The January 3, 1994 Organizational Meeting of the Schuyler County Legislature was called to order at 4:00 p.m. by Doris J. Craig, Clerk, acting as Temporary Chair. The Pledge of Allegiance was led by Legislator Hastings and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present.
Judge Callanan arrived at 4:02 p.m. and administered the Oath of Office first to new legislator, Doris L. Karius and then to the remaining legislators.
PUBLIC PARTICIPATION - 4:06 P.M.: Tom Ryan and Hazel Shader spoke up in favor of Angeline Franzese remaining the Chairperson of the Legislature for 1994. Sue Brill spoke up in favor of Robert Fitzsimmons becoming the Chairperson of the Legislature for 1994. Amelia Cornish asked who would have the position in the case of a tie vote. County Attorney Coleman advised that County Law provides that the current Chairperson would holdover until such time as election is made. If there are no results by February 1st, pursuant to County Law Section 151, the County Clerk would appoint the Chairperson. Mrs. Cornish then asked if committee appointments would be made with a holdover Chairperson. County Attorney Coleman noted that the holdover Chairperson is authorized to do whatever is necessary to continue county government. Public Participation concluded at 4:13 p.m.
MOTION by Halpin, SECOND by Burnside to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994.
MOTION by Hastings, SECOND by Smith to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994.
RESOLUTION NO. 1 Motion by Burnside, second by Karius.
RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed.
DISCUSSION: Legislator Hastings asked if there were a tie vote, if nominations could be reopened today. County Attorney Coleman advised that pursuant to an Attorney General's opinion, in the event no Chairperson is elected, the Legislature can make further attempts until February 1st which would include today.
VOTE: Passed 8-0.
RESOLUTION NO. 2 Motion by Halpin, second by Burnside.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994.
Vote: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons.
RESOLUTION NO. 3 Motion by Hastings, second by Smith.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994.
VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese.
Legislator Hastings immediately requested that nominations for Chairperson of the Schuyler County Legislature for the year 1994 be re-opened.
MOTION by Fitzsimmons to nominate Patricia L. Hastings as Chairperson of the Schuyler County Legislature for the year 1994. Motion failed for lack of a second.
MOTION by Hastings to nominate Charles E. Young as Chairperson of the Schuyler County Legislature for the year 1994. Motion failed for lack of a second.
MOTION by Hastings, SECOND by Karius to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994.
MOTION by Young, SECOND by Halpin to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994.
RESOLUTION NO. 4 Motion by Young, second by Burnside.
RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed.
VOTE: Passed 8-0.
RESOLUTION NO. 5 Motion by Hastings, second by Karius.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994.
VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese.
RESOLUTION NO. 6 Motion by Young, second by Halpin.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994.
VOTE: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons.
Temporary Chair Doris J. Craig announced, pursuant to County Law Section 151, that Angeline B. Franzese would be appointed holdover Chairman.
RESOLUTION NO. 7 Motion by Fitzsimmons, second by Young.
RE: APPOINTMENT - CLERK OF THE LEGISLATURE - 1994-95
BE IT RESOLVED, that Doris J. Craig be appointed Clerk of the Legislature for a two-year term commencing January 1, 1994 and terminating December 31, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 8 Motion by Smith, second by Fitzsimmons.
RE: APPOINTMENT - DEPUTY CLERK OF THE LEGISLATURE - 1994-95
BE IT RESOLVED, that this Legislature acknowledges the appointment by Clerk of the Legislature, Doris J. Craig of Gail M. Willis as Deputy Clerk of the Legislature for a two-year term commencing January 1, 1994 and terminating December 31, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 9 Motion by Fitzsimmons, second by Young.
RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 1994
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 1994, as follows:
Chairman Angeline B. Franzese
#1 Vice-Chairman Philip C. Smith
#2 Vice-Chairman Robert J. Fitzsimmons
#3 Vice-Chairman Patricia L. Hastings
#4 Vice-Chairman Barbara J. Halpin
#5 Vice-Chairman Charles E. Young
#6 Vice-Chairman Robert E. Burnside
#7 Vice-Chairman Doris L. Karius
VOTE: Passed 8-0.
RESOLUTION NO. 10 Motion by Young, second by Smith.
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 concurrent resolutions, election notices, official canvass and other notices.
VOTE: Passed 8-0.
RESOLUTION NO. 11 Motion by Hastings, second by Smith.
RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS
BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts:
FLEET BANK, N.A.
Watkins Glen Office
401 N. Franklin Street
Watkins Glen, NY 14891 $3,000,000.00
MARINE MIDLAND BANK, N.A.
Watkins Glen Office
Franklin at Eighth Street
Watkins Glen, NY 14891 $3,000,000.00
CHEMUNG CANAL TRUST COMPANY
Montour Falls Office
303 W. Main Street
Montour Falls, NY 14865 $3,000,000.00
FINGER LAKES DIVISION
FIRST NATIONAL BANK OF ROCHESTER
Main Street
Odessa, NY 14869 $3,000,000.00
VOTE: Passed 8-0.
RESOLUTION NO. 12 Motion by Burnside, second by Young.
RE: CONFORM TO "RULES OF PROCEDURE"
BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, and as amended on September 14, 1992 be conformed to.
VOTE: Passed 8-0.
RESOLUTION NO. 13 Motion by Young, second by Burnside.
RE: APPOINTMENT - SCHUYLER COUNTY ATTORNEY - 1994-95
BE IT RESOLVED, that James P. Coleman be appointed County Attorney for a two-year term commencing January 1, 1994 and terminating December 31, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 14 Motion by Young, second by Burnside.
RE: APPOINTMENT - ASSISTANT SCHUYLER COUNTY ATTORNEY - 1994-95
BE IT RESOLVED, that this Legislature acknowledge the appointment by County Attorney James P. Coleman of Dennis J. Morris as Assistant County Attorney for a two-year term commencing January 1, 1994 and terminating December 31, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 15 Motion by Young, second by Burnside.
E: APPOINTMENT - PUBLIC DEFENDER FOR 1994
BE IT RESOLVED, that James Halpin be appointed Public Defender for a one-year term commencing January 1, 1994 and terminating December 31, 1994.
VOTE: Passed 7-0. Abstention: Halpin.
RESOLUTION NO. 16 Motion by Young, second by Burnside.
RE: APPOINTMENT - BUDGET OFFICER FOR 1994
BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 17 Motion by Young, second by Burnside.
RE: APPOINTMENT - ASSISTANT DISTRICT ATTORNEY - 1994-97
BE IT RESOLVED, that the Schuyler County Legislature acknowledges the appointment by J.C. Argetsinger, District Attorney, of Joseph Fazzary as Assistant District Attorney for a four-year term commencing January 1, 1994 and terminating December 31, 1997. (Term of District Attorney).
VOTE: Passed 8-0.
RESOLUTION NO. 18 Motion by Young, second by Burnside.
RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY - 1994-95
BE IT RESOLVED, that this Legislature hereby acknowledges the appointment pursuant to County Law Section 501-5 by County Attorney James P. Coleman of Barbara Klemann-Caldwell as Confidential Secretary to the County Attorney for the period commencing January 1, 1994 and terminating December 31, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 19 Motion by Young, second by Burnside.
RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO DISTRICT ATTORNEY - 1994-97
BE IT RESOLVED, that this Legislature hereby acknowledges the appointment pursuant to County Law Section 700-5 by District Attorney J.C. Argetsinger of Joanne Mayo as Confidential Secretary to the District Attorney for the period commencing January 1, 1994 and terminating December 31, 1997. (Term of District Attorney).
VOTE: Passed 8-0.
RESOLUTION NO. 20 Motion by Young, second by Halpin.
RE: TRAVEL REIMBURSEMENT (MILEAGE) FOR 1994
BE IT RESOLVED, that all authorized personnel be allowed to claim mileage at the rate of $.25 per mile except where a different rate is set by contract.
VOTE: Passed 8-0.
RESOLUTION NO. 21 Motion by Young, second by Halpin.
RE: APPOINTMENT - CHIEF VOTING MACHINE CUSTODIAN
BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David A. Stamp as the County's Chief Voting Machine Custodian for the year 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 22 Motion by Smith, second by Burnside.
RE: APPOINTMENT - DEPUTY COUNTY CLERK - 1994-97
BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by County Clerk Betty Glick of Linda Compton as Deputy County Clerk for the term commencing January 1, 1994 and terminating December 31, 1997. (Term of County Clerk).
VOTE: Passed 8-0.
RESOLUTION NO. 23 Motion by Smith, second by Burnside.
RE: APPOINTMENT - CHIEF CORONER FOR 1994
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 1994, at an additional stipend of $1,000 for administrative duties to be paid quarterly at the rate of $250.00 per quarter.
VOTE: Passed 7-0. Abstention: Franzese.
RESOLUTION NO. 24 Motion by Hastings, second by Young.
RE: SCHEDULE OF SALARIES FOR 1994
BE IT RESOLVED, that the Schedule of Salaries for 1994, as attached hereto, be adopted, effective January 1, 1994, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 1994 Salary Schedule.
VOTE: Passed 8-0.
Chairman Franzese announced that there would be an Executive Session after the public participation portion of the meeting.
PUBLIC PARTICIPATION - 4:37 P.M.: Tom Ryan asked what would be discussed in the Executive Session and Chairman Franzese advised that possible disciplinary action of an employee was the reason for the closed session. Amelia Cornish asked when committee appointments were going to be made. Chairman Franzese said that she felt it was only fair to have the committees holdover as well. Public Participation concluded at 4:42 p.m.
Chairman Franzese declared a brief recess at 4:42 p.m. to answer question for the press. The meeting was called back to order at 4:55 p.m.
MOTION by Fitzsimmons, SECOND by Burnside to go into Executive Session at 4:55 p.m. to discuss possible disciplinary action of an employee. Motion carried eight ayes to zero noes.
MOTION by Young, SECOND by Burnside to come out of Executive Session at 5:31 p.m. Motion carried eight ayes to zero noes.
The meeting adjourned at 5:31 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
The January 10, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:35 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced the two emergency resolutions by title.
PUBLIC PARTICIPATION - 6:37 P.M.: Tom Brace, Soil & Water Conservation, presented information relative to Introduction No. 4 (Rescind Honorarium for Soil & Water Board of Directors). Mr. Brace explained that the Board of Directors for Soil & Water is empowered by State and County laws. Mr. Brace requested the Legislature to maintain the honorarium. Mike Oates, Hector, spoke in favor of Robert Fitzsimmons becoming Chair of the Legislature for 1994, stating the county needs strong, bi-partisan leadership, and urged the Legislature to move on this subject. Tom Ryan, Odessa, commended Angeline Franzese for her job as Chairman for the last two years. Joanna Ely, Dix, said she hoped the Board's decision on its Chairman will be based on what is right for the taxpayers. With no further comment, public participation was declared closed at 7:45 p.m.
RESOLUTION NO. 25 Motion by Young, second by Halpin.
RE: APPROVE MINUTES OF THE NOVEMBER 10 AND 12, 1993 SPECIAL MEETINGS, NOVEMBER 29, 1993 PUBLIC HEARING AND DECEMBER 6, 1993 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the November 10 and 12, 1993 Special Meetings, November 29, 1993 Public Hearing and December 6, 1993 Special Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 26 Motion by Smith, second by Young.
RE: DECLARE ITEM SURPLUS - ELECTIONS
BE IT RESOLVED, that the County Clerk & Elections Committee of the Schuyler County Legislature has determined that a Remington Adding Machine, serial number 269A103878 in the Board of Elections is no longer needed for public use, pursuant to Section 215 of County Law.
NOW, THEREFORE, BE IT RESOLVED, that the Remington Adding Machine hereinbefore mentioned be, and hereby is, declared surplus.
VOTE: Passed 8-0.
RESOLUTION NO. 27 Motion by Smith, second by Young.
RE: APPROVE REQUEST FOR OUT-OF-STATE TRAVEL - SHERIFF'S DEPARTMENT
WHEREAS, from time to time certain promoters desire to have sporting and other spectator events held in Schuyler County, and
WHEREAS, it is necessary for security and crowd control purposes to see how these events are policed in other states, and
WHEREAS, Resolution Nos. 507-87 and 316-88 prohibit travel out-of-state within sixty miles of the Village of Watkins Glen.
NOW, THEREFORE, BE IT RESOLVED, that the Sheriff of Schuyler County or his designated deputy be allowed to travel out-of-state for the purpose of looking at security supervision and crowd control at various spectator events and that the expense of such travel be recouped from the promoter or sponsor.
DISCUSSION: Legislator Halpin asked what type of events the Sheriff's Department would be travelling to. Legislator Fitzsimmons explained that they would be travelling to different race tracks to look at other types of race track security. Legislator Smith noted that the Public Safety Committee should work on recoupment, and Attorney Coleman added that recoupment agreements are easy and straight-forward. After considerable discussion, Legislator Smith "called for the question".
VOTE: Passed 8-0.
7:04 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2 OF THE YEAR 1993: There was no participation.
7:04 P.M. - PUBLIC HEARING ON PARTIAL EXEMPTION FROM REAL PROPERTY TAXATION: Tom Ryan asked about the sliding scale and was advised that this will be clarified on the resolution.
RESOLUTION NO. 28 Motion by Young, second by Halpin.
RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 1993/LOCAL LAW NO. 2 OF 1994 SETTING THE SALARIES OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 1994
WHEREAS, a proposed local law setting the salaries of certain public officers for the year 1994 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 10, 1994 considering its adoption, 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 said local law, a true copy of which is annexed hereto, be and hereby is, passed, adopted and enacted; the same shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24 and numbered Local Law No. 2 of the year 1994, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law No. 2 of the year 1994, together with the full text thereof in the official county newspaper as required by law.
A Local Law Setting the Salaries of Certain Public Officers for the Year 1994.
Be it enacted by the Legislature of the County of Schuyler as follows:
1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated.
2. The following public officers are subject to the provisions hereof:
Commissioner of Social Services $35,350
Highway Superintendent $30,900
Real Property Tax Director $28,392
3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.
VOTE: Passed 8-0.
RESOLUTION NO. 29A Motion by Fitzsimmons, second by Karius.
RE: AMEND RESOLUTION NO. 29
BE IT RESOLVED, that the "Be It Resolved" clause in Resolution No. 29 be amended to read as follows:
"NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby rescind the $10.00 honorarium for Legislative appointees to the Board of Directors of the Soil & Water Conservation Board for 1994."
VOTE: Passed 8-0.
RESOLUTION NO. 29B Motion by Fitzsimmons, second by Burnside.
RE: AMEND RESOLUTION NO. 29
BE IT RESOLVED, that Resolution No. 29 be amended by the addition of the following "Be It Resolved" clause:
"BE IT FURTHER RESOLVED, that all new appointees to the Board of Directors of the Soil & Water Conservation Board will receive no honorarium."
DISCUSSION: Legislator Karius noted she would oppose this amendment because she feels that Soil & Water works hard for the farmers, who need the help and pay the largest portion of taxes in the county.
VOTE: Passed 7/1. No: Karius.
RESOLUTION NO. 29 - AS AMENDED
RE: RESCIND HONORARIUM FOR SOIL & WATER BOARD OF DIRECTORS - 1994 - AS AMENDED
WHEREAS, the Board of Directors of the Soil & Water Conservation Board have traditionally received a $10.00 honorarium for attendance at meetings, and
WHEREAS, it was recommended during the budget process that this practice be eliminated.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby rescind the $10.00 honorarium for Legislative appointees to the Board of Directors of the Soil & Water Conservation Board for 1994, and
BE IT FURTHER RESOLVED, that all new appointees to the Board of Directors of the Soil & Water Conservation Board will receive no honorarium.
VOTE: Passed 8-0.
RESOLUTION NO. 30 Motion by Smith, second by Karius.
RE: APPOINTMENTS TO STANDING COMMITTEES OF THE LEGISLATURE AND COMMITTEES AND BOARDS CONNECTED WITH COUNTY GOVERNMENT
WHEREAS, a Chairman of the Schuyler County Legislature has not been appointed for 1994.
NOW, THEREFORE, BE IT RESOLVED, that those appointments to committees and boards in effect in 1993 shall carry over until such time as a Chairman is appointed for 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 31 Motion by Halpin, second by Young.
RE: RENEW RENTAL AGREEMENT - DOG POUND PROPERTY
WHEREAS, the Buildings and Grounds Committee recommends changing the term of the rental agreement for the dog pound property to coincide with the County's budget year.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to renew the rental agreement with David Wood of the dog pound property for the term March 1, 1994 through December 31, 1994 in the amount of $165/month with 32 hours/month work performed on the property; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
DISCUSSION: Legislator Karius asked that the monthly rent amount and the hours to be worked on the property be added to the resolution. There was no objections to the addition from the sponsors.
VOTE: Passed 8-0.
RESOLUTION NO. 32 Motion by Burnside, second by Hastings.
RE: ADOPT INCREASE TO $10,000 - PARTIAL EXEMPTION FROM REAL PROPERTY TAXATION
WHEREAS, the Schuyler County Legislature duly advertised and conducted a public hearing in respect to a proposed increase in the amount of exemption from taxation in the case of persons 65 years of age or older, and
WHEREAS, this Legislature deems an increase in the exempt amount on a sliding scale from a $9,500 to a $10,000 base proper and necessary.
NOW, THEREFORE, BE IT RESOLVED, the partial exemption from real property taxation pursuant to Section 467 of the Real Property Tax Law for persons 65 years of age or older be increased on a sliding scale from a $9,500 to a $10,000 base, effective with the 1994 tax rolls for the 1995 taxes and thereafter.
VOTE: Passed 8-0.
RESOLUTION NO. 33 Motion by Burnside, second by Hastings.
RE: AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-AID FOR A LOCAL RESOURCE REUSE AND RECOVERY PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE
WHEREAS, the State of New York provides financial aid for local resource reuse and recovery programs, and
WHEREAS, Schuyler County herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws, and
WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE aid.
NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature:
1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.
2. That the Chairman of the Schuyler County Legislature is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE.
3. That the MUNICIPALITY agrees it will fund its portion of the cost of said Project.
4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint Project.
5. That five (5) certified copies of this resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, NY 12233-4015, together with a complete application.
DISCUSSION: After discussion, the Chairman directed the Clerk to put the issue of Solid Waste Coordinator on the next Legislative Committee agenda.
VOTE: Passed 8-0.
RESOLUTION NO. 34 Motion by Burnside, second by Fitzsimmons.
RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that two (2) resolutions be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 35 Motion by Young, second by Halpin.
RE: AUTHORIZATION - SECTION 75 OF THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE LAW
WHEREAS, the Community Development, Planning & Expansion Committee has made recommendation to initiate Section 75 Proceedings of the New York State Department of Civil Service Law regarding Lola Mitchell and a 30-day suspension without pay effective immediately.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize said procedures.
VOTE: Passed 8-0.
RESOLUTION NO. 36 Motion by Halpin, second by Burnside.
RE: PROCLAIM JANUARY 26, 1994 AS "SCHOOL NURSE DAY" IN SCHUYLER COUNTY
WHEREAS, Governor Mario Cuomo has officially proclaimed Wednesday, January 26, 1994 as "School Nurse Day", and
WHEREAS, School Nurses have become integral members of school educational teams; striving for the safety, good health and optimal learning for all children in their care, and
WHEREAS, School Nurses advocate for students emotional, physical, and educational well-being, dealing with such issues as: substance abuse, teenage pregnancy, families in crisis, as well as the control of contagious disease, treatment of major and minor injuries and the care of handicapped students mainstreamed in our schools today, and
WHEREAS, it is the desire of this Legislature to join the State and Nation in recognizing the invaluable services provided by School Nurses.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim January 26, 1994 as "School Nurse Day" in the County of Schuyler, and
BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Governor Mario Cuomo, the New York State Association of School Nurses and others as deemed appropriate.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEE: Legislator Halpin announced a Building Project Committee meeting scheduled for January 11th at 10:00 a.m. to be held in the Civil Defense Conference Room.
UNFINISHED BUSINESS: Chairman Franzese suggested that the tabled resolution relative to the SCIDA appointments be left on the table until such time as the nomination process is clarified. Legislator Hastings said that there presently are names to pick from and the SCIDA Board needs members in order to function. It was noted that there are enough members to meet a quorum. Legislator Smith said he felt the Legislature should listen to the nomination committee and honor their recommendation.
MOTION by Hastings, SECOND by Smith to bring Resolution No. 521-93 off the table. Motion failed three ayes to five noes. (Noes: Halpin, Young, Burnside, Fitzsimmons and Franzese).
Doris Craig, Clerk, was asked to chair the meeting at this point, and she asked for nominations from the floor for Chairman of the Schuyler County Legislature for the year 1994.
MOTION by Halpin, SECOND by Young to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994.
MOTION by Hastings, SECOND by Smith to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994.
RESOLUTION NO. 37 Motion by Burnside, second by Karius.
RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed.
VOTE: Passed 8-0.
RESOLUTION NO. 38 Motion by Halpin, second by Young.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994.
Vote: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons.
RESOLUTION NO. 39 Motion by Hastings, second by Smith.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994.
VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese.
The meeting was turned back over to holdover Chairman Franzese.
It was decided to hold a Special Meeting of the Legislature on January 18, 1994 at 1:00 p.m. with the sole item of business being electing a Chairman of the Legislature for the year 1994.
NEW BUSINESS: None.
PUBLIC PARTICIPATION - 8:20 P.M.: None.
MOTION by Young, SECOND by Smith to go into Executive Session at 8:21 p.m. to discuss possible disciplinary action of an employee. Motion carried eight ayes to zero noes.
MOTION by Smith, SECOND by Burnside to come out of Executive Session at 8:57 p.m. Motion carried eight ayes to zero noes.
The meeting adjourned at 8:57 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
The January 18, 1994 Special Meeting of the Schuyler County Legislature was called to order at 1:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present. Chairman Franzese announced there would be an Executive Session at the end of business and turned the meeting over to Doris J. Craig, Clerk.
PUBLIC PARTICIPATION - 1:03 P.M.: There were approximately 20 persons present, including department heads and press. All comments made were either in support of Angeline Franzese as Chairman of the Legislature or Robert J. Fitzsimmons as Chairman of the Legislature. Public Participation was declared closed at 1:03 p.m.
RESOLUTION NO. 40 Motion by Young, second by Smith.
RE: RATIFICATION OF SPECIAL MEETING CALL
BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following item of business:
1. Appointment - Chair, Schuyler County Legislature - 1994
VOTE: Passed 8-0.
Doris Craig asked for nominations from the floor for Chairman of the Schuyler County Legislature for the year 1994.
MOTION by Young, SECOND by Burnside to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994.
MOTION by Hastings, SECOND by Smith to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994.
RESOLUTION NO. 41 Motion by Burnside, second by Karius.
RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed.
VOTE: Passed 8-0.
RESOLUTION NO. 42 Motion by Halpin, second by Young.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994.
Vote: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons.
RESOLUTION NO. 43 Motion by Hastings, second by Smith.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994.
VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese.
The meeting was turned back over to holdover Chairman Franzese.
MOTION by Hastings, SECOND by Smith to call a Special Meeting of the Legislature on January 28, 1994 at 2:00 p.m. in the Legislative Chambers for the purpose of electing a Chairman of the Legislature for the year 1994.
PUBLIC PARTICIPATION - 1:28 P.M.: Tom Ryan asked for the reason for the Executive Session at the end of the meeting. Chairman Franzese advised that it was to discuss a possible personnel litigation matter. There being no other public comment, Public Participation was declared closed at 1:31 p.m.
Chairman Franzese declared a five minute recess. The meeting was called back to order at 1:38 p.m.
MOTION by Smith, SECOND by Fitzsimmons to go into Executive Session at 1:38 p.m. to discussion possible litigation on a personnel matter. Motion carried eight ayes to zero noes.
MOTION by Burnside, SECOND by Fitzsimmons to come out of Executive Session at 2:06 p.m. Motion carried eight ayes to zero noes.
The meeting adjourned at 2:06 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
The January 28, 1994 Special Meeting of the Schuyler County Legislature was called to order at 2:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Burnside and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present.
Legislator Hastings requested a Democratic caucas, and the request was seconded by Legislator Fitzsimmons. Chairman Franzese questioned the appropriateness of this stating the Rules do not allow for this. County Attorney Coleman responded as long as it is a genuine caucas, the Rules can be suspended to allow for it.
MOTION by Smith, SECOND by Karius to suspend the Rules of Procedure to allow for a democratic caucas. Motion carried five ayes to three noes. (Noes: Halpin, Young and Franzese). The meeting recessed at 2:08 p.m. The meeting was called back to order at 2:14 p.m. and the meeting was turned over to Doris J. Craig, Clerk.
PUBLIC PARTICIPATION - 2:15 P.M.: Don Kosty, Tyrone, asked the legislators to consider the fact that the Republican party and part of the Democratic party support Robert Fitzsimmons as Chairman and this could be seen as a common bond. Pat Redick, Reading, spoke in favor of Angeline Franzese as Chairman.
RESOLUTION NO. 44 Motion by Karius, second by Young.
RE: RATIFICATION OF SPECIAL MEETING CALL
BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following item of business:
1. Appointment - Chair, Schuyler County Legislature - 1994
VOTE: Passed 8-0.
Doris Craig asked for nominations from the floor for Chairman of the Legislature for the year 1994.
MOTION by Smith, SECOND by Hastings to nominate Robert J. Fitzsimmons as Chairperson of the Schuyler County Legislature for the year 1994.
MOTION by Halpin, SECOND by Young to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1994.
RESOLUTION NO. 45 Motion by Young, second by Smith.
RE: CLOSE NOMINATIONS - 1994 CHAIRPERSON SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1994 Chairperson of the Schuyler County Legislature be closed.
VOTE: Passed 8-0.
RESOLUTION NO. 46 Motion by Hastings, second by Smith.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Robert J. Fitzsimmons be Chairperson of the Schuyler County Legislature for the year 1994.
VOTE: FAILED 4-4. Noes: Halpin, Young, Burnside & Franzese.
RESOLUTION NO. 47 Motion by Halpin, second by Young.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1994
BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1994.
Vote: FAILED 4-4. Noes: Hastings, Karius, Smith & Fitzsimmons.
PUBLIC PARTICIPATION - 2:25 P.M.: None.
The meeting adjourned at 2:26 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
The February 14, 1994 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:33 p.m. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman arrived at 6:47 p.m. In the absence of the Clerk due to a death in the family, the Deputy Clerk was asked to read into the minutes a letter addressed to Doris Craig, Clerk received February 1, 1994 from Betty Glick, County Clerk, as follows:
"In view of the failure of the Schuyler County Legislature to select a Chairman within the time prescribed by County Law Section 151, it is now incumbent upon me to make such a selection in accordance with the cited statue.
I hereby appoint Angeline Franzese Chairman of the Schuyler County Legislature for the remainder of calendar year 1994; such appointment terminating by law December 31, 1994.
You should include this appointment in your official records and should forthwith confirm same with my appointee to determine acceptance. If the appointee accepts, she should be immediately sworn and file an oath and bond as required by law.
The incorporation of this letter into the minutes of the official proceedings of the Legislature should be the first order of business at the next regularly scheduled meeting.
Sincerely yours,
/s/ Betty
Betty V. Glick, County Clerk".
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced there is a possibility of one emergency resolution after an Executive Session at the end of the meeting.
PUBLIC PARTICIPATION - 6:38 P.M.: Casey Creamer commented on the standing committee appointments and felt that there may have been some politics involved. Chairman Franzese stated that she has been thinking about these appointments since October and gave much thought and study to the organization of the committee system in making those appointments. She noted that for committees with similar interests she tried to have common legislators, and further that she felt it was good to rotate legislators in order to educate them. She also indicated that she tried to have equal party representation on all committees and hopes that this will work in the best interest of the county. Legislator Smith requested that he be removed as Chair for the Mental Health Committee and have Legislator Fitzsimmons reinstated into that position since he has the experience. Chairman Franzese asked that Legislator Smith give it a chance. Public Participation was closed at 6:52 p.m.
RESOLUTION NO. 48 Motion by Young, second by Burnside.
RE: APPROVE MINUTES OF THE DECEMBER 13, 1993 REGULAR MEETING, DECEMBER 29, 1993 YEAR'S END MEETING AND JANUARY 3, 1994 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the December 13, 1993 Regular Meeting, December 29, 1993 Year's End Meeting and January 3, 1994 Organizational Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 49 Motion by Young, second by Smith.
RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR MATERIALS AND SUPPLIES FOR 1994
WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more then $10,000 and all contracts for Public Works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this Section.
NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for materials and supplies for 1994 and/or participate with the State of New York in its bids, and
BE IT FURTHER RESOLVED, that, as in the past, the Towns of Schuyler County and any municipality in Schuyler County so authorized by County Resolution be allowed to participate in said bids.
VOTE: Passed 8-0.
INTRO. NO. 2 - WITHDRAWN
RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR HIGHWAY ALARM SYSTEM AND LIGHTNING PROTECTION
WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 shall be awarded to the lowest responsible bidder after advertisement for sealed bids in the manner provided by said Section.
NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for (1) Highway Alarm System and Lightning Protection Rods as provided in the 1994 budget.
DISCUSSION: Legislator Burnside asked if this would be included in the building project. David Lisk, Building Maintenance Supervisor, said he felt it should be in the same group and he would need specifications. Legislator Young, Chairman of the Highway Committee, recommended this resolution be withdrawn.
RESOLUTION NO. 50 Motion by Young, second by Smith.
RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR TWO (2) NEW MATERIAL SPREADERS
WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 shall be awarded to the lowest responsible bidder after advertisement for sealed bids in the manner provided by said Section.
NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for two (2) new material spreaders as provided for in the 1994 budget.
VOTE: Passed 8-0.
RESOLUTION NO. 51 Motion by Young, second by Smith.
RE: APPOINTMENT OF HIGHWAY SUPERINTENDENT
BE IT RESOLVED, that John Shimonsky be appointed as Schuyler County Highway Superintendent for a four-year term effective January 1, 1994 through December 31, 1997.
DISCUSSION: Legislator Hastings commented that she felt Mr. Shimonsky was doing a wonderful job, but in the future the County should hire a Schuyler County resident that pays taxes in Schuyler County.
VOTE: Passed 8-0.
RESOLUTION NO. 52 Motion by Young, second by Smith.
RE: ACKNOWLEDGE APPOINTMENT OF DEPUTY HIGHWAY SUPERINTENDENT
BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges John Shimonsky's appointment of Terence E. Wolverton as Deputy Highway Superintendent for a four-year term effective January 1, 1994 through December 31, 1997.
VOTE: Passed 8-0.
RESOLUTION NO. 53 Motion by Young, second by Smith.
RE: AUTHORIZE HIRING OF KELLY SERVICES CLERICAL WORKER - MENTAL HEALTH
WHEREAS, a clerical employee is currently on disability with an anticipated return date of March 1, 1994, and temporary help is necessary to maintain coverage at both sites.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Mental Health Clinic be authorized to hire one clerical worker at a rate not to exceed $9.00 per hour through Kelly Temporary Services, 55 Ferris Street, Corning, NY 14830, on an as needed basis, retroactively to January 18, 1994 until March 1, 1994 or such time as the disabled employee returns to work, whichever is sooner; funding for such services is available in the 1994 budget in Account No. 4310.435.
VOTE: Passed 8-0.
RESOLUTION NO. 54 Motion by Hastings, second by Smith.
RE: CONTRACT - CIASCHI, DIETERSHAGEN, LITTLE & MICHELSON - 1994 - MENTAL HEALTH
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Ciaschi, Dietershagen, Little & Michelson in an amount not to exceed $1,500.00 for auditing services to Schuyler County for Mental Health Clinic CFR Audit for the year 1994; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 55 Motion by Hastings, second by Smith.
RE: CONTRACT - SCHUYLER COUNTY CHAPTER ARC, INC. - 1994 - MENTAL HEALTH
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Schuyler ARC, Inc. in an amount not to exceed $60,000.00 for services to the Schuyler County Community Services Board for the year 1994; agreement to be approved by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 56 Motion by Hastings, second by Smith.
RE: CONTRACT FOR PARENTING EDUCATION PROGRAM - MENTAL HEALTH
WHEREAS, there is an ongoing need for parenting education services in Schuyler County, and
WHEREAS, the Schuyler County Child Abuse Task Force, Inc. and the Cornell Cooperative Extension of Schuyler County, in cooperation with Schuyler County Youth Bureau and Schuyler County Mental Health Clinic have provided a well-received and successful parent training and nurturing program in 1992 and 1993, and
WHEREAS, funding is needed to continue to provide for children and parents who are still in need of these services, and
WHEREAS, funding is available through NYS Office of Mental Health to support prevention, consultation and education activities in the County, with no cost to the County.
NOW, THEREFORE, BE IT RESOLVED, the Chairman of this Legislature be, and hereby is, authorized to sign a contract with Schuyler County Child Abuse Task Force, Inc. and Cornell Cooperative Extension of Schuyler County for parenting education services through Community Support Program (CSP) funding, not to exceed $3,200, contract subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 57 Motion by Smith, second by Burnside.
RE: CONTRACT - SCHUYLER HOSPITAL, INC. - 1994 - MENTAL HEALTH
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Schuyler Hospital, Inc., in an amount not to exceed $165,000.00 for alcohol treatment and prevention services to the Schuyler County Community Services Board for the year 1994; said subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 58 Motion by Smith, second by Burnside.
RE: CONTRACT - COUNCIL ON ALCOHOLISM OF THE FINGER LAKES, INC.
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with The Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., for the year 1994, in an amount not to exceed $56,000, said sum having been budgeted in the 1994 budget from 100% New York State monies; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 59 Motion by Smith, second by Burnside.
RE: TERMINATE LEASE AGREEMENT - SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL
WHEREAS, Cooperative Extension of Schuyler County (Child Care Coordinating Council) had entered into a one year lease with the County for office space at the Rural Urban Center, and
WHEREAS, said space is no longer large enough and alternate space has been found, and
WHEREAS, the Child Care Coordinating Council has vacated said office as of November 1, 1993.
NOW, THEREFORE, BE IT RESOLVED, that as of January 31, 1994 the Schuyler County Child Care Coordinating Council be released from the Lease Agreement with Schuyler County which began September 1, 1993 and was to end August 31, 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 60 Motion by Young, second by Karius.
RE: AUTHORIZE ANNUAL MAINTENANCE CONTRACT WITH DUPLICATING PRODUCTS, INC. FOR SHARP COPIER - REAL PROPERTY TAX SERVICE AGENCY
WHEREAS, the warranty is expired for the Sharp copier (model number SF-8300) in the Real Property Tax Service Agency and an annual maintenance agreement is available for $378.00.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a maintenance agreement on the aforementioned; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 61 Motion by Young, second by Karius.
RE:AUTHORIZE BIDS FOR ABSTRACTING SERVICES FOR 1994 TAX AUCTION PROPERTIES - REAL PROPERTY TAX SERVICE AGENCY
BE IT RESOLVED, that the Clerk of this Legislature be, and hereby is, authorized to advertise for bids for abstracting services for the 1994 tax auction properties, and
BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 p.m. on March 3, 1994 by the Clerk of the Legislature. Bids are to be opened and considered at the Finance Committee Meeting on March 4, 1994 at which time recommendation for Legislative action will be made; acceptance or rejection of bids to be made at the March 14, 1994 Regular Meeting of the Legislature; the County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 8-0.
RESOLUTION NO. 62 Motion by Young, second by Karius.
RE: SET DATE - 1994 TAX SALE AUCTION
BE IT RESOLVED, that the 1994 Tax Sale Auction be scheduled for the 10th day of September, 1994 at 10:00 a.m. in the Rural Urban Center, 208 Broadway Street, Montour Falls, New York.
VOTE: Passed 8-0.
RESOLUTION NO. 63 Motion by Smith, second by Young.
RE: APPROVE APPLICATION FOR CORRECTED TAX ROLL - TOWN OF CAYUTA - JAN. 1, 1994 LEVY
WHEREAS, the Real Property Tax Director has received applications for correction of tax map parcels 115.-1-14.2 & 115.-1-14.12, owned by Burt & Carol Denson and for tax map parcels 115.-1-14.112 & 115.-1-14.113, owned by Leroy & Corrie Denson due to Real Property Tax Law Section 550(1)i (an entry on a tax roll which is incorrect by reason of a mistake in transcription of a relevied school tax) and,
WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee that said application be approved based upon the determination of findings.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute approval of said application, authorizing the aforementioned applications.
VOTE: Passed 8-0.
RESOLUTION NO. 64 Motion by Smith, second by Young.
RE: AUTHORIZE APPLICATION FOR CORRECTED TAX ROLL - TOWN OF READING - JAN 1, 1994 LEVY
WHEREAS, the Real Property Tax Director has received an application for a correction to the tax roll for parcel 52.-1-11, owned by the Village of Watkins Glen, due to Real Property Tax Law Section 550(7)a (an assessment of wholly exempt property on the taxable portion of the tax roll) and,
WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee that said application be approved based upon the determination of findings.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute approval of said application, authorizing the aforementioned application, and
BE IT FURTHER RESOLVED, that the County Treasurer make an adjustment to the Town of Reading in the amount of $56.39 for the 1995 due county.
VOTE: Passed 8-0.
RESOLUTION NO. 65 Motion by Smith, second by Young.
RE: AUTHORIZE SOFTWARE/HARDWARE UPGRADE - REAL PROPERTY TAX SERVICE AGENCY
WHEREAS, there are funds in the 1994 Central Data Processing Budget for a Novell netware upgrade in the amount of $2,300.00 and,
WHEREAS, the network servicing the Real Property Tax Service Agency, Home Health Agency, Watershed Department, Civil Service/Personnel Department and the Legislative Office need additional hard drives (640 MG ESDI Drive & 170 MG IDE drive), a 3 1/2 floppy drive and a tape back-up unit to accommodate existing and future needs, at a cost not to exceed $2,350.00, that can be funded from a transfer in the central data processing budget, and
WHEREAS, these requests have been reviewed and approved by the Computer Coordination Committee.
NOW, THEREFORE, BE IT RESOLVED, that the Real Property Tax Service Agency be authorized to purchase a Novell netware upgrade at a cost not to exceed $2,300.00 with 1994 budgeted funds and purchase additional hard-drive(s) and a tape back-up device at a cost not to exceed $2,350.00 from a fund transfer in Central Data Processing, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer funds from Account No. 1680.426 to Account No. 1680.200 in the amount of $2,350.00 to cover the cost of the hardware.
VOTE: Passed 8-0.
RESOLUTION NO. 66 Motion by Young, second by Burnside.
RE: SOFTWARE SUBSCRIPTION SERVICE AGREEMENT - TREASURER'S OFFICE
WHEREAS, the annual fee for software subscription & telephone hot line support for KVS software utilized by the Treasurer's Office from KVS Information Systems will be $6,390.75 from January 1, 1994 through December 31, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a contract for annual software subscription and telephone hot line support services through KVS Information Systems in the amount of $6,390.75, to be funded from the 1680.532 Central Data Processing account, subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 67 Motion by Young, second by Burnside.
RE: RESOLUTION ESTABLISHING CHARTER MEMBERSHIP IN THE "X" COUNTY GIS COOPERATIVE AND SUPPORTING THE STCRP&D BOARD APPLICATION FOR SARA FUNDING
WHEREAS, GIS (Geographic Information Systems) is a computer technology that combines the power of database applications with the ability to associate database records with computer graphics to produce "smart maps", and
WHEREAS, the "X" County Cooperative For Effective Implementation of GIS Technology was created to establish a cooperative statewide board of county representatives to move forward to meet the need for coordination, and
WHEREAS, Southern Tier Central Regional Planning and Development Board, as the intended administrative support group for this board is making application on their behalf for a grant of money from the State Archives and Records Administration of the New York State Department of Education, to provide for the cost of support of the activities of the Cooperative.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature of Schuyler County hereby wishes to become a charter member of the "X" County Cooperative and commits to using it as the appropriate body and forum for statewide coordination of development of GIS technology, and
BE IT FURTHER RESOLVED, that we hereby appoint Rhonda Darling to serve as our representative to the Cooperative Board.
VOTE: Passed 8-0.
RESOLUTION NO. 68 Motion by Young, second by Burnside.
RE: COUNTY SEAL FOR SUBROGATION OF BENEFITS
WHEREAS, SSL 366 and New York State Department of Social Services Administrative Directive 92 ADM 19 require the local district of Social Services in certain circumstances to obtain subrogation of Third Party Health Insurance benefits from legally responsible relatives/absent parents on behalf of the Department to offset medical assistance costs or in pursuit of a child support court order, and
WHEREAS, the letters requesting subrogation of benefits requires a district seal, and
WHEREAS, the district uses the county seal.
NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature or her designee be, and hereby is, authorized to affix the county seal to the subrogation letters.
VOTE: Passed 8-0.
RESOLUTION NO. 69 Motion by Smith, second by Hastings.
RE: WAIVE THE REQUIREMENT FOR TRANSFER OF FUNDS - WATERSHED
WHEREAS, the Rules of Procedure of the Schuyler County Legislature require committee approval of any expenditure not included in the budget, and
WHEREAS, the Watershed Department has received a car insurance bill for $578.00 and has only budgeted $550.00 for 1994 in Account No. 4050.418.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby waive Rule 22 for the committee approval for payment of the $578.00 car insurance bill, and
BE IT FURTHER RESOLVED, that this Legislature does approve the payment of this amount and the transfer of $28.00 from Account 4050.444 to Account No. 4050.418.
VOTE: Passed 8-0.
RESOLUTION NO. 70 Motion by Smith, second by Hastings.
RE: APPROVE HIGHWAY DEPARTMENT PURCHASE OF (1) MATERIAL SPREADER
WHEREAS, the Highway Committee approved the purchase of one (1) material spreader, and
WHEREAS, the 1993 machinery budget contained sufficient monies to cover the cost of one (1) material spreader.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the purchase of one (1) material spreader at a cost of $4,900 from Acct. No. 5130.262.
VOTE: Passed 8-0.
RESOLUTION NO. 71 Motion by Smith, second by Hastings.
RE: WAIVER OF RESOLUTION NO. 345-85/AUTHORIZATION TO PROCEED WITH PROJECT SPECIFICATIONS RELATIVE TO CARPETING
WHEREAS, carpeting for the Family Court Room and the south court office were included in the specifications for the Schuyler County Court House Addition & Renovation Project, and this is consistent with present carpeting in these areas, and
WHEREAS, the County policy, per Resolution No. 345-85, is that any carpeting in county facilities must be approved by the Legislature.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature approves the installation of carpet in the above two referenced areas only.
VOTE: Passed 8-0.
RESOLUTION NO. 72 Motion by Karius, second by Burnside.
RE: AUTHORIZE CHANGE ORDER GC-2 - CONTRACT WITH MC GUIRE & BENNETT, INC.
WHEREAS, the general contractors, McGuire & Bennett, Inc. presented a proposal letter dated 12/14/93 regarding changing the date of substantial completion due to unforeseen conditions of the east foundation wall, and
WHEREAS, on 2/1/94 the Building Project Committee reviewed the Change Order in reference to the contract with McGuire & Bennett, Inc. dated 7/28/93 and recommends authorization of GC-2, as follows:
1. The date of Substantial Completion will be on or about September 2, 1994.
2. The date of Substantial Completion will be contingent upon the ability or lack thereof to work during the winter months as well as any other unanticipated delays.
Contract sum prior to this Change Order $1,303,754
Contract sum increased by this Change Order -0-
New contract sum will be $1,303,754.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize Chairman Franzese to sign Change Order GC-2, upon approval of the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 73 Motion by Karius, second by Burnside.
RE: CONTRACT RENEWAL - TOMPKINS COMMUNITY HOSPITAL FOR PHYSICAL THERAPY
WHEREAS, the Home Health Agency would like to renew its contract with Tompkins Community Hospital for physical therapy from 2/1/94 to 1/31/95, and
WHEREAS, Tompkins Community Hospital has requested a 4% rate increase of $1.47 per hour, raising the rate to $38.22 per hour, and a mileage reimbursement rate of $0.28 per mile.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Tompkins Community Hospital for physical therapy services from 2/1/94 to 1/31/95 at the rate of $38.22 per hour plus mileage at the rate of $0.28 per mile; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 74 Motion by Karius, second by Burnside.
RE: AUTHORIZE PREPAYMENT OF VOUCHER - COUNTY HISTORIAN
BE IT RESOLVED, that the Schuyler County Legislature hereby approves prepayment of the mileage voucher submitted by the County Historian to the Legislative Committee on February 10, 1994 for expenses accrued in 1993 in the amount of $620.15, and
BE IT FURTHER RESOLVED, that the County Treasurer is authorized to transfer all funds remaining in the 1993 7510.4 accounts to Account No. 7510.430 to cover this voucher.
VOTE: Passed 8-0.
RESOLUTION NO. 75 Motion by Halpin, second by Burnside.
RE: AUTHORIZE COMPENSATION TO COUNTY VETERINARIANS
WHEREAS, Dr. Frank Fielder, County Veterinarian, verbally resigned in 1993, and
WHEREAS, it is necessary to use the services of county veterinarians to organize Rabies Clinic, and
WHEREAS, it is the recommendation of the Public Health Committee to increase the hourly rate paid to veterinarians for their services from $20.00 per hour to $25.00 per hour.
NOW, THEREFORE, BE IT RESOLVED, that the Public Health Agency be authorized to use the services of county veterinarians for assistance with County Rabies Clinics at an hourly rate of $25.00 per hour.
VOTE: Passed 7-0. (Abstention: Fitzsimmons)
RESOLUTION NO. 76 Motion by Halpin, second by Burnside.
RE: AUTHORIZATION TO ADVERTISE FOR BIDS - SENECA HARBOR PARK
BE IT RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to advertise for bids for the repair of the Breakwater at Seneca Harbor Park, and
BE IT FURTHER RESOLVED, that all bids must be sealed and received by the Clerk of the Schuyler County Legislature at the Court House, Franklin Street, Watkins Glen, New York 14891 no later than 5:00 p.m. on March 3, 1994 to be opened by the Community Development, Planning & Expansion Committee on March 4, 1994 at 9:00 a.m. and recommendation made to the entire Legislature for acceptance or rejection at the March 14, 1994 Regular Meeting of the Legislature; the Schuyler County Legislature reserves the right to accept or reject any and all bids.
VOTE: Passed 8-0.
RESOLUTION NO. 77 Motion by Halpin, second by Burnside.
RE: AWARD QUOTE TO SCHAMEL BROTHERS FOR FISHING PIER RECONNECTION
WHEREAS, Hunt Engineers has solicited several quotes for the reconnection of the Watkins Glen Fishing Pier, and
WHEREAS, Schamel Brothers has made the lowest cost proposal at $3,721.00, and
WHEREAS, Hunt Engineers advises acceptance of same.
NOW, THEREFORE, BE IT RESOLVED, that the reconnection of the Watkins Glen Fishing Pier be awarded to Schamel Brothers in the amount of $3,721.00.
VOTE: Passed 8-0.
RESOLUTION NO. 78 Motion by Smith, second by Burnside.
RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT
WHEREAS, representatives of the County have engaged in Collective Bargaining with the Civil Service Employees Association, Inc. for employees in the Schuyler County Administrative Unit, and
WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years, 1994, 1995, and 1996 was reached with respect to employees in the Schuyler County Administrative Unit, and
WHEREAS, the agreement has been duly ratified by the employees of the aforesaid bargaining unit on February 10, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve of the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Administrative Unit, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the aforementioned agreement.
VOTE: Passed 8-0.
RESOLUTION NO. 79 Motion by Fitzsimmons, second by Young.
RE: BENEFITS FOR SCHUYLER COUNTY EMPLOYEES NOT COVERED BY A BARGAINING AGREEMENT FOR 1994, 1995, AND 1996
BE IT RESOLVED, that all Schuyler County Employees, not covered by a bargaining agreement, shall receive the employee benefits provided in the Administrative Unit Contract for the years 1994, 1995 and 1996, in all matters not otherwise resolved.
VOTE: Passed 8-0.
RESOLUTION NO. 80 Motion by Fitzsimmons, second by Young.
RE: PROCLAIM 1994 EMPLOY OLDER WORKERS WEEK
WHEREAS, workers aged 55 and older are vital to the productivity and continued growth of the economy in Schuyler County, and
WHEREAS, mature workers offer a lifetime of on-the-job experience, a strong work ethic and communication skills, and
WHEREAS, mature workers serve as important role models for younger participants in the workforce, and
WHEREAS, March 6-12, 1994 is National Employ Older Workers Week, and
WHEREAS, member agencies on the Mature Workers Coordination Committee will recognize nine outstanding companies or agencies, employers who demonstrate they value the skills and contributions of mature workers by employing individuals aged 55 and older in Schuyler, Steuben and Chemung counties.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim the week of March 6-12, 1994 as EMPLOY OLDER WORKERS WEEK in Schuyler County.
VOTE: Passed 8-0.
RESOLUTION NO. 81 Motion by Fitzsimmons, second by Young.
RE: AUTHORIZE COMPENSATION TO SCIDA
WHEREAS, the County Legislature is seeking to provide the best and most cost-effective approach for the County to carry out its planning and economic development responsibilities in the future, and
WHEREAS, SCIDA is an autonomous agency working towards development in Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature will compensate SCIDA in the amount of $10,000 for the year 1994, in quarterly payments of $2,500 upon presentation of a properly documented voucher, in lieu of the in-kind services which have been provided by the Schuyler County Planning Department.
VOTE: Passed 8-0.
RESOLUTION NO. 82 Motion by Fitzsimmons, second by Burnside.
RE: AUTHORIZE CREATION AND HIRING OF CUSTODIAN POSITION - BUILDINGS AND GROUNDS DEPARTMENT
WHEREAS, it is the desire of the Buildings and Grounds Department to move in the direction of doing most of the office cleaning in the evening hours, and
WHEREAS, it is appropriate to have someone in a leadership role during the evening hours, and
WHEREAS, the Civil Service Commission has reviewed the duties statement and has titled this new position as Custodian.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Building Maintenance Supervisor to hire one Custodian to work the evening shift, and
BE IT FURTHER RESOLVED, that said position be 40 hours per week and pay Grade X with a starting salary of $15,265 for 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 83 Motion by Fitzsimmons, second by Burnside.
RE: RESOLUTION FOR SURRENDER OF DRAINAGE EASEMENT
WHEREAS, in 1939, one C.M. Howell and wife did grant to the County of Schuyler a drainage easement over certain premises in the vicinity of County Route 2 by Deed recorded in the Schuyler County Clerk's Office in Liber 83 of Deeds at Page 401, and
WHEREAS, said easement allegedly adversely affects the title to premises now owned by John Carlucci and Verna Gehring, his wife, and
WHEREAS, the County Highway Superintendent finds that no useful purpose would be served by retention of this easement.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a Release and Surrender of said easement in the hereunto annexed (on file).
VOTE: Passed 7-0. (Abstention: Karius)
RESOLUTION NO. 84 Motion by Fitzsimmons, second by Burnside.
RE: TAXES ON LAND PURCHASED BY THE UNITED STATES GOVERNMENT
WHEREAS, the United States Government has purchased the following parcels of land:
TAX MAP NUMBER RECORDED
2.-1-40.111 Liber 298, Page 510, 12/29/93
45.-1-9 Liber 298, Page 398, 12/21/93
45.-1-10 Liber 298, Page 398, 12/21/93
33.-1-90 Liber 297, Page 43, 12/28/92, and
WHEREAS, Section 558 of the Real Property Tax Law requires the cancellation of any tax liens which are not enforceable against property of the United States and allows for the chargeback of the town and relevied school taxes to the appropriate entities.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to cancel all county taxes levied after the recording of deeds on the above listed parcels and chargeback to the Town of Hector and the Watkins Glen Central School their portion of the taxes.
VOTE: Passed 8-0.
RESOLUTION NO. 85 Motion by Smith, second by Young.
RE: LASER PRINTER - TREASURER'S OFFICE
WHEREAS, the 1994 Central Data Processing budget includes $7,000 for a laser printer for the Treasurer's Office, and
WHEREAS, research into maintenance and operational costs for the printer originally budgeted for proved not to be cost effective.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to purchase a laser printer at a cost not to exceed $4200 that will be charged to the 1680.246 account, said purchase approved by the Computer Coordination Committee.
VOTE: Passed 8-0.
RESOLUTION NO. 86 Motion by Smith, second by Young.
RE: MILEAGE REIMBURSEMENT FOR CERTAIN VOLUNTEERS
WHEREAS, this Legislature has been informed that a change in the mileage allowance for certain volunteers would be detrimental and possibly lead to the loss of volunteer services.
NOW, THEREFORE, BE IT RESOLVED, that the mileage allowance for all RSVP volunteers who drive for any Schuyler County agency shall continue to be reimbursed at $.28 per mile upon presentation of a properly executed voucher.
VOTE: Passed 8-0.
RESOLUTION NO. 87 Motion by Smith, second by Young.
RE: AMEND RESOLUTION NO. 20-94 - 1994 SALARY SCHEDULE
WHEREAS, the collective bargaining agreement with the Schuyler County Administrative Unit has been duly ratified, and
WHEREAS, there are necessary corrections to the previously adopted salary schedule per Resolution No. 20-94.
NOW, THEREFORE, BE IT RESOLVED, that the 1994 Salary Schedule be adopted as amended and the amended document be made part of Resolution No. 20-94, said salary schedule to be published forthwith.
VOTE: Passed 8-0.
RESOLUTION NO. 88 Motion by Fitzsimmons, second by Halpin.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS - 121
PART-TIME ADMINISTRATIVE POSITIONS - 55
FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4
FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23
APPOINTMENTS:
EFFECTIVE
NAME TITLE DEPARTMENT DATE SALARY TYPE
ELECTED OFFICIALS
FRANZESE, Legislator Legislature 1/1/94- 5,000 Term
Angeline B. 12/31/95
FRANZESE, Chairman Legislature 1/1/94- 7,000 Term
Angeline B. 12/31/94
SMITH, Philip Legislator Legislature 1/1/94- 5,000 Term
12/31/95
FITZSIMMONS, Legislator Legislature 1/1/94- 5,000 Term
Robert J. 12/31/95
HASTINGS, Legislator Legislature 1/1/94- 5,000 Term
Patricia L. 12/31/95
HALPIN, Barbara Legislator Legislature 1/1/94- 5,000 Term
12/31/95
YOUNG, Charles Legislator Legislature 1/1/94- 5,000 Term
12/31/95
BURNSIDE, Legislator Legislature 1/1/94- 5,000 Term
Robert E. 12/31/95
KARIUS, Doris Legislator Legislature 1/1/94- 5,000 Term
12/31/95
MALONEY, Sheriff Sheriff 1/1/94- 42,000 Term
Michael J. 12/31/97
GLICK, Betty V. County Clerk County Clerk 1/1/94- 32,000 Term
12/31/97
ARGETSINGER, District District 1/1/94- 30,000 Term
J.C. Attorney Attorney 12/31/97
APPOINTED OFFICIALS
COLEMAN, James County Atty. County Atty. 1/1/94- 34,500 Term
12/31/95
HALPIN, James Public Public 1/1/94- 27,927 Term
Defender Defender 12/31/94
CRAIG, Doris J. Clerk of Legislature 1/1/94- 25,958 Term
Legislature 12/31/95
WILLIS, Gail M. Deputy Clerk Legislature 1/1/94- 20,519 Term
of Legislature 12/31/95
FAZZARY, Joseph Asst. Dist. District 1/1/94- 18,339 Term
Attorney Attorney 12/31/97
MAYO, Joanne Sec'y. to District 1/1/94- 9.0229 Term
Dist. Atty. Attorney 12/31/97 Hourly
EFFECTIVE
NAME TITLE DEPARTMENT DATE SALARY TYPE
PIERCE, Keith Correct. Ofr. Sheriff 1/3/93 9.60Hr Perm
WARREN, Donald Support Inv. Social Svcs. 1/3/94 16,141 Prov
FOLNSBEE, B. Soc. Welf. Ex.Social Svcs. 1/3/94 16,141 Prov
NAME TITLE DEPARTMENT DATE
OTHER:
COLLINS, Robert E. Legislator Legislature 12/31/93
(End of Term)
RESIGNATIONS:
GROOM, Mary Ann Personnel Clerk Civil Service 1/7/94
SUSPENSIONS:
MITCHELL, Lola M. Director Youth Bureau 1/11/94
(Without Pay)
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 7-0. (Abstention: Halpin)
RESOLUTION NO. 89 Motion by Fitzsimmons, second by Halpin.
RE: AUTHORIZE CONTRACT WITH COOPERATIVE EXTENSION FOR SOLID WASTE COORDINATOR
WHEREAS, Cooperative Extension has submitted a proposal for a Solid Waste Coordinator for Schuyler County, and
WHEREAS, there are monies in the 1994 budget allocated for same, and
WHEREAS, the position needs to be in place by April 1, 1994 for grant purposes.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to negotiate a contract with Cornell Cooperative Extension for a Solid Waste Coordinator position for Schuyler County at a cost not to exceed $25,000, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be further authorized to execute said contract; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $25,000 from account no. 8160.100 to appropriate contractual expense account to cover cost of same.
VOTE: Passed 7-1. No: Hastings.
RESOLUTION NO. 90 Motion by Fitzsimmons, second by Halpin.
RE: APPOINTMENT OF FINGER LAKES ASSOCIATION REPRESENTATIVE AND ALTERNATE FOR 1994
BE IT RESOLVED, that Angeline B. Franzese, Chairman of the Schuyler County Legislature, be appointed to represent Schuyler County on the Finger Lakes Association Board of Directors for 1994, and
BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce President, Maxine C. Neal, be designated as the official alternate to represent Schuyler County on the Finger Lakes Association Board of Directors with all rights and privileges appurtenant thereto, effective from the date of adoption through February 15, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 91 Motion by Hastings, second by Young.
RE: SUPPORT AND PARTICIPATION IN THE ECONOMIC DEVELOPMENT DISTRICT PROGRAM OF THE SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD AND REQUEST THAT THE ECONOMIC DEVELOPMENT ADMINISTRATION CONTINUE TO PROVIDE ADMINISTRATIVE FUNDING SUPPORT
WHEREAS, the Southern Tier Central Regional Planning and Development Board was created by resolution of two or more counties within the area comprised of Chemung, Schuyler and Steuben Counties, pursuant to Article 12-B of the General Municipal Law of the State of New York, and
WHEREAS, in October 1972 the Counties of Chemung, Schuyler and Steuben adopted resolutions requesting that the Southern Tier Central Planning and Development Board be designated as the Economic Development District agency under the Public Works and Economic Development Act of 1965, and
WHEREAS, the Economic Development Administration has declared that all three counties are eligible for certain benefits under the provisions of the Public Works and Economic Development Act of 1965, as amended, thereby making available both emergency and normal funding grants to assist the region in its economic development activities.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature of the County of Schuyler does hereby continue to support and participate in the Economic Development District Program of the Southern Tier Central Regional Planning and Development Board. The County provides local share funding to assist the District in utilization of EDA administrative grant funds to carry on a region-wide program of economic activities to improve the local economy, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature requests that the Economic Development Administration continue to provide admini-strative funding support to the Southern Tier Central Regional Planning and Development Board as the designated and established Economic Development District for the Southern Tier Region of the State of New York.
VOTE: Passed 8-0.
RESOLUTION NO. 92 Motion by Hastings, second by Young.
RE: PREPAYMENT OF CLAIMS
BE IT RESOLVED, that the Schuyler County Legislature does hereby approve prepayment of claims only in accordance with the provisions of County Law Section 369, upon advice of the New York State Office of Audit & Control.
VOTE: Passed 8-0.
RESOLUTION NO. 93 Motion by Hastings, second by Young.
RE: AUTHORIZE TEMPORARY HELP - TREASURER'S OFFICE
WHEREAS, the Treasurer's Office currently has an employee out on disability which may necessitate hiring temporary help to maintain the operation of the office.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve hiring temporary help either through Civil Service or a temporary service agency if deemed necessary, said action subject to approval of the Personnel Director.
VOTE: Passed 8-0.
RESOLUTION NO. 94 Motion by Smith, second by Fitzsimmons.
RE: ABOLISH ONE FULL-TIME REAL PROPERTY TECHNICIAN POSITION - REAL PROPERTY TAX SERVICE AGENCY
BE IT RESOLVED, that one full-time position of Real Property Technician in the Real Property Tax Service Agency be, and hereby is, abolished, effective February 15, 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 95 Motion by Smith, second by Fitzsimmons.
RE: AUTHORIZE ANNUAL TAX MAP MAINTENANCE CONTRACT - REAL PROPERTY TAX SERVICE AGENCY
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an annual tax map maintenance contract with Weiler Mapping in the amount of $10,000.00 for the year 1994, subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 96 Motion by Smith, second by Fitzsimmons.
RE: POSTPONE DUE DATE FOR 1994 GOALS OF DEPARTMENT HEADS
WHEREAS, the Administrative Committee is planning a department head's workshop to provide guidelines for establishing goals for 1994, and
WHEREAS, that workshop is tentatively scheduled for February 25.
NOW, THEREFORE, BE IT RESOLVED, that the deadline for Department Heads to submit 1994 goals shall be extended to April 1, 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 97 Motion by Hastings, second by Young.
RE: ONE-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1994 to the following programs, boards and councils, to wit:
BEAVER DAMS: Roger Bebout
George Miller
BURDETT: Mark Martin
Roy Stegner
MECKLENBURG: William Ward
Jay Russell
MONTEREY: Mike Pierce
Ron Ames
MONTOUR FALLS: James Hoxie
Mike Davis
ODESSA: Robert Burns
TYRONE: William Kennedy
Tom Dykes
V.L. HECTOR: Tom Harbot
WATKINS GLEN: Ted Specchio
John Barton Catharine
Marion Boyce Dix
Linn Henry Hector
William Menzi Montour
George Ferri Orange
Kaye Anderson Reading
Dale Walters Burdett
Steven Kenyon Montour Falls
David W. Lisk Odessa
Josephine Wright Watkins Glen
Jim Guild Business Interest
Hazel Shader Farming Interest
Bill Newell Tourist Interest
Barbara Chapman Medical Interest
Robert Swinnerton Medical Alternate
Rocco Fragola Industrial Interest
Antoinette Martin Industrial Alternate
John Shimonsky Ex-Officio
Tom McGarry Ex-Officio
Tom Brace Ex-Officio
VOTE: Passed 8-0.
RESOLUTION NO. 98 Motion by Halpin, second by Young.
RE: TWO-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1995 to the following programs, boards and councils, to wit:
DISCUSSION: Legislator Hastings had originally moved this introduction, however after expressing opposition to not having the Chair of the Planning Committee appointed to the Industrial Development Agency, she withdrew her motion.
VOTE: Passed 6-2. (Noes: Karius & Hastings).
RESOLUTION NO. 99 Motion by Halpin, second by Young.
RE: FOREST PRACTICE BOARD
BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of David Skeval to the Forest Practice Board for the term January 1, 1994 through December 31, 1996.
VOTE: Passed 8-0.
RESOLUTION NO. 100 Motion by Hastings, second by Karius.
RE: HISTORIAN AND DEPUTY HISTORIAN
BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of Barbara Bell as Historian and Louise Stillman as Deputy Historian for the year 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 101 Motion by Hastings, second by Karius.
RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS
WHEREAS, the bills have been audited and ordered paid.
NOW, THEREFORE, BE IT RESOLVED, that Abstract 1 of 1994, bills numbered as follows: General Fund #0001 - #0686, #0764; Capital General Fund #0687 - 0700; Trust Fund #0557; County Road Fund #0701 - #0719; #H1 - #H19; Machinery Fund #0720- #0763; #H20 - #H63, as certified by the Chairman and Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and
BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed.
I General Fund
Human Services Committee $ 24,526.50
Legislative Committee 5,576.63
Agriculture/Natural Resource 12,250.00
Finance Committee 9,205.82
Administrative Committee 10,102.73
Corrections, Refor. & Ed. 20,244.83
Co. Clerk/Elections Comm. 2,262.87
Public Health Committee 45,476.62
Mental Health Committee 63,087.85
Public Safety Committee 40,095.67
Assessment/Taxation Comm. 10,647.48
Buildings & Grounds Comm. 54,490.50
Community Development,
Planning & Expansion 21,371.21
Highway Committee 71.27
Total General Fund..........$324,409.98
II Capital General Fund
Total Capital General Fund..$ 58,421.98
III Trust Fund
Gazebo Fund $ 23.00
IV County Road Fund
Highway Committee $ 25,839.13
Total County Road Fund......$ 25,839.13
V Machinery Fund
Highway Committee $ 14,532.80
Total Machinery Fund........$ 14,532.80
TOTAL AUDIT.....$423,226.09
APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig
Chairman Deputy Clerk
Schuyler County Legislature Schuyler County Legislature
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Halpin reported that there will be a Building Project Committee meeting March 1st at 9:00 a.m. with the Communications Consultant and urged all legislators to attend.
UNFINISHED BUSINESS: MOTION by Young, SECOND by Burnside to bring Resolution No. 521 off from the table. Motion carried eight ayes to zero noes. Legislator Smith respectfully requested that the question be divided into two portions. After lengthy discussion, Chairman Franzese stated that Mr. Smith's request is not debatable and the question was divided into two parts. After more lengthy discussion, MOTION by Hastings, SECOND by Halpin to "call for the question".
RESOLUTION NO. 521 Motion by Young, second by Halpin.
RE: APPOINTMENTS - SCIDA
WHEREAS, J. William Moffett and C. LaMont Stamp have completed their terms as members of the SCIDA Board and do not wish to be reappointed, the Schuyler County Legislature wishes to extend its sincere gratitude to both of these men for their years of service.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves Chairman Franzese's appointment of Dirk Stephens to the Schuyler County Industrial Development Agency for the term 1/1/94 -12/31/96, and
BE IT FURTHER RESOLVED, that the original Certificate of Appointment be forwarded to the Department of State (Division of Miscellaneous Records) for recording.
VOTE: Passed 8-0.
RESOLUTION NO. 521B Motion by Young, second by Halpin.
RE: APPOINTMENTS - SCIDA
WHEREAS, J. William Moffett and C. LaMont Stamp have completed their terms as members of the SCIDA Board and do not wish to be reappointed, the Schuyler County Legislature wishes to extend its sincere gratitude to both of these men for their years of service.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves Chairman Franzese's appointment of Thomas Ryan to the Schuyler County Industrial Development Agency for the term 1/1/94 - 12/31/96, and
BE IT FURTHER RESOLVED, that the original Certificate of Appointment be forwarded to the Department of State (Division of Miscellaneous Records) for recording.
VOTE: FAILED 3-5. (Noes: Karius, Smith, Fitzsimmons, Hastings & Burnside)
Legislator Hastings requested the Chairman to consider suspension of the rules to allow the Legislature to vote upon another appointment to SCIDA. Attorney Coleman confirmed that as long as the Legislature is not committed to a new nomination process with SCIDA, a motion to suspend the Rules would be allowable. MOTION by Hastings to suspend the Rules.
RESOLUTION NO. 102 Motion by Hastings, second by Smith & Karius.
RE: APPOINTMENT - SCIDA
BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of David Kunzman to the Schuyler County Industrial Development Agency for the term 1/1/94-12/31/96, and
BE IT FURTHER RESOLVED, that the original Certificate of Appointment be forwarded to the Department of State (Division of Miscellaneous Records) for recording.
VOTE: Passed 8-0.
Chairman Franzese requested that the legislator who has a conflict of interest announce this conflict publicly as soon as possible as requested by the State auditors in December of 1993.
NEW BUSINESS: None.
PUBLIC PARTICIPATION - 8:43 P.M.: Casey Creamer was provided answers to Resolution No. 86. Lory Peck asked what the Executive Session was going to be about and Chairman Franzese advised it would be to discuss possible disciplinary action relative to an employee. Public Participation was closed at 8:48 p.m.
MOTION by Burnside, SECOND by Karius to go into Executive Session to discuss possible disciplinary action relative to an employee. Motion carried seven ayes to one no. (No: Smith).
MOTION by Fitzsimmons, SECOND by Young to empower the Chairman to negotiate a settlement agreement with Lola Mitchell as agreed upon in discussion tonight, and have Margaret Jensen, Personnel Director, be the supervisor for Lola Mitchell in accordance with the settlement agreement. Motion carried seven ayes to one no. (No: Hastings).
MOTION by Fitzsimmons, SECOND by Young to come out of Executive Session at 9:44 p.m. Motion carried eight ayes to zero noes.
RESOLUTION NO. 103 Motion by Fitzsimmons, second by Young.
RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that two (2) resolutions be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 104 Motion by Smith, second by Karius.
RE: AUTHORIZE CHAIRMAN TO SIGN AGREEMENT IN SETTLEMENT OF DISCIPLINARY CHARGES
WHEREAS, per Resolution No. 35 adopted January 14, 1994 this Legislature authorized the initiation of Section 75 Proceedings of the New York State Department of Civil Service Law regarding Lola Mitchell.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts Lola Mitchell's admission of the charges, to be evidenced by her execution of the Release and Waiver of All Rights and Agreement in Settlement of Disciplinary Charges referenced to below, and the penalty set forth in the settlement agreement in full resolution of this matter, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign the Release and Waiver of All Rights and Agreement in Settlement of Disciplinary Charges relative to this matter, as approved by Labor Counsel, Ronald Mendrick.
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 105 Motion by Karius, second by Hastings.
RE: INCREASE APPROPRIATIONS/TRANSFER OF FUNDS - SOIL & WATER CONSERVATION
BE IT RESOLVED, that this Legislature hereby authorizes the increase of 1994 appropriations for the Soil & Water Conservation Board from $49,000 to $51,100, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $2,100 from Contingency Account No. 1990 to Account No. 8710.565 to cover this increase.
VOTE: Passed 6-2. (Noes: Halpin & Franzese).
The meeting adjourned at 9:48 p.m.
Gail M. Willis, Deputy Clerk
The March 14, 1994 Regular Meeting of the Schuyler County Legislature was called to order by Acting Chairman Smith at 6:30 p.m. The Pledge of Allegiance was led by Legislator Fitzsimmons and followed by a Moment of Silence. ROLL CALL: All Legislators were present, except Chairman Franzese and Legislator Burnside, who were excused to attend a meeting in Washington, D.C. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Acting Chairman Smith advised there would be three emergency resolutions at the end of the regular agenda.
PUBLIC PARTICIPATION - 6:33 P.M.: Jean Kosty, Town of Tyrone, referencing an article in the Watkins Review & Express relative to Chairman Franzese's residence, asked if she had moved into the Bed & Breakfast Inn, which the Franzese's recently purchased. Mrs. Kosty stated, as Chairperson of the Republican Party, that prior to the elections she had received calls relative to Mrs. Franzese moving out of her district. Mrs. Kosty felt that the Legislature needs to look at this issue. Legislator Young explained that Chairman Franzese's residence suffered from severe plumbing problems and because the ground has been frozen, has not been able to resolve them. After further comment, Acting Chairman Smith asked Mrs. Kosty to return next month and ask Chairman Franzese directly. Casey Creamer, Burdett, asked why the Legislature adopted a resolution authorizing $.25 per mile reimbursement for employees not covered by a contract since this only affected management. He asked if the savings was worth the resentment and slow in productivity that was probably caused. Acting Chairman Smith said that one of the goals of negotiations was to reduce the mileage to $.25 per mile for all employees, however this was only successful with the Highway Unit. Acting Chairman Smith charged the Administrative Committee to study this issue. Bill Hayes spoke in favor of the positions to be created for the Mental Health Department on tonight's agenda. Mr. Hayes asked the Legislature to carefully consider these positions as the service delivery system is changing and there is an increase for mental health services in the community. Mary Wilson, Mental Health employee, spoke in support of the mental health positions stating that they are very important to the clinic. Mrs. Wilson said the positions do not affect the taxpayers and would bring state monies into Schuyler County. Mike Gehl, Administrator of The Falls Home, spoke in support of the mental health positions, also. Mr. Gehl commented that while they do not have a lot of clients with mental health problems, they do have a need for assistance with crisis intervention. Mr. Gehl said he has problems getting support from the mental health clinic because of lack of staff. Public Participation was closed at 6:52 p.m.
RESOLUTION NO. 106 Motion by Young, second by Fitzsimmons.
RE: AUTHORIZE LEASE AGREEMENT - CRAIG DDSO
WHEREAS, Craig Developmental Disabilities Service Office is in need of office space, and
WHEREAS, Schuyler County has an office located in the Rural Urban Center recently vacated by the Child Care Coordinating Council.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to enter into a lease agreement with Craig DDSO for approximately 332 square feet of space in the Rural Urban Center ar the rate of $9.00 per square foot per annum for the period commencing March 15, 1994 and terminating December 31, 1994; said lease to be prepared by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 107 Motion by Fitzsimmons, second by Young.
RE: STANDARDIZATION OF FIRE DETECTION AND ALARM EQUIPMENT
WHEREAS, the Emergency Management Coordinator and the Buildings and Grounds Supervisor recommend that the County of Schuyler standardize its fire detection and alarm equipment for all County buildings, and
WHEREAS, a substantial amount of equipment of the same make is presently being used by the County and that uniformity of this makes it essential to an economical and efficient operation, and
WHEREAS, the department heads have recommended standardization for the purpose of savings in maintenance costs and for the compatibility of interfacing in the communications center of the Sheriff's Department.
NOW, THEREFORE, BE IT RESOLVED, that in accordance with Section 103 of the General Municipal Law, and on the recommendation of the aforementioned department heads, the county, for reasons of economy and efficiency, standardizes fire detection and alarm equipment with Simplex Time Recorder Company.
VOTE: Passed 6-0.
RESOLUTION NO. 108 Motion by Fitzsimmons, second by Young.
RE: ESTABLISH 1994 SEASONAL RATE SCHEDULE FOR LAKEFRONT MARINA
WHEREAS, the sub-lease agreement entered into between Schuyler County Industrial Development Agency and Schamel Brothers on May 31, 1984 for the development of a marina, etc., provided that sub-lease, prior to January 25 of each lease year, provide a Season Rate Schedule with supporting documentation to SCIDA for its review and subsequent approval and recommendation to this Legislature and such approval has been given, and
WHEREAS, the Buildings and Grounds Committee of this Legislature has approved and submitted to this Legislature, Schamel Brothers' proposed Rate Schedule dated January 25, 1994 for its consideration and approval, and
WHEREAS, this Legislature has considered the Buildings and Grounds Committee's recommendation and concurs.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's March 1st-October 30th, 1994 Seasonal Rate Schedule:
DOCK WIDTH AMOUNT/FOOT MINIMUM WATER & ELECTRICITY
8' WIDE $24.00 $600.00 $80.00
10' WIDE 25.00 625.00 80.00
12' WIDE 26.00 650.00 80.00
14' WIDE 27.00 675.00 80.00
16' WIDE 28.00 700.00 80.00
Boat Lift Rental Sites $500.00
Dry Docking with Unlimited Use of Launch Ramp $325.00
NO ELECTRIC W/ 15 AMP HOOKUP W/ 30 AMP HOOKUP
Per Hour $ 1.00 $ 0 $ 0
Per Day 18.00 20.00 23.00
Per Week 108.00 120.00 138.00
Per Month 400.00 450.00 500.00
BE IT FURTHER RESOLVED, no further rate increases will be approved until a report on lake front marina payments to public entities is prepared.
VOTE: Passed 6-0.
RESOLUTION NO. 109 Motion by Fitzsimmons, second by Young.
RE: AUTHORIZE HIRING OF DIRECTOR OF OFFICE FOR THE AGING
WHEREAS, Richard E. Cole, Director of the Office for the Aging is retiring March 25, 1994.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature does hereby appoint Carol Bossard as the Director of the Office for the Aging at a annual salary of $26,500 for 1994, said appointment to be effective March 26, 1994.
VOTE: Passed 6-0.
RESOLUTION NO. 110 Motion by Karius, second by Hastings.
RE: COMMENDATION - RICHARD E. COLE - DIRECTOR OF OFFICE FOR THE AGING
WHEREAS, Richard E. Cole will be retiring effective March 25, 1994 as Director of the Office for the Aging for the County of Schuyler to join the ranks of retirement, and
WHEREAS, Dick helped establish the Schuyler County Office for the Aging, also known as the Area Agency on Aging, and has been its only Director, and
WHEREAS, he has given over fourteen years of service to the elderly residents of this County and, along with his dedicated staff, developed and fostered many excellent programs and services to improve the quality of life for the elderly, and
WHEREAS, the Schuyler County Legislature wishes to commend him for his years of service to Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature commends and thanks Richard Cole for his dedication and hard work in carrying out his duties as Director of the Office for the Aging and recognizes his many hours above and beyond the call of duty to help serve the citizens of this county, and
BE IT FURTHER RESOLVED, that this Legislature extends its sincere best wishes to Dick for a healthy, happy, well-deserved retirement, and
BE IT FURTHER RESOLVED, that a signed, sealed copy of this resolution be presented to Richard Cole as a token of our appreciation.
DISCUSSION: Legislator Hastings stated for the record, "In the short time I have been a legislator on this Board, there has not been a department head who has been more accommodating or more caring about the people in this County than Mr. Cole". Legislator Young seconded the comments.
VOTE: Passed 6-0.
RESOLUTION NO. 111 Motion by Karius, second by Hastings.
RE: AUTHORIZE ACCEPTANCE OF GRANT FOR ENERGY PACKAGING - DSS
WHEREAS, Schuyler County Department of Social Services has been awarded $22,430 in administrative funds by New York State Department of State to provide energy packaging activities to HEAP eligible households from November 1, 1993-October 31, 1994, according to an approved budget.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign the award letter to acknowledge terms and conditions of the grant; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 112 Motion by Karius, second by Hastings.
RE: AUTHORIZE AGREEMENT WITH SHERIFF'S DEPARTMENT FOR TRANSPORTATION - DSS
WHEREAS, New York State Division for Youth now allows for reimbursement of all direct costs related to transporting youth pending or adjudicated PINS/JD among other things to and from court, to and from detention facilities pursuant to a written agreement, and
WHEREAS, Schuyler County Sheriff's Department provides transportation to youth adjudicated and for pending adjudication as JD/PINS.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement between Schuyler County Department of Social Services and Schuyler County Sheriff's Department for youth transportation services for the period January 1, 1994-December 31, 1994 in an amount not to exceed $3,000.00 as budgeted in account no. 6010.4.5053; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 113 Motion by Hastings, second by Halpin.
RE: TRANSFER OF FUNDS - MENTAL HEALTH
WHEREAS, it is desirous to move the expenses for the copier machine from account no. 4310.434 Print and Xerox to account no. 4310.603 lease/purchase.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to create account no. 4310.603 and transfer funds totalling $3,200.00 from account no. 4310.434 to account no. 4310.603 in the 1994 Mental Health budget.
VOTE: Passed 6-0.
RESOLUTION NO. 114 Motion by Fitzsimmons, second by Halpin.
RE: ESTABLISH PETTY CASH FUND FOR INTENSIVE CASE MANAGEMENT (ICM)
WHEREAS, Resolution No. 336-93 authorized the pre-payment of expenses for the ICM Program, and
WHEREAS, the intent of this resolution was to establish a required petty cash fund for this program.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to reverse the expense in the amount of $200.00 charged to account no. 4310.385 and establish a petty cash fund in the amount of $500.00 for this program. Reimbursement of the petty cash fund by voucher in the monthly audit to be charged to account no. 4310.385.
VOTE: Passed 8-0.
RESOLUTION NO. 115 Motion by Hastings, second by Karius.
RE: CREATE AND FILL SUPERVISING SOCIAL WORKER - MENTAL HEALTH
WHEREAS, a Supervising Social Worker has been requested and approved in the 1994 State and Local Budgets for Schuyler County Mental Health Clinic, and
WHEREAS, the Civil Service Commission has approved a duties statement and minimum qualifications and has titled said position, and
WHEREAS, this position is necessitated by the increasing management and administrative workload and is essential to the continued smooth operation of our mental health services, and
WHEREAS, the approved funding for this position is supported by increased State Aid and Revenues so that it represents no increase in cost to the County.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the creation of a Supervising Social Worker in the Mental Health Department, Grade XXXI, salary $32,426 for 1994 and authorizes the Director of Community Services to advertise and fill such position, effective immediately. It is understood that this position will continue as long as the 100% State funding continues.
DISCUSSION: Legislator Hastings stated the Legislature works for the health and welfare of the county and she thinks that, although mental health is growing fast, we need the services. Acting Chairman Smith said the Legislature has traditionally worked in the committee system which delves into the issues quite strongly and comes up with a recommendation. These positions did pass in the Mental Health Committee 3-1. He further commented that there has been a change in state funding and duties are now being dumped on the county agencies by the state agencies. He feels we need to take advantage of the monies and use the services in the community while the money is available for the good of the constituents. Legislator Hastings asked Legislator Karius that, while it is okay to change your mind, if there is a problem with a resolution in Finance Committee, to get the answers then so there will not be a surprise before the entire Legislature. Legislator Halpin said she voted no in mental health because she felt she did not have enough information at the time. She said she did not fully realize the importance of these positions. She had studied the statistics and noticed hours of service were up, but not significantly. She said she has compared Mental Health with the Public Health Department, which she is fairly knowledgeable, and felt the administrative staffing was about the same and that their budget might even be more complex than mental health. She did not, however, realize people were being turned away from services. She feels that Schuyler County should get what they need and nothing more, not just because the money is there. Legislator Fitzsimmons pointed out that we should do this while the money is available because, as the state has done in the past, they could mandate we have these services and positions and then the money will not be available. We can cut back in the future if necessary. Acting Chairman Smith asked if the Board minded if Mr. Spilde commented and there were no objections. Mr. Spilde advised that he has asked for the Supervising Social Worker for four years and the Planner position for two years and provided a significant amount of information about the positions. There have been programs added and the administrative structure needs re-structuring. He further advised that these positions were approved for the 1994 budget and if they are not approved now, the county will lose the state aid. Legislator Hastings said we have to rely on the expertise of the people who run the departments and the respective committees, and "called for the question".
VOTE: Passed 6-0.
RESOLUTION NO. 116 Motion by Fitzsimmons, second by Hastings.
RE: FILL STAFF SOCIAL WORKER - MENTAL HEALTH
WHEREAS, due to the increasing workload, an additional Staff Social Worker has been requested and approved in the 1994 State and Local budgets for Schuyler County Mental Health Clinic, and
WHEREAS, the approved funding for this position is supported by increased State Aid and Revenues so that it represents no increase in cost to the County.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the creation of a Staff Social Worker in the Mental Health Department, Grade XXVIII, salary $25,874 for 1994 and authorizes the Director of Community Services to advertise and fill such position, effective immediately. It is understood that this position will continue as long as the 100% State Funding continues.
DISCUSSION: Legislator Hastings "called for the question".
VOTE: Passed 6-0.
RESOLUTION NO. 117 Motion by Fitzsimmons, second by Hastings.
RE: CREATE AND FILL PLANNING/BUDGET ASSISTANT - MENTAL HEALTH
WHEREAS, a Planning/Budget Assistant has been requested and approved in the 1994 State and Local Budgets for Schuyler County Mental Health Clinic, and
WHEREAS, the Civil Service Commission has approved a duties statement and minimum qualifications and has titled said position, and
WHEREAS, this position is necessitated by the increasing management and administrative workload and is essential to the continued smooth operation of our Local Governmental Unit, and
WHEREAS, the approved funding for this position is supported by increased State Aid and Revenues so that it represents no increase in cost to the County.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the creation of a Planning/Budget Assistant in the Mental Health/Community Services Department, Grade XXI, salary $18,820 for 1994 and authorizes the Director of Community Services to advertise and fill such position, effective immediately. It is understood that this position will continue as long as the 100% State funding continues.
VOTE: FAILED 4-2. (Noes: Halpin and Young)
RESOLUTION NO. 118 Motion by Halpin, second by Fitzsimmons.
RE: RENEW MAINTENANCE CONTRACT WITH SWIFT OFFICE EQUIPMENT FOR HOME HEALTH AGENCY COPIER
WHEREAS, the Home Health Agency would like to renew its copier maintenance contract with Swift Office Equipment on a monthly basis until the copier is replaced, and
WHEREAS, the contract would be effective from 3/1/94 until termination at a cost of $80.85 per month.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a maintenance contract with Swift Office Equipment for the Home Health Agency copier at a cost of $80.85 per month from 3/1/94 until termination; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 119 Motion by Hastings, second by Young.
RE: ACCEPT CONTRACT 1994 TAX AUCTION - MATSON AUCTION AND REAL ESTATE COMPANY
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Matson Auction and Real Estate Company to conduct the 1994 Schuyler County Tax Title Real Estate Auction on September 10, 1994 at a commission rate of six percent (6%); agreement subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 120 Motion by Hastings, second by Young.
RE: RESCIND RESOLUTION NO. 308-93 - MINIMUM BID PRICE FOR TAX AUCTION PARCEL
WHEREAS, Resolution No. 308-93 sets a minimum bid price for parcel 88.13-1-62 in the Village of Odessa, Town of Catharine (formerly DeSarno) and,
WHEREAS, it is the recommendation of the Assessment and Taxation Committee that said resolution be rescinded.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 308-93 be, and hereby is, rescinded.
VOTE: Passed 6-0.
RESOLUTION NO. 121 Motion by Hastings, second by Young.
RE: AUTHORIZE ADVERTISING FOR BID AND SALE - TAX DEED PARCELS REMAINING UNSOLD FROM TAX AUCTION
WHEREAS, the following properties were offered for sale at tax auction and remain unsold:
WHEREAS, pursuant to County Law Section 215, paragraph 8, the County may dispose of this real property as it sees fit, and
WHEREAS, it is the recommendation of the Assessment and Taxation Committee that the aforementioned properties be advertised for bid and sale.
NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to advertise for bids for the above mentioned real property, said bids to be received by the Clerk of the Legislature, Courthouse, 105 Ninth Street, Watkins Glen, New York, no later than Thursday, March 31, 1994 at 5:00 p.m. and opened and considered by the Finance Committee on Monday, April 4, 1994 at 9:30 a.m. with recommendation being made for action by the entire Legislature at its Regular Meeting, April 11, 1994. The County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 6-0.
RESOLUTION NO. 122 Motion by Hastings, second by Young.
RE: AUTHORIZE MAINTENANCE CONTRACT/HIGH SPEED PRINTER - TREASURER'S OFFICE
WHEREAS, it is the recommendation of the Assessment and Taxation Committee that there be an annual maintenance contract for the high speed printer in the Treasurer's office at a cost of approximately $117 per month ($1,404 per year).
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign an agreement for and annual maintenance contract for the aforementioned, subject to approval of the County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 123 Motion by Young, second by Fitzsimmons.
RE: APPLICATION FOR PRIVATE INDUSTRY COUNCIL'S (PIC) TITLE IIB SUMMER YOUTH AND EMPLOYMENT AND TRAINING PROGRAM GRANT
WHEREAS, Schuyler County has the highest youth unemployment rate of any county in New York State including counties of the New York City area, and
WHEREAS, the Chemung-Schuyler-Steuben Private Industry Council (PIC) awards grants for a summer youth program, and
WHEREAS, the Job Training Partnership Act (JTPA) has expanded this program to include both low-income and at-risk youth ages 14 to 18 years, and
WHEREAS, the Schuyler County Youth Bureau because of the Persons in Need of Supervision (PINS) Diversion Committee, and Runaway and Homeless (Community Care) Coordinator can identify these at-risk youth, and
WHEREAS, PIC has approached the Schuyler County Youth Bureau to apply for their Summer Youth Employment and Training Program (SYETP) grant.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau be authorized to apply for the Chemung-Schuyler-Steuben Private Industry Council's (PIC) Summer Youth Employment and Training Program (SYETP) monies, and
BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute any documents necessary to secure these SYETP funds through PIC, subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Youth Bureau Director be authorized to hire two Youth Employment Training Coordinators, one to start in April and one in June. Funds for both positions are 100% reimbursable through PIC.
VOTE: Passed 6-0.
RESOLUTION NO. 124 Motion by Young, second by Fitzsimmons.
RE: AUTHORIZE GRANT APPLICATION - ISTEA
WHEREAS, the New York State Department of Transportation is making available certain grant funds in conjunction with Federal Intermodal Surface Transportation Efficiency Act, better known as ISTEA, and
WHEREAS, the Director of Planning and Economic Development indicates that certain improvements to Seneca Harbor Park may be eligible for such funds.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to submit an application for up to $200,000.00 in said grant funds, and
BE IT FURTHER RESOLVED, that no local match, other than those expenditures to which the County has previously committed, shall be included in the grant application.
VOTE: Passed 6-0.
RESOLUTION NO. 125 Motion by Fitzsimmons, second by Young.
RE: ACCEPT/REJECT BIDS FOR IMPROVEMENTS TO SENECA HARBOR PARK
WHEREAS, Schuyler County advertised for sealed bids for improvements at Seneca Harbor Park, and
WHEREAS, such bids were opened and read aloud at 10:00 a.m. on March 2, 1994, and
WHEREAS, Hunt Engineers and Architects have recommended the acceptance of the bid by Silverline Construction as the lowest responsible bidder on both Base Bid No. 1 and Base Bid No. 2.
NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of Hunt Engineers and Architects, this Legislature hereby accepts the bids of Silverline Construction, Newtown Road, Burdett, New York 14818, in the amount of $29,950 and $7,950 for a total of $37,900, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
Schamel Brothers Contracting, Inc.
Route 414, Box 81
Hector, New York 14841 (Incomplete)
$9,678.50
Chemung Contracting
1209 Upper Broadway
Pine City, New York 14871
$98,400.00, $28,600.00, $20,000.00. Copies of bids are on file in the Legislature Offices, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign a contract with Silverline Construction in an amount not to exceed $37,900.00 for Seneca Harbor Park improvements; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 126 Motion by Hastings, second by Halpin.
RE: RESOLUTION SUPPORTING THE STATE TAKEOVER OF MEDICAID
WHEREAS, New York is one of the few states in the country which mandates that counties and the City of New York pay a local Medicaid share, which now costs localities $3.3 billion a year with a growth factor of 14% per annum, and
WHEREAS, this Medicaid mandate requires localities to dedicate an increasingly larger portion of their local taxes for the State Medicaid program thereby imposing a back-breaking burden on local taxpayers, and
WHEREAS, it is imperative that localities obtain immediate relief from this unbridled growth in the Medicaid program by enactment of effective Medicaid cost-containment, and
WHEREAS, each phase of a State takeover of the local Medicaid program should include a hold harmless clause to ensure that each locality benefits from the State takeover plan, and
WHEREAS, counties no longer have the fiscal resources to support the local Medicaid share by reliance on continual property tax increases and sales tax increases, and a State takeover of Medicaid would enable counties to administer other necessary local programs in an equitable and productive fashion, and
WHEREAS, the New York State Association of Counties has made Medicaid takeover its NUMBER ONE MANDATE RELIEF PRIORITY FOR 1994 and is advocating that Medicaid takeover be enacted into law concurrent with the adoption of the 1994-95 State budget, and
WHEREAS, the Schuyler County Legislature wishes to reconfirm support for State Medicaid takeover and urge that such State takeover be enacted into law on or before March 31, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the phase-in of a State takeover of the Medicaid program as proposed by the New York State Association of Counties, and
BE IT FURTHER RESOLVED, that copies of this resolution be submitted to Governor Mario M. Cuomo, and NYSAC so that it may be included in their package which is to go to the entire State Legislature.
VOTE: Passed 6-0.
RESOLUTION NO. 127 Motion by Fitzsimmons, second by Hastings.
RE: ACCEPT/REJECT BIDS FOR ABSTRACTING SERVICES FOR 1994 TAX AUCTION PROPERTIES
WHEREAS, bids were solicited for Abstracting Services and all bids received were opened on March 4, 1994 at 3:00 p.m., and
WHEREAS, it is the recommendation of the Finance Committee that the bid from Glen Abstract be accepted as the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Finance Committee, this Legislature hereby accepts the bid for abstracting services for 1994 tax auction properties from Glen Abstract Corporation, P.O. Box 440, Watkins Glen, NY 14891 in the amount of $35.00 per search, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
Ryco Information Services, Inc.
7449 Morgan Road
Avon Office Park
Liverpool, New York 13090
$40.00 per search
Finger Lakes Abstract Corp.
137 Turner Park, P.O. Box 106
Montour Falls, New York 14865
$50.00 per search
Monroe Title Insurance Corporation
Marine Midland Bank Building
150 Lake Street
Elmira, New York 14901
$50.00 per search with no COI, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Glen Abstract Corporation for abstracting services as referenced above; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 128 Motion by Fitzsimmons, second by Hastings.
RE: AUTHORIZE CONTRACT WITH BLUE CROSS & SHIELD FOR 1994 ADMINISTRATIVE SERVICES
WHEREAS, Schuyler County has adopted the BestFlex Plan to be made available to all its employees and has made this part of the CSEA Administrative Unit agreement, and
WHEREAS, Blue Cross & Shield has agreed to provide a written plan document which meets the requirements of Section 125 and other applicable Code sections and a summary plan description which meets the requirements of the Employee Retirement Income Security Act, and certain administrative services.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement with Blue Cross & Shield for administrative services for the period April 1, 1994 through March 31, 1995 at a cost of $25.00 per month, in addition to the one time start-up fee of $1,285.00, to be paid from account no. 9089.800; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that $1,510.00 be transferred from account no. 1990.500 to account no. 9089.800 for this purpose.
VOTE: Passed 6-0.
RESOLUTION NO. 129 Motion by Fitzsimmons, second by Hastings.
RE: AUTHORIZE BIDDING FOR 457 DEFERRED COMPENSATION MODEL PLAN
WHEREAS, the County of Schuyler has considered the establishment of a 457 Deferred Compensation Model Plan to be made available to all its employees and has made this part of the CSEA Administrative Unit agreement.
NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler hereby executes the authorization to go out to bid in the New York State Register and local paper for the County of Schuyler for a 457 Deferred Compensation Model Plan.
VOTE: Passed 6-0.
RESOLUTION NO. 130 Motion by Fitzsimmons, second by Hastings.
RE: ONE-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments effective immediately and terminating December 31, 1994, to the following committees, boards and councils, to wit:
VOTE: Passed 6-0.
RESOLUTION NO. 131 Motion by Fitzsimmons, second by Hastings.
RE: TWO-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments effective immediately and terminating December 31, 1995, to the following committees, boards and councils, to wit:
VOTE: Passed 6-0.
RESOLUTION NO. 132 Motion by Fitzsimmons, second by Hastings.
RE: APPOINTMENTS - MEDICAL SCHOLARSHIP COMMITTEE
BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of the following individuals to the Medical Scholarship Committee effective immediately and terminating December 31, 1996:
VOTE: Passed 6-0.
RESOLUTION NO. 133 Motion by Fitzsimmons, second by Hastings.
RE: APPOINTMENTS - TRI-COUNTY TOURISM COUNCIL
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the following individuals to the Tri-County Tourism Council effective immediately and terminating December 31, 1996:
VOTE: Passed 6-0.
RESOLUTION NO. 134 Motion by Fitzsimmons, second by Hastings.
RE: APPOINTMENT - GRANGE REPRESENTATIVE - SOIL & WATER CONSERVATION BOARD
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Robert Collins as the Grange representative on the Soil & Water Conservation Board of Directors effective immediately and terminating December 31, 1996.
VOTE: Passed 6-0.
RESOLUTION NO. 135 Motion by Hastings, second by Karius.
RE: AUTHORIZE HIRING - COUNTY ATTORNEY'S OFFICE
WHEREAS, the Confidential Secretary to the County Attorney has given notice of leaving employment as of early April, 1994, and
WHEREAS, the complexity and scope of her job requires that a replacement be given the maximum possible on-the-job training to understudy the position, and
WHEREAS, a current Schuyler County employee has expressed interest in said position, and
WHEREAS, it is in the best interest of County government that a smooth transition be affected.
NOW, THEREFORE, BE IT RESOLVED, that the County Attorney's Office be authorized to hire Debra Schmidt as a replacement Confidential Secretary on a full-time basis for the purposes of on-the-job training as soon as possible, and
BE IT FURTHER RESOLVED, the compensation of said replacement shall be set at $581.11 bi-weekly, plus the applicable 1994 contractual increment (such sum being the employee's current County salary) during the training period, ending concurrent with Barbara Klemann-Caldwell's effective date of resignation, and
BE IT FURTHER RESOLVED, the source of funds for salary during the above-described training period shall be Contingency Account No. 1990.500 and the Schuyler County Treasurer is hereby authorized to effect a transfer of such funds as appropriate and in accordance with approved accounting procedures, and
BE IT FURTHER RESOLVED, upon appointment as Confidential Secretary to the County Attorney, said employee's compensation shall be equal to the current salary for the position, to wit $16,774.00 chargeable to account no. 1420.100.
VOTE: Passed 6-0.
RESOLUTION NO. 136 Motion by Hastings, second by Karius.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS - 121
PART-TIME ADMINISTRATIVE POSITIONS - 55
FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4
FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23
APPOINTMENTS:
EFFECTIVE
NAME TITLE DEPARTMENT DATE SALARY TYPE
HOUCK, Bulinda Typist Social Svcs. 3/2/94 14,728 Rein
BROOKE, Marilyn Pers. Clerk Civil Svce. 1/27/93 16,485 Prov
HARDING, Joann Sr. Casewkr. Social Svcs. 11/13/94 20,580 Perm
VOORHEIS, Judy Caseworker Social Svcs. 11/13/93 19,237 Perm
ROONEY, Frank Prob. Offcr. Probation 2/10/94 19,237 Prov
APPOINTED OFFICIALS
COMPTON, Linda Dep. Co. Clk. County Clerk 1/1/94- 19,950 Term
12/31/97
CALDWELL, B. Conf. Sec'y. Co. Attorney 1/1/94- 16,774 Term
12/31/95
MORRIS, Dennis Assistant Co. Attorney 1/1/94- 28,540 Term
Co. Atty. 12/31/95
BARNES, Philip Undersheriff Sheriff 1/1/94- 32,136 Term
12/31/97
NAME TITLE DEPARTMENT DATE
LEAVES OF ABSENCE:
BARRON, Diana Data Entry Opr. Mental Health 1/5/94-
(Maternity Leave) 2/16/94
SIMMONS, Henry P. Motor Equip. Opr. Highway 1/31/94
(Return from Disability)
MURPHY, Patsy Sr. Data Entry Op. Social Svcs. 3/2/94
(Return from Disability)
OTHER:
PIERCE, Blake Deputy Sheriff 1/1/94
(To Full-Time)
PIERCE, Keith Correction Ofcr. Sheriff 1/1/94
(Change in salary)
POTTER, Beverly Typist Typist 3/1/94
(End of Temporary Appointment)
HOUCK, Bulinda Data Entry Oper. Social Svcs. 3/1/94
(End of Temporary Appointment)
RECLASSIFICATIONS:
WARD, William Correction Offcr. Sheriff 12/9/93
YESSMAN, William Dep. Sheriff Sgt. Sheriff 12/9/93
WOOD, Michael Senior Investigat. Sheriff 12/9/93
ALLEN, Judy Data Entry Operat. Sheriff 12/9/93
DAVENPORT, Floyd Correction Offcr. Sheriff 12/9/93
CAREY, Mary Sec'y. to Sheriff Sheriff 12/9/93
DAVIS, Howard Dep. Sheriff Lt. Sheriff 12/9/93
EVERETTS, Floyd Laborer Sheriff 12/9/93
COVERT, Beth Correction Offcr. Sheriff 12/9/93
FOOTE, Alfred Dep. Sheriff Sgt. Sheriff 12/9/93
HOXIE, Thomas Correction Offcr. Sheriff 12/9/93
HURD, Arthur Correction Offcr. Sheriff 12/9/93
LeROUX, Gilbert Correction Offcr. Sheriff 12/9/93
MITCHELL, James Correction Offcr. Sheriff 12/9/93
PIERCE, Keith Correction Offcr. Sheriff 12/9/93
PRESTON, William Dep. Sheriff Sgt. Sheriff 12/9/93
RUDY, Kevin Correction Offcr. Sheriff 12/9/93
STATES, Lawrence Correction Offcr. Sheriff 12/9/93
SWITZER, Kenneth Correction Offcr. Sheriff 12/9/93
TOWNER, Harold Dep. Sheriff Sgt. Sheriff 12/9/93
TAMBERELLI, Janice Correction Offcr. Sheriff 12/9/93
McLEAN, Daisy Cook Sheriff 12/9/93
RESIGNATIONS:
LAPRIORE, Stephanie Probation Officer Probation 1/7/94
CREAMER, Elizabeth Dep. Commissioner Social Svcs. 1/26/94
SUSPENSIONS:
MITCHELL, Lola M. Director Youth Bureau 2/10/94
(With Pay)
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 6-0.
RESOLUTION NO. 137 Motion by Young, second by Halpin.
RE: ADOPT PARKING PLAN FOR SENECA HARBOR PARK
WHEREAS, there is a definite need for improvements to the available parking at Seneca Harbor Park, and
WHEREAS, such improvements will benefit both the Park and adjacent businesses, and
WHEREAS, the adjacent businesses are willing to enter into a partnership with the County to improve the parking.
NOW, THEREFORE, BE IT RESOLVED, that Schuyler County indicates it intends to adopt the following general parking plan for Seneca Harbor Park:
1. The area east of the Decatur Street entrance will remain available for unrestricted public parking and the winter storage of boats, which may be licensed or contracted for.
2. The area west of the Decatur Street entrance will be closely monitored and, if necessary after consultation with other interested parties and its citizens, will have time restrictions imposed.
DISCUSSION: Legislator Hastings asked why the resolution included all Schuyler County business and not just the affected businesses. She indicated that a Public Hearing on the issue would meet the needs of Schuyler County as a whole. Legislator Halpin advised that Finance Committee addressed this and felt that this is PUBLIC parking and they do not want to exclude comments.
VOTE: Passed 5-1. (No: Hastings)
RESOLUTION NO. 138 Motion by Young, second by Fitzsimmons.
RE: AUTHORIZE ACCEPTANCE OF OFFER AND PURCHASE OF SUPPLIES - SENECA HARBOR PARK SEAWALL
WHEREAS, funding authorization was issued per Resolution No. 481-12/13/93 for the construction of a seawall at Seneca Harbor Park, and
WHEREAS, Schamel Brothers Construction has offered to donate all labor and equipment for the construction of the seawall, and
WHEREAS, Schamel Brothers Construction estimates the cost of materials to be $34,695.00.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to accept the Schamel Brothers' offer, and
BE IT FURTHER RESOLVED, that the purchase of the necessary materials be, and hereby is, authorized, and
BE IT FURTHER RESOLVED, that the Purchasing Division be, and hereby is, authorized to request competitive bids for treated lumber to be used in said project.
VOTE: Passed 6-0.
RESOLUTION NO. 139 Motion by Young, second by Fitzsimmons.
RE: AUTHORIZE COUNTY TAX LIEN TO BE CHARGED TO ALLOWANCE FOR UNCOLLECTIBLE
WHEREAS, an omission was made on a tax search for Tax Map number 64.-1-46.1 in the Town of Reading.
NOW, THEREFORE, be it resolved, that the County Treasurer is authorized to charge the 1990 Tax Sale Certificate #661 in the amount of $293.15 to account A342, Allowance for Uncollectible Taxes.
VOTE: Passed 6-0.
RESOLUTION NO. 140 Motion by Young, second by Fitzsimmons.
RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS
WHEREAS, the bills have been audited and ordered paid.
NOW, THEREFORE, BE IT RESOLVED, that Abstract 2 of 1994, bills numbered as follows: General Fund #0765 - #1150; Capital General Fund #1151 - 1153; County Road Fund #1154 - #1171; #H64 - #H81; Machinery Fund #1172- #1204; #H82 - #H114, as certified by the Chairman and Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and
BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed.
I General Fund
Human Services Committee $ 13,916.23
Legislative Committee 626.15
Agriculture/Natural Resource 44,205.00
Finance Committee 23,194.77
Administrative Committee 8,063.56
Corrections, Refor. & Ed. 50,322.98
Co. Clerk/Elections Comm. 2,380.25
Public Health Committee 41,877.07
Mental Health Committee 25,965.93
Public Safety Committee 32,371.87
Assessment/Taxation Comm. 4,452.08
Buildings & Grounds Comm. 61,120.80
Community Development,
Planning & Expansion 16,053.91
Highway Committee 00.00
Total General Fund..........$324,550.60
II Capital General Fund
Total Capital General Fund..$133,413.98
III Trust Fund
Gazebo Fund $ 00.00
IV County Road Fund
Highway Committee $ 31,158.18
Total County Road Fund......$ 31,158.18
V Machinery Fund
Highway Committee $ 51,294.48
Total Machinery Fund........$ 51,294.48
TOTAL AUDIT.....$540,417.24
APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig
Chairman Clerk
Schuyler County Legislature Schuyler County Legislature
VOTE: Passed 6-0.
RESOLUTION NO. 141 Motion by Young, second by Halpin.
RE: MOTION TO BRING THREE (3) RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that three (3) resolutions be brought to the floor.
VOTE: Passed 6-0.
RESOLUTION NO. 142 Motion by Hastings, second by Young.
RE: REAFFIRMED OPPOSITION TO THE CLOSURE OF USDA OFFICES IN SCHUYLER COUNTY
WHEREAS, the Schuyler County Legislature has been notified that the Schuyler County, New York State Offices of the Soil Conservation Service and the Agricultural Stabilization and Conservation Service are still being considered for closure, and
WHEREAS, the services provided by these two offices are important to the welfare of the people of Schuyler County, and
WHEREAS, the information that was used initially for selection of the USDA offices that would be selected for closure/consolidation was inaccurate for Schuyler County, and
WHEREAS, the people of Schuyler County have repeatedly argued for the retention of these offices by petition and correspondence to local, state and federal representatives, and
WHEREAS, agriculture is the number one industry in Schuyler County, New York, and
WHEREAS, the loss of any income related to agriculture will have a substantial affect on the overall financial well-being of Schuyler County and its residents.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature reaffirms its opposition to the closure or consolidation of the Soil Conservation Service and Agricultural Stabilization Conservation Service offices in Schuyler County, New York, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature be directed to send certified copies of this resolution to all appropriate officials.
VOTE: Passed 6-0.
RESOLUTION NO. 143 Motion by Fitzsimmons, second by Halpin.
RE: CORRECTION OF RATIFIED TENTATIVE AGREEMENT BETWEEN THE COUNTY OF SCHUYLER AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000 AFSCME, AFL-CIO, FOR THE SCHUYLER COUNTY ADMINISTRATIVE UNIT FOR THE PERIOD JANUARY 1, 1994 THROUGH DECEMBER 31, 1996
WHEREAS, Article V, Section 6, Wage Increases, as ratified, inadvertently contained three occasions where the words "in grade" were inserted, and
WHEREAS, the CSEA Collective Bargaining Specialist for the Administrative Unit is in agreement with that assessment.
NOW, THEREFORE, BE IT RESOLVED, that Article V, Section 6, first three paragraphs, shall in fact be ratified as follows:
"6. Wage Increases
The starting salaries shown in Exhibit A represent increases annually and those eligible will receive steps for completing one to four years of service. The annual increases in base salaries are:
$500.00 effective January 1, 1994
Three and one-half (3.5%) effective January 1, 1995
Three and one-half (3.5%) effective January 1, 1996
Salary steps will be paid as follows:
Years of Experience Completed Percentage
Between January 1 and December 31: of Salary
1st 1%
2nd 1%
3rd 1%
4th 1%
Employees completing more than four (4) years of service are not eligible for a step increase (but may be eligible for longevity - see paragraph 3, above)."
VOTE: Passed 6-0.
RESOLUTION NO. 144 Motion by Fitzsimmons, second by Young.
RE: AUTHORIZE PREPAYMENT OF HEALTH AND DENTAL INSURANCE PREMIUMS
WHEREAS, the State Auditors have requested that health insurance bills are now to be paid through the County audit, and
WHEREAS, the following bills were received for payment after the voucher due date for the March audit.
NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Treasurer is authorized to pre-pay the following bills:
GHI Chemung County Insurance Billing $74,522.00
GHI Dental Premium 137.03
NYS Dept. of Civil Service Employee
Benefits Division 3,318.09
VOTE: Passed 6-0.
REPORT ON STANDING COMMITTEES: Legislator Hastings announced that the Assessment & Taxation Committee meeting scheduled for March 18th has been cancelled. Legislator Hastings advised she had attended a Sullivan Trail Resource, Conservation and Development Council meeting and it was very informative. Legislator Halpin advised that the trip to Yates County on March 22nd to research their administrator has been postponed. Legislator Young said he attended his first Youth Board meeting on March 10th and he is conducting a comparison with other counties on their Youth Board by-laws. Legislator Young announced a special Community Development, Planning & Expansion Committee meeting on March 15th at 9:00 a.m.
UNFINISHED BUSINESS: Acting Chairman Smith read a letter of declaration stating that his wife, Judy Smith, works for Glen Office Supply part-time and, to the best of his knowledge, does not profit from the business Glen Office Supply does with the County. Mr. Smith asked that the letter be attached to the official minutes. He further explained that this was questioned by Chairman Franzese at a pre-audit meeting last November with the auditors, and that he was unwillingly obliging to the request.
NEW BUSINESS: None.
PUBLIC PARTICIPATION - 8:23 P.M.: Tom Ryan of Odessa suggested forming a committee of citizens to make park recommendations relative to Seneca Harbor Park as this might bring up some good ideas. Mr. Ryan also asked if the Department of Social Services was looking into fingerprinting requirements for its clients. Sue Brill said she felt Resolution No. 143 was premature since it was not approved by the union membership yet. Public Participation was closed at 8:30 p.m.
MOTION by Fitzsimmons, SECOND by Karius to go into Executive Session at 8:30 p.m. to discuss the work history of an employee. Motion carried six ayes to zero noes.
Legislator Hastings left the meeting at 8:50 p.m.
MOTION by Fitzsimmons, SECOND by Young to come out of Executive Session at 9:02 p.m.
MOTION by Fitzsimmons, SECOND by Young to authorize Margaret Jensen to write six memos to Lola Mitchell relaying directives from the Legislature. Motion carried six ayes to zero noes.
The meeting adjourned at 9:03 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
*NOTE: At the May 9, 1994 Regular Meeting of the Schuyler County Legislature, Chairman Franzese made the following clarification to the March 14, 1994 Minutes:
"On December 29, 1993, Mr. Smith was informed by officials of the New York State Department of Audit & Control that Audit and Control had determined, that by law, a disclosure was necessary of his wife's employment."
The April 11, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:31 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Hastings and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman arrived at 6:33 p.m.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese read the three emergency resolutions to come to the floor tonight by title.
PUBLIC PARTICIPATION - 6:35 P.M.: Jean Kosty, Town of Tyrone, stated she was at last month's meeting questioning the Chairman's residency and since then there was an article in the paper and the Chairman has moved back in. She said she found it interesting that the reason the Chairman could not return to her home was because pipes had to be dug up and she has not seen any evidence of that. Chairman Franzese clarified that they had anticipated broken pipes because a pipe broke in the house. They had the water shut off and the water froze at the upper part of the hill. When the water was turned back on, and after some testing, they found everything to be in order to move back in. Chairman Franzese further stated that they could not take chances with losing thousands of gallons of water considering the fact that they get their water from Glen Motor Inn. She noted that in the past legislators on the board have stayed in summer cottages for many months out of a year and this was never questioned. Chairman Franzese further noted that if she ever were to move, she would publicly announce same, and that Mrs. Kosty could feel free to call her anytime. Mrs. Kosty said she will be keeping watch. Lore Oswald stated appreciation for the Legislature having a resolution on the agenda for Worker's Memorial Day. Public Participation was declared closed at 6:48 p.m.
PRESENTATION BY CHAMBER OF COMMERCE - 6:49 P.M.: Max Neal of the Chamber of Commerce distributed this year's brochures and gave a brief overview of the Tourist Promotion Agency designation by the Legislature. Ms. Neal said in 1993 lodging and sales tax receipts were up for the service area, which is the whole of Schuyler County, not just the Village of Watkins Glen. The Chamber printed 185,000 travel guides in 1993 and for 1994 they have taken a full page ad in the 1994 Blue Book. The Chamber of Commerce has two contracts with the Finger Lakes Association, one which the County is still negotiating and the other is for matching funds. Ms. Neal advised that 10% of the lodging tax goes to Finger Lakes South Tourism Council, with whom they have a cooperative marketing effort involving Chemung and Steuben counties. Legislator Smith confirmed the appropriation for 1994 for Finger Lakes South and asked what they received in 1993. Ms. Neal said they had received $2,000 last year and agreed upon 10% or $3,000 for this year. Legislator Smith then asked what the situation was with Finger Lakes Association. Ms. Neal advised that Finger Lakes Association has a formula to assess county membership and is not comfortable with the County's contribution or the Chamber being appointed the Tourism Promotion Agency. The issue of County appointment to the Board of Directors was clarified by Ms. Neal and Chairman Franzese. It is not possible to have Ms. Neal sit in for the County since the Finger Lakes Association's by-laws state the appointee and the alternate must be a legislator. Legislator Smith said he had questioned this at the time the resolution was presented and was advised that Ms. Neal would simply be an alternate, not sit in for Chairman Franzese. Ms. Neal said that there is $5,000 in the budget for the Finger Lakes Association on the table now over and above the matching funds. Legislator Hastings asked if the Chamber had received all of the 1993 monies and if they met their budget. Ms. Neal responded affirmatively to both questions. Chairman Franzese thanked Max Neal and concluded the presentation at 7:13 p.m.
RESOLUTION NO. 145 Motion by Young, second by Halpin.
RE: APPROVE MINUTES OF THE JANUARY 10, 1994 REGULAR MEETING, JANUARY 18, 1994 AND JANUARY 28, 1994 SPECIAL MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the January 10, 1994 Regular Meeting; and January 18, 1994 and January 28, 1994 Special Meetings of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 146 Motion by Smith, second by Burnside.
RE: AUTHORIZE CHANGE ORDER GC-3 - CONTRACT WITH McGUIRE & BENNETT, INC.
WHEREAS, the general contractors, McGuire & Bennett, Inc. presented a change order dated 1/27/94 regarding credits due owner per contractor's letter dated 10/13/93, and
WHEREAS, on 3/11/94 the Building Project Committee reviewed the Change Order in reference to the contract with McGuire & Bennett, Inc. and recommends authorization of GC-3, as follows:
Original contract sum $1,224,000
Net change by previous Change Orders $ 79,754
Contract sum prior to this Change Order $1,303,754
Contract sum decreased by this Change Order $ 22,136
New contract sum will be $1,281.618.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize Chairman Franzese to sign Change Order GC-3, upon approval of the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 147 Motion by Smith, second by Burnside.
RE: AGREEMENT BETWEEN SOCIAL SERVICES AND SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to renew the agreement between the Department of Social Services and Schuyler County Child Care Coordinating Council for day care development and low income subsidy intake for the period April 1, 1994 through June 30, 1994 in the amount of $730 per month in order to explore and evaluate alternative means of providing this service; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 148 Motion by Smith, second by Burnside.
RE: MANAGED CARE GRANT AMENDMENTS TO SOCIAL SERVICES BUDGET
WHEREAS, New York State Department of Social Services has approved the following items in the Schuyler County Department of Social Services Managed Care Grant request that were not in the 1994 Social Services budget.
NOW, THEREFORE, BE IT RESOLVED, to increase the Social Services budget as follows:
APPROPRIATION ACCOUNTS
6010.4.0435 Professional Fees Increase $11,500
6010.4.0426 Maint. of Equip. Increase 2,700
6010.2.0208 Computer Equipment Increase 9,245
6010.2. Desks Increase 930
6010.2.0206 Chairs Increase 300
6010.2.0203 Adding Machine Increase 150
6010.2.0209 Copier Increase 8,500
6010.2. Answering Machine Increase 100
6010.2. Typewriter Increase 500
REVENUE ACCOUNTS
3610 Increase $16,963
4610 Increase 16,962
VOTE: Passed 8-0.
RESOLUTION NO. 149 Motion by Young, second by Burnside.
RE: ACCEPT BID FOR TWO (2) MATERIAL SPREADERS - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for two (2) Material Spreaders, a bid received and opened at the March 21, 1994 Committee Meeting at the Highway Department.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for $9,930.00 for two (2) Material Spreaders:
Seneca Supply, Inc.
Route 13 & Dryden Road
Ithaca, New York 14850
Copies of bid available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 150 Motion by Young, second by Burnside.
RE: ACCEPT BIDS FOR READY MIX CONCRETE - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for ready mix concrete, bids received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995:
Dalrymple Gravel & Contracting Company, Inc.
1209 Upper Broadway
Pine City, New York 14871
B.R. DeWitt, Inc.
6895 Ellicott Street
Pavilion, New York 14525
Copies of bids are available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 151 Motion by Young, second by Burnside.
RE: ACCEPT BID FOR CULVERT PIPE (CORRUGATED, METAL, GALVANIZED) - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for culvert pipe, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995:
Chemung Supply Corporation
P.O. Box 527
Elmira, New York 14902
Copies of bid available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 152 Motion by Young, second by Burnside.
RE: ACCEPT BIDS FOR CRUSHED STONE (LIMESTONE & CRUSHED GRAVEL) - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for crushed limestone, bids received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995:
Dalrymple Gravel & Contracting Company, Inc.
1209 Upper Broadway
Pine City, New York 14871
Seneca Stone Corporation
P.O. Box 76
Fayette, New York 13065
B.R. DeWitt, Inc.
6895 Ellicott Street
Pavilion, New York 14525
Copies of bids are available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0
RESOLUTION NO. 153 Motion by Young, second by Burnside.
RE: ACCEPT/REJECT BIDS FOR STEEL PLATE, STEEL PIPE, GABION BASKETS, SHOP STEEL - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for steel plate, steel pipe, gabion baskets and shop steel, bids received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995:
Chemung Supply Corporation
P.O. Box 527
Elmira, New York 14902, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
Allegany Pipe & Tubular Products
2954 County Route #22
Andover, New York 14806-9615
Charles H. Haynes, Inc.
6424 E. Taft Road, P.O. Box 3009
Syracuse, New York 13220
Copies of bids are available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 154 Motion by Young, second by Burnside.
RE: ACCEPT BIDS FOR GRAVEL (BANK RUN) - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for gravel, bids received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995:
Annella Wickham
2300 Texas Hollow Road
Odessa, New York 14869
Blades Construction Products
P.O. Box 590
Hornell, New York 14843
B.R. DeWitt, Inc.
6895 Ellicott Street
Pavilion, New York 14525
Copies of bids are available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 155 Motion by Young, second by Burnside.
RE: ACCEPT BID FOR SIGNS AND SIGN POSTS - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for signs and sign posts, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995:
Chemung Supply Corporation
P.O. Box 527
Elmira, New York 14902
Copies of bid available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 156 Motion by Young, second by Burnside.
RE: ACCEPT BID FOR GUIDERAIL - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for guiderail, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995:
Chemung Supply Corporation
P.O. Box 527
Elmira, New York 14902
Copies of bid available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 157 Motion by Young, second by Burnside.
RE: ACCEPT BID FOR TREE TRIMMING AND STUMP REMOVAL - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for tree trimming and stump removal, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995:
Dave Day's Tree Service
Box 162
Wayne, New York 14893
Copies of bid available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 158 Motion by Young, second by Burnside.
RE: ACCEPT BID FOR SALT BRINE - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for salt brine, a bid received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995:
Cargill, Incorporated
518 E. Fourth Street
Watkins Glen, New York 14891
Copies of bid available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 159 Motion by Young, second by Burnside.
RE: ACCEPT BIDS FOR TIRES - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for tires, bids received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995:
Ron Parmenter Motors, Inc.
2640 S.R. #14
Montour Falls, New York 14865, and
Tallmadge Tire of Geneva, Inc.
255 Exchange Street, P.O. Box 979
Geneva, New York 14456
Twin Tier Tire Corporation
1000 Lackawanna Avenue, Box 164
Elmira, New York 14901
Copies of bids are available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 160 Motion by Young, second by Burnside.
RE: ACCEPT/REJECT BIDS FOR BITUMINOUS CONCRETE ASPHALT - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for bituminous concrete asphalt, bids received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bids as received for the bid period April 1, 1994-March 31, 1995:
Genesee LeRoy Stone Corporation
6896 Ellicott Street
Pavilion, New York 14525
Dalrymple Gravel & Construction Company
1209 Upper Broadway (Fisherville)
Pine City, New York 14871
Seneca Stone Corporation
1209 Upper Broadway (Fayette)
Pine City, New York 14871
Blades Construction Products Corporation
P.O. Box 590
Hornell, New York 14843
South Hill Construction Company, Inc.
3636 South Hill Road
Burdett, New York 14818 *Blacktop Paver Only, and
BE IT FURTHER RESOLVED, that the following bid be rejected:
R. & L. Perry Construction, Inc.
2419 Jennings Road
Watkins Glen, New York 14891
Copies of bids are available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 161 Motion by Young, second by Burnside.
RE: ACCEPT/REJECT BIDS FOR LIQUID BITUMINOUS MATERIALS - HIGHWAY
WHEREAS, Resolution No. 49-94 authorized the advertising for bids for materials and supplies for the Highway Department, and
WHEREAS, said advertisement was made for liquid bituminous materials, bids received and opened at a special meeting of the Highway Committee on March 21, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, this Legislature accept the following bid as received for the bid period April 1, 1994-March 31, 1995:
(Items 1, 2, 7, 11, 12, 13, 14, Pugmill, Chipper, Mix Paver)
Vestal Asphalt, Inc.
201 Stage Road
Vestal, New York 13850
(Items 3, 4, 5, 6, 7, 8, 9, 10, 15)
Central Asphalt Division - Suit-Kote Corp.
20 Fairground Lane
Watkins Glen, New York 14891, and
BE IT FURTHER RESOLVED, that the following bid be rejected:
A. L. Blades & Sons, Inc.
P.O. Box 590
Hornell, New York 14843
Copies of bids are available for inspection at the Highway or Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 162 Motion by Young, second by Halpin.
RE: LOCAL LAW INTRO. NO. 1, LOCAL LAW NO. 3 OF THE YEAR 1994 ENTITLED "SCHUYLER COUNTY WATERSHED PROTECTION LAW"
WHEREAS, the Schuyler County Legislature established Local Law No. 3 of the year 1975 to provide uniform watershed protection standards throughout Schuyler County, and
WHEREAS, the New York State Department of Health has modified the minimum requirements for water and wastewater treatment systems of Part 75 of the Administrative Rules and Regulations contained in Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York effective December 1, 1990, and
WHEREAS, the New York State Health Department has provided an "Individual Wastewater Treatment System Design Manual" to provide technical assistance for the implementation of Part 75 for use in 1994, and
WHEREAS, the Schuyler County Watershed Inspector has developed, with the assistance of county and town legislators and planners, a revised County Watershed Protection Law to meet the minimum requirements of the State plus address local concerns expressed by town and county representatives.
NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law Intro. No. 1/Local Law No. 3 of the year 1994 in the form hereto annexed, be and hereby is, introduced pursuant to the Municipal Home Rule Law, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature schedule a public hearing to be held on May 9, 1994 at 7:00 p.m. at the Watkins Glen High School Cafeteria, Twelfth Street, Watkins Glen, NY to hear comments from individuals regarding the adoption of Local Law #3, 1994 entitled the "Schuyler County Watershed Protection Law".
A local law replacing Local Law No. 3 of the year 1975 known as the Schuyler County Watershed Law and pertaining to rules and regulations applying to the lands within the County of Schuyler, New York.
Pursuant to the authority vested in the Schuyler County Legislature, Local Law No. 3 of the year 1975 known as the Schuyler County Watershed Law is hereby REPEALED in its entirety and replaced by the Schuyler County Watershed Protection Law, to read as follows:
Section A. TITLE
1. The rules and regulations herein contained shall constitute, comprise and be known as the Watershed Protection Law of Schuyler County, New York.
Section B. SEPARABILITY CLAUSE
1. If any section, paragraph, subdivision or provision of this Law shall be judged invalid or held unconstitutional, the same shall not affect the validity of this Law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.
Section C. APPLICABILITY; LEGAL AFFECT
1. The provisions of the Watershed Protection Law shall be in force throughout the County of Schuyler unless similar standards meeting minimum requirements established by New York State are adopted and strictly enforced by any Town or Village in Schuyler County.
2. The Watershed Protection Law shall be supplemental to the Public Health Law, the New York State Sanitary Code, the New York State Uniform Building and Fire Prevention Code, the New York State Environmental Conservation Law, Penal Law and other New York State Laws relating to public health.
3. Acceptance of the Watershed Law by resolution of the Schuyler County Legislature shall adopt by reference Part 8 and 75, Chapter I, of the New York State Sanitary Code and cited 10 NYCRR 8 and 75 as the same is now in effect and may hereafter from time to time be amended.
Section D. VIOLATIONS AND PENALTIES
1. The provisions of the Watershed Protection Law shall have the force and effect of law. Violation or non-compliance with any section of this local law shall be deemed a violation.
2. A written "Notice of Violation" shall be issued to any property owner when a violation of these rules and regulations is found specifying the nature of the violation and stating the date(s) by which corrective action shall be completed. In the event of continued violations, the regulatory officer may apply for an injunction or other relief including but not limited to property condemnation from the appropriate court or Municipality Board. Any violation beyond that date shall be punishable by a fine not to exceed $250 and/or imprisonment not to exceed 15 days per week of violation. Each week of violation shall be considered a separate offense.
3. Upon receipt of a Notice of Violation any person who contests the reasonableness of the steps to be taken or the reasonableness of the completion dates therein may request, in writing, within five (5) days of the issuance of said Notice of Violation a conference as to the tasks to be undertaken and the dates required for completion. At the request of the person requesting such conference, that person may request a conference before the Director of Public Health or his representative. The Director of Public Health or his representative may rescind or modify The Notice of Violation or direct that the original terms of the notice be carried out. If after a conference, or where no conference has been requested, the person so notified refuses to sign said Notice, the Director of Public Health or his representative shall cause a copy of said Notice of Violation to be personally served upon the person originally notified. Upon such personal service, the terms of the Notice of Violation shall be in full force and effect as if personally executed by the person so served.
Section E. POWERS AND AUTHORITY OF REGULATORY OFFICERS
1. The Watershed Protection Agency or its duly authorized employees bearing proper credentials and identification shall be permitted to enter upon all properties and premises covered by the regulations of the Watershed Protection Law for the purposes of inspection, observation, measurement, sampling or testing in accordance with the provisions of this local law.
2. Whenever entry is refused the regulatory officer shall submit to the proper authorities such evidence as is necessary to justify entry upon said properties or premises such as to obtain a court order to perform the discharge of the Watershed Protection Agency's duties.
3. No person shall molest, assault, or resist any regulatory officer of the Watershed Protection Agency or their assistants in the lawful discharge of their duties.
Section F. FEES
1. A fee will be assessed by the Schuyler County Watershed Protection Agency and adjusted as needed to charge for any of the services approved by the Schuyler County Legislature. All fees required for service shall be made payable to the Schuyler County Treasurer. The regulatory officer may waive the collection of all, or a portion of, the established fee for non-profit agencies, governmental agencies, and low income persons.
Section G. EFFECTIVE DATE
1. This Watershed Protection Law as adopted by the Board of Health shall take effect on the respective date of filing of such items with the New York State Department of State pursuant to the Municipal Home Rule Law.
Section H. DEFINITIONS
1. "Agent or Agents Thereof" shall mean a person requested, employed or contracted by an owner or owners, occupant or lessee to construct, repair or perform excavation for the installation of a receptacle, or waste water treatment system, individual water supply or element within said system(s).
2. "Alternative System" shall mean any wastewater treatment system allowing for the disposal of wastewater which does not rely upon infiltration of wastewater entirely into the in situ or virgin soil.
3. "Appendix 75-A" shall mean a portion of Part 75 of the Administrative Rules and Regulations contained in Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York (10NYCRR).
4. "Board of Health" shall mean the Schuyler County Legislature.
5. "Building" shall be a structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof affording shelter for persons.
6. "Certificate of Approval" shall mean a certificate issued upon completion of a new construction wastewater treatment system in accordance with the specifications detailed in Appendix 75.A approved in the Construction Permit.
7. "Certification of Completion" shall mean a certificate issued upon completion of a replacement wastewater treatment system, in accordance with the specifications approved in the Construction Permit, a Certificate of Completion shall be issued.
8. "Certificate of Compliance" shall mean a certificate issued upon request for the evaluation of a wastewater treatment system serving a poperty being converted, expanded, transferred or for mortgage refinancing purposes when required by a lending institution, attorney, realtor, purchaser or code enforcement officer.
9. "Construction Permit" shall mean a permit issued prior to construction or repair of a wastewater treatment system, to serve any building, structure, or manufactured home specifying the type, capacity and location of each element of the said system in accordance with this local law and/or said regulations. Said construction permit shall expire one year after date of issuance.
10. "Conventional Wastewater Treatment System" shall mean any wastewater treatment system allowing for the infiltration of wastewater into the in situ or virgin soil.
11. "Distances" shall mean the shortest horizontal linear distance from the nearest point of a wastewater treatment system to the mean high water mark of the nearest watercourse or lake or the edge, margin or top of a precipitous bank forming the mean high water mark of a watercourse or lake. Additionally, distances shall mean the shortest footage between two or more objects.
12. "Drainage Channel" shall mean a stream or portion of a stream that flows only in direct response to precipitation. It receives little or no water from springs and no long term continued supply from melting snow or other sources. It is dry for a large part of the year, ordinarily more than three (3) months.
13. "Dwelling" shall mean a building or structure containing not more than two dwelling units occupied exclusively for residential uses.
14. "Element" shall mean any part or parts thereof comprising a wastewater treatment system.
15. "Flood Plain" shall mean those areas designated by either the New York State Department of Environmental Conservation or the United States Federal Emergency Management Agency as likely to flood within one hundred years.
16. "Garbage" shall mean all animal and vegetable wastes resulting from the processing, preparation, cooking or serving of foods, and other putrescible materials.
17. "Hardship" shall mean a circumstance(s) that makes it impractical or impossible to comply with the standard of this law.
18. "Human Excreta" shall mean feces, urine or other human excretions. Shall include the contents of aerobic tanks, holding tanks, septic tanks, seepage pits, privies or wastewater treatment systems.
19. "Individual Waiver" shall mean a waiver issued in an individual situation because of an individual hardship or other circumstance that makes it impractical to comply with a standard for individual water supply or individual sewage treatment systems.
20. "Individual Water Supply" shall mean a drinking water supply intended to supply one or more dwelling units, used in the absence of a public water supply system as defined in Part 5 of the New York State Sanitary Code.
21. "Lake" shall mean Seneca, Waneta, Lamoka, Cayuta or Cinnamon Lakes in Schuyler County.
22. "Land Disturbance" shall mean the removing of vegetation and/or top soil, or subsurface soil which changes the existing natural slope by five (5%) percent or more by means of excavation, filling, mining or other activity causing the addition or displacement of soils by mechanical means.
23. "Launching Site" shall mean any location public or private that is used for the purpose of launching boats into the lake water and/or hauling boats out of the lake water.
24. "Manure" shall mean the accumulated feces and urine from any animal or fowl resulting from the raising of these animals or fowl.
25. "New Construction Wastewater Treatment System" shall mean any wastewater treatment system constructed or placed on an undeveloped site and requiring a wastewater treatment system and currently not utilizing a wastewater treatment system.
26. "Non-Waterborne" shall mean a system or structure for urinating or defecating which is not flushed. This includes but is not limited to privies, chemical, incinerator and compost toilets.
27. "Notice of Violation" shall mean a written statement signed by the regulatory officer stating the time necessary to correct any violation of this code and stating reasonable time periods necessary to complete such steps. Each such notice shall contain a space at the end of such written statement wherein the person so notified may execute said notice and agree to the terms therein.
28. "Offensive Material" shall mean all putrescible and non-putrescible solid wastes including garbage, ashes, incinerator residue, street cleanings, dead animals and/or parts thereof, offal and solid commercial or industrial wastes.
29. "Person" shall mean an owner, individual, firm, agent, corporation, association, partnership or municipality and agents, employees and servants thereof, or any other legal entity which is recognized by law as the subject of rights and duties.
30. "Putrescible Matter" shall mean organic matter, under the process of partial decomposition, by micro-organisms, producing a foul odor.
31. "Receptacle" shall mean water tight structures or containers for the purpose of storage, disposal or treatment of human excreta and/or wastewater.
32. "Regulatory Officer" shall mean the authorized representative of the Schuyler County Watershed Protection Agency including but not limited to the Watershed Inspector who additionally may be the duly authorized representative of the Town or Village Health Officer following approval and/or designation by individual Towns or Villages or their consolidated health districts.
33. "Replacement Wastewater Treatment System" shall mean any *construction or modification of a system serving an existing building which already has a wastewater treatment system. Complete or partial replacement of a system for an existing property with a system, shall be considered a replacement wastewater treatment system and must be approved by the regulatory officer.
34. "Seasonal Use" shall mean a wastewater treatment system serving an occupied dwelling producing wastewater discharge for not more than six continuous months.
35. "State Sanitary Code" shall mean the rules and regulations promulgated by the Public Health Council of the State of New York and designated as the New York State Sanitary Code.
36. "Structure" shall mean an assembly of materials, forming a construction framed of component structural parts for occupancy or use including buildings or dwellings.
37. "Watercourse" shall mean a visible path through which surface water travels on a regular basis including natural or man-made streams or ponds but not including drainage channels.
38. "Wastewater Treatment System" shall mean a system of piping, tanks or other elements designed to treat, purify, dissolve, distribute and dispose of sewage and/or other wastewater into soil.
39. "Watershed Protection Agency" shall mean the agency established by the Schuyler County Legislature to administer and enforce the Watershed Protection Law.
40. "Watershed Protection Law" shall mean and comprise the rules and regulations now or hereafter formulated, promulgated and adopted by the Schuyler County Legislature and properly filed with the appropriate state agencies.
Section A. EXPOSURE, DISCHARGE AND DISPOSAL OF SEWAGE
1. No person shall discharge or permit or cause to be discharged untreated sewage, the overflow drainage or contents of a septic tank or other wastewater onto the surface of the ground or into any street, road, alley, open excavation, storm water sewer, land drain ditch, adjoining property, watercourse, lake or groundwater.
2. No person shall discharge, or permit or cause to be discharged treated or untreated sewage, the overflow drainage or contents of a septic tank or other wastewater into an abandoned water supply well, spring, cistern, sink hole, crevice or opening extending into limestone, sandstone, or other rock or shale formation which may degrade ground water.
3. Each building provided with plumbing fixtures or provided with a device to create a wastewater discharge flow, where no approved community or municipal sanitary sewage system is available, shall utilize a wastewater treatment system.
4. No wastewater treatment system shall be installed, extended or altered on property accessible to a community or municipal sewage disposal system.
5. No person shall install a wastewater treatment system within a one hundred (100) year flood plain without maintaining a one (1) foot separation distance between the one hundred year flood level and the bottom of the filtration/absorption portion of the wastewater treatment system.
6. A minimum of three feet of useable soil shall exist above bedrock, groundwater, seasonal high groundwater or an impervious layer and the bottom of any new wastewater treatment system being designed for installation.
7. Due to the accelerated corrosion and decay of metal septic tanks, dosing tanks, pump station tanks and distribution devices these metal products shall be prohibited from use within Schuyler County.
8. No land disturbance shall occur for the purpose of creating an acceptable slope for the installation of a wastewater treatment system without prior approval of the regulatory officer.
9. Once the required filtration and/or absorption area is determined by daily flow, soil evaluation and percolation test the required square footage of useable area of the lot for the new construction wastewater treatment system can be found. An additional area of one hundred (100) percent shall be set aside for future expansion or replacement when possible.
Section B. REGISTRATION OF INSTALLERS
1. As of January 1, 1995 any person who is engaged in whole or in part, in the business of delivering, constructing, maintaining or installing wastewater treatment systems or elements thereof or pumping of receptacles shall properly register that fact with the Schuyler County Watershed Protection Agency. Such registration shall be on a form prescribed and furnished by the regulatory officer. Homeowners solely performing installation or maintenance of systems situated upon their property are exempt from this requirement.
2. Any persons having not registered prior to January 1, 1995 must so register prior to performing installation or maintenance to any element of a wastewater treatment system.
3. Any person who fails or refuses to so register prior to performing any installation or maintenance to any element of a wastewater treatment system shall be subject to the penalties set forth in this law.
4. Registration information will be reviewed and updated annually.
5. All persons required to register must re-register by December 31 at the end of the third year. All persons having properly registered will be shown on a list to be provided to home or business owners upon request.
6. The list will not reflect any persons competency in the performance of their work nor will it reflect any coverage of the New York State Workers Compensation Law and Disability Benefits Law from those persons required to meet those requirements.
Section C. ISSUANCE OF CERTIFICATE
1. Certificate of Approval
a. No new wastewater treatment system shall be placed in operation for any new building, structure or manufactured home until a "Certificate of Approval" has been issued indicating that such system has been constructed in compliance with the Wastewater Treatment System Construction Permit and the requirements of Appendix 75.A.
2. Certificate of Completion
a. No replacement wastewater treatment system shall be placed into operation for any existing building, structure or manufactured home until a "Certificate of Completion" has been issued indicating that such system has been constructed in compliance with the Wastewater Treatment System Construction Permit and the requirements of this Watershed Protection Law.
3. Certificate of Compliance
a. A Certificate of Compliance shall be issued upon the completion of the evaluation of a wastewater treatment system either immediately prior to property transfer or mortgage refinancing or for the purpose of performing an evaluation prior to the issuance of a building permit allowing dwelling conversion or bedroom expansion.
b. Certificates of Compliance indicates the results of an evaluation of the system being determined from various methods of observation such as but not limited to visual examination of the building plumbing system, visual examination of the interior of the septic tank and visual examination of the absorption and/or infiltration area following a septic dye test.
c. The regulatory officer shall be authorized to require maintenance; such as but not limited to septic tank pumping, septic tank volume enlargement or modification of the wastewater system prior to the issuance of a Certificate of Compliance.
d. No person shall replace or convert one dwelling with another or add bedrooms to an existing dwelling without first having obtained a Certificate of Compliance.
Section D. WASTEWATER TREATMENT SYSTEM CONSTRUCTION PERMIT
1. No person, either as owner or agent thereof, or lessee or tenant, shall undertake to construct or repair a new or replacement wastewater treatment system for the disposal of sewage wastes to serve or serving any dwelling or structure from which such wastes may be discharged without first having obtained a "Wastes Water Treatment System Construction Permit" upon forms provided by the regulatory officer.
2. Any person, either as owner or agent thereof, or business delivering and/or assisting with the installation of a receptacle shall be subject to the penalties set forth in this law if participating with the installation of a receptacle of which a Construction Permit has not been issued.
3. No person shall situate, erect, begin construction or convert to another use any dwelling or structure that is subject to the provisions of this law and involves wastewater discharge without first obtaining a Wastewater Treatment System Construction Permit. Building expansions or conversions which do not alter wastewater discharge such as the building of a deck, garage, recreation room, etc., are exempt.
4. A copy of the Construction Permit issued by the Schuyler County Watershed Protection Agency may be supplied to the Town Clerk or other municipal agencies charged with the responsibility of issuing building permits for new construction or alterations and to the owner or his agent.
5. A Wastewater Treatment System Construction Permit shall be valid for one year from the date of issuance. Both the date of issuance and date of expiration shall be shown on the Construction Permit.
6. A construction permit may be renewed following reapplication and review. A fee shall be assessed for construction permit renewal.
Section E. NEW WASTEWATER TREATMENT SYSTEM DESIGN STANDARDS
1. Wastewater treatment systems for new household construction shall be designed in accordance with Appendix 75.A of the New York State Sanitary Code and the provisions of the construction permit.
2. Wastewater treatment systems for new commercial or institutional construction may be designed according to the New York State Department of Environmental Conservation guidelines "Standards for Waste Treatment Works-Institutional and Commercial Sewage Facilities" or current reference.
3. All new wastewater treatment systems designed by a design professional or designs not subject to Appendix 75.A must be submitted and reviewed by the Watershed Protection Agency.
4. No more than two (2) year-round dwellings shall be served by a single wastewater treatment system under the provisions of this law.
5. No more than three (3) seasonal-use dwellings shall be served by a single wastewater treatment system under the provisions of this law.
Section F. REPLACEMENT WASTEWATER TREATMENT SYSTEM DESIGN STANDARDS
1. Construction of replacement wastewater treatment systems may be designed and must be installed under the direction of the regulatory officer or a design professional. Replacement systems may be designed and installed according to the provisions of Appendix 75.A.
2. On limiting site conditions, the regulatory officer shall utilize up-to-date practical technology or require the system be designed and installed under the direction of a design professional or allow a holding tank be installed under the supervision of the regulatory officer.
3. Households served by replacement systems may be required to have DEC certified water conservation fixtures prior to the issuance of a "Certificate of Completion" to decrease system loading factors.
4. If the site is only occasionally inhabited, such as a hunting camp, and has no water under pressure or wastewater discharge, the regulatory officer may allow a non-waterborne system as described in appendix 75-A, design a complete wastewater treatment system, or require that a design professional submit plans for approval.
5. Wastewater treatment systems for existing commercial or institutional establishment construction may be designed according to the New York State Department of Environmental Conservation guidelines "Standards for Waste Treatment Works-Institutional and Commercial Sewage Facilities" or current reference.
6. All replacement wastewater treatment system designs not subject to Appendix 75.A must be reviewed by the Watershed Protection Health Agency.
Section G. INDIVIDUAL WAIVERS
1. Replacement Wastewater Treatment Systems
a. The regulatory officer may grant an individual waiver for replacement wastewater treatment systems in an individual situation because of hardship to comply with a recommended standard for wastewater treatment system design specifications of Appendix 75.A when such exception conforms to the spirit of the regulations.
b. Each request for waiver must be in writing and each waiver granted must be in writing and advise the applicant that the design or conditions approved do not meet minimum recommendations and the potential consequences of such deviations.
c. Each waiver applicant must sign a "Release of Liability" form provided by the Schuyler County Watershed Protection Agency holding the Agency and its regulatory officer free and harmless of any adverse consequences experienced by the homeowner as a result of design deviations. Said release form must be notarized.
d. A waiver may be issued provided a compliance schedule is properly submitted by the property owner and accepted by the regulatory officer.
Section H. INSPECTIONS
1. Construction of a wastewater treatment system shall be in accordance with the specifications approved in the Wastewater System Construction Permit.
2. No element of the system shall be covered until inspected and approved in accordance with the Wastewater Treatment System Construction Permit. Covered work shall be uncovered to permit inspection whenever considered necessary by the regulatory officer.
3. The regulatory officer shall be notified a minimum of 24 hours prior to the requested inspection date.
4. Inspections may include, but not be limited to, investigations, observations, interviews, review of written materials, samples and testing.
5. The design and construction of a wastewater treatment system meeting with the approval of the regulatory officer shall not be construed as a guarantee by the Schuyler County Watershed Protection Agency that the system will function satisfactorily for any given period of time.
Section I. WASTEWATER SYSTEM EVALUATIONS AND COMPLIANCE
1. The regulatory officer shall be allowed to make regular and thorough inspections of wastewater treatment systems for purposes of inspection, observation and testing of sewage disposal systems.
2. Whenever it shall appear to the regulatory officer that a wastewater treatment system is operating unsatisfactorily, a written "Notice of Violation" shall be given to the property owner, agent, violator or violators specifying the nature of the violation and required corrective action. The owner of the wastewater treatment system has up to 30 days from receipt of the Notice of Violation to obtain a "Wastewater Treatment System Construction Permit". Completion of work detailed in the Construction Permit shall be performed within the time prior specified in the Notice of Violation not to exceed six (6) months from the date of issuance of the Construction Permit. Upon written request, additional time up to 30 additional days may be granted due to climatic conditions.
3. When blatant and/or willful violations such as, but not limited to, draining sewage directly into water courses, water supplies or drainage channels one half of the times stated above in this section may be required to gain compliance.
4. It shall be the duty and obligation of the wastewater system owner to supply upon request to the regulatory officer, available information regarding wastewater treatment system type, capacity, location, usage, age, maintenance, etc., in order to determine the system's effectiveness.
Section J. PROPERTY TRANSFER OR REFINANCING "CERTIFICATE OF COMPLIANCE"
1. If a lending institution, realtor or attorney requires a property owner or prospective property purchaser to obtain a wastewater treatment system evaluation or if a lending institution requires a property owner to obtain a wastewater treatment system evaluation for mortgage refinancing purposes only, the regulatory officer shall perform the inspection as per applicable provisions in this Section and issue a Certificate of Compliance.
2. Only a regulatory officer of the Schuyler County Watershed Protection Agency is authorized to evaluate and/or to certify the operation of a wastewater treatment system for the purpose of mortgage refinancing or transferring any property being served by a wastewater treatment system when this evaluation is required by a lending institution, realtor, attorney or purchaser.
3. Prior to any property transfer, or mortgage refinancing requiring an evaluation of a wastewater treatment system from a lending institution, realtor, attorney or purchaser all septic, aerobic 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, unless it has already been pumped and inspected by the regulatory officer within the past year. The property owner must give the regulatory officer at least 24 hours notice to arrange for inspection of the tank. This maintenance pumping requirement shall not serve or imply in any way as an evaluation or certification of the operation of the wastewater treatment systems absorption and/or filtration element.
4. Prior to any property transfer or mortgage refinancing requiring an evaluation of a wastewater treatment system from a lending institution, realtor, attorney or purchaser the filtration and/or absorption area must be evaluated by the regulatory officer at least 10 days prior to the date of closing. The property owner must give the regulatory officer at least 24 hours notice to arrange for this inspection.
5. If the wastewater treatment system is determined to be operating unsatisfactorily or inadequately, a written Notice of Violation may be served and a Compliance Schedule specifying corrective action must be obtained prior to property transfer or refinancing closing.
6. For aerobic systems, the new owner must send a signed copy of a service contract to the regulatory officer within 30 days after property transfer.
Section K. SEPTIC TANK PUMPING AND INSPECTION
1. All septic tanks should be routinely maintained to:
1) ensure baffles are adequate; 2) check for holes or cracks; and 3) determine if tank needs pumping. Regular maintenance of the septic tank will help to protect the filtration/absorption area from clogging.
2. Septic tanks, with total depth of sludge and scum exceeding one-third of the liquid depth, as demonstrated by the property owner or his agent, will be required to be pumped at property owner's expense.
3. Additional tank volume may be required by the regulatory officer to meet system use and design standards.
4. After septic tank pumping, the DEC certified contractor is required to send a "Septic Tank Pumping Inspection Form" to the Schuyler County Watershed Protection Agency, verifying the septic tank was inspected, pumped and describing other maintenance work completed on a monthly basis or within thirty (30) days of repair or pumping.
Section L. WASTEWATER TREATMENT SYSTEM ABANDONMENT
a. Any pre-existing septic tank, holding tank, non-waterborne system or seepage pit must be pumped and filled with clean soil within ten (10) days of the installation of a replacement system.
b. Any septic tank, holding tank, non-waterborne system or seepage pit must be pumped or allowed to remain under conditions of a Certificate of Compliance within two (2) year of discontinued use.
Section M. TEMPORARY TOILET FACILITIES
1. Any builder, contractor or other person, firm or corporation employing individuals on the construction or repair of any dwelling or structure not containing sanitary lavatory facilities shall provide or cause to be provided temporary toilet facilities at a convenient place upon the premises or readily accessible thereto and the same shall be properly enclosed. Human excreta shall be treated or removed in a manner acceptable to the regulatory officer.
2. Temporary toilet facilities shall be provided for gatherings of people wherever the regulatory officer determines them necessary to prevent nuisances which may affect health. The regulatory officer may require any person using a property for a gathering of people to provide temporary toilet facilities, hand washing facilities and water supply taps in numbers meeting or exceeding those required for mass gatherings by the State Sanitary Code.
Section N. HOLDING TANKS
1. Holding tanks are allowed as replacement systems only and must be approved by the regulatory officer.
2. Newly installed holding tanks shall: 1) be vehicle accessible; 2) have an access port above grade not to exceed 6" in diameter; 3) have a capacity of four days storage based upon design flow of 150 gallons/bedroom/day, with a minimum of 1,000 gallons; 4) have an audio or visual float alarm device to alert the property owner that the tank is filled within 12 inches of the inlet pipe; 5) have anchoring devices for areas where seasonal high water is evident from soil investigations; and 6) utilize certified water conservation fixtures.
3. All holding tanks shall be inspected by the regulatory officer on an annual basis at the time of pumping. Homeowners shall give the regulatory officer 24 hours notice prior to the inspection date.
4. Holding tanks shall be pumped by a New York State licensed septic tank pumping contractor when the tank is a minimum of 12" from the inlet pipe and documentation shall be sent to the Schuyler County Watershed Protection Agency by the licensed septic hauler.
5. Any septic tank or holding tank that shows evidence of leaking must be replaced or repaired within the time period specified by the regulatory officer.
Section O. AEROBIC UNITS
1. Only Class I aerobic units are acceptable for new or replacement systems and must be approved by the regulatory officer. For both new and replacement systems, aerobic tanks are considered a septic tank substitute and must be used in conjunction with a properly cited and designed filtration and/or absorption area approved by the regulatory officer. A permit from the DEC is required for any surface discharge.
2. 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 aerobic unit malfunction or failure. All warning devices shall be wired separately from the aerobic unit so that disconnecting the aerobic unit from electricity will activate the warning device.
3. All aerobic units must have a continuous maintenance contract agreement with an authorized service contractor if reasonably available. Each aerobic unit shall be inspected at least two times per year by the authorized service contractor. All service contracts must be sent to the Schuyler County Watershed Protection Agency annually to verify that a continuous contract exists for the aerobic unit. The service contractor shall have aerobic unit effluent tested annually by a certified laboratory to determine that the unit conforms with manufacturer's treatment specification as required by the regulatory officer.
Section P. PROPER WASTEWATER STORAGE-BOATS
1. No person operating a launching site shall launch, set, place, etc. into the lakes within Schuyler County any boat equipped with a marine sanitation device unless Coast Guard approved. Any boat or vessel that is capable of discharge of any sewage, or wastewater from a holding tank, or toilet, shall have such discharge hole plugged and the plug cut off flush per Coast Guard procedure before the boat may be launched into any lake in Schuyler County.
2. Sewage wastes from boats must be disposed of in a manner acceptable to the regulatory officer or NYS Department of Environmental Conservation.
Section Q. MINIMUM LOT SIZES-NEW CONSTRUCTION
1. Alternative Wastewater Treatment System
a. Any person proposing to establish a dwelling meeting the requirements of this law must provide a minimum of 80,000 sq. ft. of usable land with a minimum of 150 ft. of road frontage or a 150 ft. diameter circle of which the wastewater treatment system is to be installed within.
b. A minimum lot size of 40,000 sq. ft. with a minimum of 150 ft. of road frontage or a 150 ft. diameter circle of which the wastewater treatment system is to be installed within may be allowed if the person connects to a community or public water system, lake or private water supply situated outside of the 40,000 sq. ft. lot.
2. Conventional Sewage Disposal System
a. Any person proposing to establish a dwelling meeting the requirements of this law must provide a minimum of 40,000 sq. ft. of usable land with a minimum of 100 ft. of road frontage or a 100 ft. diameter circle of which the wastewater treatment system is to be installed within.
b. A minimum lot size of 20,000 sq. ft. with a minimum of 100 ft. of road frontage or a 100 ft. diameter circle of which the wastewater treatment system is to be installed within may be allowed if the person connects to a community water system, lake or private water supply situated outside of the 20,000 sq. ft. lot.
Section R. EXCEPTIONS TO RESTRICTIONS AND DISTANCES FOR NEW CONSTRUCTION
1. Lot sizes
a. An exception to the minimum lot size may be granted provided the person can demonstrate there is adequate square footage available to meet all of the specifications, rules and regulations of Appendix 75.A, however, exception to minimum lot size can only be granted when a proposal is submitted to the Schuyler County Watershed Protection Agency from a design professional acting on behalf of the person proposing to establish a dwelling and approved by the regulatory officer and/or the New York State Health Department.
2. Design Standards
a. An exception to recommended design standards may be granted with the issuance of an individual waiver for replacement wastewater treatment systems.
3. Construction Permit
a. A Wastewater Treatment System Construction Permit may not be required when the system design has been prepared by a design professional for new construction dwellings or for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency.
4. Certificate of Approval
a. A Certificate of Approval may not be required for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency.
5. Certificate of Compliance
a. Transfer of a building, structure or dwelling shall mean the transfer of ownership to another person or entity for consideration and does not include a transfer of ownership through inheritance, or within an immediate family to include, but limited to spouse and/or children.
Section A. STANDARDS FOR NEW CONSTRUCTION
1. Individual water supply systems should be designed, constructed and maintained in accordance with the standards of the State Commissioner of Health bulletin entitled "Rural Water Supply" Appendix 75.B.
Section B. REGISTRATION OF INSTALLERS
1. As of January 1, 1995 any person in the business of water supply system installation for human consumption shall register that fact with the Watershed Protection Agency. Such registration shall be on a form prescribed and furnished by the regulatory officer. Homeowners performing installation or maintenance of water supply systems situated upon their land are exempt from this requirement.
2. Any person not having registered prior to January 1, 1995 must so register prior to performing installation of individual water supply systems.
3. Any person who fails or refuses to register prior to performing a water supply system installation shall be subject to the penalties set forth in this law.
4. Registration information will be reviewed and updated annually.
5. All persons required to register must re-register by December 31 at the end of the third year. All persons having properly registered will be shown on a list to be provided to home or business owners upon request.
Section C. APPROVAL REQUIRED
1. No person either as owner or agent thereof, or lessee or tenant, shall undertake to construct or provide a system or facilities for the supply of water from a ground water source to serve any new dwelling or structure without first having obtained approval of the proposed system from the regulatory officer. Such approval shall be granted upon filing with the regulatory officer a description of the proposed facilities upon forms provided by the regulatory officer.
Section D. WELL LOG
1. Any person who installs an individual water supply utilizing ground water shall submit a well log report on a form prescribed by the regulatory officer.
Section E. RENTAL UNITS
1. All landlords shall provide potable water to occupants of rental dwelling units.
Section A. DUTY TO INVESTIGATE
1. The regulatory officer or his representative shall receive and examine into all complaints made by an inhabitant of the County concerning public health nuisances causing danger to life and health in the County and may request such complaints to be in writing.
Section B. INVESTIGATION
1. The regulatory officer or his representative may enter upon or within any place or premises where nuisances or conditions dangerous to life and health, or which are the cause of nuisances existing elsewhere, are known or believed to exist or examine the source.
2. The owners, agents and/or occupants of any dwelling or structure shall permit examinations and inspections to be made pursuant to the provisions of this article and Title I of Article 13 of the Public Health Law and Part 8 Chapter I of the State Sanitary Code.
3. The regulatory officer shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the County.
Section C. MANURE PILES
1. No manure piles shall be maintained or allowed to remain within a 200 foot distance of a water course provided that this section does not prohibit the normal spreading of manure which is not in piles.
Section D. GARBAGE AND REFUSE REMOVAL
1. No person shall permit, deposit, store or hold any offensive material on any property or place or in any structure unless such material is so treated, screened, covered or placed as not to create a nuisance.
2. All containers for the storage of such material shall completely confine the material, shall be rodent and insect proof, and shall be kept in an inoffensive and sanitary condition for not more than fifteen (15) days.
3. All offensive material shall be buried at least two hundred (200) feet from any watercourse, pond, lake or individual water supply or be disposed of at other places approved by the New York State Department of Environmental Conservation so that water supplies will not be subject to pollution and where a nuisance will not be created.
4. Stray and/or disposal of offensive materials generated or stored on rental properties shall be the responsibility of the property owner or landlord acting as the owner's agent.
Background
The following regulations represent several months of development and review. This model regulation has been modified in several areas from earlier versions to reflect the fact that Elected Officials support a cooperative and uniform regulatory program. The successful implementation and enforcement of these regulations requires that all wastewater systems be reviewed, designed and installed under the direction of a centralized program.
The standards were developed to ensure the protection of public health and water quality in the County. Both new construction and replacement systems are addressed in the code. An emphasis in the code is placed on evaluating, improving or replacing inadequate wastewater systems. There are also provisions for property transfer inspections, water supply development and nuisance complaints.
DISCUSSION: Legislator Burnside asked Jim Howell, Watershed Inspector, if the fees and fines have been established. Mr. Howell noted that they have been in place and will remain the same.
VOTE: Passed 8-0.
RESOLUTION NO. 163 Motion by Halpin, second by Burnside.
RE: AUTHORIZE TRANSFER OF FUNDS - SHERIFF'S DEPARTMENT
BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer up to $7,000 from the Reserve Fund Seized Assets to account no. 3121 Seized Asset Account for use by the Sheriff's Department for their computer program.
VOTE: Passed 8-0.
RESOLUTION NO. 164 Motion by Halpin, second by Burnside.
RE: CONTRACT - UNITED CEREBRAL PALSY AND HANDICAPPED CHILDREN'S ASSOCIATION OF CHEMUNG COUNTY, INC., FOR EARLY INTERVENTION PROGRAM SERVICES
WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide early intervention services to eligible children from birth through age two as required by the New York State Department of Health.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an ongoing contract with United Cerebral Palsy and Handicapped Children's Association of Chemung County, Inc., to provide early intervention services, effective January 11, 1994, at rates set by the New York State Department of Health; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 165 Motion by Halpin, second by Burnside.
RE: CONTRACT WITH NEW YORK STATE DEPARTMENT OF HEALTH FOR REIMBURSEMENT OF RABIES EXPENSES
WHEREAS, the New York State Department of Health will partially reimburse Schuyler County for rabies program expenses from 4/1/93 through March 31, 1998 under the terms of its proposed contract, and
WHEREAS, the terms of the contract include: 1) The county will authorize expenses according to a protocol approved by New York State, and 2) New York State will reimburse the county only for expenses actually incurred by the county with limits of up to $1,000 per individual treated, $40 per specimen submitted and $2,000 for pet vaccination clinics, up to the maximum amount budgeted by the state for each year, and
WHEREAS, New York State budgeted $15,000 for Schuyler County from 4/1/93 through 3/31/94.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accepts the terms of this agreement and authorizes the Chairman of this Legislature to execute an agreement with the New York State Department of Health to reimburse rabies expenses from 4/1/93 through 3/31/98, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 166 Motion by Halpin, second by Burnside.
RE: GRANT FROM NEW YORK STATE DEPARTMENT OF HEALTH FOR REIMBURSEMENT OF EXPENSES TO ENCOURAGE SECONDARY DISTRIBUTION OF VACCINE
WHEREAS, the New York State Department of Health is offering up to $11,700 in grant funding to Schuyler County to reimburse personnel expenses related to secondary distribution of vaccine from January 1, 1994 through December 31, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with the New York State Department of Health to reimburse the county for personnel expenses related to secondary distribution of vaccine from January 1, 1994 through December 31, 1994, and
BE IT FURTHER RESOLVED, that the 1994 Public Health budget be adjusted as follows:
+ $9,000 4010.100-4005 - Personal Service
+ $2,700 4010.489-4005 - Fringe Benefits
= $11,700 Total Budget Increase
+ $11,700 4010.3401-4005 - Grant Revenue
VOTE: Passed 8-0.
RESOLUTION NO. 167 Motion by Smith, second by Halpin.
RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN FROM 7/1/94 - 6/30/95
WHEREAS, Schuyler County must provide transportation to preschool handicapped children.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Home Health Agency is authorized to advertise for bids for the transportation of preschool handicapped children from 7/1/94 through 6/30/95, and
BE IT FURTHER RESOLVED, that bids are to be marked "Sealed Bid" and received by the Clerk of the Legislature at the Courthouse, 105 9th Street, Watkins Glen, New York, 14891, not later than 5:00 p.m. on Thursday, May 26, 1994. The bids will be opened at the Public Health Committee meeting Friday, May 27, 1994, at 1:00 p.m., at which time recommendation for legislative action will be made; acceptance or rejection of bids will be done at the June 13, 1994 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 8-0.
RESOLUTION NO. 168 Motion by Smith, second by Halpin.
RE: CONTRACT CONSULTING PSYCHIATRIST - MENTAL HEALTH
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with John Deines, MD, at a rate of $65.00 per hour through April 11, 1994 and $70.00 per hour beginning April 12, 1994 through December 31, 1995 in an amount not to exceed $60,000 during 1994 and $61,500 in 1995; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the proof of insurance provided be acceptable in said contract.
VOTE: Passed 8-0.
RESOLUTION NO. 169 Motion by Smith, second by Halpin.
RE: AMEND RESOLUTION NO. 16-94 - TRAVEL REIMBURSEMENT
BE IT RESOLVED, that Resolution No. 16-94 be amended to read, "that all authorized personnel be allowed to claim mileage at the rate of $.28 per mile except where a different rate is set by contract" to be effective immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 170 Motion by Karius, second by Young.
RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH NOTICE
WHEREAS, it is the recommendation of the Administrative Committee to clarify Paragraph 11, Rule 22 of the Rules of Procedure of the Schuyler County Legislature.
NOW, THEREFORE, BE IT RESOLVED, that notice of the following modification of Rule 22 (Paragraph 11) be, and hereby is given, pursuant to Rule 29 of said Rules of Procedure: "Committees shall have general charge of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as special duties therefor. Each committee shall supervise and have charge of appropriated expenditures. Any appropriated expenditure in excess of $500.00 shall be approved by the department's committee except when the Department Head deems an emergency to exist. Any expenditure not included in the budget shall be processed through the department's committee unless the amount which exceeds the budget line item is $50.00 or less; except in cases when the Department Head deems an emergency to exist. Any unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the Finance Committee. The Finance Committee shall, following financial review with the Treasurer's Office, make a final recommendation to the Legislature on such unappropriated expenditure. A department's request for unappropriated funds shall contain a reasonable estimate in writing for such expenditure. Any resolution approving an unappropriated expenditure shall contain the funding source (Res. No. 97-1983)."
VOTE: Passed 8-0.
RESOLUTION NO. 171A Motion by Smith, second by Halpin.
RE: MOTION TO TABLE RESOLUTION NO. 171
BE IT RESOLVED, that Resolution No. 171 be tabled.
DISCUSSION: Legislator Fitzsimmons, who was unable to attend the Corrections, Reformation and Education Committee meeting, feels there are potential implications that come with this resolution. He understands the feeling of the community that criminals get off easy, but feels this is not the appropriate legislation. Legislator Smith recalled the Corrections Committee having a lengthy discussion on the resolution and asked to have an opportunity to express his opinion as a member of the Corrections Committee. Legislator Fitzsimmons said he does not support the death penalty, none the less youthful offenders that would be put to death or sentenced to life in prison if convicted. Legislator Hastings said she felt she was not in the position to approve this resolution and asked to abstain. It was felt that the issue should go back to Committee for further discussion. Legislator Smith withdrew his request to vote upon this resolution tonight. Legislator Hastings "called for the question".
VOTE: Passed 7-1. No: Fitzsimmons.
RESOLUTION NO. 171 Motion by Karius, second by Young.
RE: SUPPORT CHANGES IN NEW YORK PENAL AND CRIMINAL PROCEDURES - TABLED
WHEREAS, this County Legislature agrees that murders and violent crimes against children are ever increasing in New York State and across our nation, and
WHEREAS, these violent acts are the most heinous of crimes in our society, and
WHEREAS, the residents of Schuyler County agree that harsher punishment must be given to persons who commit these violent acts against our children, and
WHEREAS, we believe the lawmakers of New York State must take a leading role in changing the laws that govern New York State in regard to violent acts against our children.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the following changes in the New York State Penal and Criminal Procedure Law:
1) In regard to the murder of a child, the age defined as a child be 18 years or younger.
2) No plea bargaining will be allowed to reduce the sentence of a child killer, and
BE IT FURTHER RESOLVED, that the following changes be made in regard to the perpetrators:
1) A convicted child killer will be sentenced to his natural life in prison, or death if allowed by State Law, and will not be allowed parole with the first offense.
2) In any violent acts committed against children, including non-parental abduction and all sexual violations, the perpetrator be sentenced to the maximum time allowed using NYS Law and must serve this sentence without parole, and upon parole these offenders should be required to register their residence with the County Sheriff, and
BE IT FURTHER RESOLVED, that this Legislature directs the Legislative Clerk to send a copy of this resolution to all our State representatives who represent any or all parts of Schuyler County, and
BE IT FURTHER RESOLVED, that this Legislature directs the Legislative Clerk to send a copy of this resolution to every county in New York State asking for their support to adopt this resolution.
RESOLUTION NO. 172 Motion by Karius, second by Young.
RE: AUTHORIZE HIRING OF SENIOR STAFF SOCIAL WORKER - MENTAL HEALTH
WHEREAS, there will exist a vacancy in the Mental Health Department for a Senior Staff Social Worker due to a promotion to Supervising Social Worker, and
WHEREAS, the position of a Senior Staff Social Worker in the Mental Health Department is essential to operation of the Department.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the advertising and hiring of a Senior Staff Social Worker in the Mental Health Department at a salary of $28,058.
VOTE: Passed 8-0.
RESOLUTION NO. 173 Motion by Smith, second by Burnside.
RE: ACCEPT/REJECT BIDS FOR TAX DEED PARCELS REMAINING UNSOLD FROM TAX AUCTION
WHEREAS, Resolution No. 121-94 authorized advertisement for bids for tax deed parcels remaining unsold from the tax auction, and
WHEREAS, said advertisement was made, bids received and opened at the Finance Committee on April 4, 1994.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Finance Committee, this Legislature accept the following bid:
For Parcel No. 2: Howard Howell
#17.12-1-15.1 4121 County Route 25
(formerly Gee) Dundee, New York 14837
$2,200
, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
For Parcel No. 1: Richard L. Bitter, Jr.
#88.13-1-62 4181 County Route #1
(formerly DeSarno) Valois, New York 14888
$250.00
For Parcel No. 2: Richard L. Bitter, Jr.
4181 County Route #1
Valois, New York 14888
$110.00
NOTE: The bid submitted by Howard Howell was for Mr. Robert G. Buono, R.D. #1, Route 70, Arkport, New York 14807. The envelope on the bid had Mr. Howell's name and address on it. Mr. Buono's name and address on the bid was not noticed until after the resolution was adopted. Pursuant to the County Attorney's opinion, notation of the situation would be suffice to rectify the situation. Mr. Buono will be notified of his accepted bid.
VOTE: Passed 8-0.
RESOLUTION NO. 174 Motion by Smith, second by Burnside.
RE: REJECT BID FOR PRESSURE TREATED TIMBERS
WHEREAS, Resolution No. 138-94 authorized advertisement for bids for pressure treated timbers for the Seneca Harbor Park seawall project, and
WHEREAS, said advertisement was made and one bid received and opened at a special Community Development, Planning & Expansion Committee meeting on April 28, 1994, and
WHEREAS, Schamel Brothers have advised the County that the lake is too high for them to proceed with the work until approximately August and further recommends that the County hold up on purchasing the timber, and
WHEREAS, Wickes Lumber has expressed willingness to bid a second time and there is a possibility of more bids being received at a later date.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature reject the one bid received for pressure treated timbers from Wickes Lumber, 100 Commercial Avenue, Ithaca, New York 14850, and
BE IT FURTHER RESOLVED, that the Purchasing Division be, and hereby is, authorized to request competitive bids for pressure treated timbers at such time as deemed appropriate by the Community Development, Planning & Expansion Committee.
VOTE: Passed 8-0.
RESOLUTION NO. 175 Motion by Smith, second by Burnside.
RE: AUTHORIZE TRANSFER OF FUNDS - DISTRICT ATTORNEY
WHEREAS, the District Attorney's Office is in receipt of an attorney's bill for special prosecutor services in the total amount of $8,221.04, and
WHEREAS, $2,482.04 is for services performed from August 31, 1993 through December 31, 1993 and $5,739.00 is for services performed in 1994, and
WHEREAS, the 1993 portion of the bill can be paid accordingly, however, there is only $2,500 allocated in 1994 District Attorney account no. 1165.435 for this type of expense, and
WHEREAS, it is felt that $1,000 should be left in this account for the remainder of the year for any other special prosecutor services which may arise.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer $3,000.00 from account no. 1930.400 (Judgments and Claims) and $1,239.00 from account no. 1990.500 (Contingency) to District Attorney account no. 1165.435 (Professional Fees and Services).
VOTE: Passed 8-0.
RESOLUTION NO. 176 Motion by Young, second by Smith.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS - 121
PART-TIME ADMINISTRATIVE POSITIONS - 55
FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4
FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23
APPOINTMENTS:
EFFECTIVE
NAME TITLE DEPARTMENT DATE SALARY TYPE
MUNROE, Darlene Sr. Account Social Svcs. 03/14/94 15,609 Perm
Clerk Typist
SALBEGO, Rose Account Clerk Home Health 02/22/94 7.8208 Prov
Typist (30 hrs./wk.-grant funds)
SCHMIDT, Debra Conf. Sec'y. County Atty. 03/14/94- 15,760 Exmt
Trainee 04/08/94
APPOINTED OFFICIALS:
FRANZESE, Chairman Legislature 02/01/94- 7,000 Term
Angeline B. 12/31/94
NAME TITLE DEPARTMENT DATE
RESIGNATIONS:
SCHMIDT, Debra L. Sr. Acct. Clk. Typ.Social Svcs. 03/11/94
TERMINATIONS:
JOHNSON, Lawrence Youth Counselor Youth Bureau 12/31/93
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 8-0.
RESOLUTION NO. 177 Motion by Young, second by Smith.
RE: APPOINTMENTS - PROFESSIONAL ADVISORY AND HEALTH SERVICES ADVISORY COMMITTEES
BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Professional Advisory and Health Services Advisory Committees for the respective terms, to wit:
VOTE: Passed 8-0.
RESOLUTION NO. 178 Motion by Young, second by Smith.
RE: AUTHORIZE CONTRACT - DEMJANEC & ASSOCIATES FOR ARCHITECTURAL & ENGINEERING SERVICES FOR VARIOUS COUNTY BUILDINGS
WHEREAS, the Schuyler County Legislature has recognized the need of several large projects as per Resolution No. 403-93, and
WHEREAS, funding for these projects has been appropriated per Resolution Nos. 480 and 482-93, and
WHEREAS, it is necessary to have the professional services of an architectural and engineering firm.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a contract with Demjanec & Associates Architects for a fixed fee of $29,750, and
BE IT FURTHER RESOLVED, that the five (5) projects to be covered by this contract are: 1) Rural Urban Center roof replacement; 2) Rural Urban Center accessible restrooms and Office for Aging accessible restrooms; 3) Office for Aging roof replacement; 4) Office for Aging canopy and facade; and 5) Office complex parking lot, office complex residence removal, Rural Urban Center ramp and sidewalk, and Rural Urban Center parking lot entrances, and
BE IT FURTHER RESOLVED, that the level of service shall be as described in Demjanec & Associates proposal dated March 24, 1994 and further clarified in letters dated March 25 and March 28, 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 179 Motion by Young, second by Smith.
RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS
WHEREAS, the bills have been audited and ordered paid.
NOW, THEREFORE, BE IT RESOLVED, that Abstract 3 of 1994, bills numbered as follows: General Fund #1230 - #1626; Capital General Fund #1627 - 1630; County Road Fund #1631 - #1641; Machinery Fund #1642 - #1666, as certified by the Chairman and Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and
BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed.
I General Fund
Human Services Committee $ 26,466.39
Legislative Committee 2,221.59
Agriculture/Natural Resource 60,599.25
Finance Committee 10,538.06
Administrative Committee 80,821.31
Corrections, Refor. & Ed. 225,284.16
Co. Clerk/Elections Comm. 1,035.52
Public Health Committee 32,042.15
Mental Health Committee 80,001.56
Public Safety Committee 20,471.80
Assessment/Taxation Comm. 8,073.77
Buildings & Grounds Comm. 26,292.68
Community Development,
Planning & Expansion 19,540.00
Highway Committee 8,893.08
Total General Fund..........$602,281.32
II Capital General Fund
Buildings and Grounds Comm. $137,185.56
Total Capital General Fund..$137,185.56
III Trust Fund
Gazebo Fund $ 00.00
Total Trust Fund............$ 00.00
IV County Road Fund
Total County Road Fund......$ 6,863.66
V Machinery Fund
Total Machinery Fund........$ 9,903.92
TOTAL AUDIT.....$756,234.46
APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig
Chairman Clerk
Schuyler County Legislature Schuyler County Legislature
VOTE: Passed 8-0.
RESOLUTION NO. 180 Motion by Young, second by Hastings.
RE: AUTHORIZE THREE (3) RESOLUTIONS BE BROUGHT TO THE FLOOR
BE IT RESOLVED, that three (3) resolutions be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 181 Motion by Smith, second by Karius.
RE: SUPPORT OF THE UPPER SUSQUEHANNA RIVER BASIN STRATEGIC PLAN
WHEREAS, the quality of our water is important to the people of the nation, and
WHEREAS, the Chesapeake Bay has been identified as a major estuary that has been negatively impacted by nutrients and sediment, and
WHEREAS, the upper reaches of the Upper Susquehanna River Basin contains 6.1 million acres which drain into the Chesapeake Bay, and
WHEREAS, it is estimated that the Upper Susquehanna River Basin in New York contributes 21.9 million pounds of nitrogen and 0.64 million pounds of phosphorus to the Chesapeake Bay, and
WHEREAS, Schuyler County is within the Upper Susquehanna River Basin, and
WHEREAS, the local soil and water conservation districts within the Upper Susquehanna River Basin have developed a strategic plan to address non-point sources of pollution, and
WHEREAS, the implementation of such a plan would be beneficial to the people of Schuyler County and of the nation.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the concept of total watershed management as outlined in the "Strategic Plan for Strengthening the Coordinated Regional/Bi-State Approach to Protection and Improving Water Quality in the Upper Susquehanna River Basin", and
BE IT FURTHER RESOLVED, the Clerk of this Legislature be directed to send copies of this resolution to all the appropriate officials.
DISCUSSION: Tom Brace explained that the purpose of this action is to put a viable program on the table for discussion to protect regional water quality. The goal is the year 2000 and there is a need to accelerate implementation. Chairman Franzese noted that Southern Tier Central Regional Planning & Development Board will also be supporting this issue. In response to Legislator Fitzsimmons' question, Mr. Brace said that the Farm Bureau supports the concept, as well as the Grange and Cooperative Extension.
VOTE: Passed 8-0.
RESOLUTION NO. 182 Motion by Young, second by Fitzsimmons.
RE: DECLARATION OF APRIL 28, 1994 AS "WORKERS' MEMORIAL DAY"
WHEREAS, April 28th is the day chosen by the national labor movement for the observation of Workers' Memorial Day to remember all workers who have died or been injured on the job, and
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature proclaims April 28, 1994 as Workers' Memorial Day and supports the call for moment of silence at workplaces throughout the County at 2:00 p.m. in memory of all workers who have died or been injured on the job.
VOTE: Passed 8-0.
RESOLUTION NO. 183 Motion by Burnside, second by Karius.
E: ACCEPT RESIGNATION/AUTHORIZE APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY
WHEREAS, the County Attorney is in receipt of Barbara Klemann-Caldwell's resignation as Confidential Secretary to the County Attorney effective April 8, 1994.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature accepts the resignation of Barbara Klemann-Caldwell as Confidential Secretary to the County Attorney effective April 8, 1994, and
BE IT FURTHER RESOLVED, that this Legislature acknowledges the appointment by James P. Coleman, County Attorney of Debra Schmidt as Confidential Secretary to the County Attorney at a salary of $16,774 effective April 11, 1994 for the unexpired term ending December 31, 1995.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Halpin reminded fellow legislators of the April 12th Administrative Committee meeting at 9:00 a.m. Legislator Hastings passed around a plaque that the Soil & Water Conservation Office received. Legislator Hastings gave outlines on information she has obtained from different agricultural meetings she has attended. Legislator Hastings said that they have created an Agricultural Services Committee to involve different agricultural groups in the area to open up communications and increase community awareness. She invited the legislators to attend the Farm Bureau's annual dinner on April 15th and advised them to contact Ben Dickens if interested. Legislator Young advised that the CASA Program is in full gear and that he has a meeting tomorrow morning with Judge Callanan and others to deal with the issue. Legislator Young said they are still working on space for the Youth Bureau Office. He further announced that all Community Development, Planning & Expansion Committee meetings will be held in the Legislative Chambers from now on. Legislator Karius announced a special Human Services Committee meeting on April 14th at 4:30 p.m. regarding the contract for veterans services. Legislator Halpin said that the bonds are in process of being sold and that the County received an "A" rating.
UNFINISHED BUSINESS: None.
NEW BUSINESS: Chairman Franzese said she is in receipt of a letter from Senator Kuhl regarding the lake watch, explaining the water levels. She further reminded the legislators of Southern Tier Central Regional Planning & Development Board's 25th Anniversary Dinner on May 12, 1994. Legislator Halpin announced that the county now has access to a Recycling Coordinator at Cooperative Extension and his name is Jeffrey VanSon.
PUBLIC PARTICIPATION - 8:52 P.M.: Tom Ryan, Odessa, asked if the county is looking into fingerprinting Social Services clients as it might save money.
The meeting adjourned at 9:02 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
The May 9, 1994 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:35 p.m. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese read the one emergency resolution coming to the floor tonight by title.
Chairman Franzese announced that the Legislative Offices have moved to the second floor of the courthouse until the new addition is complete. She advised that for those who are handicapped, the court offices are available to assist them in contacting our office. She further advised that all committee meetings will be held in the Civil Defense Conference Room in the basement of the Sheriff's Department unless otherwise noted. The Legislative calendar is in the hallway of the first floor of the courthouse where it has always been.
PRESENTATION TO ROBERT E. COLLINS: Chairman Franzese presented a gift to Mr. Collins for serving on the Legislature for the years 1992-93. Chairman Franzese commented on Mr. Collins' dedication and hard work for Schuyler County and wished him a wonderful retirement from public service. Mr. Collins thanked everyone for the gift and opportunity to serve the community.
PUBLIC PARTICIPATION - 6:43 P.M.: Mary German, Odessa, brought up the issue of $10,000 for household hazardous waste and would like the Legislature to consider putting $10,000 in the 1995 budget towards this as it will take $50,000 to complete the project. Chairman Franzese closed Public Participation at 6:45 p.m. with no objection from the public.
RESOLUTION NO. 184 Motion by Fitzsimmons, second by Young.
RE: APPROVE MINUTES OF THE FEBRUARY 14, 1994 AND MARCH 14, 1994 REGULAR MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the February 14, 1994 and March 14, 1994 Regular Meetings of the Schuyler County Legislature be approved.
DISCUSSION: Chairman Franzese included clarification for the record on the March minutes as follows:
"On December 29, 1993, Mr. Smith was informed by officials of the New York State Department of Audit & Control that they, Audit and Control, had determined, that by law, a disclosure was necessary of his wife's employment."
Legislator Smith questioned the County Attorney on the appropriateness of having the minutes changed by Chairman Franzese when she was not present at the meeting. Legislator Smith said he made it perfectly clear at that meeting that the request came from Audit and Control and that it was also checked upon a number of times via telephone calls to Audit and Control by the Chairman of the Legislature.
VOTE: February Minutes - 8-0.
March Minutes - 6-2 (Noes: Smith & Hastings)
RESOLUTION NO. 185 Motion by Young, second by Hastings.
RE: CREATE ADVERTISING LINE ITEM - CENTRAL DATA PROCESSING
WHEREAS, it is necessary to have a advertising line item in the Central Data Processing budget for the purpose of paying advertising bills for the computer consultant.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to create line item 1680.402 in the 1994 Central Data Processing budget, and
BE IT FURTHER RESOLVED, that $500.00 be transferred from acct. no. 1680.408 to acct. no. 1680.402.
VOTE: Passed 8-0.
RESOLUTION NO. 186 Motion by Young, second by Hastings.
RE: TRANSFER FUNDS FOR COMPUTER SOFTWARE - CENTRAL DATA PROCESSING
WHEREAS, the 1994 budget for Central Data Processing lists line item .578 for Computer Software, and
WHEREAS, computer software should be an item listed in the fixed assets and therefore should be in the equipment group.
NOW, THEREFORE, BE IT RESOLVED, that $3,000 be transferred from Central Data Processing acct. no. 1680.578 to acct. no. 1680.278.
VOTE: Passed 8-0.
RESOLUTION NO. 187 Motion by Young, second by Hastings.
RE: APPROVAL OF ALTERNATIVES TO INCARCERATION SERVICES PLAN 1994-95
WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the fiscal year 1994 through 1995, and
WHEREAS, said Plan and Budget have been reviewed and both appear to be in order.
NOW, THEREFORE, BE IT RESOLVED, that the 1994-95 Criminal Justice Advisory Plan and Budget be, and hereby are, approved by the Schuyler County Legislature, and
BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council submit the same to the New York State Division of Probation and Correctional Alternatives for approval.
VOTE: Passed 8-0.
RESOLUTION NO. 188 Motion by Hastings, second by Young.
RE: PROCLAIM THE MONTH OF MAY "FOSTER PARENT MONTH"
WHEREAS, Governor Cuomo, as part of the Decade of the Child Program, has proclaimed May, 1994 "Foster Parent Month", and
WHEREAS, Schuyler County also wishes to honor foster parents for their outstanding work with foster children and their biological parents.
NOW, THEREFORE, BE IT RESOLVED, that May, 1994 be, and hereby is, proclaimed "FOSTER PARENT MONTH", and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be presented to each foster parent in thanks for their dedication to improving the lives of Schuyler County Youth.
VOTE: Passed 8-0.
RESOLUTION NO. 189 Motion by Hastings, second by Young.
RE: AMEND RESOLUTION NO. 90-94/APPOINTMENT OF FINGER LAKES ASSOCIATION REPRESENTATIVE
BE IT RESOLVED, that Resolution No. 90-94 to read as follows by deleting the second "Be It Resolved" clause:
"BE IT RESOLVED, that Angeline B. Franzese, Chairman of the Schuyler County Legislature, be appointed to represent Schuyler County on the Finger Lakes Association Board of Directors for 1994."
VOTE: Passed 8-0.
INTRO NO. 6 - WITHDRAWN
RE: APPOINTMENTS - PLANNING COMMISSION AND EMC
RESOLUTION NO. 190 Motion by Hastings, second by Young.
RE: RESOLUTION OF RECOGNITION TO SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD AND RICHARD C. BORNHOLDT
WHEREAS, the Southern Tier Central Regional Planning and Development Board has provided exceptional planning and economic development services to Schuyler County for a quarter of a century, and
WHEREAS, the Schuyler County Legislature is deeply appreciative of these services, and
WHEREAS, Schuyler County resident Richard C. Bornholdt played a vital role in the creation of the Southern Tier Central Regional Planning and Development Board, and
WHEREAS, Mr. Bornholdt has tirelessly and continually represented Schuyler County on the Southern Tier Central Board of Directors.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby extend grateful appreciation to the Southern Tier Central Regional Planning and Development Board for its twenty-five years of exemplary service and to Mr. Richard C. Bornholdt for his twenty-five years of service to the Southern Tier Central Board on behalf of Schuyler County, and
BE IT FURTHER RESOLVED, that copies of this resolution be formally presented on the 12th day of May, 1994 to both the Chairman of the Board of Southern Tier Central and to Mr. Richard C. Bornholdt.
VOTE: Passed 8-0.
Duane Spilde, Community Services Director, noted that new people had entered the meeting and requested that Public Participation be re-opened with Chairman Franzese obliging. Dr. Paul Donnelly said he was asked to attend by John Hayes, Chairman of the Community Services Board, in regards to the proposed Mental Health building site. Dr. Donnelly urged the Legislature to adopt the proposed site and to keep in mind the time restrictions. Public Participation was declared closed at 7:00 p.m.
PUBLIC HEARING - 7:00 P.M. - LOCAL LAW #3 OF THE YEAR 1994: Bill Elkins complimented Jim Howell, Watershed Inspector, on his hard work with the local law and how well he works to help the public. Mr. Elkins expressed concern that the local law not be oppressive, specifically relating to selling property, requesting optional septic checks. Jim Howell and Attorney Coleman both felt that this was explained under Definition for Certification of Issuance, and that the regulation stated "if" required. Bill Newell, Reading, spoke in support of the local law stating he felt it was very clear, protects the environment and gives latitude relative to enforcement. Guy Schamel, Hector, supported the local law, but expressed concern with property transferred within family possibly including a time deadline, such as within three years, but this could be addressed if needed in the future. Mary German, Odessa, said the Environmental Management Council had reviewed the law and felt it was very good and informative. Clara Wagner spoke on behalf of a group of people present, the Concerned Citizens of Alpine, relative to refuse removal and junk removal. Mr. Howell noted that refuse removal has always been in the Watershed law and he has tried to clarify it further in the new law. Junk removal is not a county responsibility, but a town responsibility. This group had many concerns and Chairman Franzese asked the parties to get together to address some of these concerns. Casey Creamer asked if this law is adopted if it would include all municipalities within the county. Mr. Howell responded affirmatively excluding the Village of Burdett. Frank Ganung, Town of Dix, asked if this law would affect the responsibilities of town health officers. Mr. Howell responded negatively. Chairman Franzese declared the Public Hearing closed at 7:52 p.m.
PRESENTATION - 7:52 P.M. - CURT RIPLEY, COMMUNITY PROGRESS, INC.: Mr. Ripley explained that Community Progress is a tri-county agency and that they opened the office in October of 1990. Last year they received $100,000 federal monies, the HOME grant, for low income families who own their homes and need home repairs. They hope to complete this project by August. Community Progress just completed grants for Towns of Hector and Orange (54 applied in Town of Hector, 33 applied in Town of Orange). This program requires that homes be brought up to federal regulations. The cost averages $18,000 per home. The NYS Division of Housing will make the decision on these monies. Mr. Ripley urged state legislators to be contacted to support our area receiving these monies. Mr. Ripley explained that CPI also does a weatherization program with NYSEG every year in the fall and encouraged the public to have NYSEG do a free home energy survey for them. Chairman Franzese thanked Mr. Ripley for attending and concluded the presentation at 8:00 p.m.
RESOLUTION NO. 191 Motion by Smith, second by Young.
RE: RE-AFFIRM COMMITMENT OF SCHUYLER COUNTY TO REDEC
WHEREAS, Schuyler County supports the Regional Economic Development and Energy Corporation's revolving loan fund through the Economic Development Administration, and
WHEREAS, Schuyler County budgeted $15,000 in the 1994 Budget to provide local match funding for this program, and
WHEREAS, notice has been received that REDEC will not be funded in fiscal year 1994 and the recapitalization request will be resubmitted in June 1994 for funding in fiscal year 1995 which begins October 1st.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby reaffirm its continued support of the REDEC revolving loan fund and will again provide the $15,000 matching local funds in the 1995 Budget.
VOTE: Passed 8-0.
RESOLUTION NO. 192 Motion by Young, second by Halpin.
RE: CREATE POSITION OF SENIOR ACCOUNT CLERK TYPIST - LEGISLATURE
WHEREAS, the Buildings and Grounds Committee and the Administrative Committee have evaluated the need for clerical support staff in the Buildings & Grounds and Legislature Departments, and
WHEREAS, it is the recommendation of both committees that the position of Sr. Account Clerk Typist (said position having been titled by the Civil Service Commission) be created to be shared by the two departments.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby create the position of Sr. Account Clerk Typist for the Buildings & Grounds and Legislature Departments, and
BE IT FURTHER RESOLVED, that the funding source for this position is to be funds in the 1620.1 and 1010.1 Accounts and that the hours shall be divided approximately 25 hours per week - Legislature and 10 hours per week - Buildings & Grounds, and
BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor and the Clerk of the Legislature are hereby authorized to jointly interview and fill the position as soon as possible.
DISCUSSION: Legislator Hastings questioned whether a Sr. Account Clerk Typist could be hired without an Account Clerk Typist being in place to be supervised. Margaret Jensen, Personnel Director, explained this could be done given the duties and responsibilities the job requires. Legislator Smith noted that duties have been removed from the Legislative office over the last year and one-half and at one point even a Senior Employment person with no skills worked in the office. Legislator Halpin said that the Committee has waited 2 1/4 years to see how changes in duties would affect the office. The office keeps falling behind, now they are very far behind, and have tried different things to keep up with no result. Legislator Halpin explained the position will be shared with the Buildings and Grounds Department. She said she feels that the Legislative Office is the management end of the county and needs to be able to keep up with their duties. Legislator Smith inquired as to the funding sources. Legislator Halpin said that there is money available in each department's personnel accounts, but there may be some transfers within the Legislative accounts towards the end of the year. Legislator Hastings said if the county hires a manager, there may be a change, and felt the $3,000 in the budget should be used for the original intent, temporary help. Legislators Burnside and Young spoke in strong support of the need for the position. Legislator Fitzsimmons asked what the total salary would be and Mrs. Craig responded the Legislative share is $6,600 for the rest of the year and Buildings and Grounds Department share is $2,500-2,600. Legislator Fitzsimmons then asked what the long range plan was and Legislator Halpin said this position will probably remain, but they are still not clear on the Personal Secretary position. Legislator Karius asked if a statement could be inserted into the resolution that when the county manager is hired if he feels the position is not needed, it would be eliminated. It was felt that this would be the county manager's prerogative. MOTION by Fitzsimmons to start the position at 20 hours per week. Motion failed for lack of a second.
VOTE: Passed 5-3. (Noes: Karius, Smith & Hastings)
RESOLUTION NO. 193 Motion by Halpin, second by Young.
RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE HIGHWAY DEPARTMENT UNIT OF CSEA LOCAL 849
WHEREAS, compensation for hours worked during a Schuyler County emergency shutdown was not addressed in the current contract, and
WHEREAS, the President of CSEA Local 849 has requested that it be addressed by a Memorandum of Understanding and that such hours worked be compensated in the same manner as provided in the Administrative Unit Contract.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Memorandum of Understanding with the Highway Department Unit of CSEA Local 849 as follows:
Emergency Shutdown
Any employee who is directed to report to work and who actually works during any emergency shutdown period as declared by the County Sheriff and Chairperson of the County Legislature will be compensated at the rate of time and one-half for all hours worked.
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 194 Motion by Halpin, second by Burnside.
RE: ADJUSTMENT OF SALARY OF DEPUTY COUNTY CLERK
WHEREAS, the Administrative Committee has reviewed the salary of the Deputy County Clerk, Linda Compton, and recommends an adjustment of the current salary.
NOW, THEREFORE, BE IT RESOLVED, that the salary of Linda Compton, Deputy County Clerk, be increased to $20,748 effective 5/10/94.
DISCUSSION: Legislator Smith asked for the history on this resolution. Legislator Halpin said that this was the first individual hired under the new management salary policy and there was some disagreement on the salary at the time of hire. The new OFA Director was not set at the minimum like the Deputy County Clerk was. The Administrative Committee has set a policy on determining ranges for setting salaries and used it in making this determination.
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 195 Motion by Halpin, second by Burnside.
RE: AMEND RESOLUTION NO. 123-94 RELATIVE TO THE PRIVATE INDUSTRY COUNCIL'S SYETP GRANT
BE IT RESOLVED, that Resolution No. 123-94 be amended by changing the number of Youth Employment Training Coordinators in the last "Be It Resolved" clause from two (2) to three (3).
VOTE: Passed 8-0.
RESOLUTION NO. 196 Motion by Halpin, second by Burnside.
RE: INCREASE HOURS OF YOUTH BUREAU DIRECTOR - 4/1/94-9/30/94
BE IT RESOLVED, that the hours of the Youth Bureau Director be temporarily increased to 35 hours per week for the purpose of administration of the Summer Youth Employment Training Program for the period 4/1/94 through 9/30/94, or until the SYETP Grant funds are expended if sooner than that date, and
BE IT FURTHER RESOLVED, that the hours for the Youth Bureau Director shall return to the authorized 17 1/2 hours per week effective 10/1/94 or upon depletion of the SYETP Grant funds, whichever occurs earlier.
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 197 Motion by Halpin, second by Burnside.
RE: AUTHORIZATION FOR BUDGET AMENDMENTS - YOUTH BUREAU
BE IT RESOLVED, that budget amendments for interfund transfers under New York State Division for Youth (DFY) Youth Development/Delinquency Program (YDDP) be authorized for signature by the Schuyler County Youth Bureau Director after receiving written approval from the Community Development, Planning & Expansion Committee, and
BE IT FURTHER RESOLVED, that the Youth Bureau Director is required to provide copies of these budget amendments to the Chairman of the Legislature and the Chairman of the Community Development, Planning and Expansion Committee, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to submit to DFY written authorization for the Youth Bureau Director to sign non-increase budget amendments in YDDP.
VOTE: Passed 7-1. (No: Karius)
RESOLUTION NO. 198 Motion by Young, second by Burnside.
RE: AUTHORIZE INCREASE IN HOME HEALTH AGENCY RATES
WHEREAS, the Home Health Agency maximizes its reimbursement rates from Medicare and Medicaid when the visit rates it charges exceed the cost of the visits, and
WHEREAS, the Home Health Agency recently calculated new costs per visit on its 1993 Medicare Cost Report, and
WHEREAS, the Home Health Agency must now increase some of its visit rates so that they will exceed the visit costs, and
WHEREAS, people who do not have Medicare or Medicaid and who cannot afford the Home Health Agency rates can apply for reduced fees based on their income.
NOW, THEREFORE, BE IT RESOLVED, that the Home Health Agency increase its rates effective June 1, 1994 as follows:
Skilled Nursing $55/visit
Physical Therapy $80/visit
VOTE: Passed 8-0.
RESOLUTION NO. 199 Motion by Young, second by Burnside.
RE: CONTRACT - MARGARET SHUTTER - CERTIFIED TEACHER OF THE SPEECH AND HEARING HANDICAPPED
WHEREAS, Schuyler County must provide speech therapy for eligible children in the preschool special education program, and
WHEREAS, these services may be provided by a Certified Teacher of the Speech and Hearing Handicapped.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with Margaret Shutter for speech therapy services at the rate of $30 per half hour session from May 10, 1994 through June 30, 1995; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 200 Motion by Young, second by Burnside.
RE: CONTRACT - KAREN BULKLEY - CERTIFIED TEACHER OF THE SPEECH AND HEARING HANDICAPPED
WHEREAS, Schuyler County must provide speech therapy for eligible children in the preschool special education program, and
WHEREAS, these services may be provided by a Certified Teacher of the Speech and Hearing Handicapped.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with Karen Bulkley for speech therapy services at the rate of $30 per half hour session from May 10, 1994 through June 30, 1995; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 201 Motion by Young, second by Burnside.
RE: CONTRACT - MARK STAWASZ - MEDICAL SOCIAL WORKER
WHEREAS, the Home Health Agency needs to provide Medical Social Worker services, as listed on its Operating Certificate, to meet the needs of its patients.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with Mark Stawasz for medical social worker services at the rate of $35 per hour from June 1, 1994 through May 31, 1995; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 202 Motion by Young, second by Burnside.
RE: ACCEPT ESTIMATE FROM LABELLA ASSOCIATES, P.C. FOR ENGINEERING SERVICES
WHEREAS, the Schuyler County Highway Department has solicited quotes for engineering services for seventeen (17) wooden structures in Schuyler County, and
WHEREAS, there were two (2) quotes received, one from LaBella Associates, P.C. in the amount of $75,000 and the other from Hunt Engineers & Architects in the amount of $85,500, and
WHEREAS, it is the recommendation of the Highway Committee to accept the quote from Labella Associates, P.C. in the amount of $75,000 for the above services, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute any necessary documents pertaining thereto; subject to approval of the Schuyler County Attorney.
DISCUSSION: Legislator Smith asked if this pertained to flagged bridges and Legislator Young responded affirmatively.
VOTE: Passed 8-0.
RESOLUTION NO. 203 Motion by Young, second by Smith.
RE: DECLARE EQUIPMENT SURPLUS/AUTHORIZE SALE - HIGHWAY
WHEREAS, ten (10) calcium tanks and pumps in the Highway Department are no longer needed for use in the department.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declare ten (10) calcium tanks and pumps in the County Highway Department surplus pursuant to County Law Section 215, and
BE IT FURTHER RESOLVED, that the Highway Superintendent be, and hereby is, authorized to sell the above to the highest bidder per sealed bids after advertising in the legal newspaper.
VOTE: Passed 8-0.
RESOLUTION NO. 204 Motion by Young, second by Smith.
RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR LIGHTNING ROD PROTECTION
WHEREAS, two (2) previous lightning strikes have occurred at Schuyler County Highway Department causing considerable damage, and
WHEREAS, the purchase of highway lightning rod protection is provided for in the 1994 (D5130.277) budget, and the Highway Committee has approved the purchase.
NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be, and hereby is, authorized to advertise and receive bids for Lightning Rod Protection for the Highway Department complex; bid specifications available upon request from the Purchasing Department, 105 Ninth Street, Watkins Glen, NY.
VOTE: Passed 8-0.
RESOLUTION NO. 205 Motion by Young, second by Smith.
RE: APPOINTMENT - MARTHA N. ASHLEY - CIVIL SERVICE COMMISSIONER
WHEREAS, Martha N. Ashley's appointment as Civil Service Commissioner expires May 31, 1994, and
WHEREAS, Mrs. Ashley has indicated it would be her pleasure to be reappointed to the position of Commissioner, and
WHEREAS, it is the recommendation of the Civil Service Commission that this reappointment be made.
NOW, THEREFORE, BE IT RESOLVED, that Martha N. Ashley be reappointed Civil Service Commissioner for the term June 1, 1994 through May 31, 2000 at an annual salary of $1,500.00.
VOTE: Passed 8-0.
RESOLUTION NO. 206 Motion by Young, second by Smith.
RE: AUTHORIZE AGREEMENT BY SCHUYLER COUNTY TO MAINTAIN A CERTAIN COUNTY ROAD WHICH IS A PORTION OF THE STATE ROUTE 414, S.R. 79 TO HECTOR PROJECT DESIGNATED AS NEW YORK PROJECT PIN 6224.15
WHEREAS, the New York State Department of Transportation has submitted to Schuyler County a proposed agreement by which the County is to maintain 0.024 centerline miles of County Roads (shown as part numbered 7A on the Table of Maintenance) known as County Road 5/Tug Hollow Road to be designated as a portion of New York Project No. 6224.14, and said proposed agreement also provides for Schuyler County to request the Department of Transportation, to submit the aforementioned project with the recommendation that it be approved by the Administrator of the United State Federal Highway Administration, and that if such project is approved and constructed by the Department and the Administrator of the United States Federal Highway Administration, Schuyler County will thereafter at its own cost and expense maintain the previously described portion of this project in a manner satisfactory to the Department of Transportation and the Administrator of the United States Federal Highway Administration, or their authorized representatives, and make ample provision each year for such maintenance.
NOW, THEREFORE, BE IT RESOLVED, that Schuyler County shall maintain such road and guarantee the maintenance of such road when constructed and will pay the cost of such maintenance and will maintain the project in a manner satisfactory to the New York State Department of Transportation or its authorized representatives, and will make ample provisions each year for such maintenance, and
BE IT FURTHER RESOLVED, that the New York State Department of Transportation submit such project to the Administrator of the United States Federal Highway Administration and recommend to him the approval of the same for construction with funds apportioned to the State for construction of Highways and related projects under the provisions of Federal Highway Acts, and
BE IT FURTHER RESOLVED, that this County act through its Legislative Chairman and Clerk, which are hereby authorized to act for this County Legislature and make and enter into agreement with the State Department of Transportation, in manner and form and substance as herein stated and in accordance with the form of contract herein mentioned as having been submitted to this County Legislature for action, and that this Legislature furnish two certified copies of this resolution authorizing the Legislative Chairman and Clerk of this County Legislature to execute the agreements on behalf of the County such Legislative Chairman and Clerk being fully authorized and directed to make and enter into agreements on behalf of Schuyler County in any manner and form required by the Department of Transportation, or the Administrator of the United States Federal Highway Administration and attach the seal of the County thereto, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature is hereby directed to transmit two (2) certified copies of the foregoing resolution to the State Department of Transportation.
DISCUSSION: Legislator Fitzsimmons asked if this will resolve the Tug Road problems and Legislator Young responded negatively.
VOTE: Passed 8-0.
RESOLUTION NO. 207 Motion by Young, second by Smith.
RE: AUTHORIZE CHANGE IN LINE ITEM DESCRIPTION - HIGHWAY
WHEREAS, the 1994 County Road Fund for the Highway Department provides for Reconstruction County Road 16 (D5112.388) in the amount of $50,000, and
WHEREAS, due to Camp Monterey (Evergreen Hill Road) construction the summer of 1994, the Highway Committee approved said project and monies to be used for County Roads 19 & 20.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to change the line item description to read the following: $50,000 - Permanent Improvements D5112.0388 CR 19 & 20.
VOTE: Passed 8-0.
RESOLUTION NO. 208 Motion by Smith, second by Fitzsimmons.
RE: AUTHORIZE LOCAL WAIVER IN ACCORDANCE WITH 10 NYCRR APPENDIX 75-A - WATERSHED DEPARTMENT
WHEREAS, Appendix 75.A of Part 75 of the Administrative Rules and Regulations contained in Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York entitled "Wastewater Treatment Standards - Individual Household Systems" contains the minimum standards for new construction individual household wastewater treatment systems, and
WHEREAS, effective January 1, 1991 Appendix 75.A requires new alternative wastewater treatment systems (for clay soil) be designed by a design professional (engineer) within counties not currently employing a design professional on either a full or part time basis, and
WHEREAS, Schuyler County contains a great deal of clay soil which currently requires individuals establishing new dwellings to bear the cost of the design professional for 50-75% of all new housing starts in Schuyler County, and
WHEREAS, the New York State Health Department, on written application from a municipality in areas where a city, county of part-county fully service health department does not exist, may grant a "local waiver" in accordance with 10 NYCRR Part 75, Section 75.3(e) to allow the routine use of an alternative-type sewage treatment system as defined and depicted in Appendix 75.A, and
WHEREAS, the Schuyler County Watershed Protection Agency and its staff meet the qualifications, ability and expertise to review, design and approve each alternative system proposed or installed, and
WHEREAS, the New York State Health Department requires Schuyler County's application for local waiver be submitted by a design professional representing Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Watershed Inspector immediately initiate the procedure to pursue and obtain a local waiver as described in item no. CSFP504 from the Health Departments "Environmental Health Manual".
VOTE: Passed 8-0.
RESOLUTION NO. 209 Motion by Smith, second by Fitzsimmons.
RE: ACCEPT/APPROVE COMMUNITY SERVICES BOARD ACQUISITION OF NEW SPACE - MENTAL HEALTH
WHEREAS, the Community Services Board has developed a multi-agency building proposal in response to a long-standing and critical need for suitable and adequate space for Mental Health and Alcoholism programs, and
WHEREAS, the Community Services Board is recommending that this Legislature approve the project as it has been presented.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby receives and endorses the recommendation of the Community Services Board and hereby indicates its commitment to proceed with this project, with the understanding that Schuyler County will maintain its current level of funding for these programs, and that additional funding sufficient for this building will come from increased revenues and State Aid, and
BE IT FURTHER RESOLVED, that this Legislature authorizes the Director of Community Services and the Community Services Board to negotiate and execute a 20-year lease for space for the Schuyler County Mental Health Clinic and LGU, and to negotiate sub-leases with interested parties, i.e., Elmira Psychiatric Center and Schuyler Hospital, Inc., and
BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the Chairman of the Legislature to sign such leases at the appropriate time, when all the necessary reviews and approvals are in place, prior to construction, pending the approval of the County Attorney.
DISCUSSION: Legislator Halpin expressed concern over the Community Services Board being the lessors. Duane Spilde said the details of the lease are not worked out and that the resolution is asking for commitment. Attorney Coleman interjected if there is a material change of the intent, re-approval will be required.
VOTE: Passed 8-0.
RESOLUTION NO. 210 Motion by Smith, second by Fitzsimmons.
RE: APPOINTMENT - COMMUNITY SERVICES BOARD
WHEREAS, a vacancy currently exists on the Community Services Board.
NOW, THEREFORE, BE IT RESOLVED, that Michael Eisman, M.D., be appointed to the Community Services Board effective immediately through December 31, 1997.
VOTE: Passed 8-0.
RESOLUTION NO. 211 Motion by Smith, second by Fitzsimmons.
RE: PROCLAIM MONTH OF MAY AS "MENTAL HEALTH MONTH"
WHEREAS, current prevalence estimates indicate that more than 1.2 million New York residents including more than 1,000 Schuyler County residents of all ages suffer from mental illness, and
WHEREAS, Schuyler County Mental Health Clinic provides Outpatient Mental Health Services, Adult Case Management Services and Children and Youth Intensive Case Management Services in Schuyler County, and
WHEREAS, Elmira Psychiatric Center provides a Socialization Program, Intensive Case Management Services, and Intensive Psychiatric Rehabilitation Treatment to adults in Schuyler County, and
WHEREAS, Gateways provides Community Residence Program, Supportive Apartments and Intensive Supportive Apartments for mentally impaired individuals in Schuyler County, and
WHEREAS, Pathways, Inc. provides respite services for children and youth and operates the REACH Family Based Treatment Program in Schuyler County, and
WHEREAS, the Schuyler County Mental Health Association actively promotes education and other activity in support of mental health programs, and
WHEREAS, the Community Services Board and the Mental Health Subcommittee of the Community Services Board are responsible for mental health programming and services in Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature proclaim May as "MENTAL HEALTH MONTH" and offers its support and encouragement to all consumers, clients and their families, and local service providers as they work together to overcome and manage disabilities and achieve and maintain the highest level of participation in our community.
VOTE: Passed 8-0.
RESOLUTION NO. 212 Motion by Young, second by Burnside.
RE: EXTEND CONTRACT WITH VITAL TELECOMMUNICATIONS, INC.
WHEREAS, items I, II & IV of the original proposal have been completed, and
WHEREAS, the Buildings and Grounds Committee has reviewed the Telecommunications Analysis dated March 1, 1994, and
WHEREAS, it is the Buildings and Grounds Committee recommendation to continue with Vital Telecommunications contract by completing items III, V-XII.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract extension with Vital Telecommunications, Inc. at the rate of $50 per hour and $50 per trip not to exceed $8,000, to be funded out of the Building Project Capital account; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 213 Motion by Young, second by Burnside.
RE: AUTHORIZATION FOR SCHUYLER COUNTY CHAMBER OF COMMERCE TO USE LAKEFRONT PARK FOR WATERFRONT FESTIVAL
WHEREAS, the Schuyler County Chamber of Commerce has requested permission to host a Waterfront Festival May 21-22, 1994 at the County Lakefront Park, and
WHEREAS, the Schuyler County Legislature supports the concept of a festival for the enjoyment of County residents and outside visitors, and
WHEREAS, the Chamber of Commerce is providing the required insurance to the County, and
WHEREAS, the Chamber of Commerce has taken the responsibility for refuse removal, clean-up, adequate police and/or fire protection and any licenses, permits or consents required by law.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature gives permission for and supports the 1994 Watkins Glen Waterfront Festival.
VOTE: Passed 8-0.
RESOLUTION NO. 214 Motion by Young, second by Burnside.
RE: AUTHORIZE EMERGENCY MANAGEMENT COORDINATOR TO ADVERTISE FOR BIDS FOR A TELEPHONE/RADIO RECORDING SYSTEM
WHEREAS, in accordance with Section 103 of the General Municipal law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for public works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this Section, and
WHEREAS, there is $20,000 in the budget in acct. no. 3689.0215 for this proposed purchase.
NOW, THEREFORE, BE IT RESOLVED, that the Director of Emergency Management be authorized to advertise for bids for a Telephone/Radio Recording System.
VOTE: Passed 8-0.
RESOLUTION NO. 215 Motion by Young, second by Burnside.
RE: AUTHORIZE HIGHWAY SAFETY PROGRAM GRANT APPLICATION
WHEREAS, monies are available through the New York State Governor's Traffic Safety Committee for certain highway safety programs, and
WHEREAS, the County of Schuyler wishes to partake in a selected traffic enforcement safety program.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign a grant application for $20,000, and
BE IT FURTHER RESOLVED, if such application is approved, the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign a contract with the State of New York Governor's Traffic Safety Committee; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 216 Motion by Karius, second by Fitzsimmons.
RE: MODIFICATION OF RULE 22 OF COUNTY LEGISLATURE'S RULES OF PROCEDURE
WHEREAS, notice of modification of Rule 22 of the Rules of Procedure as adopted January 13, 1992 was given in accordance with Rule 29.
NOW, THEREFORE, BE IT RESOLVED, that Rule 22 be modified effective immediately, as follows:
"Committees shall have general charge of all matters pertaining to the work of this Legislature as indicated by the titles thereof, or as more specifically described as special duties therefor. Each committee shall supervise and have charge of appropriated expenditures. Any appropriated expenditure in excess of $500.00 shall be approved by the department's committee except when the Department Head deems an emergency to exist. Any expenditure not included in the budget shall be processed through the department's committee unless the amount which exceeds the budget line item is $50.00 or less; except in cases when the Department Head deems an emergency to exist. Any unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the Finance Committee. The Finance Committee shall, following financial review with the Treasurer's Office, make a final recommendation to the Legislature on such unappropriated expenditure. A department's request for unappropriated funds shall contain a reasonable estimate in writing for such expenditure. Any resolution approving an unappropriated expenditure shall contain the funding source (Res. No. 97-1983)."
VOTE: Passed 8-0.
RESOLUTION NO. 217 Motion by Karius, second by Fitzsimmons.
RE: APPOINTMENT - YOUTH BOARD
BE IT RESOLVED, that the Schuyler County Legislature approve the Chairman's appointment of Kerry Hoover to the Youth Board effective immediately until December 31, 1994.
VOTE: Passed 8-0.
RESOLUTION NO. 218 Motion by Karius, second by Fitzsimmons.
RE: LOCAL LAW NO. 3 OF THE YEAR 1994 ENTITLED "SCHUYLER COUNTY WATERSHED PROTECTION LAW"
WHEREAS, a proposed Local Law providing for uniform Watershed protection standards throughout Schuyler County was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held on May 9, 1994 considering its adoption, 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 said Local Law, a true copy of which is annexed hereto, 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 No. 3 of the year 1994, together with the full text thereof in the official county newspaper as required by law.
A local law replacing Local Law No. 3 of the year 1975 known as the Schuyler County Watershed Law and pertaining to rules and regulations applying to the lands within the County of Schuyler, New York.
Pursuant to the authority vested in the Schuyler County Legislature, Local Law No. 3 of the year 1975 known as the Schuyler County Watershed Law is hereby REPEALED in its entirety and replaced by the Schuyler County Watershed Protection Law, to read as follows:
Section A. TITLE
1. The rules and regulations herein contained shall constitute, comprise and be known as the Watershed Protection Law of Schuyler County, New York.
Section B. SEPARABILITY CLAUSE
1. If any section, paragraph, subdivision or provision of this Law shall be judged invalid or held unconstitutional, the same shall not affect the validity of this Law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.
Section C. APPLICABILITY; LEGAL AFFECT
1. The provisions of the Watershed Protection Law shall be in force throughout the County of Schuyler unless similar standards meeting minimum requirements established by New York State are adopted and strictly enforced by any Town or Village in Schuyler County.
2. The Watershed Protection Law shall be supplemental to the Public Health Law, the New York State Sanitary Code, the New York State Uniform Building and Fire Prevention Code, the New York State Environmental Conservation Law, Penal Law and other New York State Laws relating to public health.
3. Acceptance of the Watershed Law by resolution of the Schuyler County Legislature shall adopt by reference Part 8 and 75, Chapter I, of the New York State Sanitary Code and cited 10 NYCRR 8 and 75 as the same is now in effect and may hereafter from time to time be amended.
Section D. VIOLATIONS AND PENALTIES
1. The provisions of the Watershed Protection Law shall have the force and effect of law. Violation or non-compliance with any section of this local law shall be deemed a violation.
2. A written "Notice of Violation" shall be issued to any property owner when a violation of these rules and regulations is found specifying the nature of the violation and stating the date(s) by which corrective action shall be completed. In the event of continued violations, the regulatory officer may apply for an injunction or other relief including but not limited to property condemnation from the appropriate court or Municipality Board. Any violation beyond that date shall be punishable by a fine not to exceed $250 and/or imprisonment not to exceed 15 days per week of violation. Each week of violation shall be considered a separate offense.
3. Upon receipt of a Notice of Violation any person who contests the reasonableness of the steps to be taken or the reasonableness of the completion dates therein may request, in writing, within five (5) days of the issuance of said Notice of Violation a conference as to the tasks to be undertaken and the dates required for completion. At the request of the person requesting such conference, that person may request a conference before the Director of Public Health or his representative. The Director of Public Health or his representative may rescind or modify The Notice of Violation or direct that the original terms of the notice be carried out. If after a conference, or where no conference has been requested, the person so notified refuses to sign said Notice, the Director of Public Health or his representative shall cause a copy of said Notice of Violation to be personally served upon the person originally notified. Upon such personal service, the terms of the Notice of Violation shall be in full force and effect as if personally executed by the person so served.
Section E. POWERS AND AUTHORITY OF REGULATORY OFFICERS
1. The Watershed Protection Agency or its duly authorized employees bearing proper credentials and identification shall be permitted to enter upon all properties and premises covered by the regulations of the Watershed Protection Law for the purposes of inspection, observation, measurement, sampling or testing in accordance with the provisions of this local law.
2. Whenever entry is refused the regulatory officer shall submit to the proper authorities such evidence as is necessary to justify entry upon said properties or premises such as to obtain a court order to perform the discharge of the Watershed Protection Agency's duties.
3. No person shall molest, assault, or resist any regulatory officer of the Watershed Protection Agency or their assistants in the lawful discharge of their duties.
Section F. FEES
1. A fee will be assessed by the Schuyler County Watershed Protection Agency and adjusted as needed to charge for any of the services approved by the Schuyler County Legislature. All fees required for service shall be made payable to the Schuyler County Treasurer. The regulatory officer may waive the collection of all, or a portion of, the established fee for non-profit agencies, governmental agencies, and low income persons.
Section G. EFFECTIVE DATE
1. This Watershed Protection Law as adopted by the Board of Health shall take effect on the respective date of filing of such items with the New York State Department of State pursuant to the Municipal Home Rule Law.
Section H. DEFINITIONS
1. "Agent or Agents Thereof" shall mean a person requested, employed or contracted by an owner or owners, occupant or lessee to construct, repair or perform excavation for the installation of a receptacle, or waste water treatment system, individual water supply or element within said system(s).
2. "Alternative System" shall mean any wastewater treatment system allowing for the disposal of wastewater which does not rely upon infiltration of wastewater entirely into the in situ or virgin soil.
3. "Appendix 75-A" shall mean a portion of Part 75 of the Administrative Rules and Regulations contained in Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York (10NYCRR).
4. "Board of Health" shall mean the Schuyler County Legislature.
5. "Building" shall be a structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof affording shelter for persons.
6. "Certificate of Approval" shall mean a certificate issued upon completion of a new construction wastewater treatment system in accordance with the specifications detailed in Appendix 75.A approved in the Construction Permit.
7. "Certification of Completion" shall mean a certificate issued upon completion of a replacement wastewater treatment system, in accordance with the specifications approved in the Construction Permit, a Certificate of Completion shall be issued.
8. "Certificate of Compliance" shall mean a certificate issued upon request for the evaluation of a wastewater treatment system serving a poperty being converted, expanded, transferred or for mortgage refinancing purposes when required by a lending institution, attorney, realtor, purchaser or code enforcement officer.
9. "Construction Permit" shall mean a permit issued prior to construction or repair of a wastewater treatment system, to serve any building, structure, or manufactured home specifying the type, capacity and location of each element of the said system in accordance with this local law and/or said regulations. Said construction permit shall expire one year after date of issuance.
10. "Conventional Wastewater Treatment System" shall mean any wastewater treatment system allowing for the infiltration of wastewater into the in situ or virgin soil.
11. "Distances" shall mean the shortest horizontal linear distance from the nearest point of a wastewater treatment system to the mean high water mark of the nearest watercourse or lake or the edge, margin or top of a precipitous bank forming the mean high water mark of a watercourse or lake. Additionally, distances shall mean the shortest footage between two or more objects.
12. "Drainage Channel" shall mean a stream or portion of a stream that flows only in direct response to precipitation. It receives little or no water from springs and no long term continued supply from melting snow or other sources. It is dry for a large part of the year, ordinarily more than three (3) months.
13. "Dwelling" shall mean a building or structure containing not more than two dwelling units occupied exclusively for residential uses.
14. "Element" shall mean any part or parts thereof comprising a wastewater treatment system.
15. "Flood Plain" shall mean those areas designated by either the New York State Department of Environmental Conservation or the United States Federal Emergency Management Agency as likely to flood within one hundred years.
16. "Garbage" shall mean all animal and vegetable wastes resulting from the processing, preparation, cooking or serving of foods, and other putrescible materials.
17. "Hardship" shall mean a circumstance(s) that makes it impractical or impossible to comply with the standard of this law.
18. "Human Excreta" shall mean feces, urine or other human excretions. Shall include the contents of aerobic tanks, holding tanks, septic tanks, seepage pits, privies or wastewater treatment systems.
19. "Individual Waiver" shall mean a waiver issued in an individual situation because of an individual hardship or other circumstance that makes it impractical to comply with a standard for individual water supply or individual sewage treatment systems.
20. "Individual Water Supply" shall mean a drinking water supply intended to supply one or more dwelling units, used in the absence of a public water supply system as defined in Part 5 of the New York State Sanitary Code.
21. "Lake" shall mean Seneca, Waneta, Lamoka, Cayuta or Cinnamon Lakes in Schuyler County.
22. "Land Disturbance" shall mean the removing of vegetation and/or top soil, or subsurface soil which changes the existing natural slope by five (5%) percent or more by means of excavation, filling, mining or other activity causing the addition or displacement of soils by mechanical means.
23. "Launching Site" shall mean any location public or private that is used for the purpose of launching boats into the lake water and/or hauling boats out of the lake water.
24. "Manure" shall mean the accumulated feces and urine from any animal or fowl resulting from the raising of these animals or fowl.
25. "New Construction Wastewater Treatment System" shall mean any wastewater treatment system constructed or placed on an undeveloped site and requiring a wastewater treatment system and currently not utilizing a wastewater treatment system.
26. "Non-Waterborne" shall mean a system or structure for urinating or defecating which is not flushed. This includes but is not limited to privies, chemical, incinerator and compost toilets.
27. "Notice of Violation" shall mean a written statement signed by the regulatory officer stating the time necessary to correct any violation of this code and stating reasonable time periods necessary to complete such steps. Each such notice shall contain a space at the end of such written statement wherein the person so notified may execute said notice and agree to the terms therein.
28. "Offensive Material" shall mean all putrescible and non-putrescible solid wastes including garbage, ashes, incinerator residue, street cleanings, dead animals and/or parts thereof, offal and solid commercial or industrial wastes.
29. "Person" shall mean an owner, individual, firm, agent, corporation, association, partnership or municipality and agents, employees and servants thereof, or any other legal entity which is recognized by law as the subject of rights and duties.
30. "Putrescible Matter" shall mean organic matter, under the process of partial decomposition, by micro-organisms, producing a foul odor.
31. "Receptacle" shall mean water tight structures or containers for the purpose of storage, disposal or treatment of human excreta and/or wastewater.
32. "Regulatory Officer" shall mean the authorized representative of the Schuyler County Watershed Protection Agency including but not limited to the Watershed Inspector who additionally may be the duly authorized representative of the Town or Village Health Officer following approval and/or designation by individual Towns or Villages or their consolidated health districts.
33. "Replacement Wastewater Treatment System" shall mean any *construction or modification of a system serving an existing building which already has a wastewater treatment system. Complete or partial replacement of a system for an existing property with a system, shall be considered a replacement wastewater treatment system and must be approved by the regulatory officer.
34. "Seasonal Use" shall mean a wastewater treatment system serving an occupied dwelling producing wastewater discharge for not more than six continuous months.
35. "State Sanitary Code" shall mean the rules and regulations promulgated by the Public Health Council of the State of New York and designated as the New York State Sanitary Code.
36. "Structure" shall mean an assembly of materials, forming a construction framed of component structural parts for occupancy or use including buildings or dwellings.
37. "Watercourse" shall mean a visible path through which surface water travels on a regular basis including natural or man-made streams or ponds but not including drainage channels.
38. "Wastewater Treatment System" shall mean a system of piping, tanks or other elements designed to treat, purify, dissolve, distribute and dispose of sewage and/or other wastewater into soil.
39. "Watershed Protection Agency" shall mean the agency established by the Schuyler County Legislature to administer and enforce the Watershed Protection Law.
40. "Watershed Protection Law" shall mean and comprise the rules and regulations now or hereafter formulated, promulgated and adopted by the Schuyler County Legislature and properly filed with the appropriate state agencies.
Section A. EXPOSURE, DISCHARGE AND DISPOSAL OF SEWAGE
1. No person shall discharge or permit or cause to be discharged untreated sewage, the overflow drainage or contents of a septic tank or other wastewater onto the surface of the ground or into any street, road, alley, open excavation, storm water sewer, land drain ditch, adjoining property, watercourse, lake or groundwater.
2. No person shall discharge, or permit or cause to be discharged treated or untreated sewage, the overflow drainage or contents of a septic tank or other wastewater into an abandoned water supply well, spring, cistern, sink hole, crevice or opening extending into limestone, sandstone, or other rock or shale formation which may degrade ground water.
3. Each building provided with plumbing fixtures or provided with a device to create a wastewater discharge flow, where no approved community or municipal sanitary sewage system is available, shall utilize a wastewater treatment system.
4. No wastewater treatment system shall be installed, extended or altered on property accessible to a community or municipal sewage disposal system.
5. No person shall install a wastewater treatment system within a one hundred (100) year flood plain without maintaining a one (1) foot separation distance between the one hundred year flood level and the bottom of the filtration/absorption portion of the wastewater treatment system.
6. A minimum of three feet of useable soil shall exist above bedrock, groundwater, seasonal high groundwater or an impervious layer and the bottom of any new wastewater treatment system being designed for installation.
7. Due to the accelerated corrosion and decay of metal septic tanks, dosing tanks, pump station tanks and distribution devices these metal products shall be prohibited from use within Schuyler County.
8. No land disturbance shall occur for the purpose of creating an acceptable slope for the installation of a wastewater treatment system without prior approval of the regulatory officer.
9. Once the required filtration and/or absorption area is determined by daily flow, soil evaluation and percolation test the required square footage of useable area of the lot for the new construction wastewater treatment system can be found. An additional area of one hundred (100) percent shall be set aside for future expansion or replacement when possible.
Section B. REGISTRATION OF INSTALLERS
1. As of January 1, 1995 any person who is engaged in whole or in part, in the business of delivering, constructing, maintaining or installing wastewater treatment systems or elements thereof or pumping of receptacles shall properly register that fact with the Schuyler County Watershed Protection Agency. Such registration shall be on a form prescribed and furnished by the regulatory officer. Homeowners solely performing installation or maintenance of systems situated upon their property are exempt from this requirement.
2. Any persons having not registered prior to January 1, 1995 must so register prior to performing installation or maintenance to any element of a wastewater treatment system.
3. Any person who fails or refuses to so register prior to performing any installation or maintenance to any element of a wastewater treatment system shall be subject to the penalties set forth in this law.
4. Registration information will be reviewed and updated annually.
5. All persons required to register must re-register by December 31 at the end of the third year. All persons having properly registered will be shown on a list to be provided to home or business owners upon request.
6. The list will not reflect any persons competency in the performance of their work nor will it reflect any coverage of the New York State Workers Compensation Law and Disability Benefits Law from those persons required to meet those requirements.
Section C. ISSUANCE OF CERTIFICATE
1. Certificate of Approval
a. No new wastewater treatment system shall be placed in operation for any new building, structure or manufactured home until a "Certificate of Approval" has been issued indicating that such system has been constructed in compliance with the Wastewater Treatment System Construction Permit and the requirements of Appendix 75.A.
2. Certificate of Completion
a. No replacement wastewater treatment system shall be placed into operation for any existing building, structure or manufactured home until a "Certificate of Completion" has been issued indicating that such system has been constructed in compliance with the Wastewater Treatment System Construction Permit and the requirements of this Watershed Protection Law.
3. Certificate of Compliance
a. A Certificate of Compliance shall be issued upon the completion of the evaluation of a wastewater treatment system either immediately prior to property transfer or mortgage refinancing or for the purpose of performing an evaluation prior to the issuance of a building permit allowing dwelling conversion or bedroom expansion.
b. Certificates of Compliance indicates the results of an evaluation of the system being determined from various methods of observation such as but not limited to visual examination of the building plumbing system, visual examination of the interior of the septic tank and visual examination of the absorption and/or infiltration area following a septic dye test.
c. The regulatory officer shall be authorized to require maintenance; such as but not limited to septic tank pumping, septic tank volume enlargement or modification of the wastewater system prior to the issuance of a Certificate of Compliance.
d. No person shall replace or convert one dwelling with another or add bedrooms to an existing dwelling without first having obtained a Certificate of Compliance.
Section D. WASTEWATER TREATMENT SYSTEM CONSTRUCTION PERMIT
1. No person, either as owner or agent thereof, or lessee or tenant, shall undertake to construct or repair a new or replacement wastewater treatment system for the disposal of sewage wastes to serve or serving any dwelling or structure from which such wastes may be discharged without first having obtained a "Wastes Water Treatment System Construction Permit" upon forms provided by the regulatory officer.
2. Any person, either as owner or agent thereof, or business delivering and/or assisting with the installation of a receptacle shall be subject to the penalties set forth in this law if participating with the installation of a receptacle of which a Construction Permit has not been issued.
3. No person shall situate, erect, begin construction or convert to another use any dwelling or structure that is subject to the provisions of this law and involves wastewater discharge without first obtaining a Wastewater Treatment System Construction Permit. Building expansions or conversions which do not alter wastewater discharge such as the building of a deck, garage, recreation room, etc., are exempt.
4. A copy of the Construction Permit issued by the Schuyler County Watershed Protection Agency may be supplied to the Town Clerk or other municipal agencies charged with the responsibility of issuing building permits for new construction or alterations and to the owner or his agent.
5. A Wastewater Treatment System Construction Permit shall be valid for one year from the date of issuance. Both the date of issuance and date of expiration shall be shown on the Construction Permit.
6. A construction permit may be renewed following reapplication and review. A fee shall be assessed for construction permit renewal.
Section E. NEW WASTEWATER TREATMENT SYSTEM DESIGN STANDARDS
1. Wastewater treatment systems for new household construction shall be designed in accordance with Appendix 75.A of the New York State Sanitary Code and the provisions of the construction permit.
2. Wastewater treatment systems for new commercial or institutional construction may be designed according to the New York State Department of Environmental Conservation guidelines "Standards for Waste Treatment Works-Institutional and Commercial Sewage Facilities" or current reference.
3. All new wastewater treatment systems designed by a design professional or designs not subject to Appendix 75.A must be submitted and reviewed by the Watershed Protection Agency.
4. No more than two (2) year-round dwellings shall be served by a single wastewater treatment system under the provisions of this law.
5. No more than three (3) seasonal-use dwellings shall be served by a single wastewater treatment system under the provisions of this law.
Section F. REPLACEMENT WASTEWATER TREATMENT SYSTEM DESIGN STANDARDS
1. Construction of replacement wastewater treatment systems may be designed and must be installed under the direction of the regulatory officer or a design professional. Replacement systems may be designed and installed according to the provisions of Appendix 75.A.
2. On limiting site conditions, the regulatory officer shall utilize up-to-date practical technology or require the system be designed and installed under the direction of a design professional or allow a holding tank be installed under the supervision of the regulatory officer.
3. Households served by replacement systems may be required to have DEC certified water conservation fixtures prior to the issuance of a "Certificate of Completion" to decrease system loading factors.
4. If the site is only occasionally inhabited, such as a hunting camp, and has no water under pressure or wastewater discharge, the regulatory officer may allow a non-waterborne system as described in appendix 75-A, design a complete wastewater treatment system, or require that a design professional submit plans for approval.
5. Wastewater treatment systems for existing commercial or institutional establishment construction may be designed according to the New York State Department of Environmental Conservation guidelines "Standards for Waste Treatment Works-Institutional and Commercial Sewage Facilities" or current reference.
6. All replacement wastewater treatment system designs not subject to Appendix 75.A must be reviewed by the Watershed Protection Health Agency.
Section G. INDIVIDUAL WAIVERS
1. Replacement Wastewater Treatment Systems
a. The regulatory officer may grant an individual waiver for replacement wastewater treatment systems in an individual situation because of hardship to comply with a recommended standard for wastewater treatment system design specifications of Appendix 75.A when such exception conforms to the spirit of the regulations.
b. Each request for waiver must be in writing and each waiver granted must be in writing and advise the applicant that the design or conditions approved do not meet minimum recommendations and the potential consequences of such deviations.
c. Each waiver applicant must sign a "Release of Liability" form provided by the Schuyler County Watershed Protection Agency holding the Agency and its regulatory officer free and harmless of any adverse consequences experienced by the homeowner as a result of design deviations. Said release form must be notarized.
d. A waiver may be issued provided a compliance schedule is properly submitted by the property owner and accepted by the regulatory officer.
Section H. INSPECTIONS
1. Construction of a wastewater treatment system shall be in accordance with the specifications approved in the Wastewater System Construction Permit.
2. No element of the system shall be covered until inspected and approved in accordance with the Wastewater Treatment System Construction Permit. Covered work shall be uncovered to permit inspection whenever considered necessary by the regulatory officer.
3. The regulatory officer shall be notified a minimum of 24 hours prior to the requested inspection date.
4. Inspections may include, but not be limited to, investigations, observations, interviews, review of written materials, samples and testing.
5. The design and construction of a wastewater treatment system meeting with the approval of the regulatory officer shall not be construed as a guarantee by the Schuyler County Watershed Protection Agency that the system will function satisfactorily for any given period of time.
Section I. WASTEWATER SYSTEM EVALUATIONS AND COMPLIANCE
1. The regulatory officer shall be allowed to make regular and thorough inspections of wastewater treatment systems for purposes of inspection, observation and testing of sewage disposal systems.
2. Whenever it shall appear to the regulatory officer that a wastewater treatment system is operating unsatisfactorily, a written "Notice of Violation" shall be given to the property owner, agent, violator or violators specifying the nature of the violation and required corrective action. The owner of the wastewater treatment system has up to 30 days from receipt of the Notice of Violation to obtain a "Wastewater Treatment System Construction Permit". Completion of work detailed in the Construction Permit shall be performed within the time prior specified in the Notice of Violation not to exceed six (6) months from the date of issuance of the Construction Permit. Upon written request, additional time up to 30 additional days may be granted due to climatic conditions.
3. When blatant and/or willful violations such as, but not limited to, draining sewage directly into water courses, water supplies or drainage channels one half of the times stated above in this section may be required to gain compliance.
4. It shall be the duty and obligation of the wastewater system owner to supply upon request to the regulatory officer, available information regarding wastewater treatment system type, capacity, location, usage, age, maintenance, etc., in order to determine the system's effectiveness.
Section J. PROPERTY TRANSFER OR REFINANCING "CERTIFICATE OF COMPLIANCE"
1. If a lending institution, realtor or attorney requires a property owner or prospective property purchaser to obtain a wastewater treatment system evaluation or if a lending institution requires a property owner to obtain a wastewater treatment system evaluation for mortgage refinancing purposes only, the regulatory officer shall perform the inspection as per applicable provisions in this Section and issue a Certificate of Compliance.
2. Only a regulatory officer of the Schuyler County Watershed Protection Agency is authorized to evaluate and/or to certify the operation of a wastewater treatment system for the purpose of mortgage refinancing or transferring any property being served by a wastewater treatment system when this evaluation is required by a lending institution, realtor, attorney or purchaser.
3. Prior to any property transfer, or mortgage refinancing requiring an evaluation of a wastewater treatment system from a lending institution, realtor, attorney or purchaser all septic, aerobic 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, unless it has already been pumped and inspected by the regulatory officer within the past year. The property owner must give the regulatory officer at least 24 hours notice to arrange for inspection of the tank. This maintenance pumping requirement shall not serve or imply in any way as an evaluation or certification of the operation of the wastewater treatment systems absorption and/or filtration element.
4. Prior to any property transfer or mortgage refinancing requiring an evaluation of a wastewater treatment system from a lending institution, realtor, attorney or purchaser the filtration and/or absorption area must be evaluated by the regulatory officer at least 10 days prior to the date of closing. The property owner must give the regulatory officer at least 24 hours notice to arrange for this inspection.
5. If the wastewater treatment system is determined to be operating unsatisfactorily or inadequately, a written Notice of Violation may be served and a Compliance Schedule specifying corrective action must be obtained prior to property transfer or refinancing closing.
6. For aerobic systems, the new owner must send a signed copy of a service contract to the regulatory officer within 30 days after property transfer.
Section K. SEPTIC TANK PUMPING AND INSPECTION
1. All septic tanks should be routinely maintained to:
1) ensure baffles are adequate; 2) check for holes or cracks; and 3) determine if tank needs pumping. Regular maintenance of the septic tank will help to protect the filtration/absorption area from clogging.
2. Septic tanks, with total depth of sludge and scum exceeding one-third of the liquid depth, as demonstrated by the property owner or his agent, will be required to be pumped at property owner's expense.
3. Additional tank volume may be required by the regulatory officer to meet system use and design standards.
4. After septic tank pumping, the DEC certified contractor is required to send a "Septic Tank Pumping Inspection Form" to the Schuyler County Watershed Protection Agency, verifying the septic tank was inspected, pumped and describing other maintenance work completed on a monthly basis or within thirty (30) days of repair or pumping.
Section L. WASTEWATER TREATMENT SYSTEM ABANDONMENT
a. Any pre-existing septic tank, holding tank, non-waterborne system or seepage pit must be pumped and filled with clean soil within ten (10) days of the installation of a replacement system.
b. Any septic tank, holding tank, non-waterborne system or seepage pit must be pumped or allowed to remain under conditions of a Certificate of Compliance within two (2) year of discontinued use.
Section M. TEMPORARY TOILET FACILITIES
1. Any builder, contractor or other person, firm or corporation employing individuals on the construction or repair of any dwelling or structure not containing sanitary lavatory facilities shall provide or cause to be provided temporary toilet facilities at a convenient place upon the premises or readily accessible thereto and the same shall be properly enclosed. Human excreta shall be treated or removed in a manner acceptable to the regulatory officer.
2. Temporary toilet facilities shall be provided for gatherings of people wherever the regulatory officer determines them necessary to prevent nuisances which may affect health. The regulatory officer may require any person using a property for a gathering of people to provide temporary toilet facilities, hand washing facilities and water supply taps in numbers meeting or exceeding those required for mass gatherings by the State Sanitary Code.
Section N. HOLDING TANKS
1. Holding tanks are allowed as replacement systems only and must be approved by the regulatory officer.
2. Newly installed holding tanks shall: 1) be vehicle accessible; 2) have an access port above grade not to exceed 6" in diameter; 3) have a capacity of four days storage based upon design flow of 150 gallons/bedroom/day, with a minimum of 1,000 gallons; 4) have an audio or visual float alarm device to alert the property owner that the tank is filled within 12 inches of the inlet pipe; 5) have anchoring devices for areas where seasonal high water is evident from soil investigations; and 6) utilize certified water conservation fixtures.
3. All holding tanks shall be inspected by the regulatory officer on an annual basis at the time of pumping. Homeowners shall give the regulatory officer 24 hours notice prior to the inspection date.
4. Holding tanks shall be pumped by a New York State licensed septic tank pumping contractor when the tank is a minimum of 12" from the inlet pipe and documentation shall be sent to the Schuyler County Watershed Protection Agency by the licensed septic hauler.
5. Any septic tank or holding tank that shows evidence of leaking must be replaced or repaired within the time period specified by the regulatory officer.
Section O. AEROBIC UNITS
1. Only Class I aerobic units are acceptable for new or replacement systems and must be approved by the regulatory officer. For both new and replacement systems, aerobic tanks are considered a septic tank substitute and must be used in conjunction with a properly cited and designed filtration and/or absorption area approved by the regulatory officer. A permit from the DEC is required for any surface discharge.
2. 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 aerobic unit malfunction or failure. All warning devices shall be wired separately from the aerobic unit so that disconnecting the aerobic unit from electricity will activate the warning device.
3. All aerobic units must have a continuous maintenance contract agreement with an authorized service contractor if reasonably available. Each aerobic unit shall be inspected at least two times per year by the authorized service contractor. All service contracts must be sent to the Schuyler County Watershed Protection Agency annually to verify that a continuous contract exists for the aerobic unit. The service contractor shall have aerobic unit effluent tested annually by a certified laboratory to determine that the unit conforms with manufacturer's treatment specification as required by the regulatory officer.
Section P. PROPER WASTEWATER STORAGE-BOATS
1. No person operating a launching site shall launch, set, place, etc. into the lakes within Schuyler County any boat equipped with a marine sanitation device unless Coast Guard approved. Any boat or vessel that is capable of discharge of any sewage, or wastewater from a holding tank, or toilet, shall have such discharge hole plugged and the plug cut off flush per Coast Guard procedure before the boat may be launched into any lake in Schuyler County.
2. Sewage wastes from boats must be disposed of in a manner acceptable to the regulatory officer or NYS Department of Environmental Conservation.
Section Q. MINIMUM LOT SIZES-NEW CONSTRUCTION
1. Alternative Wastewater Treatment System
a. Any person proposing to establish a dwelling meeting the requirements of this law must provide a minimum of 80,000 sq. ft. of usable land with a minimum of 150 ft. of road frontage or a 150 ft. diameter circle of which the wastewater treatment system is to be installed within.
b. A minimum lot size of 40,000 sq. ft. with a minimum of 150 ft. of road frontage or a 150 ft. diameter circle of which the wastewater treatment system is to be installed within may be allowed if the person connects to a community or public water system, lake or private water supply situated outside of the 40,000 sq. ft. lot.
2. Conventional Sewage Disposal System
a. Any person proposing to establish a dwelling meeting the requirements of this law must provide a minimum of 40,000 sq. ft. of usable land with a minimum of 100 ft. of road frontage or a 100 ft. diameter circle of which the wastewater treatment system is to be installed within.
b. A minimum lot size of 20,000 sq. ft. with a minimum of 100 ft. of road frontage or a 100 ft. diameter circle of which the wastewater treatment system is to be installed within may be allowed if the person connects to a community water system, lake or private water supply situated outside of the 20,000 sq. ft. lot.
Section R. EXCEPTIONS TO RESTRICTIONS AND DISTANCES FOR NEW CONSTRUCTION
1. Lot sizes
a. An exception to the minimum lot size may be granted provided the person can demonstrate there is adequate square footage available to meet all of the specifications, rules and regulations of Appendix 75.A, however, exception to minimum lot size can only be granted when a proposal is submitted to the Schuyler County Watershed Protection Agency from a design professional acting on behalf of the person proposing to establish a dwelling and approved by the regulatory officer and/or the New York State Health Department.
2. Design Standards
a. An exception to recommended design standards may be granted with the issuance of an individual waiver for replacement wastewater treatment systems.
3. Construction Permit
a. A Wastewater Treatment System Construction Permit may not be required when the system design has been prepared by a design professional for new construction dwellings or for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency.
4. Certificate of Approval
a. A Certificate of Approval may not be required for a system serving a facility discharging wastewater from an establishment approved or operated by a State or Federal Agency.
5. Certificate of Compliance
a. Transfer of a building, structure or dwelling shall mean the transfer of ownership to another person or entity for consideration and does not include a transfer of ownership through inheritance, or within an immediate family to include, but limited to spouse and/or children.
Section A. STANDARDS FOR NEW CONSTRUCTION
1. Individual water supply systems should be designed, constructed and maintained in accordance with the standards of the State Commissioner of Health bulletin entitled "Rural Water Supply" Appendix 75.B.
Section B. REGISTRATION OF INSTALLERS
1. As of January 1, 1995 any person in the business of water supply system installation for human consumption shall register that fact with the Watershed Protection Agency. Such registration shall be on a form prescribed and furnished by the regulatory officer. Homeowners performing installation or maintenance of water supply systems situated upon their land are exempt from this requirement.
2. Any person not having registered prior to January 1, 1995 must so register prior to performing installation of individual water supply systems.
3. Any person who fails or refuses to register prior to performing a water supply system installation shall be subject to the penalties set forth in this law.
4. Registration information will be reviewed and updated annually.
5. All persons required to register must re-register by December 31 at the end of the third year. All persons having properly registered will be shown on a list to be provided to home or business owners upon request.
Section C. APPROVAL REQUIRED
1. No person either as owner or agent thereof, or lessee or tenant, shall undertake to construct or provide a system or facilities for the supply of water from a ground water source to serve any new dwelling or structure without first having obtained approval of the proposed system from the regulatory officer. Such approval shall be granted upon filing with the regulatory officer a description of the proposed facilities upon forms provided by the regulatory officer.
Section D. WELL LOG
1. Any person who installs an individual water supply utilizing ground water shall submit a well log report on a form prescribed by the regulatory officer.
Section E. RENTAL UNITS
1. All landlords shall provide potable water to occupants of rental dwelling units.
Section A. DUTY TO INVESTIGATE
1. The regulatory officer or his representative shall receive and examine into all complaints made by an inhabitant of the County concerning public health nuisances causing danger to life and health in the County and may request such complaints to be in writing.
Section B. INVESTIGATION
1. The regulatory officer or his representative may enter upon or within any place or premises where nuisances or conditions dangerous to life and health, or which are the cause of nuisances existing elsewhere, are known or believed to exist or examine the source.
2. The owners, agents and/or occupants of any dwelling or structure shall permit examinations and inspections to be made pursuant to the provisions of this article and Title I of Article 13 of the Public Health Law and Part 8 Chapter I of the State Sanitary Code.
3. The regulatory officer shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the County.
Section C. MANURE PILES
1. No manure piles shall be maintained or allowed to remain within a 200 foot distance of a water course provided that this section does not prohibit the normal spreading of manure which is not in piles.
Section D. GARBAGE AND REFUSE REMOVAL
1. No person shall permit, deposit, store or hold any offensive material on any property or place or in any structure unless such material is so treated, screened, covered or placed as not to create a nuisance.
2. All containers for the storage of such material shall completely confine the material, shall be rodent and insect proof, and shall be kept in an inoffensive and sanitary condition for not more than fifteen (15) days.
3. All offensive material shall be buried at least two hundred (200) feet from any watercourse, pond, lake or individual water supply or be disposed of at other places approved by the New York State Department of Environmental Conservation so that water supplies will not be subject to pollution and where a nuisance will not be created.
4. Stray and/or disposal of offensive materials generated or stored on rental properties shall be the responsibility of the property owner or landlord acting as the owner's agent.
Background
The following regulations represent several months of development and review. This model regulation has been modified in several areas from earlier versions to reflect the fact that Elected Officials support a cooperative and uniform regulatory program. The successful implementation and enforcement of these regulations requires that all wastewater systems be reviewed, designed and installed under the direction of a centralized program.
The standards were developed to ensure the protection of public health and water quality in the County. Both new construction and replacement systems are addressed in the code. An emphasis in the code is placed on evaluating, improving or replacing inadequate wastewater systems. There are also provisions for property transfer inspections, water supply development and nuisance complaints.
VOTE: Passed 8-0.
RESOLUTION NO. 219 Motion by Young, second by Smith.
RE: AUTHORIZE COUNTY TREASURER TO REMOVE CHARGES FOR INVALID ENTRY ON TOWN OF TYRONE ASSESSMENT ROLL AND BILL BACK TO TOWN
WHEREAS, Tax Map #LLL.801-1612-1; Parcel #801-1612-01, a trailer assessment on leased land appeared on the 1989, 1990 and 1991 assessment rolls and therefore on the 1990, 1991, and 1992 tax rolls, and
WHEREAS, the trailer has been removed from the property, and
WHEREAS, this was an invalid entry and was removed from the 1992 and subsequent assessment rolls and the outstanding tax sale certificates for 1990-1992 should be voided per letter from Town Assessor.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is authorized to void the following Tax Sale Certificates for the Town of Tyrone and chargeback the amount of the original taxes which included relevied school taxes to the town:
1990 Cert. #682 in the amount of $258.83 - Original Tax $219.71
1991 Cert. #713 in the amount of $262.25 - Original Tax $221.65
1992 Cert. #845 in the amount of $281.37 - Original Tax $238.06
VOTE: Passed 8-0.
RESOLUTION NO. 220 Motion by Young, second by Smith.
RE: APPOINTMENT - TRI-COUNTY TOURISM COUNCIL
WHEREAS, Jerold Marvel has resigned from the Tri-County Tourism Council creating a vacancy.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the Chairman's appointment of Tom Malina to the Tri-County Tourism Council effective immediately and terminating December 31, 1996.
VOTE: Passed 8-0.
RESOLUTION NO. 221 Motion by Young, second by Smith.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS - 121
PART-TIME ADMINISTRATIVE POSITIONS - 55
FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4
FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23
APPOINTMENTS:
EFFECTIVE
NAME TITLE DEPARTMENT DATE SALARY TYPE
FIDELMAN, R. Soc. Wel. Ex. Social Svcs. 4/11/94 16,641 Perm
HARRIS, David Custodian Bldgs/Grds. 4/15/94 15,265 Perm
SKEENS, Fran Paralegal Social Svcs. 5/2/94 11.9594Prov
RUMSEY, Carlene Soc. Welfare Social Svcs. 4/11/94 17,141 Perm
Examiner Prom
SCHMIDT, Debra Conf. Sec'y. County Atty. 4/11/94- 16,774 Exmt
12/31/95
NAME TITLE DEPARTMENT DATE
TEMPORARY:
VanALSTINE, Bernard Meal Deliverer OFA 3/22/94-
6/22/94
LEAVES OF ABSENCE:
AMEIGH, Lee Meal Deliverer OFA 2/24/94-
(Disability) 5/31/94
O'KANE, Richard Motor Equip. Opr. Highway 4/21/94
(Worker's Compensation)
BARON, Diana Data Entry Operat. Mental Health 2/16/94-
(Maternity Disability) 3/4/94
OTHER:
THOMPSON, Walter J. Autom. Mechanic Highway 1/1/94
(Change in Salary)
RESIGNATIONS:
CALDWELL, Barbara Conf. Sec'y. County Atty. 4/8/94
RETIREMENTS:
COLE, Richard E. Director OFA 3/25/94
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 8-0.
RESOLUTION NO. 222 Motion by Halpin, second by Young.
RE: AUTHORIZE CHANGE ORDER HVAC-1: CONTRACT WITH D.J. D'AMICO PLUMBING & HEATING CO., INC.
WHEREAS, certain changes to the HVAC system for the above-referenced contract have been necessary to enhance the efficiency of the HVAC systems for the Courthouse addition, and
WHEREAS, such changes have been jointly and extensively negotiated by and between the County's Representatives, the County Attorney and the Architect, and
WHEREAS, an agreement between and among the interested parties has allocated the cost of such change order between the County and the Architect so as to reduce the net County cost to the sum of $14,664, and
WHEREAS, the Building Project Committee has reviewed the referenced Change Order and recommends authorization thereof as follows:
Original Contract Sum $171,084.00
Net Change by Previous Orders -0.00-
Contract Sum Prior to this Change Order 171,084.00
Contract Sum will be Increased by: 67,773.00*
New Contract Sum Including this Change Order $238,857.00
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Order having been previously approved by the County Attorney and attached hereto.
*NOTE: County's portion is $14,664 and the portion paid by others is $53,109, for a combined total of $67,773.00.
VOTE: Passed 8-0.
RESOLUTION NO. 223 Motion by Halpin, second by Young.
RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO EXTEND CONTRACT FOR VETERANS' SERVICES WITH YATES COUNTY
WHEREAS, the contract with Yates County for the provisions of Veterans Services is due to expire June 30, 1994, and
WHEREAS, Stanley Clark, Veterans Service Director of Yates County, will be retiring from there in September, 1994, and
WHEREAS, it is the recommendation of the Human Services Committee to seek an extension of our contract for Veterans' Services with Yates County until Mr. Clark does retire.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to contact Yates County to seek an extension of the contract to continue Mr. Clark's services up to his date of retirement, and
BE IT FURTHER RESOLVED, that the Chairman is hereby authorized to sign such agreement with Yates County, subject to the approval of the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 224 Motion by Halpin, second by Young.
RE: AUTHORIZE HARDWARE UPGRADE - LEGISLATIVE OFFICE AND TRANSFER OF FUNDS - CENTRAL DATA PROCESSING
WHEREAS, the recent WordPerfect 6.0 upgrade has necessitated a hardware upgrade for the two workstations in the Legislative Office, and
WHEREAS, it is the recommendation of the Computer Coordination Committee that said upgrade be approved, and
WHEREAS, it is the recommendation of the Finance Committee that said upgrade be paid for with existing monies from the Central Data Processing account.
NOW, THEREFORE, BE IT RESOLVED, that the aforementioned upgrade be and hereby is approved in an amount not to exceed $1,300.00, and
BE IT FURTHER RESOLVED, that the County Treasurer transfer $1,300.00 from Central Data Processing acct. no. 1680.400 to acct. no. 1680.200 to pay for the cost of the upgrade.
VOTE: Passed 8-0.
RESOLUTION NO. 225 Motion by Halpin, second by Young.
RE: AUTHORIZE CHANGE ORDERS GC-2, GC-4 AND GC-5 - CONTRACT WITH MCGUIRE & BENNETT, INC.
WHEREAS, change order GC-2 executed February 25, 1994 relative to the contract extension requires some additional language, and
WHEREAS, change orders GC-4 and GC-5 pertaining to the addition of structural steel and two (2) closets, respectively, have been received by the architect, and
WHEREAS, the Building Project Committee has reviewed the referenced change orders and recommends authorization thereof as follows:
GC-2
Original Contract Sum $ 1,224,000.00
Net Change by Previous Orders 79,754.00
Contract Sum Prior to this Change Order 1,303,754.00
Contract Time will be Increased by: 98 days
The Date of Substantial Completion is 9/2/94
The additional wording added to this change order will be as follows:
"Extension of time is justified due to conditions unforeseen to the Contractor relating to the unstable East foundation wall of the existing Courthouse."
GC-4
Original Contract Sum $1,224,000.00
Net Change by Previous Orders 57,618.00
Contract Sum Prior to this Change Order 1,281,618.00
Contract Sum will be Increased by: 9,939.00
New Contract Sum Incl. this Change Order 1,291,557.00
GC-5
Original Contract Sum $1,224,000.00
Net Change by Previous Orders 67,557.00
Contract Sum Prior to this Change Order 1,291,557.00
Contract Sum will be Increased by: 1,023.00
New Contract Sum Incl. this Change Order 1,292,580.00
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Orders; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 226 Motion by Karius, second by Fitzsimmons.
RE: APPOINTMENT TO SCHUYLER COUNTY AGRICULTURAL COMMITTEE
WHEREAS, the Schuyler County Agricultural Committee, a coalition of existing agricultural groups and agencies within our county, have officially adopted their by-laws on May 5, 1994, and
WHEREAS, the Schuyler County Legislature wishes to welcome them as an official organization with our county community, and
WHEREAS, the purpose of the Schuyler County Agricultural Committee is to strengthen the economic viability of agriculture in Schuyler County through the promotion and increased public awareness of the importance of agriculture to our overall economy of the county, state and nation.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature appoints the Chairman of its Agriculture and Natural Resource Committee, currently Patricia L. Hastings, as our representative to this committee for a two-year term coinciding with the term of the legislators.
VOTE: Passed 8-0.
RESOLUTION NO. 227 Motion by Karius, second by Fitzsimmons.
RE: AUTHORIZE CONTRACT WITH NEGOTIATION CONSULTANT
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Michael Krusen for negotiation consultant services at the rate of $50.00 per hour, not to exceed $2,000.00, there being monies available in Legislative account no. 1010.435 (Professional Fees and Services); subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 228 Motion by Karius, second by Fitzsimmons.
RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS
WHEREAS, the bills have been audited and ordered paid.
NOW, THEREFORE, BE IT RESOLVED, that Abstract 4 of 1994, bills numbered as follows: General Fund #1667 - #2087; 2098-2121; 2136-2140; Capital General Fund #2122 - 2135; County Road Fund #2088 - #2093; Machinery Fund #2094 - #2097, as certified by the Chairman and Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and
BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed.
I General Fund
Human Services Committee $ 17,242.15
Legislative Committee 13.66
Agriculture/Natural Resource 0.00
Finance Committee 1,371.47
Administrative Committee 178,180.56
Corrections, Refor. & Ed. 2,170.77
Co. Clerk/Elections Comm. 708.43
Public Health Committee 46,808.23
Mental Health Committee 69,581.71
Public Safety Committee 77,615.06
Assessment/Taxation Comm. 12,391.49
Buildings & Grounds Comm. 17,001.95
Community Development,
Planning & Expansion 19,094.67
Highway Committee 64.91
Total General Fund..........$442,245.06
II Capital General Fund
Buildings and Grounds Comm. $281,073.18
Community Development, Planning
& Expansion Committee $ 585.63
Total Capital General Fund..$287,330.81
III Trust Fund
Gazebo Fund $ 00.00
Total Trust Fund............$ 00.00
IV County Road Fund
Total County Road Fund......$ 42,760.00
V Machinery Fund
Total Machinery Fund........$ 11,175.37
TOTAL AUDIT.....$783,511.24
APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig
Chairman Clerk
Schuyler County Legislature Schuyler County Legislature
VOTE: Passed 8-0.
RESOLUTION NO. 229 Motion by Burnside, second by Karius.
RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR
BE IT RESOLVED, that one (1) resolution be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 230 Motion by Hastings, second by Karius.
RE: CREATE TEMPORARY DATA ENTRY POSITION - DSS
WHEREAS, a Sr. Data Entry Operator will be off work for at least one month beginning May 5, 1994, and
WHEREAS, the Legislature previously authorized the creation of a temporary data entry operator position to fill in during a previous disability absence of the Sr. Data Entry Operator, and
WHEREAS, this position was filled by a Typist in the Department who is now trained in data entry, and
WHEREAS, the Department cannot function without two persons doing data entry.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the creation of a temporary data entry operator position in the Department of Social Services and authorize the Commissioner to fill said position effective May 10, 1995 until such time as the Sr. Data Entry Operator returns, and
BE IT FURTHER RESOLVED, that the Department be authorized to fill the vacant Typist position created by the temporary promotion of the Typist to Data Entry Operator.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Halpin announced the Administrative Committee will be going to Yates County on Wednesday to study their County Administrator's position. Legislator Halpin also announced a meeting with the towns and villages scheduled for May 26th at 7:00 p.m. at the Rural Urban Center regarding Appalachian Regional Funding for a shared administrative position. Legislator Hastings said she had written to Al Gore, Vice-President, relative to closing the USDA offices. She said she has heard from Conservationist Richard Swan and he said the Schuyler County Offices should be okay. Legislator Hastings advised the Assessment and Taxation Committee will be studying the tax structure and forming a special committee to do this. She further advised that the closing for the Johnson parcel will possibly be at the end of May. Legislator Halpin advised that the sales tax is up 19.4% over last year.
UNFINISHED BUSINESS: Resolution No. 171 tabled April 11, 1994 titled, "Support Changes in New York Penal And Criminal Procedures". Chairman Franzese asked Legislator Fitzsimmons, Chairman of the Corrections, Reformation and Education Committee, what the Committee recommendation was relative to this resolution. Legislator Fitzsimmons advised that the Committee recommends to leave the resolution on the table indefinitely.
NEW BUSINESS: Chairman Franzese read a letter received May 3, 1994 from Ronald Alexander, Chairperson of the Supervisors Association of Schuyler County. Chairman Franzese announced a Special Meeting of the Legislature on May 27, 1994 at 4:00 p.m. with the sole item of business being addressing the letter from the Supervisors Association of Schuyler County. Legislator Halpin said that Cooperative Extension is developing their four-year plan and would like Legislative participation, especially relative to budgeting.
PUBLIC PARTICIPATION - 10:05 P.M.: Casey Creamer, Burdett, noted that during the debate on Resolution No. 192 there were five times that the legislators referred to themselves as managers. He felt that the department heads are managers and the legislators were elected to be legislators. Lory Peck expressed dislike of the debate on Resolution No. 192 on the floor tonight. He then expressed gratitude for supporting the resolution relative to the mental health building. As a union representative for the Administrative Unit, Mr. Peck urged the Legislature to recognize the Supervisors Association of Schuyler County and negotiate fairly with them. Duane Spilde said he agreed with the importance of debate, but felt the debate on Resolution No. 192 was hurtful and contained inaccurate information. Mr. Spilde said that there are a number of county personnel that work many extra hours and the need for help county-wide is tremendous. He also felt that the statements made about chasing state monies just because they are there is a misinformed opinion and he has tried to articulate the rationale on this very hard. Public Participation was declared closed at 10:19 p.m.
The meeting adjourned at 10:19 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
The May 27, 1994 Special Meeting of the Schuyler County Legislature was called to order at 4:00 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present.
PUBLIC PARTICIPATION - 4:02 P.M.: There being none, Chairman Franzese proceeded with the agenda.
RESOLUTION NO. 231 Motion by Fitzsimmons, second by Young.
RE: RATIFICATION OF SPECIAL MEETING CALL
BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and possible action upon the following item of business:
1. Request for Recognition of Supervisors Association of Schuyler County.
VOTE: Passed 8-0.
RESOLUTION NO. 232 Motion by Young, second by Fitzsimmons.
RE: AUTHORIZE CHAIRMAN TO DECLINE RECOGNITION OF SUPERVISORS ASSOCIATION OF SCHUYLER COUNTY (SASC)
WHEREAS, the Chairman of this Legislature received written notification from Ronald G. Alexander of the organizing committee of the Supervisors Association of Schuyler County (SASC) advising that the SASC is an employee organization as defined by the Public Employees Fair Employment Act, under Article 14 of the Civil Service Law and requesting that the SASC be recognized as the exclusive representative of the unit consisting of all full and part-time Department Heads and Deputy Department Heads employed by Schuyler County, and that this Legislature negotiate with SASC to determine salaries, grievance procedure, and other terms and conditions of employment, and
WHEREAS, the letter further advised that failure to respond to the request for recognition, or if the Legislature declined to recognize the organization, it was the intent to file a Petition for Certification to the New York State Public Employment Relations Board.
NOW, THEREFORE, BE IT RESOLVED, the recommendation of the majority of this Legislature at a Legislative Committee meeting was to authorize the Chairman of this Legislature to send a letter to Mr. Ronald G. Alexander declining recognition of SASC as the collective bargaining agent, effective May 31, 1994.
DISCUSSION: Legislator Hastings said she felt there is a feeling of unfairness with the Department Heads dealing with the Legislators and also felt that a County Administrator would help them feel more secure. She requested the Administrative Committee to bring in an Administrator position to give the Department Heads the support they need. She would have to vote for the resolution, however, because of her position. Legislator Young said he supports the idea of organized labor, but does not understand the Department Heads needs. He has not been approached by one Department Head with a concern. Legislator Burnside said he has a problem with recognizing them at this time as he feels there is a lack of information. Legislator Smith asked if this resolution had gone through Committee and Chairman Franzese advised that it was discussed at the last Legislative Committee meeting. Legislator Smith then said he has always been opposed to the Department Heads having a union, but now feels he understands where they are coming from and will oppose this resolution. Legislator Halpin said, as a member of the Labor/Management Committee, that there was a lot of time and energy devoted to that Committee and felt it was working well and developing faith and trust. She did not understand the reasoning behind the petition. Legislator Fitzsimmons said he is interested in hearing more about the issues and hopes the dialogue stays open and productive. Legislator Young said he would like to meet with the Department Heads to understand what is going on. County Attorney Coleman interjected stating that once a employee group starts this process, communication becomes formalized with a statutory framework. In response to Legislator Smith's question, Attorney Coleman advised that if SASC seeks PERB, the Legislature can only talk to them through channels as advised by labor counsel. Chairman Franzese stated that labor counsel advised there be no discussion after receipt of the letter, and further that the County has to respond to the letter within 30 days. Legislator Hastings asked if Ron Alexander, Chairperson of SASC, could speak. Chairman Franzese declined the request without advice from labor counsel. Legislator Young said he would support the resolution with the idea of being able to talk to the Department Heads, but not to coerce them or change their minds. Legislator Karius said there used to be a good rapport with the Department Heads and Legislators and would like to see it again. Legislator Young "called for the question".
VOTE: Passed 7-1. (No: Smith)
PUBLIC PARTICIPATION - 4:38 P.M.: David Kelly, Vice-President of the Association, said he appreciated the Legislature's thought and debate. He said the Association's primary concern is to have job security. They do not share the same view of the Labor/Management Committee and want more eye-level cooperation. He concluded by saying that 75% of the eligible members do participate. The Legislature thanked him for his comments. Public Participation was declared closed at 4:40 p.m.
The meeting adjourned at 4:40 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
The June 13, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:31 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Burnside and followed by a Moment of Silence. ROLL CALL: All Legislators were present with Legislator Smith arriving at 6:38 p.m. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced the one emergency resolution coming to the floor tonight by title.
PUBLIC PARTICIPATION - 6:33 P.M.: There being no public comment, with the permission of the public present, Chairman Franzese proceeded with the agenda.
RESOLUTION NO. 233 Motion by Fitzsimmons, second by Burnside.
RE: APPROVE MINUTES OF APRIL 11, 1994 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the April 11, 1994 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 7-0.
RESOLUTION NO. 234 Motion by Young, second by Burnside.
RE: AUTHORIZE CHANGE ORDERS GC-6, GC-7 AND GC-8 - CONTRACT WITH MCGUIRE & BENNETT, INC.
WHEREAS, the architect is in receipt of contractors' proposal letters dated 3/18/94 relative to added labor and material costs for revision of floor plans of existing first floor of Court House-south side per architects' drawing; and to deduct for material not provided (carpet-160 sq. yrd.) but installed in existing Court House (GC-6 and GC-7, respectively), and
WHEREAS, as per contractors' proposal letter dated 3/28/94 GC-8 is to deduct Dutch Door as originally planned for existing first floor level of Court House-south side and substitute standard panel door, and
WHEREAS, the Building Project Committee has reviewed the referenced change orders and recommends authorization thereof as follows:
GC-6
Original Contract Sum $ 1,224,000.00
Net Change by Previous Orders 68,580.00
Contract Sum Prior to this Change Order 1,292,580.00
Contract Sum will be Increased by: 279.00
New Contract Sum Incl. this Change Order 1,292,859.00
GC-7
Original Contract Sum $ 1,224,000.00
Net Change by Previous Orders 68,859.00
Contract Sum Prior to this Change Order 1,292,859.00
Contract Sum will be Decreased by: 1,107.00
New Contract Sum Incl. this Change Order 1,291,752.00
GC-8
Original Contract Sum $ 1,224,000.00
Net Change by Previous Orders 67,752.00
Contract Sum Prior to this Change Order 1,291,752.00
Contract Sum will be Decreased by: 375.00
New Contract Sum Incl. this Change Order 1,291,377.00
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Orders; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 235 Motion by Young, second by Burnside.
RE: AUTHORIZE APPLICATION FOR EISEP FUNDS - OFFICE FOR THE AGING
WHEREAS, the Schuyler County Office for the Aging is eligible for $7,250.00 in state funds under the Expanded In-Home Services for the elderly Program (EISEP) for the first quarter of state fiscal year 1994-95 to provide case management, homemaker personal care level II and housekeeper/chore level III services for functionally impaired elderly, and
WHEREAS, a local match of $667.00 is required for these funds, and
WHEREAS, the application for these funds must be submitted to the NYS office for the Aging by July 1, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the application for the EISEP Program, subject to approval of the Schuyler County Attorney if necessary, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature agrees to appropriate $667.00 in the 1995 county budget as local share in support of the EISEP Program for the first quarter of 1995 (last quarter of the 1994-95 SFY), and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature agrees to appropriate an additional $3,333.00 in the 1995 county budget for local matching funds for April through December, 1995 to continue the EISEP Program in the first three quarters of state fiscal year 1995-96 (total 1995 county appropriation $4,000).
VOTE: Passed 8-0.
RESOLUTION NO. 236 Motion by Young, second by Burnside.
RE: AUTHORIZE TYPIST POSITION - DEPARTMENT OF SOCIAL SERVICES
WHEREAS, a committee of Social Services employees, after studying the Department's problems with managing the increasing telephone calls, has recommended a clerk for each unit, and
WHEREAS, there are several other Medicaid functions that need to be assigned, including:
Clerical support to the Managed Care Coordinator and Managed Care Program in general, and
Processing prior approvals for medical assistance transportation, and
other Medicaid unit functions, and
WHEREAS, adding this position to the Medicaid Unit would assist the unit in managing the Medicaid caseload of over 1,000 cases with another 75 pending eligibility, and
WHEREAS, the cost for the position will be covered for at least 22 months by the Managed Care Grant.
NOW, THEREFORE, BE IT RESOLVED, that a typist position, as titled by Civil Service, be created and filled in the Medicaid Unit of Social Services at an annual salary of $13,545 (Grade II), and
BE IT FURTHER RESOLVED, to add $13,545 to account no. 6010.1-Personnel and $9,210 to account no. 6010.4810-Federal Revenue and $9,211 to account no. 6010.3610-State Revenue.
VOTE: Passed 8-0.
RESOLUTION NO. 237 Motion by Burnside, second by Fitzsimmons.
RE: AUTHORIZE FLOATING SOCIAL WELFARE EXAMINER POSITION - DSS
WHEREAS, the caseload in the Medicaid Unit has increased from 617 cases in 1987 to 1,044 in May, 1994, and
WHEREAS, despite the implementation of several time-saving efficiencies, a problem continues to exist with a backlog of case processing, and
WHEREAS, this backlog has negative fiscal implications for the Department.
NOW, THEREFORE, BE IT RESOLVED, that authorization is hereby given to the Department of Social Services to create and fill a floating Social Welfare Examiner position, as titled by Civil Service, at a 1994 annual salary of $15,291, Grade XV, to be funded from Account No. 6010.1.
VOTE: Passed 8-0.
RESOLUTION NO. 238 Motion by Burnside, second by Fitzsimmons.
RE: AUTHORIZE PURCHASE OF SECURITY CAMERAS
WHEREAS, additional security cameras are needed for the safe operation of the jail, and
WHEREAS, West Fire Systems, Inc. has wired and furnished equipment presently used in the jail.
NOW, THEREFORE, BE IT RESOLVED, the Building Maintenance Supervisor be authorized to purchase the additional wiring and equipment as soon as possible from West Fire Systems, Inc. at an approximate cost of $5,270.00, and
BE IT FURTHER RESOLVED, that this purchase be funded from Rewire the Jail Account Number H3150.201 as this completes the rewiring of the jail.
VOTE: Passed 8-0.
RESOLUTION NO. 239 Motion by Burnside, second by Fitzsimmons.
RE: AMEND RESOLUTION NO. 212/CONTRACT WITH VITAL TELECOMMUNICATIONS, INC.
WHEREAS, Vital Telecommunications, Inc.'s proposal was presented with only two options, and
WHEREAS, Option I was recommended at the April Buildings and Grounds Committee meeting which has no "not to exceed" figure, and
WHEREAS, the Buildings and Grounds Committee at the May meeting again recommended Option I with no "not to exceed" figure as in Resolution No. 212-94.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 212-94 be amended by eliminating "not to exceed $8,000.00".
VOTE: Passed 8-0.
RESOLUTION NO. 240 Motion by Young, second by Smith.
RE: ACCEPT/REJECT BIDS FOR TELEPHONE/RADIO RECORDING SYSTEM
WHEREAS, Resolution No. 214-5/9/94 authorized advertisement for bids for a Telephone/Radio Recording System, and
WHEREAS, bids were received and opened at the May 27, 1994 Public Safety Committee meeting, and
WHEREAS, there is $20,000 in Account No. 3689.215 for this purchase, and
WHEREAS, Sheriff Maloney will make available the balance of $6,150 from Sheriff Reserve 888.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Emergency Management Coordinator, that this Legislature accept the bid from The Wilmac Company, 51 State St., Rochester, NY 14614, in the amount of $26,150, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
Videosound of Ithaca, Inc. in the amount of $19,170,
AAT Communication, Corp. in the amount of $37,331.25, and
Dictaphone Corp. in the amount of $34,995.
DISCUSSION: Legislator Halpin asked Legislator Young why the lowest bid is not being accepted. He explained that the specification and bids were carefully reviewed and the lowest bidder did not completely meet the specifications.
VOTE: Passed 8-0.
RESOLUTION NO. 241 Motion by Young, second by Smith.
RE: AUTHORIZE ISSUANCE OF DOG LICENSES FROM THE SCHUYLER COUNTY ANIMAL SHELTER
WHEREAS, the County of Schuyler operates an Animal Shelter for dogs by reason of a contract with the eight townships in Schuyler County, and
WHEREAS, it is necessary for dogs being adopted from the dog pound to be properly vaccinated and licensed, and
WHEREAS, the State Shelter Inspector has recommended that licensing take place by the Animal Control Officer at the Animal Shelter.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to make application on behalf of the Sheriff or his designee, Animal Control Officer, William A. Everetts, to sell and issue dog licenses from the Schuyler County Animal Shelter.
DISCUSSION: Legislator Hastings said she would be voting no on this resolution because she thinks this is a move that will encourage the animal shelter to end up doing the whole job. She feels this is going to increase the workload of the department thereby creating a necessity for more help. Legislator Karius said she had called her town and they only get $.14 and $.17 back from each license. Chemung County has been doing it this way and they are having a problem in making sure the appropriate town that the dog will be living in is on the license. Legislator Burnside said the state is recommending this procedure because they felt it would assure that people get their licenses. Legislator Burnside explained that when a person picks up a dog the license fee is paid for. Then after the dog has received its shots, the proof of shots is taken to the Sheriff's Department and the license issued. Chairman Franzese asked the Public Safety Committee to follow up on the procedure relative to the licenses getting to the appropriate towns. Legislator Halpin expressed concern over the fact that the Dog Control Officer is not always there. Legislator Fitzsimmons asked that the Public Safety Committee look at the Humane Society volunteers helping with adoptions and issuing licenses to increase the hours that someone is available to the public.
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 242 Motion by Young, second by Smith.
RE: CREATE TYPIST POSITION/AUTHORIZE HIRING - HOME HEALTH
WHEREAS, a Typist in the Home Health Agency will retire on June 17, 1994, and
WHEREAS, it is preferable to have this Typist train her replacement rather than have other staff work overtime.
NOW, THEREFORE, BE IT RESOLVED, that a temporary Typist position is hereby created in the Home Health Agency, as approved by Civil Service, to be funded from account no. 4010.100, and
BE IT FURTHER RESOLVED, that the Home Health Agency is hereby authorized to fill this position from June 1 to June 17, 1994 until the new Typist is trained, and
BE IT FURTHER RESOLVED, that the salary be prorated on the basis of an annual salary of $15,322, said funds available in the 4010.1 account.
VOTE: Passed 8-0.
RESOLUTION NO. 243 Motion by Young, second by Halpin.
RE: RENEW THE SCHUYLER COUNTY PUBLIC HEALTH NURSING SERVICE OPERATING CERTIFICATE FOR IMMUNOLOGY, PART-TIME CLINICS, WELL CHILD CARE AND TB RESPIRATORY CARE
WHEREAS, the Schuyler County PHNS Operating Certificate for clinics will expire July 31, 1994, and
WHEREAS, the Schuyler County Legislature supports the continuation of clinic services.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the renewal of the Schuyler County PHNS Operating Certificate, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign and submit the appropriate documents, subject to approval of the Schuyler County Attorney, if necessary.
VOTE: Passed 8-0.
RESOLUTION NO. 244 Motion by Young, second by Halpin.
RE: RENEW CONTRACT WITH SCHUYLER HOSPITAL TO PROVIDE PHYSICAL THERAPY SERVICES
WHEREAS, the Home Health Agency wishes to renew its contract with Schuyler Hospital, Inc., to provide physical therapy services at the rate of $35.00 per hour, plus mileage reimbursement at the rate of $.28 per mile from July 1, 1994 through June 30, 1995.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Schuyler Hospital, Inc. for physical therapy services at the above-referenced terms, subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 245 Motion by Young, second by Halpin.
RE: RENEW CONTRACT WITH SCHUYLER HOSPITAL TO PROVIDE OCCUPATIONAL THERAPY SERVICES
WHEREAS, the Home Health Agency wishes to renew its contract with Schuyler Hospital, Inc., to provide occupational therapy services at the rate of $35.00 per hour, plus mileage reimbursement at the rate of $.28 per mile from July 1, 1994 through June 30, 1995.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Schuyler Hospital, Inc. for occupational therapy services at the above-referenced terms, subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 246 Motion by Hastings, second by Young.
RE: CONTRACT - MILLER ASSOCIATES FOR EARLY INTERVENTION EVALUATIONS - HOME HEALTH AGENCY
WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide early intervention evaluations to eligible children from birth through age two as required by the New York State Department of Health.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an ongoing contract with Miller Associates to provide early intervention evaluations, effective July 1, 1994, at rates to be determined by the New York State Department of Health with monies available in account no. 2960.490; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 247 Motion by Hastings, second by Young.
RE: AUTHORIZE CONTRACT WITH FAGAN ENGINEERS/CREATE LINE ITEM - WATERSHED
WHEREAS, the Schuyler County Watershed Inspector has been authorized to initiate the procedure to pursue and obtain a local waiver that exempts the requirement to have new construction alternative wastewater systems designed by a design professional (engineer), and
WHEREAS, Fagan Engineers has submitted a contract, which has been reviewed and approved by the Schuyler County Attorney to prepare required information to the New York State Health Department in the form of a waiver application on behalf of the Schuyler County Watershed Protection Agency.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Fagan Engineers for generic sand filter design services at a cost of $1,000.00, subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Treasurer be, and hereby is, authorized to create line item .435-Professional Fees and Services in the Watershed budget and transfer $1,000 from 4050.444-Vehicle Maintenance to fund this new line item.
VOTE: Passed 8-0.
RESOLUTION NO. 248 Motion by Hastings, second by Young.
RE: TAX TITLE PROPERTY PURCHASERS - DELINQUENT TAXES ON OTHER PARCELS
WHEREAS, it is the recommendation of the Assessment and Taxation Committee that purchasers of tax title property be current in tax payment of other tax parcels owned by the purchaser in Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Terms and Conditions Of Sale, Sale Bid Form and any other pertinent document or advertisement for tax title property be amended to include the condition that all other tax parcels owned in Schuyler County by the purchaser must be current in tax payment, subject to approval of the Schuyler County Attorney of title documentation.
DISCUSSION: In response to Legislator Halpin's question, the County Attorney recommended that "of title documentation" be added to the end of the resolution for clarification.
VOTE: Passed 8-0.
RESOLUTION NO. 249 Motion by Hastings, second by Young.
RE: APPOINT - COMPUTER COORDINATION COMMITTEE
WHEREAS, it is the recommendation of the Computer Coordination Committee and the Assessment and Taxation Committee that Patrick Sayer be appointed as a member of the Computer Coordination Committee.
NOW, THEREFORE, BE IT RESOLVED, that Patrick Sayer be, and hereby is, appointed as a member of the Computer Coordination Committee.
VOTE: Passed 8-0.
RESOLUTION NO. 250 Motion by Young, second by Burnside.
RE: SUPPORT CHANGES TO REDEMPTION PERIOD FOR TAX ENFORCEMENT
WHEREAS, Chapter 602 of the Laws of 1993 amended the Real Property Tax Law to extensively revise the system for enforcing and collecting unpaid real property taxes and,
WHEREAS, the redemption period will be two years from lien date, except that a local law may be adopted increasing the period for one, two and three family residential property to three or four years and, WHEREAS, it is the recommendation of the Assessment and Taxation Committee that this Legislature support a change in the New York State Real Property Tax Law regarding the redemption period, to three years for all property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature supports a change in the Real Property Tax Law relative to the redemption period to three years for all property, and
BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the New York Association of Counties, New York State Division of Equalization and Assessment, New York State Association of Real Property Tax Directors and appropriate State representatives.
VOTE: Passed 8-0.
RESOLUTION NO. 251 Motion by Young, second by Burnside.
RE: DECLARE EQUIPMENT SURPLUS/AUTHORIZE SALE - HIGHWAY
WHEREAS, three (3) one-way plows in the Highway Department are no longer needed for use in the department.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declare three (3) one-way plows in the County Highway Department surplus pursuant to County Law Section 215, and
BE IT FURTHER RESOLVED, that the Highway Superintendent be, and hereby is, authorized to trade of equal value to D.R. Hamilton Sales, P.O. Box 788, Bath, New York two (2) used Viking 135HSE 9' one-way plows (#s 2 & 3) for one (1) new Push Frame to fit a Viking 120HSE 9' or a 135HSE 9', said value to be $2,350.00.
VOTE: Passed 8-0.
RESOLUTION NO. 252 Motion by Young, second by Burnside.
RE: AMEND RESOLUTION NO. 49-94 RELATIVE TO BIDS - PERIOD 4/1/94-3/31/95 FOR STEEL PLATE, STEEL PIPE, GABION BASKETS AND SHOP STEEL
WHEREAS, Resolution No. 49-94 authorized advertising for bids for the furnishing of materials for the Highway Department, and
WHEREAS, advertisement was made, bids received and opened Monday, March 21, 1994, and awarded to Chemung Supply Corporation, P.O. Box 527, Elmira, New York, and rejected bids were Allegany Pipe and Tubular Products, 2954 C.R. #22, Andover, NY, and Charles Haynes, Inc., 6424 E. Taft Road, P.O. Box 3009, Syracuse, NY, and
WHEREAS, it is the recommendation of the Highway Superintendent and the Highway Committee that Allegany Pipe & Tubular Products had the lowest bid on items #2, 6, 7, 10, 12, 13, 14, 15, 16, 18 & 20 for Used Steel Pipe.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 49-94 be amended to included accepting the bid from Allegany Pipe and Tubular Products for items #2, 6, 7, 10, 12, 13, 14, 15, 16, 18 & 20 for Used Steel Pipe.
VOTE: Passed 8-0.
PRESENTATION - JENNIFER FAIS OF STCRP & D BOARD - 7:00 P.M.: Ms. Fais distributed the final revised Schuyler County Canal Plan for inclusion in the Finger Lakes Canal Planning Region Report. Ms. Fais said they have been working on this for one year in order to develop a state-wide plan. The Finger Lakes Association was given funds to use to insure proper placing in the plan. Ms. Fais said they are hoping to submit the final draft by the end of the week and have a statewide Public Hearing the week of July 25th. She said the state would like one major canal-related item per region. The Montour Falls Marina is ours and is the largest canal marina on canal property. Ms. Fais said she is seeking the Legislature's endorsement of this final draft plan.
MOTION by Smith, SECOND by Young to support the concept of the Schuyler County Canal Plan draft as revised June 13, 1994. Motion carried eight ayes to zero noes.
The Legislature complimented Ms. Fais on her hard work relative to the plan and the presentation was concluded at 7:15 p.m.
RESOLUTION NO. 253 Motion by Smith, second by Young.
RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN TO AND FROM THE SPECIAL CHILDREN'S CENTER FROM 7/1/94 TO 6/30/95
WHEREAS, Resolution No. 167-4/11/94 authorized advertising for bids for transportation of preschool handicapped children, and
WHEREAS, bids were received and reviewed by the Public Health Committee on May 27, 1994, and
WHEREAS, the bid from the Special Children's Center is firm from 7/1/94 to 8/31/94, but from 9/1/94 to 6/30/95 the bid is contingent upon their also being awarded the transportation bid for Tompkins County.
NOW, THEREFORE, BE IT RESOLVED, that the bid from the Special Children's Center for transportation of preschool handicapped children to and from the Special Children's Center from July 1, 1994 to June 30, 1995 in the amount of $26 per child per day be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from Birnie Transportation Services, Inc., for transportation to and from the Special Children's Center in the amounts listed on the attachment and summarized here: $146.67 per round trip per day for 1 to 3 children; $166.68 for 4 to 7 children; $186.68 for 8 to 15 children; be, and hereby is, accepted in the event the Special Children's Center will not transport after 8/31/94, 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.
VOTE: Passed 8-0.
RESOLUTION NO. 254 Motion by Smith, second by Young.
RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN FROM 7/1/94 TO 6/30/95 - OAKS' GARAGE, INC.
WHEREAS, Resolution No. 167-4/11/94 authorized advertising for bids for transportation of preschool handicapped children, and
WHEREAS, four bids were received and reviewed by the Public Health Committee on May 27, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the bid from Oaks' Garage, Inc., for transportation of preschool handicapped children to and from Steuben-Allegany B.O.C.E.S. and Frank Pierce Early Childhood Center from July 1, 1994 to June 30, 1995 at the rate of $2.00 per loaded mile plus $10 per hour layover time, be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from Oaks' Garage, Inc., for transportation of preschool handicapped children to and from the Yates ARC Keuka Lake School at the rate of $65 per child per day, 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.
VOTE: Passed 8-0.
RESOLUTION NO. 255 Motion by Smith, second by Young.
RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN FROM 7/1/94 TO 6/30/95 - BIRNIE TRANSPORTATION SERVICES, INC.
WHEREAS, Resolution No. 167-4/11/94 authorized advertising for bids for transportation of preschool handicapped children, and
WHEREAS, four bids were received and reviewed by the Public Health Committee on May 27, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the bid from Birnie Transportation Services, Inc., for transportation of preschool handicapped children to and from Chemung A.R.C. Preschool, United Cerebral Palsy of Chemung County, and the SCT B.O.C.E.S. Preschool Program in Watkins Glen, from July 1, 1994 to June 30, 1995 in the amounts listed on the attachment and as summarized below, be, and hereby is, accepted:
Chemung A.R.C.: $146.67 per round trip per day for 1 to 3 children; $166.68 for 4 to 7 children; $186.68 for 8 to 15 children;
UCP of Chemung County: $122.22 per round trip per day for 1 to 3 children; $138.90 for 4 to 7 children; $155.60 for 8 to 15 children;
SCT B.O.C.E.S. - Watkins Glen: $97.78 per round trip per day for 1 to 3 children; $111.12 for 4 to 7 children; $124.48 for 8 to 15 children; 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.
VOTE: Passed 8-0.
RESOLUTION NO. 256 Motion by Hastings, second by Karius.
RE: AUTHORIZE CONTRACT WITH COTT COMPUTER SERVICES - COUNTY CLERK
WHEREAS, the contract with Cott Computer Services for indexing services in the County Clerk's Office has expired, and
WHEREAS, Cott has offered the same cost per instrument as last year, and additionally has offered to upgrade the current hardware and software systems at a cost of $410 which includes a new version of PC TOOLS and the system supplies.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Cott Computer Services for indexing and upgrade services at the same rate as last year, and upgrade the system in the County Clerk's Office for the year 1994 as outlined above, subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the indexing services contract be paid from account no. 1410.428 and the upgrade services be paid from account no. 1410.426.
VOTE: Passed 8-0.
RESOLUTION NO. 257 Motion by Hastings, second by Karius.
RE: AUTHORIZING DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW
WHEREAS, the County Clerk and Treasurer have presented their report concerning mortgage tax receipts for the period October 1, 1993 through March 31, 1994, 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 (SEE PAGE 269).
VOTE: Passed 8-0.
RESOLUTION NO. 258 Motion by Hastings, second by Karius.
RE: AMEND RESOLUTION NO. 186-5/9/94 - TRANSFER FUNDS FOR COMPUTER SOFTWARE
WHEREAS, Resolution No. 186-94 listed the amount to be transferred from account no. 1680.578 to account no. 1680.278 as $3,000, and
WHEREAS, there was $3,200 appropriated in the 1994 budget for this expense and the full amount should have been transferred.
NOW, THEREFORE, BE IT RESOLVED, the Resolution No. 186-94 be amended to read the total appropriations and any expenses already recorded be transferred to 1680.278 (total appropriations $3,200, expense $1,920).
VOTE: Passed 8-0.
RESOLUTION NO. 259 Motion by Halpin, second by Burnside.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS - 121
PART-TIME ADMINISTRATIVE POSITIONS - 55
FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4
FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23
APPOINTMENTS:
EFFECTIVE
NAME TITLE DEPARTMENT DATE SALARY TYPE
BOSSARD, Carol Director OFA 3/26/94 26,500 NCC
WARREN, Donald Nutrit. Coor. OFA 5/9/94 19,737 Prov
DePUE, Edward Seasonal Lbr. Bldgs./Grds. 5/9/94 5.00/H Lbr
FOLNSBEE, B. Soc. Wel. Ex. Social Svcs. 1/3/94 16,141 Prov
SALBEGO, Rose Acct. Ck. Ty. Home Health 4/12/94 7.8208 Perm
(30 hrs./wk. as long as grant continues)
WYRE, John C. Cleaner HT Bldgs./Grds. 5/10/94 5.00/H NCC
HOUCK, Bulinda Typist Social Svcs. 3/1/94 15,228 Rein
GINGRICH, F. Mgd. Care Social Svcs. 5/9/94 20,583 Prov
Coord./Medicaid Supv.
NAME TITLE DEPARTMENT DATE
TEMPORARY:
HOUCK, Bulinda Data Entry Operat. Social Svcs. 5/11/94
(Until return of Data Entry Operator)
HUNT, Sharon Youth Employment Youth Bureau 6/20/94-
Training Coord. 9/2/94
MITCHELL, Lola M. Director Youth Bureau 4/1/94-
To Administer SYETP Program) 9/30/94
POTTER, Beverly Typist Social Svcs. 5/11/94
(Until return of Data Entry Operator)
COMFORT, Richard W. Youth Employment Youth Bureau 6/27/94-
Training Coord. 9/2/94
SYETP Workers Laborers Youth Bureau 6/27/94-
(50 maximum) 9/2/94
LEAVES OF ABSENCE:
BLIDBERG, Onalee Sr. Soc. Welf. Ex. Social Svcs. 4/22/94
MURPHY, Patsy Sr. Data Ent. Opr. Social Svcs. 6/4/94
BLEILER, Charles Mtr. Equip. Opr. Highway 5/23/94-
(Worker's Compensation) 6/2/94
BLIDBERG, Onalee Sr. Soc. Welf. Ex. Social Svcs. 5/16/94
(Return from Leave)
BLEILER, Charles Mtr. Equip. Opr. Highway 6/2/94
(Return from leave)
RESIGNATIONS:
WARREN, Donald Support Investig. Social Svcs. 5/6/94
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 8-0.
RESOLUTION NO. 260 Motion by Halpin, second by Burnside.
RE: APPROVE TRANSFER OF $1,000 FROM CONTINGENT ACCT. NO. 1990 TO ACCT. NO. 1010.402
WHEREAS, the required publishing of Local Law No. 3 of 1994 cost Schuyler County $1,055.92, and
WHEREAS, this was a large, unanticipated expenditure for advertising, there are not sufficient funds in the budget to cover this.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the transfer of $1,000 from Contingency acct. No. 1990 to Legislature Advertising acct. no. 1010.402.
VOTE: Passed 8-0.
RESOLUTION NO. 261 Motion by Halpin, second by Burnside.
RE: AUTHORIZE HIRING TEMPORARY HELP - TREASURER'S OFFICE
WHEREAS, the 1994 Budget has funds available in acct. no. 1325.435 for the hiring of temporary help to assist in the collection of the second installment of Town and County taxes which is due on or before July 1, and
WHEREAS, the monies available are provided from the fee charged those using the installment payment option.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is authorized to hire up to two temporary persons during the period 6/20/94 through 7/5/94, on an as needed basis.
VOTE: Passed 8-0.
RESOLUTION NO. 262 Motion by Halpin, second by Fitzsimmons.
RE: ESTABLISH JUNK MAIL ACCOUNT NO. 8160.361
WHEREAS, the Schuyler County Legislature wishes to create a new line item for Junk Mail, Account No. 8160.361, and
WHEREAS, the Solid Waste Management Task Force and the Recycling/Solid Waste Coordinator recommended on 5/18/94 the following budget changes.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is directed to set up line item #8160.361 - Junk Mail - $2500, and
BE IT FURTHER RESOLVED, that $500 from 8160.365, $1,500 from 8160.367 and $500 from 8160.368 be transferred to Acct No. 8160.361 to fund the new $2,500 appropriation for Junk Mail.
VOTE: Passed 8-0.
RESOLUTION NO. 263 Motion by Halpin, second by Fitzsimmons.
RE: APPOINTMENT - MEDICAL SCHOLARSHIP COMMITTEE
WHEREAS, Mr. George Hoffman resigned from the Medical Scholarship Committee, and
WHEREAS, his resignation has been accepted with regret and gratitude for his years of service on this committee.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of Maxine Neal to the Medical Scholarship Committee for the remainder of the term which ends December 31, 1996.
VOTE: Passed 8-0.
RESOLUTION NO. 264 Motion by Halpin, second by Fitzsimmons.
RE: AWARD OF MEDICAL SCHOLARSHIP - JAMES P. COLEMAN III
WHEREAS, the membership of the Schuyler County Medical Scholarship Committee at its May 13, 1994 meeting unanimously recommended that James P. Coleman III of Watkins Glen, New York continue to receive the medical scholarship.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges the recommendation of the Schuyler County Medical Scholarship Committee and awards James P. Coleman III the Medical Scholarship funds to be budgeted for fiscal year 1995, provided he shall remain eligible for same, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall prepare the necessary documents for execution by James P. Coleman III for payment of the 1995 scholarship funds in two payments of $3,250.00, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to prepay said amounts of $3,250 upon presentation of properly executed and documented vouchers.
DISCUSSION: Legislator Fitzsimmons stated for the record, "I will support no more cash grants for medical scholarship, but will support a loan program".
VOTE: Passed 8-0.
RESOLUTION NO. 265 Motion by Young, second by Halpin.
RE: AUTHORIZE OPTION I AND ADVERTISEMENT FOR BID - VITAL TELECOMMUNICATIONS
WHEREAS, it is imperative to pursue an option for telecommunications since the completion of the building project is tentatively scheduled for August 1st, and
WHEREAS, it is the recommendation of the Building Project Committee that the Legislature choose Option I of Vital Telecommunications comparisons.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize Vital Telecommunications to proceed with Option I for digital services with a new PBX for the county office building and addition, and
BE IT FURTHER RESOLVED, that Vital Telecommunications and the Building Maintenance Supervisor be authorized to advertise for bids for same, and
BE IT FURTHER RESOLVED, that Vital Telecommunications be further authorized to re-negotiate the contract with NYNEX to obtain Flexipath services.
VOTE: Passed 8-0.
RESOLUTION NO. 266 Motion by Young, second by Halpin.
RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS
WHEREAS, the bills have been audited and ordered paid.
NOW, THEREFORE, BE IT RESOLVED, that Abstract 5 of 1994, bills numbered as follows: General Fund #2141 - #2703; Capital General Fund #2704 - 2718; County Road Fund #2719 - #2724; Machinery Fund #2725 - #2729, as certified by the Chairman and Deputy Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and
BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed.
I General Fund
Human Services Committee $ 17,594.10
Legislative Committee 98.22
Agriculture/Natural Resource 2,805.75
Finance Committee 5,485.72
Administrative Committee 12,915.05
Corrections, Refor. & Ed. 8,221.71
Co. Clerk/Elections Comm. 2,115.93
Public Health Committee 55,901.47
Mental Health Committee 28,319.16
Public Safety Committee 30,995.57
Assessment/Taxation Comm. 15,424.47
Buildings & Grounds Comm. 53,257.69
Community Development,
Planning & Expansion 12,463.04
Highway Committee 872.00
Total General Fund..........$246,469.88
II Capital General Fund
Buildings and Grounds Comm. $205,577.42
Community Development, Planning
& Expansion Committee $ 4,805.77
Total Capital General Fund..$210,383.19
III Trust Fund
Gazebo Fund $ 00.00
Total Trust Fund............$ 00.00
IV County Road Fund
Total County Road Fund......$ 24,669.89
V Machinery Fund
Total Machinery Fund........$ 25,791.81
TOTAL AUDIT.....$507,314.77
APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig
Chairman Clerk
Schuyler County Legislature Schuyler County Legislature
VOTE: Passed 8-0.
RESOLUTION NO. 267 Motion by Young, 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: Passed 8-0.
RESOLUTION NO. 268 Motion by Young, second by Halpin.
RE: CONTRACT BETWEEN THE FALLS HOME ASSISTED LIVING PROGRAM AND THE HOME HEALTH AGENCY
WHEREAS, the New York State Department of Health and the New York State Department of Social Services have approved the operation of an assisted living program at the Falls Residence, and
WHEREAS, Section 3614(6) of Public Health Law and Section 86-7 of 10 NYCRR require a contract between the Assisted Living Program and the Certified Home Health Agency in order for the home health care services to be delivered, and
WHEREAS, it is advantageous for the County to have an assisted living program operating in the County.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an agreement between the Falls Home Assisted Living Program and the Schuyler County Home Health Agency for home care services for the period of July 1, 1994 through June 30, 1995 at the rate of $85.00 per hour of skilled nursing visit time, and at established Home Health Agency rates for all other Home Health Agency services; contingent upon the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Halpin announced the Administrative Committee meeting scheduled for June 16th has been changed to June 15th at 9:30 a.m. Legislator Hastings attended the Fish and Wildlife Board meeting and passed along information from the same. She advised that a letter was sent to Senator Kuhl relative to public access for Cayuta Lake. Legislator Fitzsimmons noted that Ronald Alexander had reported at the last Corrections, Reformation & Education Committee that in 1992-1993 Schuyler County had the greatest percentage reduction in felonies of any county in the state. Legislator Fitzsimmons also noted that Corning Community College has hired Dr. Eduardo Marti as their new president. Legislator Karius advised that the Human Services Committee hopes to resolve the issue of who will be running the Veterans Service Agency at their next meeting since there are time constraints. Legislator Burnside said that he has been receiving several complaints, referred them to the appropriate public safety personnel and they were given immediate attention.
UNFINISHED BUSINESS: Legislator Halpin advised that the building project completion date is August 1st. The communications system may not be installed by that date, however. She further noted the project considered and rejected in January of 1992 was estimated to be $2.1 million at an interest rate of 6.5%. The current project will cost $2.0 million at an interest rate of 5.6%.
NEW BUSINESS: Legislator Hastings stated for the record, "There seems to have been some snowballing in the county as far as positions are concerned and a little bit of it is that the need is there. I am getting to be a little bit worried and I would like it noted that I will not satisfy any more new positions in the county for the rest of this year and those to replace I will look at very seriously because we are going to have a very difficult budget at the end of this year. There seems to be a lot of upset with different departments who felt they were making the sacrifices to get along with what they had and we weren't playing fair. I hope this Legislature seriously considers when we make the decision to appoint new positions that we only have six more months to go and we have to look at them very seriously."
PUBLIC PARTICIPATION - 7:38 P.M.: Casey Creamer, Burdett, said he appreciates Legislator Hastings thinking about the budget now and not waiting until later. Michael Gehl expressed gratitude for the Assisted Living Program resolution.
The meeting adjourned at 7:42 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
The July 11, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:38 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None.
PUBLIC PARTICIPATION - 6:40 P.M.: David Kelly, Planning Director, directed his question to Intro. No. 11 relative to amending the Management Level Salary Plan and asked about the changes being made. Legislator Halpin responded that the addition of the performance evaluation form and correction of some typographical errors are the only changes. A gentleman spoke about the Veterans Service Officer position. While Mr. Clark does a good job, he felt that a county resident ought to hold the position and felt now is the time to advertise and train. It was explained that Mr. Clark's appointment is temporary to keep the office running until a qualified person is on board. Legislator Karius advised that the Human Services Committee will be starting the advertising process at the next committee meeting. Chairman Franzese noted that in 1992 Schuyler County, with a 2,455 estimated veteran population, received $1.1 million in benefits and thanked Mr. Clark for his service to the County. Lory Peck urged the Legislature to move forward with accepting the proposal for the Deferred Compensation Plan. Public Participation was declared closed at 6:50 p.m.
PRESENTATION - JOHN ZAGAME, EXECUTIVE DIRECTOR OF NYSAC - 6:50 P.M.: Mr. Zagame explained that he was travelling to all counties around the state introducing himself and keeping them abreast of the work of NYSAC. Mr. Zagame feels the state and county governments need a closer relationship. He said that NYSAC's primary goal is Medicaid takeover with the Pre-K Handicapped Children's Program being another major issue. The State has an obligation to pay for its mandates. NYSAC also sees an increased need for economic development. Mr. Zagame said that at their fall conference they will have a session relative to this. NYSAC is working on cost containment to submit to the Governor and State Legislature in January and will have a task force on the Pre-K program to do surveys. Mr. Zagame said there is a need for individual county legislators to help NYSAC with lobbying - the more voices heard, the better. In conclusion, Mr. Zagame advised that counties are the clients and should feel free to call his office anytime. The presentation concluded at 7:08 p.m.
RESOLUTION NO. 269 Motion by Burnside, second by Smith.
RE: APPROVE MINUTES OF THE MAY 9 AND JUNE 13, 1994 REGULAR MEETINGS AND MAY 27, 1994 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the May 9 and June 13, 1994 Regular Meetings and May 27, 1994 Special Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 270 Motion by Smith, second by Burnside.
RE: AUTHORIZE REPLACEMENT OF UPS - CENTRAL DATA PROCESSING
WHEREAS, the uninterrupted power supply (UPS) for the County Office Building network file server is not functioning, and
WHEREAS, it is essential that the file server be protected against power outages, and
WHEREAS, it is the recommendation of the Assessment and Taxation Committee that this equipment be replaced.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the purchase of a new UPS and powershoot software at a cost of approximately $500.00, and
BE IT FURTHER RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $500.00 from account no. 1680.426 (Maintenance of Equipment) to account no. 1680.200 (equipment).
VOTE: Passed 8-0.
RESOLUTION NO. 271 Motion by Smith, second by Burnside.
RE: AUTHORIZE TEMPORARY ACCOUNTING SUPERVISOR GRADE B - DSS
WHEREAS, Phyllis H. Gardner plans to retire October 31, 1994 as the Accounting Supervisor, Grade B, a position that she has held since December 29, 1970 (date of hire 10/16/67), and
WHEREAS, the Accounting Supervisor now is responsible for the supervision of the accounting and data entry units including management of the $6,725,000 Department of Social Services budget involving processing payments to clients and vendors, developing new procedures in compliance with state standards, maximizing state and federal reimbursement, completing fiscally related reports and claims, monitoring budget status, assisting the Commissioner in developing annual department budget, as well as training and supervising staff, and
WHEREAS, the skills involved with the above tasks have been developed over the past twenty-seven years and are specific to the Department of Social Services.
NOW, THEREFORE, BE IT RESOLVED, that authority be, and hereby is, granted for the creation and filling of a temporary Accounting Supervisor, Grade B position, at a salary of $20,883, commencing August 1, 1994 for the purpose of Phyllis Gardner training her replacement, as funded in the 1994 Department of Social Services budget 6010.1 account, and as titled by the Civil Service Commission.
VOTE: Passed 8-0.
RESOLUTION NO. 272 Motion by Smith, second by Burnside.
RE: SET COUNTY BURIAL RATES
WHEREAS, Schuyler County Burial Rates have not been increased in nearly 10 years, and
WHEREAS, local funeral directors can no longer meet their base costs with the current rates.
NOW, THEREFORE, BE IT RESOLVED, that Schuyler County adopt the attached Burial Rates effective January 1, 1995 for all Schuyler County approved burials.
VOTE: Passed 8-0.
RESOLUTION NO. 273 Motion by Young, second by Smith.
RE: NEW YORK TOURIST PROMOTION ACT - DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY - 1994-1995
WHEREAS, the New York State Matching Grants Program is designed to encourage tourism promotion throughout the regions of New York State, and
WHEREAS, in the past the State has appropriated funds for this purpose in its Commerce Department budget, and
WHEREAS, the guidelines for this local assistance program encourage counties to appoint a regional Tourist Promotion Agency, and
WHEREAS, the Schuyler County Chamber of Commerce has, by Legislative Resolution No. 230-93 been authorized to serve as the Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and
WHEREAS, the Schuyler County Chamber of Commerce has served as the Schuyler County lead tourist promotion organization since its inception, and
WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the County's Tourism Promotion Agency for the 1994-95 State Program year.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, designated by the Schuyler County Legislature as its Tourist Promotion Agency for the 1994-1995 State program year to represent the County of Schuyler under the present New York State Tourist Promotion Act for all purposes set forth in said Act, and
BE IT FURTHER RESOLVED, that the above designated Schuyler County Chamber of Commerce, shall be responsible for timely reporting to the Schuyler County Legislature concerning its proposed promotional programs and any application for matching funds, and shall further make required periodic reports to this Legislature relative to any application for funds involving the County and their use thereof for tourist promotion purposes and for such other acts as required by state law, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application for and receive grants on behalf of the County of Schuyler pursuant to the New York State Promotion Act, provided the State appropriates funds for this purpose in its Commerce Department budget for 1994-1995, and
BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to file a certified copy of this resolution with appropriate bodies including, but not limited to, the Schuyler County Chamber of Commerce.
VOTE: Passed 8-0.
RESOLUTION NO. 274 Motion by Young, second by Smith.
RE: LEGAL SERVICES - BUILDING PROJECT - MENTAL HEALTH
WHEREAS, at its meeting on June 6, 1994, the Community Services Board identified the need to contract with legal counsel regarding questions involving the building project for the Mental Health Clinic, and
WHEREAS, priority consideration will be given to Schuyler County attorneys in the selection process, and
WHEREAS, there are monies in the 1994 Schuyler County Mental Health Clinic budget to render for this expense, and
WHEREAS, the NYS Office of Mental Health Western Regional Office and the Schuyler County Community Services Board has approved this expenditure.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Community Services Board to contract for legal services, in an amount not to exceed $15,000, for legal services to be rendered in connection with satisfying the terms of the application for the grants and negotiating and drafting of all documents, titles and contracts related to the purchase of property, construction, and development thereon related to the Schuyler County Mental Health Clinic, the Schuyler/Yates Alcohol Clinic and the Decatur Rainbow Chasers Club; contract subject to the approval of the Schuyler County Attorney.
DISCUSSION: Chairman Franzese read a letter from the Village of Watkins Glen regarding their concern of taking another parcel off the tax rolls. Legislator Smith as Chairman of the Mental Health Committee said that the County should try to conform with their request as much as possible with a minimal goal of an in lieu of tax agreement. County Attorney Coleman noted that the County will have to make a final decision on this issue and can decide whether or not to keep it on the tax roll at that time.
VOTE: Passed 8-0.
RESOLUTION NO. 275 Motion by Young, second by Smith.
RE: AUTHORIZE HIRING OF KELLY SERVICES CLERICAL WORKER - MENTAL HEALTH
WHEREAS, temporary additional office support staff is essential to continue to maintain coverage at both offices and assist the billing clerk with collections.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Mental Health Clinic be authorized to hire one clerical worker at a rate not to exceed $9.00 per hour through Kelly Temporary Services, 55 Ferris Street, Corning, NY 14830, on an as needed basis, for a cumulative period of time not to exceed three months, effective immediately; contract subject to approval by the Schuyler County Attorney. Funding for such services is available in the 1994 budget account 4310.435.
VOTE: Passed 7-1. No: Hastings.
RESOLUTION NO. 276 Motion by Smith, second by Halpin.
RE: MEMORANDUM OF UNDERSTANDING - RSVP - 1994 - MENTAL HEALTH
BE IT RESOLVED, that the Chairman of this Legislature, be and hereby is, authorized to execute a Memorandum of Understanding with RSVP in an amount not to exceed $500.00 for services to the Schuyler County Community Services Board for the year 1994, effective immediately; said Memorandum subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 277 Motion by Smith, second by Halpin.
RE: MODEL EARLY INTERVENTION SERVICE PROJECT
WHEREAS, the State of New York Department of Health has agreed to fund $50,000 for a Model Early intervention Service Project to the Schuyler County Home Health Agency in collaboration with Schuyler ARC and the Schuyler County Child Care Coordinating Council, and
WHEREAS, the Schuyler County Home Health Agency will be the lead agency in this endeavor. A total sum of $15,350 has been assigned to the agency to cover personnel services for the purpose of overseeing the grant, reporting the progress and revising the workscope as needed, and
WHEREAS, Schuyler ARC will subcontract with the Home Health Agency for a sum of $21,950 of the grant money to establish an Early Intervention Evaluation Team within Schuyler County and increase available family support services, and
WHEREAS, the Schuyler County Child Care Coordinating Council will subcontract with Schuyler County Home Health Agency for the sum of $12,700 of the grant money to expand service delivery in natural settings, and
WHEREAS, there is presently no Early Intervention Evaluation team within Schuyler County, and
WHEREAS, the Early Intervention Law mandates service delivery within natural settings, and
WHEREAS, the need exists to support the families of children with disabilities in Schuyler County.
NOW THEREFORE BE IT RESOLVED, that the Schuyler County Legislature on behalf of the Home Health Agency, be and hereby is, authorized to enter into a contract with the New York State Department of Health as referenced above for the period of July 1, 1994 - June 30, 1995 with the expenses reimbursed by the State not to exceed $50,000; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature on behalf of the Home Health Agency be further authorized to enter into subcontracts with Schuyler ARC and Schuyler County Child Care Coordinating Council for the purposes of providing components of the services, coordinating the grant activities for the above stated period; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 278 Motion by Smith, second by Halpin.
RE: INTRODUCTION OF LOCAL LAW INTRO. NO. 2, LOCAL LAW NO. 4 OF THE YEAR 1994
WHEREAS, County Law Section 214(2) requires that a true copy of each local law be published in the official newspaper at least once a week for two successive week, and
WHEREAS, this requirement has become costly for the county, and
WHEREAS, it is the recommendation of the Administrative Committee that the County could better serve the public by publishing a summary and making copies available to anyone wishing a complete text of a local law.
NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law Intro. No. 2/Local Law No. 4 of the year 1994 in the form hereto annexed, be and hereby is, introduced pursuant to the Municipal Home Rule Law, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature schedule a public hearing to be held August 8, 1994 at 7:00 p.m. at the Watkins Glen High School Cafeteria, Twelfth Street, Watkins Glen, NY to hear comments from individuals regarding the adoption of Local Law No. 4, 1994.
A local law superseding County Law Section 214(2) regarding publication of local laws.
Section 1. Purpose and Intent
The County Legislature of the County of Schuyler intends by this Local Law to supersede the provisions of County Law Section 214(2), which requires that a true copy of each Local Law be published in the official newspaper at least once a week for two successive weeks. In order to reduce cost, this Legislature desires that the publication of the full text of each Local Law be discontinued, and replaced with only that detail necessary to insure that the public remains fully informed. This Local Law is adopted pursuant to Article IX of the Constitution of the State of New York, as interpreted in 92 Opinions of the Attorney General 1, and elsewhere.
Section 2. Publication Requirements
Upon the adoption of each Local Law of the County of Schuyler, the Clerk of the Legislature shall cause the publication once in the official newspapers of the County of the notice of the adoption of said Local Law and an abstract of the provisions thereof. Said notice shall include the location and availability of a copy of the actual text of each Local Law. This publication shall be in lieu of that required by County Law Section 214(2), which is hereby expressly superseded by this Local Law.
Section 3. Effective Date
This Local Law shall take effect immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 279A Motion by Karius, second by Young.
RE: AMEND RESOLUTION NO. 279
BE IT RESOLVED, that Resolution No. 279 be amended by the addition of the following "Be It Further Resolved" clause:
BE IT FURTHER RESOLVED, that if upon the expiration of the statutory term there is a county administrator/manager in place, the duties of the County Auditor will be jointly reviewed by the county administrator/manager and Legislature with a view toward any adjustments desired before the position is re-appointed."
DISCUSSION: Legislator Smith asked if this appointment included a salary. Chairman Franzese said no, however a stipend was discussed in Committee. She advised that the Deputy Clerk has offered to take the appointment without a stipend, however felt the County should look at this issue again in the future. Legislator Smith then questioned why it is being done now when it could possibly be a duty of the county manager position which the county is investigating. County Treasurer Peters said she had checked with Audit & Control and they felt that the auditor responsibilities could be a conflict under the county manager since he/she will be overseeing so much of county business and policy. After other concerns raised about the county manager doing this work, the Chairman conferred with the County Attorney and presented an amendment.
VOTE: Passed 8-0.
RESOLUTION NO. 279B Motion by Fitzsimmons, second by Hastings.
RE: AMEND RESOLUTION NO. 279
BE IT RESOLVED, that the second "Be It Further Resolved" clause in Resolution No. 279 be amended to read as follows:
BE IT FURTHER RESOLVED, the County Auditor shall have the responsibility and duty to establish the policies and procedures necessary to streamline the audit and authorization for payment of bills subject always to the statutory supervision of the Legislature, and".
VOTE: Passed 8-0.
RESOLUTION NO. 279 Motion by Halpin, second by Burnside.
RE: CREATE AND FILL POSITION OF COUNTY AUDITOR - COUNTY LAW S.600 - AS AMENDED
WHEREAS, the office of County Auditor would streamline the County's payment procedures, and
WHEREAS, the prompt payment of bills would enable the County to take advantage of discounts and as a result, save the County money, and
WHEREAS, the audit function of the County would be enhanced by the more frequent payment of bills, and
WHEREAS, it is recommended in the Report of Examination from the Office of the State Comptroller that the County consider such an appointment for the above-mentioned purposes.
NOW, THEREFORE, BE IT RESOLVED, that the position of County Auditor be, and hereby is, authorized and created, and
BE IT FURTHER RESOLVED, that this Legislature appoints Gail M. Willis to said position for the term 7/12/94-12/31/95, said term to coincide with that of the Legislators, and
BE IT FURTHER RESOLVED, the County Auditor shall have the responsibility and duty to establish the policies and procedures necessary to streamline the audit and authorization for payment of bills subject always to the statutory supervision of the Legislature, and
BE IT FURTHER RESOLVED, that the position of County Auditor shall have the statutory duties, responsibilities and powers, including those listed in the job description, as submitted to the Personnel Director and the Civil Service Commission, and
BE IT FURTHER RESOLVED, that all bills from all County Departments shall be audited and approved by said County Auditor, prior to any payment being made, and
BE IT FURTHER RESOLVED, that if upon the expiration of the statutory term there is a county administrator/manager in place, the duties of the County Auditor will be jointly reviewed by the county administrator/manager and Legislature with a view toward any adjustments desired before the position is re-appointed.
VOTE: Passed 8-0.
RESOLUTION NO. 280 Motion by Halpin, second by Burnside.
RE: ADOPT MANAGEMENT LEVEL SALARY PLAN AS AMENDED
WHEREAS, the Administrative Committee has continued work on the Management Level Salary Plan, and
WHEREAS, it is that committee's recommendation that the Plan be approved as amended.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby adopt the Management Level Salary Plan, dated July 1, 1994, which is amended from the plan dated November 19, 1993.
VOTE: Passed 8-0.
RESOLUTION NO. 281 Motion by Halpin, second by Burnside.
RE: AUTHORIZE PAYMENT OF EMPLOYEE COUNSELING AND TRANSFER FUNDS
WHEREAS, Res. No. 115-93 authorizes payment by Schuyler County for counseling services for employees between October 15, 1992 and December 31, 1993 not covered by Workers Compensation, health insurance claims, or other sources of funding made available.
NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the transfer of $3,000.00 from Contingency acct. no. 1990 to Judgments and Claims acct. no. 1930.400 for immediate payment of all such claims as verified to be eligible for payment by the Personnel Director and in accordance with Res. No. 115-93.
VOTE: Passed 8-0.
RESOLUTION NO. 282 Motion by Burnside, second by Halpin.
RE: LEASE AGREEMENT EXTENSION - 966E LOADER WITH CAT FINANCE - HIGHWAY
WHEREAS, the Schuyler County Highway Department had a twelve month lease extension for one (1) 966E Loader, per Resolution No. 192-5/10/93, and
WHEREAS, an additional twelve (12) month lease is requested by the Schuyler County Highway Superintendent at a monthly rate of $2,768.00, and is available through CAT Finance, with monies being available in the Highway budget.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to enter into a lease agreement with CAT Finance for a term of (12) months for the lease of said 966E CAT Loader at the rate of $2,768.00 per month; said lease agreement has been approved by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 283 Motion by Burnside, second by Halpin.
RE: ACCEPT PROPOSAL FOR DEFERRED COMPENSATION PLAN
WHEREAS, the Deferred Compensation Committee received proposals for the administration and funding of a New York Deferred Compensation Plan from five different companies, and
WHEREAS, all proposals were reviewed and evaluated, and
WHEREAS, the Deferred Compensation Committee recommends that PEBSCO of New York be the County's Deferred Compensation Plan Administrators.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature direct the Chairman of the Legislature to enter into a contract with PEBSCO of New York to administer the Deferred Compensation Plan for Schuyler County; subject to approval by the Schuyler County Attorney.
DISCUSSION: Chairman Franzese thanked all the members of the Deferred Compensation Committee for their service in researching all the proposals.
VOTE: Passed 8-0.
RESOLUTION NO. 284 Motion by Burnside, second by Halpin.
RE: RESTORATION OF THE FINGER LAKES AQUATIC VEGETATION CONTROL PROGRAM "AID TO LOCALITIES FUNDS"
WHEREAS, the State of New York has passed its budget for the 1994-1995 fiscal year, and
WHEREAS, the aforementioned budget did not include any new monies to continue the Finger Lakes Aquatic Vegetation Control Program, and
WHEREAS, the Finger Lakes Aquatic Vegetation Control Program is the only program to control nuisance aquatic vegetation in a significant portion of New York State, and
WHEREAS, Schuyler County utilizes those funds allocated to the Finger Lakes Aquatic Vegetation Program to maintain and enhance the quality of water on three lakes for the enjoyment of the people of New York State, and
WHEREAS, without the allocation of State funds this program will cease to operate in Schuyler County, and
WHEREAS, the loss of this program will result in the loss of jobs, the loss of tourism and a decrease in the value of the properties surrounding these lakes.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the funding of the Finger Lakes Aquatic Vegetation Control Program by means of the New York State budget, and
BE IT FURTHER RESOLVED, that any supplemental budget of the State of New York should include sufficient monies to maintain and enhance this program, and
BE IT FURTHER RESOLVED, the Clerk of this Legislature be directed to send copies of this resolution to all the appropriate officials.
VOTE: Passed 8-0.
RESOLUTION NO. 285 Motion by Smith, second by Young.
RE: AUTHORIZE CONTRACT WITH WILLIAM ALBERN - BUILDING PROJECT
WHEREAS, the Clerk of the Works, Paul Burgess, is not extending his contract with the County, and
WHEREAS, the building project is in a critical stage of completion which immediately requires these professional services to be rendered.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Chairman to sign a contract with Mr. William Albern to check the mechanicals on an as-needed basis to be determined by David Lisk and Mr. Albern, and
BE IT FURTHER RESOLVED, that the rate to be paid Mr. Albern is $65.00/hour, funding to be taken from the project contingency, and
BE IT FURTHER RESOLVED, that said contract will be prepared by Mr. Albern and that the authorization to sign is subject to the approval of the contract by the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 286 Motion by Smith, second by Young.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS - 121
PART-TIME ADMINISTRATIVE POSITIONS - 55
FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4
FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23
APPOINTMENTS:
EFFECTIVE
NAME TITLE DEPARTMENT DATE SALARY TYPE
KAY, Linda L. Community Social Svcs. 6/6/94 12,457 Lbr
Svce. Aide
DYKSHOORN, S. Reg. Nurse Home Health 7/6/94 20,883 Perm
SHANNON, C. Typist Home Health 6/15/94 7.4423 Prov
(30 hrs./wk.)
PATTERSON, Supervising Mental Health 5/31/94 32,926 Prov
Marilyn Social Wkr.
NAME TITLE DEPARTMENT DATE
TEMPORARY:
FORNEY, Judy Account Clerk Social Svcs. 6/6/94
ZEIGLER, Andrew Deputy Sheriff Sheriff Dept. 5/18/94-
8/18/94
REED, Joan E. Corrections Ofcr. Sheriff Dept. 5/26/94-
8/26/94
TRANSFERS:
SHAFFER, Karen Caseworker Social Svcs. 6/14/94
RESIGNATIONS:
FORNEY, Judy Comm. Svce. Aide Social Svcs. 6/5/94
HORNBY, Donna Sr. Soc. Welf. Ex. Social Svcs. 7/1/94
OSWALD, Lorraine Reg. Prof. Nurse Home Health 7/5/94
MANZANO, Rio Psychiatrist Mental Health 3/25/92
(End of contractual relationship)
CHUN, Kyung S. Psychiatrist Mental Health 2/27/93
(End of contractual relationship)
REMOVAL:
ZEIGLER, Andrew Deputy Sheriff Sheriff Dept. 5/17/94
SUSPENSION:
MURPHY, Patsy Sr. Data Ent. Op. Social Svcs. 6/3/94
(Without pay)
RETIREMENT:
KING, Shirley Typist Home Health 6/17/94
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 8-0.
RESOLUTION NO. 287A Motion by Fitzsimmons, second by Young.
RE: AMEND RESOLUTION NO. 287
BE IT RESOLVED, that Resolution No. 287 be amended by the addition of a second "Whereas" clause as follows:
WHEREAS, the Schuyler County American Legion and the Schuyler County Veterans of Foreign Wars recommend that a Schuyler County veteran be sought for the position.", and
BE IT FURTHER RESOLVED, that Resolution No. 287 be further amended by adding to the end of the "Be It Resolved" clause "until December 31, 1994, and" and adding an second "Be It Resolved" clause, "BE IT FURTHER RESOLVED, that by October 31, 1994 the position will be advertised, candidates and qualifications reviewed and a selection for a trainee for the position made."
VOTE: Passed 8-0.
RESOLUTION NO. 287 Motion by Smith, second by Young.
RE: AUTHORIZE TRANSFER OF FUNDS AND PAYMENT TO STANLEY CLARK AS DIRECTOR OF VETERANS SERVICES - AS AMENDED
WHEREAS, Stanley Clark has agreed to continue to serve as Director of Veterans Services for Schuyler County until such time as a qualified candidate is trained to assume the duties of that office, and
WHEREAS, the Schuyler County American Legion and the Schuyler County Veterans of Foreign Wars recommend that a Schuyler County veteran be sought for the position.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the transfer of $6,545 from account no. 6510.435 to account no. 6510.100 for the purpose of paying the salary for this position at the agreed upon rate of $13.09 per hour until December 31, 1994, and
BE IT FURTHER RESOLVED, that by October 31, 1994 the position will be advertised, candidates and qualifications reviewed and a selection for a trainee for the position made.
VOTE: Passed 8-0.
RESOLUTION NO. 288 Motion by Halpin, second by Karius.
RE: AUTHORIZE TRANSFER OF FUNDS - JUDGMENT & CLAIMS
WHEREAS, we are in receipt of a request for payment from National Casualty Company in the amount of $943.38 for defense counsel relative to a claim, and
WHEREAS, there are insufficient funds in the Judgment & Claims account no. 1930.400.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the transfer of $800.00 from acct. no. 1990 to acct. no. 1930.400.
VOTE: Passed 8-0.
RESOLUTION NO. 289 Motion by Halpin, second by Karius.
RE: REQUEST FOR ACTUARIAL STUDY OF NEW YORK STATE RETIREMENT SYSTEM AND REIMBURSEMENT OF "INTERCEPTED" FUNDS
WHEREAS, the Appellate Court of New York State recently overturned Chapter 210 of the Laws of 1990, which established the projected unit credit (PUC) method of financing the New York State Retirement System, and
WHEREAS, this decision will require a return to the aggregate cost method of funding, which will require a resumption of employer contributions, and
WHEREAS, the State of New York justified the PUC method of funding through a 1990 actuarial study which indicated that the system with assets of $60 billion was overfunded by $10 billion.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests that the New York State Retirement System undertake an actuarial study of the Retirement System under the Aggregate Cost Method to determine if it will be necessary for municipalities to retroactively pay into the system for the years when no contributions were made, and
BE IT FURTHER RESOLVED, that the New York State Legislature take the necessary steps to reimburse all monies taken from local aid under the "intercept" program, and
BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Mario Cuomo, State Comptroller H. Carl McCall and our local representatives in the New York State Senate and Assembly, Senator John R. Kuhl, Jr. and Assemblyman Donald Davidsen.
VOTE: Passed 8-0.
RESOLUTION NO. 290 Motion by Halpin, second by Karius.
RE: SUPPORT OF THE EXTENSION OF CHAPTER 413 OF THE LAWS OF 1991
WHEREAS, Chapter 413 of the Laws of 1991 was a major improvement to the local finance law that gave governments much needed flexibility, and
WHEREAS, these provisions include the elimination of the need for capital notes, permission to use discount bonds, permission to issue variable rate debt, and to extend methods of credit enhancement, and
WHEREAS, these provisions have been utilized by private and public financial institutions and other governments outside New York for many years, and
WHEREAS these provisions which are now considered standard financing vehicles and are scheduled to sunset on June 30, 1994 when the loss of the authority to use these financial tools will considerable reduce the flexibility counties have under the current law.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the New York State Legislature to enact legislation that makes permanent Chapter 413 of the laws of 1991 and directs that copies of this resolution be forwarded to the Governor, State Comptroller, Senator Kuhl and Assemblyman Davidsen.
VOTE: Passed 8-0.
RESOLUTION NO. 291 Motion by Halpin, second by Young.
RE: OPPOSITION TO LEGISLATION THAT ALLOWS A REAL PROPERTY TAX EXEMPTION AT TIME OF ACQUISITION
WHEREAS, Chapter 546 of the Laws of 1993 granted a religious corporation a retroactive and proportionate refund of real property taxes based upon Section 420 of the Real Property Tax Law nine months after the taxable status date and provided an exception to the general rule that tax exempt status be determined on the basis of ownership as of taxable status date, and
WHEREAS, the Governor directed the Division of Equalization and Assessment to develop a legislative proposal that amends current law to allow granting of exemptions to religious corporations at the point of acquisition, and
WHEREAS, this exception will lend instability to the local budgeting process and would cause significant administrative problems when determining taxable values for taxing purposes, and
WHEREAS, if acquisition took place during the year localities would not have a clear picture of taxable values.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature opposes any legislation that would allow a real property tax exemption upon acquisition and directs that copies of this resolution be forwarded to the Governor, The State Division of Equalization and Assessment, Senator John R. Kuhl, Jr. and Assemblyman Donald Davidsen.
VOTE: Passed 8-0.
RESOLUTION NO. 292 Motion by Halpin, second by Young.
RE: SUPPORT OF THE ACCEPTANCE OF CREDIT CARD PAYMENT FOR FINES, CIVIL PENALTIES, TAXES, FEES, RENT CHARGES OR OTHER AMOUNTS BY COUNTIES AT THEIR OPTION ONLY IF THE MUNICIPALITY CAN CHARGE AN ADMINISTRATIVE FEE TO COVER THE COST OF THE CREDIT CARD TRANSACTION
WHEREAS, legislation has been introduced that would allow municipalities the option of accepting credit card payment for fines, civil penalties, taxes, fees, rent charges, or other charges by counties at their option, and
WHEREAS, credit cards are a viable alternative to cash or checks for certain transactions, and
WHEREAS, if a municipality was to accept credit cards as a method of payment, they must have the flexibility to charge a fee that covers the cost of credit card usage including service fees and administrative costs, and
WHEREAS, it is fair and proper for those using a credit card to bear the cost of these additional expenses, instead of absorbing them as general county operating expenses.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports legislation that allows the acceptance of credit cards for certain payments at a county's option and provides that the full cost of accepting this form of payment must be borne by the individuals using the credit card and not by the other taxpayers who pay with cash or check, and
BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor Mario Cuomo, Senator William Larkin, Assemblyman Francis Pordum, Senator John R. Kuhl, Jr. and Assemblyman Donald Davidsen.
VOTE: Passed 6-2. Noes: Karius & Hastings.
RESOLUTION NO. 293 Motion by Halpin, second by Young.
RE: AUTHORIZE CHANGE ORDERS GC-9, GC-10 AND GC-11 - CONTRACT WITH MCGUIRE & BENNETT, INC.
WHEREAS, the architect is in receipt of contractors' proposal letters dated 11/24/93, 9/21/93 and 5/31/94 relative to winterization costs; additional underpinning costs; and revision of metal door frames and to install an electric strike in both (GC-9, GC-10 and GC-11, respectively), and
WHEREAS, the Building Project Committee has reviewed the referenced change orders and recommends authorization thereof as follows:
GC-9
Original Contract Sum $ 1,224,000.00
Net Change by Previous Orders 67,377.00
Contract Sum Prior to this Change Order 1,291,377.00
Contract Sum will be Increased by: 40,000.00
New Contract Sum Incl. this Change Order 1,331,377.00
GC-10
Original Contract Sum $ 1,224,000.00
Net Change by Previous Orders 107,377.00
Contract Sum Prior to this Change Order 1,331,377.00
Contract Sum will be Increased by: 4,500.00
New Contract Sum Incl. this Change Order 1,335,877.00
GC-11
Original Contract Sum $ 1,224,000.00
Net Change by Previous Orders 111,877.00
Contract Sum Prior to this Change Order 1,335,877.00
Contract Sum will be Increased by: 684.00
New Contract Sum Incl. this Change Order 1,336,561.00
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Orders; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 294 Motion by Young, second by Smith.
RE: AUTHORIZE CHANGE ORDER E-1 - CONTRACT WITH DeMUTH ELECTRIC, INC.
WHEREAS, the architect is in receipt of electrical contractors' proposal letter dated 6/10/94 to furnish and install all labor and material for additional communication locations, conduit installation for future wiring, phone closet, switches and light installation as indicated on drawings as provided for same, and
WHEREAS, the Building Project Committee has reviewed the referenced change order and recommends authorization thereof as follows:
E-1
Original Contract Sum $ 106,040.00
Net Change by Previous Orders 0.00
Contract Sum Prior to this Change Order 106,040.00
Contract Sum will be Increased by: 6,510.00
New Contract Sum Incl. this Change Order 112,550.00
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Building Project Committee, this Legislature accepts said Change Order; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 295 Motion by Young, second by Smith.
RE: ACCEPT/REJECT BIDS FOR TELECOMMUNICATIONS SYSTEM
WHEREAS, Resolution No. 265-6/13/94 authorized advertisement for bids for digital services with a new PBX for the county office building and new addition, and
WHEREAS, said advertisement was done, two bids received, opened and reviewed by the Building Project Committee and Vital Telecommunications.
NOW, THEREFORE, BE IT RESOLVED, based on the recommendation of the Building Project Committee and Vital Telecommunications that the base bid from All Mode Communications, Inc., 1725 Dryden Road, Freeville, NY 13068 in the amount of $128,971.00 be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from Rotelcom Network Business Systems, Inc., 180 S. Clinton Avenue, Rochester, NY 14646 in the amount of $93,957.00 be, and hereby is, rejected as it did not conform to the bid specifications.
DISCUSSION: Bernie Castner of Vital Telecommunications was present to give a history on the bid procedure. He noted that the low bid was not in compliance. The only other bid provides good equipment although the price is higher. Mr. Castner felt that re-bidding would not bring any significant change and that the county now has the opportunity to get good equipment from a reputable, local company. It was also noted that if the county re-bid, the phone equipment would not be installed in a timely manner so that departments could move into their new offices.
VOTE: Passed 8-0.
RESOLUTION NO. 296 Motion by Young, second by Smith.
RE: AUTHORIZE COUNTY TREASURER TO PAY AUDIT WITHIN FUNDS
WHEREAS, the bills have been audited and ordered paid.
NOW, THEREFORE, BE IT RESOLVED, that Abstract 6 of 1994, bills numbered as follows: General Fund #2730 - #3139; Capital General Fund #3140 - 3149; County Road Fund #3150 - #3157; Machinery Fund #3158 - #3160, as certified by the Chairman and Clerk of the Schuyler County Legislature, be transmitted to the County Treasurer, and
BE IT FURTHER RESOLVED, the County Treasurer is authorized to make direct payment by check of the amounts shown and that the respective accounts be charged the amounts allowed.
I General Fund
Human Services Committee $ 18,063.92
Legislative Committee 962.40
Agriculture/Natural Resource 60,599.25
Finance Committee 28,972.71
Administrative Committee 150,669.62
Corrections, Refor. & Ed. 11,774.71
Co. Clerk/Elections Comm. 2,785.46
Public Health Committee 57,351.21
Mental Health Committee 25,294.66
Public Safety Committee 25,288.28
Assessment/Taxation Comm. 3,003.86
Buildings & Grounds Comm. 10,938.41
Community Development,
Planning & Expansion 20,582.72
Highway Committee 93.55
Total General Fund..........$416,380.76
II Capital General Fund
Buildings and Grounds Comm. $237,126.88
Community Development, Planning
& Expansion Committee $ 363.35
Total Capital General Fund..$237,490.23
III Trust Fund
Gazebo Fund $ 00.00
Total Trust Fund............$ 00.00
IV County Road Fund
Total County Road Fund......$ 11,194.43
V Machinery Fund
Total Machinery Fund........$ 12,066.31
TOTAL AUDIT.....$677,131.73
APPROVED/s/ Angeline B. Franzese APPROVED/s/ Doris J. Craig
Chairman Clerk
Schuyler County Legislature Schuyler County Legislature
VOTE: Passed 8-0.
RESOLUTION NO. 297 Motion by Young, second by Smith.
RE: AUTHORIZE DISSOLUTION OF SOLID WASTE MANAGEMENT TASK FORCE AND OFFER GRATITUDE TO MEMBERS FOR SERVICE
WHEREAS, Resolution No. 237 of June 13, 1989 established the Schuyler County Solid Waste Task Force to provide advice and guidance to the County Legislature and Planning Department in their formulation and implementation of a Solid Waste Management Plan meeting State requirements, and
WHEREAS, the County's Solid Waste Management Plan and the original charge of the Solid Waste Management Task Force has been completed, and
WHEREAS, it is the unanimous decision of the Solid Waste Management Task Force that the Task Force be dissolved, and
WHEREAS, it is the desire of this Legislature to express its sincere thanks to the members of the Solid Waste Management Task Force for their dedication, hard work, expertise and many hours spent serving Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes dissolution of the Solid Waste Management Task Force, and
BE IT FURTHER RESOLVED, that this Legislature does hereby thank the members of the Solid Waste Management Task Force for their invaluable service in assisting the County of Schuyler in developing a Solid Waste Management Plan, and
BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to each member of the Solid Waste Management Task Force as a token of our appreciation.
DISCUSSION: Legislator Fitzsimmons wanted to verbally recognize the thousands of volunteer hours and contributions made by each member of the task force. Chairman Franzese thanked Legislator Fitzsimmons for chairing the task force.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Hastings asked what the status was on the Administrative Committee's charge of investigating a county manager position. Legislator Halpin noted that she is still lacking input from two legislators. Legislator Hastings said that Tom Brace had met with Senator Kuhl regarding the weedharvester funds. The Soil & Water Conservation Office has been cutting weeds since June 6th. Legislator Hastings advised that the Computer Coordination Committee would be meeting on Thursday to make a recommendation on a computer consultant. Legislator Burnside commended David Lisk, Building Maintenance Supervisor, for his excellent work and many extra hours contributed to the building project. Legislator Young said he has sent a letter to David Kelly, Planning Director asking him to give the county a report of the projects in progress in his office prior to his leaving. Legislator Fitzsimmons announced that the Corrections, Reformation and Education Committee will be meeting with the Public Safety Committee on July 22nd at 10:30 a.m. to discuss the DWI Program. Legislator Fitzsimmons said he met with Kevin Geoghan of the Arts of the Southern Finger Lakes regarding grants for National Endowment of the Arts. This involves a local match of $5,000 per year for two years. He will be asking the Legislature to consider this in the near future and expressed his opinion on the importance of cultural education and tourism.
UNFINISHED BUSINESS: None.
NEW BUSINESS: Chairman Franzese read, with regret, the letter of resignation from Margaret Jensen, Executive Secretary to the Civil Service Commission/ Personnel Director of Schuyler County.
PUBLIC PARTICIPATION - 9:23 P.M.: Nancy Peters commented that she agreed with the importance of cultural education, however the Legislature should keep their eye on the cost of these functions. Public Participation was declared closed at 9:26 p.m.
The meeting adjourned at 9:26 p.m.
Doris J. Craig, Clerk
Gail M. Willis, Deputy Clerk
The August 8, 1994 Regular Meeting of the Schuyler County Legislature was called to order at 6:33 p.m. by Chairman Franzese. The Pledge of Allegiance was led by Legislator Smith and followed by a Moment of Silence. ROLL CALL: All Legislators were present, with Legislator Young arriving at 6:42 p.m. Assistant County Attorney Morris was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese read the one emergency resolution to be brought to the floor tonight by title.
PUBLIC PARTICIPATION - 6:35 P.M.: Kevin Geoghan from the Arts of the Southern Finger Lakes expressed his appreciation of the Legislature's support for their grant program. Mr. Geoghan advised that their agency is working to advance the arts and hope to have a new regional program to increase the cultural and economic aspects of the county. Amelia Cornish expressed concern over some programs included in the Solid Waste Management Plan. She also advised there was not a copy of the Plan available in the library for the public to review. Legislator Halpin will check with the Recycling Coordinator on getting a copy of the Plan to the library immediately. Public Participation was closed at 6:40 p.m.
RESOLUTION NO. 298 Motion by Hastings, second by Karius.
RE: APPROVE APPLICATION FOR REFUND OF TAXES - WHITE - TOWN OF HECTOR 1994 LEVY
WHEREAS, the Real Property Tax Director has received an application for a refund of taxes for tax map number 36.-1-16 in the Town of Hector for property owned by Philip and Nenetzin White due to an error in essential fact for the amount of $56.46, and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee that said application be approved based upon the determination of findings.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute approval of said application, and
BE IT FURTHER RESOLVED, that the County Treasurer refund the above mentioned sum to the applicant and debit the Town of their amount of the refund.
VOTE: Passed 8-0.
RESOLUTION NO. 299 Motion by Hastings, second by Karius.
RE: AUTHORIZE NETWORK LAYOUT CONSULTANT FOR COURTHOUSE ADDITION
WHEREAS, the County Office Building computer network will be relocating the file server and majority of workstations due to the courthouse addition, and
WHEREAS, it is the recommendation of the communications specialist that network cabling be changed from co-axial cable to twisted pair cable, necessitating a change in network topology, and
WHEREAS, it is the recommendation of the Assessment and Taxation Committee that the network cabling and design be laid out by a professional.
NOW, THEREFORE, BE IT RESOLVED, that the Computer Coordination Committee be authorized to hire a professional consultant for network cabling and design from existing funds in the Central Data Processing account designated for computer consulting in an amount not to exceed $2000.00, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement for the services as set forth above; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 300 Motion by Hastings, second by Karius.
RE: AUTHORIZE HIRING COMPUTER CONSULTANT
WHEREAS, the Computer Coordination Committee has interviewed computer consultants and has selected Computing As A Second Language as most suitable of those interviewed, and
WHEREAS, it is the recommendation of the Assessment and Taxation committee that the Computer Coordination Committee be authorized to hire Computing As A Second Language on an hourly basis for computer consulting purposes.
NOW, THEREFORE, BE IT RESOLVED, that the Computer Coordination Committee be, and hereby is, authorized to hire Computing As A Second Language for the remainder of the year 1994 from existing funds in Central Data Processing for computer consulting at the following rates:
$45/hr. - On Site Services
$60/hr. - Group Training
$70/hr. - Highly Technical Support
$75/hr. - High Technical Consultant, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement for the services as set forth above; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 301 Motion by Hastings, second by Karius.
RE: ANNUAL UPDATE OF THE PINS DIVERSION LAW
WHEREAS, Schuyler County previously applied for and received approval for the operation of the PINS Diversion Program under the mandatory PINS Diversion Law during 1987 and updated annually since then, and
WHEREAS, this matter has been discussed by members of the Corrections, Reformation & Education Committee of the Schuyler County Legislature, and the recommendation of that Committee is that the PINS Diversion Planning Committee for the PINS Plan submit the required annual report.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the Update of the Plan on behalf of the County of Schuyler as well as any contract or agreement made a part of the Plan; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the PINS Diversion Planning Committee be authorized to submit said Plan to the State of New York, and
BE IT FURTHER RESOLVED, that the previously appointed members of the PINS Diversion Planning and Assessment Committees as listed below continue to serve in that capacity.
Ronald Alexander, Probation Director
Anne Balch, Social Services Commissioner
Lola Mitchell, Youth Bureau Director
Duane Spilde, Director of Community Services
Katherine Disbrow, Schuyler Hospital Alcohol Clinic Director
Ruth Helfenstine, Neighborhood Justice Project
Alice Quinata, Probation Department
John McGuire, Odessa-Montour Central School
Ed LoPresti, Odessa-Montour Central School
Harriet McCormick, Watkins Glen Middle School
Nancy Loughlin, Watkins Glen High School
Charles Medalie, Watkins Glen High School
Mary Hoover, Department of Social Services
Betty Underdown, Cornell Cooperative Extension
Barbara Fisher, Bradford Central School
Thomas Scherer, Bradford Central School
Marilyn Sokira, Bradford Central School
Toni Hirtler, Economic Opportunity Program
Michelle Gimbar, Mental Health Clinic
Gil Weakland, Elmira Psychiatric Center
June VanSkytis, Schuyler Hospital Alcohol Clinic
Kimberly Herrick, Schuyler Hospital Alcohol Clinic
Debra Simpson, Neighborhood Justice Project
Virginia Beebe, Literacy Volunteers
VOTE: Passed 8-0.
RESOLUTION NO. 302 Motion by Smith, second by Fitzsimmons.
RE: DECLARE VAN SURPLUS - OFFICE FOR THE AGING
WHEREAS, the Schuyler County Office for the Aging owns a 1986 Chevrolet Van which needs more mechanical work than is feasible.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Human Services Committee, the Schuyler County Legislature has determined that the 1986 Chevrolet Van, Vehicle Identification Number 2GAFG35L7G4122709, at the Office for the Aging is no longer needed for public use, pursuant to Section 215 of County Law and declared surplus, and
BE IT FURTHER RESOLVED, that Schuyler County will discontinue the insurance on said vehicle and return the plate to the Department of Motor Vehicle.
VOTE: Passed 8-0.
RESOLUTION NO. 303 Motion by Smith, second by Fitzsimmons.
RE: AUTHORIZE PURCHASE OF ROOM DIVIDERS/CREATE LINE ITEM AND TRANSFER FUNDS - DSS
BE IT RESOLVED, that the Department of Social Services be authorized to purchase 5 room dividers for the offices in the new addition at an approximate cost of $109 each and 10 pedestal feet at $10 each, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to establish a new equipment line item in the Department of Social Services budget, account no. 6010.279 for room dividers, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer the following amounts to the appropriate accounts:
$129.28 from 6010.250 Overhead Projector to 6010.279
48.26 from 6010.252 Paper Shredder to 6010.279
464.46 from 6010.204 Car to 6010.279
$642.00 TOTAL
VOTE: Passed 8-0.
RESOLUTION NO. 304 Motion by Smith, second by Fitzsimmons.
RE: DECLARE VEHICLE SURPLUS/AUTHORIZE ADVERTISEMENT FOR BIDS - DSS
BE IT RESOLVED, upon recommendation of the Human Services Committee, the Schuyler County Legislature has determined that the 1989 Chevrolet Cavalier Station Wagon, Vehicle Identification Number 161JC8117KJ252078 which belongs to the Adult Services Unit of the Department of Social Services, is no longer needed for public use, pursuant to Section 215 of County Law and declared surplus, and
BE IT FURTHER RESOLVED, that the Department is hereby authorized to advertise the above surplus vehicle for sale by bid. Bids to be opened September 16, 1994 at 1:30 p.m. at the Human Services Committee meeting.
VOTE: Passed 8-0.
RESOLUTION NO. 305 Motion by Smith, second by Fitzsimmons.
RE: BUDGET AMENDMENT - YOUTH BUREAU
WHEREAS, 50 youth instead of the originally scheduled 45 youth will be enrolled in the Summer Youth Employment and Training Program (SYETP).
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to add $7,837 to Youth Bureau account nos. 7310.0187 and 7310.0587.
VOTE: Passed 8-0.
RESOLUTION NO. 306 Motion by Young, second by Burnside.
RE: AMEND YOUTH BUREAU SDPP APPLICATIONS
WHEREAS, Schuyler Hospital recently implemented a PCAP (Prenatal Care Assistance Program) program that enrolled 70 clients during the first year of operation, and
WHEREAS, 21.4% of infants (less than 1 year old) and children (1-4 years old) in Schuyler County received Special Supplemental Food Program for Women, Infants and Children (WIC) and Supplemental Nutrition Assistance Program (SNAP) in fiscal year 1988 according to the New York State Department of Health, Bureau of Nutrition, and
WHEREAS, the New York State Department of Health, Bureau of Production Systems Management, Vital Statistic Section in 1990 revealed that in Schuyler County 11.1% of 15-17 year old mothers and 12% of 18-19 year old mothers received late (began within the last three months of pregnancy) or no prenatal care, and
WHEREAS, Schuyler County's teenage pregnancy rate has for the last 10 years been one of the highest in New York State, and
WHEREAS, Schuyler County Department of Social Services lists as its number one need for children and youth, the problems of child abuse/neglect and teenage pregnancy, and
WHEREAS, the Schuyler County Youth Bureau's application for 1994 funding for New York State Division for Youth (DFY) Special Delinquency Prevention Program (SDPP) has been amended to allocate funds to CASA to fight child abuse and neglect.
NOW, THEREFORE, BE IT RESOLVED, that the remainder of the 1994 SDPP funds, $5,583, be allocated to Schuyler Hospital for a HiTops Program for the prevention of teenage pregnancy.
VOTE: Passed 8-0.
RESOLUTION NO. 307 Motion by Young, second by Burnside.
RE: ADOPT GUIDELINES FOR USE OF THE RURAL URBAN CENTER
WHEREAS, it has come to the attention of this Legislature that Rules concerning the use of the Rural Urban Center need revisions to meet the needs of these times.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature establish the attached guidelines for use of the Rural Urban Center, effective immediately upon adoption of the resolution, and to supersede all other established rules.
VOTE: Passed 8-0.
RESOLUTION NO. 308 Motion by Young, second by Burnside.
RE: AUTHORIZATION TO ENTER INTO LICENSE AGREEMENT WITH THE VILLAGE MARINA FOR TEMPORARY USE OF A PORTION OF SENECA HARBOR PARK FOR SEASONAL BOAT STORAGE
WHEREAS, the Village Marina provides certain marine recreation and related services within Seneca Harbor Park pursuant to a lease agreement between the County and the Schuyler County Industrial Development Agency, and
WHEREAS, the lands available for use by the Village Marina pursuant to said lease are not adequate to meet the seasonal boat storage requirements of marina uses, and
WHEREAS, the easterly-most portion of the public parking area in Seneca Harbor Park is rarely used during cold weather.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the granting of a license agreement to the Village Marina for the seasonal storage of boats during the October 15, 1994-June 15, 1995 period wherein the County of Schuyler will receive 10% of revenues and authorizes the Chairman to execute said license agreement; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 309 Motion by Young, second by Burnside.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS - CONSTRUCTION OF COUNTY PARKING LOT
BE IT RESOLVED, that the Clerk of this Legislature be, and hereby is, authorized to advertise for bids to contract out for parking lot construction in accordance with specifications filed in the Office of the Clerk of the Legislature, Court House, Franklin Street, Watkins Glen, NY or in the office of Peter Demjanec Architect and Associates, 120 Brindley Street, Ithaca, New York, and
BE IT FURTHER RESOLVED, bids will be opened at a Special Buildings and Grounds Committee Meeting on September 28, 1994; prospective bidders may attend a tour of the project site with the date, time and place to be included in the specifications.
VOTE: Passed 8-0.
RESOLUTION NO. 310 Motion by Burnside, second by Smith.
RE: AUTHORIZE PURCHASE OF GENERATOR AND TRANSFER OF FUNDS
WHEREAS, the Office of Emergency Management provides radio communications for Emergency Services, and
WHEREAS, the generator at the Emergency Operations Center is inoperative.
WHEREAS, there is $4,000 available toward the purchase of a generator in acct. no. 3689.200
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the purchase and installation of a new generator at a cost not to exceed $5,500, upon the agreement of the Director of Emergency Management, the Department Head of Buildings and Grounds, and the Sheriff on a new generator that fulfills the needs of all, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer funds for this purchase in the amount of $1,500 from acct. no. 1620.490 to acct. no. 3689.200 to cover the cost of the generator.
VOTE: Passed 8-0.
RESOLUTION NO. 311 Motion by Burnside, second by Smith.
RE: AUTHORIZE COPIER LEASE AGREEMENT - SHERIFF'S DEPARTMENT
BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign a term lease agreement for a Xerox copier at a cost of $192.76 per month for 36 months for the Sheriff's Department as provided for in the 1994 budget; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 312 Motion by Burnside, second by Smith.
RE: DECLARE VEHICLE SURPLUS - SHERIFF'S DEPARTMENT
WHEREAS, the Schuyler County Sheriff has seized a 1980 Jeep Wagoneer under the Drug Forfeiture Laws, and
WHEREAS, over two years have passed since the seizure and the Sheriff has no use for the vehicle.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Safety Committee, the Schuyler County Legislature has determined that the 1980 Jeep Wagoneer at the Sheriff's Department is no longer needed for public use, pursuant to Section 215 of County Law and declared surplus and sold according to Schuyler County procedures.
VOTE: Passed 8-0.
RESOLUTION NO. 313 Motion by Burnside, second by Smith.
RE: CONTRACT - STEUBEN-ALLEGANY BOCES FOR PRESCHOOL SPECIAL EDUCATION UNDER SECTION 4410 OF THE EDUCATION LAW
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Steuben-Allegany B.O.C.E.S. to provide services to preschool handicapped children placed in its preschool program under Section 4410 of the Education Law from 7/1/94 through 6/30/95, at a rate to be set by the NYS Education Department; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 314 Motion by Young, second by Halpin.
RE: CONTRACT RENEWAL - KENNETH F. FIELD FOR PRESCHOOL SPECIAL EDUCATION CONSULTING SERVICES
WHEREAS, Kenneth F. Field has been providing preschool special education consulting services to the county at the rate of $3,000 per year since 1989, and
WHEREAS, these services include representing the county at CPSE meetings and acting as the Early Intervention Designee at IFSP meetings, and
WHEREAS, the time involved in providing these services has increased by at least 50% since 1989,
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Kenneth F. Field for preschool special education consulting services at the rate of $3,600 per year from 8/1/94 through 7/31/95; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 315 Motion by Young, second by Halpin.
RE: ADJUST BUDGET FOR $8,000 INCREASE IN IMMUNIZATION GRANT
WHEREAS, Schuyler County's Immunization Grant has been increased from $5,000 to $13,000 from January 1, 1994 through December 31, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget be adjusted as follows:
+ $552 4010.100-4004 Personnel
+$4,500 4010.208-4004 Computer Equipment
+ $438 4010.400-4004 Contractual Expense
+ $200 4010.433-4004 Postage
+$1,000 4010.440-4004 Travel
+$1,310 4010.489-4004 Fringe Benefits
+$8,000 TOTAL
+$8,000 4010.3401-4004 Grant Revenue
VOTE: Passed 8-0.
RESOLUTION NO. 316 Motion by Young, second by Halpin.
RE: AUTHORIZE HIRING CIVIL SERVICE SECRETARY WITH PERSONNEL DUTIES TRAINEE AND FUND SALARY
WHEREAS, it is the recommendation of the Civil Service Commission that a person be hired to work with Margaret Jensen prior to her retirement on August 26, 1994, and
WHEREAS, the Administrative Committee is in agreement with this recommendation.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve hiring a Civil Service Secretary with personnel duties trainee at the rate of $13.6836 per hour and does authorize the transfer of the necessary amount from Contingency account no. 1990 to account no. 1430.1 to cover the salary for this position as needed.
DISCUSSION: Legislator Hastings felt the Civil Service/Personnel Office duties should be re-arranged and urged the Legislature to look at restructuring same. Legislator Halpin felt the arrangement is workable, however there have been, among other things, personnel changes in that office which have made the situation more difficult. It was noted that personnel duties was not indicated in the resolution. Legislator Smith asked why advertisement for the position is being done if the Civil Service Commission ultimately makes the appointment of Executive Secretary. Legislator Halpin advised that although the Civil Service Commission has the authority to hire the Executive Secretary, since the Legislature added personnel duties to the position, the Commission wanted to work cooperatively with the county. Margaret Jensen recommended that the position remain the same with both Civil Service and personnel duties. There was lengthy discussion on the duties of that office. MOTION by Young, SECOND by Fitzsimmons to add personnel duties to the title and body of the resolution. The sponsors agreed to the addition. After further discussion, Legislator Young "called for the question".
VOTE: Passed 5-3. Noes: Smith, Hastings & Karius.
RESOLUTION NO. 317 Motion by Young, second by Halpin.
RE: RESOLUTION OF COMMENDATION AND GRATITUDE TO MARGARET A. JENSEN, EXECUTIVE SECRETARY TO CIVIL SERVICE/PERSONNEL DIRECTOR FOR HER VALUED SERVICE TO SCHUYLER COUNTY
WHEREAS, Margaret A. Jensen will retire from her position of Executive Secretary to the Civil Service Commission and Personnel Director of Schuyler County, effective August 26, 1994, and
WHEREAS, the Schuyler County Legislature, as representative of the County, wants to express its gratitude and the appreciation of the County at large for her dedication and outstanding service.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature acknowledges Mrs. Jensen's exceptional commitment to duty, and sincerely thanks her for her extensive and ardent service to Schuyler County.
We recognize that she served in three major capacities within the county's administrative structure, two of which were simultaneous. Along with her position of Executive Secretary she was Purchasing Agent for the County for a period of time, and subsequently assumed the role of Personnel Director.
During her fifteen-year tenure as Executive Secretary, she performed her duties with such efficiency and distinction that she received favorable audits from the State Department of Civil Service consistently.
The Civil Service Commissioners found her to be a competent and complete source of information regarding Civil Service transactions and changes, and they greatly relied on her.
She was the liaison between the Commission and the Legislature and provided valuable information to the Legislature to assist in the decision-making process.
Peg held numerous meetings with department personnel, town and village boards, and school officials, frequently on her own time, to enhance their understanding and utilization of Civil Service laws and procedures. She received high marks in the area of public relations!
In spite of her very busy schedule, her door was always open to individual employees to discuss Civil Service matters pertaining to their respective situations.
She faithfully arranged and administered Civil Service tests, including continuous recruitment exams. Her enduring goal was to provide the County with the best qualified candidates for vacant positions.
As Purchasing Agent, Peg reduced expenditures for county departments (and ultimately for taxpayers) through wise purchasing practices, and accurate accounting measures.
She accepted the the many-faceted duties of Personnel Director with her usual zeal. Peg demonstrated her customary energy and enthusiasm in assimilating the duties and responsibilities of this new venture.
As a representative of a sympathetic community, Mrs. Jensen ministered to grieving families, following the heart-rending tragedy in our County. We are also grateful for this labor of love.
BE IT FURTHER RESOLVED, that this Legislature conveys its gratitude to Mrs. Jensen for the extent of her devotion, which frequently exceeded any requirements of duty, and for her myriad accomplishments in the service of Schuyler County.
The Legislature also joins the chorus of others in wishing that you have a happy and fulfilling retirement, Peg. Although your uplifting presence and contribution to County government will be greatly missed, we are pleased that your retirement will provide more leisure time, permit you to pursue other interests, and enable you to spend more quality time with family members, especially Bob.
We wish you Godspeed!
VOTE: Passed 8-0.
PUBLIC HEARING - LOCAL LAW NO. 4 OF THE YEAR 1994 - 7:29 P.M.: There was no public comment and the meeting continued with the agenda at 7:31 p.m.
RESOLUTION NO. 318 Motion by Halpin, second by Smith.
RE: AUTHORIZE TRANSFER OF FUNDS - COUNTY CLERK
WHEREAS, the Schuyler County Clerk has $500.00 in account no. 1410.202 for the purchase of an air conditioner and it is not necessary to purchase one at this time, and
WHEREAS, the Schuyler County Clerk is in need of a drum for the copy machine and there are insufficient funds in account no. 1410.426-maintenance of equipment.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $500 from County Clerk account no. 1410.202 to account no. 1410.426 for the above-referenced purchase.
VOTE: Passed 8-0.
RESOLUTION NO. 319 Motion by Halpin, second by Smith.
RE: AUTHORIZE AGREEMENT WITH THE TOWNS FOR MICROFILM PROJECT
WHEREAS, the County has heretofore applied for and been awarded grant funds for the cooperative microfilm project within the County and the Towns of Cayuta, Dix, Orange and Reading.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign agreements relative to the Local Government Records Management Improvement Fund microfilm project with the aforementioned towns; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 320 Motion by Halpin, second by Smith.
RE: AUTHORIZE CONTRACT WITH NYSID - RECORDS MANAGEMENT
WHEREAS, the County has received grant funds from the Local Government Records Management Improvement Fund for a cooperative microfilm project within the County and participating towns, and
WHEREAS, Steuben ARC will be providing microfilm services for the project at $.03 per image, as a preferred source under the auspices of New York State Industries for the Disabled (NYSID).
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a one-year contract with NYSID for microfilm services through Steuben ARC for the microfilm project during the 1994-95 grant cycle; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 321 Motion by Halpin, second by Smith.
RE: LOCAL LAW NO. 4 OF THE YEAR 1994
WHEREAS, a proposed Local Law superseding County Law Section 214(2) regarding publication of Local Laws was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held on August 8, 1994 considering its adoption, 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 said Local Law, a true copy of which is annexed hereto, 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 No. 4 of the year 1994 together with the full text thereof in the official county newspaper as required by law.
A Local Law superseding County Law Section 214(2) regarding publication of local laws.
Section 1. Purpose and Intent
The County Legislature of the County of Schuyler intends by this Local Law to supersede the provisions of County Law Section 214(2), which requires that a true copy of each Local Law be published in the official newspaper at least once a week for two successive weeks. In order to reduce cost, this Legislature desires that the publication of the full text of each Local Law be discontinued, and replaced with only that detail necessary to insure that the public remains fully informed. This Local Law is adopted pursuant to Article IX of the Constitution of the State of New York, as interpreted in 92 Opinions of the Attorney General 1, and elsewhere.
Section 2. Publication Requirements
Upon the adoption of each Local Law of the County of Schuyler, the Clerk of the Legislature shall cause the publication once in the official newspapers of the County of the notice of the adoption of said Local Law and an abstract of the provisions thereof. Said notice shall include the location and availability of a copy of the actual text of each Local Law. This publication shall be in lieu of that required by County Law Section 214(2), which is hereby expressly superseded by this Local Law.
Section 3. Effective Date
This Local Law shall take effect immediately.
VOTE: Passed 7-1. No: Hastings.
RESOLUTION NO. 322 Motion by Smith, second by Young.
RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN RECORDS MANAGEMENT GRANT ACCEPTANCE FORM AND ALL RELATIVE REPORTS
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign the LGRMIF grant acceptance forms, retroactive to July 1, 1994, and all related form(s)/reports, subject, if necessary to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to increase appropriations and estimated revenues in the amount of $83,094 for the Cooperative Grant and $42,874 for the Individual Storage Grant.
VOTE: Passed 8-0.
RESOLUTION NO. 323 Motion by Smith, second by Young.
RE: AUTHORIZE PURCHASE OF CHAIR/TRANSFER OF FUNDS - CIVIL SERVICE
WHEREAS, the present Executive Secretary/Personnel Director has submitted her resignation, and
WHEREAS, the secretarial chair in that office is her personal chair.
NOW, THEREFORE, BE IT RESOLVED, that the Civil Service/ Personnel Office be authorized to purchase a new chair in the amount of $139.00, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $139.00 from Civil Service account no. 1430.429-Medical Supplies to account no. 1430.200-Equipment.
VOTE: Passed 8-0.
RESOLUTION NO. 324 Motion by Smith, second by Young.
RE: FILL STAFF SOCIAL WORKER POSITION - MENTAL HEALTH
WHEREAS, a vacancy exists in a Staff Social Worker position at the Schuyler County Mental Health Clinic, and
WHEREAS, the funding for this position is supported by State Aid and Revenues and represents no cost to the County, and
WHEREAS, Resolution #366-85 requires legislative approval to fill a position which has been vacant more than 90 days.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services to advertise and fill such position, Grade XXVIII, salary of $25,874 for 1994, effective immediately. It is understood that this position will continue as long as the 100% State funding continues.
DISCUSSION: Legislator Burnside felt that if the position was of no cost to the county, then the wording "increase in" was not necessary. The sponsors agreed to eliminate the words "increase in".
VOTE: Passed 8-0.
RESOLUTION NO. 325 Motion by Smith, second by Young.
RE: SCHUYLER COUNTY MENTAL HEALTH ASSOCIATION - MENTAL HEALTH
WHEREAS, there is an ongoing need to provide prevention, education and advocacy programs in Schuyler County, and
WHEREAS, the Schuyler County Community Services Board, at its July 20th meeting passed a motion to support the development of this agreement, and
WHEREAS, funding is available through NYS Office of Mental Health to support prevention, education and advocacy activities in the County, with no cost to the County.
NOW, THEREFORE, BE IT RESOLVED, this Legislature hereby authorizes the Chairman of the Legislature to execute an agreement with the Schuyler County Mental Health Association for the provision of prevention, education and advocacy programs in Schuyler County in an amount not to exceed $5,000.00 effective immediately until December 31, 1994; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to create an account number 4322.360 for this contract agency and transfer $5,000.00 from account no. 4310.100 to fund the new account.
DISCUSSION: Legislator Halpin said, since this is a new contract agency, she would like a report at the end of the year to see how the programs are working out. She would like this to be done on the next resolution also. All Legislators were in consensus and the Chairman of the Legislature was directed to write a letter to both agencies requesting them to participate in the year end annual report process reporting on their projects. Both letters to be copied to Duane Spilde.
VOTE: Passed 8-0.
RESOLUTION NO. 326 Motion by Young, second by Burnside.
RE: SCHUYLER COUNTY CHILD ABUSE TASK FORCE AGREEMENT - MENTAL HEALTH
WHEREAS, there is an ongoing need to promote child, youth and family mental health through prevention and education programs supporting awareness of abuse in Schuyler County, and
WHEREAS, the Schuyler County Community Services Board at its July 20th meeting passed a motion to support the development of this agreement, and
WHEREAS, funding is available through NYS Office of Mental Health to support prevention, consultation and education activities in the County, with no cost to the County.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Chairman of the Legislature to execute an agreement with the Schuyler County Child Abuse Task Force, Inc. to promote child, youth and family mental health through prevention and education program supporting awareness of abuse in Schuyler County in an amount not to exceed $5,000 for 1994, effective immediately; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to create an account number 4322.359 for this contract agency and transfer $5,000.00 from account no. 4310.100 to fund the new account.
VOTE: Passed 8-0.
RESOLUTION NO. 327 Motion by Young, second by Burnside.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS - 121
PART-TIME ADMINISTRATIVE POSITIONS - 55
FULL-TIME HIGHWAY POSITIONS - 17 PART-TIME HIGHWAY POSITIONS - 4
FULL-TIME SHERIFF DEPUTIES - 26 PART-TIME SHERIFF DEPUTIES - 23
APPOINTMENTS:
EFFECTIVE
NAME TITLE DEPARTMENT DATE SALARY TYPE
POTTER, Beverly Typist Social Svcs. 6/14/94 13,545 Perm
LAUGHLIN, S. Payroll Clerk Treasurer 7/11/94 15,609 Perm
DRUMHELLER, Staff Social Mental Health 7/1/94 25,874 Perm
David Worker
GIMBAR, Michele Staff Social Mental Health 7/18/94 25,874 Perm
Worker
FOLNSBEE, Soc. Welfare Social Svcs. 7/18/94 16,641 Perm
Bonnie Examiner
PALADINO, G. Meal Deliv. OFA 7/11/94 6.8183 Lbr
SPIEGEL, Data Entry Mental Health 7/25/94 14,921 Prov
Christi Mach. Operator
WHITNEY, Nancy Staff Social Mental Health 7/5/94 25,874 Prov
NELSON, Susan Sr. Social Social Svcs. 7/4/94 17,945 Prov
Welf. Examiner Prom
NAME TITLE DEPARTMENT DATE
TEMPORARY:
CROUT, Steven C. Laborer Highway 7/5/94
STARK, Sheral Youth Employment Youth Bureau 6/30/94-
Training Coord. 8/31/94
HAGADORN, Thomas Laborer Highway 7/6/94
REKCZIS, William Laborer Highway 7/19/94
LEAVES OF ABSENCE:
GIMBAR, Michele Staff Social Mental Health 7/7/94-
(Maternity) Worker 10/94
MURPHY, Patsy Sr. Data Entry Social Svcs. Extended
Operator to 9/6/94
O'KANE, Richard Motor Equip. Opr. Highway 7/4/94
(Return from Worker's Comp.)
OTHER:
STRONG, Linda L. Records Manager County Clerk 7/1/94
(Change in salary to $8.4967/Hr.)
RESIGNATIONS:
BARRON, Diana Data Entry Operat. Mental Health 7/8/94
REMOVAL:
AMEIGH, Lee Meal Deliverer OFA 6/24/94
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 7-1. No: Hastings.
RESOLUTION NO. 328 Motion by Young, second by Burnside.
RE: SET HOME HEALTH AGENCY RATE FOR MEDICAL SOCIAL WORKER VISITS
WHEREAS, the Home Health Agency has recently contracted for social worker services for the first time in several years, and
WHEREAS, the Home Health Agency maximizes its reimbursement rates from Medicare and Medicaid when the visit rates it charges exceed the cost of the visits, and
WHEREAS, people who do not have Medicare or Medicaid and who cannot afford the Home Health Agency rates can apply for reduced fees based on their income.
NOW, THEREFORE, BE IT RESOLVED, that the Home Health Agency set a rate of $85 per visit for Medical Social Worker services.
VOTE: Passed 7-1. No: Hastings.
RESOLUTION NO. 329 Motion by Young, second by Burnside.
RE: ADVERTISE FOR BIDS FOR PRESSURE TREATED TIMBERS
WHEREAS, Resolution No. 138-94 authorized advertisement for pressure treated timbers for the Seneca Harbor Park seawall project, and
WHEREAS, said advertisement was made and one bid received but the work was unable to be done until August, and
WHEREAS, the Buildings & Grounds Committee recommends re-advertising for bids on this product.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does approve the Purchasing Division advertising for competitive bids for pressure treated timbers, and
BE IT FURTHER RESOLVED, that the bids shall be accepted until 5:00 p.m. on Thursday, August 25, 1994, and opened at the Buildings & Grounds Committee meeting at 9:00 a.m. on Friday, August 26, 1994 in the Civil Defense Conference Room.
VOTE: Passed 8-0.
RESOLUTION NO. 330 Motion by Young, second by Smith.
RE: ADOPTION OF SCHUYLER COUNTY SOLID WASTE MANAGEMENT PLAN
WHEREAS, the Schuyler County Solid Waste Management Task force and the Schuyler County Department of Planning and Economic Development have prepared an integrated solid waste management plan, and
WHEREAS, the Schuyler County Department of Planning and Economic Development's intent is to develop a viable solution to its solid waste management needs by preparing the Plan in accordance with the provisions of ECL 27-0107.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the integrated solid waste management plan prepared by the Schuyler County Department of Planning and Economic Development and the Solid Waste Management Task Force dated August 8, 1994 and entitled "Solid Waste Management Plan for Schuyler County", and will implement such solid waste management programs, projects and plans as identified in the recommendation of said plan as the local integrated solid waste management plan in effect for the County, and
BE IT FURTHER RESOLVED, that the Schuyler County Recycling/Solid Waste Coordinator will provide the NYS Department of Environmental Conservation with reports displaying compliance with the action items and schedules contained in the plan no later than March 1, 1995 and no later than March 1st every two years thereafter, and
BE IT FURTHER RESOLVED, that the Recycling/Solid Waste Coordinator will submit modifications to the plan to the NYS Department of Environmental Conservation for approval whenever there is a revision to the Department approval plan which is initiated by the Department of Planning and Economic Development, or by request of the Department, due to a significant solid waste issue that was not identified at the time of plan approval, and
BE IT FURTHER RESOLVED, that the Recycling/Solid Waste Coordinator will submit updates to the plan to the NYS Department of Environmental Conservation every two years in accordance with the provisions of the Department approval and will update the Comprehensive Recycling Analysis Report every three years with the provision of the Department approval.
VOTE: Passed 8-0.
RESOLUTION NO. 331 Motion by Young, second by Smith.
RE: FINGER IMAGING OF HOME RELIEF RECIPIENTS
WHEREAS, the New York State Legislature has passed legislation requiring 12 counties to implement a finger imaging program for Home Relief recipients at 100% state funding, and
WHEREAS, New York State Department of Social Services Commissioner has the authority to approve the implementation of finger imaging programs in the remaining districts at the normal reimbursement rate of 50% state, 50% local, and
WHEREAS, New York State Department of Social Services plans to issue one statewide request for proposals for the implementation of the 12 mandated counties' project by mid-August that could be expanded to include other interested counties, and
WHEREAS, while finger imaging welfare clients is controversial, the purpose is to deter fraud by identifying clients who are receiving home relief benefits to which they are not entitled using up-to-date technology, and
WHEREAS, the more counties that are involved in the project the larger the data base for comparisons will be and the lower the implementation cost should be, and
WHEREAS, counties who do not implement finger imaging at this time may leave themselves vulnerable to increased fraudulent behavior.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does endorse the concept of finger imaging of home relief recipients for the purpose of deterring welfare fraud as long as the process is conducted in a manner that does not demean or deter eligible recipients from applying, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to send a letter to New York State Department of Social Services' Commissioner, Michael Dowling, requesting that Schuyler County be included in the RFP for the finger imaging project at the 50% state, 50% local funding level with the understanding that inclusion at this time does not totally commit the County to implement if the cost, as determined by the response to the RFP, exceeds $5,000, $2,500 to be the local share, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature will support NYSAC's lobbying efforts to expand 100% funding of this program for all counties.
VOTE: Passed 8-0.
RESOLUTION NO. 332 Motion by Young, second by Smith.
RE: REQUEST TO DELAY CONGRESSIONAL VOTE ON GATT
WHEREAS, the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) mandates the replacement of GATT with a now international trade organization to be called the World Trade Organization (WTO) which will exist as an international body to govern world trade without democratic process or representation, and
WHEREAS, the Uruguay Round of the General Agreement on Tariffs and Trade additionally mandates that the United State Federal Government must bring all state and local laws and regulations setting standards above the federal level into conformance with the federal level, and
WHEREAS, state and local laws and regulations which are not brought into conformance with equivalent federal standards may be regarded as "technical barriers to trade", and
WHEREAS, disputes concerning state and local laws which are challenged by foreign governments or multinational corporations as technical barriers to trade will be resolved by a dispute resolution panel consisting of three people which will meet in secret in Geneva, Switzerland as part of the newly created WTO, without requirement for public hearings or public testimony and before which state and local governments will have no legal standing even though their laws are being challenged, and
WHEREAS, this pre-emption of the authority of local legislatures to govern themselves in a democratic way UNDERMINES THE PRINCIPLE OF LOCAL DEMOCRATIC GOVERNMENT, upon which the federal system of government in the United State is based, and
WHEREAS, in summary, GATT may represent a flawed policy for the development of the U.S. economy and severely limit state and local governments ability to pass legislation to develop and prosper their own economies and to protect their consumers and their environment,
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby request the U.S. Senators and Congressmen representative of the State of New York to, at a minimum, delay the vote on GATT in the Congress of the United States until a free and open public debate is held on the issues, and
BE IT FURTHER RESOLVED, that the Legislature expresses its deep concerns to President Clinton as he formulates economic policies for his administration, about the future of workers' jobs and farmers' incomes in New York State and across America, and
BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to the entire congressional delegation from New York State, the House and Senate Majority and Minority Leaders.
DISCUSSION: Legislator Smith stated he would be abstaining as he felt an international effort such as this is not the county's business. Legislator Hastings advised she, too, would be abstaining, since she was not sure of all the ramifications towards the farmers.
VOTE: Passed 6-0. Abstentions: Smith & Hastings.
RESOLUTION NO. 333 Motion by Young, second by Smith.
RE: APPOINTMENT TEMPORARY CLERICAL HELP - COUNTY CLERK
WHEREAS, the Motor Vehicle Supervisor and a Motor Vehicle Clerk in the Schuyler County Clerk's office, will be on medical leave of absence in September, possibly for several weeks, and
WHEREAS, the County Clerk's office needs temporary help to carry out the duties of the office until such time as these employees are able to return to work.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County Clerk to hire temporary clerical help as needed and to terminate upon the return of these two employees or in accordance with the Civil Service Rules, and
BE IT FURTHER RESOLVED, that the salary for this temporary clerical help will be funded from the County Clerk's Personnel account no. 1410.100 and the cost will not exceed $10.00 per hour.
VOTE: Passed 8-0.
RESOLUTION NO. 334 Motion by Smith, second by Young.
RE: YOUTH BUREAU DIRECTOR DESIGNATED RUNAWAY & HOMELESS YOUTH PROGRAM COORDINATOR
WHEREAS, in order to access New York State Division for Youth (DFY) Runaway & Homeless Youth Act (RHYA) funds a RHYA Coordinator must be appointed, and
WHEREAS, DFY recommends that the Coordinator be employed by the County Youth Bureau, and
WHEREAS, the present Schuyler County Youth Bureau Director served in that capacity for several years, and
WHEREAS, extra monies presently exist in the DFY administrative account (94440010B001) for 1994 for Schuyler County, and
WHEREAS, extra monies presently exist in the County's RHYA account (7310.0562) for 1994.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau Director be appointed as the Schuyler County RHYA Coordinator as part of the position as Schuyler County Youth Bureau Director, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign all the necessary County and State documents for this appointment.
VOTE: Passed 8-0.
RESOLUTION NO. 335 Motion by Smith, second by Young.
RE: SET SPECIAL MEETING DATE
BE IT RESOLVED, that a Special Meeting of the Schuyler County Legislature be held on the 1st day of September, 1994 at 3:00 p.m. in the Civil Defense Conference Room in the basement of the Sheriff's Department, Tenth Street, Watkins Glen, NY for the sole purpose of reviewing purchase offers on tax auction properties.
VOTE: Passed 8-0.
RESOLUTION NO. 336 Motion by Smith, second by Young.
RE: AUTHORIZE APPLICATION FOR APPALACHIAN REGIONAL COMMISSION FUNDING
WHEREAS, Schuyler County along with various units of government within the county have been meeting to discuss the possibility of the county acquiring a professional staff person to act as a coordinator of efforts within our Planning Office to improve the management efficiency of each unit of local government and cooperation between governments, and
WHEREAS, there is an Appalachian Regional Commission grant available to assist in funding this study.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the grant application for Appalachian Regional Commission grant funds.
DISCUSSION: There were concerns raised over the duties and type of position being promoted. It was noted that there would be a meeting with William Hess on this Wednesday at 10:00 a.m.
VOTE: Passed 5-3. Noes: Hastings, Karius & Franzese.
RESOLUTION NO. 337 Motion by Smith, second by Young.
RE: AMEND MANAGEMENT LEVEL SALARY PLAN
WHEREAS, the Administrative Committee has continued work on the Management Level Salary Plan, and
WHEREAS, it is that committee's recommendation that the Plan be amended by the addition of the attached information.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby amend the Management Level Salary Plan, dated July 1, 1994, as recommended by the Administrative Committee and that these additions shall be distributed as an addendum until such time as the plan is reprinted.
1. ADD TO PAGE 22:
DIRECTOR OF VETERANS SERVICES B
2. ADD TO COMPENSATION UPON REALLOCATION - PAGE 3:
The criteria to be used in setting the salary of an employee allocated upward shall be as follow:
From union status to Management:
Minimum for grade or minimum plus 2-6% of minimum for knowledge, experience, etc.
Management - Elevation of one labor grade:
If salary