUAL AGRICULTURE DISTRICT ENROLLMENT AND SET PUBLIC HEARING DATE

WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and

WHEREAS, in 2011 the County did receive three requests from landowners for inclusion in Schuyler County Agricultural District #2 and Agricultural District #3, and

WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on June 18, 2012 that all of these requests are comprised of substantially viable agricultural land contained wholly within parcels 29.00-1-13 containing 83.80 acres owned by James Lyle, Ag District #2 32.00-1-32 and 32.00-1-33.1 containing a total of 25.14 acres owned by Gary and Sandie Pappa, Ag District #2 88.10-1-1.1, 88.00-1-3, 88.00-1-4.112 containing a total of 85 acres owned by John Murch, Ag District #3, and

WHEREAS, Schuyler County has determined that the action to include 108.94 acres into Schuyler County Agriculture District #2 and 85 acres into Schuyler County Agriculture District # 3, is an unlisted action and has elected to use form RA-115 provided by NYS Department of Agriculture and Markets to assess any environmental impacts.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature has reviewed the potential impacts of the proposed modification of Schuyler County Ag Districts #2 and #3 and found that there will be no significant negative environmental impacts associated with this action, and that inclusion of approximately 193.94 total acres of farm and agricultural resource land will strengthen the position of agriculture within our communities, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature does intend to hold a public hearing for consideration of the recommendations by the Board on the inclusion of said parcels on August 13, 2012 at 6:45 p.m. at its Regular Meeting of the Legislature. Vote 7-0. RESOLUTION NO. 202 Motion by Karius, Second by Halpin. RE: AUTHORIZE 2012-2013 CONTRACT RENEWAL WITH THE ARC OF SCHUYLER COUNTY

FOR PUBLIC TRANSIT – AS AMENDED

PROCEEDINGS OF THE YEAR 2012 85 WHEREAS, Sec. 1191 of the General Municipal Law authorizes a County to enter into contracts with private bus systems for the performance of certain transportation operations, and WHEREAS, Sec. 18-b of the Transportation Law authorizes state funded assistance program for passenger transportation and further provides that the County may make application to the NYS Department of Transportation for funds to maintain existing bus transportation services, which said funds, upon receipt by the municipality, are to be matched by said municipality, and WHEREAS, it is proper for carriers to contribute to the County the said matching funds to the end that the carrier shall receive the funds under Sec. 18-b of the Transportation Law available for its transportation operations within the County of Schuyler, and WHEREAS, The Arc of Schuyler has been providing this service since August 2010 with an agreement due to expire August 16, 2012, and has agreed to continue this service.

NOW, THEREFORE, BE IT RESOLVED THAT: 1. The County Treasurer and the Chairman of the Legislature are hereby authorized to apply on behalf of the

County for carrier assistance funds under Sec. 18-b of the Transportation Law and provide matching funds, as well as other State Operating Assistance Programs that may be enacted.

2. That the County, by its Chairman of the Board, enters into a contract with The Arc of Schuyler to provide carrier service with a term of August 17, 2012 through June 30, 2013, subject to approval by the Schuyler County Attorney.

3. That the contract with the said Carrier be so drawn as to minimize cost to the County by utilizing existing human service transportation budget allocations to fund the required matching portion.

Vote 7-0. RESOLUTION NO. 203 Motion by Karius, Second Halpin. RE: AUTHORIZE TWO-YEAR APPOINTMENT TO THE ENVIRONMENTAL MANAGEMENT

COUNCIL BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of Sarah Teed,

Member at Large, Student Representative, to the Environmental Management Council for the term July 9, 2012 through December 31, 2013. Vote 7-0. RESOLUTION NO. 204 Motion by Halpin, Second by Larison. RE: AUTHORIZE CONTRACT WITH SCHUYLER COUNTY PUBLIC HEALTH FOR FACILITATOR

REIMBURSEMENT FROM THE NEW YORK STATE SUICIDE PREVENTION INITIATIVE 2012 MENTAL HEALTH ASSOCIATION (MHANYS) LOCAL MINI-GRANTS – YOUTH BUREAU WHEREAS, the Youth Bureau is a member of the Suicide Awareness for Everyone Coalition in

Schuyler County, and WHEREAS, this coalition has been formed to bring public awareness, support and education to the

community, and WHEREAS, the Schuyler County Youth Bureau is the oversight and fiscal agency for the grant, and WHEREAS, Schuyler County Public Health is providing the facilitator for up to six public meetings,

and WHEREAS, the total cost including the reimbursement for advertising of events is not to exceed $1,000,

and WHEREAS, the grant covers the facilitator and advertising expenses for the period from June 1, 2012 to

December 31, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

sign the aforementioned contract for payment from the Schuyler County Youth Bureau to Schuyler County Public Health for facilitation services provided from the MHANYS Local Mini-Grant funding; subject to review of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 205 Motion by Halpin, Second by Larison.

SCHUYLER COUNTY LEGISLATURE 86 RE: AUTHORIZING ARBOR DEVELOPMENT TO SUBMIT AN APPLICATION TO THE

DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ON BEHALF OF SCHUYLER COUNTY WHEREAS, Schuyler County is an eligible applicant for the 2012 Community Development Block

Grant (CDBG) Small Cities Program, in the amount to be not more than $250,000, and WHEREAS, Arbor Development, Inc. is desirous of continuing its program of housing rehabilitation for

low and moderate income households, and WHEREAS, said housing rehabilitation activities are an eligible expenditure of CDBG funds, and WHEREAS, under the CDBG Program, Schuyler County is permitted to contract with Arbor

Development, Inc. to provide said rehabilitation. NOW THEREFORE, BE IT RESOLVED, that Arbor Development is hereby authorized to submit an

application to the Department of Housing and Community Renewal for a Community Development Block Grant to provide funding for housing rehabilitation, and

BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is hereby authorized to sign the application, and

BE IT FURTHER RESOLVED, that should said grant be awarded to Arbor Development, the Schuyler County Treasurer is hereby authorized to deposit said grant in the appropriate line item in the Schuyler County Budget, and

BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature and the Executive Director of Arbor Development is hereby authorized to sign all appropriate and necessary documents to implement said grant, subject to the approval of the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, a certified copy of this resolution shall be forwarded to the Executive Director, Arbor Development, Inc., 16 William Street, Bath, New York 14810. Vote 7-0. RESOLUTION NO. 206 Motion by Halpin, Second by Larison. RE: APPOINTMENT TO THE COMMUNITY SERVICES BOARD – COMMUNITY SERVICES

WHEREAS, the Community Services Board has a vacancy, and WHEREAS, the Nominating Committee of the Community Services Board recommends that as Dr. S. M.

Anwar Ahmed has expressed an interest in being appointed to this Board. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature approves the appointment

of Dr. S. M. Anwar Ahmed to the Community Services Board for the term July 11, 2012 through December 31, 2012. Vote 7-0. RESOLUTION NO. 207 Motion by Halpin, Second by Field. RE: APPOINTMENT TO THE OFFICE OF PEOPLE WITH DEVELOPMENTAL DISABILITIES SUBCOMMITTEE – COMMUNITY SERVICES

WHEREAS, the Developmental Disabilities Subcommittee has a vacancy, and WHEREAS, Philip Barnes has expressed interest in being appointed to the Developmental Disabilities

Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature appoint Philip Barnes to

the People with Developmental Disabilities Subcommittee for the term July 10, 2012 through December 31, 2012. Vote7-0. RESOLUTION NO. 208 Motion by Halpin, Second by Field. RE: APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE – COMMUNITY SERVICES

WHEREAS, the Mental Health Subcommittee has a vacancy, and WHEREAS, Cheryl Pruett has expressed interest in being appointed to the Mental Health Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature appoint Cheryl Pruett to

the Mental Health Subcommittee for the term July 10, 2012 through December 31, 2012. Vote 7-0. RESOLUTION NO. 209 Motion by Halpin, Second by Field.

PROCEEDINGS OF THE YEAR 2012 87 RE: ACCEPT AND ESTABLISH THE BIOTERRORISM/ PUBLIC HEALTH EMERGENCY

PREPAREDNESS GRANT – PUBLIC HEALTH WHEREAS, the Public Health Department has received a grant from Health Research Institute (HRI)

Bioterrorism/Public Health Emergency Preparedness (PHEP) in the amount of $53,500, and WHEREAS, the grant will be for the period July 1, 2012 through June 30, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to

sign any and all documents relative to the grant, subject to the approval of the County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be directed to establish the Bioterrorism/Public Health Emergency Preparedness grant, in cooperation with the Public Health Department. Vote 7-0. RESOLUTION NO. 210 Motion by Larison, Second by Gifford. RE: AUTHORIZE LEASE WITH GENESEE REGIONAL HOME CARE dba LIFETIME CARE – PUBLIC

HEALTH WHEREAS, Schuyler County Public Health will no longer be operating a Certified Home Care Agency,

leaving office space available in Mill Creek Center, and WHEREAS, Lifetime Care is going to be operating a Certified Home Care Agency and wish to have

space in Schuyler County. NOW, THEREFORE, BE IT RESOLVED that Schuyler County Public Health Department will lease

1,000 square feet of designated office space in Mill Creek Center for $11.25 per square foot from August 1, 2012 to July 31, 2013, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said lease for the Public Health Department for the terms and conditions above, subject to the approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 211 Motion by Larison, Second by Gifford. RE: AUTHORIZE ON-GOING CONTRACT WITH LIFETIME CARE A D/B/A OF GENESSE

REGIONAL HOME CARE ASSOCIATION, INC. (GRHCA) FOR PHONE SERVICE – BUILDINGS AND GROUNDS BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an on-

going contract with Lifetime Care a d/b/a of Genesee Regional Home Care Association, Inc. (GRHCA) for telephone service in the Mill Creek Complex at a cost to include a monthly line charge to be determined per Resolution 530-94, plus 15% administrative cost per line, with call costs to be billed at cost, subject to approval of the County Attorney. Vote 7-0. RESOLUTION NO. 212 Motion by Larison, Second by Gifford. RE: AUTHORIZE TWO-YEAR TERM AGREEMENTS WITH HUNT ENGINEERS AND FISHER

ASSOCIATES - HIGHWAY BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute two-year term agreements with Hunt Engineers and Fisher Associates for various engineering services for the County Highway Department for the term July 1, 2012 through June 30, 2014; said agreements subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 213 Motion by Barnes, Second by Halpin. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR STRUCTUAL MAINTENANCE AND REPAIRS

ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY WHEREAS, the County’s bridge, culvert and guiderail system is extensive, and

WHEREAS, the County receives structural damage which requires repair on various structures throughout the County due to emergencies, State Flag reports, natural disasters, etc., and WHEREAS, work on these structures may require services from private firms to assist County forces,

and

SCHUYLER COUNTY LEGISLATURE 88 WHEREAS, we have term agreements in place for engineering services to develop plans and design any

needed repairs. NOW, THEREFORE, BE IT RESOLVED, that the Clerk to the Legislature in coordination with the Highway Superintendent be hereby authorized to advertise for bids on an hourly basis from private firms to assist county forces for repairs on various structures throughout the county. Vote 7-0. RESOLUTION NO. 214 Motion by Barnes, Second by Halpin. RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OF REAL PROPERTY TAXES –

TOWN OF HECTOR WHEREAS, an application for refund of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 6.20-1-4 owned by Brylinsky in the Town of Hector, and WHEREAS, the 2012 County/Town tax bill includes an erroneously relevied school tax that had been previously paid, and

WHEREAS, the Director of the Real Property Tax Service Agency has investigated the circumstances of the alleged error and found that it constitutes a clerical error as defined in RPTL 550(2)(i), and WHEREAS, it is the recommendation of the Director to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the County Treasurer shall issue a refund to the taxpayer in the amount of $4,878.48, with that amount charged back to the Watkins Glen Central School District. Vote 7-0. RESOLUTION NO. 215 Motion by Harnes, Second by Halpin. RE: DELEGATING TO THE SCHUYLER COUNTY LEGISLATURE, WITH THE PARTICIPATION OF

THE COUNTY TREASURER AND THE COUNTY ADMINSTRATOR, THE AUTHORIZATION TO ASSIGN AMOUNTS TO SPECIFIC PURPOSES IN THE ASSIGNED FUND BALANCE… AND IN COMPLYING WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) STATEMENT NO. 54 ENTITLED ‘FUND BALANCE REPORTING AND GOVERNMENTAL FUND TYPE DEFINITIONS

In this resolution, the following definitions apply, unless a different meaning clearly appears from the context: a. Nonspendable Fund Balance – consists of assets that are inherently non-spendable in the current

period either because of their form or because they must be maintained intact, including prepaid items and long-term portions of loans receivable.

b. Restricted Fund Balance – consists of amounts that are subject to externally enforceable legal purpose restrictions imposed by creditors, grantors, contributors, or laws and regulations of other governments; or through constitutional provisions or enabling legislation.

c. Committed Fund Balance – consists of amounts that are subject to a purpose constraint imposed by a formal action of the government’s highest level of decision-making authority (i.e., the Schuyler County Legislature) and that require the same level of formal action to remove the constraint.

d. Assigned Fund Balance – consists of amounts that are subject to a purpose constraint that represents an intended use established by the government’s highest level of decision-making authority (i.e., The Schuyler County Legislature). The purpose of the assignment must be narrower than the purpose of the general fund, and in funds other than the general fund, assigned fund balance represents the positive residual amount of fund balance (although amounts for specific purposes may be established and segregated). The portion of fund balance appropriated to balance the following year’s budget will also be classified as assigned fund balance.

e. Unassigned Fund Balance – the positive or negative residual balance in the general fund, or if applicable the negative residual fund balance in non-general funds.

WHEREAS, fund balance measures the net financial resources available to finance expenditures of future periods; and

WHEREAS, in consideration of unanticipated events that could adversely affect the financial condition of the County and jeopardize the continuation of necessary public services, and in an effort to ensure that the County maintains adequate fund balances and reserves in order to provide sufficient cash flow for daily

PROCEEDINGS OF THE YEAR 2012 89 financial needs; and

WHEREAS, the Governmental Accounting Standards Board has issued GASB Statement Number 54 requiring a reclassification of municipal equity accounts, and changes the terminology and reclassifies the components of fund balance; and

WHEREAS, Schuyler county desires to comply with this Statement so that it can continue to receive unqualified audit opinions; and

WHEREAS, Legislature desires to retain authority to assign fund balance for specific purposes. NOW, THEREFORE, BE IT RESOLVED, that the Legislature delegates to the Management & Finance

Committee, with the participation of the County Treasurer and County Administrator, the authorization to recommend the assignment of appropriate portions of fund balance, to be adopted by Resolution, to specific purposes in the assigned fund balance; and

BE IT FURTHER RESOLVED, that the County will expend funds in the following order: Restricted first, then Committed, then Assigned and lastly, Unassigned. Vote 7-0. RESOLUTION NO. 216 Motion by Larison, Second by Gifford. RE: STANDARD WORK DAY AND REPORTING RESOLUTION FOR THE YEAR 2012

WHEREAS, the New York State and Local Employees’ Retirement System established §315.4, a new regulation on retirement reporting for elected and appointed officials which became effective August 12, 2009, and

WHEREAS, the new regulation adds additional requirements for both employers and elected and appointed officials, including an expanded record of work activities, a more detailed resolution and specific time frames within which requirements must be completed.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby establishes the following below as standard work days for certain elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of the Legislature, and

BE IT FURTHER RESOLVED, that the below list reflects only those elected and appointed officials with term of office commencing after August 12, 2009, as stipulated in the new regulation, and

BE IT FURTHER RESOLVED, that elected and appointed officials who are not members of the State Retirement System are not subject to the provisions of this law, and

BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to the New York State Comptroller.

TITLE

NAME

STANDARD WORKDAY (HRS/DAY)

TERM BEINGS/ENDS

PARTICIPATES IN EMPLOYER’S TIME KEEPING SYSTEM (Y/N)

DAYS/MONTH (BASED ON

RECORD OF ACTIVITIES)

Elected Officials County Treasurer Gary J. Whyman 7 01/01/2012 – 12/31/2015 Y N/A Appointed Officials County Attorney Geoffrey B. Rossi 7 01/01/2012 – 12/31/2015 Y N/A Clerk of the Legislature Stacy B. Husted 7 01/01/2012 – 12/31/2015 Y N/A Public Defender Wesley Roe 7 01/01/2012 – 12/31/2015 Y N/A Vote 7-0. RESOLUTION NO. 217 Motion by Larison, Second by Gifford. RE: ACKNOWLEDGE APPOINTMENTS OF ELECTION INSPECTORS – BOARD OF ELECTIONS WHEREAS, after completing the necessary training and upon certification the Schuyler County Board of Election Commissioners have made a recommendation of 82 individuals to be appointed as election inspectors. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment of the following individuals as Schuyler County Election Inspectors for a one year term commencing July 15, 2012 through July 14, 2013:

REPUBLICANS

SCHUYLER COUNTY LEGISLATURE 90 Karen Allen; Susan Baker; Sonraeanna Carubia; Theresa Cope; Michael Dinkins; Doris H. Fazzary; Judy Forney; Mae Harrison; Margaret T. Herrick; Elizabeth J. Hollis; Mary Ellen Hoose; John D. Hunt; Timothy Jaynes; Florence M. Klopf; Gretchen Leuze; Anita Lockwood; Harry J. Lockwood; Jamee Mack; Patricia Macnanara; Esther Mast; Cathy-Rae Mathews; Debra Opdyke; Lisa Orr; Kathleen Palmisano; Lee Phelan; Greta Preston; Ira Ray; Patricia Robinson; Linda Shine; Helen M. Sipperley; Ida Smalley; Beatrice Smyder; Elizabeth J. Sullivan; Jolene Swick; Joyce VanVleet; Phyllis P. Welshans; Debra M White; Maureen N. Colunio, Lois Brown, Bonita Romeo

DEMOCRATS Debra Albro; Geraldine Boyce; Patricia L Butler; Judith Caruso; Susan Cecce; Elizabeth Fagan; Shannon Cornish; Nancy L. Crouch; Vera Franzese; Betty Heichel; Caroline Hecht; Jean Hubsch; Sally J. Human; Virginia Jensen; Edith J. Jones; Diane Koi-Thompson; Suzanne Learn; Jacqueline Leidenfrost; Susanne Lipari; Elizabeth Martin; Neal Melveney; Madalyn B. Morgan; Kathleen D. Mayo; Thomas McGarry; George Miner; Marion Nicastro; Meghan Orbin; Jean Parker; Rosemary Paterson; Nona Schimizzi; Catherine Sirrine; Karen Solomon; Carlene L. Swick; Sandra Teeter; Elizabeth Underdown; Francis VanDyke; Melisa Zeoke; Sara Delahanty; Betty Boggs; Mary Ann Freeman-Croyle; Ellen Thomason; Diane Cleary; Sharon Scheid; Yvonne Foote, Elaine S. White. Vote 7-0. RESOLUTION NO. 218 Motion by Larison, Second by Gifford. RE: ISSUE PUBLIC ENTERTAINMENT PERMITS TO WATKINS GLEN INTERNATIONAL, INC.

FOR THEIR 2012 EVENTS WHEREAS, in accordance with Local Law No. 4 of the Year 2010, Watkins Glen International, Inc., of

Watkins Glen, NY has applied for a Public Entertainment (Outdoor) Permit for the 2012 season of events, and WHEREAS, the proposed events are:

• Finger Lakes Wine Festival, July 13, 2012 – July 15, 2012 • NASCAR, August 8, 2012 – August 9, 2012, and

WHEREAS, all events will take place at the Watkins Glen International facility located in the Town of Dix, Schuyler County, NY, and

WHEREAS, in compliance with the issuance of a permit under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, all requirements have been met.

NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the County Attorney and County Administrator, the Schuyler County Legislature authorizes the issuance of the Public Entertainment (Outdoor) Permits for the proposed events listed in this resolution to Watkins Glen International, Inc. Vote 6-0. Abstained; Barnes. RESOLUTION NO. 219 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT WITH THE VILLAGE OF MONTOUR FALLS FOR COURT

SECURITY SERVICES– SHERIFF’S OFFICE WHEREAS, the Village of Montour Falls wishes to contract with the Schuyler County Sheriff’s Office for Court Security Services, and WHEREAS, the agreement will be a four year term, with reimbursement for personnel services at actual cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with the Village of Montour Falls for a term of August 1, 2012 through July 31, 2016, subject to the approval of the County Attorney. Vote 7-0.

RE: AUTHORIZE AMENDING THE 2012 CONTRACT WITH RACHAEL BORUCHOWITZ, J.D. FOR ADDITIONAL ATTORNEY SERVICES – COUNTY ATTORNEY’S OFFICE

RESOLUTION NO. 220 Motion by Larison, Second by Barnes.

WHEREAS, Resolution No. 40-12 authorize a contract with Rachael Boruchowitz, J.D. for Child Protective Attorney Services, and

PROCEEDINGS OF THE YEAR 2012 91 WHEREAS, the Schuyler County Attorney’s Office has a demonstrated need for additional legal

services for any Social Services, conflicts, and overload cases that could be assigned to Rachael Boruchowitz, J.D., and

WHEREAS, the hourly rate will be the same of $100.00, with an additional $5,000 to be added to the current not to exceed amount of $5,000 in the original contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract amendment with Rachael Boruchowitz, J.D. for additional Attorney Services for the County Attorney’s Office at an hourly rate of $100.00 per hour, to add an additional $5,000 to contract making the not to exceed amount now $10,000.00, funding available in the 2012 County Attorney budget account no. 1420.401, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 221 Motion by Larison, Second by Barnes. RE: AUTHORIZE AMENDING RESOLUTION NO. 175-12 TITLED “ACCEPT/REJECT BIDS FOR

SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES – BUILDING AND GROUNDS”

WHEREAS, Resolution No. 175-12 accepted a bid from Binghamton Road Electric, for upgrades to the existing facilities at the Seneca Harbor Park in the amount of $102,255, and WHEREAS, the amount in Resolution No. 175-12 was incorrect and needs to be amended as the correct bid amount was actually $102,265. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 175-12 is hereby amended to change the amount in the Resolution from $102,255 to $102,265. Vote 7-0. RESOLUTION NO. 222 Motion by Larison, Second by Barnes. RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2012 PREVENTING THE SPREAD OF AQUATIC

INVASIVE SPECIES IN SCHUYLER COUNTY – SHERIFF’S OFFICE WHEREAS, Local Law Intro. No. 4/Local Law No.5 of the Year 2012 Preventing the Spread of Aquatic

Invasive Species in Schuyler County was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held July 9, 2012 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4/Local Law No.5 of the Year 2012, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 4/Local Law No. 5 of the Year 2012, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO NO. 4 OF THE YEAR 2012 A Local Law to Prevent the Spread of Aquatic Invasive Species in Schuyler County. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. Title. This Local Law shall be known and may be cited as “A Local Law in Relation to Preventing the Spread of Aquatic Invasive Species in Schuyler County.” SECTION 2. Legislative Intent. The Schuyler County Legislature hereby finds and determines that aquatic invasive species can displace native species and alter natural ecosystems, and cause negative environmental and economic impacts such as that presently occurring with regard to the Hydrilla infestation in the Cayuga Lake Inlet in Tompkins County. Ultimately, residents and visitors to Schuyler County alike are negatively impacted by the decline of water bodies subjected to aquatic invasive species. It is the intent of this law to protect the ecology of water bodies wholly or partially located and/or accessed in Schuyler County by preventing the introduction of any aquatic invasive species and therefore helping to protect the environment and economy of Schuyler County. SECTION 3. Definitions. As used in this law, the following terms shall have the following meanings;

(g) “Aquatic Invasive species” mean with respect to waters located and/or accessed in Schuyler County, any aquatic species, including its eggs, spores or other biological material capable of

SCHUYLER COUNTY LEGISLATURE 92 propagating or reproducing that species, that are not natural to said waters located or accessed in Schuyler County, including all of its cultivars and varieties, whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Invasive species, as that term is used herein, includes but is not limited to Hydrilla, Asian clam (Corbicula fluminea), Eurasian water, and milfoil and zebra mussels.

(h) “Person” means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent, or employee thereof.

(i) “Launch” mean to place a watercraft into a waterbody for any purpose and any activity that takes place within fifty feet of the high-water mark of the waterbody for the purpose of placing a watercraft into a water body, including moving by trailer or other device or carrying by hand a watercraft towards a waterbody, or entering a queue prior to launching.

(j) “Waterbody” means the same as “waters.” (k) “Waters” mean lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers,

streams, creeks, estuarites, marshes, inlets, canals, Seneca Lake within the territorial limits of the County of Schuyler , and all other bodies of surface or underground water, natural or artificial, inlands, fresh, public or private, which are wholly or partially within or bordering the County or within its jurisdiction.

(l) “Watercraft” means every motorized or non-motorized boat or vehicle capable of being used or operated as a means of transportation in or on water.

SECTION 4. Prohibitions (Unlawful Activities). It shall be unlawful for any person to: (e.) Launch or attempt to launch in Schuyler County a watercraft into a waterbody with any aquatic

invasive species or other plant or animal, or parts thereof, visible to the human eye in, on or attached to any part of the watercraft, including in live wells and bilges; the motor, rudder, anchor or other appurtenants; any equipment or gear; or the trailer or any other device used to transport or launch a watercraft that may come into contact with the water;

(f.) To enter a public highway in Schuyler County after leaving a launch site without first removing by hand any aquatic invasive species or other plant or animal, or parts thereof, visible to the human eye in, on, or attached to any part of the watercraft, including in live wells and bilges; the motor, rudder, anchor or other appurtenants; any equipment or gear; or the trailer or any other device used to transport or launch a watercraft that may come into contact with the water;

(g.) Removed items must be discarded away from the shoreline, in such a manner as to prevent the removed items from re-entering the waterbody;

(h.) Introduce, throw, dump, deposit, place or cause to be propagated, transplanted, introduced, thrown, dumped, deposited or placed in any water body, in whatever capacity and for whatever purpose while in Schuyler County, an aquatic invasive species.

SECTION 5. Exception to Prohibitions. The provisions of SECTION 4 of this Local Law shall not apply to:

(f.) The carrying and use of bait for the purpose of fishing, consistent with all applicable laws and regulations related to bait fish;

(g.) The use of the above-water portions of native plants for camouflage of the watercraft for the purpose of hunting, consistent with all applicable laws and regulations related to the use, possession and harvesting of plants;

(h.) Pets or hunting dogs; (i.) The intentional transport of plants or animals, including for food and landscaping, provided they are

fully and securely contained within or on board the watercraft; and (j.) The use of plants or animals for habitat restoration, weed control, scientific research,

aquaculture, or other activity, consistent with all applicable laws and regulations related to their use, possession or harvest.

SECTION 6. Penalty for Violation. Any person who engages in any activity prohibited by this Local Law shall be guilty of a violation. Every person convicted of a violation of this Local Law shall be punished by

PROCEEDINGS OF THE YEAR 2012 93 a fine of a minimum of Five Hundred Dollars ($500) and a maximum of Five Thousand Dollars ($5000) or imprisonment not to exceed fifteen (15) days or both said fine and imprisonment. SECTION 7. Enforcement. This Local Law shall be enforced by the Schuyler County Sheriff in the same manner as a traffic violation is handled .i.e. through the use of an appearance ticket and procedures similar to that used to enforce the Vehicle and Traffic Law of the State of New York except that the citation may be in a form determined to be adequate and expedient by the Sheriff and approved by the County Administrator. SECTION 8. Severability. If any section, subdivision, paragraph, sub paragraph, clause, or item of this title is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separated, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION 9. This act shall take effect immediately upon filing in the Office of the Secretary of State. Vote 7-0. RESOLUTION NO. 223 Motion by Barnes. Second by Gifford. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2012 PROVIDING FOR THE ESTABLISHMENT OF LEGISLATIVE DISTRICTS WITHIN THE COUNTY OF SCHUYLER, STATE OF NEW YORK, COMPOSITION OF MEMBERS OF THE COUNTY LEGISLATURE, CONTINUING TERMS OF OFFICE - FAILED WHEREAS, as based upon the most recent U.S. Census, it is the Legislature’s intent, while maintaining continuity of local government, to insure effective and equal representation of its residents, and

WHEREAS, this shall be achieved by eliminating the current three (3) legislative districts and creating eight (8) new legislative districts.


BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on August 13, 2012 at 6:50 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO NO. 5 OF THE YEAR 2012 A Local Law Providing for the Establishment of Legislative Districts within the County of Schuyler, State of New York, composition of members of the County Legislature, continuing terms of office. Be it enacted by the Legislature of the County of Schuyler as follows:

1. Legislative Intent. a. It is the intent of the Legislature of the County of Schuyler to the extent practicable, that

Legislative districts shall contain as nearly as may be an equal number of inhabitants, as based upon the most recent U.S. census, while maintaining continuity of local government to insure effective representation on behalf of its residents. This shall ultimately be achieved by the creation of eight (8) legislative districts, as illustrated by “exhibit C,” with each district having one representative in the Schuyler County Legislature. The eight district plan will be implemented gradually from 2014 to 2016 as set forth in the following sections of this law.

2. Districts enumerated and described. a. Effective January 1, 2014 and continuing until December 31, 2014, the County of Schuyler be and

hereby is divided into six (6) Districts which shall be made up of municipalities, or portions thereof, as described hereafter and as delineated on Map Entitled, “Schuyler County Legislative Districts, January 1, 2014,” a true copy of which is annexed hereto and made a part hereof as “Exhibit A,” the original of which is filed in the office of the clerk to the legislature:

Legislative District Number Description 1 Towns of Catharine and Cayuta 2 Part of Town of Hector 3 Part of Town of Hector 4 Part of Towns of Hector and Montour

SCHUYLER COUNTY LEGISLATURE 94 5 Part of Towns of Dix and Montour 6 Towns of Orange, Tyrone and Reading

b. The districts enumerated and described in section “___,” set forth above, shall be further described as follows, true copies of which are annexed hereto and made a part hereof, the originals of which are filed in the office of the clerk to the legislature:

Legislative District Number Description 1 See “Exhibit A1”: “Schuyler County

Legislative District 1, 2014” 2 See “Exhibit A2”: “Schuyler County





Legislative District 6, 2014” c. Effective January 1, 2015 and continuing until December 31, 2015, the County of Schuyler be

and hereby is divided into seven (7) Districts which shall be made up of municipalities, or portions thereof, as described hereafter and as delineated on Map Entitled, “Schuyler County Legislative Districts, January 1, 2015,” a true copy of which is annexed hereto and made a part hereof as “Exhibit B,” the original of which is filed in the office of the clerk to the legislature:

Legislative District Number Description 1 Towns of Catharine and Cayuta 2 Part of Town of Hector 3 Part of Town of Hector 4 Part of Towns of Hector and Montour 5 Part of Towns of Dix and Montour 6 Part of Towns of Dix and Reading 7 Towns of Orange, Tyrone and part of

Reading d. The districts enumerated and described in section “___,” set forth above, shall be further

described as follows, true copies of which are annexed hereto and made a part hereof, the originals of which are filed in the office of the clerk to the legislature:

Legislative District Number Description 1 See “Exhibit B1”: “Schuyler County

Legislative District 1, 2015” 2 See “Exhibit B2”: “Schuyler County






PROCEEDINGS OF THE YEAR 2012 95 Legislative District 7, 2015”

e. Effective January 1, 2016 and continuing each year thereafter, the County of Schuyler be and hereby is divided into eight (8) Districts which shall be made up of municipalities, or portions thereof, as described hereafter and as delineated on Map Entitled, “Schuyler County Legislative Districts, January 1, 2016,” a true copy of which is annexed hereto and made a part hereof as “Exhibit C,” the original of which is filed in the office of the clerk to the legislature:

Legislative District Number Description 1 Towns of Catharine and Cayuta 2 Part of Town of Hector 3 Part of Town of Hector 4 Part of Towns of Hector and Montour 5 Part of Towns of Dix and Montour 6 Part of Towns of Dix and Reading 7 Part of Towns of Tyrone and Reading 8 Town of Orange, part of Town of Tyrone

. The districts enumerated and described in section “___,” set forth above, shall be further described as follows, true copies of which are annexed hereto and made a part hereof, the originals of which are filed in the office of the clerk to the legislature:

Legislative District Number Description 1 See “Exhibit C1”: “Schuyler County

Legislative District 1, 2016” 2 See “Exhibit C2”: “Schuyler County







Legislative District 7, 2016” 3. Composition of County Legislature.

a. Effective January 1, 2014, and continuing until December 31, 2014, the governing board of the County of Schuyler, known and designated as the "Schuyler County Legislature," shall be made up of nine (9) legislators, representing the districts set forth below, or, in the event of vacancy, their duly chosen successor in officer, each of whom shall have been elected for a four-year term as set forth herein.

2014 Legislative District Number

Legislator[s]; term[s] of office

1 Legislator elected at November, 2013, general election, or duly chosen successor in office


SCHUYLER COUNTY LEGISLATURE 96 3 Legislator elected at November, 2013,

general election, or duly chosen successor in office


5 Incumbent legislators Gifford, Barnes, Yuhasz, or in event of a vacancy during their term[s] of office, their duly chosen successor[s]

6 Incumbent legislators Fagin, Field, or in event of a vacancy during their term[s] of office, their duly chosen successor[s]

b. Effective January 1, 2015, and continuing until December 31, 2015, the governing board of the County of Schuyler, known and designated as the "Schuyler County Legislature," shall be made up of eight (8) legislators, representing the districts set forth below, or, in the event of vacancy, their duly chosen successor in officer, each of whom shall have been elected for a four-year term as set forth herein.










c. Effective January 1, 2016, and continuing every year, the governing board of the County of Schuyler, known and designated as the "Schuyler County Legislature," shall be made up of eight (8) legislators, representing the districts set forth below, or, in the event of vacancy, their duly chosen successor in officer, each of whom shall have been elected for a four-year term as set forth herein.



1 Legislator elected at November, 2013, general election, or duly chosen successor

PROCEEDINGS OF THE YEAR 2012 97 in office








4. Residency a. Each member of the County Legislature of the County of Schuyler shall, at the time of his or her

election and/or throughout his or her term of office, be an elector of and from the district from which he or she is elected.

5. Voting Power a. Each member of the County Legislature of the County of Schuyler shall continue to have one

vote in respect to all matters and all procedures to be voted on by the members of the County Legislature of the County of Schuyler

6. Terms of Office. a. The term of office of the members of the County Legislature of the County of Schuyler shall

remain four (4) years. b. Nothing in this local law shall serve to change, extend or diminish the length of the term of the

office of any member of the legislature or any officer appointed by the legislature. 7. Election, matter of selection

a. All the applicable provisions of the Election Law providing for the method and procedure of the nomination and election of County Officers shall continue to apply to the nomination and election of members of the County Legislature of the County of Schuyler and further that each such member shall be nominated and elected in the respective district which he or she would represent if elected.

8. Ballot Proposition a. Upon the adoption of this local law the clerk of the County Legislature is hereby directed to

transmit, forthwith, to the board of elections, the form of the ballot proposition to be voted upon on the November ballot, in substantially the following form: “Proposition No. 1, submitting a local law for the 2012 ballot to the electors of the County of Schuyler, to be voted upon at the General Election of the County of Schuyler, to be held on the 6th day of November, 2012. Shall there be approved and adopted in the County of Schuyler, New York, a local law entitled ‘A local law providing for the establishment of legislative districts with the County of Schuyler,

SCHUYLER COUNTY LEGISLATURE 98 State of New York; composition of Members of the County Legislature; terms of office’ as enacted by the County Legislature of the County of Schuyler on (the date of enactment).”

9. Laws Repealed a. All local laws, and parts of local laws, inconsistent with this local law, are hereby repealed.

Such repeal shall take effect upon the effective date of this local law. 10. Savings Clause

a. If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of the Local Law or the application thereof to other persons or circumstances, and the Schuyler County Legislature hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

11. Effective Date Except as specifically set forth above, this local law shall take effect immediately upon filing with the

Secretary of State after approval by a majority of the electors voting thereon in accordance with the requirements of Section 27 of the Municipal Home Rule Law of the State of New York.

Exhibits A-C8 to be incorporated into the proceedings after adoption. They are on file in the Legislative Office and available upon request. DISCUSSION: Legislator Halpin stated, I support the redistricting plan. However, I cannot support the additional Legislator or the added expense that goes along with it for one year. She feels it does not have to be this way. She will not be supporting this Resolution because of its planned implementation. Vote 4-3. Noes; Karius, Larison, Halpin RESOLUTION NO. 224 Motion by Larison, Second by Field. RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR

BE IT RESOLVED, that one (1) Resolution be brought to the floor. Vote 7-0. RESOLUTION NO. 225 Motion by Larison, Second by Gifford. RE: RESOLUTION SUPPORTING THE 2012 CONSOLIDATED FUNDING APPLICATION

WHEREAS, in 2011 Governor Cuomo created ten Regional Economic Development Councils and the Consolidated Funding Application (CFA) to improve New York's business climate and expand economic growth; and,

WHEREAS, the CFA has been designed to give economic development project applicants expedited and streamlined access to a combined pool of grant funds and tax credits from dozens of existing programs; and,

WHEREAS, a public-private partnership of Schuyler County municipalities and interested parties led by Schuyler County is submitting an application through the CFA process for $750,000 in funding; and,

WHEREAS, this funding, if secured, will be administered by the Schuyler County Partnership for Economic Development (SCOPED) and used for the engineering and permitting necessary to create a shovel-ready project, the decommissioning of the Watkins Glen and Montour Falls Waste Water Treatment Plants and the development of a new state-of-the-art Green Waste Water Treatment Facility; and,

WHEREAS, this will be one of the initial threshold projects that will lead toward redevelopment of the entire southern shoreline of Seneca Lake, which will have sustainable regional economic benefits for years to come.

NOW THEREFORE BE IT RESOLVED, the Schuyler County Legislature supports the application for funding through the 2012 CFA process and authorizes the Chairman to sign any and all necessary documents relative to said grant, subject to the approval of the County Attorney. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS:

PROCEEDINGS OF THE YEAR 2012 99 Legislator Barnes handed out a drawing of the plaque honoring Judge William E. Ellison. This plaque will be placed on the rear of the front door in the Court House. All of the Legislators present and agreed to the design. REPORT ON STANDING COMMITTEES: Legislator Larison reported that he circulated our Local Law on evasive species to five surrounding Counties and requested that each County adopt a similar law. Legislator Barnes reported that the State has not passed any Legislation regarding the use and sale of bath salts or synthetic marijuana that are being misused. Just today at 4:00, our Sheriff’s Department responded to a complaint that was related to this. COUNTY ADMINISTRATOR’S REPORT: Nothing new to report on. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:17 p.m. Jamee L. Mack, Deputy Clerk

SPECIAL MEETING JULY 13, 2012

The July 13, 2012 Special Meeting of the Schuyler County Legislature was called to order at 9:15 a.m.

by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present, except Legislator Halpin, who was excused. County Administrator, Timothy O’Hearn, and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION:

Mr. Bill Elkins, from the Town of Hector, spoke regarding the redistricting. He appreciates the work the Legislature has done. However, he is not happy with the plan to divide up the towns. He likes what we have now and would suggest that they adjust the numbers of the legislators to be more equal to population. Move towards those under or over represented. He feels it ought to be carefully pursued. If you submit one to the voters and it breaks up the towns, it is apt to be defeated. God bless you all and good luck. Chairman Fagan explained that the numbers just do not add up and they have to break up the towns to meet the census population numbers in order to have it work and have equal representation. They have tried.

Mr. Alan Hurley said he agrees with Mr. Elkins and his concern is also the costs associated with the implementation. This has been done in the past, he did his own research. He discussed voter registration and turnout. In order to encourage voting in the future, how would eliminating the number of voting districts available help the voter turnout? He feels their ability would be impaired by having to drive further. Some are handicapped, some are elderly, and some are poor. He asked if the Legislature has asked the Board of Elections to do a study all the way until the Year 2016 for costs and what the impacts this will have. Will there be a ninth Legislator during this implementation, adding expenses? He asked if this implementation process increased the tax levy would you all support this measure then. He would like to have answers and would like to see the Legislature table this Resolution until they have them. He is also upset that Legislator Halpin is not here today.

Chairman Fagan pointed out that the largest number of voting districts is in the Town of Hector, one of the most wealthiest townships, when the poorest townships of Tyrone and Orange only have one voting district. Mr. Hurley wanted to know what the costs will be to the taxpayers to do this new plan. Chairman Fagan said it ultimately will depend on our local Board of Elections office and their figures. RESOLUTION NO. 226 Motion by Larison, Second by Barnes. RE: RATIFICATION OF SPECIAL MEETING


1. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2012 PROVIDING FOR THE ESTABLISHMENT OF LEGISLATIVE DISTRICTS WITHIN THE COUNTY OF SCHUYLER, STATE OF NEW YORK, COMPOSITION OF MEMBERS OF THE COUNTY LEGISLATURE, CONTINUING TERMS OF OFFICE

SCHUYLER COUNTY LEGISLATURE 100 Vote 7-0.

Legislator Yuhasz said he wishes to make a MOTION to reconsider the vote on Resolution No. 223 concerning Local Law Intro. No. 5. He was not in attendance at the time of the vote and by Legislative rule, his vote was counted as a “no” vote or a vote against passing the Resolution. Therefore his vote was counted with the prevailing side against passage of the Resolution. He supports the Redistricting Plan and would have voted yes, had he been in attendance at the Regular Meeting. Legislator Karius made the SECOND. Motion carried seven ayes to zero noes. RESOLUTION NO. 223A Motion by Larison, Second by Karius. RE: MOTION TO TABLE RESOLUTION NO. 223 - FAILED BE IT RESOLVED, that Resolution No. 223 be tabled for further discussion. DISCUSSION: Legislator Karius said she has received phone calls and has talked to some seniors. She said it is not the older voters, it is the younger voters that come out to vote now. They have told her that they realize that due to the 2010 census this change has to occur and now voters will have to go somewhere different to vote. They have told her not to worry, as they will go. Change we must, but let’s do this and bite the bullet at the same time. Legislator Larison said there is no cost value yet. Legislator Yuhasz said both Election Commissioners, Joe Fazzary and John Vona, have a different figure on what the costs will be. Legislator Larison said he needs to know what it is before he votes to approve of this plan. He said they have not even discussed this with the Board of Elections. Chairman Fagan explained that both Commissioners have been to each Redistricting Committee meeting and the legislature just asked them at a July Special Legislative Committee meeting to come back to us with figures at the August 8, 2012 Legislative Resolution Review Committee meeting. The Board of Elections needs to know what direction the Legislature is going in before they can start working on figures for us. They are now studying it and will come back to us in August, prior to the next Regular Meeting. Legislator Larison said he still feels they need to know costs first. The Clerk stated that this vote on Resolution No. 223 is to set the public hearing date only, it is not the final vote on the Local Law adopting the Redistricting Plan. Vote 2-5. Noes: Gifford, Yuhasz, Field, Barnes, Fagan. RESOLUTION NO. 223 Motion by Yuhasz, Second by Barnes. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2012 PROVIDING FOR THE ESTABLISHMENT OF

LEGISLATIVE DISTRICTS WITHIN THE COUNTY OF SCHUYLER, STATE OF NEW YORK, COMPOSITION OF MEMBERS OF THE COUNTY LEGISLATURE, CONTINUING TERMS OF OFFICE

WHEREAS, as based upon the most recent U.S. Census, it is the Legislature’s intent, while maintaining continuity of local government, to insure effective and equal representation of its residents, and

WHEREAS, this shall be achieved by eliminating the current three (3) legislative districts and creating eight (8) new legislative districts.


BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on August 13, 2012 at 6:50 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.



Legislative districts shall contain as nearly as may be an equal number of inhabitants, as based upon the most recent U.S. census, while maintaining continuity of local government to insure effective representation on behalf of its residents. This shall ultimately be achieved by the creation of eight (8) legislative districts, as illustrated by “exhibit C,” with each district having one representative in the Schuyler County Legislature. The eight district plan will be

PROCEEDINGS OF THE YEAR 2012 101 implemented gradually from 2014 to 2016 as set forth in the following sections of this law.

3. Districts enumerated and described. a. Effective January 1, 2014 and continuing until December 31, 2014, the County of Schuyler be

and hereby is divided into six (6) Districts which shall be made up of municipalities, or portions thereof, as described hereafter and as delineated on Map Entitled, “Schuyler County Legislative Districts, January 1, 2014,” a true copy of which is annexed hereto and made a part hereof as “Exhibit A,” the original of which is filed in the office of the clerk to the legislature:

Legislative District Number Description 1 Towns of Catharine and Cayuta 2 Part of Town of Hector 3 Part of Town of Hector 4 Part of Towns of Hector and Montour 5 Part of Towns of Dix and Montour 6 Towns of Orange, Tyrone and Reading

b. The districts enumerated and described in section “___,” set forth above, shall be further described as follows, true copies of which are annexed hereto and made a part hereof, the originals of which are filed in the office of the clerk to the legislature:










Reading d. The districts enumerated and described in section “___,” set forth above, shall be further


Legislative District Number Description 1 See “Exhibit B1”: “Schuyler County

Legislative District 1, 2015”

SCHUYLER COUNTY LEGISLATURE 102 2 See “Exhibit B2”: “Schuyler County






Legislative District 7, 2015” e. Effective January 1, 2016 and continuing each year thereafter, the County of Schuyler be and

hereby is divided into eight (8) Districts which shall be made up of municipalities, or portions thereof, as described hereafter and as delineated on Map Entitled, “Schuyler County Legislative Districts, January 1, 2016,” a true copy of which is annexed hereto and made a part hereof as “Exhibit C,” the original of which is filed in the office of the clerk to the legislature:


f. The districts enumerated and described in section “___,” set forth above, shall be further described as follows, true copies of which are annexed hereto and made a part hereof, the originals of which are filed in the office of the clerk to the legislature:










PROCEEDINGS OF THE YEAR 2012 103 a. Effective January 1, 2014, and continuing until December 31, 2014, the governing board of the

County of Schuyler, known and designated as the "Schuyler County Legislature," shall be made up of nine (9) legislators, representing the districts set forth below, or, in the event of vacancy, their duly chosen successor in officer, each of whom shall have been elected for a four-year term as set forth herein.

2014 Legislative District Number Legislator[s]; term[s] of office 1 Legislator elected at November, 2013, general

election, or duly chosen successor in office 2 Legislator elected at November, 2013, general



election, or duly chosen successor in office 5 Incumbent legislators Gifford, Barnes, Yuhasz, or

in event of a vacancy during their term[s] of office, their duly chosen successor[s]

6

Incumbent legislators Fagin, Field, or in event of a vacancy during their term[s] of office, their duly chosen successor[s]











c. Effective January 1, 2016, and continuing every year, the governing board of the County of Schuyler, known and designated as the "Schuyler County Legislature," shall be made up of eight

SCHUYLER COUNTY LEGISLATURE 104 (8) legislators, representing the districts set forth below, or, in the event of vacancy, their duly chosen successor in officer, each of whom shall have been elected for a four-year term as set forth herein.




















PROCEEDINGS OF THE YEAR 2012 105 transmit, forthwith, to the board of elections, the form of the ballot proposition to be voted upon on the November ballot, in substantially the following form: “Proposition No. 1, submitting a local law for the 2012 ballot to the electors of the County of Schuyler, to be voted upon at the General Election of the County of Schuyler, to be held on the 6th day of November, 2012. Shall there be approved and adopted in the County of Schuyler, New York, a local law entitled ‘A local law providing for the establishment of legislative districts with the County of Schuyler, State of New York; composition of Members of the County Legislature; terms of office’ as enacted by the County Legislature of the County of Schuyler on (the date of enactment).”





Secretary of State after approval by a majority of the electors voting thereon in accordance with the requirements of Section 27 of the Municipal Home Rule Law of the State of New York.

Exhibits A-C8 to be incorporated into the proceedings after adoption. They are on file in the Legislative Office and available upon request. Vote 5-2. Noes; Larison, Karius. PUBLIC PARTICIPATION:

Mr. Alan Hurley said he is very disappointed, and wants to know costs. Legislator Barnes asked Mr. Hurley where he sees the increase in spending by this redistricting plan. Mr. Hurley explained that mailing notices to all voters, and preparing the mailings are costs that have not been considered. Legislator Yuhasz stated that this is the Supreme Court making us redistrict and if it doesn’t happen now, it will have to happen down the road and the expenses are there no matter when we do this.

The Meeting adjourned at 9:38 a.m. Stacy B. Husted, Clerk

REGULAR MEETING

AUGUST 13, 2012

The August 13, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Administrator, Timothy O’Hearn, and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION:

Mr. Alan Hurley was present and asked questions on the majority of the agenda, all of which were answered by Chairman Fagan or Administrator O’Hearn. 6:45 P.M. PUBLIC HEARING DECLARE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, REVIEW AND MODIFICATION OF SCHUYLER COUNTY AGRICULTURAL DISTRICT #2 AND #3 DUE TO THE ANNUAL AGRICULTURE DISTRICT ENROLLMENT: None. 6:50 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 5 OF THE YEAR 2012 PROVIDING FOR THE ESTABLISHMENT OF LEGISLATIVE DISTRICTS WITHIN THE COUNTY OF

SCHUYLER COUNTY LEGISLATURE 106 SCHUYLER, STATE OF NEW YORK, COMPOSITION OF MEMBERS OF THE COUNTY LEGISLATURE, CONTINUING TERMS OF OFFICE:

Chairman Fagan called the public hearing to order and explained the exhibits that where displayed for the public. Mr. Mark Rondinaro asked if there was going to be a list generated for the people in Tyrone as well as the method for the distribution of the correct ballots at the polling places. Chairman Fagan explained that the Board of Elections has recommended that they have two (2) sets of inspectors at each polling site, along with a new Coordinator position at each polling place to make sure everyone is at the correct polling site to vote. Mr. Rondinaro questioned the cost savings and the Chairman confirmed that there would be very little with the addition of the Coordinators. Legislator Barnes advised Mr. Rondinaro that the Coordinator position is not required, but is being suggested by the New York State Board of Elections. Mr. Rondinaro said he is in favor of the redistricting, however, he is not in favor of the additional legislator for the one year term during the implementation because of the added expense. Chairman Fagan stated that during the budget process he is planning on recommending that the Legislators forego the health insurance benefits so that would eliminate that additional expense over all. Ms. Sue Brill was present and asked what would happen if this ballot proposition on the redistricting does not pass. Chairman Fagan stated that we would have to revert back to the existing process. He reminded the public that we currently have under representation now in some of the voting districts and we are trying to equalize this based on the current 2010 census figures. Ms. Brill questioned if weighed voting was ever discussed. Chairman Fagan said this had been brought up to us at the very end of the process. Numerous meetings had been held and this had never been brought up until the process was mostly finished. He stated that he did look into the possibility and he looked into the experience that the Buffalo area had with it. The conclusion was that it was a short term solution. Mr. Rondinaro questioned the legality of what we were doing and wanted to make sure that the County was not setting itself up for a law suit. Attorney Rossi and Mr. Rondinaro discussed what would occur if the proposition failed. We ultimately would have to start over again. Mr. Jim Halpin asked why the Legislature was not taking this in two steps, first taking the Redistricting Plan to the electorate then follow up with the implementation plan. In his opinion, it is too much at once. It very well could fail at the ballot. Chairman Fagan and Mr. Halpin discussed shortening the existing terms of the Legislators. Mr. Halpin feels that if this was implemented in two phases it would have a better chance of passing. RESOLUTION NO. 227 Motion by Larison, Second by Halpin. RE: APPROVE MINUTES OF THE JULY 9, 2012 REGULAR MEETING AND THE JULY 13, 2012

SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the July 9, 2012 Regular Meeting and the July 13, 2012 Special

Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 228 Motion by Larison, Second by Halpin. RE: AUTHORIZE STOP DWI PLAN FOR 2013 – SHERIFF’S OFFICE

WHEREAS, the County of Schuyler is participating in the New York State Stop DWI Program, and WHEREAS, participation in said program is totally reimbursed by the State of New York. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby adopts and approves the 2013

STOP DWI Program Plan, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said

Plan subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO 229 Motion by Larison, Second by Halpin. RE: RESOLUTION IN SUPPORT OF HIRING A CONSULTANT FOR THE COMPLETION OF A

COUNTY-WIDE COMPREHENSIVE PLAN THAT ALL MUNICIPALITIES CAN UTILIZE– AS AMENDED BY RES. NO. 368

WHEREAS, four (4) Towns, two (2) Villages and the County are in the process of writing or updating their Comprehensive Plans, and

PROCEEDINGS OF THE YEAR 2012 107 WHEREAS, two (2) Towns and one (1) Village in Schuyler County are without Comprehensive Plans,

and WHEREAS, the remaining three (3) municipalities are within the recommended 5-10 year review mark, and WHEREAS, the time commitment to aid in this process for our Planning Department is tremendous, and WHEREAS, it is recommended by the Planning Director that a consultant be hired to aid in the update and re-envisioning of the Schuyler County Comprehensive Plan into a County-Wide Comprehensive Plan which all of the various municipalities could utilize, and

WHEREAS, a consultant will be selected by a bid process, and funding for said consultant, in an amount not to exceed $50,000, will be allocated to this project.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature is in support of hiring a consultant for the completion of the County-Wide Comprehensive Plan, and agrees to contribute a not to exceed amount of $4,000 towards the $50,000 allocation. Vote 8-0. RESOLUTION NO. 230 Motion by Larison, Second by Halpin. RE: AUTHORIZE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE OF THE STATE

MASS TRANSPORTATION CAPITAL PROGRAM AID OF A TRANSPORTATION FEDERAL-AID PROJECT, TO FULLY FUND THE LOCAL SHARE OF FEDERAL AID ELEGIBLE AND INELIGIBLE PROJECT COSTS, AND APPROPRIATAE FUNDS THEREFORE WHEREAS, a Project for the provision of mass public transit, P.I.N. 6792.04.303/6792.05.303 (the

"Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and

WHEREAS, the County of Schuyler desires to advance the above project by making a commitment of 100% of the federal and non-federal share of the costs of $130,000, and

WHEREAS, any State matching funds to this Federally-funded project may be used to fund up to 50% of the non-Federal share of federally-funding projects, but not to exceed 10% of the project costs, and

WHEREAS, any Transit State Dedicated Fund aid may not be used to fund the non-Federal share of federally funding projects.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve of the above-subject project, and

BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby authorize the Treasurer of the County to pay in the first instance 100% of the federal and non-federal share of the cost of eligible work for the Project or portions thereof, and

BE IT FURTHER RESOLVED, that the sum of $130,000 is hereby appropriated from the county budget account no. 5630.0400.5631, 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 County Administrator or Treasurer thereof, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature of the County of Schuyler be and is 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 Grantee's first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all Project costs within appropriations therefore that are not so eligible, subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and

BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Vote 8-0.

SCHUYLER COUNTY LEGISLATURE 108 RESOLUTION NO. 231 Motion by Halpin, Second by Field. RE: AUTHORIZE APPLICATION TO THE NEW YORK STATE DEPARTMENT OF

TRANSPORTATION FOR A SCHUYLER COUNTY MASS TRANSPORTATION CAPITAL PROJECT AGREEMENT WHEREAS, the County of Schuyler has been approved for grant funds from the New York State

Department of Transportation, pursuant to Section 5311, Title 49, United States Code, for a project described as eligible mass public transit, and

WHEREAS, the County of Schuyler and the State of New York are entering into a Agreement which authorizes the undertaking of the Project and payment of the Federal and State Shares for the project.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign, subject to the approval of the Schuyler County Attorney:

1) Any and all Agreements between the County of Schuyler and the State of New York for the above named Project; 2) Any and all Agreements between the County of Schuyler and any third party subcontractors necessary to complete the Project; 3) Any and all Agreements between the County of Schuyler and any vendor for the purchase and/or installation of vehicles and/or equipment or facilities, and BE IT FURTHER RESOLVED, that the County of Schuyler certifies through this Resolution that the

estimated local share is committed to this Project from budget account no. 5630.0400.5631. Vote 8-0. RESOLUTION NO. 232 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR

THE SYSTEMS INTEGRATION INITIATIVE GRANT –OFFICE FOR THE AGING WHEREAS, the New York State Office for the Aging was awarded two, three (3) year grants from the Administration on Aging/Administration on Community Living to build into the NY Connects no wrong door point of entry system by advancing “Systems Integration”, and WHEREAS, NY Connects is recognized at the federal level to be NY State’s Aging and Disability Resource Center (ADRC), and WHEREAS, the goal is to realign State and local systems to create a more integrated, person-centered and seamless system for consumers and their families, and WHEREAS, Schuyler County has been slated to receive an allocation of $36,800 for the three year period and it does not require any local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the New York State Office for The Aging to implement Systems Integration under the NY Connects program for the term of March 1, 2012 through September 30, 2014, said contract subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 233 Motion by Halpin, Second by Field. RE: AUTHORIZE 2012 CONTRACT AMENDMENT WITH IVANS – PUBLIC HEALTH WHEREAS, Public Health processes Medicare claims with CMS using IVANS LIME Platform modem

access at a set monthly rate, and

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract amendment with IVANS for the Public Health Department for Modem access to CMS for the term August 1, 2012 - December 31, 2012, at the rate of $11.50, funds are available in the 2012 Public Health budget account 4010.0532; subject to approval of the Schuyler County Attorney.

WHEREAS, IVANS monthly rate has increased to $11.50 effective August 1, 2012 due to upgrades of the network infrastructure.

Vote 8-0. RESOLUTION NO. 234 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR MILEAGE – VETERANS

SERVICE AGENCY

PROCEEDINGS OF THE YEAR 2012 109 WHEREAS, the 2012 Veterans Service Agency mileage account will soon be over budget, and WHEREAS, there are not sufficient funds in the 2012 budget for said expenses.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer is hereby authorized to transfer $5,000.00 from Contingency account no. 1990.500 into account no. 6510.430-Mileage. Vote 8-0. RESOLUTION NO. 235 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE ADVERTISING TO RECEIVE BIDS FOR HVAC REPAIR & MAINTENANCE

CONTRACTS - BUILDINGS AND GROUNDS WHEREAS, the Buildings and Grounds Department needs to have qualified HVAC technicians to make repairs on an as needed basis. NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for HVAC repair & maintenance bids for January 1, 2013 - December 31, 2015, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened at an open public meeting. Vote 8-0. RESOLUTION NO. 236 Motion by Barnes, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2012 ABOLISHING THE ELECTED OFFICE OF

COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF COUNTY COMPTROLLER FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION – RESCINDED BY RESOLUTION NO. 290-12

WHEREAS, it is the desire of the Schuyler County Legislature, in its continuing efforts to upgrade the administration of County government, to provide for a more effective management of the fiscal responsibilities of the County of Schuyler.


BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on September 10, 2012 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO NO. 6 OF THE YEAR 2012 A Local Law abolishing the Elected Office of County Treasurer and Creating an Appointive Office of County Comptroller for the County of Schuyler and Causing a Proposition to be submitted to the electorate at the next general election. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. Legislative Intent A. The County of Schuyler is being increasingly required to administer various programs which are either unfunded or not adequately funded by the State and Federal governments. Such mandates, together with the revenue constraints of the County, require the best financial administration possible. B. It is the desire of the Schuyler County Legislature, in its continuing efforts to upgrade the administration of County government, to ensure to the effective management of the fiscal responsibilities of the County of Schuyler. C. The Schuyler County Legislature finds that, through a more efficient administration of the various fiscal affairs of Schuyler County, the County Legislature will be able to provide for better direction, control and coordination of Schuyler County governmental finances. Further, the timely reporting of the County’s fiscal position, statements of expenses and revenues, and cash flow will provide for improved day-to-day handling and management of the County’s fiscal affairs. D. It is the intention of the Schuyler County Legislature, through the enactment hereof; to provide for professional qualifications and professional background required of its Chief Fiscal Officer. E. It is the further intent of the Schuyler County Legislature, though the enactment hereof, to provide for the creation and appointment of a County Comptroller as the County’s professional Chief Fiscal Officer, having the professional qualifications, education and experience necessary for the position; and abolishing the elective

SCHUYLER COUNTY LEGISLATURE 110 Office of County Treasurer. By a mandatory referendum in accordance with the County Law, Section 575 and Municipal Home Rule Law, Section 10, it is the intent to change from an elective County Treasurer to an appointive County Comptroller after a referendum conducted in all respects under the provision of Municipal Home Rule Law, Section 23. F. It is not the purpose or intent of the Schuyler County Legislature in the adoption of this local law to curtail, diminish, transfer or divest the Schuyler County Legislature of any of its functions, powers or duties. SECTION 2. Abolishing the elective Office of County Treasurer The elected position of County Treasurer as provided in Section 400, subparagraph I of the County Law is abolished effective December 31, 2012. SECTION 3. Creating the appointive Office of County Comptroller Effective January 1, 2013, there shall be a Department of Finance headed by the County Comptroller, who shall be appointed on the basis of his or her professional, educational, and administrative qualification; the Comptroller shall be appointed by the County Legislature pursuant to standard policy regarding appointment of department heads. SECTION 4. Appointment, Distinguishing Features of the Office, Term of Office A. There shall be an appointed County Comptroller who shall be directly responsible to the County Legislature, through the County Administrator and the Management and Finance Committee, and on behalf of Schuyler County, shall perform the functions of Chief Fiscal Officer, with the Schuyler County Legislature retaining the final administrative authority. The position of County Comptroller shall be unclassified for Civil Service purposes. B. The work involves the responsibility for fiscal management activities and carries authority as the Chief Fiscal Officer. The County Comptroller has all of the powers and performs all of the duties of a Chief Accounting Officer of Schuyler County. The work involves responsibility for directing and maintaining the financial records of the County in the manner prescribed by the New York State Department of Audit and Control, as well as, insuring these record keeping activities are carried out in accordance with all applicable laws and regulations governing local government. C. The County Comptroller shall exercise direct supervision over the fiscal operations of County departments and agencies. Typical work activities shall include but not be limited to: (1). Maintains custody of all Schuyler County funds, manages all investments and maintains all financial records and accounts of all units of County government charged with duties relating to funds of the County; (2). Provides and keeps a record keeping system showing all appropriations, funds and expenditures, together with the name of the claimant and amounts; (3). Keeps a separate account of each County department and special funds; (i.e. Court, Trust and Agency, etc.) (4). Conducts the sale of bonds and notes and keeps a record of all bonded indebtedness and other loans; (5). Collects and Remits various local and State taxes; (6). Reconciles bank statements; (7). Submits statement of County finance to the Schuyler County Legislature and County Administrator in a timely fashion at least monthly or as otherwise requested or directed; (8). Prescribes approved methods and forms for financial accounting and record keeping and provides oversight of all County offices; (9). Certifies the availability of funds for all contracts, purchase orders and other financial obligations incurred by the County; (10). Provides for a system of encumbrances, and maintains records; (11). Prepares Department of Finance’s proposed annual budget; (12). Advises Schuyler County Legislature on fiscal matters; (13). Reviews and approves State and Federal aid claims; (14) Assists in the preparation of the independent audit, participating in the timely review of the results of said audit and the preparation of the corrective action plan with the Management and Finance Committee, and reports progress on corrective action to the Management and Finance Committee through to completion of corrective actions. D. Full Performance Knowledge, Skills, Abilities and Personal Characteristics;

PROCEEDINGS OF THE YEAR 2012 111 (1). Thorough knowledge of the principles and practices of modem public fiscal administration, including internal auditing, account and fiscal management; (2). Good knowledge of the practices and principles of supervision; (3). General knowledge of purchasing procedures; working knowledge of state finance laws; working knowledge of bond markets; (4). Ability to plan and supervise the work of others; (5). Ability to establish and maintain satisfactory working relationship with others; (6). Ability to follow and understand complex oral and ‘written instruction; (7). Ability to issue complex oral and written instructions; (8). Initiative; integrity; resourcefulness, good judgment; (9). Physical condition commensurate with the demands of the position. E. The appointment of the County Comptroller shall commence on January 1, 2013 and shall expire on December 31, 2015. Subsequent terms of office shall be for four (4) years. SECTION 5. Qualifications A. At the time of appointment, the County Comptroller shall have the following training and/or experience: (1). Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Master’s Degree in Accounting, Public Administration or Business Administration or a related field, which must have included or been supplemented by at least twelve credits in accounting AND four (4) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (2). Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Bachelor’s Degree in Accounting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accounting AND six (6) years of paid full- time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (3) Graduation from the regionally accredited college or university, or one accredited by the New York State Board of Regents to grant two year degrees, with an Associate’s Degree in Accounting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accounting AND eight (8) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (4). Ten (10) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (5). An equivalent combination of training and experience as defined by the limits of 1, 2, 3 and 4 above. The County Comptroller 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’s domicile need not be in Schuyler County at the time of appointment but shall become so within ninety (90) days of the appointment and remain so during his or her term of office. Failure to be domiciled or to remain so in Schuyler County as stated herein shall be cause for dismissal by the Schuyler County Legislature without other or further notice. SECTION 6. Salary The County Comptroller shall receive an annual salary to be fixed by the Schuyler County Legislature. SECTION 7. Powers and Duties A. Without curtailing, diminishing or transferring the powers of any elected or appointed County official, the County Comptroller shall be responsible for the overall administration of the County government finances. B. The County Comptroller shall perform all the duties now and hereafter conferred or imposed upon the Office by law and directed by the County Legislature and shall have all the powers and perform all the duties

SCHUYLER COUNTY LEGISLATURE 112 necessarily implied or incidental thereto. Among such powers and duties, but not by way of limitation, are the following: (1). have general superintendence over the fiscal affairs of the County. (2). keep books and records at the expense of the County showing all appropriations, funds and expenditures together with the name of the claimant and the amounts and nature thereof; (3). keep a separate account for each County officer or department and special funds; (4). keep a record of all bonded indebtedness and other loans and conduct the sale of all bonds pursuant to the provisions of the local finance law; (5). procure bank statements from depositaries of County funds at least once a month and reconcile them with the books and records; (6). at least annually review all books and records, vouchers and other papers pertaining to the money, funds and property of the County and render a report thereon to the Schuyler County Legislature as to whether proper books and records have been kept and all moneys and property of the County accounted for; (7). cause to be printed within thirty (30) days after the close of the fiscal year for distribution to the Schuyler County Legislature, County officers and the public, a verified statement in summary form showing the receipts of money from all sources, the expenditures and balances by funds, and bonded indebtedness together with the terms of payment and the balance unpaid and such other information as may be deemed proper or directed by the Schuyler County Legislature. (8). perform such additional and related duties as may be prescribed by law or directed by the Schuyler County Legislature. C. The County Comptroller shall, before he or she enters upon the duties of his or her Office, take the constitutional Oath of Office and execute to the County and file an official undertaking as provided in Section Eleven of the Public Officers Law. D. The County Comptroller within ten days after entering upon the duties of his or her Office shall appoint a Deputy Comptroller meeting the minimum qualifications established by Civil Service. Such appointment shall be in writing under his or her hand and seal and be filed and recorded in the office of the County Clerk. He or she shall perform such duties as may be assigned by the Comptroller, and during the temporary absence of the Comptroller he or she shall act as the Comptroller. SECTION 8. Acting County Comptroller In the event of a vacancy in the Office of County Comptroller or inability of the incumbent to perform and exercise the powers and duties of the Office of Comptroller, the Deputy Comptroller may continue to act as Comptroller or another qualified County Officer may be appointed Acting County Comptroller by the Schuyler County Legislature provided there is no incompatibility of office under the law. SECTION 9. No Divestiture of Powers And Duties of Legislature Nothing contained in this local law shall operate or be construed to divest the Schuyler County Legislature of any of its functions, powers and duties. SECTION 10. Severability 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 of invalidate the remainder thereof, but shall be confirmed in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order have been rendered. SECTION 11. Construction of Local Law A. This law shall be liberally construed to effectuate the purposes thereof and to provide an appointive chief fiscal officer in compliance with the requirements of law. B. It is intended that through this law all duties associated with the elective Office of County Treasurer be transferred to the appointive Office of County Comptroller. SECTION 12. Conflict With Previous Local Laws and Resolutions In the event of a conflict or inconsistency between this local law and any previous local laws or resolution of the County Legislature, this local law shall govern. SECTION 13. Referendum A. The local law shall be placed on the ballot for the election to be held on November 6, 2012.

PROCEEDINGS OF THE YEAR 2012 113 B. The form of the proposition shall be as follows: “Shall the elective Office of County Treasurer be abolished and the appointive Office of County Comptroller be created in Schuyler County as approved by the Schuyler County Legislature in Local Law No. , 2012” SECTION 14. Effective Date A. This local law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully; and B. This local law shall take effect when it has been duly filed in the Office of the Secretary of State and as provided by this local law. Vote 8-0. RESOLUTION NO. 237 Motion by Larison, Second by Field. RE: ASSIGN DUTIES OF HUMAN RESOURCE DIRECTOR POSITION TO PERSONNEL OFFICER

POSITION/AUTHORIZE AMENDING THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND SET SALARY ACCORDINGLY WHEREAS, the offices of Civil Service and Human Resources are merged commencing July 1, 2012,

and WHEREAS, the merging of these functions is going to add the Human Resource Director duties to the

Personnel Officer position, and WHEREAS, the Personnel Officer has conducted a factor rating of the Personnel Officer position, as

revised, and recommends the following changes: I Accountability 90 II Complexity of Duties 120 III Experience and Knowledge 105 IV External Contacts 60 V Independent Judgment 100

VI Internal Contacts 60 VII Impact on Programs Administration 50 VIII Interpersonal Skills 80 IX Supervision Exercised 100 TOTAL 765 = Grade I NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended

to reflect the above change in grade level of the Personnel Officer, and BE IT FURTHER RESOLVED, that the salary of Lorraine G. Johnson shall be adjusted effective July 1,

2012 to be $64,000 annually, and BE IT FURTHER RESOLVED, that per Resolution No. 68-12, this is considered other arrangements,

and the above salary will take the place of the Interim Human Resources Director compensation, effective July 1, 2012. Vote 8-0. RESOLUTION NO. 238 Motion by Larison, Second by Field. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE

EMPLOYEE’S ASSOCIATION, INC. (CSEA) ADMINISTRATIVE UNIT REGARDING SICK BANK WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, the terms of agreement for Sick Bank usage was not determined in the January 2011-

December 2015 contract, and WHEREAS, the Association duly ratified the agreement on August 2, 2012, and WHEREAS, the CSEA’s, Administrative Unit, and Schuyler County have reached an agreement to

modify the current collective bargaining agreement, and WHEREAS, said agreement will identify the rules and guidelines for Sick Bank usage.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Civil Service Employee’s Association, and

SCHUYLER COUNTY LEGISLATURE 114 BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is hereby authorized

to enter into a Memorandum of Understanding with the Schuyler County Civil Service Employee’s Association, Inc. (CSEA), Administrative Unit, as set forth above, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 239 Motion by Larison, Second by Field. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND

TO MODIFY THE TITLE OF DIRECTOR OF COMMUNITY SERVICES/PUBLIC HEALTH DIRECTOR WHEREAS, the duties of the Director of Community Services/Public Health Director and Deputy

Public Health Director positions have been reviewed by the Personnel Officer and County Administrator, and WHEREAS, the Director of Community Services/Public Health Director currently provides oversight of

the Public Health Department and the Deputy Public Health Director has responsibility for the supervision and management of the Public Health Department, including business management program operations and professional services, and

WHEREAS, it is the recommendation of the County Administrator and Personnel Officer that the Public Health Director title be removed from the Director of Community Services/Public Health Director title, and

WHEREAS, the title of Public Health Director be re-created and filled, and WHEREAS, the County Administrator and the Personnel Officer have completed the following factor rating for the position of Public Health Director

I Accountability 90 II Complexity of Duties 90 III Experience/Knowledge 120 IV External Contacts 60 V Independent Judgment 100 VI Internal Contact 45 VII Impact on Programs/Adm 50 VIII Interpersonal Skills 60 IX Supervision/Leadership 125 TOTAL 740 = Grade I NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended

to reflect the above changes, and BE IT FURTHER RESOLVED, that the Legislature hereby authorizes the re-creation and filling of one

Public Health Director position, in Grade Level I of the Management/Confidential Salary Plan effective immediately. Vote 8-0. RESOLUTION NO. 240 Motion by Gifford, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF PUBLIC HEALTH

POSITION – HUMAN RESOURCES WHEREAS, the Public Health Director position has been re-created, and WHEREAS, it is upon recommendation by the Personnel Officer and County Administrator that Marcia O. Kasprzyk be appointed to said position. NOW, THEREFORE, BE IT RESOLVED, that Marcia O. Kasprzyk be appointed Public Health Director, effective immediately, at an annual salary of $67,105, Grade I, in the Management/Confidential Salary Plan. Vote 8-0. RESOLUTION NO. 241 Motion by Gifford, Second by Yuhasz. RE: AUTHORIZE RENEWAL OF THE INTER-MUNICIPAL AGREEMENT (IMA) WITH THE

VILLAGE OF WATKINS GLEN, THE TOWN OF DIX, THE TOWN OF HECTOR AND WATKINS GLEN CENTRAL SCHOOL (WGCS) FOR SHARED MANAGEMENT AND STORAGE IN THE SHARED RECORDS MANAGEMENT FACILITY – RECORDS MANAGEMENT

PROCEEDINGS OF THE YEAR 2012 115 WHEREAS, the County has a current IMA with the Village of Watkins Glen, the Town of Dix, the Town of Hector and Watkins Glen Central School (WGCS) to utilize the Records Management Facility, and WHEREAS, the agreement expires as of December 31, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to renew an Inter-Municipal agreement with the Village of Watkins Glen, the Town of Dix, the Town of Hector and Watkins Glen Central School for records management and storage, effective January 1, 2013, for a term of five (5) years to expire at the end of December 31, 2017, and BE IT FURTHER RESOLVED, that the County Administrator is authorized to take all further steps necessary for maintaining staffing and administration of said facility in consultation with the Records Management Director. Vote 8-0. RESOLUTION NO. 242 Motion by Gifford, Second by Yuhasz. RE: AUTHORIZE A ONE TIME TRANSFER OF FUNDS FROM NUMEROUS RESERVE ACCOUNTS

INTO THE GENERAL FUND WHEREAS, upon review recently of numerous reserve accounts, it was determined that there were some

that needed to be reduced and one account was to be transferred into the general fund and abolished. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the

Schuyler County Treasurer to make the following one time transfers below, effective immediately: AMOUNT FROM RESERVE ACCOUNT INTO ACCOUNT NO. $100,000 Voice and Data 1680.200 - Equipment $300,000 Facilities and Grounds Capital 1620.200 - Equipment $ 50,047 Economic Development 6989.400 – Contractual $257,360 Central Garage Vehicle 1640.200 – Equipment, and

$707,407 TOTAL BE IT FURTHER RESOLVED, that the Central Garage Vehicle Reserve Account be abolished after the

transfer has been made. Vote 8-0. RESOLUTION NO. 243 Motion by Barnes, Second by Gifford. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2012 PROVIDING FOR THE ESTABLISHMENT OF

LEGISLATIVE DISTRICTS WITHIN THE COUNTY OF SCHUYLER, STATE OF NEW YORK, COMPOSITION OF MEMBERS OF THE COUNTY LEGISLATURE, CONTINUING TERMS OF OFFICE WHEREAS, as based upon the most recent U.S. Census, it is the Legislature’s intent, while maintaining

continuity of local government, to insure effective and equal representation of its residents, and WHEREAS, this shall be achieved by eliminating the current three (3) legislative districts and creating

eight (8) new legislative districts. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 2012 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 13, 2012 at 6:50 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.



Legislative districts shall contain as nearly as may be an equal number of inhabitants, as based upon the most recent U.S. census, while maintaining continuity of local government to insure effective representation on behalf of its residents. This shall ultimately be achieved by the creation of eight (8) legislative districts, as illustrated by “exhibit C,” with each district having

SCHUYLER COUNTY LEGISLATURE 116 one representative in the Schuyler County Legislature. The eight district plan will be implemented gradually from 2014 to 2016 as set forth in the following sections of this law.

2. Districts enumerated and described. a. Effective January 1, 2014 and continuing until December 31, 2014, the County of Schuyler be and

hereby is divided into six (6) Districts which shall be made up of municipalities, or portions thereof, as described hereafter and as delineated on Map Entitled, “Schuyler County Legislative Districts, January 1, 2014,” a true copy of which is annexed hereto and made a part hereof as “Exhibit A,” the original of which is filed in the office of the clerk to the legislature:

Legislative District Number Description 1 Towns of Catharine and Cayuta 2 Part of Town of Hector 3 Part of Town of Hector 4 Part of Towns of Hector and Montour 5 Part of Towns of Dix and Montour 6 Towns of Orange, Tyrone and Reading

b. The districts enumerated and described in section “2 a,” set forth above, shall be further described as follows, true copies of which are annexed hereto and made a part hereof, the originals of which are filed in the office of the clerk to the legislature:










Reading d. The districts enumerated and described in section “2 c,” set forth above, shall be further


Legislative District Number Description

PROCEEDINGS OF THE YEAR 2012 117 1 See “Exhibit B1”: “Schuyler County







Legislative District 7, 2015” e. Effective January 1, 2016 and continuing each year thereafter, the County of Schuyler be and

hereby is divided into eight (8) Districts which shall be made up of municipalities, or portions thereof, as described hereafter and as delineated on Map Entitled, “Schuyler County Legislative Districts, January 1, 2016,” a true copy of which is annexed hereto and made a part hereof as “Exhibit C,” the original of which is filed in the office of the clerk to the legislature:


f. The districts enumerated and described in section “2 e,” set forth above, shall be further described as follows, true copies of which are annexed hereto and made a part hereof, the originals of which are filed in the office of the clerk to the legislature:










a. Effective January 1, 2014, and continuing until December 31, 2014, the governing board of the

SCHUYLER COUNTY LEGISLATURE 118 County of Schuyler, known and designated as the "Schuyler County Legislature," shall be made up of nine (9) legislators, representing the districts set forth below, or, in the event of vacancy, their duly chosen successor in officer, each of whom shall have been elected for a four-year term as set forth herein.

2014 Legislative District Number Legislator[s]; term[s] of office 1 Legislator elected at November, 2013, general




election, or duly chosen successor in office 5 Incumbent legislators Gifford, Barnes, Yuhasz, or

in event of a vacancy during their term[s] of office, their duly chosen successor[s]

6

Incumbent legislators Fagin, Field, or in event of a vacancy during their term[s] of office, their duly chosen successor[s]











c. Effective January 1, 2016, and continuing every year, the governing board of the County of Schuyler, known and designated as the "Schuyler County Legislature," shall be made up of eight (8) legislators, representing the districts set forth below, or, in the event of vacancy, their duly

PROCEEDINGS OF THE YEAR 2012 119 chosen successor in officer, each of whom shall have been elected for a four-year term as set forth herein.




















transmit, forthwith, to the board of elections, the form of the ballot proposition to be voted upon

SCHUYLER COUNTY LEGISLATURE 120 on the November ballot, in substantially the following form: “Proposition No. 1, submitting a local law for the 2012 ballot to the electors of the County of Schuyler, to be voted upon at the General Election of the County of Schuyler, to be held on the 6th day of November, 2012. Shall there be approved and adopted in the County of Schuyler, New York, a local law entitled ‘A local law providing for the establishment of legislative districts with the County of Schuyler, State of New York; composition of Members of the County Legislature; terms of office’ as enacted by the County Legislature of the County of Schuyler on (the date of enactment).”





Secretary of State after approval by a majority of the electors voting thereon in accordance with the requirements of Section 27 of the Municipal Home Rule Law of the State of New York. DISCUSSION: Legislator Halpin explained that it is unfortunate that she will be voting no on this Resolution. She wanted to make it very clear that she fully supports the Redistricting Plan. However, it is the implementation phase that she cannot support. She stated that it is the added costs she is not willing to support. Vote 5-3. Noes: Larison, Halpin, Karius. Exhibits A-C8 for Local Law Intro. No. 5 of the Year 2012.doc click the link below http://www.schuylercounty.us/Redistricting%20schuyler%20exhibits%20NUMBERED%20for%20Local%20Law%20Intro.%20No.%205.pdf RESOLUTION NO. 244 Motion by Larison, Second by Gifford. RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR

BE IT RESOLVED, that one (1) Resolution be brought to the floor. Vote 8-0 RESOLUTION NO. 245 Motion by Larison, Second by Karius. RE: RESOLUTION OPPOSING THE PROPOSED 45 PERCENT THRUWAY TOLL INCREASE ON

COMMERCIAL VEHICLES WHEREAS, the New York State Association of Counties (NYSAC) has created the Blue Ribbon Task

Force on the Future of Farming in New York State to support the long-term economic viability of farms and the agriculture industry in our state, and

WHEREAS, this group of dedicated county leaders continues to advocate in favor of actions that help farmers and in opposition to actions that will negatively impact farms, and

WHEREAS, public policy decisions by leaders in State government over the last few decades have put the long-term economic viability of farms at risk, and

WHEREAS, the New York State Thruway Authority is now proposing a 45% increase in tolls on commercial vehicles, and

WHEREAS, toll increases will directly impact the cost of doing business for farmers and all business owners in New York, and

WHEREAS, toll increases will likely increase the price of food, fuel, feed and other staples, and WHEREAS, the State’s economic development decisions should be focused on increasing the

transportation of produce and goods on our roadways to further promote New York products, and

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PROCEEDINGS OF THE YEAR 2012 121 WHEREAS, NYSAC opposes the proposed 45% toll increase on commercial vehicles. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature supports NYSAC’s

opposition and calls on the NYS Thruway Authority to employ cost control measures that would stave off the need for toll increases that will stifle economic activity such as moving New York produce to market, and the transportation of other goods and services on New York State’s Thruway, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward copies of this resolution to Governor Andrew M. Cuomo, New York State Association of Counties, Inter County Association of Western New York, and all others deemed necessary and proper. DISCUSSION: Legislator Halpin questioned Legislator Larison on his reasoning for bringing this Resolution forward as an emergency. She didn’t feel there was enough information in the Resolution and requested that going forward that there be more details included in the body of the Resolution. She also asked if the New York State Legislature needed to pass this increase, or if the thruway authority had the sole authority. Legislator Larison was not sure. He explained that the planned implementation date is the 25th of August so it necessitated it being an emergency. He also explained that in order for the Inter County Association to consider a Resolution it needed to be passed by a Legislative Board first. The Inter County meeting is this Friday. Vote 7-1. Noes: Fagan. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES:

Legislator Larison explained that he attended the Blue Ribbon Task Force Meeting held on August 9, 2012 and that is where he received the request to adopt the Resolution regarding the Thruway Toll increases. COUNTY ADMINISTRATOR’S REPORT:

Administrator O’Hearn reported the Watkins Glen International (WGI) successfully met all of the conditions of the Mass Gathering Permit requirements per the Local Law and the NASCAR event over the weekend went off flawless. The Sheriff reported that they had only sixteen arrests and they were all traffic related. Within one hour and sixteen minutes after the race was over all of the traffic posts had been removed. It was all very successful and we are a model used across the Country. PUBLIC PARTICIPATION:

Mr. Rondinaro asked about Resolution Intro. No. 2. He wanted to know what would happen if the funding did not come through from all of the municipalities. Chairman Fagan explained that it would be scaled back if need be. He also informed Mr. Rondinaro that all but maybe two or three towns had committed their portion of the funds already by Resolution. Mr. Hurley asked about Inergy and Walmart applying for a real property assessment revision in Supreme Court. He wanted to know what property it was. Chairman Fagan told him it is the property that Inergy purchased from NYSEG. Administrator O’Hearn also explained the status and that there is going to be a meeting with all of the municipalities and the school involved.

Ms. Brill asked if it was possible to set qualifications for an Elected Official. Chairman Fagan said no, that is why we are trying to implement a Comptroller appointed position.

The Meeting adjourned at 7:30 p.m. Stacy B, Husted, Clerk Jamee L. Mack, Deputy Clerk

REGULAR MEETING SEPTEMBER 10, 2012

The September 10, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30

p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Administrator, Timothy O’Hearn, and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION:

Mr. Bill Elkins said he wanted to let the Legislature know that he did not approve of the proposal to change the now elected Treasurer position to an appointed Comptroller position. He understands that we need a

SCHUYLER COUNTY LEGISLATURE 122 good one in the position. However, he feels they have a good one in the position now. He also feels that the election process will vote in a good candidate and he does not want to see this change. He suggested the introduction of a Local Law to add qualifications the existing elected position would be better.

Mr. Alan Hurley asked a number of questions regarding a few of the Introduction on the Agenda. All of which were answered to his satisfaction by Administrator O’Hearn or Chairman Fagan. 6:45 p.m PUBLIC HEARING ON LOCAL LAW INTRO. NO. 6 OF THE YEAR 2012 ABOLISHING THE ELECTED OFFICE OF COUNTY TREASUER AND CREATING AN APPOINTIVE OFFICE OF COUNTY COMPTROLLER FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION:

Mr. Mark Rondinaro thanked the Legislature for allowing him to speak. He read a statement that he had published on the Odessa File on the Forum page that is on file in the Legislative Office in opposition of the Comptroller position.

Mr. Paul Marcellus also spoke in opposition of the change in the Treasurer’s Office. He feels appalled that we have to pay for an outside audit firm to audit our books. He feels that the change in the Treasurer’s office will increase the current salary by about $30,000. He also anticipates additional tax increases from the Town and County and therefore does not support this local law. He feels we are under tight budgets now and we are getting a bargain at the current pay rate for the existing Treasurer position. Mr. Alan Hurley said he agrees with an earlier statement from Bill Elkins to add some criteria to the existing position. RESOLUTION NO. 246 Motion by Larison, Second by Gifford. RE: APPROVE MINUTES OF THE AUGUST 13, 2012 REGULAR MEETING OF THE SCHUYLER

COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 13, 2012 Regular Meeting of the Schuyler County

Legislature be approved. Vote 8-0. RESOLUTION NO. 247 Motion by Barnes, Second by Gifford. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2012-2013 BYRNE JAG RECOVERY ACT

GRANT – SHERIFF’S OFFICE WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services,

for the purpose of assisting the Schuyler County Sheriff’s Office with obtaining equipment to enhance and improve their Drug Enforcement Unit, and

WHEREAS, this Grant award is in the amount of $12,500, with no County match. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County

Sheriff’s Office to submit a grant application for 2012-2013 Byrne JAG Recovery Act Grant, 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 $12,500, with no County match, said documents subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 248 Motion by Barnes, Second by Gifford. RE: AUTHORIZE TWO YEAR APPOINTMENT TO THE SCHUYLER COUNTY PLANNING

COMMISSION WHEREAS, there has been a vacancy for the Industry Representative on the Planning Commission, and WHEREAS, Don Chutas has expressed interest in filling said vacancy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the appointment of Don Chutas to the Planning Commission, effective immediately through December 31, 2013. Vote 8-0. RESOLUTION NO. 249 Motion by Barnes, Second by Gifford. RE: ACCEPTANCE OF 2012 AGRICULTURAL DISTRICT ANNUAL ENROLLMENT REQUESTS

WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and

PROCEEDINGS OF THE YEAR 2012 123 WHEREAS, in 2012 the County did receive three request from landowners for inclusion in Schuyler County Agricultural Districts #2 and #3, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on June 18, 2012 that all of these requests are comprised of substantially viable agricultural land contained wholly within the following parcels: 88.10-1-1.1; 88.00-1-3; 88.00-1-4.112 totaling 85 acres owned by John Murch 29.00-1-13 totaling 83.80 acres owned by James Lyle 32.00-1-32; 32.00-1-33.1 totaling 25.14 acres owned by Gary and Sandie Pappa, and WHEREAS, Schuyler County has determined that the action to include 108.94 acres into Schuyler County Agriculture District #2 and 85 acres into Schuyler County Agriculture District #3, is an unlisted action and has elected to use form RA-115 provided by NYS Department of Agriculture and Markets to assess any environmental impacts, and WHEREAS, Schuyler County did hold a public hearing on the inclusion of these parcels in on August 13, 2012 at 6:45 pm, after duly notifying the Towns of Cayuta, Catharine, Montour, Dix, Orange, Reading, and Tyrone and publishing a notice of public hearing in the paper of record.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby accept the requested inclusions above into the Schuyler County Agricultural Districts #2 and #3, and requests that the Commissioner of the New York State Department of Agriculture and Markets certifies these inclusions. Vote 8-0. RESOLUTION NO. 250 Motion by Karius, Second by Gifford. RE: AUTHORIZE AMENDING THE MEMBERSHIP REQUIREMENTS FOR THE AGRICULTURE

AND FARMLAND PROTECTION BOARD (AFPB) WHEREAS, Resolution No. 490 of the year 1992 established the Agriculture and Farmland Protection

Board, and WHEREAS, the New York State Department of Agriculture and Markets amends the Agriculture and

Markets Law on a regular basis, and WHEREAS, the Agriculture and Markets Law § 302 (1) (a) has been amended “to allow an employee of

the County Soil and Water Conservation District, as designated by the Chairperson, to become the voting member on the county AFPB.” , and

WHEREAS, this change took effect on August 3, 2011, and WHEREAS, this voting member will take the place of the Chairman of the Soil and Water Conservation

Board that is currently listed as a voting member of the AFPB Board, and WHEREAS, it has been determined that the current Chairman of the Schuyler County Soil and Water

Conservation District cannot attend the monthly Board meetings, and WHEREAS, the Schuyler County Soil and Water Conservation District has requested this change be

made. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the

amendment to the membership requirements for the Agriculture and Farmland Protection Board to allow for an employee of the County Soil and Water Conservation District to be the voting member on the Board if it is determined that the Chairman of the Soil and Water Conservation Board cannot attend Agriculture and Farmland Protection monthly meetings. Vote 8-0. RESOLUTION NO. 251 Motion by Karius, Second by Gifford. RE: RESOLUTION IN OPPOSITION OF THE CLEAN WATER ACT DRAFT GUIDANCE PROPOSED

BY THE ENVIRONMENTAL PROTECTION AGENCY WHEREAS, Schuyler County affirms its commitment to environmental stewardship and the protection

of our natural resources, and recognizes the need to harmonize municipal programs and services with the Legislative intent and objectives of the Clean Water Act (CWA), and

WHEREAS, the CWA was not intended to protect ditches and other channels through which water flows intermittently nor was it intended to capture seeps, wet areas, isolated man-made ponds and other structures not currently subject to the CWA, and

SCHUYLER COUNTY LEGISLATURE 124 WHEREAS, the Environmental Protection and Agency (EPA) and the United States Corps of Engineers

(Corps) has developed draft guidance on Identifying Waters Protected by the Clean Water Act (draft guidance) to clarify the EPA and Corps’ understanding and definition of the CWA that will inform all of EPA’s regulatory programs and policy actions, and

WHEREAS, this draft guidance creates uncertainty, confusion and would now capture a significant number of public works activities and transportation infrastructure that will now be subject to the CWA and its costly and time-consuming permitting and regulatory protocols, and

WHEREAS, the draft guidance greatly expands the number of projects subject to jurisdictional determination or CWA permitting which do not currently require such oversight at great expense to the taxpayers of Schuyler County with little, if any, environmental benefit while diverting scarce resources from other programs that do provide environmental protection and conservation benefits, and

WHEREAS, the financial impact of the draft guidance to Schuyler County will be significant with roadside ditch projects and ongoing maintenance alone costing an additional tens of thousands of dollars annually to Schuyler County citizens due to the need for jurisdictional determinations by the Corps or CWA permitting, and

WHEREAS, this change in federal regulation would cause adverse impacts to many members of many communities through financial hardship and increased barriers to routine business decisions by creating more Total Maximum Daily Loads to many watersheds that would cause an economic crisis as it already has threatened to do in the Chesapeake Bay Watershed, and

WHEREAS, the impacts to farm operations would be widespread due to the increase in livestock operations that would need National Pollutant Discharge Elimination System permit (NPDES) coverage along with increased pesticide and nutrient restrictions, and

WHEREAS, Schuyler County believes that it is improper to so significantly change the scope of the Clean Water Act without Legislative authorization by the U.S. Congress or through the formal rulemaking process to allow public and stakeholder comments on this critically important and complex issue.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County urges EPA and the Corps to withdraw the draft CWA guidance immediately, work collaboratively with States and local governments to enforce the current scope of the CWA while respecting the authority of state and local governments in ensuring the protection of our water resources, and

BE IT FURTHER RESOLVED, that Schuyler County supports any Federal Legislation consistent with the above recommendations and urges its Congressional and State representatives to intercede with EPA and request that EPA report to them on their response and adaptations regarding the aforementioned concerns, and

BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be transmitted to U.S. Senators Charles Schumer and Kirsten Gillibrand, U.S. House Representative Tom Reed, EPA Administrator Lisa Jackson, New York Governor Andrew Cuomo, New York State Senator Tom O’Mara, New York State Assemblyman Christopher Friend, and EPA Region 2 Administrator Judith Enck. Vote 8-0. RESOLUTION NO. 252 Motion by Karius, Second by Gifford. RE: AUTHORIZE 2012-2013 SNOWMOBILE GRANT APPLICATION – SOIL & WATER

CONSERVATION WHEREAS, four local Snowmobile Clubs in the county wish to use the Schuyler County Government as their authorized local sponsor for their grants, and WHEREAS, the Soil and Water Conservation District would be the administrator of the grants and the County Treasurer would administer the grant funds, and WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Soil and Water Conservation District Office, and WHEREAS, the Department of Environmental Conservation (DEC) will issue trail permits to the Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for four local Snowmobile Clubs in the County in pursuit of Snowmobile Trails Grant funds, and

PROCEEDINGS OF THE YEAR 2012 125 BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the 2012-2013 grant application and contract; subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 253 Motion by Halpin, Second by Field. RE: AUTHORIZATION TO CREATE AND FILL A TEMPORARY FOOD SERVICE HELPER POSITON

– OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as a vital part of its mission, serves an average

of over twenty-seven (27) thousand home delivered meals and over thirteen (13) thousand congregate meals on an annual basis to residents of Schuyler County who are sixty years and older, and

WHEREAS, there is a need for three individuals in the kitchen to produce the meals served, and WHEREAS, the most recent position of Meal Deliverer has been vacated, and WHEREAS, the position of Meal Deliverer no longer meets the needs in the food production process

but the position of Temporary Food Service Helper does, and WHEREAS, the Office for the Aging Director is requesting to create this position, upon the approval of

the County Administrator, and WHEREAS, funds for the payment of a third position have previously been budgeted and provided for

by Title III C of the Older Americans Act, NYS Supplemental Nutritional Assistance Program, the NYS Expanded In-Home Services for the Elderly Program, and the Schuyler County Budget.

NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging Department is hereby authorized to create and fill the Temporary Food Service Helper position, to fill the vacancy recently created by resignation, at an hourly rate of $11.44 to be placed in Grade Level 1, as set forth in the CSEA Administrative Unit Contract. Vote 8-0. RESOLUTION NO. 254 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT AMENDMENT WITH PATHWAYS – PUBLIC HEALTH WHEREAS, Schuyler County Public Health has a Preschool contract for Center-based Services with Pathways, and

WHEREAS, Pathways has agreed to start supplying Special Education Itinerate Service (SEIT) in Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract with Pathways for Public Health for SEIT Services for the term September 1, 2012 through June 30, 2013, funding available in the 2012 Public Health budget account no. 2960.0400; subject to approval of the Schuyler County Attorney. Vote 8-0.

RE: LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2012 AMENDING LOCAL LAW NO. 3 OF THE YEAR 1994 TITLED “WATERSHED PROTECTION LAW” TO 1) ELIMINATE ARTICLE 4 (NUISANCES); 2) UPDATE APPENDIX 75-A; 3) ADD MANDATORY REAL PROPERTY TRANSFER EVALUATIONS FOR BOTH WATER AND WASTEWATER SYSTEMS ARTICLE 4 (REAL PROPERTY TRANSFERS); AND 4) ADD REQUIRMENTS FOR LAND APPLICATION OF SEPTAGE BIOSOLIDS ARTICLE 5 - PUBLIC HEALTH DEPARTMENT


WHEREAS, the Public Health/Watershed Department, along with the Human Services Committee wishes to amend the current Law No. 3 of the Year 1994 to add additional language. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7/Local Law No. of the year 2012 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 October 9, 2012 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.

LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2012

SCHUYLER COUNTY LEGISLATURE 126 A Local Law Amending Local Law No. 3 of the Year 1994 titled “Watershed Protection Law” to 1)

eliminate Article 4 (Nuisances), 2) Update Appendix 75-A; 3) add Mandatory Real Property Transfer Evaluations for both Water and Wastewater Systems Article 4 (Real Property Transfers); and 4) add Requirements for Land Application of Septage Biosolids Article 5 SECTION 1. Legislative Intent 1.2 Statement of Purpose 1. The purpose of the Watershed Protection Law shall be to protect public health, protect ground and surface water resources, and to minimize threats to the drinking water supplies of Schuyler County. 1.9 Definitions 10. “Design Flow” shall mean the anticipated wastewater generated from a structure based upon Appendix 75-A, NYS DEC guidelines “Standards for Waste Treatment Works” or current reference, or by calculated use data. 13. “Enhanced Treatment Units” shall mean pre-manufactured units that provide treatment of wastewater with a greater reduction of biochemical oxygen demand and total suspended solids than a traditional septic tank, prior to soil dispersal. Such units must also conform to NYS DOH requirements. 14. “Facility” shall mean one or several structures under common ownership and contiguous parcel boundaries, utilized for common or related function. 34. “Recreational Vehicle” shall mean a motorized or non-motorized, wheeled vehicle or trailer used for camping or other recreational activity and containing any water or wastewater fixtures. 37. “Septage Biosolids” shall mean the digested contents of a septic tank which may be used for beneficial use.

42. “Wastewater” shall mean water borne waste discharged from a toilet, sink, lavatory, dish and laundry washing machine, the water carried waste from any other fixture or equipment or machine, from residential and commercial structures, with or without the admixture of industrial wastes; excludes municipal wastewater treatment facilities and sewers, surface and subsurface stormwater, and wastewater produced as a result of generally accepted agricultural activities.

43. “Wastewater treatment system” shall mean the complete system of piping, tanks, devices and other elements used in the handling, conveyance, storage, distribution, treatment, disposal and/or dispersal of wastewater. 2.1.1 Exposure, Discharge and Disposal of Wastewater 1. No person shall discharge, permit, or cause to be discharged untreated wastewater onto the surface of the ground or into any street, road, alley, open excavation, storm water drain, drainage ditch, adjacent property, watercourse, lake or groundwater. 2. All wastewater within Schuyler County shall be adequately handled and/or treated by a system of chemical, biological and physical processes to generally satisfy all applicable state and federal standards prior to disposal and/or dispersal. 3. Any structure(s) or facility(s) producing wastewater with a design flow less than 1000 gallons per day shall require a wastewater treatment system(s). 4. Any structure(s) or facility(s) producing wastewater with a design flow greater than 1000 gallons per day shall submit all application, design and applicable compliance documentation to the Watershed Protection Agency when such documentation is necessary for system use or modification by the NYS DEC and/or NYS DOH. All applicable design references shall be submitted to the Watershed Protection Agency as early in the design process as possible, but no later than 30 days prior to anticipated discharge. All system modification compliance documentation shall be submitted to the Watershed Protection Agency at the time of submission to the applicable State office. A construction permit from the Watershed Protection Agency may not be required or these systems. 9. An additional area of one hundred (100) percent shall be set aside for future expansion or replacement for all new construction. 2.1.2 Construction Permit and Inspection Requirements 1. No person shall undertake to construct, repair, replace or modify a wastewater treatment system without first having obtained a “Wastewater Treatment System Construction Permit” upon forms provided by

PROCEEDINGS OF THE YEAR 2012 127 the Watershed Protection Agency; excluding the repair or replacement of septic tank baffles, effluent filter, distribution device or component piece within an enhanced treatment unit. Under no circumstances shall this construction permit preclude the need to obtain additional regulatory permits, or supplant the applicability of additional local, state and federal regulatory requirements. 2.1.3 Certificate to Operate 1. For all properties issued a Construction Permit, following construction inspection and prior to system use, a “Certificate to Operate” shall be provided by the Watershed Protection Agency. 2. It is the owner’s/operator’s responsibility to maintain the wastewater treatment system in accordance with the approved permit and within the conditions of the “Certificate to Operate.” 3. The “Certificate to Operate” shall not be construed as a guarantee or assurance by the Schuyler County Watershed Protection Agency that the system will function satisfactorily for any given period of time. 4. The “Certificate to Operate” may be revoked by the Watershed Protection Agency on the basis of wastewater being discharged onto the surface of the ground or into surface waters thereby creating a public health hazard or nuisance. 5. A “Certificate to Operate” may not be required for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency. 2.1.4 Certificate of Compliance – Change of Use or Structure 1. No structure shall be converted, replaced, or altered, or enlarged so as to potentially increase the design flow beyond the existing Certificate to Operate without first having obtained a Certificate of Compliance. Such actions include, but are not limited to; adding a bedroom(s), installing high yield water fixtures, complete home replacement, complete home renovation, or altering a seasonal structure to accommodate year round use. 2. In the event no Certificate to Operate has been issued for the structure, the owner/applicant shall allow an evaluation of the existing wastewater treatment system and or shall allow a soil evaluation to be made by the regulatory officer. 3. A Certificate of Compliance shall not be issued until the regulatory officer has evidence indicating that the wastewater treatment system meets all applicable minimum standards. The regulatory officer may require evidence be provided by a design professional. 4. All projects proposed requiring a Certificate of Compliance, which increase the potential wastewater flows, shall meet design standards for new construction systems. The regulatory officer may require an upgrade of the system prepared and submitted by design professional to obtain a waiver. 2.4 Enhanced Treatment Units (ETU) 1. ETU’s shall have a label indicating compliance with the standards for a Class 1 unit as described in the National Sanitation Foundation (NSF) International Standard 40 or equivalent testing. 2. Use of ETU’s shall utilize the design criteria in Appendix 75-A for new and replacement systems. 3. A visual and audio warning device shall be installed in a conspicuous location so that activation of such warning device will alert property occupants of ETU malfunction or failure. All warning devices shall be wired separately from the ETU so that disconnecting the ETU from electricity will activate the warning device. 4. All ETU’s shall have a continuous maintenance and service contract agreement with an authorized contractor. Each ETU shall be serviced and maintained by the authorized service contractor pursuant to the ETU’s manufacturer’s recommendations. 5. It is the owner’s responsibility to supply a copy of the service contract to the Watershed Protection Agency to verify that a continuous contract exists for the ETU. Upon expiration or termination of a contract the owner shall provide a copy of the new service contract. 6. It is the service provider’s responsibility to supply a copy of all service and maintenance reports to the Watershed Protection Agency within 6 months of the date of service. 7. Failure to have and maintain a maintenance and service contract can cause performance and system failure, leading to unnecessary repair and replacement costs and/or public health and water quality impairments. Therefore failure to maintain and provide ETU records shall be a violation of the Watershed Protection Law and shall be punishable as indicated in Article I, Section 1.5.

SCHUYLER COUNTY LEGISLATURE 128 2.10 Recreational Vehicles 1. No person shall connect or discharge the wastewater from more than one recreational vehicle into a wastewater treatment system for more than three consecutive days without prior approval from the Watershed Protection Agency. Excluded from these requirements are NYS DOH regulated campgrounds. 2. Each recreational vehicle beyond one connected to a wastewater treatment system shall conform to the requirements listed in Section 2.1.4. The design flow for each recreational vehicle shall be a minimum of 55 gallons per day. 3. The use of a wastewater treatment system as a dumping station for recreation vehicles or similar temporary toilet facilities is specifically prohibited. Article 4 – Real Property Transfers and System Evaluations 4.1 General Provisions 1. Any person or entity transferring to any other person or entity the title to real property without first conducting an evaluation of the water and wastewater treatment system(s) and receiving a certificate of compliance issued by the Watershed Protection Agency shall be in violation of this local law. When required for any real estate transaction or refinancing, only a regulatory officer of the Schuyler County Watershed Protection Agency is authorized to evaluate and/or certify the operation of a wastewater treatment system. 2. Prior to transfer, the water supply shall comply with bacteriological drinking water standards for potability and the wastewater treatment system shall meet basic sanitary conditions and operation standards established by the Watershed Protection Agency. 3. Corrective actions for any deficiencies found during the evaluation of the water and wastewater system shall be the responsibility of the owner of record, unless otherwise contractually agreed. 4.2 Certificate of Compliance 1. To obtain a certificate of compliance, all septic or holding tanks must be pumped by a DEC licensed waste hauler at least ten (10) days prior to the date of closing and inspected by the regulatory officer. The property owner or DEC-licensed waste hauler must give the regulatory officer at least 24 hours notice to arrange for inspection of the tank at time of pumping. Septic tank pumpout and inspection is valid for one (1) year. 2. Additional inspection and evaluation requirements, such as system dye test or visual inspection of absorption system components may be necessary. All real property transfer evaluations shall be conducted in accordance with the ‘Watershed Protection Agency Policy and Procedures’ as approved by the Board of Health. 3. Additional tank volume may be required to be installed by the regulatory officer. Total storage volume of a septic tank shall be within 250 gallons of the minimum volume requirements of the applicable use and design standard. Minimal tank volume is currently 750 gallons and or which is subject to change within Policy and Procedures document. 4. If the wastewater treatment system is determined to be operating unsatisfactorily or inadequately, a written Notice of Violation may be served and a Compliance Agreement specifying corrective action must be obtained prior to property transfer or refinancing closing. 5. For enhanced treatment units, the new owner must send a signed copy of a service contract to the regulatory officer within 30 days after property transfer. 6. A certificate of compliance shall be considered valid for a period of six months from the date of issuance. No guarantee of continued wastewater system performance or water potability is made or implied through the issuance of a certificate of compliance. 4.3 Conditional Certificate of Compliance 1. Certain conditions, such as building vacancy, deep snow or excessive vegetative growth, may require a provisional evaluation. In these situations the regulatory officer shall issue a conditional certificate of compliance which shall include all system information available at the time of the request. Prior to property transfer, involved parties should specify and agree in writing, or through an escrow account, on all financial responsibilities related to any potential corrective action. A complete inspection shall be made when conditions allow or as specified in the conditional certificate. Corrective action of any deficiencies or violations found and all service fees shall be the responsibility of the owner of record at the time of the evaluation, unless otherwise contractually agreed.

PROCEEDINGS OF THE YEAR 2012 129 4.4 Water Supplies 1. Any person offering property for sale or transfer shall provide a water supply which conforms to bacteriological standards for potable water and should implement any recommendations prescribed by the regulatory officer to bring the water system into compliance with the standards contained in 10NYCRR, Appendix 5-B. 4.5 Exceptions to these Requirements 1. The following properties involved in a real property transfer shall not be required to be evaluated pursuant to this section:

a. Transfers of undeveloped properties with no water supplies or wastewater discharges; b. Transfers of real property connected to an approved public water supply or a municipal or other special sewer system; however if the transferred property is served by either a public water or sewer system, but not both, than an evaluation and certification shall be required for the private system unless exempted hereunder. c. Transfers in a foreclosure action and deeds given in lieu of foreclosure; d. Transfers in connection with a partition action under Article 9 of the Real Property Actions and Proceedings Law; e. Transfers pursuant to Article 11 of the United States Code; f. Transfers of property acquired by a governmental assessing unit as the result of tax enforcement proceedings; g. Transfers of property to any owner’s spouse, father, mother, daughter, son, grandfather, grandmother, grandson, granddaughter, sister or brother.

Article 5 – Land Application of Septage Biosolids 5.1 General Provisions 1. Land application of septage biosolids is regulated by the NYS DEC under Environmental Conservation Law, 6 NYCRR Part 360, and all management practices shall be maintained in compliance with said regulations. 2. Any facility(s) engaged in land application of septage biosolids within Schuyler County shall register such properties with the Watershed Protection Agency on forms provided by the regulatory officer. 3.A registered facility shall provide to the Watershed Protection Agency a “Facility Management Plan” describing the proposed land management practices at regular intervals, preferably on a three year basis. The management plan shall provide anticipated application rates, annual cropping plans, soil test results, crop nutrient requirements, techniques used for pathogen reduction, equipment and methods used for soil incorporation, number and storage capacity of vehicles used and shall include a detailed site plan, defining the entire application area, soils, drainage, topography, water supplies within 1000 feet of the application area and other features deemed necessary by the regulatory officer. The regulatory officer may require such plans to be developed by a certified nutrient management planner, a professional engineer or other professionally qualified individual. 4. An annual report shall be provided to the Watershed Protection Agency no later than 60 days after the first day of January following each year of operation. 5. The registered facility shall allow for inspection all land included in the Facility Management Plan annually and upon request by the regulatory officer. At the time of inspection, a review of the records will be made and compared with the management plan. Any deviation from the submitted plan resulting in an increased risk to public health shall be considered a violation and punishable as indicated in Article 1, Section 1.5. SECTION 2. Effective Date

A. This local law shall take effect upon filing with the Office of the Secretary of State. Vote 8-0. RESOLUTION NO. 256 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH CHEMUNG COUNTY WIC PROGRAM – PUBLIC HEALTH WHEREAS, Chemung County receives a grant to offer the nutritional program “Women, Infants and Children” (WIC), which includes Schuyler County as part of the catchment area, and WHEREAS, the WIC grant covers the cost of this service to Schuyler County families, so there are no

SCHUYLER COUNTY LEGISLATURE 130 local funds.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Chemung County WIC for the Public Health Department for WIC services for the term October 1, 2010 through September 30, 2015; subject to approval of the Schuyler County Attorney. Vote 8-0.

RE: AUTHORIZE AN APPLICATION WITH THE NATIONAL ASSOCIATIONS OF CITY AND COUNTY HEALTH OFFICALS (NACCHO) FOR MEDICAL RESERVE CORP (MRC) CAPACITY BUILDING AWARD - PUBLIC HEALTH


WHEREAS, NAACHO is offering the opportunity for the Schuyler County MRC unit to apply for a Capacity Building Award, and WHEREAS, said award application requires no local match.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an award agreement and all documents relative to the said grant application with NACCHO for the Public Health Department for MRC Capacity Building award for the term January 1, 2013 through December 31, 2013 subject to approval of the Schuyler County Attorney. Vote 8-0.

RE: RECOGNIZE OCTOBER 21-27, 2012 AS LEAD POISONING PREVENTION WEEK – PUBLIC HEALTH


WHEREAS, children under the age of 6 years old are at risk of lead poisoning because they grow rapidly and tend to put their hands or other objects, which may be contaminated with lead dust, into their mouths, and

WHEREAS, children living at or below the poverty line who live in older housing are at greatest risk, and WHEREAS, children of some racial and ethnic groups and those living in older housing are

disproportionately affected by lead, and WHEREAS, it is important to determine the construction year of the house or the dwelling where your

child may spend a large amount of time (e.g., grandparents or daycare), and WHEREAS, in housing built before 1978, assume that the paint has lead unless tests show otherwise, and WHEREAS, to reduce the risk of lead poisoning, talk to state or local health departments about testing

paint and dust from your home for lead and make sure your child does not have access to peeling paint or chewable surfaces painted with lead-based paint.

NOW, THEREFORE BE IT RESOLVED that the Schuyler County Legislature recognizes October 21-27, 2012 as Lead Poisoning Prevention Week. Vote 8-0. RESOLUTION NO. 259 Motion by Barnes, Second by Halpin. RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE - COMMUNITY

SERVICES WHEREAS, there is a vacancy on the Mental Health Subcommittee, and WHEREAS, Steven Rogers has expressed interest in serving on the Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the

appointment of Steven Rogers to the Mental Health Subcommittee for the remainder of the term from September 10, 2012 through December 12, 2014. Vote 8-0. RESOLUTION NO. 260 Motion by Barnes, Second by Halpin. RE: AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES/AUTHORIZE AMENDING

THE 2012 BUDGET FOR NON-RESIDENTIAL DOMESTIC VIOLENCE SERVICES – SOCIAL SERVICES

PROCEEDINGS OF THE YEAR 2012 131 WHEREAS, the Department of Social Services had budgeted $4,250 in the 2012 budget (line 6010.370) for non-residential domestic violence services based on information provided by the State when the 2012 budget was developed last year, and WHEREAS, the State has recently allocated Schuyler County an increase of $5,833 for non-residential domestic violence services for the State fiscal year 2012/2013, bringing the total amount for these services to $10,083, and WHEREAS, there is no local match to access these funds, and WHEREAS, Catholic Charities, which has provided these services in the past under contract with the Department of Social Services is willing to once again provide the services.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Department of Social Services be authorized to accept the increased funding of $5,833 for non-residential domestic violence services, bringing the total to $10,083, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign a contract with Catholic Charities for $10,083 for non-residential domestic violence services from July 1, 2012 through June 30, 2013; subject to approval by the Schuyler County Attorney, and

BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2012 Department of Social Services budget as follows:

AMOUNT ACCOUNT NO. DESCRIPTION +$ 5,833 6010.370 Non-Residential Domestic Violence

+$ 5,833 6010.4610 Federal Aid–Administration Vote 8-0. RESOLUTION NO. 261 Motion by Barnes, Second by Halpin. RE: SCHUYLER COUNTY LEGISLATURE SUPPORTS FULL CASINO GAMING AT THE NINE

EXISTING RACINOS IN NEW YORK STATE WHEREAS, in September 1973, eleven (11) Western New York Counties and two (2) cities established the Western Regional Off-Track Betting Corporation (WROTB), they being Cattaraugus, Chautauqua, Eric (and the city of Buffalo), Genesee, Livingston, Monroe (and the city of Rochester), Niagara, Orleans, Seneca. Steuben and Wayne as enabled by State law, and WHEREAS, these municipal “stockholders” choose to exercise that local option to form such a corporation that dictated local control by those municipalities over such gaming activities in their respective communities, and WHEREAS, the star-up cost of this enterprise were funded solely by these initiating Counties from their own treasuries of taxpayer money and represented no State money nor allowed for any State sharing of this purely local venture, and WHEREAS, since those eleven Counties voted to form Western Regional Off-track Betting Corporation, an additional four Western New York Counties, Oswego, Schuyler, Wyoming and Cayuga have joined them in the local control of such gaming activities that has since 1973 generated over $209 Million in operating and surcharge revenues to the taxpayers of those participating municipalities, and WHEREAS, the Governor and State Legislature are now considering a Constitutional Amendment to allow casino gaming in the State of New York, and WHEREAS, the participating municipalities of Western OTB as its shareholders have a pro-rata financial interest in the $39 Million of net equity re-invested in its 30-plus corporately owned branch facilities and the track and casino at Batavia Downs, and WHEREAS, Batavia Downs Casino (WROTB) has proven to be a successful Public Benefit Corporation to Schuyler County returning over $900,000 dollars to Schuyler County since its inception, with enhanced casino construction spending resulting in 552 direct construction jobs, increased in impact of the first full year of operation will result in over 449 jobs at an output of over $20.5 Million dollars, and WHEREAS, the nine (9) New York State Racinos have proven to be a successful business partner with New York State and have provided gaming in a socially responsible and economically sensible manner. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports Batavia Downs Casino and the eight (8) racino facilities presently licensed for video gaming to be authorized for full

SCHUYLER COUNTY LEGISLATURE 132 casino gaming, and BE IT FURTHER RESOLVED, that each member of the New York State Legislature and Governor be urged to join the Legislature in support of full casino gaming at Batavia Downs and further support the other New York State Video Gaming Licensees, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Governor Andrew M. Cuomo, Senator Thomas F. O’Mara, Assemblyman Christopher S. Friend, Congressman Thomas W. Reed, III, Senator Charles E Schumer and Senator Kirsten E. Gillibrand. Vote 8-0.

RE: AUTHORIZE CREATING ADDITIONAL PARKING SPACES AND REPAIRING THE EXISTING PARKING LOT AT MILL CREEK CENTER– BUILDINGS & GROUNDS

RESOLUTION NO. 262 Motion by Larison, Second by Halpin.

WHEREAS, there is need for additional parking at the Mill Creek Center and the existing parking areas are in need of minor repair and sealing to extend the life of the lot, and WHEREAS, the Schuyler County Highway Superintendent and the Schuyler County Building Maintenance Supervisor have reviewed the area and propose the addition of 18 spaces in the new area and 3 additional spaces in the existing lot in addition to crack sealing and patching the existing parking lot, and WHEREAS, the Schuyler County Highway Superintendent has agreed to use County Forces for this project, and WHEREAS, the Public Works Committee has reviewed the proposed project and supports the recommendation of the Building Maintenance Supervisor to use County Highway forces for this project. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes that Schuyler County Highway Department be reimbursed the cost of material at an estimated cost $11,402.30, with funding for said work to be paid from Capital Reserve Account 004.1620.209. Vote 8-0. RESOLUTION NO. 263 Motion by Larison, Second by Halpin. RE: AUTHORIZE SUPPLEMENTAL AGREEMENT #1 WITH HUNT ENGINEERS FOR THE COUNTY

ROUTE 4 BRIDGE REPLACEMENT- HIGHWAY DEPARTMENT WHEREAS, the replacement of PIN 6754.10, BIN 3332440, County Route 4 over Sawmill Creek

Bridge is a Federal-aid eligible project, and WHEREAS, a supplemental agreement with Hunt Engineers is necessary for additional costs due to a

schedule extension, steel plant inspection and testing. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

sign the necessary documents for this Supplemental Agreement #1 with Hunt Engineers, not to exceed $3,902.96 funding available in the 2012 budget account no. 5020.400, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 264 Motion by Larison, Second by Halpin. RE: ACCEPT/REJECT BID FOR STRUCTURE MAINTENANCE AND REPAIRS ON VARIOUS

STRUCTURES THROUGHOUT THE COUNTY – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there is a need for

assistance when the county receives structural damage which requires repair on various structures throughout the county due to emergencies, State Flag reports, natural disasters, etc., and

WHEREAS, Resolution No. 213-12 authorized the Highway Superintendent to advertise for bids for said projects, and

WHEREAS, bids were received and opened August 22, 2012 and reviewed with the recommendation being made by the Highway Superintendent to accept the only bid received from Silverline Construction, Inc. in the following amounts: Classifications Towns of Catharine, Cayuta, Towns of Dix, Orange, Hector & Montour Hourly Rate Reading & Tyrone Hourly Rate Foreman $77.00 $77.00 Journey Man Carpenter 76.00 76.00

PROCEEDINGS OF THE YEAR 2012 133 Iron Worker 82.00 82.00 Laborer 70.00 70.00 Equipped Field Truck 22.00 22.00 15 Cu. Yd. Dump Truck 90.00 90.00 15,000 lb. Crawler Dozer 110.00 110.00 30,000 lb. 3 yd. Wheeled Loader 120.00 120.00 45,000 lb. Excavator w/ Thumb 150.00 150.00 Bid to be used within budgeted funds for a given year.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract as set forth above, for the term of one year, effective date of October 1, 2012 – September 30, 2013, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 265 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE AMENDING THE 2012 CONTRACT WITH KVS INFORMATION SYSTEMS, INC.

(KVS) - TREASURER’S OFFICE WHEREAS, KVS Information Systems, Inc. (KVS) is the current provider of Annual Software Subscriptions and Telephone Hotline Support for all of Schuyler County, and WHEREAS, the agreement is with said firm to provide technology hardware and software enabling the county to perform its daily functions, and WHEREAS, it has been made known to the Treasurer’s Office that KVS has renewed their distribution agreement with Oracle, and KVS was required to complete an in-depth license compliance review on behalf of their clients, and Oracle has informed KVS that because of this review, KVS is now being required by Oracle to have all of KVS clients acquire Forms and Reports Licenses. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract amendment with KVS for the Treasurer’s Office for additional annual charges of $1,821.60 ($607.20 pro-rated per billing) to allow for the licensing through KVS of Oracle Forms and Reports, funding available in the 2012 budget account no. 1325.435-Professional Fees and Services; subject to approval of the Schuyler County Attorney. Vote 8-0.

RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING

RESOLUTION NO. 266 Motion by Barnes, Second by Yuhasz.

WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County



Asset # Description Serial # Department Unknown GX620 Optiplex Computer F96R8C1 IT 1394 2-wheel hand truck N/A Weights & Measures 1398 2-wheel cart N/A Weights & Measures

SURPLUS Asset # Description Serial # Department 6448 2008 Ford F150 Truck 1FTRX14W68FB69164 Central Garage Vote 8-0. RESOLUTION NO. 267 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE CONTRACT FOR PROFESSIONAL SERVICES WITH SAMUEL D. CASTELLINO,

ESQ. FOR ADDITIONAL ATTORNEY SERVICES DURING 2012 – COUNTY ATTORNEY’S OFFICE

SCHUYLER COUNTY LEGISLATURE 134 WHEREAS, the Schuyler County Attorney’s Office has a demonstrated need for additional legal

services for any Social Services cases, “conflict” cases, and overload cases, and WHEREAS, Samuel D. Castellino, Esq. is a highly qualified attorney who is ready, willing, and able to

accept assignment of such cases, and WHEREAS, the hourly rate for his services will be $75.00, and the total amount of the contract is not to

exceed $10,000 for the year 2012. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

execute a contract with Samuel D. Castellino, Esq. for additional Attorney Services for the County Attorney’s Office at an hourly rate of $75.00 per hour, and the total amount of the contract is not to exceed $10,000 for the year 2012, funding is available in the 2012 County Attorney budget account no. 1420.401, subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 268 Motion by Halpin, Second by Field. RE: AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH THE TOWN OF DIX, THE TOWN OF

READING, THE VILLAGE OF WATKINS GLEN, AND THE WATKINS GLEN CENTRAL SCHOOL DISTRICT

WHEREAS, the Wal-Mart and Inergy real estate properties have commenced a real property assessment revision in the Supreme Court, Schuyler County, and WHEREAS, assessment reduction as a result of litigation would adversely affect all real property tax jurisdictions deriving taxes therefrom. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an inter-municipal agreement with the other taxing jurisdictions involved, the Town of Dix, the Town of Reading, the Village of Watkins Glen, and the Watkins Glen Central School District, for the purpose of cost savings and common defense to be provided by the firm of Davidson and O’Mara, Elmira, NY. Vote 8-0. RESOLUTION NO. 269 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDING THE MANAGEMENT/CONFIDENTIAL SALARY PLAN FOR THE

DIRECTOR OF COMMUNITY SERVICES POSITION WHEREAS, per Resolution No. 239-12 the title of the Director of Community Services was modified to

remove the Public Health Director, and WHEREAS, the duties of the Director of Community Services position has since been reviewed by the

Personnel Officer and County Administrator, and WHEREAS, the Personnel Officer has conducted a factor rating of the Director of Community Services

position, as revised, and recommends the following changes: I Accountability 90 II Complexity of Duties 120 III Experience and Knowledge 150 IV External Contacts 60 V Independent Judgment 125

VI Internal Contacts 60 VII Impact on Programs Administration 50 VIII Interpersonal Skills 80 IX Supervision Exercised 150 TOTAL 885 = Grade L* (*Dual position given one grade level

credit) NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended

to reflect the above changes for the Director of Community Services position effective September 10, 2012. Vote 8-0. RESOLUTION NO. 270 Motion by Halpin, Second by Field. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF COMMUNITY

SERVICES POSITION

PROCEEDINGS OF THE YEAR 2012 135 WHEREAS, the Director of Community Services position has been vacant since March 29, 2012, and WHEREAS, it is upon recommendation by the Community Services Board that Mary C. Hayes be appointed to said position.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment made by the Community Services Board of Mary C. Hayes to the Director of Community Services position, effective September 10, 2012, at an annual salary of $80.000 Grade L, in the Management/Confidential Salary Plan, and

BE IT FURTHER RESOLVED, that per Resolution No. 109-12, this is considered other arrangements, and the above salary will take the place of the Interim Director of Community Services compensation, effective September 10, 2012. Vote 8-0. RESOLUTION NO. 271 Motion by Barnes, Second by Gifford. RE: LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. __ OF THE YEAR 2012 ABOLISHING THE

ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF COUNTY COMPTROLLER FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION – RESCINDED BY RESOLUTION NO. 290-12 WHEREAS, Local Law Intro. No. 6/Local Law No. _ of the Year 2012 abolishing the Elected Office of

County Treasurer and Creating an Appointive Office of County Comptroller for the County of Schuyler and Causing a Proposition to be submitted to the electorate at the next general election was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held September 10, 2012 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 6/Local Law No. _ of the Year 2012, 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. 6/Local Law No. _ of the Year 2012, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. _ OF THE YEAR 2012 A Local Law abolishing the Elected Office of County Treasurer and Creating an Appointive Office of County Comptroller for the County of Schuyler and Causing a Proposition to be submitted to the electorate at the next general election. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. Legislative Intent A. The County of Schuyler is being increasingly required to administer various programs which are either unfunded or not adequately funded by the State and Federal governments. Such mandates, together with the revenue constraints of the County, require the best financial administration possible. B. It is the desire of the Schuyler County Legislature, in its continuing efforts to upgrade the administration of County government, to ensure to the effective management of the fiscal responsibilities of the County of Schuyler. C. The Schuyler County Legislature finds that, through a more efficient administration of the various fiscal affairs of Schuyler County, the County Legislature will be able to provide for better direction, control and coordination of Schuyler County governmental finances. Further, the timely reporting of the County’s fiscal position, statements of expenses and revenues, and cash flow will provide for improved day-to-day handling and management of the County’s fiscal affairs. D. It is the intention of the Schuyler County Legislature, through the enactment hereof; to provide for professional qualifications and professional background required of its Chief Fiscal Officer. E. It is the further intent of the Schuyler County Legislature, though the enactment hereof, to provide for the creation and appointment of a County Comptroller as the County’s professional Chief Fiscal Officer, having the professional qualifications, education and experience necessary for the position; and abolishing the elective

SCHUYLER COUNTY LEGISLATURE 136 Office of County Treasurer. By a mandatory referendum in accordance with the County Law, Section 575 and Municipal Home Rule Law, Section 10, it is the intent to change from an elective County Treasurer to an appointive County Comptroller after a referendum conducted in all respects under the provision of Municipal Home Rule Law, Section 23. F. It is not the purpose or intent of the Schuyler County Legislature in the adoption of this local law to curtail, diminish, transfer or divest the Schuyler County Legislature of any of its functions, powers or duties. SECTION 2. Abolishing the elective Office of County Treasurer The elected position of County Treasurer as provided in Section 400, subparagraph I of the County Law is abolished effective December 31, 2012. SECTION 3. Creating the appointive Office of County Comptroller Effective January 1, 2013, there shall be a Department of Finance headed by the County Comptroller, who shall be appointed on the basis of his or her professional, educational, and administrative qualification; the Comptroller shall be appointed by the County Legislature pursuant to standard policy regarding appointment of department heads. SECTION 4. Appointment, Distinguishing Features of the Office, Term of Office A. There shall be an appointed County Comptroller who shall be directly responsible to the County Legislature, through the County Administrator and the Management and Finance Committee, and on behalf of Schuyler County, shall perform the functions of Chief Fiscal Officer, with the Schuyler County Legislature retaining the final administrative authority. The position of County Comptroller shall be unclassified for Civil Service purposes. B. The work involves the responsibility for fiscal management activities and carries authority as the Chief Fiscal Officer. The County Comptroller has all of the powers and performs all of the duties of a Chief Accounting Officer of Schuyler County. The work involves responsibility for directing and maintaining the financial records of the County in the manner prescribed by the New York State Department of Audit and Control, as well as, insuring these record keeping activities are carried out in accordance with all applicable laws and regulations governing local government. C. The County Comptroller shall exercise direct supervision over the fiscal operations of County departments and agencies. Typical work activities shall include but not be limited to: (1). Maintains custody of all Schuyler County funds, manages all investments and maintains all financial records and accounts of all units of County government charged with duties relating to funds of the County; (2). Provides and keeps a record keeping system showing all appropriations, funds and expenditures, together with the name of the claimant and amounts; (3). Keeps a separate account of each County department and special funds; (i.e. Court, Trust and Agency, etc.) (4). Conducts the sale of bonds and notes and keeps a record of all bonded indebtedness and other loans; (5). Collects and Remits various local and State taxes; (6). Reconciles bank statements; (7). Submits statement of County finance to the Schuyler County Legislature and County Administrator in a timely fashion at least monthly or as otherwise requested or directed; (8). Prescribes approved methods and forms for financial accounting and record keeping and provides oversight of all County offices; (9). Certifies the availability of funds for all contracts, purchase orders and other financial obligations incurred by the County; (10). Provides for a system of encumbrances, and maintains records; (11). Prepares Department of Finance’s proposed annual budget; (12). Advises Schuyler County Legislature on fiscal matters; (13). Reviews and approves State and Federal aid claims; (14) Assists in the preparation of the independent audit, participating in the timely review of the results of said audit and the preparation of the corrective action plan with the Management and Finance Committee, and reports progress on corrective action to the Management and Finance Committee through to completion of corrective actions. D. Full Performance Knowledge, Skills, Abilities and Personal Characteristics;

PROCEEDINGS OF THE YEAR 2012 137 (1). Thorough knowledge of the principles and practices of modem public fiscal administration, including internal auditing, account and fiscal management; (2). Good knowledge of the practices and principles of supervision; (3). General knowledge of purchasing procedures; working knowledge of state finance laws; working knowledge of bond markets; (4). Ability to plan and supervise the work of others; (5). Ability to establish and maintain satisfactory working relationship with others; (6). Ability to follow and understand complex oral and ‘written instruction; (7). Ability to issue complex oral and written instructions; (8). Initiative; integrity; resourcefulness, good judgment; (9). Physical condition commensurate with the demands of the position. E. The appointment of the County Comptroller shall commence on January 1, 2013 and shall expire on December 31, 2015. Subsequent terms of office shall be for four (4) years. SECTION 5. Qualifications A. At the time of appointment, the County Comptroller shall have the following training and/or experience: (1). Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Master’s Degree in Accounting, Public Administration or Business Administration or a related field, which must have included or been supplemented by at least twelve credits in accounting AND four (4) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (2). Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Bachelor’s Degree in Accounting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accounting AND six (6) years of paid full- time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (3) Graduation from the regionally accredited college or university, or one accredited by the New York State Board of Regents to grant two year degrees, with an Associate’s Degree in Accounting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accounting AND eight (8) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (4). Ten (10) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (5). An equivalent combination of training and experience as defined by the limits of 1, 2, 3 and 4 above. The County Comptroller 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’s domicile need not be in Schuyler County at the time of appointment but shall become so within ninety (90) days of the appointment and remain so during his or her term of office. Failure to be domiciled or to remain so in Schuyler County as stated herein shall be cause for dismissal by the Schuyler County Legislature without other or further notice. SECTION 6. Salary The County Comptroller shall receive an annual salary to be fixed by the Schuyler County Legislature. SECTION 7. Powers and Duties A. Without curtailing, diminishing or transferring the powers of any elected or appointed County official, the County Comptroller shall be responsible for the overall administration of the County government finances. B. The County Comptroller shall perform all the duties now and hereafter conferred or imposed upon the Office by law and directed by the County Legislature and shall have all the powers and perform all the duties

SCHUYLER COUNTY LEGISLATURE 138 necessarily implied or incidental thereto. Among such powers and duties, but not by way of limitation, are the following: (1). have general superintendence over the fiscal affairs of the County. (2). keep books and records at the expense of the County showing all appropriations, funds and expenditures together with the name of the claimant and the amounts and nature thereof; (3). keep a separate account for each County officer or department and special funds; (4). keep a record of all bonded indebtedness and other loans and conduct the sale of all bonds pursuant to the provisions of the local finance law; (5). procure bank statements from depositaries of County funds at least once a month and reconcile them with the books and records; (6). at least annually review all books and records, vouchers and other papers pertaining to the money, funds and property of the County and render a report thereon to the Schuyler County Legislature as to whether proper books and records have been kept and all moneys and property of the County accounted for; (7). cause to be printed within thirty (30) days after the close of the fiscal year for distribution to the Schuyler County Legislature, County officers and the public, a verified statement in summary form showing the receipts of money from all sources, the expenditures and balances by funds, and bonded indebtedness together with the terms of payment and the balance unpaid and such other information as may be deemed proper or directed by the Schuyler County Legislature. (8). perform such additional and related duties as may be prescribed by law or directed by the Schuyler County Legislature. C. The County Comptroller shall, before he or she enters upon the duties of his or her Office, take the constitutional Oath of Office and execute to the County and file an official undertaking as provided in Section Eleven of the Public Officers Law. D. The County Comptroller within ten days after entering upon the duties of his or her Office shall appoint a Deputy Comptroller meeting the minimum qualifications established by Civil Service. Such appointment shall be in writing under his or her hand and seal and be filed and recorded in the office of the County Clerk. He or she shall perform such duties as may be assigned by the Comptroller, and during the temporary absence of the Comptroller he or she shall act as the Comptroller. SECTION 8. Acting County Comptroller In the event of a vacancy in the Office of County Comptroller or inability of the incumbent to perform and exercise the powers and duties of the Office of Comptroller, the Deputy Comptroller may continue to act as Comptroller or another qualified County Officer may be appointed Acting County Comptroller by the Schuyler County Legislature provided there is no incompatibility of office under the law. SECTION 9. No Divestiture of Powers And Duties of Legislature Nothing contained in this local law shall operate or be construed to divest the Schuyler County Legislature of any of its functions, powers and duties. SECTION 10. Severability 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 of invalidate the remainder thereof, but shall be confirmed in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order have been rendered. SECTION 11. Construction of Local Law A. This law shall be liberally construed to effectuate the purposes thereof and to provide an appointive chief fiscal officer in compliance with the requirements of law. B. It is intended that through this law all duties associated with the elective Office of County Treasurer be transferred to the appointive Office of County Comptroller. SECTION 12. Conflict With Previous Local Laws and Resolutions In the event of a conflict or inconsistency between this local law and any previous local laws or resolution of the County Legislature, this local law shall govern. SECTION 13. Referendum A. The local law shall be placed on the ballot for the election to be held on November 6, 2012.

PROCEEDINGS OF THE YEAR 2012 139 B. The form of the proposition shall be as follows: “Shall the elective Office of County Treasurer be abolished and the appointive Office of County Comptroller be created in Schuyler County as approved by the Schuyler County Legislature in Local Law No. , 2012” SECTION 14. Effective Date A. This local law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully; and B. This local law shall take effect when it has been duly filed in the Office of the Secretary of State and as provided by this local law. Vote 8-0. DISCUSSION: Legislator Gifford stated that the public needs to understand that the Legislature has had a bad audit report for years. They had to listen and receive reports stating that the Treasurer’s Office is four years behind with the report to the State, and the audits reported major deficiencies in that department for years. The responsibility lies with the Legislature and not the Treasurer. We cannot set back and allow this to continue without doing something about it. The past Elected Official assured us that there would be steps taken to rectify the reported deficiencies and nothing was done. To get a person to run in this County with the needed qualifications is going to be tough. This step is a step that the Legislature has wanted to take for years. We had checking accounts that were not reconciled. It is areas like this where miss-use can occur. This Legislature is acting in a responsible way, as we have seen what has happened in the past. This needs to happen.

Legislator Halpin thanked the public in attendance and told them it is nice to see them present. She reiterated the need for an appointed Treasurer.

Mr. Paul Marcellus said he would like to hear what the auditing firm finds annually. He remembers the audit costing the County about $60,000 a year. Chairman Fagan noted that there are inflated costs due to the level of deficiencies that have to be corrected by the auditing firm. Legislator Gifford stated that this is not all about qualifications. It is about deficiencies as well. He feels they need to have reliability.

Mr. Alan Hurley stated that he read the audit and on page five there was action to be taken by the Legislature and it did not occur. Legislator Barnes tried to explain that we are stepping up to the plate by taking these steps by creating the Comptroller position. Chairman Fagan informed Mr. Hurley that the County did hire a contractual accountant to help the current Treasurer prepare for the year-end audit.

Mr. Mike Davis asked how the new Treasurer is doing now. He voted for him and he seems to be doing a good job. He feels the voters should have a chance to vote on this position and would like it to stay that way. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES:

Legislator Halpin read from a hand out she received at Cornell Cooperative Extension regarding PROSPER and how it works. PROSPER stand for “Promoting School-Community-University Partnerships to Enhance Resilience”. The hand out is on file in the Legislative Office. COUNTY ADMINISTRATOR’S REPORT:

Administrator O’Hearn said he had nothing new to report, but did request that the Legislature go into Executive Session to discuss a personnel matter.

MOTION by Legislator Larison to go into executive session to discuss employee work history, SECOND by Legislator Gifford. Motion passed unanimously eight ayes to zero noes. Lorry Johnson, Personnel Officer was also present.

MOTION by Legislator Field to come out of executive session, SECOND by Legislator Gifford. Motion passed unanimously eight ayes to zero noes.

The Meeting Adjourned at 7:45 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

SPECIAL MEETING SEPTEMBER 14, 2012

SCHUYLER COUNTY LEGISLATURE 140 The September 14, 2012 Special Meeting of the Schuyler County Legislature was called to order at 9:00

a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of Silence. All Legislators were present except Legislator Larison and Legislator Halpin who were both excused. County Attorney, Geoffrey Rossi, was also present. County Administrator O’Hearn was not present. PUBLIC PARTICIPATION: None. RESOLTUION NO. 272 Motion by Karius, Second by Field. RE: RATIFICATION OF SPECIAL MEETING


1. AUTHORIZE STIPULATION AGREEMENT WITH THE SCHUYLER COUNTY HIGHWAY SUPERINTENDENT

Vote 6-0. RESOLUTION NO. 273 Motion by Gifford, Second by Field. RE: AUTHORIZE STIPULATION AGREEMENT WITH THE SCHUYLER COUNTY HIGHWAY

SUPERINTENDENT BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation

Agreement with the Schuyler County Highway Superintendent, subject to the approval of labor counsel, and the Schuyler County Attorney. DISCUSSION: Legislator Barnes asked to see a copy of the agreement. Lorry Johnson, Personnel Officer, read from the copy she brought to the meeting for all legislators present. She also informed them that the Highway Superintendent has until Monday to sign the agreement. Vote 6-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:08 A.M. Stacy B. Husted, Clerk

REGULAR MEETING

OCTOBER 9, 2012

The October 9, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present. County Administrator Tim O’Hearn and County Attorney, Geoffrey Rossi, were also present. PUBLIC PARTICIPATION:

The Legislative Chambers was full with public in attendance. A number of realtors were present to express their concern about the Local Law to amend the Watershed Local Law. Mr. Alan Hurley handed out a list of questions on a number of the introductions on the agenda that is on file in the Legislative Office. The Clerk directed him to the Resolution packet that supplied all of his answers. All of his questions were answered to his satisfaction by Chairman Fagan, or Administrator O’Hearn.

Mr. David Reed, former Town of Cayuta Supervisor, asked if the change with the Community College charge backs was just a money issue. He feels the Towns are being forced to bail out the County’s financial problems. This idea had been threatened in the past similar to the example of SCOPED funding. He told the Legislature that the Towns are all in the same shape, now you are forcing this on them. If indeed this can be done, he feels it should have been done a long time ago. Mr. Reed’s concern is that some of the figures discussed could bankrupt some of the Towns. He stated that when he left the town of Cayuta, they had a decent size fund balance. That balance should have been enough until Wagner Lumber went back on the tax rolls. The Town of Cayuta is a town that carried zero debt when he was the supervisor. He then explained his reasoning for never joining the County Wide Assessment program in the past. He did not feel the total savings was worth the tax payer’s money to have to run to Watkins Glen to do any business. He wanted his own assessor and his board to be held accountable. In his point of view, this is just a blind side and is coming out of nowhere. He

PROCEEDINGS OF THE YEAR 2012 141 asked the Legislature if this was a onetime bail out or if this would be business as usual from now on? 6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. __ OF THE YEAR 2012 AMENDING LOCAL LAW NO. 3 OF THE YEAR 1994 TITLED “WATERSHED PROTECTION LAW” TO 1) ELIMINATE ARTICLE 4 (NUISANCES); 2) UPDATE APPENDIX 75-A; 3) ADD MANDATORY REAL PROPERTY TRANSFER EVALUATION FOR BOTH WATER AND WASTEWATER SYSTEMS ARTICLE 4 (REAL PROPERTY TRANSFERS); AND 4) ADD REQUIREMENTS FOR LAND APPLICATION OF SEPTAGE BIOSOLIDS ARTICLE 5 – PUBLIC HEALTH DEPARTMENT

Legislator Barnes said he would like to suggest that he make a motion to table this action and Legislator Karius agreed. The Clerk informed them that this is a public hearing and they could not make a motion to table the Resolution until it is on the floor after the hearing. She also informed the Legislators that if they chose to table this and make the slightest change to it, it will then need to be re-introduced and start over again with the process. Chairman Fagan requested that they hear from the public first as that is the purpose of a Public Hearing. He then asked Darrel Sturges or Jim Howell, from the Watershed Department, who were both in attendance to speak on the Local law. Darrel Sturges, Watershed Inspector, explained a little bit of the history and some of the changes included in the new Local Law. Mr. Jim Halpin asked how extensive the problem is. Darrel Sturges replied that he did not have the exact numbers. Mr. Halpin said he cannot believe this Legislature, over the last 30 to 40 years it has done nothing to make life easier in our community. Everything you do adds costs and puts another burden on the tax payers. Ms. Vicky Schamel, a realtor, stated that she just received the new Local Law today and after her initial review she has a number of concerns. She feels this new law will make doing business much tougher in our County. Cottages that have been winterized would have to be opened and water tests completed. She gave a number of scenarios that would complicate the real estate transactions. She suggested that realtors and bankers be invited to set down and provide input. She complimented the Watershed staff and wished that Code Enforcement operated in the same fashion. Ms. Schamel stated that if the Local Law as written was adopted, the County would have to employ more than the two employees that are there now. Mr. Jim Howell, Watershed Inspector Assistant, stated that he wrote the original Local Law of 1994 that is in the process of being changed. He explained that there is a loop hole that had been discovered and needs to be tightened up. It is not his intention or the Legislature’s to add undo work for anyone. They do not want the septic systems to be used as a tool for negotiation during transactions. As it is written, it can be. Ms. Schamel stated that cash transactions need to be quick. New York State is an “as is” State. She asked again that this be tabled for further discussion and asked to be a part of that. A number of additional comments and opinions were stated from others present. Legislator Gifford stated that the Legislature has been discussing unfunded mandates versus mandated costs and well this is one of them. With no further comments, the public hearing closed at 7:09 p.m. RESOLUTION NO. 274 Motion by Karius, Second by Larison. RE: APPROVE MINUTES OF THE SEPTEMBER 10, 2012 REGULAR MEETINGAND THE

SEPTEMBER 14, 2012 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the September 10, 2012 Regular Meeting and the September 14,

2012 Special Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 275 Motion by Barnes, Second by Gifford. RE: AUTHORIZE GRANT APPLICATION AND CONTRACT FOR A FY2012 HAZMAT GRANT

PROGRAM – EMERGENCY MANAGEMENT WHEREAS, the NYS Division of Homeland Security and Emergency Services (DHSES) offered

Counties money to regional Hazmat partnerships, and WHEREAS, the Emergency Management Office wishes to apply for funds on behalf of our regional

partners, Chemung, Steuben, Tioga and Schuyler Counties, and WHEREAS, our region will receive $53,000 under the 2012 Regional Hazmat Grant Program, and WHEREAS, the grant is 100% funded with no local match.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the NYS Division of Homeland Security and Emergency Services

SCHUYLER COUNTY LEGISLATURE 142 FY2012 Hazmat Grant Program; subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 276 Motion by Barnes, Second by Gifford. RE: ACCEPT AND ESTABLISH THE NYS OFFICE OF INDIGENT LEGAL SERVICES GRANT,

C000243 – PUBLIC DEFENDER WHEREAS, the Public Defender’s Office has received the New York State Office of Indigent Legal Services Grant, C000243, and WHEREAS, said grant will be for the period of June 1, 2012 through May 31, 2015, and in the amount not to exceed $55,776.00. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby directed to establish the NYS Office of Indigent Legal Services Grant, C000243 accordingly in cooperation with the Public Defender’s Office. Vote 8-0. RESOLUTION NO. 277 Motion by Barnes, Second by Gifford. RE: AUTHORIZE APPOINTMENTS TO THE AGRICULTURE AND FARMLAND PROTECTION

BOARD BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following

individuals to the Agriculture and Farmland Protection Board, for the term October 1, 2012 through December 31, 2015, to wit:

Ben Rawleigh, Farm Representative Elaine Dalrymple, Soil and Water Conservation Representative

Vote 8-0. RESOLUTION NO. 278 Motion by Larison, Second by Halpin. RE: AUTHORIZE GRANT APPLICATION FOR ROYCE HAIGHT BOOTH YOUTH FUND GRANT –

YOUTH BUREAU WHEREAS, the Royce Haight Booth Fund supports youth activities and recreational programs for youth

in Schuyler County, and WHEREAS, the Association of New York State Youth Bureaus annually holds a youth leadership

conference in February in Albany, and WHEREAS, the Youth Bureau has not been able to take youth to Albany for this youth leadership

development opportunity due to the cost, and WHEREAS, the Royce Haight Booth Youth Fund offers funding for between $500 and $3,000 and there

is no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized

to sign the aforementioned grant application for funding for the Youth Bureau and any subsequent contracts; subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 279 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH SNELL FARM CHILDREN’S CENTER FOR CUSTOMIZED

SERVICES – COMMUNITY SERVICES WHEREAS, Schuyler County Health Services is asked to provide assessments that include Sexual Harm

Risk and Psychological Assessments on sexualized behaviors, and WHEREAS, the staff at the Mental Health Clinic are not trained to do these assessments, and WHEREAS, Snell Farm Children’s Center has the ability to provide these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

execute a contract with Snell Farm Children’s Center for the Community Services department for the term October 10, 2012 through December 31, 2013 funding available in the Community Services budget account no. 4310.435, at the rate of $68.35 per hour, subject to the approval of the Schuyler County Attorney. Vote 8-0.

PROCEEDINGS OF THE YEAR 2012 143 RESOLUTION NO. 280 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH FLACRA (FINGER LAKES ADDICTIONS COUNSELING AND

REFERRAL AGENCY) – COMMUNITY SERVICES WHEREAS, FLACRA (Finger Lakes Addictions Counseling and Referral Agency) is in need of a

qualified therapist to co-facilitate group sessions at the 106 South Perry Street location, and WHEREAS, Schuyler County Mental Health clinic is willing and able to provide such services, and WHEREAS, FLACRA will reimburse Schuyler County Mental Health $75.00 per session for these

services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

sign a contract with FLACRA for the provision of therapy services by Schuyler County Mental Health in the amount of $75.00 per session for October 1, 2012 through December 31, 2013, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 281 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE COMBINING THE YOUTH BUREAU AND FAMLIES FIRST LEASE AGREEMENT

AND AUTHORIZE CONTRACT RENEWALS WITH NUMEROUS ENTITIES AT THE HUMAN SERVICES COMPLEX - BUILDINGS AND GROUNDS

WHEREAS, the Youth Bureau has request that their Families First lease and the Youth Bureau Department lease be combined into one lease agreement, and WHEREAS, the 2010 Space Occupancy Cost Analysis (SOCA) has shown that there is a need to increase numerous leases based on the cost to maintain the space in the Human Services Complex, and WHEREAS, there has not been a rate increase in these leases since 2007.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the recommendation of the Building Maintenance Supervisor and the 2010 SOCA study to increase the cost of numerous leases for a term of January 1, 2013 through December 31, 2013, with the revenue applied to Buildings and Grounds account no. 001.1620.2410, and

BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign a one year contract renewal with the Schuyler County Youth Bureau, Office for the Aging and Head Start as listed below, subject to the approval of the Schuyler County Attorney.

2012 2013 Families First $8,665 $ -0- Youth Bureau $6,245 $15,666 Office for the Aging $35,720 $41,924 Head Start Kitchen $3,000 $3,300 Annual Total $53,630 $60,890

Vote 8-0. RESOLUTION NO. 282 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER COUNTY COMMUNITY SERVICES -

BUILDINGS AND GROUNDS WHEREAS, the 2010 Space Occupancy Cost Analysis (SOCA) have shown that there has been a need to increase the Cleaning/Maintenance Agreement based on the cost to maintain the space in the Mill Creek Center, and WHEREAS, there has not been a rate increase in this agreement since 2007, and WHEREAS, as an alternative to a major increase this year, Buildings and Grounds will increase the cost per square foot by approximately $1 each year until cost is as recommended by the SOCA.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the recommendation of the Building Maintenance Supervisor and the SOCA study to increase the cost of the agreement for the term January 1, 2013 through December 31, 2013, with the revenue applied to Buildings and Grounds account no. 001.1620.1289, as follows:

2012 2013 Community Services - Cleaning/Maintenance Agreement $60,530 $72,636

SCHUYLER COUNTY LEGISLATURE 144 BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a

contract renewal with Schuyler County Community Services, for Cleaning and Maintenance at 106 Perry Street, Watkins Glen, for an annual total cost of $72,636, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 283 Motion by Larison, Second by Yuhasz. RE: ACCEPT/REJECT HVAC REPAIR/MAINTENANCE BIDS FOR COUNTY HVAC UNITS –

BUILDINGS AND GROUNDS WHEREAS, Resolution No. 235-12 authorized the Building Maintenance Supervisor to provide bid documents and go out to bid for HVAC Repair and Maintenance support. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to accept all bids received for HVAC Repair and Maintenance.

CONTRACTOR Bouille Electric, Inc. Climate Control Technologies, Inc. Collins and Walton Plumbing and Heating, Inc. Kimble, Inc.

BE IT FURTHER RESOLVED, that the costs are to be paid from the account no. 1620.490, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contracts with the above, subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 284 Motion by Larison, Second by Barnes. RE: AUTHORIZE AMENDING LEASE AGREEMENT WITH SOUTHERN TIER HOSPICE TO

REFLECT THEIR NEW NAME “CAREFIRST” AND RENEW LEASE FOR 2013 WITH NO CHANGE IN COST - BUILDINGS AND GROUNDS

WHEREAS, Southern Tier Hospice has changed their name to CareFirst, effective September 17, 2012, and WHEREAS, Resolution No. 310-11and Resolution No.155-12 authorized a lease agreement with Southern Tier Hospice at the Courthouse Complex at a cost of $775 per month, payable annually.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a Lease Agreement renewal with the CareFirst for January 1, 2013 to December 31, 2013 at an annual cost of $9,300; subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 285 Motion by Larison, Second by Barnes. RE: AUTHORIZE PAYMENT OF SERVICES FOR EMERGENCY REPLACEMENT OF GAS LINES IN

THE JAIL – BUILDINGS AND GROUNDS WHEREAS, the gas lines in the Jail have been temporarily repaired and need to be replaced, and WHEREAS, Collins and Walton has agreed to do the project on an emergency turn-key basis. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the

Building Maintenance Supervisors recommendation to accept Collins and Walton, Inc. proposal to replace all gas lines in the Jail, in the amount not to exceed $20,630, with the additional cost of removal of any asbestos which may be discovered during the cost of the project, and

BE IT FURTHER RESOLVED, that funding is available in Buildings and Grounds Capital account 004.1620.209, and

BE IT FURTHER RESOLVED, that the Building Maintenance Supervisors is authorized to enter into a purchase order with Collins and Walton, Inc., P.O. Box 205, 1525 Lake Street, Elmira, NY 14902 in the amount not to exceed $20,630, with the additional cost of removal of any asbestos which may be discovered during the course of the project, subject to approval of the Schuyler County Attorney. Vote 8-0.

PROCEEDINGS OF THE YEAR 2012 145 RESOLUTION NO. 286 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT WITH TRUGREEN- BUILDING & GROUNDS WHEREAS, the lawn at the Courthouse complex is in need of revitalization, and WHEREAS, TruGreen had submitted a quote in the amount of $1800.00, and

WHEREAS, this amount will include, aeration, slit seeding, early fall application, fall application, winterizer application, bed weed control application, and WHEREAS, the Public Works Committee is in support of this investment.

DISCUSSION: Legislator Halpin stated she would be voting no in this Resolution because of the same reasons she stated during the committee meeting. She understands that this is not a lot of money, but this Legislature has a spending problem and is irresponsible at times. Any of you know how we are doing on this year’s budget? Chairman Fagan, we are not doing very well. Legislator halpin said if any of you cannot answer that, then we should not be voting on this Resolution. At this point, we should not be spending anything we do not have to. Why do we not have any fund balance anymore? You know why? It has been applied to year to year spending. We have almost reached the end. If it is not a necessity we should not be spending it.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with TruGreen, 6700 Commerce Blvd., Syracuse, NY 13211 for the treatment of the Courthouse lawn for the term 10-15-2012 thru 12-31-2012, funding available in the 2012 Buildings and Grounds budget account no. 001.1622.427; subject to approval of the Schuyler County Attorney.

RESOLUTION NO. 287 Motion by Larison, Second by Gifford. Vote 6-2. Noes; Halpin, Karius.

RE: AUTHORIZE TRANSFER OF FUNDS FROM COUNTY ROAD SNOW REMOVAL TO COUNTY ROAD MAINTENANCE OF ROADS ACCOUNT FOR PROJECTS – HIGHWAY DEPARTMENT WHEREAS, the County Road Snow Removal account has excess funds of $20,200 from a mild winter,

and WHEREAS, the Highway Department has a need to complete oil and stone projects on County Roads. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to

transfer $20,200 from Account No. 002.5142.438, Snow Removal Supplies into Account No. 002.5110.511, Maintenance of Roads, Asphalt Materials. Vote 8-0. RESOLUTION NO. 288 Motion by Larison, Second by Gifford. RE: RESOLUTION TO ESTABLISH COST OF LIVING ADJUSTMENT (COLA) FOR 2013 WHEREAS, the Management/Confidential Salary Plan (M/CSP) states that the COLA be determined each year from using the July Bureau of Labor Statistics Data Report, Consumer Price Index, and be applied using the same methodology as the Federal Government over a 12-month period, and WHEREAS, the Personnel Officer has determined the COLA to be 3% for the year 2013. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby establishes the COLA for the Year 2013 to be 3%. Vote 8-0. RESOLUTION NO. 289 Motion by Larison, Second by Gifford. RE: AUTHORIZE TRANSFER OF FUNDS FOR FLEXIBLE SPENDING

ADMINISTRATION/COMPLIANCE – HUMAN RESOURCES WHEREAS, the 2012 budget for Flexible Spending Account Administration/Compliance services is over budget, and WHEREAS, there are surplus funds in Insurance Opt-out Benefits account no. 9060.0811 which can be used to cover this deficit. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $480 from Insurance Opt-out Benefits account no. 9060.0811 to Flexible Spending Administration/Compliance account no. 9089.0800. Vote 8-0. RESOLUTION NO. 290 Motion by Larison, Second by Gifford.

SCHUYLER COUNTY LEGISLATURE 146 RE: RESCIND LOCAL LAW INTRO. NO. 6 OF THE YEAR 2012 TITLED “ABOLISHING THE

ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF COUNTY COMPTROLLER FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION

WHEREAS, Local Law Intro. No. 6 of the Year 2012 titled “Abolishing the Elected Office of County Treasurer and Creating an Appointive Office of County Comptroller for the County of Schuyler and Causing a Proposition to be Submitted to the Electorate at the Next General Election” was introduced by the Legislature on August 13, 2012 by Resolution No. 236-12, and adopted by the Legislature on September 10, 2012 by Resolution No. 271-12 to be submitted to the electorate at the next general election to be held on November 6, 2012, and WHERES, pursuant to Municipal Home Rule § 23, a Local Law being presented to the electorate must be adopted sixty days prior to the general election date, and

WHEREAS, the Legislature has missed this deadline by three days, therefore making it impossible for the Local Law to be presented as a proposition on the November 6, 2012 ballot. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby rescinds Local

Law Intro. No. 6 of the Year 2012 by way of this Resolution. Vote 8-0. RESOLUTION NO. 291 Motion by Larison, Second by Gifford. RE: AUTHORIZE INCREASING THE HOURS OF THE DEPUTY DIRECTOR OF COMMUNITY

SERVICES POSITION TO FULL-TIME – COMMUNITY SERVICES WHEREAS, Schuyler County Community Services has a less than full time Deputy Director of

Community Services position, and WHEREAS, this position is currently at 24 hours per week, and WHEREAS, the Director of Community Services has a need for this position to be full-time, as the Clinic

Director position, in Community Services, has been vacated and will not be refilled, and WHEREAS, the Deputy Director position is eligible to draw down additional federal salary sharing

funds and the Clinic Director position is not. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes

increasing the hours of the Deputy Director of Community Services position from 24 hours to 35 hours per week, effective immediately, funding available in the 2012 budget. Vote 8-0. RESOLUTION NO. 292 Motion by Larison. Second by Gifford. RE: AUTHORIZE CREATION OF ELECTION INSPECTORS, DEMOCRATIC AND REPUBLICAN

PARTY INSPECTORS, ELECTION VOTING SYSTEM TECHNICIANS/CUSTODIANS, CHIEF ELECTION TECHNICIAN/CUSTODIAN, AND ALTERNATE ELECTION VOTING SYSTEM TECHNICIAN/CUSTODIAN POSITIONS – BOARD OF ELECTIONS WHEREAS, the Internal Revenue Service (IRS) regulations require that Schuyler County place all

Election Inspectors, Election Party Inspectors, Election Voting System Technicians/Custodians, Chief Election Technician/Custodian, and Election Alternate Voting System Technicians/Custodians on the County payroll, and

WHEREAS, said titles are determined by Civil Service to be unclassified. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Board of Elections to create the titles below with salaries set forth below, previously established by Resolutions.

ELECTION INSPECTORS $100 for primary election, Chairman $125.00 $150 for general election, Chairman $175.00

$25 for each mandated training $25 for each Inspector to receive the Machines

$20/hr for each Democratic and Republican Party Inspector $10/hr for local registrations held every four years for a Presidential Election year

PROCEEDINGS OF THE YEAR 2012 147 VOTING SYSTEM TECHNICIANS/CUSTODIANS

$20/hr for miscellaneous preparation, testing, transportation and maintenance of Voting Systems and equipment, and other election related duties as assigned $100 yearly stipend for the Chief Technician/Custodian

ALTERNATE VOTING SYSTEM TECHNICIAN/CUSTODIAN $15/hr for miscellaneous preparation, testing, transportation and maintenance of Voting Systems and

equipment, and other election related duties as assigned Vote 8-0. RESOLUTION NO. 293 Motion by Gifford, Second by Yuhasz. RE: LOCAL LAW INTRO. NO. 8 OF THE YEAR 2012 OVERRIDING THE TAX LEVY LIMIT FOR

FISCAL YEAR 2013 WHEREAS, the State Legislature adopted Senate Bill S.5856 and Assembly Bill A.8518, legislation establishing Chapter 97 of the Laws of 2011 of the State of New York placing a tax cap limit of 2% on all local schools and municipalities, and WHEREAS, the local governing body has the ability to pass a local law overriding such legislation allowing them to adopt a budget requiring a tax levy that is greater than such tax levy limit. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 8 of the Year 2012 be, and hereby is, introduced in the form hereto annexed pursuant to Chapter 97-2011 of the Laws of the State of New York and Section 3-c of the General Municipal Law, and

BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on November 13, 2012 following the 6:30 p.m. public hearing on the 2013 Tentative Budget, to be held in Room 120 at the Human Service Complex, 323 Owego Street, Montour Falls, NY

LOCAL LAW INTRO. NO. 8 OF THE YEAR 2012 A Local Law Overriding the Tax Levy Limit for Fiscal Year 2013 BE IT ENACTED by the Legislature of the County of Schuyler as follows:

SECTION 1. Overriding the Tax Levy Limit for 2013. For fiscal year 2013, the County of Schuyler shall override the real property tax levy limit established by Chapter 97 of the Laws of 2011 of the State of New York and may adopt a budget requiring a tax levy that is greater than such tax levy limit. SECTION 2. Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State. Vote 7-1. No: Halpin. RESOLUTION NO. 294 Motion by Gifford, Second by Yuhasz. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2013

WHEREAS, a public hearing in respect to the 2013 County Budget is required pursuant to County Law Section 359, and

WHEREAS, the Management & Finance Committee turned over the Preliminary budget to the Legislature today making it now a Tentative budget, and the Legislature is now ready for the public hearing.

NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2013 County Budget will be held in Room 120 at the Human Service Complex, 323 Owego Street, Montour Falls, NY on November 13, 2012 at 6:30 p.m., to be followed by the Regular Meeting of the Legislature, and possible action to adopt the 2013 Budget, and

BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County Legislature, and

BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give appropriate public notice of said hearing, provide at least one hundred copies of the tentative budget, and otherwise comply with the requirements of County Law Section 359. Vote 8-0. RESOLUTION NO. 295A Motion by Barnes. Second by Karius. RE: MOTION TO TABLE RESOLUTION NO. 295 BI IT RESOLVED, that Resolution No. 295 be tabled for further discussion.

SCHUYLER COUNTY LEGISLATURE 148 Vote 8-0. RESOLUTION NO. 295 Motion by Barnes, Second by Karius. RE: LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2012 AMENDING LOCAL

LAW NO. 3 OF THE YEAR 1994 TITLED “WATERSHED PROTECTION LAW” TO 1) ELIMINATE ARTICLE 4 (NUISANCES); 2) UPDATE APPENDIX 75-A; 3) ADD MANDATORY REAL PROPERTY TRANSFER EVALUATIONS FOR BOTH WATER AND WASTEWATER SYSTEMS ARTICLE 4 (REAL PROPERTY TRANSFERS); AND 4) ADD REQUIRMENTS FOR LAND APPLICATION OF SEPTAGE BIOSOLIDS ARTICLE 5 - PUBLIC HEALTH DEPARTMENT - TABLED WHEREAS, Local Law Intro. No. 7/Local Law No. of the Year 2012 Amending Local Law No. 3 of

the Year 1994 titled “Watershed Protection Law” to 1) eliminate Article 4 (Nuisances), 2) Update Appendix 75-A; 3) add Mandatory Real Property Transfer Evaluations for both Water and Wastewater Systems Article 4 (Real Property Transfers); and 4) add Requirements for Land Application of Septage Biosolids Article 5 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held October 9, 2012 at 6:45 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 7/Local Law No. of the Year 2012, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 7/Local Law No. of the Year 2012, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 7/LOCAL LAW NO. OF THE YEAR 2012 A Local Law Amending Local Law No. 3 of the Year 1994 titled “Watershed Protection Law” to 1)

eliminate Article 4 (Nuisances), 2) Update Appendix 75-A; 3) add Mandatory Real Property Transfer Evaluations for both Water and Wastewater Systems Article 4 (Real Property Transfers); and 4) add Requirements for Land Application of Septage Biosolids Article 5 SECTION 1. Legislative Intent 1.2 Statement of Purpose 1. The purpose of the Watershed Protection Law shall be to protect public health, protect ground and surface water resources, and to minimize threats to the drinking water supplies of Schuyler County. 1.9 Definitions 10. “Design Flow” shall mean the anticipated wastewater generated from a structure based upon Appendix 75-A, NYS DEC guidelines “Standards for Waste Treatment Works” or current reference, or by calculated use data. 13. “Enhanced Treatment Units” shall mean pre-manufactured units that provide treatment of wastewater with a greater reduction of biochemical oxygen demand and total suspended solids than a traditional septic tank, prior to soil dispersal. Such units must also conform to NYS DOH requirements.

14. “Facility” shall mean one or several structures under common ownership and contiguous parcel boundaries, utilized for common or related function. 34. “Recreational Vehicle” shall mean a motorized or non-motorized, wheeled vehicle or trailer used for camping or other recreational activity and containing any water or wastewater fixtures. 37. “Septage Biosolids” shall mean the digested contents of a septic tank which may be used for beneficial use.

42. “Wastewater” shall mean water borne waste discharged from a toilet, sink, lavatory, dish and laundry washing machine, the water carried waste from any other fixture or equipment or machine, from residential and commercial structures, with or without the admixture of industrial wastes; excludes municipal wastewater treatment facilities and sewers, surface and subsurface stormwater, and wastewater produced as a result of generally accepted agricultural activities.

PROCEEDINGS OF THE YEAR 2012 149 43. “Wastewater treatment system” shall mean the complete system of piping, tanks, devices and other

elements used in the handling, conveyance, storage, distribution, treatment, disposal and/or dispersal of wastewater. 2.1.1 Exposure, Discharge and Disposal of Wastewater 1. No person shall discharge, permit, or cause to be discharged untreated wastewater onto the surface of the ground or into any street, road, alley, open excavation, storm water drain, drainage ditch, adjacent property, watercourse, lake or groundwater. 2. All wastewater within Schuyler County shall be adequately handled and/or treated by a system of chemical, biological and physical processes to generally satisfy all applicable state and federal standards prior to disposal and/or dispersal. 3. Any structure(s) or facility(s) producing wastewater with a design flow less than 1000 gallons per day shall require a wastewater treatment system(s). 4. Any structure(s) or facility(s) producing wastewater with a design flow greater than 1000 gallons per day shall submit all application, design and applicable compliance documentation to the Watershed Protection Agency when such documentation is necessary for system use or modification by the NYS DEC and/or NYS DOH. All applicable design references shall be submitted to the Watershed Protection Agency as early in the design process as possible, but no later than 30 days prior to anticipated discharge. All system modification compliance documentation shall be submitted to the Watershed Protection Agency at the time of submission to the applicable State office. A construction permit from the Watershed Protection Agency may not be required or these systems. 9. An additional area of one hundred (100) percent shall be set aside for future expansion or replacement for all new construction. 2.1.2 Construction Permit and Inspection Requirements 1. No person shall undertake to construct, repair, replace or modify a wastewater treatment system without first having obtained a “Wastewater Treatment System Construction Permit” upon forms provided by the Watershed Protection Agency; excluding the repair or replacement of septic tank baffles, effluent filter, distribution device or component piece within an enhanced treatment unit. Under no circumstances shall this construction permit preclude the need to obtain additional regulatory permits, or supplant the applicability of additional local, state and federal regulatory requirements. 2.1.3 Certificate to Operate 1. For all properties issued a Construction Permit, following construction inspection and prior to system use, a “Certificate to Operate” shall be provided by the Watershed Protection Agency. 2. It is the owner’s/operator’s responsibility to maintain the wastewater treatment system in accordance with the approved permit and within the conditions of the “Certificate to Operate.” 3. The “Certificate to Operate” shall not be construed as a guarantee or assurance by the Schuyler County Watershed Protection Agency that the system will function satisfactorily for any given period of time.

4. The “Certificate to Operate” may be revoked by the Watershed Protection Agency on the basis of wastewater being discharged onto the surface of the ground or into surface waters thereby creating a public health hazard or nuisance. 5. A “Certificate to Operate” may not be required for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency. 2.1.4 Certificate of Compliance – Change of Use or Structure 1. No structure shall be converted, replaced, or altered, or enlarged so as to potentially increase the design flow beyond the existing Certificate to Operate without first having obtained a Certificate of Compliance. Such actions include, but are not limited to; adding a bedroom(s), installing high yield water fixtures, complete home replacement, complete home renovation, or altering a seasonal structure to accommodate year round use. 2. In the event no Certificate to Operate has been issued for the structure, the owner/applicant shall allow an evaluation of the existing wastewater treatment system and or shall allow a soil evaluation to be made by the regulatory officer.

SCHUYLER COUNTY LEGISLATURE 150 3. A Certificate of Compliance shall not be issued until the regulatory officer has evidence indicating that the wastewater treatment system meets all applicable minimum standards. The regulatory officer may require evidence be provided by a design professional. 4. All projects proposed requiring a Certificate of Compliance, which increase the potential wastewater flows, shall meet design standards for new construction systems. The regulatory officer may require an upgrade of the system prepared and submitted by design professional to obtain a waiver. 2.4 Enhanced Treatment Units (ETU) 1. ETU’s shall have a label indicating compliance with the standards for a Class 1 unit as described in the National Sanitation Foundation (NSF) International Standard 40 or equivalent testing. 2. Use of ETU’s shall utilize the design criteria in Appendix 75-A for new and replacement systems. 3. A visual and audio warning device shall be installed in a conspicuous location so that activation of such warning device will alert property occupants of ETU malfunction or failure. All warning devices shall be wired separately from the ETU so that disconnecting the ETU from electricity will activate the warning device. 4. All ETU’s shall have a continuous maintenance and service contract agreement with an authorized contractor. Each ETU shall be serviced and maintained by the authorized service contractor pursuant to the ETU’s manufacturer’s recommendations. 5. It is the owner’s responsibility to supply a copy of the service contract to the Watershed Protection Agency to verify that a continuous contract exists for the ETU. Upon expiration or termination of a contract the owner shall provide a copy of the new service contract. 6. It is the service provider’s responsibility to supply a copy of all service and maintenance reports to the Watershed Protection Agency within 6 months of the date of service. 7. Failure to have and maintain a maintenance and service contract can cause performance and system failure, leading to unnecessary repair and replacement costs and/or public health and water quality impairments. Therefore failure to maintain and provide ETU records shall be a violation of the Watershed Protection Law and shall be punishable as indicated in Article I, Section 1.5. 2.10 Recreational Vehicles 1. No person shall connect or discharge the wastewater from more than one recreational vehicle into a wastewater treatment system for more than three consecutive days without prior approval from the Watershed Protection Agency. Excluded from these requirements are NYS DOH regulated campgrounds. 2. Each recreational vehicle beyond one connected to a wastewater treatment system shall conform to the requirements listed in Section 2.1.4. The design flow for each recreational vehicle shall be a minimum of 55 gallons per day.

3. The use of a wastewater treatment system as a dumping station for recreation vehicles or similar temporary toilet facilities is specifically prohibited. Article 4 – Real Property Transfers and System Evaluations 4.1 General Provisions 1. Any person or entity transferring to any other person or entity the title to real property without first conducting an evaluation of the water and wastewater treatment system(s) and receiving a certificate of compliance issued by the Watershed Protection Agency shall be in violation of this local law. When required for any real estate transaction or refinancing, only a regulatory officer of the Schuyler County Watershed Protection Agency is authorized to evaluate and/or certify the operation of a wastewater treatment system. 2. Prior to transfer, the water supply shall comply with bacteriological drinking water standards for potability and the wastewater treatment system shall meet basic sanitary conditions and operation standards established by the Watershed Protection Agency. 3. Corrective actions for any deficiencies found during the evaluation of the water and wastewater system shall be the responsibility of the owner of record, unless otherwise contractually agreed. 4.2 Certificate of Compliance 1. To obtain a certificate of compliance, all septic or holding tanks must be pumped by a DEC licensed waste hauler at least ten (10) days prior to the date of closing and inspected by the regulatory officer. The property owner or DEC-licensed waste hauler must give the regulatory officer at least 24 hours notice to

PROCEEDINGS OF THE YEAR 2012 151 arrange for inspection of the tank at time of pumping. Septic tank pumpout and inspection is valid for one (1) year. 2. Additional inspection and evaluation requirements, such as system dye test or visual inspection of absorption system components may be necessary. All real property transfer evaluations shall be conducted in accordance with the ‘Watershed Protection Agency Policy and Procedures’ as approved by the Board of Health. 3. Additional tank volume may be required to be installed by the regulatory officer. Total storage volume of a septic tank shall be within 250 gallons of the minimum volume requirements of the applicable use and design standard. Minimal tank volume is currently 750 gallons and or which is subject to change within Policy and Procedures document. 4. If the wastewater treatment system is determined to be operating unsatisfactorily or inadequately, a written Notice of Violation may be served and a Compliance Agreement specifying corrective action must be obtained prior to property transfer or refinancing closing. 5. For enhanced treatment units, the new owner must send a signed copy of a service contract to the regulatory officer within 30 days after property transfer. 6. A certificate of compliance shall be considered valid for a period of six months from the date of issuance. No guarantee of continued wastewater system performance or water potability is made or implied through the issuance of a certificate of compliance. 4.3 Conditional Certificate of Compliance 1. Certain conditions, such as building vacancy, deep snow or excessive vegetative growth, may require a provisional evaluation. In these situations the regulatory officer shall issue a conditional certificate of compliance which shall include all system information available at the time of the request. Prior to property transfer, involved parties should specify and agree in writing, or through an escrow account, on all financial responsibilities related to any potential corrective action. A complete inspection shall be made when conditions allow or as specified in the conditional certificate. Corrective action of any deficiencies or violations found and all service fees shall be the responsibility of the owner of record at the time of the evaluation, unless otherwise contractually agreed. 4.4 Water Supplies 1. Any person offering property for sale or transfer shall provide a water supply which conforms to bacteriological standards for potable water and should implement any recommendations prescribed by the regulatory officer to bring the water system into compliance with the standards contained in 10NYCRR, Appendix 5-B. 4.5 Exceptions to these Requirements 1. The following properties involved in a real property transfer shall not be required to be evaluated pursuant to this section:

a. Transfers of undeveloped properties with no water supplies or wastewater discharges; b. Transfers of real property connected to an approved public water supply or a municipal or other special sewer system; however if the transferred property is served by either a public water or sewer system, but not both, than an evaluation and certification shall be required for the private system unless exempted hereunder. c. Transfers in a foreclosure action and deeds given in lieu of foreclosure; d. Transfers in connection with a partition action under Article 9 of the Real Property Actions and Proceedings Law; e. Transfers pursuant to Article 11 of the United States Code; f. Transfers of property acquired by a governmental assessing unit as the result of tax enforcement proceedings; g. Transfers of property to any owner’s spouse, father, mother, daughter, son, grandfather, grandmother, grandson, granddaughter, sister or brother.

Article 5 – Land Application of Septage Biosolids 5.1 General Provisions

SCHUYLER COUNTY LEGISLATURE 152 1. Land application of septage biosolids is regulated by the NYS DEC under Environmental Conservation Law, 6 NYCRR Part 360, and all management practices shall be maintained in compliance with said regulations. 2. Any facility(s) engaged in land application of septage biosolids within Schuyler County shall register such properties with the Watershed Protection Agency on forms provided by the regulatory officer. 3.A registered facility shall provide to the Watershed Protection Agency a “Facility Management Plan” describing the proposed land management practices at regular intervals, preferably on a three year basis. The management plan shall provide anticipated application rates, annual cropping plans, soil test results, crop nutrient requirements, techniques used for pathogen reduction, equipment and methods used for soil incorporation, number and storage capacity of vehicles used and shall include a detailed site plan, defining the entire application area, soils, drainage, topography, water supplies within 1000 feet of the application area and other features deemed necessary by the regulatory officer. The regulatory officer may require such plans to be developed by a certified nutrient management planner, a professional engineer or other professionally qualified individual. 4. An annual report shall be provided to the Watershed Protection Agency no later than 60 days after the first day of January following each year of operation. 5. The registered facility shall allow for inspection all land included in the Facility Management Plan annually and upon request by the regulatory officer. At the time of inspection, a review of the records will be made and compared with the management plan. Any deviation from the submitted plan resulting in an increased risk to public health shall be considered a violation and punishable as indicated in Article 1, Section 1.5. SECTION 2. Effective Date

A. This local law shall take effect upon filing with the Office of the Secretary of State. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES:

Legislator Barnes reported as Chairman of the Public Safety/Criminal Justice Committee, that they will continue to gather data on the bath salts situation that we have a problem with in our County. He participates in meetings with our Probation Department and Sheriff’s Department. They are dealing with some serious issues. COUNTY ADMINISTRATOR’S REPORT:

Administrator O’Hearn reported that Consolidated Fiscal Application (CFA) process is moving along for the Regional Council. He expects an announcement after Dec 1st. He reminded them that there is an Agricultural Awareness tour on October 19th. He also reported that the Southern Tier Network is progressing along. You can access a map at a new web site www.southerntiernetwork.org Our Transportation numbers are up over 100 % from a year ago August. The program continues to grow and seems to be gaining each month. PUBLIC PARTICIPATION:

Chairman Fagan wanted to provide his input in the reasoning behind the college charge backs to the Towns. He stated that they approached the Towns last week, and the County has a legal right to do this. He realizes that the town will have to take from the right pocket to pay the left on this issue, however if we all unite and make a louder voice to our leaders in Albany, maybe then we will be heard. Our Governor continues to take credit for this tax cap, but is not providing the Counties with any relief. The Counties and schools are the ones paying. By forcing the tax cap on us, this will leave us with no choice but to remove beneficial programs, such as the Veterans Office, Sheriff Road Patrol, Highway, Youth Bureau and the Office for the Aging. Our pension costs over the last three years have increased over 52%, and our child protective services has increased tremendously. Mr. David Reed asked if legislators have talked to Senator O’Mara about this. Chairman Fagan said yes, Senator O’Mara told him that it will not get through the State Assembly. Legislator Barnes asked him if he knew what the tax cap was suppose to do. Mr. Reed said yes, the county will be in control and the towns will not have a say in anything. Legislator Barnes said it will force us and the towns to sharpen our pencils. I am aware of one town that has bought three new dump trucks in the last ten years. The County has not bought one. Mr. Reed commented that some of the shared services in the County make sense, but some do not. Legislator Barnes stated that everyone has needs, but nobody wants to give up the power. Mr. Jim Halpin

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PROCEEDINGS OF THE YEAR 2012 153 commented that the Legislature controls the number of employees. Mr. Paul Marcellus asked if the Legislature has thought about defying the State. Just not doing things or running programs. Chairman Fagan said he would ultimately be the one to go to jail.

Mr. Mark Rondinaro requested that the budget be put on our web page. Administrator O’Hearn told him that it would be. Mr. Rondinaro then asked if the Legislature would consider putting a survey out on the web asking for public input on the budget. Legislator Gifford stated that they are a representative form of Government. We are here to represent the public, and if you do not like us, then elect someone else. Chairman Fagan stated that the budget will be up on the website after tomorrow’s Budget Workshop Meeting.

Mr. Jim Halpin questioned the Legislature’s strategy with the community college charge backs and refusing to cut out non mandated costs.

Mr. Jim Seafuse shared his disappointment with the Legislature regarding the tax cap override legislation. He wanted to know if there was a salary schedule available on the web site or if he could obtain one. Administrator O’Hearn said it could be made available to him.

Ms. Vicky Schamel said she emphasized the need for County wide code enforcement as a good start for Shared Services. Legislator Barnes stated that this has been discussed in the past. However there are Towns that do not want to relinquish control. The Town of Cayuta was one of them.

Scott Yaw, from the Town of Dix, said this is the third County meeting he has attended. He sits on the Town of Dix Board and he knows that there are a lot of things that get rubber stamped there. He does not want to see tax increases either, but he would love to see this many people turn out to one of his town board meetings as people need to go to their local Governments and speak out. The Meeting Adjourned at 8:09 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

SPECIAL MEETING OCTOBER 18, 2012

The October 18, 2012 Special Meeting of the Schuyler County Legislature was called to order at 9:15

a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present. County Administrator Tim O’Hearn, and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION:

Mr. John VanSoest, Town of Catharine Supervisor, said he wished to discuss what was brought up at the first Management & Finance budget workshop held on October 10, 2012 regarding community college charge backs to the towns and changing the sales tax formula to the towns and villages. He explained what had been discussed since then via emails and phone calls with the Chairman and the County Administrator. He understands that the Legislature is looking at finding approximately $400,000 from the municipalities either way. He feels there is big difference between the sales tax figures and the community college charge backs. He reported that all of the town supervisors held a meeting last night with all of them present except the Town of Tyrone to discuss this. They discussed the fact that the Legislature cannot change the sales tax for 2013, would you do it for 2014 instead, rather than do charge backs. Over the long run a sales tax change would be the fairest for 2014, and there was a consensus to use something similar for 2013. He did some quick number crunching for town assessments versus the method of per student. He gave the figures based on the charge back method with an assessment of per 1,000 for each town. With the charge back method you could ultimately hit one town seven times more than another with this transfer. They had questions regarding how they could legally voluntarily give back sales tax in 2013 to the County. Administrator O’Hearn said, with respect to apportionment by student population based on affidavits on file in the Treasurer’s office, it would have to be confirmed with each college. Just because an affidavit is filed does not mean they are enrolled. Resolutions would have to be done at the town level to apportionment and designate X amount of dollars that would be allocated towards the county tax levy based on an estimation of sales tax distribution. The quarterly sales tax figures report for the month of September are down. It maybe be more realistic for the Legislature to base it on

SCHUYLER COUNTY LEGISLATURE 154 a ten million dollar figure, rather than 10.2 for 2013. The variance is fairly close. Mr. VanSoest reported that the group of supervisor’s other request was to know what the Legislature decides to do as soon as possible. Most towns would have to exceed their tax cap if this charge back occurs, but not necessarily for all. Administrator O’Hearn stated that in regards to the villages, if the County went with the sales tax method the villages would be impacted as well and they would need to agree to it. Mr. VanSoest asked if there was any way to achieve the sales tax method at the end of the year 2013. Administrator O’Hearn said if they chose to, the village budgets could be impacted by mid 2013. The County has to give six months notice prior to the start of the next fiscal year, so they could impact the villages, but not the towns because we are past the six months right now. Mr. Alan Hurley said he has reviewed the Performance Based Budget (PBB) that the Administrator supplied him and he wished to say he appreciates being able to speak and ask questions at these meetings. He asked why there was a 136.6% increase in the Civil Service Office. Administrator O’Hearn explained that the merge of the Human Resources Department and the Civil Service Department increased the personnel line item in Civil Service, and reduced the personnel figures for the Human Resources Department. Mr. Hurley also asked about the 36% increase in the County Clerk’s office budget. Administrator O’Hearn said he would have to review that and get back to him. Mr. Hurley also wished to know if the PBB listed mandated versus non-mandated programs. He knows that Tompkins County has a list. Administrator O’Hearn explained that some are not mandated, but have reimbursement tied to them, so it would be very confusing to do so. He then asked that they do not hand down the charge backs to the towns, look at eliminating non-mandated programs instead. RESOLUTION NO. 296 Motion by Larison, Second by Yuhasz. RE: RATIFICATION OF SPECIAL MEETING


1. AUTHORIZE CONTRACTS WITH THE LAW OFFICES OF NANCY ROSE STORMER, P.C. AND WHITEMAN, OSTERMAN & HANNA LLP, FOR THE PURPOSE OF INITIATING A LAW SUIT AGAINST THE STATE OF NEW YORK BY SCHUYLER COUNTY FOR PURPOSE OF RECOVERING MEDICAID OVERBURDEN REIMBURSEMENT PAYMENTS OWED TO SCHUYLER COUNTY – COUNTY ATTORNEY’S OFFICE

Vote 8-0. RESOLUTION NO. 297 Motion by Barnes, Second by Halpin. RE: AUTHORIZE CONTRACTS WITH THE LAW OFFICES OF NANCY ROSE STORMER, P.C. AND

WHITEMAN, OSTERMAN & HANNA LLP, FOR THE PURPOSE OF INITIATING A LAW SUIT AGAINST THE STATE OF NEW YORK BY SCHUYLER COUNTY FOR PURPOSE OF RECOVERING MEDICAID OVERBURDEN REIMBURSEMENT PAYMENTS OWED TO SCHUYLER COUNTY – COUNTY ATTORNEY’S OFFICE

WHEREAS, Schuyler County has a need to recover Medical Assistance (Medicaid) reimbursement or repayment or credits from certain New York State agencies which would result in New York State paying the County on statutory obligations known as overburden, which required New York State to be completely responsible for health care bills or to otherwise reduce the County’s cost in meeting its obligation to provide for the indigent, and WHEREAS, the State of New York has attempted and continues to attempt to evade payment of such reimbursement or repayment obligations for years through non-cooperation or claim denial and subsequent extensive litigation relying upon a series of defenses all of which have been rejected by every court which has considered them, and WHEREAS, the Law Offices of Nancy Rose Stormer, P.C., and Whiteman, Osterman & Hanna LLP, have a specialized experience, knowledge and expertise in the relevant area of law to assist Schuyler County to recover reimbursement, repayments or credits from the State of New York and have demonstrated a record of successful litigation in obtaining payment of such reimbursement or repayment obligations for New York State Counties against the State of New York, and WHEREAS, the County will agree to pay the law firms for their serves at a rate of 36% of all recoveries,

PROCEEDINGS OF THE YEAR 2012 155 reimbursements, offsets, etc. of the overburden recovery by the County. The County will also be responsible for paying court filing fees. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute contracts with the Law Offices of Nancy Rose Stormer, P.C., and Whiteman, Osterman & Hanna LLP, to be known for the purpose of the contract as the “Law Firms” for legal services to file a law suit against the State of New York for a term starting upon the execution of the contract and automatically renewed for subsequent one (1) year terms unless terminated by sixty day written notice; subject to approval of the Schuyler County Attorney. Vote 8-0. PUBLIC PARTICIPATION: None The Meeting adjourned at 9:48 A.M.

Stacy B.Husted, Clerk

SPECIAL MEETING NOVEMBER 7, 2012

The November 7, 2012 Special Meeting of the Schuyler County Legislature was called to order at 11:30

a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Field who was excused. County Administrator Tim O’Hearn, and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION:

Mr. Mark Rondinaro said he would like to speak out about the alterations on the agenda this morning. He has some concerns regarding the bonding of Highway materials, projects and equipment, which includes $10,000 from Asphalt. Administrator O’Hearn explained that it was for the County Route 23 and 16 projects. Mr. Rondinaro explained his cycle at the winery and the ongoing costs. He told a story about borrowing barrels for the winery and how they did not end up doing it, but it would have been a good idea to. However, he strongly encouraged the Legislature not to borrow for ongoing costs. He felt going back to the departments for more cuts is a good idea and that there should be a dialogue between them and the Legislature. There should be no reason why the Legislature cannot ask for another 5% more in cuts. Ask them to let you know what would have to be cut and what impacts it would have. Mr. Alan Hurley concerned with Mr. Rondinaro about how things are going with the budget. He felt the Legislature should have direct authority to bring in department heads to ask for more cuts. The Administrator is a tool for the board to use in the budgeting process. He is starting to see a reluctance to ask for more from departments. He’d like to see other funding cut, like the Chamber of Commerce, to reduce the tax levy. He did commend them for keeping the tax rate the same. RESOLUTION NO. 298 Motion by Larison, Second by Gifford. RE: RATIFICATION OF SPECIAL MEETING


2. ALTERATIONS OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 3. A RESOLUTION AMENDING RESOLUTION NO. 140 OF 1967, ENTITLED “SCHUYLER

COUNTY SALES TAX,” REGARDING SALES AND COMPENSATING USE TAX NET COLLECTIONS RETAINED FOR COUNTY PURPOSES AND ALLOCATED TO TOWNS

4. AUTHORIZE ON-GOING UNDERGROUND WIRE LICENSE AGREEMENT WITH FINGER LAKES RAILWAY CORPORATION FOR SENECA HARBOR PARK – BUILDING AND GROUNDS

Vote 7-0. RESOLUTION NO. 299 Motion by Gifford, Second by Larison. RE: ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –

PLANNING

SCHUYLER COUNTY LEGISLATURE 156 BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION +$45,000 8020.100 Personnel -$ 96,600 8020.435 Professional Fees & Svcs. +$ 5,000 8020.431 Office Supplies +$ 4,000 8020.359 Contractual Exp. Comprehensive Plan

DISCUSSION: Legislator Halpin asked how the Administrator came up with a salary of $45,000 for the Planning Director without a factor rating being done on the position. Administrator O’Hearn said it is what they project the Planner will be making. If they do a factor rating, it will be low. The Clerk advised the board that the Legislature will have to create the title, do a factor rating for the Management/Confidential Salary Plan at committee this month. Vote 6-1. Noes; Karius. RESOLUTION NO. 300 Motion by Gifford, Second by Larison. RE: ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –

HOSPITAL & MEDICAL INSURANCE BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION +$20,000 9060.807 Hospital & Medical Insurance

Vote 6-1. Noes; Karius. RESOLUTION NO. 301 Motion by Gifford, Second by Larison. RE: ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –

COOPERATIVE EXTENSION BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION +$ 35,654 8750.566 Cornell Cooperative Extension


HIGHWAY BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION +$ 700,000 5120.584 County Road Bridge Repairs +$1,545,000 004.0004.5710.1500 Capital Projects - County Road Revenue +$ 155,000 004.0004.5710.1501 Capital Projects - Machinery Revenue


COMMUNITY ACTION PROGRAM BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION -$ 7,000 6310.401 Contractual Expense – CASA


ECONOMIC DEVELOPMENT BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION -$ 5,000 6989.555 So. Tier Planning – REDEC

Vote 6-1. Noes; Karius. RESOLUTION NO. 305 Motion by Gifford, Second by Larison.

PROCEEDINGS OF THE YEAR 2012 157 RE: A RESOLUTION AMENDING RESOLUTION NO. 140 OF 1967, ENTITLED “SCHUYLER

COUNTY SALES TAX,” REGARDING SALES AND COMPENSATING USE TAX NET COLLECTIONS RETAINED FOR COUNTY PURPOSES AND ALLOCATED TO TOWNS

BE IT RESOLVED, by the Schuyler County Legislature, as follows: Section 1. Subdivision (a) and the opening paragraph of subdivision (b) of Section 14, entitled “Disposition of Revenues,” of Resolution No. 140 of 1967, entitled “Schuyler County Sales Tax,” as amended, are amended to read as follows:

(a) Seventy three and one third percent (73.33%) of such moneys is hereby set aside for County purposes and shall be available for any County purpose.

(b) Twenty six and two thirds percent (26.67%) of such moneys shall be allocated quarterly to the Towns in the County of Schuyler, and the portion allocated to a town shall be apportioned between the town and any village in the town, as follows:

Section 2. This Resolution shall take effect January 1, 2013, but only if the governing body of every town and village in the county, prior to December 20, 2012 (hereinafter, the “deadline”), waives the requirement of section 1262(e) of the New York Tax Law that the county adopt this resolution and give the town or village written notice of such adoption not less than six months prior to the commencement of the town’s or village’s respective fiscal year. However, if the governing body of every town in the county waives such section 1262(e) requirements and gives notice to the county of its waiver prior to the deadline, but the governing body of one or more villages does not waive those requirements or give notice to the county of its waiver prior to the deadline, then this resolution shall take effect June 1, 2013. Notwithstanding the foregoing, if the governing body of any town does not waive those requirements or give notice to the county of its waiver prior to the deadline, then this resolution shall take effect January 1, 2014. In addition to the county giving written notice to the towns and villages of its adoption of this resolution as required by such section 1262(e), the county shall timely advise the governing bodies of every town and village in the county when this resolution shall take effect, based on whether and when the governing bodies of the towns and villages have waived the section 1262(e) requirements and given notice to the county of their waivers prior to the deadline. DISCUSSION: Administrator O’Hearn explained the formula and how it is based on only sharing the first 3%. This is actually an 80/20 split on a 4% distribution. By law we are on record for doing this. Also, note that the implementation is subject to variables by action of the town board. If all towns and villages waive it, it takes effect January 1, 2013. If only some do, it takes effect June 1, 2013 for only the villages. If one of the towns does not, it takes effect January 1, 2014. Some towns have done Resolutions and have to do it again now that we’ve voted on ours. Vote 7-0. RESOLUTION NO. 306 Motion by Larison, Second by Gifford. RE: AUTHORIZE ON-GOING UNDERGROUND WIRE LICENSE AGREEMENT WITH FINGER

LAKES RAILWAY CORPORATION FOR SENECA HARBOR PARK – BUILDING AND GROUNDS

WHEREAS, Resolution No. 82-11 authorized a contract extension with the New York State Parks, Recreation and Historical Preservation to approve the use of the grant funds to be used at the Seneca Harbor Park for West End Lighting and Interpretive Signage, and WHEREAS, there is a need to run underground wire under the Finger Lakes Railway under the “Watkins Glen-Penn Yan Line” into the Seneca Harbor Park, and WHEREAS, the Finger Lakes Railway has agreed to provided Schuyler County with a license to construct, install and maintain three (3) electrical cables at said location at a cost of Two Hundred Dollars ($200) for the initial term ending December 31, 2013, and payable yearly in advance thereafter with an increased amount equal to the percent of increase of the Rent Component of the Consumer Price Index.

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the building Maintenance Supervisors recommendation, and authorizes the Chairman of the Legislature to enter into an on-going underground wire license agreement with Finger Lakes Railway Corporation, P.O. Box 1099, 68 Border City Road, Geneva, New York 14456, at a cost of $200 for the initial term ending December 31,

SCHUYLER COUNTY LEGISLATURE 158 2013, with annual increases thereafter, with funding available in Buildings and Grounds Seneca Harbor Parks Account no. 001.7110.442; subject to approval of the Schuyler County Attorney. DISCUSSION: Administrator O’Hearn reported that this is all that remains to finish up the Seneca Harbor Park project. His plan is to pass this fee on to future tenants of the Seneca Harbor Park. Vote 7-0. PUBLIC PARTICIPATION: None.

The Meeting adjourned 11:46 A.M. Stacy B. Husted, Clerk

REGULAR MEETING NOVEMBER 13, 2012

The November 13, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30

p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Administrator Tim O’Hearn, and County Attorney Geoffrey Rossi were also present. 6:30 P.M. PUBLIC HEARING ON THE 2013 TENTATIVE BUDGET:

The Public Hearing for the 2013 Tentative Budget was opened at 6:30 p.m.by Chairman Fagan. He then requested that Administrator O’Hearn take the floor to give his 2013 Tentative Budget presentation. The presentation is on file in the Legislature Office. At the conclusion of the Budget presentation, Chairman Fagan then opened the floor for public comments.

Mr. Alan Hurley from the Town of Tyrone asked about the Shared Fuel Facility increase in the fuel expenses and why he had not received a list of the mandated versus non mandated programs he had emailed about. He also felt the public was not informed well enough about the Redistricting proposition on the ballot. He stated that most people didn’t even know it was on the back of the ballot.

Mr. David Crea from the Town of Reading requested that the Legislature help pressure the New York State Department of Environmental Conservation (DEC) to approve a thirty million dollar LPG Spending plan.

Mrs. Angeline Franzese from the Town of Dix requested that the Legislature not adopt the current Tentative Budget and that they go back, review it more, and make additional cuts. She requested that the Local Law for the Tax Cap override not be adopted tonight. She respects the work that had been done on the budget, but requested that the Legislature make tougher choices like layoffs and cut programs if need be. She said they cannot pass the costs to the towns as the towns are struggling now as it is.

Ms. Susan Brill from the Town of Dix thanked the Legislature and commended them for the Tax Override Resolution.

The public hearing closed at 7:23 p.m. 7:24 P.M. PUBLIC HEARING ON LOCAL LAW INTRO NO. 8 OF THE YEAR 2012 OVERRIDING THE TAX LEVY LIMIT FOR FISCAL YEAR 2013: Mr. Stewart McDivitt stated that he was opposed to this Local Law. He had a down turn in his business so he asked a Secretary to work less hours and she did. He stated that we all have to work within our means. Chemung County has not raised their taxes and we should cut costs like everyone else. Mr. Jim Halpin from the Town of Catharine stated that if we pass this local law it is a slap in the face to all of the taxpayers. He asked for any Legislator to raise their hand if they thought our taxes where not high enough. Once you pass this local law, it gives you the opportunity to just continue to raise taxes and not be faced with making tough choices of cutting services. Non-mandated programs should be cut. If you have to lay off people, you lay them off. You should not be passing this local law. PUBLIC PARTICIPATION: None RESOLUTION NO. 307 Motion by Larison, Second by Gifford. RE: APPROVE MINUTES OF THE OCTOBER 9, 2012 REGULAR MEETING AND THE OCTOBER 18,

2012 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the October 9, 2012 Regular Meeting and the October 18, 2012

Special Meeting of the Schuyler County Legislature be approved.

PROCEEDINGS OF THE YEAR 2012 159 Vote 7-0. RESOLUTION NO. 308 Motion by Barnes, Second by Halpin. RE: AUTHORIZE A 2013 CONTRACT WITH THE HUMANE SOCIETY OF SCHUYLER COUNTY

(HSSC) FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S OFFICE WHEREAS, the Humane Society of Schuyler County (HSSC), has expressed a desire to continue the

daily operation of the Schuyler County Dog Shelter, and enter into a new contract with Schuyler County, to operate the dog shelter, with all expenses to be incurred by the HSSC.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is authorized to sign a contract with the Humane Society of Schuyler County for operation of the Schuyler County Dog Shelter, for a term of January 1, 2013 through December 31, 2013, or until such time other arrangements have been made to move the dog shelter, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 309 Motion by Barnes, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR ASSIGNED COUNSEL AND

PROFESSIONAL FEES/SERVICES - PUBLIC DEFENDER WHEREAS, there is an increase in costs associated with assigned criminal trials, transcript fees, and family court obligations, and

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $26,000 from the Contingency account no. 1990.500 into the Public Defender’s Assigned Counsel Accounts & Professional Fees/Services accounts as follows:

WHEREAS, the Public Defender’s office will have depleted funding for assigned counsel and Professional Fees/Services.

ACCOUNT NO. AMOUNT DESCRIPTION 1170.563 +$ 5,500 Assigned Counsel Expenses/Family Court 1170.605 +$16,000 Assigned Counsel Expenses /Criminal Court 1170.435 +$ 4,500 Professional Fees/Services

Vote 7-0. RESOLUTION NO. 310 Motion by Barnes, Second by Halpin. RE: AUTHORIZE CONTRACT WITH LISA BAKER OF TIOGA COUNTY PROBATION FOR

ASSISTANCE WITH IMPLEMENTING THE FINANCIAL COLLECTION AND DISPERSMENT ASPECTS OF SCHUYLER COUNTY PROBATIONS CASELOAD EXPLORER PROGRAM - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department will need assistance implementing the financial

collections and dispersing of funds through the electronic case management system Caseload Explorer, and WHEREAS, Lisa Baker of Tioga County has agreed to enter into a contract with Schuyler County

Probation at a cost of $550 a day plus additional costs of mileage at .505 cents a mile to come to the Probation Office and perform this training, and

WHEREAS, the contract shall be on an as needed basis as determined by Schuyler County Probation and in coordination with Lisa Baker, and

WHEREAS, the amount of the contract shall not exceed $599 and shall be valid through the period of November 1, 2012 through November 1, 2013, funding available through the Schuyler County Probation Department budget account no. 3140.0409. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Lisa Baker to assist the Schuyler County Probation Department in training for recording collections and dispersing of funds through the Caseload Explorer Program for term set forth above, subject to approval of the Schuyler County Attorney. Vote 7-0.

RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR WITNESS FEES/TRIAL EXPENSES AND COURT REPORTERS – DISTRICT ATTORNEY

RESOLUTION NO. 311 Motion by Larison, Second by Barnes.

WHEREAS, the 2012 District Attorney Witness Fees/Trial Expense Account and Court Reporters

SCHUYLER COUNTY LEGISLATURE 160 Account are underfunded for the year 2012 due to unforeseen circumstances, and WHEREAS, there are not sufficient funds in remaining line items of the 2012 District Attorney budget to cover said shortfall.

NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Treasurer is hereby authorized to transfer $5,000.00 from Contingency account no. 1990.500 to the District Attorney Budget for 2012 to be apportioned as follows: ACCOUNT NO. AMOUNT DESCRIPTION 1165.443 +$1,000 Witness Fees/Trial Expenses 1165.416 +$4,000 Court Reporters DISCUSSION: Legislator Halpin explained her reasoning why she will vote no on this Resolution. She thinks that all departments should work within their own budget lines prior to asking for Contingency funds. Vote 5-2. Noes; Halpin, Karius. RESOLUTION NO. 312 Motion by Larison, Second by Barnes. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR

THE NY CONNECTS PROGRAM YEAR SEVEN – OFFICE FOR THE AGING WHEREAS, Schuyler County has a NY Connects program as a component of Office for the Aging, and WHEREAS, NY Connects is an Aging and Disability Resource Center (ADRC) for individuals with

long term care or chronic healthcare issues from birth to death, and WHEREAS, NY Connects is an evolving program with services including but not limited to information

and assistance, screening, benefits counseling, application assistance, counseling on Managed Long Term Care, care transitions, evidence based programs and follow-up and tracking, and

WHEREAS, NY Connects is designed to be a collaborative effort between the human services agencies including a Long Term Care Council comprised of representatives of the various agencies, and

WHEREAS, the State of New York acting through the New York State Office for the Aging implements the program with the Schuyler County Office for the Aging. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with the New York State Office for the Aging for the continuation of the NY Connects program from October 1, 2012 through September 30, 2013, for the allocated amount of $42,591, said agreement subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 313 Motion by Larison, Second by Barnes. RE: APPROVAL OF THE 2013-2014 ANNUAL IMPLEMENTATION PLAN- OFFICE FOR THE AGING WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan with a four year plan every four years, which includes plans for programs operated by the Office for the Aging, as follows:

Title IIIB of the Older American’s Act Titles IIIC1 and IIIC2 of the Older American’s Act Title IIID of the Older American’s Act Title IIIE of the Older American’s Act Expanded In-Home Services for the Elderly Program (EISEP) Community Services for the Elderly Program (CSE) Congregate Services Initiative Program (CSI) Supplemental Nutrition Assistance Program (SNAP) Health Insurance Information, Counseling and Assistance Program (HIICAP) Transportation New York Connects, and

WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan no later than December 1, 2012, and WHEREAS, the Public Hearing on the Annual Implementation Plan was held, as required, on October 12, 2012 at 10:00 AM in the Silver Spoon Café at the Human Services Complex, and

PROCEEDINGS OF THE YEAR 2012 161 WHEREAS, no Federal and/or New York State funding will be available until the Plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the Plan/funding application necessary to carry out the services provided by the Schuyler County Office for the Aging for the 2013-2014 plan year, said Plan/funding application subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 314 Motion by Halpin, Second by Field. RE: AUTHORIZE APPOINTMENT TO THE ALCOHOL AND SUBSTANCE ABUSE SUBCOMMITTEE

- COMMUNITY SERVICES WHEREAS, there is a vacancy on the Alcohol & Substance Subcommittee, and WHEREAS, Brooke Heichel has expressed interest in serving on the Subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the

appointment of Brooke Heichel to the Alcohol & Substance Abuse Subcommittee for the remainder of Patricia Hastings’s term from November 13, 2012 through December 12, 2013. Vote 7-0. RESOLUTION NO. 315 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDING RESOLUTION NO. 169-12 TITLED “AUTHORIZE MEMORANDUM OF

UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING THE APPOINTMENT OF ANNE BUSSARD AS INTERIM DEPUTY DIRECTOR OF COMMUNITY SERVICES” TO EXTEND THE TERM OF THE AGREEMENT – COMMUNITY SERVICES

WHEREAS, Resolution No. 169-12 authorized a Memorandum of Understanding (MOU) with the Civil Service Employee’s Association, Inc. to appoint Anne Bussard as Interim Deputy Director of Community Services, and WHEREAS, said MOU expires on November 12, 2012, and WHEREAS, the Director of Community Services wishes to extend this agreement until December 31, 2012. NOW, THERFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign an extension to the above mentioned MOU, subject to the approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 316 Motion by Halpin, Second by Field. RE: ESTABLISH 2012 - 2013 ANNUAL LEAD GRANT - PUBLIC HEALTH WHEREAS, Schuyler County’s Annual Lead Grant will be $20,659 for the period October 1, 2012 through September 30, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2012 - 2013 Lead Grant Budget. BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 317 Motion by Larison, Second by Halpin. RE: RESOLUTION TO APPROVE CONTRACT WITH LIFETIME CARE FOR THE PROVISION OF

CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM (CDPAP) – SOCIAL SERVICES WHEREAS, local Social Services Districts are authorized pursuant to the New York Social Services

Law section 365-f and Title 18 of the Codes Rules and Regulations of the State of New York section 505.28, and/or other Department regulations to provide assessments for Consumer Directed Personal Care services to persons eligible to receive said services, and

WHEREAS, the local DSS district is desirous of obtaining assessment services to be rendered to recipients of Medicaid for which reimbursement is available pursuant to Title XIX of the Federal Social Security Act and applicable state law, and

SCHUYLER COUNTY LEGISLATURE 162 WHEREAS,

WHEREAS, funding for this program is provided through the Medicaid program with no direct local share.

the Provider herein, Lifetime Care, represents that they will provide services that are authorized pursuant to Title XIX of the Federal Social Security Act and applicable state law and which are eligible for reimbursement thereto, and

NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Department of Social Services be authorized to contract with Lifetime Care for the provision of CDPAP services to Medicaid eligible individuals with the understanding that all nursing and/or assessment services are to be billed directly to the NYS Department of Health’s Medicaid system through eMedNY, with no direct local share, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign a contract with Lifetime Care for the Consumer Directed Personal Assistance Program; for a term of October 1, 2012 through September 30, 2013; subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 318 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH ALL-MODE COMMUNICATIONS TO UPGRADE THE

CURRENT TELEPHONE SYSTEM – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 299-07 authorized the purchase and installation of a new Nortel Telephone

System for the Schuyler County Human Services Complex, Shared Document Facility, Highway Department, Mill Creek Center and the County Courthouse Complex, and

WHEREAS, our current system, release 5.0 has not been upgraded since installation in 2007, and WHEREAS, in 2011 Nortel Telephone System was purchased by Avaya Telephone System, and WHEREAS, effective December 31, 2012 release 5.0 will no longer be supported by Avaya and we

would lose our ability to purchase additional licenses or convert Analog and Digital licenses to IP licenses, and WHEREAS, All-Mode Communications, an authorized Avaya distributor with New Your State OGS,

has agreed to upgrade our current release to CS1000 7.5 with a free upgrade to release 7.6 when it becomes available at a cost of $33,184.80 for software and associated hardware with an additional amount for installation and testing not to exceed $7,172, and

WHEREAS, it is the Information Technology Director and the Buildings and Grounds Maintenance Supervisor recommendations to upgrade the current telephone system.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature hereby accepts the Information Technology Director and Buildings and Grounds Maintenance Supervisor’s recommendation to enter in contract with All Mode Communications to upgrade the current Avaya Telephone System to CS100 7.5 with a free upgrade to 7.6 when available at a cost not to exceed $40,356.80, for all equipment, delivery, installation and testing, and

BE IT FURTHER RESOLVED, that funding for this upgrade is available in the Voice and Data Capital Reserve account no. 004.1610.0200, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with All Mode Communications, 1725 Dryden Road, Freeville, NY 13068, at a cost not to exceed $40,356.80, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 319 Motion by Larison, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS FROM HUMAN RESOURCES TO CIVIL SERVICE TO

COVER ADDITIONAL SALARY FOR THE PERSONNEL OFFICER – HUMAN RESOURCES WHEREAS, the Personnel Officer received a salary increase due to the addition of the Human Resource Director’s duties this year, and WHEREAS, the Civil Service personnel account no. 1431.0100 is lacking sufficient funds to cover the remainder of the 2012 salary for the Personnel Officer, and WHEREAS, there are surplus funds in the Human Resources account no. 1430.0100 which can be used to cover this deficit. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $7,000 from Human Resources account no. 1430.0100 to Civil Service account no. 1431.0100.

PROCEEDINGS OF THE YEAR 2012 163 Vote 7-0. RESOLUTION NO. 320 Motion by Barnes. Second by Larison. RE: AUTHORIZE NAME CHANGE AND APPOINTMENT TO THE CYBER SECURITY TASK GROUP

(CSTG) - PERSONNEL WHEREAS, the Health Insurance Portability and Accountability Act (HIPAA) Administrative Oversight Committee is now charged with Cyber Security oversight, and WHEREAS, there is also a need to redefine the appointments to reflect Titles versus individual names.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the name change of the Health Insurance Portability and Accountability Act (HIPAA) Administrative Oversight Committee to the Cyber Security Task Group (CSTG) and the following list of titles, or office representatives where applicable, to be appointed with no term.

CYBER SECURITY TASK GROUP (CSTG) Director Office for the Aging

Youth Bureau Director Personnel Officer

Director of Community Services Director of Public Health

Commissioner of Social Services Information Technology Director

Records Management Director County Attorney’s Office representative

Vote 7-0. RESOLUTION NO. 321 Motion by Barnes, Second by Larison. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS




Asset # Description Serial/VIN # Department 6013 Dell Server CZ086B1 Information Technology 6058 Dell Latitude Laptop 4VP7RB1 Information Technology 2241 Motorola charger (’95) N/A Emergency Mgmt 2243 Onan Generator (’90) N/A Emergency Mgmt 2284 Portable Radios (’90) N/A Emergency Mgmt 2285 Mobile Radios (’90) N/A Emergency Mgmt 3513 Portable Radio N/A Emergency Mgmt 0784 HON 2-dwr file cabinet N/A County Attorney 1780 HON 6-dwr desk N/A County Attorney 4731 4-Line Phone System N/A Office for the Aging 5199 HP 1200 Printer (’02) CNC3082632 Youth Bureau 4733 Oximeter Monitor 102608349 Public Health 4734 Oximeter Monitors (2) 103206826 & 102608858 Public Health 5394 Tanita Scale 820607 Public Health 1351 Smith-Corona Typewriter SL-105 Veteran 3011 Adler Typewriter N/A Elections 1602 Check Signer (’89) 57637 Treasurer 2165 Shredder N/A Mental Health 2166 Computer Desk N/A Mental Health

SCHUYLER COUNTY LEGISLATURE 164 2167 Computer Desk N/A Mental Health 2432 APC Battery Backup N/A Mental Health 3463 APC Battery Backup N/A Mental Health 3604 APC Battery Backup N/A Mental Health 3642 Laptop Desk N/A Mental Health 3729 Norton AntiVirus Software N/A Mental Health 5379 APC Battery Backup N/A Mental Health 5380 APC Battery Backup N/A Mental Health 1489 IBM Server (’97) N/A Mental Health 5192 Payphone (’02) N/A Buildings and Grounds 0091 Meridian Phone (’95) N/A Buildings and Grounds 0112 Meridian Phone (’94) N/A Buildings and Grounds 0113 Meridian Phone (’94) N/A Buildings and Grounds 2014 Meridian Phone (’95) N/A Buildings and Grounds 0048 Water Heater (’96) J20 2172 S24 Highway 0407 Water Softener (’82) N/A Highway 0496 Rotary Lift/Sign Post (’81) R 12E Highway 0519 Torque Wrench (’75) 440-2723 Highway 0546 Broom/Drag (’89) N/A Highway 0568 Lift/Truck/Post Hyd Hoist(’60) SK215AG2677 Highway 0702 Washer/Combo K Archer (’87) 22205 Highway 4916 “Clickker” Torque Wrench (’01) NA Highway

SURPLUS Asset # Description Serial/VIN # Department 3725 Epson Camera (’99) A5DL008337 Real Property 5420 Chevy Tahoe (’03) 1GNEK13Z53J302163 Sheriff 5994 Truck Vault (’06) N/A Sheriff 5995 Truck Vault (’06) N/A Sheriff Vote 7-0. RESOLUTION NO. 322 Motion by Barnes. Second by Larison. RE: AUTHORIZE CHARGE BACKS TO EACH SCHUYLER COUNTY TOWN FOR COMMUNITY

COLLEGE EXPENSES FOR THE YEAR 2013 WHEREAS, Education Law Sec. 6305 (5) states that a county has the statutory authority to charge back

its towns for the costs incurred by the County from paying charge backs assessed against the County under Sec. 6305(2) for town residents attending out of County community colleges, and

WHEREAS, said charge is assessed upon a town on a per capita proportion of the county’s cost where the student in question was a resident of the town at the commencement of the term.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature shall bill back to towns the costs incurred by the County, up to a total amount of $400,000, such town charges apportioned by residency of students attending a community college for the year 2013. Vote 5-2. Noes; Halpin , Karius. DISCUSSION: Legislator Halpin asked that this Resolution be discussed more in terms of what is going to happen. Chairman Fagan explained how we got to where we are with this and the reasoning behind the Legislature’s decision to proceed with this Resolution. Legislator Halpin wants to know if we have to do this now. Could this be held over until we adopt the Budget? She wants this done on a more equitable basis. I know you will all sit here and shake your heads at this and say we have to do this, but it is time we do what is best for Schuyler County and not New York State. The comments I have heard from many of the towns is that they will have to lay off people and it will be very difficult for them. If this impacts them negatively, what have we accomplished? I just would like to see this done on a more equitable method. Chairman Fagan explained that the towns that will not give up the sales tax voluntarily could sue us if we implemented the new formula next year. Legislator Halpin asked Attorney Geoffrey Rossi if the statute reads that it has to be based on the

PROCEEDINGS OF THE YEAR 2012 165 student population. Attorney Rossi confirmed that it indeed it does. Legislator Halpin stated of course that is his job to support this as the County Attorney. She wants to see this done in a different way. She feels we are just passing our problems on to the Towns. Legislator Barnes stated that there are towns that are doing just that, dealing with it. They have found a way to cut expenses to absorb this new charge by the County. They have cut programs and expenses. Harold Russell, Town of Dix Supervisor stated that he has gone through their town budget line by line and he will have to cut his Highway Department. If we have an old fashioned winter, they are going to be in trouble. He is also going to have to cut three (3) Fire Departments funding down. Having this dropped on the towns in mid October has been a nightmare. He is going to have to raise the Town of Dix taxes by 5 to -6 %. He suggested that funds to SCOPED be cut more instead, just a suggestion. RESOLUTION NO. 323 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AMENDING THE CONTRACT WITH THE OFFICE OF HOMELAND SECURITY-

PUBLIC HEALTH WHEREAS, Public Health has a grant contract T839494 with the Office of Homeland Security that expired on July 31, 2012, and WHEREAS, the Office of Homeland Security and Public Health has agreed to extend the date of the grant contract to a new end date of January 31, 2013.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to this grant amendment, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 324 Motion by Halpin, Second by Gifford. RE: ACCEPT AND ESTABLISH THE EARLY INTERVENTION ADMINISTRATION GRANT- PUBLIC

HEALTH WHEREAS, Schuyler County Public Health has received the Early Intervention Administration grant for the amount of $21,234, and WHEREAS, said grant will be for the period of October 1, 2012- September 30, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby directed to establish the Early Intervention Administration grant accordingly in cooperation with the Public Health Department. Vote 7-0. RESOLUTION NO. 325 Motion by Halpin, Second by Gifford. RE: AUTHORIZE 2012-2013 CONTRACT WITH GLOVE HOUSE, INC. FOR PREVENTIVE

SERVICES – SOCIAL SERVICES WHEREAS, the Commissioner of Social Services is required to provide preventive services and Pins

Diversion services to children and families as ordered by the New York Courts or to prevent and reduce the unnecessary and costly use of detention services for children and disruption to the family unit, and

WHEREAS, the Department may contract for the provision of Family Team Meetings and Pins Diversion preventive services with an agency that has the capability to provide those services, and WHEREAS, Glove House Inc. has the ability to provide certain preventive services for the Department, and has agreed to provide selected services as identified in the contract between the two agencies to Schuyler County residents referred to Glove House Inc. by the Department of Social Services, and WHEREAS, it is economically and organizationally feasible for the Department to contract with Glove House Inc. for the performance of these services, and further, DSS has determined that the amount of funds to be paid to Glove House is reasonable and necessary to assure quality services, and

WHEREAS, the cost of the contract will not exceed $195,000 of which approximately 62% will be reimbursed with federal and state funds, with funding for this contract being included in the Department’s 2012 & 2013 budgets. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Glove House Inc. for the Department of Social Services for the identified preventive services commencing December 1, 2012 through December 31, 2013 in an amount not to exceed $195,000,

SCHUYLER COUNTY LEGISLATURE 166 funding available in the 2012-2013 Department of Social Services budget lines 6010.552 and 6010.308; 2013 funding subject to the approval of the 2013 Budget and contract approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 326 Motion by Larison, Second by Field. RE: LOCAL LAW INTRO. NO. 8/LOCAL LAW NO. 7 OF THE YEAR 2012 OVERRIDING THE TAX

LEVY LIMIT FOR FISCAL YEAR 2013 WHEREAS, Local Law Intro. No. 8/Local Law No. 7 of the Year 2012 Overriding the Tax Levy Limit

for Fiscal Year 2013 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held November 13, 2012 at 7:23 p.m., and WHEREAS, said public hearing was duly held, at which time all interested persons were heard, and this Legislature has duly considered the adoption and passage of said Local Law. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 8/Local Law No. 7 of the Year 2012, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 8/Local Law No. 7 of the Year 2012, together with the required text thereof in the official county newspaper.

LOCAL LAW INTRO. NO. 8/LOCAL LAW NO. 7 OF THE YEAR 2012 A Local Law Overriding the Tax Levy Limit for Fiscal Year 2013. BE IT ENACTED by the Legislature of the County of Schuyler as follows:

SECTION 1. Overriding the Tax Levy Limit for 2013. For fiscal year 2013, the County of Schuyler shall override the real property tax levy limit established by Chapter 97 of the Laws of 2011 of the State of New York and may adopt a budget requiring a tax levy that is greater than such tax levy limit. SECTION 2. Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State. DISCUSSION: Legislator Halpin stated that she does not know what we gain from this. She feels they are not impressing the Governor, and certainly not the tax payers. She said we need to get to the point where we no longer can subsidize and stay below the tax cap before we will get any attention from the State. We need to make cuts on every program where it isn’t mandated in order to get attention. The State will not do anything about this, now that we will override the tax cap especially. She emphasized that she is not in favor of overriding the tax cap. Chairman Fagan asked her if she is now changing her position, as she was supporting this during the budget workshops. Legislator Larison said we need to stick to our decisions. The tax cap issue is not going to be addressed. We would have to cut valuable programs and they are needed. Legislator Karius stated that she has received numerous calls asking that we not do this and she thinks they are all pretty intelligent and will honor their wishes by voting no. Vote 5-2. Noes: Halpin, Karius. RESOLUTION NO. 327 Motion by Larison, Second by Field. RE: AGREEMENT WITH NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT

AUTHORITY (NYSERDA) TO ASSIST WITH EMPOWER NY PROGRAM – OFFICE FOR THE AGING WHEREAS, the New York State Energy Research and Development Authority (NYSERDA)

administers the EmPower NY energy efficiency program to deliver energy efficiency and energy-use education to low-income New Yorkers, and

WHEREAS, this program can provide access to electric and heating efficiency measures and WHEREAS, such measures will lower the energy bills of those served, and WHEREAS, NYSERDA is partnering with Area Agencies on Aging across the state to inform older

adults who might be eligible for the EmPower NY program as well as assist them with the application process, and

WHEREAS, participating AAAs will be paid $20 for each completed application. NOW, THEREFORE, BE IT RESOLVED THAT the Chairman of the Legislature is hereby authorized

to sign any and all contracts and agreements with the New York State Energy Research and Development Authority (NYSERDA) for the EmPower NY program which is voluntary and requires no set term limits or

PROCEEDINGS OF THE YEAR 2012 167 minimum or maximum number of completed applications, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 328 Motion by Larison, Second by Field. RE: RECOGNIZE THE WEEK OF DECEMBER 3-7, 2012 AS EMPLOYEE LEARNING WEEK

WHEREAS, organizations throughout Schuyler County are committed to creating a highly skilled workforce that is critical to growing and sustaining a competitive advantage, and

WHEREAS, having a knowledgeable, skilled workforce improves the performance of organizations; and, learning develops individual and organizational knowledge and expertise, and

WHEREAS, the ASTD (American Society for Training & Development) - the world’s largest association dedicated to workplace learning and development professionals has declared December 3-7, 2012 as “Employee Learning Week” and designated this time for organizations to recognize the value of employee learning, and

WHEREAS, the Central New York Chapter of ASTD, and organizations throughout Schuyler County have demonstrated their commitment to developing the skills of employees and the workforce.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, does hereby recognize the week of December 3-7, 2012, as Employee Learning Week. Vote 7-0. RESOLUTION NO. 329 Motion by Larison, Second by Barnes. RE: MOTION TO BRING THREE (3) RESOLUTIONS TO THE FLOOR

BE IT RESOLVED, that three (3) Resolutions be brought to the floor. Vote 7-0. RESOLUTION NO. 330 Motion by Larison, Second by Barnes. RE: ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –

TREASURER BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION +$28,200 1325.1090 Interest & Penalties On Taxes Revenue +$ 4,000 1325.1091 Penalties On Spec. Assess. Revenue -$ 9,000 1325.1230 Clerk/Treasurer Fees Revenue -$ 7,000 1325.2401 Interest On Investments Revenue

Vote 7-0. RESOLUTION NO. 331 Motion by Larison, Second by Barnes. RE: ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –

HIGHWAY BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION -$10,000 004.0004.5710.1500 Capital Projects - County Road Revenue

Vote 7-0. RESOLUTION NO. 332 Motion by Larison. Second by Barnes. RE: ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –

RSVP BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following:

AMOUNT ACCOUNT NO. DESCRIPTION +$12,000 8750.567 RSVP

Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS:

Resolution No. 295 Local Law Intro. No. 7/Local Law No. __ of the Year 2012 Amending Local Law No. 3 of the year 1994 titled “Watershed Protection Law” to 1) eliminate Article 4 (Nuisances); 2) Update

SCHUYLER COUNTY LEGISLATURE 168 Appendix 75-A; 3) Add Mandatory Real Property Transfer Evaluations for Both Water and Wastewater Systems Article 4 (Real Property Transfers); And 4) Add Requirements for Land Application of Septage Biosolids Article 5 – Public Health Department – Tabled October 9, 2012.

Chairman Fagan informed the public that there is no intent to bring this forward. He explained that Darrel Sturges, Watershed Inspector, has had meetings with all interested Real Estate Companies, Bankers and interested Tax Payers. They are working through some of the concerns and plan to bring this up again next year for consideration. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: None. PUBLIC PARTICIPATION: None. The Meeting adjourned at 7:55 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

REGULAR MEETING DECEMBER 10, 2012

The December 10, 2012 Regular Meeting of the Schuyler County Legislature was called to order at 6:30

p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present. County Administrator Tim O’Hearn, and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION:

Mr. Alan Hurley, from the Town of Tyrone, read a letter he had written to the Legislature. The letter is on file in the Legislative Office.

Mrs. Angeline Franzese, from the Town of Dix, questioned the Chairman and the County Administrator about the amount of the tax levy increase. She asked that the Legislature make additional cuts to the budget. She stated that the college charge back is forcing the Town of Dix to cut the cost of living adjustments to their employees, and she read an article that was published in the Watkins Review and Express, regarding the Town of Dix Budget. She stated that she understands the difference between the tax rate and the tax levy. She expressed concerns with the statement that taxes will not be going up. She asked the County Administrator to explain how their tax bills may increase with the re-evaluations. The County Administrator told Mrs. Franzese that this is time for public comment. Mrs. Franzese stated that the County has done the re-evaluation on the businesses in our community. She is a business owner in this community, and if you keep raising the taxes on the small businesses it will make it more difficult for us to operate. She said she only sees more additions to the budget and she feels they need to make more cuts. She then asked that the Legislature please vote no on this budget.

Mr. Christopher Franzese, from the Town of Dix, commented about the “physical cliff” we hear so much about now on the television. He talked about the Federal and State debt; your own figures continue to go up. He requested they make more cuts from this budget as he feels next year will not be any easier for us.

Chairman Fagan stated that the County had a State mandated cost increase of over fifty percent (50%), and our costs decreased by only one percent (1%). We are doing our job, however our leaders at the State and Federal level are not.

Mr. Hurley stated that we all have bills to pay. He feels that all the Legislature is doing is passing the blame. He asked that the Legislators go after this budget and make more cuts.

Ms. Sue Brill, from the Town of Dix, read a quote about being angry and the blame being misplaced. She stated that there is money out there and it is not being distributed properly. We cannot make the needed changes unless we all work together. She said the County Legislature is not to blame. RESOLUTION NO. 333 Motion by Gifford, Second by Larison. RE: APPROVE MINUTES OF THE NOVEMBER 7, 2012 SPECIAL MEETING AND THE NOVEMBER

13, 2012 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE

PROCEEDINGS OF THE YEAR 2012 169 BE IT RESOLVED, that the minutes of the November 7, 2012 Special Meeting and the November 13,

2012 Regular Meeting of the Schuyler County Legislature be approved. Vote 8-0. RESOLUTION NO. 334 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH MID-STATE COMMUNICATIONS ELECTRONICS, INC. FOR

MAINTENANCE/SERVICE AGREEMENTS OF THE COMMUNICATIONS SYSTEM – EMERGENCY MANAGEMENT/SHERIFF’S OFFICE

WHEREAS, it is vital to have service available 24 hours a day, in the event of a failure, and WHEREAS, 911 consoles and radio infrastructure repair, labor and semi-annual preventive maintenance

will be covered under this agreement with Emergency Management, and WHEREAS, Mid-State Communications has agreed to provide this service for $721.00 per month for

Emergency Management, and WHEREAS, radio infrastructure, and mobile units repair, labor and semi-annual preventive maintenance

will be covered under this agreement with the Sheriff’s Office, and

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Mid-State Communications for the Emergency Management Department for 911 Console Maintenance for the total amount of $8,652.00, and execute a contract with Mid-State Communications for the Sheriff’s Office Maintenance for the total amount of $7,380.00 for the term January 1, 2013 to December 31, 2013, funding available in the 2013 Emergency Management budget account no. 3689.435, and Sheriff’s budget account no. 3110.453, subject to approval of the Schuyler County Attorney.

WHEREAS, Mid-State Communications has agreed to provide this service for $615.00 per month for the Sheriff’s Office.

Vote 8-0. RESOLUTION NO. 335 Motion by Barnes. Second by Yuhasz. RE: RESOLUTION CALLING FOR THE GOVERNOR AND STATE LEGISLATURE TO

COMPENSATE COUNTIES FOR STATE MANDATED DISTRICT ATTORNEY’S SALARIES WHEREAS, salaries of full-time District Attorneys and the Clerks of the five boroughs of New York

City are statutorily tied to those of New York State judges and justices in the Unified Court System, and WHEREAS, when salaries increase for judges and justices, counties are mandated to raise the salaries of

their District Attorneys as required under section 183-a of the Judiciary Law, and WHEREAS, New York State has significantly increased judges’ salaries over the next three years,

forcing counties to increase pay for District Attorneys, and WHEREAS, this increased State mandate requires Schuyler County to raise the salary of the District

Attorney from $119,200 in 2011 to $152,500 by 2014, and WHEREAS, although the State pays the entire salary and benefits of judges and justices, the State only

provides supplemental appropriations to counties to partially cover the cost of State-mandated pay for local District Attorneys.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature calls upon the Governor and the State Legislature to reimburse counties for the entire amount of District Attorneys’ mandated pay and its associated retirement and social security costs leaving counties responsible only for any portion of District Attorneys’ compensation that exceeds the State’s mandated amount, and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward certified copies of this Resolution to Governor Andrew M. Cuomo, Senator Thomas F. O’Mara, Assemblyman Christopher S. Friend,

SCHUYLER COUNTY LEGISLATURE 170 Assemblyman Philip A. Palmesano, other New York counties, and the New York State Association of Counties

(NYSAC). Vote 8-0. RESOLUTION NO. 336 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE APPLICATION FOR 2013-2018 SECTION 5311 ANNUAL OPERATING

ASSISTANCE WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State

Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for a project to provide for Public Mass Transportation Service for Schuyler County for the 2013-2018 fiscal years, and

WHEREAS, the County of Schuyler may make application annually to the New York State Department of Transportation for such federal aid for operating assistance for a Project to provide public mass transportation service on a continuing basis in Schuyler County.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to act on behalf of the County of Schuyler to sign the following:

1) A continuing agreement between the County of Schuyler and the State of New York providing for the undertaking of the Project and authorizing annual grant applications for such Section 5311 funds;

2) Any and all agreements between the County of Schuyler and any third party subcontractors necessary to complete the Project, and

BE IT FURTHER RESOLVED, any agreements are subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 337 Motion by Halpin, Second by Barnes. RE: AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES TO PROVIDE RSVP SERVICES TO

SCHUYLER COUNTY FOR THE YEAR 2013 WHEREAS, RSVP has provided volunteer drivers for medical transportation needs and other volunteer

services through Cornell Cooperative Extension in the past, and WHEREAS, Catholic Charities will now be the agency overseeing the RSVP Program.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Catholic Charities to provide RSVP volunteer services, in the amount of $12,000, to include, but not limited to, volunteer drivers for medical transportation needs and other volunteer services to be used by various county departments, with the additional cost of mileage reimbursement for transportation, as set forth by the IRS, for a term of April 1, 2013 through December 31, 2013; subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 338 Motion by Halpin, Second by Barnes. RE: AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES TO PROVIDE THE

RUNAWAY AND HOMELESS PROGRAM - YOUTH BUREAU WHEREAS, the New York State Office of Children and Family Services provide funding for the

Runaway and Homeless Youth Program, and

PROCEEDINGS OF THE YEAR 2012 171 WHEREAS, there is a need in Schuyler County for case management assistance for youth who have

runaway, are homeless or are in jeopardy of becoming homeless, and WHEREAS, the Youth Bureau contracted with Catholic Charities for the Runaway and Homeless

Program, including one counselor to work directly with the homeless and runaway youth under the age of 21 in 2012.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a renewal agreement with Catholic Charities at a cost not to exceed $17,000 for the term of January 1, 2013 through December 31, 2013, subject to approval of the 2013 Budget and the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 339 Motion by Halpin, Second by Barnes. RE: AUTHORIZE AMENDING THE 2012 BUDGET FOR THE EARLY INTERVENTION PROGRAM –

PUBLIC HEALTH WHEREAS, services required by the Early Intervention program are running ahead of estimates, and WHEREAS, there is an increase in revenue associated with these costs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2012 Early Intervention budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$20,000 4054.490 Contractual Expense +$20,000 4054.1621 Revenue Vote 8-0. RESOLUTION NO. 340 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE TRANSFER OF FUNDS TO REPLENISH THE COMMUNITY SERVICES BOARD

RESERVE ACCOUNT – COMMUNITY SERVICES WHEREAS, Resolution 482-98 established a Community Services Board reserve account of $50,000 to

cover expenses related to major repairs and projects at the Mill Creek Center building, and WHEREAS, this reserve has been utilized for payments of authorized repairs since that time, and WHEREAS, Resolutions 114-12 and 115-12 authorized the transfer of a total of $3,500 from the reserve

account to account 4310.427 Building Repairs, to cover anticipated repairs for 2012. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to

transfer any unspent funds from account 4310.427 back to the reserve account, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer any

remaining available funds from the 2012 Community Services Budget to replenish this reserve up to, but not to exceed, the authorized amount of $50,000. Vote 8-0. RESOLUTION NO. 341 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH THE TEN ELEVEN GROUP – COMMUNITY

SERVICES WHEREAS, the Ten Eleven Group will be providing an additional service at an additional cost for

2013, and WHEREAS, said increase is in the amount of $1,524 to include costs associated with the e-prescribing

function. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to

execute a contract renewal with the Ten Eleven Group for the term January 1, 2013 through December 31, 2013, in an amount not to exceed $43,524.00, funding available in the 2013 Mental Health budget account no. 4310.435; subject to the adoption of the 2013 budget, contract subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 342 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE A MEMORANDUM OF UNDERSTANDING WITH THE PROBATION

DEPARTMENT FOR YOUTH SUPERVISION SERVICES – SOCIAL SERVICES WHEREAS, the Schuyler County Probation Department provides preventative services including a

SCHUYLER COUNTY LEGISLATURE 172 liaison for PINS Diversion case management meetings, an intake and supervising officer for Juvenile Delinquent Diversion (JDD) services, and an officer to supervise Persons in Need of Supervision (PINS) and Juvenile Delinquent (JD) Probation cases as ordered by the Family Court, and WHEREAS, Schuyler County Department of Social Services has funds available through their preventative services budget to reimburse up to 62% of preventative services provided through the Schuyler County Probation Department, and WHEREAS, this Memorandum of Understanding will serve the purpose to help prevent and reduce the unnecessary and costly use of detention services and disruption to the family unit for PINS Diversion cases, JDD as well as PINS and JD probation cases by strengthening the preventative services provided and achieving the goals stated in the agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Memorandum of Understanding between the Schuyler County Department of Social Services and the Schuyler County Probation Department to provide Youth Supervision Services in the amount not to exceed $77,869 which is 62% of the cost covering two (2) part-time probation officer positions and ¼ of the incurred administrative costs associated with those positions, for the term of January 1, 2013 through December 31, 2013, funds available in the Department’s 2013 budget account no. 6010.552, subject to the adoption of the 2013 budget, contract subject to approval of the Schuyler County Attorney. Vote 8-0.

RE: AUTHORIZE RENEWAL OF THE INTER MUNICIPAL AGREEMENT WITH CHEMUNG COUNTY TO SHARE THE SCHUYLER COUNTY DIRECTOR OF WEIGHTS & MEASURERS A POSITION FOR 2013-2015

RESOLUTION NO. 343 Motion by Larison, Second by Yuhasz.

WHEREAS, Chemung County is desirous of renewing the inter-municipal agreement for a Shared Director of Weights & Measurers A with Schuyler County, and

WHEREAS, this agreement retains the Weights and Measures Director as a Schuyler County employee, but shares said position with Chemung County. The contract rate from Chemung County for 2013 shall be $50,000 annually payable consistent with the current agreement and reviewable on an annual basis for the purpose of determining cost. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an Inter Municipal agreement with Chemung County for shared services of the Schuyler County Director of Weights & Measurers A position as set forth above, said agreement to run from January 1, 2013 through December 31, 2015, subject to the approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 344 Motion by Larison, Second by Yuhasz. RE: SET SALARY FOR WEIGHTS & MEASURERS DIRECTOR A POSITION FOR 2013 WHEREAS, the Legislature has authorized a renewal of the inter-municipal agreement with Chemung County to share the services of our Weights and Measures Director A Position, and WHEREAS, said sharing of services justifies an increase in compensation for 2013. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby sets the salary for Clifford Boyce, Weights and Measures Director, at $53,000, effective January 1, 2013. Vote 8-0. RESOLUTION NO. 345 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE 2013 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS

WHEREAS, New York State passed Chapter 135 a law that was signed by the Governor on May 23, 1983, which declares Schuyler County to have Home Rule pursuant to Article IX, Section 2 (b) (2) of the Constitution, and

WHEREAS, New York State Alienation Guide to Municipal Parks, Section F. 3. requires that any park fee must not be in excess of those charges for comparable facilities in the area, and

WHEREAS, the Schamel Brothers lease, Section 5. (c) requires the fees charged by the lessee to be approved the Schuyler County Legislature.

PROCEEDINGS OF THE YEAR 2012 173 NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the

Village Marina's 2013 Seasonal Rate Schedule for its 145 available slips:

2013 SUMMER RATES SLIP WIDTH SLIP FEE WATER & ELECTRIC 8' $1,490.00 $100.00 10' $1,650.00 $100.00 12' $1,750.00 $100.00 14' $1,850.00 $100.00 16' $1,850.00 $100.00

20 AMP ELECTRICAL SERVICE: $100.00 30 AMP ELECTRICAL SERVICE: $150.00

DRY DOCK WITH UNLIMITED USE OF LAUNCH RAMP: $450.00 2013 TRANSIENT DOCK (UP TO 30 FT)

WITH 30 AMP ELECTRIC Per Hour : $ 4.00 Per Day: $ 40.00 Per Week: $175.00 Per Month: $600.00

50 AMP Electric add an additional $10.00 LAUNCH RAMP FEES

$4.00 Per Launch (Tenants: No Charge) $45.00 Unlimited Usage (October 31 through March 1st)

TRUCK CRANE Tenants: $100.00 per Usage (plus tax)

Non-Tenants $125.00 per Usage (plus tax) WINTER STORAGE RATES

At the dock: $15.00 per foot. Use of bubbler system is allowed with electrical charges billed additionally.

On land: $10.00 per foot. Haul In/Out Charges: $4.00 per foot each way. SUMMER STORAGE RATES

On land: $10.00 per foot. MISCELLANEOUS RATES AND CHARGES

SEASONAL RATES: The Village Marina Seasonal Rates for Summer 2013 apply to the period beginning April 15, 2013 and continuing through October 30, 2013. Any seasonal tenants who do not plan to haul out or store with us, and are still in the water after these dates will

be assessed a service charge of $5.00 per day, for each day until the boat is removed. PUMP OUT: $5.00 Per Pump Out (Tokens available at Village Marina Bar & Grill)

TRAILER / CRADLE FEE: Minimum $30.00 Charge includes handling and storage of cradles and trailers. Fee is billed annually with winter storage.

Vote 8-0. RESOLUTION NO. 346 Motion by Larison, Second by Gifford. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF THE NEW YORK STATE DEPARTMENT

OF TRANSPORTATION (NYSDOT) BEYOND PRESERVATION GRANT – HIGHWAY DEPARTMENT WHEREAS, the New York State Department of Transportation has offered funding to counties to assist

them in local road and bridge reconstruction projects, and WHEREAS, the Schuyler County Highway Department wishes to apply for $567,000 for County Road 16 rehabilitation from Hornby Road to Evergreen Hill Road, Town of Orange and $960,000 for County Road 16 over Tributary to Meads Creek bridge replacement (BIN 3332650), Town of Orange.

SCHUYLER COUNTY LEGISLATURE 174 NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County Highway Superintendent to submit a grant application for the Beyond Preservation Grant, and

BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Highway Superintendent be hereby authorized to accept any approved funds and sign any necessary documents for the funds, subject to approval by the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 347 Motion by Larison, Second by Gifford. RE: SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING

OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT BE IT RESOLVED, that the Public Hearing on the Assessment Roll for the year 2012, for the budget year of 2013, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 27th day of December, 2012 at 9:20 A.M. in the Legislative Chambers, 105 9th Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a certified copy of this resolution to the Attorney for the Lamoka/Waneta Lakes Protection and Rehabilitation District, A. Thomas Galloway II, Esq., Orrick, Herrington & Sutcliffe, LLP, Fifth Avenue, New York, NY 10103: Brenda Mori, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer. Vote 8-0. RESOLUTION NO. 348 Motion by Larison, Second by Gifford. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE

CHARGED ON THE JANUARY, 2013, 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 WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water

bills be charged on the 2013 Town and County tax bills as shown in the Town of Reading Resolution No. 66. NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of

Reading be added to the January, 2013, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1 (k). Vote 8-0. RESOLUTION NO. 349 Motion by Larison, Second by Halpin. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE

JANUARY, 2013, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be

charged on the 2013 Town and County tax bill, per Town resolution No. 117, as a separate item for the amount of the arrears.

NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector be added to the January, 2013, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198. Vote 8-0. RESOLUTION NO. 350 Motion by Larison, Second by Halpin. RE RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE

YEAR 2013 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE WHEREAS, the State Board of Real Property Services has established the County equalization rates

pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received. NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2012 Assessment Roll be adopted and the 2012 County equalization rates to be used for the general levy and apportionment of the 2013 county tax levy from the State Board of Real Property Services be entered in the minutes as follows:

TOWN OF CATHARINE 100.00 TOWN OF MONTOUR 100.00 TOWN OF CAYUTA 100.00 TOWN OF ORANGE 100.00

PROCEEDINGS OF THE YEAR 2012 175 TOWN OF DIX 100.00 TOWN OF READING 100.00 TOWN OF HECTOR 100.00 TOWN OF TYRONE 100.00

Vote 8-0. RESOLUTION NO. 351 Motion by Larison, Second by Halpin. RE: SET DATE - 2012 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the final meeting of the year 2012 for the Schuyler County Legislature be held on Thursday, December 27, 2012, in the Legislative Chambers at 9:15 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote 8-0. RESOLUTION NO. 352 Motion by Karius, Second by Barnes. RE: SET DATE - 2013 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE

BE IT RESOLVED, that the 2013 Organizational Meeting of the Schuyler County Legislature shall be held on Tuesday, January 8, 2013 in the Legislative Chambers at 9:15 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote 8-0. RESOLUTION NO. 353 Motion by Karius, Second by Barnes. RE: AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261

OF THE NEW YORK STATE TAX LAW WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax

receipts for the period April 1, 2012 through September 30, 2012, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto.

NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" below.

Vote 8-0. RESOLUTION NO. 354 Motion by Karius, Second by Barnes.

SCHUYLER COUNTY LEGISLATURE 176 RE: RESOLUTION STATING THAT CERTAIN ELECTED OFFICIALS ON THE PAYROLL SHALL

FORGO THEIR 2013 PAY RAISE WHEREAS, the Legislators, Treasurer, and the District Attorney all have volunteered to forgo their

salary increase for the year 2013 to assist the County with its difficult budget cuts. NOW, THEREFORE, BE IT RESOLVED, all of the above named Elected Officials on the payroll will

remain at their current 2012 salary for the year 2013. Vote 8-0. RESOLUTION NO. 355 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING RENEWAL WITH CORNELL

COOPERATIVE EXTENSION/RSVP FOR MEDICAL AND MISCELLANEOUS TRANSPORTATION FOR VARIOUS DEPARTMENTS WHEREAS, the current MOU with Cornell Cooperative Extension/RSVP for volunteer drivers for

medical, miscellaneous transportation needs, and for other volunteer services is due to expire December 31, 2012, and WHEREAS, it is desirable to have a three month contract until such time Catholic Charities takes over RSVP. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a Memorandum of Understanding with Cornell Cooperative Extension/RSVP for volunteer drivers for medical, miscellaneous transportation needs, and for other volunteer services to be used by various county departments, the only cost being mileage reimbursement, as set forth by the IRS, for the term January 1, 2013 through March 31, 2013; subject to approval of the Schuyler County Attorney. Vote 8-0. RESOLUTION NO. 356 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND

TO CREATE/FILL THE POSITION OF PLANNING DIRECTOR WHEREAS, the County is required per General Municipal Law 239 to provide Planning services, and WHEREAS, Planning services had been contracted through Cornell Cooperative Extension, and WHEREAS, Cornell Cooperative Extension is not renewing the contract for planning services with

Schuyler County, therefore these services will now be provided in-house, and WHEREAS, the position of Planning Director needs to be created, and WHEREAS, the County Administrator and Personnel Office have completed the following factor rating

for the position of Planning Director: I Accountability 90 II Complexity of Duties 120 III Experience/Knowledge 100 IV External Contacts 60 V Independent Judgment 75 VI Internal Contact 45 VII Impact on Programs/Adm. 75 VIII Interpersonal Skills 60 IX Supervision/Leadership 25 TOTAL 650 = Grade G, and

NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the addition of the Planning Director position with the above factor rating in Grade Level G, and

BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the creation and filling of a full-time Planning Director position, in grade level G of the Management/Confidential Salary Plan in a salary range of $43,506 (minimum) – $54,009 (mid-range), effective January 1, 2013, with funding already present in the Planning department’s 2013 budget. Vote 8-0. RESOLUTION NO. 357 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT – PLANNING DIRECTOR

PROCEEDINGS OF THE YEAR 2012 177 WHEREAS, the position of Planning Director has been created as a result of no longer being a contractual arrangement with Cornell Cooperative Extension, and WHEREAS, it is upon recommendation by the Personnel Officer and County Administrator that Rajbir R. Kambo be appointed to said position. NOW, THEREFORE, BE IT RESOLVED, that Rajbir R. Kambo be appointed Planning Director, effective January 1, 2013, at an annual salary of $45,000, in Grade Level G in the Management/Confidential Salary Plan. Vote 8-0. RESOLUTION NO. 358 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH SOUTHERN TIER COUNSELING CENTER, LLC FOR THE

EMPLOYEE ASSISTANCE PROGRAM (EAP) – HUMAN RESOURCES WHEREAS, the County contracts out to provide Employee Assistance Program (EAP) services for all its employees, and WHEREAS, Southern Tier Counseling Center, LLC is the desired provider for these services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Southern Tier Counseling Center, LLC for the Human Resources Department for EAP services, at a not to exceed amount of $4,680, for the term January 1, 2013-December 31, 2013 funding available in the 2013 Human Resources Department budget account no. 1430.435; subject to approval of the Schuyler County Attorney.

RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DEPUTY DIRECTOR OF COMMUNITY SERVICES

RESOLUTION NO. 359 Motion by Larison, Second by Halpin.

WHEREAS, the Deputy Director of Community Services position has been vacant since March 29, 2012, and

WHEREAS, Anne Bussard has been serving as the Interim Deputy Director since May 14, 2012, and WHEREAS, the Director of Community Services wishes to appoint Anne Bussard to the full-time position

of Deputy Director of Community Services. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the

appointment by Mary C. Hayes, Director of Community Services, of Anne Bussard as Deputy Director of Community Services at an annual salary of $55,000, effective December 17, 2012, said position is in Grade Level H of the Management / Confidential Salary Plan, and

BE IT FURTHER RESOLVED, that per Resolution No. 168-12, this is considered other arrangements, and the above salary will take the place of the Interim Deputy Director of Community Services compensation, effective December 17, 2012. Vote 8-0. RESOLUTION NO. 360 Motion by Larison, Second by Halpin. RE: ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –

DOG CONTROL/SHERIFF BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$39,435 3510.400 Contractual Expense +$2,000 3510.442 Utilities

Vote 8-0. RESOLUTION NO. 361 Motion by Gifford, Second by Larison. RE: ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 –

NAVIGATION/SHERIFF BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$ 600 3111.1589 Navigation Fees Revenue

Vote 5-3. Noes; Field, Barnes, Gifford. RESOLUTION NO. 362 Motion by Gifford, Second by Larison.

SCHUYLER COUNTY LEGISLATURE 178 RE: ALTERATION OF 2013 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 WHEREAS, certain budgets for 2013 such as the Environmental Management Council funding, the Solid Waste Management funding, and the RSVP funding need to be moved from the Cooperative Extension budget into the Planning budget and the Community Action Program budgets for 2013, and

WHEREAS, the Southern Tier Central Regional Planning and Development Board (STCRP&D) funding should also be moved from Publicity into the Economic Development Budget.

NOW, THEREFORE, BE IT RESOLVED, that the Tentative Budget for 2013 be altered and modified by moving the following: AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. DESCRIPTION $ 300 8750.331 8020.331 Environmental Mgt. Council $ 5,265 8750.362 8020.331 Solid Waste Management $12,000 8750.567 6310.567 Catholic Charities/RSVP $36,000 6410.555 6989.559 Southern Tier Central Vote 8-0. RESOLUTION NO. 363 Motion by Gifford, Second by Larison. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2013

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 2013 would be held at 6:30 P.M. on November 13, 2012, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and

WHEREAS, the above-mentioned Public Hearing was held on November 13, 2012 at said time and place.

NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2013 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $10,668,356 by tax levy, be adopted. DISCUSSION: Legislator Halpin stated that the Legislature has spent a great deal of time on this budget. She said there are very little non-mandated funds left in this budget. Could we have cut more, yes we could have. However, that would have significantly had to cut the maintenance of roads and public safety. At the Public Hearing I stated that until we get to the point that we cannot stay below the tax cap and are not able to provide the mandated services, the Government is not going to do anything about it. I have some suggestions and offered ways to manage services. We need to combine County and Towns. We have not done enough to increase our tax base. If our rates stay the same and our assessments go up, we have gained nothing. With our standard tax base and no less spending, we will not accomplish anything. In 2013 we need to work more on shared services. Legislator Larison stated that Albany promised us they would do something about the unfunded mandates and they have not. We are not able to run our County in a reasonable matter. I did not like having to push the college charge backs to the Towns. This is the best we can come up with and I will vote for the budget. He commended the Administrator for his work on the budget. Chairman Fagan said the $400,000 is a burden on the towns, however if we maintained services and put it in the budget, the tax payers would have an increase. The Towns have the ability to cut costs better than we do. We are running so lean now, and that is not the case with the Towns. We looked at the tax rates. Towns went down and one remained the same. It may not be the fairest way, and they preferred to do this through the sales tax, assessed value versus student population, but they could not. Most of the students live in the area of the high schools. For 2014 it will be a different formula for sales tax instead of the college charge backs. It will reduce the towns portion from twenty four (24%) to twenty percent (20%). The budget overall this year was very difficult. We had child protective costs that were out of our control. This is a hole too large to dig out of. Legislator Halpin indicated a number of good issues, good ideas and various approaches. We will look into these for next year’s budget if there are merits there, at the committee level. He thanked all of the County Department Heads and staff. We again have asked them to do more with less and they rise to the occasion. He is very proud of their ability to deal with the public and continue to provide the services as they do. He also appreciates the management staff for foregoing their pay raises again. This is the second time in two years. Legislator Barnes said that in regards to the Town of Dix, the biggest share of the college charge backs was to them and they found a way to cover it. They changed their health insurance and did what the County does now with a PPO plan. The employees will now be

PROCEEDINGS OF THE YEAR 2012 179 contributing a portion of the costs. How many of you have been to the Town Meetings before? They have made cuts in the past and questions have not been asked. They have huge assets and means to maintain the tax cap, The Town of Dix did a great job. Others need to learn from that. He felt the Town of Dix should be commended. The towns need to be creative. Maybe this will force some consolidations of services. Vote 6-2. Noes; Halpin, Karius. RESOLUTION NO. 364 Motion by Gifford, Second by Larison. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED

"2013” WHEREAS, the Schuyler County Legislature by Resolution No. 363, dated November 13, 2012, has

adopted a budget for fiscal year 2013. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the

column entitled "2013" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2013. Vote 8-0. RESOLUTION NO. 365 Motion by Gifford, Second by Larison. RE: 2013 BUDGET OF $45,233,302: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO

COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN –AS AMENDED BY RESOLUTION NUMBER 171-13 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, 2012, levy the taxes for the County upon the basis of the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each Town to County taxes, and

BE IT FURTHER RESOLVED, that the Chairman issue no later than December 31, 2012 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. Vote 8-0. NEW BUSINESS:

The Clerk to the Legislature informed the Legislators that they need to acknowledge the Election Commissioners two-year appointments. Appointment of Elections Commissioners by Respective Party Legislators.

All eight Republican Legislators were in favor of re-appointing Joseph Fazzary as the Republican Board of Elections Commissioner and John Vona as the Democratic Board of Elections Commissioner for the term January 1, 2013 through December 31, 2014. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES:

Legislator Barnes reported on the Public Safety/Criminal Justice Committee. He invited the public in attendance to attend the Public Safety Committee Meeting this month as they will be discussing welfare fraud. Chairman Fagan reported on the shared services study that will begin next week for the Village of Watkins Glen and the County Police Department consolidation. He hopes for an outcome of a shared services agreement. If so, they should see a savings with the Police Department for the Village. It will be a six month study and hope to lead the way for others. COUNTY ADMINISTRATOR’S REPORT:

Administrator O’Hearn reported that Chairman Fagan, the Superintendents of the Watkins Glen and the Odessa Montour Schools, and himself, had a meeting scheduled to meet at Cornell. There was a mix up with the time and the Odessa Montour Superintendent showed up about two hours late. So we were all there, just not at the same time. The meeting was very encouraging and informative. He agrees that something has to change. This needs to be on a regional level. No one Government body can tackle this alone. He will look at this optimistically and hope for some change. PUBLIC PARTICIPATION:

Mr. Hurley said he has attended the Town of Tyrone board meetings and they are looking at a three percent (3%) tax increase. At the Town level the sales tax distribution will create a further deficit. Chairman

SCHUYLER COUNTY LEGISLATURE 180 Fagan said it will not create any more from the current budget. Mr. Hurley and Legislator Barnes talked numbers and Legislator Barnes asked Mr. Hurley if he expected the County to do nothing?

Mr. Mark Rondinaro, Town of Reading, wanted to know that if in the future of the sales tax revenue amounts being split with the Towns and Villages would be adjusted to match the rate of the increase. Administrator O’Hearn said no, it is a floating number. Mr. Rondinaro asked if it would be captured over time. Would the charge back be maintained over time? Administrator O’Hearn explained that the tuition is based on enrollment. The Meeting adjourned at 7:18 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk

YEAR END MEETING DECEMBER 27, 2012

The December 27, 2012 Year End Meeting of the Schuyler County Legislature was called to order at

9:15 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislators Karius, Gifford and Field who were excused. County Administrator Tim O’Hearn was also present. PUBLIC PARTICIPATION: None. PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT:

There was no public present. Public Hearing closed at 9:21 a.m. RESOLUTION NO. 366 Motion by Larison, Second by Barnes. RE: AUTHORIZE 2013 CONTRACT RENEWAL WITH PAUL CORRADINI, ESQ. – PUBLIC

DEFENDER’S OFFICE WHEREAS, due to various conflicts of interest, multiple defendants or multiple parties and overload

cases, it would be beneficial to the County to enter into a contract for services of a conflicts defender, and WHEREAS, Attorney Paul Corradini has accepted the position of Conflicts Defender for the term January 1, 2013 through December 31, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Paul Corradini, Esq. for the Public Defender’s Office for conflicts of interest, multiple defendants or multiple parties and overload cases for the term January 1, 2013, to December 31, 2013, at a rate of $2,667.00 per month plus mileage (at the County rate), funding available in the 2013 Public Defender budget account no. 1170.0400-Contractual Services Indigent Legal Services Fund (ILSF), and for mileage in account no. 1170.0430-Mileage; subject to approval of the Schuyler County Attorney. Vote 5-0. RESOLUTION NO. 367 Motion by Larison, Second by Barnes. RE: AUTHORIZE APPLICATION AND CONTRACT WITH NEW YORK STATE TO RECEIVE STATE

GRANT FUNDING FOR MONITORING IGNITION INTERLOCK DEVICES - PROBATION WHEREAS, the Schuyler County Probation Department has been designated as the oversight agency to

monitor ignition interlock devices for probation supervision cases as well as conditional discharge sentences, and

WHEREAS, the New York State Governors Traffic and Safety Committee has established grant money to support each designated monitoring agency, Schuyler County Probation is eligible to receive an amount of $3,416 in grant funding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to a contract established through the New York State Grant Management System be approved allowing Schuyler County Probation to apply for and access these grant funds for the term of October 1, 2012 through September 30, 2013, subject to the approval of the Schuyler County Attorney. Vote 5-0. RESOLUTION NO. 368 Motion by Larison, Second by Barnes.

PROCEEDINGS OF THE YEAR 2012 181 RE: AUTHORIZE AMENDING RESOLUTION NO. 229-12 TITLED “RESOLUTION IN SUPPORT OF

HIRING A CONSULTANT THROUGH CORNELL COOPERATIVE EXTENSION OF SCHUYLER COUNTY, THROUGH AN AGREEMENT, FOR THE COMPLETION OF A COUNTY-WIDE COMPREHENSIVE PLAN THAT ALL MUNICIPALITIES CAN UTILIZE”

WHEREAS, Resolution No. 229 authorized hiring a consultant through Cornell Cooperative Extension for work to be done in 2013 on the completion of a County-Wide Comprehensive Plan, and

WHEREAS, the Planning function will no longer be contracted through Cornell Cooperative Extension, it will be a Planning Director position at the County in 2013, therefore requiring that Resolution No. 229 be amended to reflect said change.

NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 229-12 be amended as follows below with language removed and added in bold to reflect that the consultant will be hired through the County: “RE: RESOLUTION IN SUPPORT OF HIRING A CONSULTANT THROUGH CORNELL

COOPERATIVE EXTENSION OF SCHUYLER COUNTY, THROUGH AN AGREEMENT, FOR THE COMPLETION OF A COUNTY-WIDE COMPREHENSIVE PLAN THAT ALL MUNICIPALITIES CAN UTILIZE

WHEREAS, four (4) Towns, two (2) Villages and the County are in the process of writing or updating their Comprehensive Plans, and

WHEREAS, two (2) Towns and one (1) Village in Schuyler County are without Comprehensive Plans, and WHEREAS, the remaining three (3) municipalities are within the recommended 5-10 year review mark, and WHEREAS, the time commitment to aid in this process for our Planning Department on behalf of the Planning and Community Development Program through Cornell Cooperative Extension of Schuyler County (CCESC) is tremendous, and WHEREAS, it is recommended by the Planning Director that a consultant be hired to aid in the update and re-envisioning of the Schuyler County Comprehensive Plan into a County-Wide Comprehensive Plan which all of the various municipalities could utilize, and

WHEREAS, a consultant will be selected by a bid process, and funding for said consultant, in an amount not to exceed $50,000, will be allocated to this project., and

WHEREAS, NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature is in support of Cornell Cooperative Extension of Schuyler County hiring a consultant for the completion of the County-Wide Comprehensive Plan, and agrees to contribute a not to exceed amount of $4,000 towards the $50,000 allocation.

NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature is authorized to sign an agreement with Cornell Cooperative Extension of Schuyler County, with a not to exceed amount of $4,000 for said consultant services and the completion of the County-Wide Comprehensive Plan, subject to the approval by the Schuyler County Attorney.” Vote 5-0. RESOLUTION NO. 369 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH LEXIS NEXIS FOR VOLUNTEER BACKGROUND CHECKS –

OFFICE FOR THE AGING WHEREAS, in accordance with the Schuyler County Office for the Aging policies and procedures

concerning the use of volunteers with vulnerable and frail older adults, and WHEREAS, under such policies, Schuyler County Office for the Aging requires a background check on

volunteers who will work in isolated settings such as driving older adults to medical appointments, visiting older adults in their homes through the Friendly Visitor program, serve as a Shopping Assistant or in any other unsupervised work area, and

WHEREAS, volunteers who serve under RSVP are screened by that program, and WHEREAS, the National Association of Area Agencies on Aging has established a national partnership with LexisNexis, a world-leading provider of comprehensive background screening services, to provide

SCHUYLER COUNTY LEGISLATURE 182 background screening services for local Area Agency on Aging agencies for employment and volunteer positions, and

WHEREAS, per Schuyler County policy, a County department must have a separate agreement with the contracted agency, and

WHEREAS, Schuyler County Office for the Aging can utilize grant monies for such screening for those not under RSVP, and

WHEREAS, fees for the service are based on the package requested ranging from $4.35 to $10.35 per background check.

NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with Lexis Nexis for the term of January 1, 2013 through December 31, 2013, not to exceed $200.00, said contract subject to approval of the Schuyler County Attorney. Vote 5-0. RESOLUTION NO. 370 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE GRANT ACCEPTANCE AND AUTHORIZE A CONTRACT WITH PROACTION OF

STEUBEN AND YATES, INC FOR CHILD CARE REGISTRATIONS AND INSPECTION PROGRAMS - SOCIAL SERVICES WHEREAS, Schuyler County has received an allocation of $44,940 in federal funds from the Child

Care and Development Block Grant for the purpose of registering and inspecting certain child day care programs located in Schuyler County, to include family day care registration, monitoring and compliance, and

WHEREAS, the Department previously contracted with the Schuyler County Child Care Coordinating Council (SCCCCC) for these services but that agency has declined to renew the contract for 2013, and

WHEREAS, Pro-Action of Steuben and Yates, Inc. has experience in this area and is willing to contract with the County to provide these services for $42,700, the contract price previously agreed to by the SCCCCC (the Department of Social Services retains $2,240 of the grant for administrative expenses), and

WHEREAS, funding is available in the Department’s 2013 budget, line no. 6010.435. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Pro-Action of Steuben and Yates, Inc. for the Department of Social Services for day care registration and inspection services for the term January 1, 2013 through December 31, 2013, funding available in the 2013 Department of Social Services budget account no. 6010.435, subject to approval of the Schuyler County Attorney. Vote 5-0.

RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT WITH TOWN OF CAYUTA TO PROVIDE ASSESSMENT SERVICES – REAL PROPERTY TAX

RESOLUTION NO. 371 Motion by Halpin, Second by Yuhasz.

WHEREAS, the County of Schuyler and its municipalities are empowered to enter into joint service contracts pursuant to Article five-G of the General Municipal Law, and WHEREAS, the Town of Cayuta has requested that the County provide assessment services pursuant to Section 1537 of the Real Property Tax Law commencing in 2013. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Town of Cayuta, for the Real Property Tax Department, to provide assessment services to the town, at an annual fee per parcel, for the term January 1, 2013 through September 30, 2013, subject to approval of the Schuyler County Attorney. Vote 5-0.

RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS RESOLUTION NO. 372 Motion by Larison, Second by Halpin.

BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers in order to balance out the 2012 accounts, to wit:

Information to be provided by the Treasurer.

PROCEEDINGS OF THE YEAR 2012 183 DISCUSSION: Chairman Fagan asked what transfers these are. Jamee Mack, Deputy Clerk, explained that this is a Resolution that is done each year to allow the Treasurer to balance the 2012 books. The Treasurer will provide an Excel spread sheet that will become part of this Resolution. Vote 5-0. RESOLUTION NO. 373 Motion by Larison, Second by Halpin. RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2012-2013 WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 (5) of the Real Property Tax Law, a certified list of unpaid school taxes as of November 30th, which will be assessed and relevied, and

NOW, THEREFORE, BE IT RESOLVED, that the unpaid school taxes for the year 2012-2013, as they appear on said certified list be, and the same hereby are, approved as of December 27, 2012, and the Real property named in said certification any items of unpaid taxes therein set forth.

WHEREAS, pursuant to Section 1330 (4) of the Real Property Tax Law, this Board is required to pay the various Districts the amount of unpaid school taxes, as certified.

Vote 5-0. RESOLUTION NO. 374 Motion by Larison, Second by Halpin.

RE: DEDICATION OF 2012 PROCEEDINGS WHEREAS, it has been the custom to give tribute in the printed Proceedings of the Schuyler County

Legislature to employees who retire from county service or elected officials who leave office, as recognition for their dedication and service.

NOW, THEREFORE, BE IT RESOLVED, that the “Proceedings of the County Legislature of the County of Schuyler for the year 2012" contain a tribute to John Michael Pierce (Deputy Sheriff), Beverly B. Potter (Social Welfare Examiner/DSS), Patricia S. Emery (Human Resources Admin.-Benefits Mgr.), Gail M. Hughey (Human Resources Director), Camelia M. Oswald (Nursing Coordinator/Public Health), Mary Ellen Upham (Account Clerk-Keyboard Specialist/DSS), and Dave Centurelli (Deputy Sheriff). Vote 5-0. RESOLUTION NO. 375 Motion by Larison, Second by Barnes. RE: AUTHORIZE AMENDING RESOLUTION NO. 353-12 TITLED “AUTHORIZE DISTRIBUTION OF

MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW” WHEREAS, the figures for distribution in Resolution No. 353-12 were for the period October 1, 2011

through March 31, 2012 and should have been the figures for April 1, 2012 through September 30, 2012. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 353-12 be amended to have the Exhibit

“A” be replaced with the new Exhibit “A” below.

SCHUYLER COUNTY LEGISLATURE 184

RESOLUTION NO. 376 Motion by Larison, Second by Barnes. RE: AUTHORIZE AMENDING RESOLUTION NO. 308-12 TITLED “AUTHORIZE A 2013 CONTRACT

WITH THE HUMANE SOCIETY OF SCHUYLER COUNTY (HSSC) FOR OPERATION OF THE SCHUYLER COUNTY DOG SHELTER – SHERIFF’S OFFICE”

WHEREAS, Resolution No. 308-12 authorized all expenses to be incurred by the Humane Society of Schuyler County (HSSC) in a new 2013 contract with them, and WHEREAS, the HSSC has informed the County that they plan to have the dogs moved to the new HSSC building in six months, and

WHEREAS, the County has agreed to continue to pay for all expenses related to the dog shelter as it has been doing and therefore Resolution No. 308-12 needs to be amended. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 308-12 be amended to remove the language “with all expenses to be incurred by the HSSC” from the first Whereas clause, and that the term of the contract be amended to be January 1, 2013 through June 30, 2013. Vote 5-0. RESOLUTION NO 377 Motion by Larison, Second by Barnes. RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2012 FOR THE

LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWNS OF ORANGE AND TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK Pursuant to Sections 270 and 271 of the County Law of the State of New York. WHEREAS, the assessment roll for the year 2012 for the Lamoka/Waneta Lakes’ Protection and

Rehabilitation District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York for the budget year 2013 has been completed and properly filed with the Schuyler County Real Property Tax Service Agency at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New York, for review and inspection by the public and interested parties, and

PROCEEDINGS OF THE YEAR 2012 185 WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice

that the Public Hearing on the assessment roll would be held by the County Legislature of the County of Schuyler in the Legislative Chambers, 105 9th Street, Watkins Glen, NY on December 27, 2012 at 9:20 A.M. to hear and consider any objections pertaining to said assessment roll, and

WHEREAS, due and proper proof of the publication of the notice of the aforesaid Public Hearing has been filed in the Office of the Clerk of the Legislature, and

WHEREAS, the aforesaid Public Hearing was duly held on the 27th day of December, 2012, and any persons appearing in regard to the said assessment roll having been heard.

NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2012 for the Lamoka/Waneta Lakes District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax Service Agency, and

BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the appropriate taxes on the several real properties situate and benefited within said Lakes’ Protection and Rehabilitation District, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the Director of Real Property Tax Service Agency, the County Treasurer, the Attorney for said Lakes’ Protection and Rehabilitation District, the Lamoka/Waneta Lakes’ District Commission and the Clerk of the Steuben County Legislature. Vote 5-0. RESOLUTION NO. 378 Motion by Larison, Second by Barnes. RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND

REHABILITATION DISTRICT TAXES DUE JANUARY 2013 Pursuant to Article 5-D of the County Law of the State of New York.

BE IT RESOLVED, that the report of the Lamoka/Waneta Lakes’ District Commission of the several amounts of taxes due January 2013, levied upon the various parcels of land in the said Lakes’ Protection and Rehabilitation Districts be received and filed, and the Director of the Schuyler County Real Property Tax Service Agency is directed to levy the amount upon the various parcels therein mentioned in accordance with said report, and

BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Director of Real Property Tax Service Agency; Attorney for the Lakes’ Protection and Rehabilitation Districts; the Lamoka/Waneta Lakes’ Districts Commission, and the Clerk of the Steuben County Legislature. Vote 5-0. RESOLUTION NO. 379 Motion by Larison, Second by Halpin. RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) Resolution be brought to the floor. Vote 5-0. RESOLUTION NO. 380 Motion by Barnes, Second by Halpin. RE: A RESOLUTION DELEGATING TO THE COUNTY TREASURER OF THE COUNTY OF

SCHUYLER, NEW YORK, THE POWER TO AUTHORIZE, FROM TIME TO TIME DURING FISCAL YEAR 2013, THE ISSUANCE AND SALE OF NOT EXCEEDING $2,500,000.00 OF TAX ANTICIPATION NOTES OF SAID COUNTY IN ANTICIPATION OF THE COLLECTION OF REAL ESTATE TAXES LEVIED, OR TO BE LEVIED, IN FISCAL YEAR 2013. BE IT RESOLVED by the affirmative vote of the County Legislature of the County of Schuyler, New

York, as follows: Section 1. The power to authorize, from time to time during fiscal year 2013, the issuance and sale

of not exceeding $2,500,000.00 of tax anticipation notes of the County of Schuyler, New York, including renewals thereof, in anticipation of the collection of real estate taxes levied, or to be levied, for such fiscal year of said County, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents as may be determined by said County Treasurer, pursuant to the Local Finance Law.

SCHUYLER COUNTY LEGISLATURE 186 Section 2.

DISCUSSION: Administrator O’Hearn asked the Treasurer if he had the figure to fill in the blank in the Resolution. Gary Whyman, Treasurer, replied that he did, but he wanted to talk with Administrator O’Hearn about it first. He suggested one million. Administrator O’Hearn suggested two to two and a half million. He explained that this is perpetual for 2013 and under the Tax and Finance Law, a Municipality can borrow up to five million. This is a result of cash flow and shows how tight the budget is with no fund balance. We may have to repeat this in 2014. Chairman Fagan asked what the interest rate is. Administrator O’Hearn said it is less than 1%. If we don’t end up using the whole two and a half million, then we pay it back. This is needed for the next week’s payments. He stated that he was not pleased at the fact that we are now coming to you with this. It was pretty late when he found this out. Chairman Fagan asked the Treasurer if the Lakes’ District treatments exceeding the revenues and if he used the fund balance to make up the difference. The Treasurer said the Lakes’ District funds are in the General Funds, but in separate accounts.

This resolution shall take effect immediately.

Vote 5-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. PUBLIC PARTICIPATION:

The Meeting adjourned at 9:26 a.m. None.

Jamee L. Mack, Deputy Clerk

SUMMARY OF BUDGET

ALL FUNDSTOTAL APPROPRIATIONS OF ALL FUNDS (EXCLUDING INTERFUND TRANSFERS) 42,063,065$

INTERFUND TRANSFERS 3,170,237$

TOTAL APPROPRIATIONS 45,233,302$

LESS:

ESTIMATED REVENUES (EXCLUDING INTERFUND REVENUES) 31,394,709$

INTERFUND TRANSFERS 3,170,237$

APPROPRIATED CASH SURPLUS TO REDUCE TAX LEVY -$

34,564,946$

ALL FUNDSGeneral Fund 0County Road 0Machinery 0Stop DWI Reserve 0

REAL ESTATE LEVY REVENUE 10,668,356$

SUMMARY OF BUDGET 2013

TOTAL ESTIMATED REVENUES & APPROPRIATED CASH SURPLUS

Summary of Budget

ALL FUNDSTOTAL APPROPRIATIONS OF ALL FUNDS (EXCLUDING INTERFUND TRANSFERS) $40,195,442

INTERFUND TRANSFERS $2,349,404

TOTAL APPROPRIATIONS $42,544,846

LESS:

ESTIMATED REVENUES (EXCLUDING INTERFUND REVENUES) $29,753,972

INTERFUND TRANSFERS $2,349,404

APPROPRIATED CASH SURPLUS TO REDUCE TAX LEVY $370,000

TOTAL ESTIMATED REVENUES & APPROPRIATED CASH SURPLUS $32,473,376ALL FUNDS

General Fund 370,000County Road 0Machinery 0Stop DWI Reserve 0

REAL ESTATE LEVY REVENUE $10,071,470

2012 SUMMARY OF BUDGET

INDEX

A Adoption

Amending Facilities & Grounds Capital Reserve Policy, 6 Equipment Operator Snow and Ice Manual, 6 Hiring Guest Speaker and Teacher, Client Related Policy, 48 Management & Confidential Salary Plan Amendment, 73 Public Transit Human Services Transportation Plan, 42 Purchasing Policy & Procedures, 3 Salary Schedule, 3

Agreement/Contract/Proposal 5311 Annual Operating Assistance, 173 All-Mode Communications, 165 Alternatives to Incarceration Service Plan Extension, 4 Amendment, Ann Bussard, 164 Amendment, Chemung County Health Insurance, 35 Amendment, Council on Alcoholism and Other Chemical

Dependancies, 31 Amendment, Ford Motor Credit Company Lease, 51 Amendment, Ivans, Inc., 111 Amendment, KVS Information Systems, 135 Amendment, McIlroy Management, 34 Amendment, Office of Homeland Security, 168 Amendment, Pathways, 128 Amendment, Procura LLC, 23 Amendment, S.M. Anwar Ahmed, M.D., 31 Amendment, Sharifuzzama Siddiqui, M.D., 31 Amendment, Souther Tier Hospice Lease, 62 Amendment, Supervision and Treatment Services Juveniles

Program, 45 Amendment, TenEleven, 30 Amendment, The ARC of Schuyler, 44 ARC of Schuyler County, Public Transit, 87 Behavioral Intervention, Inc, 19 Bus Shelters, 26, 56 Catholic Charities, Non-Residential Demestic Violence, 133 Catholic Charities, RSVP, 174 Catholic Charities, Runaway and Homeless Program, 174 Chemung Canal Trust Company, Visa Card Program, 47, 65 Chemung County WIC Program, 132 Chemung County, Weights & Measurers Director, 176 Civil Service Employees Association, 67 Consultant, Amendment Planning Department, 185 Cornell Cooperative Extension, CDB Grant Administration, 27 Cornell Cooperative Extension, Senior Camp Services, 58 Cornell/Cooperative Extension, RSVP, 180 Correction Officer's Benevolent Association, 78 CSEA Administrative Unit, Sick Bank, 116 Eastern Copy, Lease Extension, 24 Eastern Copy, Maintenance, 47 Finger Lakes Addictions Counseling and Referral Agency, 145 Finger Lakes Railroad, Underground Wire License, 161 Fisher Associates, 89 Ford Motor Credit Company, 16 Genesee Regional Home Care Lease, 89 Genesee Regional Home Care, Phone Service, 89 Glove House, Inc, 169 Highway Superintendent, 143 Humane Society, 162 Hunt Engineers, 89 Hunt Engineers Supplemental Agreement, 135

Icon Enterprises, Inc dba CivicPlus, 64 Impact, Additional Modules, 54 Impact, Replace Computer Aided Dispatch, 54 Individual Providers Preschool Services, 61 Jennifer Geck, 29 Labella Associates, Supplemental, 72 Lexis Nexis, 17, 185 Lifetime Care, 165 Lisa Baker, 162 Lovell Computer Solutions, 31 Marchiselli Funding CR 4 Over Sawmill Creek, 21 Mid-State Communications, 172 Monterey Fire Department, 19 Mutual Aid, Region 4 & 6, 63 MXI Environmental Services, 85 My Place, A Play and

Learning Center, 20 Nancy Rose Stormer PC and Whiteman, Osterman & Hann LLP,

157 National Association of County and City Health Officials, 20 New York State Energy Research and Development Authority,

170 New York State Parks, Catharine Valley Trail, 66 Nicole Mothershed, 59 NYS Board of Elections, HAVA Funding, 33 NYS Office for the Aging, NY Connects, 163 Paul Corradini, Esq., 184 Practice Management Alternatives, LLC, 44 Preschool Providers Groups, 60 Probation Use & Dissemination Agreement, 17 Rachael Boruchowitz, 14, 93 RCR&R, Electronic Recycling, 86 Richard Pierce, 49 Samuel D. Castellino, 136 Schuyler County Chapter ARC, Early Intervention Service

Coordination, 61 Schuyler County Community Services, 146 Schuyler County Probation, Youth Supervision Services, 175 Shared Records Management Facility, 117 Silverline Construction Change Order CR 4 Bridge, 47 Snell Farm Children's Center, 145 Souther Tier Regional Planning, Dark Fiber Right of Use, 39 Southern Tier Counseling Center, LLC, 181 Southern Tier Hospice Name Change, 147 Systems Management Planning, Inc., 64 TenEleven Group, 175 Town of Cayuta, Assessment Services, 186 Town of Dix,Reading and the Village of Watkins Glen and Watkins

Glen School, 137 Towns & Villages, County Planning Function, 57 TruGreen, 148 Village of Montour Falls, Court Security, 92 VIllage of Watkins Glen, Investigative Services, 56 Youth Bureau & Families First Lease Agreement, 146 Youth Bureau, Preventative Services, 20 Youth Employment Program WGI Amendment, 43

Agricultural District Annual Enrollment, 125 Negative Declaration, Districts 2 & 3, 86

Appointment Agricultural and Farmland Protection Board, 145 Assistant County Attorney, 15

INDEX Assistant Public Defender, 3 Chairman, 1 Clerk to the Legislature, 1 Community Services Board, 88 Confidential Secretary to County Attorney, 25 Corner, 2 County Auditor, 2 County Historian, 2 Deputy Cerk to the Legislature, 1 Deputy County Treasurer, 3 Deputy Highway Superintendent, 37 Election Inspectors, 33, 92 Environmental Management Council, 66, 87 Human Resources Clerk, 65 Interim Deputy Director Community Services, 67 Lamoka/Waneta Lakes Protection and Rehabilitation District, 49 Local Early Intervention Coordinating Council, 30 Mental Health Subcommittee, 88, 133 People with Developmental Disabilities Subcommittee, 44, 88 Planning Commission, 17, 18, 125 Public Defender, 2 Schuyler County Attorney, 14 Second District Attorney, 70 Special Committee, 6, 9, 10, 11 Special Committee, 164 Special Committee and Name Change, 166 Voting System Technician/Custodian, 23, 65

Approval/Authorization 2012 Seasonal Marina Rates, 5 2013 Seasonal Marina Rates, 176 Alternative to Incarceration Service Plan, 76 Amending Membership Requirements, Ag. & Farm Protection

Board, 125 Amendment, Management & Confidential Salary Plan,

Community Services Director, 137 Amendment, Management/Confidential Salary Plan, Director of

Community Services/Public Health Director, 116 Application, Mass Transportation Agreement, 110 Best Value Bid Award, 73 Climate Control Technologies, Ventilation, 32 Community College Charge Backs, 168 Creation of Board of Elections Various Positions, 149 Creation of Southern Tier Interoperable Communication

Consourtium, 84 Decreasing Hours Bookkeeper Position, Treasurer, 82 Decreasing Hours Second Assistant District Attorney, 82 Fees Collection,Rabies Certificates, 58 Funding, Mass Transportation, 109 Increasing Hours Deputy Director Community Services, 149 Office for the Aging 2013-2014 Annual Implementation Plan, 164 Parking Lot Improvement, Mill Creek Center, 134 Payment Gas Line Repairs, 147 Planting of a Tree, 46 Salary Increase, Assisatant County Attorney, 12 Stop DWI Plan 2013, 109 TANF Summer Youth Employment Program, 29 Weights & Measurers Director Salary, 176 Youth Employment, Watkins Glen International, 28

B Bid

Accept/Reject HVAC Repairs and Maintenance, 147

Seneca Harbor Park Upgrades to Existing Facilities, 72 Structural Maintenance & Repairs, 135 Toshiba Copiers, 22 Transportation Preschool Children with Disabilities, 59

Advertisement Lamoka/Waneta Lakes, Application and Monitoring, Lamoka,

12 Lamoka/Waneta Lakes, Application and Monitoring, Waneta,

11 Seneca Harbor Park, Upgrades to Existing Facilities, 66 Transportation Preschool Children with Disabilities, 32

Advertisement HVAC Repairs & Maintenance, 111 Advertisement Structural Maintenance, 90 Amendment

Seneca Harbor Park Upgrades, 93 Budget

Adoption, 182 Alteration, CASA, 159 Alteration, Cornell Cooperative Extension, 159 Alteration, Dog Control/Sheriff, 181 Alteration, Highway, 159, 171 Alteration, Medical Insurance, 159 Alteration, Navagation/Sheriff, 181 Alteration, Outside Agency's, 182 Alteration, Personnel, 159 Alteration, REDEC, 160 Alteration, RSVP, 171 Alteration, Treasurer, 171 Amendment, Early Intervention Program, 174 Amendment, Juveniles Program Probation, 42 Amendment, State Aid Community Services, 44 Appropriate Amounts

2013 Budget, 183 Set Public Hearing Date, 150

C Chemung Watershed Risk Map Project, 50 Cost of Living Adjustment, 148

D Dedication

County Courthouse, 78 Delegate Authority

Real Property Tax Director, Corrections, 3 Designation

Depositories, 2 Depositories Amendment, 33 Legal Newspaper, 2

Disposition of Claim Kelly Hall, 36

F Filling Position

Deputy Director of Community Services, 181 Planning Director, 180

Forgo Pay Raises Elected Officials, 179

Fund Transfer Public Defender Contingency, 162 Transfer, Community Services Board Reserve Account, 45, 61

INDEX Transfer, Community Services Board, Reserve Account, 175 Transfer, Contingency, Veterans Mileage, 111 Transfer, District Attorney, Contingency, 163 Transfer, General Liability Insurance, 35 Transfer, Highway for Projects, 148 Transfer, Human Resourses, Salary, 166 Transfer, Numerous Reserve Accounts, 117 Transfer, Public Defender Contingency, 85 Transfer, T-28 Civil Services Funds, 6 Transfer,Human Resources Flexible Spending, 148

G GASB Statement 54 Participation, 90 Grant

Acceptance, 2012/2013 Aid to Prosecution, 85 Acceptance, Bioterrorism Public Health emergency Preparedness,

89 Acceptance, Board of Elections HAVA, 33 Acceptance, Child Care and Development Block Grant, 186 Acceptance, Early Intervention Administration, 169 Acceptance, NYS Office for the Aging Systems Integration, 110 Acceptance, NYSDOT Beyond Preservation, 177 Acceptance, Violence Against Women, 56 Amendment, Supervision and Treatment Juveniles Program

Probation, 45 Application, 2011-2012 Snowmobile, 18 Application, 2012 Byrne Jag Recovery Act, Sheriff, 26 Application, 2012-2013 Byrne Jag Recovery Act, 125 Application, 2012-2013 Snowmobile Grant, 127 Application, Code Enforcement Study, 35 Application, Community Development Block (CDBG), 88 Application, Community Impact Grant, OFA, 29 Application, Consolidated Funding, 100 Application, Family Play & Resource Center, United Way, 19 Application, Federal Emergency Managment - Disaster

Mitigation, 53 Application, Federal Transit Administration, 80 Application, FY2012 Hazmat Grant, 144 Application, Hazardous Materials Emergency Preparedness, 53 Application, Indigent Legal Services, 144 Application, Monitoring Ignition Interlock Devices, 184 Application, National Association of City & County Health

Officials, 132 Application, Royce Haight Booth Youth Fund, 145 Application, State Homeland Security Program, 53 Application, Statewide Interoperable Communications, 75 Application, Substance abuse and Mental Health Service

Administration, 57 Application, Substance Abuse and Mental Health Service

Administration, 58 Application, Suicide Prevention Initiative, Youth Bureau, 50 Application, Village Watkins Glen Police Study, 16 Continuation, Systems of Care Community Services, 44 Establish, 2012-2013 Annual Immunization, 45 Establish, 2012-2013 LEAD, 165 Extension, Indigent Legal Services Public Defender, 42 Extension, Victim Services, 84 New York State Suicide Prevention Initiative, 87 Proposal, Drug Free Communities Mentoring, 60

I I86 Support, 27

L Lamoka/Waneta Lakes

Bids, 18 Protection District Appointment, 49

Local Government Continuity, 1

Local Law, 76, 79 Administration Drug & Alcohol Testing, 40 Administrative Supervision Fee, 54 Amending Local Law #2 of the year 1997, 67 Amending Watershed Protection Law, 128 Amendment, DWI Administrative Fees, 39 Aquatic Invasive Species, 93 Collection of Onetime Fee, Probation, 68 Comptroller, 111 County Comptroller, 138 Overriding Tax Cap, 169 Overriding Tax Levy, 150 Redistricting, 95, 102, 117 Rescind Comptroller, 149

N NYS Legislature/Legislation

Amending Sales and Use Tax, 74 District Attorney Salaries, 173

O Opposition

Clean Water Act Draft, 126 Thruway Toll Increase, 123

P Petty Cash

Discontinue Emergency Management, 16 Surender and Cash Management, 48

Policy, Amendment, Management & Confidential Salary Plan, Planning Director Salary, 180

Position Assign Duties to Personnel Officer, 115 Create & Fill Temporary Food Service Helper, 127 Filling Community Services Director, 137 Filling Director of Public Health, 117 Filling Human Resources Benefits Manager, 49 Filling Interim Director of Community Services, 43 Filling Interim Human Resources Director, 24 Filling Less than Full Time Assistant County Attorney, 12 Filling Public Health Specialist, 51 Filling Two Temporary Laborer, 63 Reinstatement Keyboard Specialist, Civil Service, 36

Public Entertainment, 75 Licensing/Permits, 92 Licensing/Regulating, 65

Purchase Land Dean Road, 76

INDEX R

Reimbursement Rates Party Inspectors, 22

Rules of Procedure Conform, 2

S Sale of Surplus Property

Village of Odessa, 34 Set Date

2013 Organizational Meeting, 179 Year End Meeting, 178

Special Meeting Ratification, 13, 70, 102, 143, 157, 158 Standard Work Day, 91 State Route 409 Completion, 81 Support Casino Gaming, 134 Surplus/Junk Equipment

Multiple Departments, 22, 63, 136, 167

T Tabled/Failed, 4, 21, 95

Watershed Protection Local Law, 151 Tax

Correction Denial, Town of Hector, 23 Distribution, Mortgage Tax, 73 Levy 2013 Equalization Rates, 178 Mortgage Tax Distribution, 179 Mortgage Tax Distribution Amendment, 187 Refund, Town of Hector, 90 Sales and Compensating Use Tax Amendment, 160 Town Contribution, 183 Unpaid School Taxes Relevied, 187

Tax Anticipation Note (TAN), 189 Town of Hector

Delinquent Water Bills, 178 Town of Reading

Delinquent Sewer and Water Bils, 178

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