ORGANIZATIONAL MEETING
JANUARY 3, 1995
The January 3, 1995 Organizational Meeting of the Schuyler County Legislature was called to order at 9:05 a.m. by Gail M. Willis, 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 except for Legislator Fitzsimmons. County Attorney Coleman was also present.
PUBLIC PARTICIPATION - 9:13 P.M.: Tom Ryan said we have a tough year coming up and he wishes us the best of luck. Public Participation concluded at 9:15 a.m.
MOTION by Halpin, SECOND by Young to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1995.
RESOLUTION NO. 1 Motion by Burnside, second by Young.
RE: CLOSE NOMINATIONS - 1995 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE - FAILED
BE IT RESOLVED, that nominations for the 1995 Chairperson of the Schuyler County Legislature be closed.
Vote: Failed 4-3. (Noes: Hastings, Karius, Smith).
RESOLUTION NO. 2 Motion by Halpin, second by Young.
RE: RE-OPEN NOMINATIONS FOR 1995 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1995 Chairperson of the Schuyler County Legislature be re-opened.
Vote: Passed 5-2. (Noes: Hastings, Smith).
MOTION by Halpin, SECOND by Young to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1995.
RESOLUTION NO. 3 Motion by Halpin, second by Young.
RE: CLOSE NOMINATIONS - 1995 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1995 Chairperson of the Schuyler County Legislature be closed.
Vote: Passed 6-1. (No: Hastings).
RESOLUTION NO. 4 Motion by Halpin, second by Burnside.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1995
BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1995.
Vote: Passed 6-1. (No: Smith).
RESOLUTION NO. 5 Motion by Smith, second by Karius.
RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 1995
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 1995, 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 7-0.
RESOLUTION NO. 6 Motion by Halpin, second by Karius.
RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER
BE IT RESOLVED, that "The Watkins Review & Express" weekly newspaper within Schuyler County, be designated as the legal County paper to publish resolutions, election notices, official canvass and other notices.
Vote: Passed 7-0.
RESOLUTION NO. 7 Motion by Burnside, second by Young.
RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS
BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts:
FLEET BANK, N.A.
Watkins Glen Office
401 N. Franklin Street
Watkins Glen, NY 14891
$3,000,000.00
MARINE MIDLAND BANK, N.A.
Watkins Glen Office
Franklin at Eight Street
Watkins Glen, NY 14891
$3,000,000.00
CHEMUNG CANAL TRUST COMPANY
Montour Falls or Watkins Glen 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 7-0.
RESOLUTION NO. 8 Motion by Halpin, 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; August 8, 1994 and October 11, 1994 be conformed to.
Vote: Passed 7-0.
RESOLUTION NO. 9 Motion by Karius, second by Young.
RE: APPOINTMENT - PUBLIC DEFENDER FOR 1995
BE IT RESOLVED, that James Halpin be appointed Public Defender for a one-year term commencing January 1, 1995 and terminating December 31, 1995.
Vote: Passed 6-0. (Abstention: Halpin).
RESOLUTION NO. 10 Motion by Smith, second by Burnside.
RE: APPOINTMENT - BUDGET OFFICER FOR 1995
BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 1995.
Vote: Passed 7-0.
RESOLUTION NO. 11 Motion by Burnside, second by Young.
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 1995.
Vote: Passed 7-0.
RESOLUTION NO. 12 Motion by Young, second by Smith.
RE: APPOINTMENT - CHIEF CORONER FOR 1995
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 1995, at an additional stipend of $1,000 for administrative duties to be paid quarterly at the rate of $250.00 per quarter.
Vote: Passed 6-0. (Abstention: Franzese).
RESOLUTION NO. 13 Motion by Young, second by Burnside.
RE: TRAVEL REIMBURSEMENT (MILEAGE) FOR 1995
BE IT RESOLVED, 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.
Vote: Passed 7-0.
RESOLUTION NO. 14 Motion by Young, second by Karius.
RE: SCHEDULE OF SALARIES FOR 1995
BE IT RESOLVED, that the Schedule of Salaries for 1995 (on file) be adopted, effective January 1, 1995, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 1995 Salary Schedule.
Vote: Passed 7-0.
NEW BUSINESS: Chairman Franzese wished the citizens of Schuyler County a healthy, happy and prosperous new year. She stated that she felt the County is ready to move forward. She spoke on the subject of the upcoming year and taxes and how everyone must work together to cut spending and the size of government. Legislator Burnside stated that he had some goals and his one big goal is to develop a Public Works Department. He also suggested that we put maintenance contract for copiers up for bid. He also said that he would like to see a County newsletter done. Legislator Young said he is working on the feasibility of income tax rather than property tax. He said that property tax is a not a reflection of the wealth of the community; income is the reflection. Legislator Hastings stated she would like to work with the agricultural committee to help farmers with upcoming changes. She also said she would like to meet with the Treasurer and Tax Office Director to work towards a better budget procedure. She stated that we need to work towards implementing a program to pay off taxes in two years. She believes in the concept that the Legislature should be held accountable to the people. Legislator Smith stated that we need to restore the rapport between the Legislature and Department Heads. Legislator Halpin commended Chairman Franzese on her re-election as Chairman. She said that she hopes that the Legislature will pull together in all aspects and have respect for one another. Legislator Karius stated that she knows that we can work together to get a lot accomplished.
PUBLIC PARTICIPATION - 9:35 A.M.: Tom Ryan stated that all political parties need to work together and help the people. He agrees with Legislator Young that taxing of real property is the wrong way to do it. He said that we need to find out how many people are actually paying real property taxes versus how many people do not pay taxes. He said that something needs to be instituted that is fair. He said that the highway departments should get out and clear any road when the weather is bad. He also stated that we need to have an emergency plan in effect. Legislator Young said that there is an involvement between County, Town, and State in the case of emergencies. Mr. Ryan is to meet with Legislator Young to discuss a plan. Public Participation was closed at 9:40 a.m.
The meeting adjourned at 9:40 a.m.
Gail M. Willis, Clerk
Diane M. Cook, Deputy Clerk
REGULAR MEETING
JANUARY 9, 1995
The January 9, 1995 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese 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 present except for Legislator Burnside. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 15 Motion by Hastings, second by Young.
RE: APPROVE MINUTES OF THE OCTOBER 11, 1994 AND NOVEMBER 14, 1994 REGULAR MEETINGS AND NOVEMBER 18, 1994, DECEMBER 6, 1994 AND DECEMBER 9, 1994 SPECIAL MEETINGS OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the October 11, 1994 and November 14, 1994 Regular Meetings and November 18, 1994, December 6, 1994 and December 9, 1994 Special Meetings of the Schuyler County Legislature be approved.
Vote: Passed 7-0.
RESOLUTION NO. 16 Motion by Young, second by Fitzsimmons.
RE: CHANGE FEBRUARY 1995 MEETING DATE
WHEREAS, the February 13, 1995 Regular Meeting date of the Schuyler County Legislature falls in the midst of NYSAC's February Legislative Conference.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature's Regular Meeting for February be rescheduled to February 15, 1995 at 6:30 p.m. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY.
Vote: Passed 7-0.
RESOLUTION NO. 17 Motion by Young, second by Fitzsimmons.
RE: APPOINTMENT OF FINGER LAKES ASSOCIATION REPRESENTATIVE
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 the year 1995.
Vote: Passed 7-0.
RESOLUTION NO. 18 Motion by Young, second by Karius.
RE: APPOINTMENTS TO COMPUTER COORDINATION COMMITTEE
WHEREAS, it is the recommendation of the Computer Coordination Committee that Corry Buckwalter, Larry Sassano and Judy Allen be appointed as members of the Computer Coordination Committee.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints the above-mentioned employees as members of the Computer Coordination Committee effective immediately.
Vote: Passed 7-0.
RESOLUTION NO. 19 Motion by Young, second by Karius.
RE: APPOINTMENT - SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY
BE IT RESOLVED, that the Schuyler County Legislature approve the re-appointment of Robert Kelchner to the Schuyler County Industrial Development Agency for the terms 1/1/95-12/31/97, and
BE IT FURTHER RESOLVED, that the original Certificate of Appointment be forwarded to the Department of State (Division of Miscellaneous Records) for recording.
DISCUSSION: Legislator Karius asked how many applicants there were for SCIDA. Chairman Franzese stated that the Planning Committee Chairman was given resumes of five applicants received from SCIDA. Legislator Karius stated that she was not given the five names, only the two names that were actually up for nomination. Chairman Franzese stated that IDA favored Mr. Kelchner's reappointment. Legislator Fitzsimmons said that we need to look at the public appearance of having a county employee as well as a spouse to a legislator in this position. Chairman Franzese said that it was the Odessa School Board who recommended Mr. Jim Halpin to the board. Legislator Smith concurred with Legislator Fitzsimmons' statement that everything combined, this is not a good idea. Legislator Young also concurred. He also said that Mr. Halpin does a great job and that we are trying to avoid the perception that the County is trying to pull away from IDA. Legislator Hastings "called for the question." Chairman Franzese suggested that it be tabled. Legislator Fitzsimmons asked if we could split the question. Legislator Smith asked to divide the questions to only vote on the one nominee. Legislator Young asked if anyone objected to tabling the resolution. Legislator Hastings seconded Legislator Smith's suggestion to vote on Mr. Kelchner and any new appointments should go through committee. She also asked for a clarification as to how this resolution was being voted on. Chairman Franzese stated that the question is being divided as per Legislator Smith's request, and we were only voting on the first part of the question and sending the second part of the question back to committee. Legislator Young "called for the question."
Vote: Passed 7-0.
RESOLUTION NO. 20 Motion by Hastings, second by Young.
RE: AUTHORIZE CONTRACT EXTENSION WITH COMPUTING AS A SECOND LANGUAGE
WHEREAS, the contract with the County's computer consultant, Computing as a Second Language, expired December 31, 1994, and
WHEREAS, there are some details of the 1995 contract not yet worked out, and
WHEREAS, the Computer Coordination Committee recommends continuing this contract.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be authorized to execute any necessary addendum to the contract with Computing as a Second Language to extend the termination date of the contract to March 1, 1995; it being understood that all other aspects of the contract will remain the same; subject to approval of the Schuyler County Attorney.
Vote: Passed 7-0.
RESOLUTION NO. 21 Motion by Hastings, second by Young.
RE: APPOINTMENTS - INTER-COUNTY ASSOCIATION
BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1995 to the Inter-County Association:
Philip C. Smith
Robert J. Fitzsimmons
Robert E. Burnside
Vote: Passed 7-0.
RESOLUTION NO. 22 Motion by Young, second by Smith.
RE: APPOINTMENT - FISH AND WILDLIFE MANAGEMENT BOARD
BE IT RESOLVED, that this Legislature approve the appointment of Donald Gaige as Landowner Representative on the Fish and Wildlife Management Board for the term 1/1/95-12/31/96.
Vote: Passed 7-0.
RESOLUTION NO. 23 Motion by Young, second by Smith.
RE: DESIGNATION OF COMPANY TO PROVIDE LONG DISTANCE TELEPHONE SERVICES - ALL DEPARTMENTS
WHEREAS, considerable research has been done on long distance carriers in hopes of saving the county money on its long distance bills, and
WHEREAS, it is the recommendation of Vital Telecommunications, Inc. to opt with MCI Long Distance as Schuyler County's long distance telephone company.
NOW, THEREFORE, BE IT RESOLVED, that MCI Long Distance be designated as the company to provide long distance calling services for all County Departments in the County of Schuyler, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign a two-year contract with MCI Long Distance and a three-year contract with NYNEX for a 15% reduction in NYNEX VIRTUAL WATS program for toll traffic within 607 area code, with an approximate $320 cost for switchover; subject to approval by the Schuyler County Attorney.
Vote: Passed 7-0.
RESOLUTION NO. 24 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
DEPT
DATE
SALARY TYPE
Reynolds, Diana
Sr. Data Entry Operator Social Svcs.
11/14/94
17,468
Prov
Hagadorn, Florence Sr. Account Clerk Typist
Highway
01/20/93 15,253
(1993) Perm
NAME
TITLE
DEPT
DATE
OTHER:
Gingrich, Francis Managed Care Coor.
Social Svcs.
05/09/94
(Change in salary per contract)
RESIGNATIONS:
Meehan, Anne M. Elections Comm.
Elections
12/31/94
Smith, Elizabeth
PT Stenographer
Probation
12/31/94
(Position eliminated)
REMOVALS:
Wunderlich, Renate Intensive Case Manager
Mental Health 04/02/93
Leone, Sharon Sr.
Account Clerk Typist Highway
03/01/94
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
Vote: Passed 7-0.
REPORT ON STANDING COMMITTEES: Legislator Hastings met on Jan 5 with the Agricultural Committee to discuss her goals for the farming community. She said the committee members will be bringing ideas to the next meeting on how to pull together the remaining entities left in the County. She said that she believes that the District will be the leader for Soil and Water. She also said that they are getting together a survey to send to all farmers to ask what their needs are. She stated that one question on the survey would be their opinion on income tax versus property tax. She said she received a report from SCS water district stating that due to the budget there will be cut back in hours of personnel. She said there is a luncheon meeting January 31 with Nancy Peters, Rhonda Darling and Al Fiorille to discuss getting the taxes out on time. She stated that getting them the budget when we do is not fair to them. Chairman Franzese said that she does not like the idea that people have to give up their lunch hour to work on County business. Legislator Fitzsimmons said that he received the final audit on the Community College account and we were a few $100 over the budget. He stated that this is a major and growing item in the budget. He said that he received a letter from the District Attorney that the cost of the murder trial was $25,000 with a possible additional $1,000 if the case goes to appeal. Legislator Fitzsimmons asked how the Motor Voter program was going. He was told that it was going very well. Legislator Halpin asked Legislator Hastings the status on the ag districts. Legislator Hastings stated said the process has been started and will probably be finished in the next few months. She stated that it has to be finished prior to March 1. Chairman Franzese recommended bringing this idea to the next Legislative Committee meeting so that it may come to the attention of everyone. Legislator Fitzsimmons positively commented on the new tax bill form. Chairman Franzese asked Legislator Hastings for a comparison of taxes billed from last year to this year. Legislator Karius stated she is meeting with Anne Balch, Commissioner of Social Services, and the Town of Hector, concerning a house in which DSS clients rented and environmental concerns. Legislator Hastings reported that concerning the Early Intervention Committee, they plan on visiting two diagnostic treatment centers. She said that it is a very good program. Chairman Franzese read a letter from NYSAC concerning the Early Intervention Program. She said that they are rolling back costs 30% from state mandates.
UNFINISHED BUSINESS: Tabled Resolution No. 460 titled "Authorize Maintenance Agreement for Generators - Emergency Management." Chairman suggested leaving it on the table and sending it back to committee.
NEW BUSINESS: Chairman Franzese stated that Department Heads have received a letter to have their goals ready for their perspective February Committee meeting. Legislature will discuss their goals at the February 9 Legislative Committee meeting. She said that she would like to receive input from riders on Chemung County Transit on any concerns they have with Ridership. Legislator Fitzsimmons asked if the goals will be ready for review prior to the meeting. Gail Willis, Clerk to the Legislator, stated that they were almost completely compiled. Chairman Franzese reminded the Legislature of the informational meeting on the tower on January 12, 1995. She stated that she is having a conference with County Attorney Coleman on January 11. She also reminded everyone of the Special Meeting on January 12, 1995 at 3:00 p.m. with NYSEG concerning the new pipelines. She made note that there will be an Executive Session after Public Participation tonight.
PUBLIC PARTICIPATION - 7:25 P.M.: Barbara Bell asked about the Historian position. She noted that she was told by the Historical Society that they will take up the position as Historian. She said that if that was so that they would have to hire a new person at a cost of $3,000. She said that she would like to keep the job regardless that she will not receive a salary. Mike Myers asked each individual Legislator their opinion on the property tax versus income tax issue. Public Participation ended at 7:45 p.m.
MOTION by Smith, SECOND by Fitzsimmons to go into Executive Session at 7:45 p.m. to discuss a security situation. Motion carried seven ayes to zero noes. MOTION by Smith, SECOND by Hastings to come out of Executive Session at 8:00 p.m. Motion carried seven ayes to zero noes.
The meeting adjourned at 8:00 p.m.
Gail M. Willis, Clerk
Diane M. Cook, Deputy Clerk
REGULAR MEETING
FEBRUARY 15, 1995
The February 15, 1995 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:32 p.m. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. ROLL CALL: All Legislators were present except for Legislator Hastings who was excused. Legislator Young arrived at 6:39 p.m. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced two emergency resolutions by title.
PUBLIC PARTICIPATION - 6:36 P.M.: Hazel Shader stated that the Legislature should swallow their pride and admit a mistake in placement of the tower. She stated that the tower needed to be placed somewhere inconspicuous. She wanted to know why the light on the front of the courthouse was not on. Dave Lisk, Buildings and Grounds Supervisor, the lights are on a timer and will look into possibly adjusting the timer. Hazel stated that she is deeply concerned about losing our historical buildings. Casey Creamer asked for an explanation on Intro. No. 22. He asked if counties have binding arbitration with employees. Chairman Franzese stated that the Finance Committee discussed and supported this resolution. Hazel Shader wanted to know if there is any discussion on welfare reform. Chairman Franzese stated that the State needs to change this. She said that Governor Pataki promised much reform in these areas. Anne Balch, Commissioner of Social Services, stated that there are proposals for limits on how long someone can be on welfare and the amounts of the benefits are being cut. She stated that in committee the idea of mobile work crews was discussed. The emphasis is that any job is a good job. Casey Creamer stated that he recently attended a local government town board meeting. He said that a letter was read from Assemblyman Davidsen referencing mandates - requesting information on local mandates. He said that everyone is hollering that we need mandate relief. Catherine Sirrine stated "for the record" on Intro. No. 20, that "she is entitled to holdover." Attorney Coleman stated that she was correct and that February 8th was the actual date of her termination. Chairman Franzese stated that Ms. Sirrine will be reimbursed accordingly. Chairman Franzese introduced Kyle Tuttle, the proposed newest member to SCIDA. All Legislators welcomed him. Public Participation ended at 6:57 p.m.
PRESENTATION BY JOHN SHIMONSKY, HIGHWAY SUPERINTENDENT - 7:00 P.M.: John Shimonsky, Highway Superintendent gave a presentation on the status of some of our bridges within the County. He stated that all structures are subjected to a bi-annual inspection by the State. If a bridge is yellow or red flagged, then that bridge has to be addressed. He said that his department is in the process of doing a special bridge structure report and that the process is very scientific. He stated that they conducted this report on a bridge in the Town of Tyrone and it passed as a good structure. He stated they also conducted this report on a bridge in the Town of Montour and this bridge failed and the whole structure needs to be replaced. He stated that this bridge is presently closed. Chairman Franzese asked how many of the 23 bridges need replacing? Mr. Shimonsky stated that they are doing ongoing evaluations and that three bridges need parts retested. He stated that the State of New York did a load-testing and that we came out well. He said that this doesn't mean that we don't have problems. Legislator Halpin stated that she talked to some people in Madison County and they are receiving funding for their bridges. Mr. Shimonsky stated that to receive this funding, 1,000 vehicles must pass over this structure every day. Hazel Shader asked Mr. Shimonsky if he has any jurisdiction over painting the white lines on the side of County roads. Mr. Shimonsky stated that it was his department's responsibility and he does his best within funds. Chairman Franzese thanked Mr. Shimonsky for his presentation.
Chairman Franzese asked if the agenda could be addressed differently by acting on the emergency resolutions first. There was no objection.
RESOLUTION NO. 25 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 7-0.
RESOLUTION NO. 26 Motion by Fitzsimmons, Second by Young.
RE: CREATE TYPIST POSITION/ABOLISH STENOGRAPHER POSITION - PROBATION
WHEREAS, the Probation Department has monies in its 1995 budget for a typist position, said position having been titled and approved by the Civil Service Commission.
NOW, THEREFORE, BE IT RESOLVED, that a typist position be, and hereby is, created in the Probation Department for 27 hours per week at an hourly rate at $7.6732, and
BE IT FURTHER RESOLVED, that the part-time stenographer position in the Probation Department be abolished.
DISCUSSION: Legislator Smith asked if this resolution changes the category of help. Chairman Franzese stated that this action is just a technicality. Doris Craig, Personnel Director, stated that in the budget we approved a typist position, and we just needed to change the title in Probation Department.
Vote: Passed 7-0.
RESOLUTION NO. 27 Motion by Fitzsimmons, Second by Young.
RE: RESOLUTION AND CERTIFICATION - REASONABLE AND NECESSARY ALLOWANCE FOR RECORDING OFFICER FOR HIRE OF CLERKS AND ASSISTANTS
WHEREAS, pursuant to Section 262 of the Tax Law, recording officers are entitled to receive their necessary expenses for purposes of administration of mortgage taxes in their offices on approval and allowance by the State Tax Commission, and
WHEREAS, the last request was approved per Resolution No. 69 of February 11, 1991 for the sum of $18,024 per annum, and
WHEREAS, the necessary expenses for the purpose of Article 11, Section 262 of the Tax Law have risen.
NOW, THEREFORE, BE IT RESOLVED, that the sum of $19,860 per annum be, and hereby is, determined as the necessary, reasonable and proper allowance to be received by the Recording Officer of the County of Schuyler for the purpose of administering mortgage taxes in the office (Revenue account 1410-1255), and
BE IT FURTHER RESOLVED, that the sum of $19,860 per annum is certified to the State Tax Commission as the reasonable and proper allowance and certified copies of this resolution will be forwarded to the appropriate State and County officials.
DISCUSSION: Legislator Halpin stated that she didn't understand this resolution. Chairman Franzese stated that this resolution requested an increase in the amount from the State; it is income coming in to the revenue account in the general fund. Legislator Fitzsimmons stated that the account number was not in the resolution. Chairman Franzese requested the addition of account number 1410-1255 to the resolution.
Vote: Passed 7-0.
RESOLUTION NO. 28 Motion by Young, Second by Burnside.
RE: APPROVE MINUTES OF THE DECEMBER 12, 1994 REGULAR MEETING, DECEMBER 28, 1994 YEAR'S END MEETING, JANUARY 3, 1995 ORGANIZATIONAL MEETING AND JANUARY 9, 1995 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the December 12, 1994 Regular Meeting, December 28, 1994 Year's End Meeting, January 3, 1995 Organizational Meeting and January 9, 1995 Regular Meeting of the Schuyler County Legislature be approved.
Vote: Passed 7-0.
RESOLUTION NO. 29 Motion by Karius, Second by Young.
RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR MATERIALS AND SUPPLIES FOR 1995
WHEREAS, in accordance with Section 103 of the General Municipal Law, all purchase contracts involving an expenditure of more than $10,000 and all contracts for Public Works involving an expenditure of more than $20,000 shall be awarded to the lowest responsible bidder after advertising for sealed bids in the manner provided by this Section.
NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent assisted by the Purchasing Specialist be authorized to advertise for bids for materials and supplies for 1995 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, and
BE IT FURTHER RESOLVED, that copies of the accepted bids be forwarded to the Schuyler County Purchasing Specialist.
Vote: Passed 7-0.
RESOLUTION NO. 30 Motion by Young, Second by Smith.
RE: AUTHORIZATION FOR THE CONTINUED SUPPORT OF APPALACHIAN REGIONAL COMMISSION AND DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION PROGRAMS BY THE SCHUYLER COUNTY LEGISLATURE
WHEREAS, Schuyler County has greatly benefitted from the support of Appalachian Regional Commission and Department of Commerce Economic Development Administration programs, including a total of 35 projects in infrastructure, business development, human resources, local government assistance and economic development, resulting in financial resources of more than six million dollars, and
WHEREAS, it is the desire of the County to continue to obtain the support of these badly needed programs. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County strong supports the continuation and expansion of the Appalachian Regional Commission and Department of Commerce Economic Development Administration programs for the betterment of the lives of the citizens of this County.
Vote: Passed 7-0.
RESOLUTION NO. 31 Motion by Young, Second by Smith.
RE: APPOINTMENT - SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY
BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of Kyle Tuttle to the Schuyler County Industrial Development Agency for the term 1/1/95-12/31/97, 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 7-0.
RESOLUTION NO. 32 Motion by Burnside, Second by Young.
RE: AUTHORIZE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE TO SIGN RECORDS MANAGEMENT GRANT APPLICATION AND ALL RELATED REPORTS 1995-96
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the Local Government Records Management Improvement Fund grant application and all reports effective 2/1/95; subject, as required, to the approval of the Schuyler County Attorney.
Vote: Passed 7-0.
RESOLUTION NO. 33 Motion by Burnside, Second by Young.
RE: DECLARE COMPUTER AND PRINTER SURPLUS - ELECTIONS
WHEREAS, the Board of Elections purchased a new PC, monitor, and printer in late December, 1994, all of which are more efficient and more flexible as to meeting the needs of the department now and in the future.
NOW, THEREFORE, BE IT RESOLVED, that the County Legislature declare as surplus the following computer equipment, purchased in 1989.
286SX PC, modem serial no. S/N 89006025170 - including Irwin Internal 20 MB tape drive
Serial 0191800
Samsung monitor, serial no. SM-12SF A 7
Epson FX-1050 printer, serial no. 00D0030868
Vote: Passed 7-0.
RESOLUTION NO. 34 Motion by Burnside, Second by Young.
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, to assist the billing clerk with collections, and to assist with fiscal reports which have backlogged due to the continued vacancy of a Fiscal Manager.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Mental Health Clinic be authorized to contract for one clerical worker at a rate not to exceed $9.25 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 as long as state funding is available; contract subject to approval by the Schuyler County Attorney. Funding for such services is available in the 1995 budget in account 4310.435.
Vote: Passed 5-2. (Noes: Halpin, Franzese).
RESOLUTION NO. 35 Motion by Smith, Second by Karius.
RE: SCHUYLER/CHEMUNG/TIOGA BOCES - AGREEMENT - MENTAL HEALTH
WHEREAS, there is a clearly identified and well documented need for mental health services for children and youth and their families, and
WHEREAS, meeting that need is often difficult due to problems of availability, accessibility, transportation and stigma, and
WHEREAS, it would be desirable to have mental health services located in our schools, and
WHEREAS, there have been discussions and negotiations among local school district administrators, BOCES, and mental health resulting in a viable plan to develop school mental health services.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the Director of Community Services to contract for the year 1995 with BOCES, Watkins Glen and Odessa Montour School Districts for the provision of services in these schools, in an amount not to exceed $9,000, which is available in account 4310.435 in the 1995 budget. Said agreement subject to review and approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that this Legislature authorize the Chairman of the Schuyler County Legislature to sign said agreement.
DISCUSSION: Legislator Halpin clarified that this represented a portion of the salary and that it is a necessary program. She said that this program brings our kids back into Schuyler County.
Vote: Passed 7-0.
MOTION by Young, SECOND by Smith to suspend the rules to allow the Chairman not to read the resolutions by title. Motion carried seven ayes to zero noes.
RESOLUTION NO. 36 Motion by Smith, Second by Karius.
RE: RENEW NYSDOH LEAD POISONING PREVENTION PROGRAM GRANT AND ESTABLISH 1995-96 BUDGET
WHEREAS, the New York State Department of Health will renew the Schuyler County Childhood Lead Poisoning Prevention Program Grant for another five-year period from April 1, 1995 through March 31, 2000, and
WHEREAS, the Department of Health has awarded $25,000 for the first year of the grant, from April 1, 1995 through March 31, 1996.
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 for the Childhood Lead Poisoning Prevention Program Grant from April 1, 1995 through March 31, 2000, in the amount of $25,000 from April 1, 1995 through March 31, 1996; subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the 1995-96 budget be established as follows:
18,156.00 to account no. 4010.100-4022 - Personal Service
300.00 to account no. 4010.429-4022 - Supplies
300.00 to account no. 4010.433-4022 - Postage
300.00 to account no. 4010.466-4022 - Staff Development
300.00 to account no. 4010.472-4022 - P.R., Brochures
4,233.00 to account no. 4010.489-4022 - Fringe Benefits
2,000.00 to account no. 4010.579-4022 - Lead Testing
25,589.00 TOTAL EXPENSES
589.00 to fee revenue account no. 4010.1610-4022
25,000.00 to grant revenue account no. 4010.3451-4022
25,589.00 TOTAL REVENUE
Vote: Passed 7-0.
RESOLUTION NO. 37 Motion by Smith, Second by Karius.
RE: AUTHORIZE CONTRACT WITH THE SCHUYLER COUNTY CHILD CARE COORDINATING COUNCIL, FOR THE MODEL EARLY INTERVENTION SERVICE PROJECT
WHEREAS, the Schuyler County Home Health Agency must contract with the Schuyler ARC and the Schuyler County Child Care Coordinating Council to collaborate the Model Early Intervention Service Project 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 a contract with the Schuyler County Child Care Coordinating Council, effective October 1, 1994 through September 30, 1995, in the amount of $12,700; subject to the approval of the Schuyler County Attorney.
Vote: Passed 7-0.
RESOLUTION NO. 38 Motion by Halpin, Second by Young.
RE: AUTHORIZE CONTRACT WITH THE SCHUYLER COUNTY CHAPTER, NYSARC, INC., FOR THE MODEL EARLY INTERVENTION SERVICE PROJECT
WHEREAS, the Schuyler County Home Health Agency must contract with the Schuyler ARC and the Schuyler County Child Care Coordinating Council to collaborate the Model Early Intervention Service Project 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 a contract with Schuyler County Chapter, NYSARC, Inc., effective October 1, 1994 through September 30, 1995, in the amount of $21,950; subject to the approval of the Schuyler County Attorney.
Vote: Passed 6-0. (Abstention: Smith due to employment).
RESOLUTION NO. 39 Motion by Halpin, Second by Young.
RE: AUTHORIZE $100 HONORARIUM FOR DR. STANLEY SCHAFFER FOR PRESENTATION TO LOCAL HEALTH CARE PROVIDERS REGARDING LEAD POISONING
WHEREAS, the Public Health Office has a Childhood Lead Poisoning Prevention Program grant from the NYS Department of Health, and
WHEREAS, one requirement of this program is to provide information to local health care providers and their staffs regarding lead poisoning issues, including testing and reporting requirements, and
WHEREAS, Dr. Stanley Schaffer has agreed to give a presentation regarding lead poisoning issues to local health care providers and their staffs, and
WHEREAS, Dr. Schaffer will be traveling from the Rochester area to give this presentation, and
WHEREAS, the Public Health Office would like to give Dr. Schaffer a $100 honorarium for this presentation, and
WHEREAS, Resolution No. 592-1990 states any such expenditure above $50 must be approved by the entire Legislature.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes a $100 honorarium to Dr. Schaffer for a lead poisoning presentation, to be funded from the Lead Grant.
Vote: Passed 7-0.
RESOLUTION NO. 40 Motion by Halpin, Second by Young.
RE: AUTHORIZE CONTRACT WITH STRONG CENTER FOR DEVELOPMENTAL DISABILITIES FOR EARLY INTERVENTION PROGRAM EVALUATIONS
WHEREAS, the Schuyler County Early Intervention Program must contract with providers to provide early intervention evaluations of 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 Strong Center for Developmental Disabilities, to provide early intervention evaluations, effective October 1, 1994, at rates set by the New York State Department of Health; subject to the approval of the Schuyler County Attorney.
Vote: Passed 7-0.
RESOLUTION NO. 41 Motion by Halpin, Second by Burnside.
RE: AUTHORIZE CONTRACT WITH AMY STORRER 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 Amy Storrer, to provide early intervention services, effective March 1, 1995, at rates set by the New York State Department of Health; subject to the approval of the Schuyler County Attorney.
Vote: Passed 7-0.
RESOLUTION NO. 42 Motion by Halpin, Second by Burnside.
RE: AUTHORIZE CONTRACT WITH NYS DEPARTMENT OF HEALTH AND SCHUYLER HOSPITAL FOR TOBACCO USE PREVENTION AND CONTROL GRANT MONIES
WHEREAS, the New York State Department of Health is promoting tobacco use prevention and control through mini-grants of up to $5,000 to local health units, and
WHEREAS, Schuyler Hospital will apply for and administer these funds on behalf of Schuyler County in cooperation with the Southern Tier Tobacco Awareness Coalition, comprised of Schuyler, Chemung, Steuben and Allegany counties, and
WHEREAS, the county would contract with the New York State Department of Health to obtain the funds and would subcontract with Schuyler Hospital to administer the funds, which would benefit the county with minimal county effort and no county cost.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby approves the Home Health Agency's application for Tobacco Free Awareness Week Grant funds with the cooperation of Schuyler Hospital and Chemung and Steuben Counties, and
BE IT FURTHER RESOLVED, that if grant funds are awarded, the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with the NYS Department of Health to obtain the grant funds, and
BE IT FURTHER RESOLVED, that if grant funds are awarded, the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Schuyler Hospital to administer the grant subject to the stipulation that there will be no net county cost and subject to the approval of the Schuyler County Attorney.
Vote: Passed 7-0.
RESOLUTION NO. 43 Motion by Halpin, Second by Burnside.
RE: SET FEE SCHEDULE - WATERSHED PROTECTION AGENCY
WHEREAS, Section F. 1 of Local Law No. 3-1994 authorizes the Schuyler County Watershed Protection Agency to adjust fees for services as approved by the Schuyler County Legislature, and
WHEREAS, it has been deemed appropriate by the Public Health Committee to set fees for certain services performed by the Watershed Protection Agency.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Watershed Inspector be, and hereby is, directed to charge and collect fees for services performed by his department as follows:
1. Septic permits - New dwelling - conventional system $50
2. Septic permit - New dwelling - alternate system $60
3. Septic permit for dwelling conversion or alteration $50
4. Septic permit - Existing dwellings $35
5. Septic system permit for septic tank replacement $25
6. All septic system permit renewals $25
7. Septic system site evaluation and soil test per lot $25
8. Septic evaluation for dwelling conversion or alteration $25
9. Septic evaluation for property transfer or refinancing $60
10. Septic evaluation for dwelling transfer or refinancing plus bacteriological water
sample $70
11. Septic evaluation for dwelling transfer or refinancing plus bacteriological water
sample & flow test $80
12. Water sample collection $10
13. Water supply flow test per ½ hour flow $35
14. Water supply flow test and bacteriological sample $50
15. Radon in air test $50
16. Flood hazard area statement $10
17. Field consultation/conference per ½ hour $10,
and
BE IT FURTHER RESOLVED, that the Schuyler County Watershed Protection Law allows the Agency to waive the collection of all, or a portion of, the established fee for non-profit agencies, governmental agencies and low income families.
Vote: Passed 7-0.
RESOLUTION NO. 44 Motion by Young, Second by Burnside.
RE: AUTHORIZE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE TO SIGN EXTENSION TO SENSIBILITIES, INC. CONTRACT
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to execute an addendum to the contract with Sensibilities, Inc. to extend the expiration date to December 31, 1995 under the same terms and conditions, except for worker's compensation and disability insurances, for computer consultant services at a cost of $3,000; subject to the approval of the Schuyler County Attorney.
DISCUSSION: Chairman Franzese noted for the record that the previous agreement ended December 1994, and this agreement was for the period January 1, 1995 through December 31, 1995. She also said that we will waive worker's compensation and disability, but they will provide liability insurance.
Vote: Passed 7-0.
RESOLUTION NO. 45 Motion by Young, Second by Burnside.
RE: AUTHORIZE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE TO SIGN EXTENSION TO CALGOR CONTRACT
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to execute an addendum to the contract with CALGOR (Gordon Stevens) to extend the expiration date to June 30, 1995 under the same terms and conditions for jail administration services (at a cost of $15.00 per hour, not to exceed $7,000); subject to the approval of the Schuyler County Attorney.
Vote: Passed 7-0.
RESOLUTION NO. 46 Motion by Young, Second by Burnside.
RE: AUTHORIZE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE TO SIGN ANY AND ALL DOCUMENTS FOR NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION GRANT MONIES
BE IT RESOLVED, that Corry Buckwalter, Director of Planning and Community Development for Schuyler County, is authorized and directed to file an application on forms prescribed by the New York State Office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $200,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this municipality for the implementation of the Seneca Harbor Park Master Plan and a covenant to the deed of the assisted property; subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign any and all documents for NYS Office of Parks, Recreation and Historic Preservation Grant Monies.
Vote: Passed 7-0.
RESOLUTION NO. 47 Motion by Karius, Second by Smith.
RE: APPOINTMENT - FARM BUREAU REPRESENTATIVE ON THE SOIL AND WATER CONSERVATION BOARD OF DIRECTORS
BE IT RESOLVED, that this Legislature approve Chairman Franzese's appointment of Doug Learn as Farm Bureau Representative on the Soil and Water Conservation Board of Directors for the term January 1, 1995 through December 31, 1997.
Vote: Passed 7-0.
RESOLUTION NO. 48 Motion by Karius, 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
DEPT
DATE
SALARY TYPE
Bagchi, Arnab Staff Social Worker
Mental Health 01/30/95
26,780
Prov
Pittman, Sandra PT Paralegal
Social Svcs. 01/10/95
12.3782 hr. Prov
NAME
TITLE
DEPT
DATE
OTHER:
Dillon, Michael HEO
Highway 01/16/95
(Return from disability)
Sirrine, Catherine Commissioner
Elections
02/09/95 (Term
ends)
Rekczis, William Seasonal Laborer
Highway
12/31/94 (Temp.
position done)
Crout, Steven Sr. Seasonal Laborer
Highway 12/31/94
(Temp. position done)
RESIGNATIONS:
Fidelman, Richard Social Welfare Exam. Social Svcs. 01/20/95
REMOVALS:
Wolak, Edward Real Prop. Tech. Real Prop. 01/06/93
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
Vote: Passed 7-0.
RESOLUTION NO. 49 Motion by Halpin, Second by Fitzsimmons.
RE: FREEZE ON HIRING FOR 1995
WHEREAS, the Schuyler County Legislature is deeply concerned about the fiscal health of our county government and the increasing financial responsibilities of our taxpayers, and
WHEREAS, the uncertainty over the amount of state aid to be given counties for 1995 still exists, and
WHEREAS, our taxpayers cannot afford to make up the difference for lost state and federal revenues or from any new spending initiatives mandated by our own Board, and
WHEREAS, we must also consider all the expanding fiscal responsibilities we may be facing in 1995 due to proposed changes by New York State Legislature, and
WHEREAS, this Legislature would be fiscally irresponsible to our taxpayers if it did not take some measures at this point in time to compensate for any possible loss of state funds anticipated in our 1995 budget.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature pledges to watch county spending even more closely than in the past so that we perhaps can reduce our own local rate of spending before it is too late to be of help for 1995 and to help us to prepare for what is to come in 1996, and
BE IT FURTHER RESOLVED, that this Legislature declares a freeze on hiring of new personnel, whether it be to a newly created position or to a vacancy created within the department by the resignation, retirement, or removal of an employee, to include both part-time and full-time positions, unless such hiring shall be specifically authorized by Resolution of this Legislature, and
BE IT FURTHER RESOLVED, that this resolution shall exclude all per diem positions and any position which as of this date has been advertised and/or interviewed for, and
BE IT FURTHER RESOLVED, that this Resolution which shall simply be referred to as Resolution No. 49 in any future resolution, shall take effect immediately and shall continue in full force and effect until December 31, 1995.
DISCUSSION: Chairman Franzese stated to note that per diems are not included in this resolution; they are neither part-time or full-time. Legislator Smith asked if this resolution wasn't a little premature. Chairman Franzese said that she felt it is not. She said that until we determine what the state budget is, we don't know what our revenues will actually be. She also said that we must try to eliminate five positions through attrition or retirement during the year. Legislator Smith wanted the legislators to make note of the past experiences with a hiring freeze. He said that the state budget is not set in concrete. He said that this will have an adverse effect on some departments, especially public service. Legislator Halpin stated that is the legislators job to take a hard look at all positions. She stated that the next step would be layoffs if the county does not cut back on its spending. She said that all governments need to downsize and the hardest thing to do is to lay people off. She stated that because of the uncertainty in the budget, that every position will get a real close look to make sure that the funding is there. Legislator Karius stated that this hiring freeze will not affect positions that are currently advertised. Legislator Smith said he felt we should not nickel and dime the departments to death again. He said that rather than a freeze, look to the departments for cuts. Legislator Halpin stated that this was an excellent thought and needs to be looked at. Chairman Franzese said that the budget was passed as a guesstimate. She said that in state aid we have lost 10% of the CHIPS monies and that we will not be getting increased support in Medicaid. Legislator Fitzsimmons said that at the NYSAC convention Governor Pataki stated that OFA, Mental Health, and Pre-K programs will be cut. He stated that he has only supported a hiring freeze one other time and that he is feeling the same way again towards this freeze. Legislator Burnside said that at first he was against this freeze but was assured that it will not get in the way of hiring necessary positions. He asked if this was correct. Chairman Franzese assured him that it was. Legislator Smith asked if this means that positions require full approval of the Legislature. Chairman Franzese stated yes, except for per diems.
Vote: Passed 6-1. (No: Smith)
RESOLUTION NO. 50 Motion by Halpin, Second by Young.
RE: SUPPORT FOR THE ELIMINATION OF THE BINDING ARBITRATION CLAUSE OF THE TAYLOR LAW WHICH EXPIRES JUNE 30, 1995
WHEREAS, currently, non-elected panels often decide expensive labor agreements without taking into consideration the impact of their decisions on the continuing ability of homeowners to pay higher taxes, and
WHEREAS, without the ability to control salaries and benefits, local governments will have increased difficulty in controlling their budgets.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature asks for immediate consideration and support to eliminate the binding arbitration clause of the Taylor Law by preventing its re-enactment, and
BE IT FURTHER RESOLVED, that copies of this resolution be mailed to Governor George Pataki, Assemblyman Donald Davidsen, Senator Randy Kuhl, and NYSAC.
DISCUSSION: Legislator Fitzsimmons asked what the feedback from the Union Representatives was. He said that he wholly objected to this resolution being presented this way and that it needs full recommendation. Legislator Halpin stated that this is only part of the Taylor Law. Legislator Fitzsimmons stated that it looks like we're only interested in the part the protects us and not the part that protects the employees. He said that we did not follow proper procedures by not asking for the Union Representatives opinions on this to be brought for discussion to the full Legislature. Chairman Franzese stated that it did go through committee. MOTION by Smith to withdraw this resolution. Legislator Fitzsimmons stated that he would like the opportunity to vote the resolution down right now. Legislator Smith withdrew his motion. Legislator Halpin stated that this resolution was well discussed in committee and that sending issues out to an arbitrary board is not good. Legislator Fitzsimmons stated that taking away one party's act for our party is not good either. Legislator Halpin said that it only protects certain employees and that employers and employees have to bargain. Legislator Burnside said that he can see the reason for this resolution, but that he is a little concerned with it. Chairman Franzese stated that it will not affect our administration. Legislator Smith stated that he can't see why we are supporting something that we don't know much about.
Vote: Passed 5-2. (Noes: Smith, Fitzsimmons)
RESOLUTION NO. 51 Motion by Halpin, 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 administrative 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 7-0.
RESOLUTION NO. 52 Motion by Halpin, Second by Young.
RE: APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD
BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1995 to the Schuyler County Youth Board:
Ronald Alexander Kathryn Doolittle Kerry Hoover
Donald Dryden Anne Balch Laura Merrill
Philip Barnes Lloyd Prosperi Delmar Bleiler
Michael Johnston James Chedzoy MyAnna Bellows
Elaine Dalrymple Jessica Colon Charles E. Young
Audrey Kerber Bob Guild Susan Barnes
Vote: Passed 7-0.
RESOLUTION NO. 53 Motion by Halpin, Second by Karius
RE: APPOINTMENT - ENVIRONMENTAL MANAGEMENT COUNCIL
BE IT RESOLVED, that this Legislature approve Chairman Franzese's appointment of Charles Franzese as Chairman and Phil Miller as Vice-Chairman of the Environmental Management Council effective 1/31/95-12/31/95.
Vote: Passed 6-0. (Abstention: Franzese)
RESOLUTION NO. 54 Motion by Halpin, Second by Karius.
RE: APPOINTMENT - HISTORIAN AND DEPUTY HISTORIAN
BE IT RESOLVED, that Barbara Bell be appointed as County Historian and Louise Stillman as Deputy Historian for the year 1995.
Vote: Passed 7-0.
RESOLUTION NO. 55 Motion by Halpin, Second by Karius.
RE: ADOPT SEXUAL HARASSMENT POLICY
BE IT RESOLVED, the County of Schuyler hereby adopt the following Sexual Harassment Policy, effective immediately:
SEXUAL HARASSMENT POLICY
The County prohibits sexual harassment in the workplace, whether committed by managers, supervisors or nonsupervisors. All managers, supervisors and employees must avoid any action or conduct which could be viewed as sexual harassment.
In addition, no manager, supervisor or employee may engage in conduct that might create an offensive work environment, whether it be in the form of physical or verbal harassment. Sexual harassment includes any behavior of a sexual nature which is unwelcome and personally offensive to its recipient. Unwelcome sexual advances, requests for sexual favors, and other physical, verbal or visual conduct based on sex constitute sexual harassment when (1) submission to the conduct is an explicit or implicit term or condition of employment (2) submission to or rejection of the conduct is used as the basis for an employment decision, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment may include but is not limited to explicit sexual propositions, sexual innuendo, suggestive comments, sexually-oriented jokes or remarks or jokes about gender-specific traits, foul or obscene language or gestures, displays of foul or obscene printed or visual material, and unwanted physical contact.
Employees are encouraged to avail themselves of the County's internal complaint procedure if they are confronted with sexual harassment. Complaints should be brought to the attention of the Personnel Director. All complaints will be promptly and thoroughly investigated in a confidential manner. To the fullest extent practicable, the County will keep complaints, and the terms of their resolution, confidential. If an investigation confirms that harassment has occurred, the County will take corrective action including such discipline as is appropriate.
Sexual harassment in violation of this policy will result in corrective disciplinary action up to and including dismissal. No employee will suffer retaliation as a result of utilizing the internal complaint procedure with respect to allegations of sexual harassment.
Vote: Passed 7-0.
RESOLUTION NO. 56 Motion by Halpin, Second by Burnside.
RE: ADOPT HEALTH AND SAFETY POLICY
BE IT RESOLVED, that the County of Schuyler hereby adopt the following Health and Safety Policy, effective immediately:
HEALTH AND SAFETY POLICY
The coordination implementation and enforcement of Health and Safety regulations: such as Fire and Building Codes, NYS Department of Labor Public Employee Safety and Health Bureau (PESH), Insurance Inspections, etc. will be done by the Schuyler County Building Maintenance Supervisor with support provided by the County Fire and Building Codes Officer.
Examples of Health and Safety concerns are:
1. Use and placement of power supply for electrical, telephone or computer equipment.
2. Hallways and aisles maintained with clear access for traffic flow.
3. Proper storage of flammable or chemical products.
4. Proper installation of equipment, furniture, and files.
5. Use of home appliances (coffee pots, microwave ovens, toaster ovens, refrigerator) will
be forbidden unless installed in an approved area with proper electrical connection.
Vote: Passed 7-0.
RESOLUTION NO. 57 Motion by Halpin, Second by Burnside.
RE: ADOPT TIME CARD POLICY
BE IT RESOLVED, that the County of Schuyler hereby adopt the following Time Card Policy, effective immediately:
TIME CARD POLICY
Time cards are due by 4:30 p.m. on the Monday following the close of a pay period. The department head or designee is responsible for making sure time cards are delivered in a timely manner and properly completed.
Employees who complete their own time cards should complete their cards and sign them on their last scheduled workday of the pay period prior to submission to their department head or designee. Time cards which are completed by someone other than the employee should be carefully checked for errors by the employee before signing. Special care should be given to the classification of any leave or benefit time by both the employee and the department head or their designee. The time cards will stand as submitted. There will be NO changes to benefit or leave time after the payroll has been processed with the exception of reimbursements for disability or worker's compensation time previously listed as sick time.
TIME CARDS NOT SUBMITTED ON TIME WILL NOT BE PAID UNTIL THE FOLLOWING PAY PERIOD.
Departments should have one person other than the department head authorized to approve time cards. A letter should be provided to the Treasurer's Office designating the authorized person.
Vote: Passed 7-0.
RESOLUTION NO. 58 Motion by Halpin, Second by Burnside.
RE: ADOPT LEAVE OF ABSENCE POLICY
BE IT RESOLVED, that the County of Schuyler hereby adopt the following Leave of Absence Policy, effective immediately:
LEAVE OF ABSENCE POLICY
All employees returning to work from any absence compensable by Worker's Compensation or Disability shall first report to the Personnel Office. The original written doctor's statement indicating approval to return to the duties which the employee's position requires, must be provided before being permitted to return to work. Any request to return with restricted duties or reduced schedules, must have prior approval of the Department Head and the Personnel Director before such adjustment will be allowed.
Any employee who has been absent from work for ten (10) or more consecutive work days due to illness or injury is also required to comply with the above stated procedure.
Vote: Passed 7-0.
RESOLUTION NO. 59 Motion by Smith, Second by Karius.
RE: CREATE FULL-TIME DEPUTY SHERIFF'S POSITION
WHEREAS, the Office of Court Administration requests that a full-time deputy sheriff be assigned to the County Court and Family Court, and
WHEREAS, funding for a full-time security position is provided by the Office of Court Administration.
NOW, THEREFORE, BE IT RESOLVED, that a full-time Deputy Sheriff's position be created in the Sheriff's Department for the purpose of providing court security at an hourly rate of $9.88 in accordance with any necessary Civil Service procedures; it being understood that this position is contingent upon the availability of state funding for same.
DISCUSSION: Legislator Halpin stated that she would like some clarification that if we made this position full-time would it delete the part-time position. Doris Craig, Personnel Director, stated that there are no part-time employees in the Sheriff's Department. Legislator Fitzsimmons asked if we not want to create a full-time position, could there be a lateral move of a current full-time employee. Legislator Burnside said that the person who is currently working in this position is listed as a part-time employee, but is actually working full-time. Doris Craig stated that in talking with the Sheriff that this person would be paid by the courts and that a present employee would fill this position. She also stated that it was not discussed that another position would be filled to replace that person. Chairman Franzese stated that she is concerned with working a part-time employee full-time. Doris Craig stated that this individual, by being categorized as part-time, is receiving a lower rate of pay. She said that the question concerning filling the vacant part-time position falls under the hiring freeze. Legislator Fitzsimmons asked that if there are 25 full-time positions, and 15 are road patrol, couldn't one of them be reassigned to the courts. Legislator Halpin asked if a resolution could be passed paying this part-time person a full-time rate. Legislator Fitzsimmons said that he would support that. Chairman Franzese asked if the courts could use numerous part-time people. She also asked if it would be beneficial to refer this back to committee. She stated that if this individual works full-time, then they should receive a full-time rate. Chairman Franzese stated that perhaps this should go back to committee. MOTION by Young, SECOND by Burnside to table this resolution. Legislator Halpin stated that if someone came up and demanded full-time pay, then they should receive it. Chairman Franzese stated that an individual should not be made to work over his part-time hours and stated that a message should be sent that if an individual works over 40 hours, then they should be paid a full-time wage. Legislator Smith stated that the Personnel Director has the correct idea that we should vote on the present resolution and the hiring freeze will affect our other concerns. Doris Craig stated that there is no problem with the resolution, and the concern with the vacant position will fall under the hiring freeze. Legislator Smith stated that this resolution has committee approval and the Legislature should not pull out at the last minute. Legislator Smith "called for the question" on tabling the resolution. Chairman Franzese asked the sponsors of the resolution if they would like to withdraw their tabling of the resolution. Legislators Young and Burnside agreed that they would like to withdraw their motion. Legislator Fitzsimmons said that there is a choice to slide someone over into that position and reduce the staff by one or increase the staff by one, but reduce local costs. Legislator Smith said that before considering these options there should be a discussion with the Sheriff. Chairman Franzese said that if the resolution didn't pass it would go back to committee for discussion on finding other ways to fill it and if it passes then we are done with it. Legislator Karius "called for question". There were four ayes and three noes against calling the question. Legislator Halpin stated she was concerned with having a part-time employee filling a full-time position. She asked if the individual working part-time could be paid a full time wage. Chairman Franzese stated that an issue has been raised; that part-time employees are working full-time and this needs to be investigated. She recommended that the Administration and Public Safety Committee look at this.
Vote: Passed 7-0.
RESOLUTION NO. 60 Motion by Smith, Second by Karius.
RE: AMEND MANAGEMENT LEVEL SALARY PLAN TO INCLUDE GOAL DEADLINE
WHEREAS, it is the recommendation of the Legislative Committee to change the deadline date for the submission of departmental goals to January 1 of each year, and
WHEREAS, it is also the recommendation of the Legislative Committee to extend the deadline date for the submission of 1995 goals to allow Department Heads the opportunity to utilize the results from their 1994 performance evaluations in developing their 1995 goals.
NOW, THEREFORE, BE IT RESOLVED, that the deadline date for the submission of 1995 goals be extended from March 1st to April 1st, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby amend the Management Level Salary Plan dated November 19, 1993 and that the following addition be distributed as an addendum until such time as the plan is reprinted:
1. ADD TO PAGE 14, PARAGRAPH 3 OF PERFORMANCE EVALUATIONS:
...All Managers shall submit their annual goals for the upcoming year to their committee chairperson by January 1 of each year and a copy of same shall be given to the Clerk of the Legislature to be maintained in a binder in the Legislative Office.
Vote: Passed 7-0.
RESOLUTION NO. 61 Motion by Smith, Second by Karius.
RE: APPROVE CORRECTION TO 1995 TAX WARRANT - SNOW - TOWN OF HECTOR
WHEREAS, a copy of a decision by Supreme Court Justice, William N. Ellison has been received reducing the assessments for tax map numbers 22.17-1-10 from $60,000 to $30,000; 22.17-1-11 from $50,000 to $30,000; 22.17-1-12 from $50,000 to $30,000; and 22.17-1-15 from $50,000 to $30,000 assessed to Eugene Snow, and
WHEREAS, the 1995 Town and County taxes have been calculated on the reduced assessment per the court order, however, the returned Watkins Glen Central School taxes were not reduced due to a lack of notification to the school district and the county.
NOW, THEREFORE, BE IT RESOLVED, that the 1995 Town of Hector Tax Warrant be reduced by a total of $1,639.21 for the returned Watkins Glen Central School District and that the returned school taxes on the 1995 Town and County tax bills be corrected to read $546.40 for each of the above referenced tax map numbers and the Watkins Glen Central School return be reduced by $1,531.98.
Vote: Passed 7-0.
Legislator Fitzsimmons left at 9:05 p.m.
REPORT ON STANDING COMMITTEES: Legislator Halpin reported that in the personnel office there are tapes on managerial subjects. She also stated that she noticed in the Watkins Review that they wished Schuyler County a Happy 140th Birthday. Legislator Karius reported that the agricultural department is losing a couple of people. She said that the closing date for ASCS is March 31, 1995. She said that they are in the process of sending a questionnaire to people to see how much these departments are being used. Legislator Burnside said that the new Watershed Office is very nice and the County Clerk's office is awaiting approval from State DMV office. He also stated that microfilming is going along very well. Legislator Halpin stated that at the NYSAC conference the Comptroller stated that he would lend state auditors to help counties in any way needed.
UNFINISHED BUSINESS: MOTION by Karius, SECOND by Halpin to untable Resolution No. 460-94 and substitute same with a new resolution. Motion carried five ayes to zero noes.
RESOLUTION NO. 460-94 Motion by Young, second by Karius.
RE: AUTHORIZE MAINTENANCE AGREEMENT FOR GENERATOR - EMERGENCY MANAGEMENT
WHEREAS, the Office of Emergency Management has purchased two generators (one for the Emergency Operations Center and one for the Radio Tower Site) to keep the emergency radio communications systems functional.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into a maintenance contract with RONCO to provide maintenance and service for the Terry Hill generator per written agreement for a period of one year at a cost of $704, and a comprehensive warranty which includes parts, travel time and labor for a period of five years at a cost of $972; subject to approval by the Schuyler County Attorney.
DISCUSSION: Legislator Halpin asked the age of the generator. Legislator Burnside said that it is approximately two years old. Chairman Franzese said that it is not continuously used; that it is a backup generator. Legislator Burnside stated that the argument is that when it goes down it costs a lot of money to repair it.
VOTE: Passed 6-0.
Legislator Smith asked if there was any legal reason why we cannot provide information that the Village is requesting. Attorney Coleman stated that we are working towards giving them this information. Chairman Franzese said that we are still going along with their request. Legislator Smith asked if we still have a court date. Chairman Franzese said that it is scheduled for March 4. Attorney Coleman stated that the District Attorney will make a decision on representing the Village prior to March 4.
NEW BUSINESS: None.
PUBLIC PARTICIPATION - 9:30 P.M.: Mike Myers asked if we are submitting to a site plan or just submitting plans. Attorney Coleman stated that we are only submitting plans. He said that when acting in an emergency situation, we are not subject to local zoning. Legislator Smith stated he understood we are submitting basic plans for site plan review, but are not submitting to a site plan review. Attorney Coleman stated that a site plan review is a process, not a piece of paper. Legislator Smith stated that he felt this conflict is an ego struggle. Casey Creamer stated that relative to Intro. No. 22 he got the impression, that for employees, instead of a strike, they are giving them binding arbitration. He said that the first Whereas implies that the person doing the binding arbitration is totally biased. Chairman Franzese said that it is not in lieu of, that some are given binding arbitration. Legislator Burnside stated that it is a fair deal. Duane Spilde stated that he is no friend of the union and that the Taylor Law already leans toward management positions. He asked why we would support a resolution written by the City of Buffalo that would not affect our county employees. Patty Bilinski stated that this affects our schools more than local government. Mike Myers stated that in talking with the Village that if they were given the chance to give advice, that they would agree more with what was done. Public Participation ended at 9:52 p.m.
MOTION by Burnside, SECOND by Young to go into Executive Session at 9:53 p.m. to discuss litigation. Motion carried six ayes to zero noes. MOTION by Smith, SECOND by Young to offer a settlement agreement to the Village of Watkins Glen per County Attorney letter on file. Attorney Coleman to offer same by letter to Attorney Miller. Motion carried six ayes to zero noes. MOTION by Smith, SECOND by Young to come out of Executive Session at 10:25 p.m.. Motion carried six ayes to zero noes.
RESOLUTION NO. 62 Motion by Young, second by Karius.
RE: AUTHORIZE MANAGEMENT LEVEL SALARY INCREASES FOR 1995
WHEREAS, the County, per Resolution No. 569, authorized 1995 management level salary increases to be awarded pending receipt of a letter from the Department Heads Representative stating there would be no improper practices charges filed against the County, and
WHEREAS, the County is now in receipt of said letter.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature, upon the recommendation of the Administrative Committee, authorize 1995 management level salary increases, to be retroactive to January 1, 1995 as follows:
Building Maintenance Supervisor $30,053
Civil Service Sec'y./Personnel $28,775
Personnel Clerk $17,835
Conf. Sec'y. to County Attorney $17,624
Conf. Sec'y. to District Attorney $10,094
Chief Clerk Elections $12,117
Deputy Clerk Elections $10,167
Emergency Mgmt. Coordinator $27,306
Dep. Emergency Mgmt. Coord. $19,414
Director of Community Services $45,000
Director of Office for the Aging $27,350
Director of Community Dev., et al $26,850
Director of Probation $32,772
Director of Patient Svcs. $36,917
Watershed Inspector $30,350
Deputy Commissioner Social Svcs. $29,900
Director Weights and Measures $ 7,620
Director of Veterans Services $ 7,196
Youth Bureau Director $28,447
Assistant County Attorney $28,940
Assistant District Attorney $18,739
Public Defender $28,352
VOTE: Passed 5-1. (No: Smith)
RESOLUTION NO. 63 Motion by Smith, second by Young.
RE: AUTHORIZE SETTLEMENT AGREEMENT WITH DAVID KELLY
WHEREAS, David Kelly retained counsel in a certain dispute with County of Schuyler arising out of his prior employment with said county, and
WHEREAS, it is in the mutual interest of the parties to settle.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Schuyler County Attorney to offer and approve an offer of settlement of the above-entitled action against the County in the amount of $1,750 to be paid from Judgments and Claims account no. 1930.400.
VOTE: Passed 6-0.
The meeting adjourned at 10:28 p.m.
Gail M. Willis, Clerk
Diane M. Cook, Deputy Clerk
REGULAR MEETING
MARCH 13, 1995
The March 13, 1995 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 Burnside and followed by a Moment of Silence. ROLL CALL: All Legislators were present except for Legislator Young who was excused. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None.
PUBLIC PARTICIPATION - 6:34 P.M.: Lory Peck on Introduction No. 23; Stipulation of Settlement with Charlotte Bond, what is it? Legislator Hastings and Attorney Coleman explained the purpose of the resolution. Lory Peck said that he noticed that the County started using a new paycheck color and changed banks. He wanted to know how Fleet Bank was picked? Patty Bilinski, Deputy Treasurer, stated that it is just a new looking check and that payroll accounting has always been done at Fleet Bank. Lory Peck stated that Fleet Bank is charging its customers $5.00 a month for having direct deposit. Chairman Franzese asked if he had checked with the Treasurer to find out if they were aware of that. Lory stated that the Treasurer's Department said that they were well aware of the situation and that they were trying to fix it. Patty Bilinski stated that they didn't realize that people were being charged, but did know that Fleet Bank was depositing manually. Chairman Franzese thanked Lory for making us aware of the problem and asked Patty Bilinski to follow up. Phil Barnes on Introduction Number 20; the Local Law pertaining to salaries; asked how the figures were computed. He said he would like to know why he is only a receiving $400 raise. He said that he has been working for the County for 21 years and has never complained. Legislator Halpin stated that at the time of the budget there was $25,000 set aside for salaries. She said that some people were not in the proper area of the salary plan, so they were adjusted to bring them up to where they should be. She stated that when someone is hired, their salary starts somewhere between the minimum and mid-range. After someone hits their mid-range, their rate of increases goes up more slowly. She stated that when someone reaches their maximum, they will no longer receive rate increases. Phil Barnes stated that in 1990 there was a salary plan in effect. He said he took a pay cut when he became Undersheriff. He would like to know why other people received 3-4% pay raise and he is not even receiving 2%? Legislator Halpin stated that the salary plan would have to be looked at to see if it is set correctly for his position. She asked Phil Barnes to put his ideas in writing and she would submit them to the Administrative Committee. Mary Hoover reiterated the Undersheriff's position. She stated that he does work diligently. She said that the amount of years he has worked in the Sheriff's department should also be taken into consideration. Legislator Smith stated that the department heads need to know that Legislator Fitzsimmons did submit a different salary plan in which we did look at the Undersheriff's position. Chairman Franzese said she asked at the Legislative Committee meeting if there was any desire to amend and there was no desire. Legislator Smith stated that the sponsor of that resolution was not available to be at that meeting for the vote. Casey Creamer said that his impression is that Phil Barnes is not being appreciated. Chairman Franzese stated that when the management salary plan was first worked out, we tried to be fair. She said she personally wished that there were more dollars to be used for the raises. She said that when the money was put in the budget for the raises, no one knew what the raises would be, this was to be worked out later. She stated that it was set up in the fairest way possible. Legislator Halpin stated that when the management salary plan was instituted, the thought was that it was fair. She states that it is a very good plan, but it is not perfect and that all the employees are not exactly where they should be. She said that the Legislature did make a decision not to base salaries on the performance evaluations this year. She stated that they tried to give 6% over the last two years. Tom Ryan on Introduction Number 3; Civil Service Law, Section 61; why are we changing this? He stated that if it was changed from three to ten, then it opens it up for favoritism. He asked what was gained out of ten? Legislator Halpin stated that it gives more flexibility. She stated that all ten must meet the minimum qualifications for the job. Chairman Franzese said that the Civil Service Commission recommends this change. Legislator Burnside stated that on the list of ten instead if three, if you wanted to hire three people, then you would have to hire the three on the list. He said that if there was a list of ten, there would be more choices. Public Participation ended at 7:10 p.m.
PRESENTATION - DAVID SKEVAL, FOREST PRACTICE BOARD - 7:11 P.M.: David gave a synopsis of what the Forest Board is. He stated that better education of the landowner on how to use the land is needed. Our County is located in Region 8 and our region office is in Bath. The first issue to be discussed is the State Budget and how it will affect the Department of Environmental Conservation, Division of Lands and Forests. There is a proposed $1 million budget cut, which equivalates to 29 positions, all of which are forester positions. Also proposed to be cut are the Cooperative Forest Management Program and Utilization and Management Program. He said that there are too many budget cuts being done in this area in New York State. The second issue he discussed was timber theft. There is $50,000 worth of timber being stolen each month because timber theft does not usually get reported. He stated that criminals are hard to civilly and criminally pursue. Civil suits are likely to be pursued, but cannot collect monetarily and criminal pursuit is considered grand larceny. To pursue criminally, willful intent must be proven. He stated that professional timber thieves move boundary lines, which causes difficulty in prosecuting. People need to get together to show landowners how to deter thieves. The last issue was the Right to Practice Forestry Act, which is going through State Legislation right now. The Right to Farm Act passed last year. He stated that the forest production industry in New York State is getting smaller. He stated that the timber being cut is smaller and that the industries in Pennsylvania are using these product forms. He stated that we have a tremendous resource here. Legislator Hastings asked how many acres of timber are there, other than NYS lands. Dave stated that 65% of Schuyler County is forested. He said that he does not have the exact number, but NYS forest land makes up 85%. Legislator Hastings asked how much timber theft is occurring in Schuyler County. Dave stated that he wasn't sure, but a single red oak is worth $500. Legislator Fitzsimmons stated that a few years ago an estimate was given that forest can be increased by 50%; is this still the case? Dave stated that he thinks that it is still true. He said that the forest is growing three times faster than is being harvested. He said that small saw mills are going out of business. He wants to see growth continue, and the key is education of the private land owner.
PRESENTATION - CORRY BUCKWALTER, AGRICULTURAL DISTRICT - 7:30 P.M.: Corry stated that she is currently working with the Town of Hector Planning Board on setting up the Agricultural District. She stated that their Board has approved the District. She said that there will be a Public Hearing held no later than May 10. One month after the Public Hearing, the issue will be sent before the Legislature to decide to adopt or reject the plan. She stated that the District does not give a lot of benefits, but does promote economic activities of farmers. Legislator Halpin stated that assuming the Legislature does approve these parcels and they become an Agricultural District, what if Town of Tyrone wants to become an Agricultural District; are they considered a separate Agricultural District? Corry stated that they would be separate. She said that the Towns of Tyrone and Reading are currently being looked at for placement of an Agricultural District. She stated that she would like to look at a County wide district, but the Commission of Agriculture and Markets does not approve. Chairman Franzese asked what the district would be called. Corry said probably the Hector Agricultural District. Chairman Franzese asked that by being a district, aren't they entitled to some exemptions? Corry stated that they receive a fire exemption. She said that the district has term reviews, either eight, ten, or twenty years. Chairman Franzese stated that she is happy to see this move along and she would like to give the rest of the County the opportunity to join as well. Presentation ended at 7:43 p.m.
RESOLUTION NO. 64 Motion by Fitzsimmons, Second by Halpin.
RE: APPROVE MINUTES OF THE FEBRUARY 15, 1995 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the February 15, 1995 Regular Meeting of the Schuyler County Legislature be approved.
DISCUSSION: Legislator Fitzsimmons stated that lobe testing should be load testing.
VOTE: Passed 7-0.
MOTION by Smith, SECOND by Fitzsimmons, that the Chairman not read the resolutions by title. Motion carried seven ayes to zero noes.
RESOLUTION NO. 65 Motion by Smith, Second by Fitzsimmons.
RE: AUTHORIZE THE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE AND THE SCHUYLER COUNTY SHERIFF TO SIGN A CONTRACT WITH THE UNITED STATES MARSHAL'S SERVICE FOR THE BOARDING OF FEDERAL PRISONERS IN THE SCHUYLER COUNTY JAIL
BE IT RESOLVED, that the Chairman of the Legislature and the Schuyler County Sheriff be, and hereby are, authorized to sign an ongoing contract with the United States Marshal's Service for the boarding of federal prisoners in the Schuyler County Jail ($61 per prisoner, per day) subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 66 Motion by Smith, Second by Fitzsimmons.
RE: AUTHORIZE CREATION AND FILLING OF TEN PART-TIME POSITIONS - SHERIFF'S DEPARTMENT
WHEREAS, it is necessary for the good operation of the Schuyler County Jail to have sufficient part-time employees to fill in for full-time employees when they are on leave, and
WHEREAS, it is cost effective to use part-time employees in these situations rather than to pay overtime rates, and
WHEREAS, it is the recommendation of the Public Safety Committee to permit these positions to be established and filled because this will be more cost effective.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the creation of six part-time Correction Officer positions and four part-time Deputy Sheriff positions in the Schuyler County Sheriff's Department, said positions having been titled by the Civil Service Commission, and
BE IT FURTHER RESOLVED, that such positions will be funded out of current budget allocations in the Sheriff's 1995 budget.
VOTE: Passed 7-0.
RESOLUTION NO. 67 Motion by Smith, Second by Fitzsimmons.
RE: SUPPORT LEGISLATION TO AMEND CIVIL SERVICE LAW, SECTION 61
WHEREAS, Section 61 of New York State Civil Service Law mandates the selection of individuals from Eligible Lists must come from the top three individuals, and
WHEREAS, this section of law was written many years ago when governments were small, the number of people on eligible lists were few, and it was rare to have more than one vacancy being filled at a time, and
WHEREAS, employment in the public sector has changed dramatically and a rule of ten, rather than three, would broaden the choice while at the same time maintaining the objectivity of the Civil Service testing process.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby support the amendment of Civil Service Law Section 61 to change the Rule of Three to a Rule of Ten, and
BE IT FURTHER RESOLVED, that copies of this resolution be sent to all Schuyler County School Superintendents, Town Supervisors, and Village Mayors asking them to voice their support of this change also, and
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Governor Pataki, Senator Kuhl, and Assemblyman Davidsen.
DISCUSSION: Legislator Hastings asked if this is to address some department heads' concerns? Legislator Fitzsimmons stated that there have been instances where people have been hired prior to testing, then they did not finish in the top three, so had to let them go. Chairman Franzese stated that the way the law is now, if one is disqualified from the list, then there are only two names left to chose from. Dave Lisk stated that as a department head, it would be a welcome change. Barb Regan also agreed that it would be a welcome change. Legislator Burnside stated that only three states does not use the rule of ten and that we are one of them.
VOTE: Passed 7-0.
RESOLUTION NO. 68 Motion by Hastings, Second by Burnside.
RE: INCREASE APPROPRIATIONS - SCHUYLER HOSPITAL, INC. - MENTAL HEALTH
WHEREAS, the State Aid approved for Schuyler Hospital, Inc. for 1994 exceeds the amount previously requested and approved in this year's contract.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the amended agreement and increased appropriation of $3,323.00 to accounts 4310.3490 and 4322.506. It is understood that no additional County monies will be involved in this transaction.
VOTE: Passed 7-0.
RESOLUTION NO. 69 Motion by Hastings, Second by Burnside.
RE: INCREASE APPROPRIATIONS - SCHUYLER ARC - MENTAL HEALTH
WHEREAS, additional State Aid has been approved for Schuyler ARC for 1994 in the amount of $32,286.00, and
WHEREAS, this increases the previously requested and approved amount to $92,574.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the amended agreement and increase appropriation of $32,286.00 to accounts 4310.3490 and 4322.504. It is understood that no additional County monies will be involved in this transaction.
VOTE: Passed 6-0. (Abstention: Smith due to employment).
RESOLUTION NO. 70 Motion by Hastings, Second by Burnside.
RE: APRIL - ALCOHOL AWARENESS MONTH
WHEREAS, the consumption of alcohol and other drugs often results in enormous personal, economic and social consequences for many individuals, and
WHEREAS, it is essential that a full range of appropriate and needed alcoholism and substance abuse treatment and prevention services remain available and accessible in the community, providing a continuum of quality programming in a cost-efficient and effective manner for addicted persons, family members and others at risk.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature extends its recognition and appreciation to all the staff at the Schuyler Hospital Alcohol Clinic and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. for the important and dedicated services they provide, and
BE IT FURTHER RESOLVED, that this Legislature recognizes April as Alcohol Awareness Month.
VOTE: Passed 7-
RESOLUTION NO. 71 Motion by Burnside, Second by Karius.
RE: TRANSFER OF FUNDS - RECORDS MANAGEMENT
WHEREAS, the funds for the shelving for the records storage center are appropriated in .438 supplies account and need to be transferred into .249 shelving account.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $8,600 from account no. 1460.438-1464 into account no. 1460.249-1464.
VOTE: Passed 7-0.
RESOLUTION NO. 72 Motion by Burnside, Second by Karius.
RE: AUTHORIZE OUT OF STATE TRAVEL - PLANNING
WHEREAS, the American Planning Association annual conference is being held in Toronto, Canada, in April 1995, and
WHEREAS, due to the proximity of the conference to Schuyler County by driving distance, and
WHEREAS, the Legislative Planning Committee recommends that the County Planning Director attend the 1995 conference within the allocated budget.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Director be authorized to attend the 1995 American Planning Association conference in Toronto, Canada, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature notify the County's insurance carrier of said travel.
VOTE: Passed 7-0.
RESOLUTION NO. 73 Motion by Burnside, Second by Karius.
RE: STABILIZE FUNDING AND UPDATE THE PARTIAL STATE REIMBURSEMENT FOR THE OPERATION OF COUNTY AND CITY VETERAN'S SERVICE AGENCIES
WHEREAS, New York State is the home of over two million veterans, and
WHEREAS, applications and claims for veteran's entitlements are frequently complicated and confusing, and require skilled assistance in proper filing, and
WHEREAS, County and City Veteran's Service Agencies provide the majority of advocacy services for New York State Veterans, and
WHEREAS, the State of New York provided a formula in 1945 for the partial reimbursement of the operating expenses of said agencies, and
WHEREAS, the operating expenses of said agencies have increased over 300% since the 1945 reimbursement formula was established, but without any increase in the 1945 reimbursement rate, and
WHEREAS, payment of the partial State reimbursement to County and City Veteran's Service Agencies is at the discretion of the Director of the State Division of Veterans Affairs.
NOW, THEREFORE, BE IT RESOLVED, that Schuyler County urges the New York State Legislature to amend Section 359 (1) of New York State Executive Law by eliminating the discretionary provision for the partial State reimbursement to County and City Veteran's Service Agencies by deleting the word may and substituting the word shall in lieu thereof, and
BE IT FURTHER RESOLVED, that the New York State Legislature be urged to further amend Section 359 (1) of the New York State Executive Law to update the formula for partial State reimbursement to County and City Veteran's Service Agencies, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward certified copies of this resolution to Governor George Pataki, Senator John Kuhl, Assemblyman Donald Davidsen, Chairman of Senate Veterans Affairs Committee Michael J. Hoblock, Jr., Chairman of the Assembly Veterans Affairs Committee Ronald C. Tocci, Senate Majority Leader Joseph Bruno, Assembly Minority Leader Clarence Rappleyea, Assembly Speaker Sheldon Silver, Legislative Director of NYSAC Beth Saint Dennis, and President of NYSAC Joseph Eade.
VOTE: Passed 7-0.
RESOLUTION NO. 74 Motion by Karius, Second by Burnside.
RE: AMEND 1995 BUDGET - DEPARTMENT OF SOCIAL SERVICES
WHEREAS, the Schuyler County Department of Social Services has 100% reimbursement funds available through the New York State Department of Social Services for the relocation and hard wiring of BICS computer equipment, and
WHEREAS, the Schuyler County Buildings and Grounds has completed said relocation and hard wiring of BICS computer equipment and has submitted vouchers to the Schuyler County Department of Social Services in the amounts of $2,145.56.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendations of the Human Services Committee, that the Schuyler County Department of Social Services Budget for 1995 be altered and modified as follows:
1. Increase account no. 6010.208 by $2,145.56
2. Increase account no. 6010.3610 by $2,145.56
VOTE: Passed 7-0.
RESOLUTION NO. 75 Motion by Karius, Second by Burnside.
RE: AUTHORIZATION TO SOLICIT QUOTES FOR ENGINEERING SERVICES FOR THE REBUILDING OF FITZPATRICK HILL BRIDGE - BIN #3332550
WHEREAS, Fitzpatrick Hill Bridge, BIN #3332550 is in need of rebuilding, and
WHEREAS, it is the recommendation of the Superintendent of Highways and the Highway Committee to solicit quotes for engineering services for this structure.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to solicit quotes for engineering services for the rebuilding of Fitzpatrick Hill Bridge, BIN# 3332550.
VOTE: Passed 7-0.
RESOLUTION NO. 76 Motion by Karius, Second by Burnside.
RE: AUTHORIZE ACCEPTANCE OF COPS FAST GRANT
WHEREAS, monies have been provided under the Federal Crime Control Bill for the hiring of additional police officers for municipalities, and
WHEREAS, Sheriff Michael Maloney was granted permission to apply for such funds by the County Legislature, and
WHEREAS, a grant in the amount of $59,000 (for three years) has been awarded to the Schuyler County Sheriff's Department under this bill, and
WHEREAS, the Sheriff's Department and County Jail lost two positions in the 1994 budget process, and
WHEREAS, it is the desire of this Legislature to provide adequate police protection for the residents and Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, per Resolution No. 49-95, that the Chairman of the Legislature and Schuyler County Sheriff be authorized to accept the COPS FAST Federal grant using the 25% match of $4,916.66 ($14,750.00 for 3 years) appropriated in account number 3110.100.
DISCUSSION: Legislator Halpin stated that this is a matter of perception of what our needs are in public safety. She stated that she has never not felt safe. She said that there is currently a resolution in effect for a freeze on hiring. If we are to hold a line on spending, then positions may have to be decreased. She stated that when it comes time to decrease positions, she hopes that the Sheriff's department is looked at closely. Legislator Burnside said that this money would be received over a three year time period and that we have to come up with a 25% match. Legislator Hastings stated that we are not hiring a position that was not budgeted. Legislator Burnside stated that no, this position was not budgeted for. This is an open grant and that someone would have to be hired. Legislator Hastings stated that this is in the Sheriff's budget. Phil Barnes stated that they will match this and that it is already authorized in which there is nothing to lose. Chairman Franzese stated that it is a three year commitment, but over the long run a position can be phased out. Legislator Fitzsimmons stated that Legislator Halpin's comments were well put concerning next year's budget. He stated that the grant can always be returned, and that this is a real possibility. He thinks that all options should be kept open.
VOTE: Passed 6-1. (No: Halpin).
RESOLUTION NO. 77 Motion by Hastings, Second by Smith.
RE: AUTHORIZE CONTRACT WITH CONNIE E. LUCIA 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, and
WHEREAS, the percentage of local cost, after private insurance and Medicaid are billed, is 50%.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an ongoing contract with Connie E. Lucia, to provide early intervention services, effective April 1, 1995, at rates set by the New York State Department of Health, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 78 Motion by Hastings, Second by Smith.
RE: AUTHORIZE AGREEMENT WITH HEALTH RESEARCH, INC./NYSDOH AIDS INSTITUTE, HOME HEALTH CARE PROGRAM FOR PERSONS WITH HIV INFECTION
WHEREAS, the New York State Department of Health AIDS Institute, HIV Home Care Uninsured Fund is designed to provide access to home health care services for uninsured and under-insured persons who are HIV positive, and
WHEREAS, this Home Care program will provide reimbursement for home health services to HIV-infected New York State residents who are uninsured or underinsured if they meet certain medical and financial criteria, and
WHEREAS, the Schuyler County Home Health Agency may apply to this program by completing and signing a Provider Agreement with Health Research, Inc./NYSDOH AIDS Institute, Home Health Care Program for Persons with HIV Infection.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign this agreement with Health Research, Inc./NYSDOH AIDS Institute, Home Health Care Program for Persons with HIV Infection, subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the effective date of the agreement shall be the date on which the agreement is approved and dated by the program and shall remain in effect until terminated in accordance with the terms of the agreement.
VOTE: Passed 7-0.
RESOLUTION NO. 79 Motion by Hastings, Second by Smith.
RE: NON-PUBLIC USE DETERMINATION/SURPLUS - COUNTY REAL PROPERTY SITUATED ON BELLE CORNELL DRIVE - AUTHORIZATION FOR ADVERTISING FOR BIDS AND SALE
WHEREAS, the County of Schuyler is the current owner of certain lands on Belle Cornell Drive (formerly Cornell), which the Buildings and Grounds Committee recommends be determined by this Legislature to be no longer necessary for County public use, pursuant to County Law Section 215, Subsec. 5, and
WHEREAS, the Assessment and Taxation Committee has recommended that the property should be put up for bid in three different options; as a whole five acre parcel and two (2) two and one-half acre parcels, and
WHEREAS, the Real Property Tax Office has added a division line to a survey map dated January 8, 1974 by Lozier Engineers, showing the two 2.5 acre lots.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, Subsection 5, that the aforedescribed real property be, and hereby is, determined to be no longer necessary for public use such that the County may sell and convey all of its rights, title and interest therein, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature be, and hereby is, authorized to advertise for bids for same, with the right to accept or reject any and all bids, and
BE IT FURTHER RESOLVED, that this Resolution shall be effectively adopted upon the affirmative vote of 2/3 of the total membership of the County Legislature.
VOTE: Passed 7-0.
RESOLUTION NO. 80 Motion by Hastings, Second by Smith.
RE: AUTHORIZE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE TO SIGN EXTENSION TO COASTAL LUMBER COMPANY - BUILDINGS AND GROUNDS
WHEREAS, Resolution No. 326-93 accepted the timber bid of $5,762.60 from Coastal Lumber, and
WHEREAS, Coastal Lumber has paid for said timber but has been unable to harvest yet.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to execute an addendum to the contract with Coastal Lumber Company to extend the expiration date to August 31, 1995, under the same terms and conditions, subject to the approval of the County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 81 Motion by Hastings, Second by Smith.
RE: AUTHORIZE EISEP CONTRACT - OFFICE FOR THE AGING
BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute a contract on behalf of the Office for the Aging for the EISEP Program for the period 4/1/95-3/31/96 at a cost of $46,000.00 ($4,000 County cost); subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 82 Motion by Hastings, Second by Smith.
RE: AUTHORIZE MEMORANDUMS OF UNDERSTANDING WITH DEPARTMENT OF SOCIAL SERVICES AND HOME HEALTH - OFFICE FOR THE AGING
BE IT RESOLVED, that the Office for the Aging be authorized to enter into Memorandums of Understanding with the Department of Social Services and Home Health Agency to provide, among other things referral and assessment services for the EISEP Program, there being no cost involved.
VOTE: Passed 7-0.
RESOLUTION NO. 83 Motion by Hastings, Second by Fitzsimmons.
RE: TRANSFER OF FUNDS - MEDICAL SCHOLARSHIP
BE IT RESOLVED, that the County Treasurer be authorized to transfer $1.00 from Contingency account no. 1990.5 to Medical Scholarship account no. 2980.418.
VOTE: Passed 7-0.
RESOLUTION NO. 84 Motion by Hastings, Second by Karius.
RE: ADOPT INCREASE OF THE SLIDING SCALE
WHEREAS, the Senior Citizens' Exemption (Real Property Tax Law Section 467) sliding scale has been modified from $600 to $1000 increments for the forty-five, forty and thirty-five percent exemption, and $900 for the remaining steps, and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee that said modification be implemented.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature here adopt the sliding scale increase for the Senior Citizens' Exemption as follows:
ANNUAL INCOME OF OWNER OR PERCENTAGE ASSESSED
COMBINED ANNUAL INCOME OF VALUATION EXEMPT
OWNERS FROM TAXATION
Up to 10,000 50%
10,000 or more, but less than 11,000 45%
11,000 or more, but less than 12,000 40%
12,000 or more, but less than 13,000 35%
13,000 or more, but less than 13,900 30%
13,900 or more, but less than 14,800 25%
14,800 or more, but less than 15,700 20%
VOTE: Passed 6-1. (No: Halpin).
RESOLUTION NO. 85 Motion by Hastings, Second by Fitzsimmons.
RE: SUPPORT TIMELY ADOPTION OF STATE BUDGET
WHEREAS, the Legislature has found that as farm taxes rise potentially productive agricultural land is often converted to non-agricultural uses, and
WHEREAS, it is the finding and declaration of the State Legislature that agricultural lands are irreplaceable state assets, and
WHEREAS, the State Budget proposed by Governor Pataki is balanced through spending cuts rather than higher taxes, and
WHEREAS, the proposed spending reductions are in the fastest growing areas of state spending (Medicaid and welfare programs), and
WHEREAS, there is proposed over $1 billion in mandate relief, and
WHEREAS, on average, 60% of local budgets are mandated by the state government, and
WHEREAS, the high cost of mandated programs paid at the local level have produced local property taxes on farms which are three times the national average, and
WHEREAS, we must reduce the cost of government to taxpayers and businesses, including farming.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Agricultural and Natural Resources Committee, the Schuyler County Legislature supports the above principles as presented in the New York State Budget proposed by Governor Pataki, and
BE IT FURTHER RESOLVED, upon the recommendation of the Agricultural and Natural Resources Committee, the Schuyler County Legislature urges the members of the New York State Legislature to adopt a budget on time and in accordance with the above principles.
VOTE: Passed 7-0.
RESOLUTION NO. 86 Motion by Hastings, Second by Karius.
RE: CHARLOTTE L. BOND -VS- COUNTY OF SCHUYLER; AUTHORIZE STIPULATION OF SETTLEMENT
WHEREAS, Charlotte L. Bond commenced legal proceedings against the County of Schuyler on January 17, 1994 concerning the cancelling and annulling of certain past taxes on real estate parcel number 12.-1-13.2, and
WHEREAS, a Stipulation of Settlement was provided by Edward Y. Crossmore, Esq., attorney for Charlotte L. Bond, to Dennis J. Morris, Esq., Assistant County Attorney on or about September 6, 1994, and
WHEREAS, such Stipulation of Settlement was approved for signature by the Assessment and Taxation Committee on February 17, 1995, and
WHEREAS, the separate amounts of certain taxes referred to herein as being owed on said property total $6,925.21 (unpaid) and $5,276.34 (paid) as of February, 1995. Pursuant to the terms of the Stipulation of Settlement, the amount of such taxes owed shall be reduced by sixty percent (60%).
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes and approves the settlement of the above-entitled action against the County, and
BE IT FURTHER RESOLVED, that this Legislature hereby authorizes Dennis J. Morris, Esq, Assistant County Attorney, to execute all documents in furtherance of such Stipulation of Agreement, and
BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the Treasurer to charge back to the school the appropriate portion of the due taxes.
VOTE: Passed 7-0.
RESOLUTION NO. 87 Motion by Hastings, Second by Karius.
RE: PERSONNEL ACTIONS
APPOINTMENTS:
EFFECTIVE
NAME
TITLE
DEPT
DATE SALARY
TYPE
Cady, William Social Welfare Examiner
Social Svcs.
02/06/95 17,223
P/Cont.
Black, Timothy Social Welfare Examiner
Social Svcs. 02/06/95
17,223
Perm
Landon, Carolyn Typist PT
Probation
02/21/95 7.6732
Prov
Rautio, Ruth Social
Welfare Examiner Social Svcs.
02/13/95
17,223
P/Cont
Pelow, Charlene Social Welfare Examiner
Social Svcs. 02/13/95
17,223
Perm
APPOINTED OFFICIALS:
Leahey, Joseph Commissioner
Elections
02/09/95 - 1,700
Term
Democratic 12/31/96
Richards, Rex Commissioner
Elections
02/09/95 - 1,700
Term
Republican 12/31/96
LEAVES OF ABSENCE:
NAME
TITLE
DEPT
DATE
Wood, Cheryl
Caseworker
Social Svcs.
01/31/95-02/28/95 (Sick leave)
OTHER:
Sirrine, Catherine Commissioner
Elections
01/01/95-02/09/95
(In holdover position/Increase in Salary)
Spaulding, Breck Deputy Sheriff
Sheriff
02/19/95
(Increase to Full-Time/Increase in Salary)
RESIGNATIONS:
Black, Timothy Social Welfare Examiner Social Svcs. 02/10/95
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 7-0.
RESOLUTION NO. 88 Motion by Karius, Second by Burnside.
RE: AUTHORIZE PAYMENT OF LEGAL SERVICES BILL FROM JUDGMENTS AND CLAIMS
WHEREAS, the County is in receipt of a bill for 1994 legal services involving the Sheriff's Department.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to pay the 1994 bill to Davidson and O'Mara law firm in the amount of $552.97 from Judgments and Claims account no. 1930.400.
VOTE: Passed 7-0.
RESOLUTION NO. 89 Motion by Karius, Second by Burnside.
RE: AUTHORIZE PAYMENT OF TRANSCRIPTION SERVICES BILL FROM JUDGMENTS AND CLAIMS
WHEREAS, the County is in receipt of a bill for 1994 transcription services involving an indigent appeal for the Public Defender's Office.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to pay the 1994 bill to Joan Bennett in the amount of $1,762.75 from Judgments and Claims account no. 1930.400.
VOTE: Passed 7-0.
RESOLUTION NO. 90 Motion by Karius, Second by Burnside.
RE: SET DATE/AUTHORIZE CONTRACT - 1995 TAX SALE AUCTION
WHEREAS, the Treasurer's office has been in contact with Matson Auction and Real Estate to handle the 1995 Tax Sale Auction.
NOW, THEREFORE, BE IT RESOLVED, that the 1995 Tax Sale Auction be scheduled for September 16, 1995 at 10:00 a.m. in the Rural Urban Center, 208 Broadway, Montour Falls, New York, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign the agreement with Matson Auction and Real Estate for auctioneer services for the 1995 Tax Sale Auction; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 91 Motion by Burnside, Second by Smith.
RE: TAXES ON LAND PURCHASED BY THE UNITED STATES GOVERNMENT
WHEREAS, the United States Government has purchased the following parcels of land:
Tax Map # Assessment
Recorded
8.-1-19.21 $ 3,800
Liber 302, Page 408-412 12/29/94
8.-1-19.22 $ 7,600
Liber 302, Page 408-412 12/29/94
Portion 8.-1-17 $29,450
Liber 302, Page 408-412 12/29/94
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 the deeds on the listed parcels and chargeback to the Town of Hector their portion of the taxes.
VOTE: Passed 7-0.
RESOLUTION NO. 92 Motion by Burnside, Second by Smith.
RE: AUTHORIZE BIDS FOR ABSTRACTING SERVICES FOR 1995 TAX SALE AUCTION PROPERTIES
BE IT RESOLVED, that the Clerk of this Legislature be, and hereby is, authorized to advertise for bids for abstracting services for the 1995 tax auction properties, and
BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 p.m. on March 31, 1995 by the Clerk of the Legislature, 105 Ninth Street, Watkins Glen, NY. Bids are to be opened and considered at the Finance Committee Meeting at 9:00 a.m. on April 3, 1995 at which time recommendation for Legislative action will be made; acceptance or rejection of bids to be made at the April 10, 1995 Regular Meeting of the Legislature; the County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 7-0.
RESOLUTION NO. 93 Motion by Burnside, Second by Smith.
RE: AMEND FIXED ASSETS POLICY
WHEREAS, it is the desire of this Legislature to cooperate with departments to make operations efficient, and
WHEREAS, the Treasurer has recommended that the value to determine whether or not an item or group of items is listed as a fixed asset be lowered from $500 to $100.
NOW, THEREFORE, BE IT RESOLVED, that the Fixed Assets Policy be amended to state that the value of items to be included in the inventory of fixed assets be $100 in order that the list of fixed assets and the list of items for insurance purposes can be the same list.
VOTE: Passed 7-0.
RESOLUTION NO. 94 Motion by Hastings, Second by Fitzsimmons.
RE: APPROVE CORRECTION TO 1995 TAX WARRANT - NARDE - TOWN OF DIX
WHEREAS, a copy of a decision by Supreme Court Justice William N. Ellison has been received reducing the assessment for tax map number 65.9-2-59 assessed to Donald A. Narde, Jr. from $90,000 to $32,000.
NOW, THEREFORE, BE IT RESOLVED, that the 1995 Tax Warrant for the Town of Dix be reduced by a total of $1,789.06, and
BE IT FURTHER RESOLVED, that the County Treasurer charge the county's share of $699.93 to the proper accounts, charge back to the Town of Dix their share of $167.17 and charge back to the Watkins Glen Central School District their share of $922.26.
VOTE: Passed 7-0.
RESOLUTION NO. 95 Motion by Hastings, Second by Fitzsimmons.
RE: APPLICATION FOR PRIVATE INDUSTRY COUNCIL'S (PIC) TITLE IIB SUMMER YOUTH 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 the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Youth Bureau Director be authorized to hire three Youth Employment Training Coordinators, one to start in May and two in June. Funds for all three positions are 100% reimbursable through PIC.
VOTE: Passed 7-0.
REPORT ON STANDING COMMITTEES: Legislator Halpin stated that the Administrative Committee is working to make adjustments on the management salary plan. Legislator Hastings stated that Willie Pittman will be getting notification to move. She stated that he will take all the Schuyler County files, and Willie is requesting space in Tom's office without paying rent. Legislator Hastings stated that the Assessment and Taxation Committee had a noon meeting to discuss the budget situation. She said they made a recommendation to the Finance Committee on some ways to make the budget process better. Legislator Fitzsimmons stated that Pete Canfield will join the Human Services Committee at 1:00 to report on job placement. Legislator Halpin stated that the Treasurer is still working with the Personnel office for the best use of her personnel and that she is working on a duties statement. Legislator Fitzsimmons stated at the next highway meeting that Bill Randolph will be attending to talk about radio repair, and that at the April meeting, Mike Hatterly will be attending to discuss highway maintenance. Legislator Burnside stated that the Sheriff gave a good presentation and that all the questions were answered.
UNFINISHED BUSINESS: None.
NEW BUSINESS: None.
PUBLIC PARTICIPATION - 9:00 P.M.: Mike Myers asked what is going on with the radio tower. Chairman Franzese stated that nothing new has been happening. Jim Coleman stated that there is supposedly a letter coming to the Legislature, but we have not received it yet. Public Participation ended at 9:02 p.m.
MOTION by Halpin, SECOND by Fitzsimmons to go into Executive Session at 9:04 p.m. to discuss employee history. Motion carried seven ayes to zero noes.
MOTION by Smith, SECOND by Burnside to come out of Executive Session. Motion carried seven ayes to zero noes.
The meeting adjourned at 9:45 p.m.
Gail M. Willis, Clerk
Diane M. Cook, Deputy Clerk
REGULAR MEETING
APRIL 10, 1995
The April 10, 1995 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:34 p.m. The Pledge of Allegiance was led by Legislator Young and followed by a Moment of Silence. ROLL CALL: All Legislators were present. Legislator Smith arrived at 6:50 p.m. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None.
PUBLIC PARTICIPATION - 6:36 P.M.: Chairman Franzese made note that many students were here from Elmira College, who were taking Grant Writing courses. Lory Peck wanted to make a public announcement concerning a presentation at the Watkins Glen High School by an organization called A.A.C.T., an AIDS awareness organization. He said that it was headed by Watkins Glen High School Teacher/Advisor Ms. Huston. He said that this was taking place the first week of May, and that it was open to the public on May 5, 1995. Chairman Franzese asked if the quilt was still being added on to? Lory stated that it was. Anne Balch, Commissioner of Social Services, on Introduction No. 34; Authorize Home Health to Create and Fill Personal Care Aide Position. She said that her department uses the Home Health Agency for many reasons, and she currently has 15 clients that see the Home Health Agency. She said that the Home Health Agency cannot do without this position. Barbara Regan, Director of Patient Services, on Introduction No. 34 also, stated that at home care is much cheaper than nursing home care and that it would help her department immensely to have this position. She said that she has had to turn down clients for lack of personnel to care for them. She said that she has the clients, she needs the staff to support them. Alfonso Fiorille, Director of Real Property Tax Agency, on Introduction No. 40; Hiring of Real Property Tax Assistant and Trainee. He said that the position that will come open the end of the month has to be filled in order to complete the work in the office, without this position the work on the taxes would not be able to be accomplished. Public Participation ended at 6:46 p.m.
Legislator Young suggested that Chairman Franzese take as many resolutions at once as possible. Legislator Hastings said that she would be voting no on all resolutions with vacancies until after the State Budget is released. Legislator Halpin also noted that most of the resolutions dealing with positions in Human Services and Public Health will have to be looked at after the State Budget is released. Legislator Young asked if it would be appropriate to table the resolutions that deal with filling vacancies. Legislator Hastings stated that she was only voting no on the positions in Human Services, but will be voting yes on some other positions. Chairman Franzese said that these positions should be looked at on an individual basis. MOTION by Young to table all Human Services resolutions dealing with filling vacancies, SECOND by Hastings. After further discussion, Legislator Young withdrew his motion.
RESOLUTION NO. 96 Motion by Burnside, Second by Young.
RE: APPROVE MINUTES OF THE MARCH 13, 1995 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the March 13, 1995 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 7-0.
RESOLUTION NO. 97 Motion by Karius, Second by Young.
RE: AUTHORIZE PURCHASE OF HOT MEAL CARRIERS/TRANSFER OF FUNDS - OFFICE FOR THE AGING
WHEREAS, the Office for the Aging budgeted $700 for hot meal carriers in the appropriate state budget line item, however the county budget line item requirement is different.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $140.00 from Office for the Aging account no. 6772.438 to 6772.200 for the purchase of hot meal carriers.
VOTE: Passed 8-0.
RESOLUTION NO. 98 Motion by Karius, Second by Young.
RE: AUTHORIZATION TO FILL PARALEGAL VACANCY - DEPARTMENT OF SOCIAL SERVICES
WHEREAS, the Civil Service exam results for the part-time Paralegal position in the Department of Social Services have been certified by the Civil Service Commission, and
WHEREAS, it appears that the provisional appointee is not reachable on the eligible list, and
WHEREAS, this position is responsible for, among other things, in-house fraud investigations in cooperation with the Sheriff's Department Investigator (23 from 1/1/95-2/28/95 resulting in 3 arrests for fraud of over $8,000), fair hearings (none so far in 1995), recoupment of overpayments to closed cases (totalling $6,655 in 1995), and
WHEREAS, these functions are essential to the operation of the Department and cannot be assumed by any other worker.
NOW, THEREFORE, BE IT RESOLVED, per Resolution No. 49-2/15/95, that the Department of Social Services be authorized to fill the position of Paralegal, 15 hours per week, with an annual salary of $12,873, from budgeted funds.
VOTE: Passed 6-2. (Noes: Hastings, Halpin)
RESOLUTION NO. 99 Motion by Karius, Second by Young.
RE: PROCLAIM THE MONTH OF APRIL AS CHILD ABUSE PREVENTION MONTH
WHEREAS, child abuse prevention is a community problem and finding solutions depends on involvement among people throughout the community, and
WHEREAS, statistics of children who are abused and neglected escalate each year, and
WHEREAS, the effects of child abuse are felt by whole communities, and need to be addressed by the entire community, and
WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious organizations, law enforcement agencies, and the business community, and
WHEREAS, youth-serving prevention programs offer positive alternatives for young people and encourage youth to develop strong ties to their community, and
WHEREAS, all citizens should become more aware of child abuse and its prevention within the community, and to become involved in supporting parents to raise their children in a safe, nurturing environment.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim April as Child Abuse Prevention Month in Schuyler County and calls upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in our efforts to prevent child abuse, thereby strengthening the communities in which we live.
VOTE: Passed 8-0.
RESOLUTION NO. 100 Motion by Hastings, Second by Smith.
RE: AMEND SOCIAL SERVICES BUDGET TO INCLUDE GRANT FOR CONSOLIDATED SERVICE PLANNING ACTIVITIES
WHEREAS, New York State Department of Social Services has approved a $4,000 grant for consolidated service planning activities, and
WHEREAS, $1,900 of the grant is for the purchase of personal computer equipment to allow additional capacity in developing outcomes and monitoring progress.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to
make the following budget adjustments:
+ $1,900 to account no. 6010.2.208 to total $5,800
+ $2,100 to account no. 6010.4.0400 to total $2,100
+ $4,000 to account no. 6010.A3510 to total $650,360
VOTE: Passed 8-0.
RESOLUTION NO. 101 Motion by Hastings, Second by Smith.
RE: RE-APPOINTMENT TO LOCAL CONDITIONAL RELEASE COMMISSION
WHEREAS, Ronald G. Alexander was appointed to serve on the Local Conditional Release Commission for a period of four (4) years pursuant to Resolution No. 172 of 1991, and
WHEREAS, said term is due to expire on April 14, 1995, and Mr. Alexander is willing to continue serving on said Commission.
NOW, THEREFORE, BE IT RESOLVED, Ronald G. Alexander be re-appointed to serve on the Local Conditional Release Commission for a term of four (4) years commencing on April 15, 1995 and terminating on April 14, 1999.
VOTE: Passed 8-0.
RESOLUTION NO. 102 Motion by Young, Second by Halpin.
RE: ACCEPT BIDS FOR CRUSHED STONE (LIMESTONE) AND CRUSHED GRAVEL
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bids:
Seneca Stone Corporation, 2105 S. Broadway, Pine City, New York 14871
General Crushed Stone Company, P.O. Box 9, Pre-Emption Road, Oaks Corners, NY 14518
B.R. Dewitt, Inc., 6895 Ellicott Street, Pavilion, NY 14525
Knight Settlement Sand and Gravel, 7291 Knight Settlement Rd., Bath, NY 14810
Copies of bids are available for inspection at the Highway Office or at the Legislative
Office.
VOTE: Passed 8-0.
RESOLUTION NO. 103 Motion by Young, Second Halpin.
RE: ACCEPT BIDS FOR BITUMINOUS MATERIALS
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bids:
Central Asphalt, Div. Suit-Kote Corporation, 20 Fairground Lane, Watkins Glen, NY 14891
Items #1, 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15 ONLY
Vestal Asphalt, Inc., 201 Stage Rd., Vestal, NY 13850
Items #6, 8, ONLY, plus Pugmill, Power Chipper, Mix Paver, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
Penn-Can Road Materials, Inc., P.O. Box 6501, Syracuse, NY 13217
A.L. Blades and Sons, Inc., P.O. Box 590, 7610 County Road 65, Hornell, NY 14843
Copies of these bids are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 7-0. (Abstention: Hastings)
RESOLUTION NO. 104 Motion by Young, Second by Halpin.
RE: ACCEPT BIDS FOR BITUMINOUS CONCRETE ASPHALT
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bids:
Dalrymple Gravel and Contracting Company, Inc., 2105 S. Broadway, Pine City, NY 14871
Seneca Stone Corporation, 2105 S. Broadway, Pine City, NY 14871
Genesee LeRoy Stone Corporation, 6896 Ellicott Street, Pavilion, NY 14525
South Hill Construction Company, Inc., 3636 South Hill Road, Burdett, NY 14818 - PAVER BID
ONLY -
Copies of these bids are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 105 Motion by Young, Second by Halpin.
RE: ACCEPT BIDS FOR READY MIX CONCRETE
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bids:
Dalrymple Gravel and Contracting Company, Inc., 2105 S. Broadway, Pine City, NY 14871
B.R. Dewitt, Inc., 6895 Ellicott Street, Pavilion, NY 14525
Knight Settlement Sand and Gravel, 7291 Knight Settlement Road, Bath, NY 14810
Copies of these bids are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 106 Motion by Young, Second by Halpin.
RE: ACCEPT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND, SELECT GRANULAR FILL
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bids:
Annella Wickham, 2300 Texas Hollow Road, Odessa, NY 14869
R. & L. Perry Construction Company, Inc., 2419 Jennings Road, Watkins Glen, NY 14891
B.R. DeWitt, Inc., 6895 Ellicott Street, Pavilion, NY 14525 (Location of Bank - Hector)
B. & M. Contracting, Box 684, Savona, NY 14879 (Location of Bank - Bradford)
Knight Settlement Sand and Gravel, 7291 Knight Settlement Road, Bath, NY 14810
Maple Terrace Farm Gravel Mine (J. Wickham), 2391 Co. Rte. 10, Alpine, NY 14805
Copies of these bids are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 107 Motion by Young, Second by Halpin.
RE: ACCEPT BID FOR SIGN POSTS, EXTENSIONS, AND SIGN BLANKS
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, a bid received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bid:
Chemung Supply Corporation, P.O. Box 527, Elmira, NY 14902
Copies of this bid are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 108 Motion by Young, Second by Halpin.
RE: ACCEPT BID FOR GUIDERAIL
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, a bid received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bid:
Chemung Supply Corporation, P.O. Box 527, Elmira, NY 14902
Copies of the bid are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 109 Motion by Young, Second by Halpin.
RE: ACCEPT BID FOR SALT BRINE
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, a bid received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bid:
Akzo Nobel Salt, Inc., Abington Executive Park, P.O. Box 352, Clarks Summit, PA 18411
Copies of the bid are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 110 Motion by Young, Second by Halpin.
RE: ACCEPT/REJECT BIDS FOR TREE TRIMMING AND STUMP REMOVAL
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bid:
Dave Day's Tree Service, P.O. Box 162, 52 Rte. 230, Wayne, NY 14893-0162
and,
BE IT FURTHER RESOLVED, that the following bids be rejected:
Area Line and Tree Company, 126 East Bayard Street, Seneca Falls, NY 13148
Monroe Tree Service, 225 Ballantyne Road, P.O. Box 20562, Rochester, NY 14602-0562
Copies of these bids are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 111 Motion by Young, Second by Halpin.
RE: ACCEPT BID FOR TIRES
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, a bid received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bid:
Ron Parmenter Motors, Inc., 2540 State Rte. 14, Montour Falls, NY 14865
Copies of the bid are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 112 Motion by Young, Second by Halpin.
RE: ACCEPT BID FOR NEW CORRUGATED, METAL GALVANIZED PIPE, GALVANIZED AND ASPHALT TREATED PIPE, NEW CORRUGATED METAL PIPE-ARCH, NEW GALVANIZED FLARED END SECTIONS
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, a bid received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bid:
Chemung Supply Corporation, P.O. Box 527, Elmira, NY 14902
Copies of the bid are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 113 Motion by Young, Second by Halpin.
RE: ACCEPT BIDS FOR USED STEEL PIPE, USED RAILROAD RAIL, NEW AND USED STEEL PLATE, STEEL BRIDGE FLOORING, GABION BASKETS, POLY PIPE, NEW AND USED BRIDGE AND SHOP STEEL
WHEREAS, Resolution No. 29 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the regular Highway Committee Meeting on March 20, 1995.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Highway Committee, the Schuyler County Legislature accept the following bids:
Chemung Supply Corporation, P.O. Box 527, Elmira, NY 14902
- Awarded entire bid with the following exceptions:
GABION BASKETS - Item #5 - Awarded #1, 2, 3, 5, 6, ONLY
Charles H. Haynes, Inc., P.O. Box 3009, Syracuse, NY 13220
- ONLY BID GABION BASKETS - Awarded Item # 5 - #4, 7, 8, 9, ONLY
Copies of these bids are available for inspection at the Highway Office or at the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 114 Motion by Young, Second by Burnside.
RE: ENVIRONMENTAL REVIEW OF PROPOSED AGRICULTURAL DISTRICT
WHEREAS, the Schuyler County Legislature received Part I of a Full Environmental Impact Assessment Form for the proposed agricultural district from the Schuyler County Farm Bureau, and
WHEREAS, the Schuyler County Legislature notified agencies of its intent to assume lead agency for the project, and following a thirty (30) day notification period received no interest from the other agencies to assume lead agency status for the project.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature will assume lead agency status for the proposed agricultural district in the Town of Hector, and
BE IT FURTHER RESOLVED, that subsequent to review of Parts I and II of the Full Environmental Impact Assessment Form and other information, the Legislature determines that the proposed agricultural district will have no significant environmental impact and therefore a negative declaration will be prepared.
VOTE: Passed 8-0.
RESOLUTION NO. 115 Motion by Young, Second by Burnside.
RE: TRANSFER FUNDS FROM CONTINGENCY ACCOUNT TO PLANNING ACCOUNT
WHEREAS, the Planning Department has scheduled two training seminars which will result in unanticipated income of approximately $1,200.00 and expenses of approximately $800 for the County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $800.00 from Contingency account no. 1990.5 to Planning account no. 8020.459, for training with the revenues being credited to the Planning Board Fees account no. 8020-2115.
VOTE: Passed 8-0.
Legislator Smith asked Legislator Halpin if she intended on abstaining from voting on Resolution No. 116 because of her relations with the Public Defender. Legislator Halpin stated that she did plan on abstaining. Legislator Smith asked that the resolution be divided.
RESOLUTION NO. 116A Motion by Young, Second by Burnside.
RE: AMEND RESOLUTION NO. 62-2/15/95 RELATIVE TO MANAGEMENT LEVEL SALARY INCREASES FOR 1995
WHEREAS, Resolution No. 62-2/15/95 authorized management level salary increases for 1995, and
WHEREAS, the Legislature has been re-evaluating said resolution and recommend an amendment to the original proposal for management level salaries.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 62-2/15/95 be amended to authorize 1995 management level salary increases, to be retroactive to January 1, 1995 and payable the next payroll, as follows:
Public Defender $28,352, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $5,687 from Contingency account no. 1990.5 to the appropriate accounts to cover the increases.
VOTE: Passed 7-0. (Abstention: Halpin)
RESOLUTION NO. 116 Motion by Young, Second by Burnside.
RE: AMEND RESOLUTION NO. 62-2/15/95 RELATIVE TO MANAGEMENT LEVEL SALARY INCREASES FOR 1995
WHEREAS, Resolution No. 62-2/15/95 authorized management level salary increases for 1995, and
WHEREAS, the Legislature has been re-evaluating said resolution and recommend an amendment to the original proposal for management level salaries.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 62-2/15/95 be amended to authorize 1995 management level salary increases, to be retroactive to January 1, 1995 and payable the next payroll, as follows:
Building Maintenance Supervisor $30,053
Civil Service Sec'y./Personnel $28,755
Personnel Clerk $17,835
Conf. Sec'y. to County Attorney $17,624
Conf. Sec'y. to District Attorney $10,094
Chief Clerk Elections $12,117
Deputy Clerk Elections $10,167
Emergency Mgmt. Coordinator $27,306
Dep. Emergency Mgmt. Coord. $19,414
Director of Community Services $45,000
Director of Office for the Aging $27,350
Director of Community Dev., et al $26,850
Director of Probation $32,772
Director of Public Health/Patient Svcs. $36,917
Watershed Inspector $30,846
Deputy Commissioner Social Svcs. $30,350
Director Weights and Measures $ 7,620
Director of Veterans Services $ 7,196
Youth Bureau Director $28,447, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $5,687 from Contingency account no. 1990.5 to the appropriate accounts to cover the increases.
VOTE: Passed 8-0.
RESOLUTION NO. 117 Motion by Young, Second by Burnside.
RE: AMEND RESOLUTION NO. 63-2/15/95
BE IT RESOLVED, that Resolution No. 63-2/15/95 be amended to change the amount to $1,750.
VOTE: Passed 8-0.
RESOLUTION NO. 118 Motion by Smith, Second by Hastings.
RE: AUTHORIZE COPIER MAINTENANCE AGREEMENT - MENTAL HEALTH
WHEREAS, the lease purchase for the Xerox 5018 copier expired September, 1994, and the copier is no longer covered under that maintenance agreement, and
WHEREAS, a new maintenance agreement, for a one year period, will cost $310.00.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Chairman to sign a one-year maintenance agreement for the Xerox 5018 copy machine in the amount of $310.00, effective immediately, subject to the approval of the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 119 Motion by Smith, Second by Hastings.
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 that May is Mental Health Month and offer 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. 120 Motion by Smith, Second by Hastings.
RE: AUTHORIZE FILLING HALF-TIME CLEANER VACANCY - BUILDINGS & GROUNDS
WHEREAS, there is currently a half-time cleaner vacancy in the Buildings & Grounds Department.
NOW, THEREFORE, BE IT RESOLVED, per Resolution No. 49-2/15/95, that the Schuyler County Buildings Maintenance Supervisor be, and hereby is, authorized to fill the vacancy in the department, 19 hours per week at an hourly rate of $5.00, effective immediately.
DISCUSSION: Legislator Halpin stated that she would be voting no on this resolution because of the State Budget not being released as of this date. She said that she does not want to deal with lay-offs, this was the reason the hiring freeze was put into effect. Legislator Karius stated that David Lisk, Building Maintenance Supervisor, was using as many Social Services recipients as he possibly could, but he could not use one in this position because the person would have to be constantly supervised. Legislator Smith said that Buildings and Grounds is always asked to do far and above the normal call of duty. He said that even with the addition and the remodeling being done, the cleanliness of the building still has to be maintained. Legislator Burnside said that the Buildings and Grounds Department is doing a lot of reconstruction at this point and they cannot do without this position.
VOTE: Passed 6-2. (Noes: Halpin and Franzese)
RESOLUTION NO. 121 Motion by Smith, Second by Hastings.
RE: AUTHORIZE LEASE AGREEMENT WITH ASCS (NRCS) FOR STATUS QUO, FREE SPACE - BUILDINGS & GROUNDS
WHEREAS, there is free space available in the Rural Urban Center for the ASCS office, and
WHEREAS, many farmers and the public in general benefit from the technical services provided by the office of USDA Natural Resources Conservation Service (NRCS), and
WHEREAS, circulation of a petition by county residents gathered over 600 signatures in support of retaining the NRCS office within the county, and
WHEREAS, the federal government is creating additional hardships and burdens on the people of the Schuyler County by their decision to proceed with the closure of the local NRCS office, and
WHEREAS, such a closure will cause the removal of essential resource material and cooperator/files to another county, and
WHEREAS, the conservation of our natural resources is essential to preserving agriculture and the economic health of Schuyler County, and
WHEREAS, the opportunity exists to provide the continued services of NRCS within Schuyler County if rent free office space can be offered, and
WHEREAS, NRCS has co-existed with the office of the Schuyler County Soil and Water Conservation District from inception.
NOW, THEREFORE, BE IT RESOLVED, 790 square feet of rent free office space will be made available to the staff of NRCS within the office of the Schuyler County Soil and Water Conservation District, and
BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to sign the revised lease agreement as described above; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 122 Motion by Young, Second by Burnside.
RE: AUTHORIZE SEASONAL RATES FOR MARINA
WHEREAS, the Buildings & Grounds Committee of this Legislature has approved and submitted to this Legislature Schamel Brothers' proposed Rate Schedule dated November 18, 1994 for its consideration and approval, and
WHEREAS, this Legislature has considered the Buildings & Grounds Committee's recommendation and concurs.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's 1995 Seasonal Rate Schedule for its 145 available slips:
DOCK WIDTH
AMT PER FOOT MINIMUM
WATER & ELECTRICITY
8' wide
$25.00
$625.00
$80.00
10' wide
26.00
650.00
80.00
12' wide
27.00
675.00
80.00
14' wide
28.00
700.00
80.00
16' wide
29.00
725.00
80.00
Boat Lift rental sites $525.00
Dry Docking w/unlimited use of launch ramp $325.00
1995 TRANSIENT RATES
NO. ELECT.
W/30 AMP HOOK-UP
Per hour $ 1.00
----
Per day 18.00
$ 23.00
Per week 108.00
138.00
Per month 400.00
500.00
LAUNCHING RAMP FEES
$4.00 per Launch - tenants free
$35.00 October 30 - March 1st w/unlimited use
BE IT FURTHER RESOLVED, no further rate increases will be approved until a 1995 report on Village Marina payments to public entities is prepared.
VOTE: 7-1. (No: Fitzsimmons)
RESOLUTION NO. 123 Motion by Young, Second by Burnside.
RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN FROM 7/1/95 - 6/30/96
WHEREAS, Schuyler County must provide transportation to preschool handicapped children.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Public Health Office be authorized to advertise for bids for the transportation of preschool handicapped children from 7/1/95 through 6/30/96, and
BE IT FURTHER RESOLVED, that bids are to be marked "Sealed Bid - Transportation Services" and received by the Clerk of the Legislature at the Courthouse, 105 Ninth Street, Watkins Glen, New York, 14891, not later than 5:00 p.m. on Thursday, May 25, 1995. The bids will be opened at the Public Health Committee meeting Friday, May 26, 1995, 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 12, 1995 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. 124 Motion by Young, Second by Burnside.
RE: CONTRACT - CONNIE E. LUCIA FOR OCCUPATIONAL THERAPY SERVICES FOR PRESCHOOL CHILDREN WITH DISABILITIES
WHEREAS, Schuyler County must provide occupational therapy to eligible preschool children according to Section 4410 of the Education Law, and
WHEREAS, Connie E. Lucia is a licensed occupational therapist and will provide these services at the rate of $35 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Connie E. Lucia to provide occupational therapy services for preschool children with disabilities from April 1, 1995 through June 30, 1996 at the rate of $35 per half hour session, subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 125 Motion by Young, Second by Burnside.
RE: CONTRACT - PEDIATRIC PHYSICAL THERAPY SERVICES, P.C., FOR PRESCHOOL PHYSICAL THERAPY
WHEREAS, Schuyler County must provide physical therapy to eligible preschool children, and
WHEREAS, Pediatric Physical Therapy Services, P.C., will provide physical therapy at a rate of $40 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Pediatric Physical Therapy Services, P.C., to provide preschool physical therapy services from April 1, 1995 through June 30, 1996 at the rate of $40 per half hour session, subject to the approval of the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 126 Motion by Young, Second by Halpin.
RE: CONTRACT - SCHUYLER COUNTY CHAPTER, NYSARC, INC., FOR PRESCHOOL SPECIAL EDUCATION RELATED SERVICES (THERAPIES)
WHEREAS, Schuyler County must provide special education related services to eligible preschool children, and
WHEREAS, related therapy services include speech therapy, occupational therapy, physical therapy, service coordination, and counseling, and
WHEREAS, the Schuyler County Chapter, NYSARC, Inc., will provide these services at the rate of $40 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with the Schuyler County Chapter, NYSARC, Inc., to provide preschool special education related therapy services from April 1, 1995 through June 30, 1996 at the rate of $40 per half hour, subject to the approval of the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 127 Motion by Young, Second by Halpin.
RE: CONTRACT - YATES COUNTY CHAPTER, NYSARC, INC., FOR PRESCHOOL SPECIAL EDUCATION RELATED SERVICES (THERAPIES)
WHEREAS, Schuyler County must provide special education related services to eligible preschool children, and
WHEREAS, related therapy services include speech therapy, occupational therapy, physical therapy, service coordination, and counseling, and
WHEREAS, the Yates County Chapter, NYSARC, Inc., will provide these services at the rate of $35 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with the Yates County Chapter, NYSARC, Inc., to provide preschool special education related therapy services from February 15, 1995 through June 30, 1996 at the rate of $35 per half hour, subject to the approval of the County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 128 Motion by Young, Second by Halpin.
RE: CONTRACT - KARI L. DELLA SALA FOR PRESCHOOL SPEECH THERAPY
WHEREAS, Schuyler County must provide speech therapy to eligible preschool children, and
WHEREAS, Kari L. Della Sala has met the NYS Education Department's qualifications to provide preschool speech therapy, and will provide these services at the rate of $25 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Kari L. Della Sala to provide preschool speech therapy services from April 1, 1995 through June 30, 1996 at the rate of $25 per half hour session, subject to the approval of the County Attorney.
VOTE: Passed 8-0.
PRESENTATION - CARYL SUTTERBY, WATERFRONT FESTIVAL - 7:14 P.M.: Caryl asked the Legislature that they please consider approving the Festival set for May 21, 1995. She said that the Festival will begin early Saturday morning. Sanitation will be covered by having six portable toilets. All adjoining properties have been notified and have given their approval. She said that there will be something new this year, a Farmers Market. This will allow the sale of wine by the bottle from local wineries. Also new is a Cardboard Boat Regatta. She said that the race course is the boat launch to the breakwater, to the pier, and back. She stated that they have been reaching out to other counties and have invited Yates County to come down and put up a booth to explain their county, and they have reciprocated by inviting Schuyler County to their county to do the same. Caryl said that to bring interest to the cardboard boat race, the Chamber of Commerce has issued a challenge for anyone to beat them. She said that the race is slated for 1:00 p.m. on May 21, 1995, and that the winning entry will receive a New York State map and one year ownership of Seneca Lake. Presentation ended at 7:22 p.m.
RESOLUTION NO. 129A Motion by Halpin, Second by Hastings.
RE: MOTION TO TABLE RESOLUTION NO. 129
BE IT RESOLVED, that Resolution No. 129 be tabled.
DISCUSSION: Legislator Smith said that he can appreciate the Legislators being conservative, however, all of these resolutions have been through committee, and we have a budget in place, and these positions are in the budget. Legislator Halpin said the reason that these are on the agenda is that the committee wanted to give Barb Regan every opportunity to fill these positions if the State Budget had passed prior to this point.
VOTE: Passed 6-2. (Noes: Smith, Fitzsimmons)
RESOLUTION NO. 129 Motion by Young, Second by Halpin.
RE: AUTHORIZE PUBLIC HEALTH OFFICE TO FILL ACCOUNT CLERK TYPIST VACANCY - 15 HOURS PER WEEK - TABLED
WHEREAS, Resolution No. 94-453, passed November 14, 1994, authorized the creation of the position of Administrative Coordinator of Special Programs in the Public Health Office due to substantial increases in several state-mandated programs such as the Early Intervention Program, the Infant-Child Health Assessment Program, and the Preschool Special Education Program, and
WHEREAS, this position also took over some duties that were previously performed by the Schuyler County Treasurer's Office and by the Home Health Agency's Office Manager, and
WHEREAS, the Public Health Office filled this position by promoting an Account Clerk Typist, which resulted in a vacant Account Clerk Typist position, and
WHEREAS, this staff shortage restricts the ability of the Public Health office to maximize its reimbursement from grants, third-party payers, the federal portion of Medicaid funds, state aid from the New York State Department of Health and Department of Education,
WHEREAS, the Public Health Office is requesting permission to hire an Account Clerk Typist for fifteen hours per week.
NOW, THEREFORE, BE IT RESOLVED, that per Resolution No. 49, the Schuyler County Legislature hereby authorizes the Public Health Office to hire an Account Clerk Typist for fifteen hours per week at an hourly rate of $8.0635; funding to be from account number 4010.100.
RESOLUTION NO. 130A Motion by Halpin, Second by Hastings.
RE: MOTION TO TABLE RESOLUTION NO. 130 - FAILED
BE IT RESOLVED, that Resolution No. 130 be tabled.
VOTE: Failed 4-4. (Noes: Burnside, Karius, Smith, Fitzsimmons)
RESOLUTION NO. 130 Motion by Young, Second by Halpin.
RE: AUTHORIZE HOME HEALTH AGENCY TO CREATE AND FILL A PERSONAL CARE AIDE II POSITION
WHEREAS, a Home Health Aide in the Home Health Agency is resigning, and
WHEREAS, she is the second full-time aide to resign in the past year, and
WHEREAS, the Home Health Agency needs to hire a replacement aide in order to provide services to its patients, and
WHEREAS, a Home Health Aide can perform both Home Health Aide duties and Personal Care Aide duties, and
WHEREAS, although a Personal Care Aide II can provide only Personal Care Aide services, the Personal Care Aide II can provide services to many of the Home Health Agency's patients at a lower salary level than the Home Health Aide salary, resulting in a savings of $1.4802 per hour, and
WHEREAS, the Home Health Agency can adjust its scheduling of aides to utilize a Personal Care Aide II in order to save personal service funds.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby creates a Personal Care Aide II position in the Home Health Agency, and
BE IT FURTHER RESOLVED, that per Resolution No. 49, the Schuyler County Legislature hereby authorizes the Home Health Agency to hire a Personal Care Aide II at an hourly rate of $6.4834; funding to be from account number 4010.100.
VOTE: Passed 5-3. (Noes: Hastings, Halpin, Franzese)
RESOLUTION NO. 131 Motion by Young, Second by Smith.
RE: ADDITION TO COUNTY POLICY AND PROCEDURES MANUAL - ACCESS TO THE COUNTY ATTORNEY'S OFFICE
WHEREAS, the Schuyler County Attorney's Office has since 1991 operated under an open access policy; and
WHEREAS, the volume of requests for legal services has virtually tripled since 1990; and
WHEREAS, the orderly conduct of public legal business requires that certain reasonable conditions be placed upon requests to the County Attorney's Office for legal services.
NOW, THEREFORE, BE IT RESOLVED, that the following County Attorney's Office access policy be added to the Schuyler County Policy and Procedures manual effective immediately:
ACCESS TO THE COUNTY ATTORNEY'S OFFICE
1. All requests for legal assistance shall be made in writing on the appropriate form. Requests shall be directed to the County Attorney's Office located in the Schuyler County Office Building.
2. All office consultations shall be by appointment only on reasonable notice.
3. Hypothetical questions will not be referred to the County Attorney's Office.
4. Emergency exceptions to the above policy must be approved in writing by the Chairman of the Legislature or in his/her absence by the Vice-Chairman. This policy shall not preclude direct access by the Sheriff or Undersheriff for law enforcement emergencies.
5. The County Attorney's Office shall not be scheduled for attendance at any meeting without reasonable advance notice and the consent of the County Attorney.
6. This policy shall be binding upon the Schuyler County Legislature.
7. Members of the Legislature shall route requests for legal services through the Clerk of the Legislature or the Chairman of the Legislature in the absence of the Clerk. All other County offices and employees shall forward requests through their respective Department Heads.
8. Requests for legal services by the Department of Social Services will continue to be processed in accordance with separate contractual arrangements now or hereafter existing between the Department of Social Services and the County Attorney's Office.
DISCUSSION: Legislator Fitzsimmons asked if the policy meant that any request requires the signature of the Chairman of the Legislature for any other legislator to talk to the County Attorney. Chairman Franzese stated that this policy was put into effect only if the Clerk cannot find a copy of the legal opinion that someone wants an answer to. Attorney Coleman said that it was his understanding that the Chairman would sign all legal opinion requests. Chairman Franzese stated that she would never object to any legislator wanting to talk to the County Attorney.
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 132 Motion by Young, Second by Smith.
RE: AUTHORIZE TYPEWRITER MAINTENANCE AGREEMENT - COUNTY ATTORNEY'S OFFICE
WHEREAS, the 180-day warranty for the IBM Wheelwriter 3000 Typewriter which was purchased for and is used by the DSS steno will expire on March 31, 1995, and
WHEREAS, the repair costs of said machine are very expensive, and
WHEREAS, FBM Office Equipment, Inc. has provided the County Attorney with the cost and terms of a maintenance agreement to cover the said IBM Wheelwriter, and the County Attorney feels that a service contract is a low cost investment to maintain optimum performance of the machine and minimize down-time, and
WHEREAS, said service maintenance contract includes all service calls and parts, plus on-premise preventive maintenance inspection each year at a reasonable cost of $125.00.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be authorized to execute a one-year service maintenance agreement with FBM Office Equipment, Inc., for the service and repair of the IBM Wheelwriter 3000 used by the DSS steno, effective April 1, 1995 through March 31, 1996 with monies available in account no. 1420.426; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 133 Motion by Young, Second by Smith.
RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 1995 SETTING SALARIES OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 1995
WHEREAS, the Schuyler County Legislature has determined the salaries for certain public officials for the year 1995, and
WHEREAS, some of such officials are public officers whose terms are fixed and whose terms extend beyond 1995, and
WHEREAS, County Law Section 201 requires that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of 1995, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and
BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on May 8, 1995 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
COUNTY OF SCHUYLER
LOCAL LAW INTRO NO. 1 OF THE YEAR 1995
A Local Law Setting the Salaries of Certain Public Officers for the year 1995.
Be it enacted by the Legislature of the County of Schuyler as follows:
1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated retroactive to January 1, 1995.
2. The following public officers are subject to the provision hereof:
Commissioner of Social Services $37,700
Highway Superintendent $33,250
Deputy Highway Superintendent $29,970
Deputy Treasurer $25,727
Real Property Tax Director $26,850
Clerk of Legislature $24,305
Deputy Clerk of Legislature $20,850
Deputy County Clerk $21,598
County Attorney $34,925
Assistant County Attorney $28,965
Assistant District Attorney $18,764
Undersheriff $32,986
Civil Service Commissioners (3) $ 1,700 each
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. 134 Motion by Young, Second by Smith.
RE: APPROVE HIRING OF PERSONAL SECRETARY - LEGISLATURE/ABOLISH SR. ACCOUNT CLERK TYPIST POSITION
WHEREAS, the Buildings and Grounds Department and Legislative Office have been reviewing the duties and scope of examination for the Sr. Account Clerk Typist position and requested the Civil Service Commission to consider if that title is appropriate, and
WHEREAS, the Civil Service Commission reviewed the duties statement presented and determined the title to be Personal Secretary - Legislature with some duties assigned to the Buildings and Grounds Department.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the hiring by Gail M. Willis, Clerk of the Legislature, in agreement with David W. Lisk, Building Maintenance Supervisor, of Stacy B. Husted, as Personal Secretary - Legislature, effective immediately; said position to be incorporated into Grade Level A of the Management Level Salary Plan with an annual salary of $16,155, and
BE IT FURTHER RESOLVED, that the position of Sr. Account Clerk Typist in the Buildings and Grounds Department and Legislative office be, and hereby is, abolished.
DISCUSSION: Legislator Hastings stated that she would be voting no on this resolution. She said that she was opposed to filling this position four years ago and felt that the office could survive with two people. She said that the Legislature filled the position with someone who could fill other positions as well, and that is why the position was titled Senior Account Clerk Typist. She said that she was opposed to a third person in the office to begin with, and she is opposed to the title change. She said that if we are going to be conservative, then it should begin with our office. She said that the Legislature cannot sit in judgement of others. Legislator Halpin said that Legislator Hastings had a point about if the Legislature is going to be conservative, then it should begin with this office. She said that this position was well discussed in Administrative Committee and everyone may have to withstand some cuts. She said that things in the Legislative office have gotten way behind. Everyone thought that the office could live with two people, but decided that it would not work, so this position was created. She said that this position is necessary until all of the staff is trained, then the aim is to go to two people down the road. She said that this office is the hub of the County and she is going to support this resolution. Legislator Fitzsimmons said that all of these positions should be civil service. He said the idea was to work it out of the political realm, he does not question the need for the person in this position. Chairman Franzese said that the Civil Service Commission reviewed the position and deemed that the title should be changed. She said that there is a lot more going on in this office than government, and there certainly is a need for the position. Legislator Hastings said that the Civil Service Commission gave the other title also. Legislator Fitzsimmons said that this person is not appointed by the Clerk, however, the resolution states that this person is appointed. Legislator Halpin said that the position is not subject to a term limit. Legislator Fitzsimmons said that if the Legislature did not see the pleasure of reappointing this position then it is not done. Chairman Franzese said that the original selection is done by the Clerk of the Legislature, but continuation of the position is not subject to the Clerk's recommendation. Legislator Halpin said that the word "appoint" is not appropriate. She said that the position will remain regardless of the change in the Legislature and thinks that the appointment by the Clerk of the Legislature is inappropriate. Legislator Fitzsimmons asked that the word "appoint" be changed to hired and the sponsors agreed. Legislator Young "called for the question."
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 135 Motion by Young, Second by Smith.
RE: ADDITION OF NON-COMPENSABLE EMPLOYEES TO THE EXISTING WORKER'S COMPENSATION INSURANCE POLICY
WHEREAS, the present Worker's Compensation insurance carrier, The State Insurance Fund, has stipulated that it is necessary to have a resolution to add all Schuyler County non-compensable workers to our existing coverage (i.e. DSS workfare participants, Community Service participants and Jail inmates).
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize that all non-compensable workers, including people participating in Social Services Workfare and Probation Community Service sentencing programs, shall be included in Schuyler County's existing Worker's Compensation Policy No. 899747-0, and
BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to The State Insurance Fund, Lovell Safety Management Group and David Sidle Agency.
VOTE: Passed 8-0.
RESOLUTION NO. 136 Motion by Karius, Second by Hastings.
RE: AUTHORIZE HIRING OF REAL PROPERTY TAX ASSISTANT AND TRAINEE
WHEREAS, effective April 28, 1995 the position of Real Property Tax Assistant will be vacant, and
WHEREAS, the salary for this position is in the 1995 budget, and
WHEREAS, a vacancy in this position for the remainder of the year would severely affect the provision of services for the public, and
WHEREAS, it is desirable to have the new person work with the current Real Property Tax Assistant for one week prior to her departure for training purposes and Civil Service Law permits a training position up to two weeks without creating a new position.
NOW, THEREFORE, BE IT RESOLVED, per Resolution No. 49-2/15/95, that the Real Property Tax Director be authorized to hire a qualified applicant for the Real Property Tax Assistant vacancy with an annual salary of $17,579, and
BE IT FURTHER RESOLVED, that the qualified applicant work in the position of Real Property Tax Assistant Trainee for the period April 24-28, 1995 at the rate of $9.6217/hr. so that proper training can be provided by the current Real Property Tax Assistant.
VOTE: Passed 8-0.
RESOLUTION NO. 137 Motion by Karius, Second by Hastings.
RE: TRANSFER OF FUNDS - REAL PROPERTY TAX AGENCY (RPTA)
WHEREAS, the RPTA has $1,500 available in its 1995 budget for computer equipment, and
WHEREAS, the actual cost of the equipment is going to be approximately $1,800.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $300.00 from account no. 1355.435 to account no. 1355.207.
VOTE: Passed 8-0.
RESOLUTION NO. 138 Motion by Karius, Second by Hastings.
RE: ACCEPT/REJECT BIDS FOR ABSTRACTING SERVICES FOR 1995 TAX AUCTION PROPERTIES
WHEREAS, bids were solicited for Abstracting Services and all bids received were opened on April 3, 1995 at 9:00 a.m.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Finance Committee, this Legislature hereby accepts the bid for abstracting services for 1995 tax auction properties from Finger Lakes Abstract Corporation in the amount of $35.00 per search, and
BE IT FURTHER RESOLVED, that the bid from Monroe Title Insurance Corporation in the amount of $40.00 be rejected, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Finger Lakes Abstract Corp. for abstracting services as referenced above; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 139 Motion by Karius, Second by Hastings.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS 130
PART-TIME ADMINISTRATIVE POSITIONS 39
HIGHWAY UNIT POSITIONS 18
FULL-TIME SHERIFF UNIT POSITIONS 30
PART-TIME SHERIFF UNIT POSITIONS 10
APPOINTMENTS:
EFFECTIVE
NAME
TITLE
DEPT
DATE
SALARY TYPE
Sayer, Patrick Acctg. Supv. Grade B
Social Svcs.
03/03/95
21,823 Perm
Warren, Donald Nutrition Svce. Coord. OFA
03/08/95
20,428 Perm
Lawton, Steven Corrections Officer PT
Sheriff
03/29/95
7.12
Perm
Struble, Thomas Corrections Officer PT Sheriff
03/29/95
7.12
Perm
Tompkins, N. Corrections Officer PT
Sheriff
03/29/95
7.85
Perm
LEAVES OF ABSENCE:
NAME
TITLE
DEPT
DATE
Quinata, Alice
Probation Officer Probation
03/06/95 (Return from Medical Leave)
OTHER:
Allen, Judy
D. Data Entry Operator Sheriff
01/01/95
(Adjust hourly rate to include .10 longevity)
Carey, Mary E.
Sr.
Account Clerk Typist Sheriff
01/01/95
(Adjust hourly rate to include .10 longevity)
Hagadorn, Florence Sr. Account Clerk Typist
Highway 01/01/95
(Adjust salary from $16,980 to $17,118 to include increment)
Hughey, Diane M. Deputy Clerk
Legislature
03/16/95
(Name Change from Cook to Hughey)
RESIGNATIONS:
Eisenhart, Pat Cleaner PT Bldgs.&Grds. 03/17/95
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 8-0.
RESOLUTION NO. 140 Motion by Karius, Second by Hastings.
RE: AMEND RESOLUTION NO. 49-95/FREEZE ON HIRING FOR 1995
WHEREAS, the Personnel Director has received questions on the exact intent of this resolution and recommends an amendment for clarification.
NOW, THEREFORE, BE IT RESOLVED, that the second "Resolved" clause of Resolution No. 49-95 be amended as follows:
BE IT FURTHER RESOLVED, that this resolution shall exclude all per diem positions and any position which as of this date has been advertised and/or interviewed for, and...".
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 141 Motion by Young, Second by Burnside.
RE: PROCLAIM WEEK OF MAY 7-13, 1995 AS "NATIONAL TOURISM WEEK"
WHEREAS, at its March 24th meeting, the Finger Lakes Association Board of Directors designated May 7-13, 1995 as National Tourism Week in the Finger Lakes Region, and
WHEREAS, the National Recognition Day is set for Wednesday, May 10, 1995, and
WHEREAS, tourism is a major economic development tool ranking with agriculture, manufacturing and education in terms of its overall impact on our society, and this Legislature is desirous of taking an active part in National Tourism Week.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby proclaims May 7-13, 1995 National Tourism Week for 1995, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature forward certified copies of this resolution to the Finger Lakes Association, Inc., Schuyler County Chamber of Commerce, and the Schuyler County Lodging Association.
VOTE: Passed 8-0.
RESOLUTION NO. 142 Motion by Young, Second by Burnside.
RE: ONE-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:
AGRICULTURE AND FARMLAND PROTECTION BOARD
Corry Buckwalter
Al Fiorille
Doris Karius
CHILD CARE COORDINATING COUNCIL
Robert Fitzsimmons
ENVIRONMENTAL MANAGEMENT COUNCIL
Michelle LaDue
FINGER LAKES HEALTH SYSTEMS AGENCY
Barbara Halpin
FIRE SAFETY ADVISORY BOARD
BEAVER DAMS James Kenney and George Miller
BURDETT Mark Martin and Roy Stegner
MECKLENBURG Jay Russell and Richard Robertson
MONTEREY Paul French and John Michael Pierce
MONTOUR FALLS Rick Yaw and Mike Barr
ODESSA Robert Burns
TYRONE William Kennedy and Tom Dykes
VALOIS-LOGAN-HECTOR Tom Harbot
WATKINS GLEN Bruce Beardsley and Charles Smith, Jr.
FOREST PRACTICE BOARD
Robert Burnside
PLANNING COMMISSION
Richard Bornholdt, Chair
Linn Henry Hector
John Barton Catharine
James Guild Merchants Community
Brian Benjamin Cayuta
Sam Fazzary Village of Watkins Glen
Kay Anderson Reading
Steve Kenyon Village of Montour Falls
Marion Boyce Dix
Dale Walters Burdett
George Ferri Orange
William Menzi Montour
Hazel Shader Farming
William Newell Tourism
Barbara Chapman Medical
Rocco Fragola Industry
EX-OFFICIO MEMBERS
Thomas Brace Soil & Water Conservation
Thomas McGarry Cooperative Extension
John Shimonsky Highway Superintendent
Alternates in Lieu of B. Champman - Robert Swinnerton
in Lieu of R. Fragola - Antoinette Martin
PROFESSIONAL ADVISORY BOARD
Barbara Regan, Chair
Anne Balch
Ruth Bedient
Eleanor Callanan
Kathryn Doolittle
Angeline Franzese
Harold Hoffmire
Erik Miller
Dr. L. Titus Parker
QUEEN CATHARINE STEERING COMMITTEE
Pat Hastings
RSVP BOARD
Robert Burnside
SCHUYLER HEADSTART BOARD OF DIRECTORS
Robert Fitzsimmons
SOIL AND WATER CONSERVATION BOARD
Patricia Hastings
Doris Karius, and
BE IT FURTHER RESOLVED, that the following appointment be made, effective immediately with no ending term:
OFF TRACK BETTING
Angeline Franzese
VOTE: Passed 8-0.
RESOLUTION NO. 143 Motion by Young, Second by Burnside.
RE: APPOINTMENT - HEALTH SERVICES ADVISORY BOARD
BE IT RESOLVED, that the Legislature hereby approves the re-appointment of Frank Fielder and Jim Howell to the Health Services Advisory Board effective immediately and ending December 31, 1999.
VOTE: Passed 8-0.
RESOLUTION NO. 144 Motion by Young, Second by Burnside.
RE: APPOINTMENT - NATIONAL ORGANIZATION ON DISABILITY
BE IT RESOLVED, that the Legislature approves the re-appointment of Michael Wolak to the National Organization on Disability Board effective immediately and ending December 31, 1996.
VOTE: Passed 8-0.
RESOLUTION NO. 145 Motion by Young, Second by Burnside.
RE: APPOINTMENT - PRIVATE INDUSTRY COUNCIL
WHEREAS, there is a vacancy on the Private Industry Council created by the resignation of Stephen Miller.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby approves Chairman Franzese's appointment of Tom Malina to the Private Industry Council for the remainder of the unexpired term ending September 30, 1997.
VOTE: Passed 8-0.
RESOLUTION NO. 146 Motion by Young, Second by Burnside.
RE: ACCEPT RESIGNATION OF STEPHEN MILLER FROM THE PRIVATE INDUSTRY COUNCIL
WHEREAS, Stephen Miller submitted his resignation from the Private Industry Council effective February 22, 1995.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature accept, with regrets, Stephen Miller's resignation from the Private Industry Council.
VOTE: Passed 8-0.
RESOLUTION NO. 147 Motion by Halpin, Second by Fitzsimmons.
RE: AUTHORIZE INCREASE IN HOURS FOR PUBLIC HEALTH NURSE
WHEREAS, a full time Registered Nurse in the Home Health Agency is on disability for an indefinite length of time, and
WHEREAS, a Public Health Nurse in the Home Health Agency is willing to increase her hours from 20 hours per week to 35 hours per week on a temporary basis until the Registered Nurse is able to return to work.
NOW, THEREFORE, BE IT RESOLVED, that the Home Health Agency is hereby authorized to increase the hours of a Public Health Nurse from 20 hours per week to 35 hours per week on a temporary basis from March 6, 1995 until the Registered Nurse is able to return to work; funding to be from 4010.100.
VOTE: Passed 8-0.
RESOLUTION NO. 148 Motion by Halpin, Second by Fitzsimmons.
RE: APPROVE HIRING OF DATA ENTRY MACHINE OPERATOR IN THE HOME HEALTH AGENCY
WHEREAS, the Schuyler County Civil Service Commission reviewed the job questionnaire of a Typist in the Home Health Agency and decided that the Typist title is not appropriate, and
WHEREAS, based on the duties described in the job questionnaire, the Commission voted to title this position Data Entry Machine Operator.
NOW, THEREFORE, BE IT RESOLVED, that per Resolution No. 49-2/15/95, the Schuyler County Legislature authorizes the Home Health Agency to fill the position of Data Entry Machine Operator, at grade level VIII, annual salary of $15,443; funding to be from 4010.100.
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 149 Motion by Halpin, Second by Fitzsimmons.
RE: CLARIFICATION RESOLUTION ON TIME CARD POLICY
WHEREAS, it is the desire of this Legislature to clarify some questions in regard to the County's Time Card Policy, and
WHEREAS, the Treasurer's Office was asked to create guidelines for the Time Card Policy.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the following guidelines as a supplement to the Time Card Policy:
TIME CARD POLICY GUIDELINES
The purpose of these guidelines is to clarify questions that have arisen and offer recommendations that will simplify the processing of time cards and reduce errors for everyone.
Completed time cards (both sides properly filled out and signed and checked by employee and department head or designee) must be turned in to the Treasurer's Office by 4:30 p.m. on the Monday following the end of a pay period. When Monday is a holiday, they will be due by 4:30 p.m. on Tuesday.
Each employee should complete his/her own time card both front and back. The daily record should be filled out at the end of each day with any leave time assigned the proper Time Code Key (ie. S for sick, P for personal, etc.). At the end of the pay period the information should be transferred to the summary side of the card, the card signed and turned in to the department head or designee. If the department head or designee makes changes to the card, the employee should be advised of those changes.
If it is deemed necessary that a time card be filled out by someone other than the employee, the employee should review the card and sign it before it is forwarded to the Treasurer's Office whenever possible. In the case where an employee is absent and the card must be completed by the department head or designee, the card should be submitted without the employee's signature and the employee should come to the Treasurer's Office upon return to work to sign the card.
Requests for corrections must be submitted to the Treasurer's Office for review within two (2) pay periods following the alleged error in letter form signed by both the employee and the department head.
The County reserves the right to adjust any errors discovered where an unfair payment in favor of the County or an employee would result.
DISCUSSION: Legislator Hastings said that there are a lot of questions by Department Heads concerning this policy. Chairman Franzese said that this policy is already in effect, and that this is only an amendment for clarification of a portion of it. She said that there would probably be further changes made to the policy. Legislator Hastings asked what constitutes a designee? Nancy Peters, Treasurer, said that this is someone authorized to sign a time card in the absence of the Department Head. Legislator Hastings said that she realizes that this is written to avoid mistakes, but everyone makes mistakes. Nancy Peters said that the two pay periods stated in the policy is only for making corrections. She said that you have to submit a time card to get paid. Legislator Hastings said that she does not agree with this policy. Nancy Peters said that this is put into place to try and prevent problems and that a time limit must be put on things. Legislator Young "called for the question."
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 150 Motion by Halpin, Second by Fitzsimmons.
RE: AUTHORIZE CREATION AND FILLING OF SR. ACCOUNT CLERK TYPIST POSITION - TREASURER'S OFFICE
WHEREAS, the passage of Local Law No. 5 of 1994 will be increasing the duties of the Treasurer's Office, and
WHEREAS, the Treasurer has reviewed the duties of the personnel currently employed in her office and has reassigned some duties already being performed in the office and submitted a New Position Duties Statement to the Civil Service Commission for their review, and
WHEREAS, the Civil Service Commission has reviewed the duties statement presented and recommended the position be titled Sr. Account Clerk Typist, and
WHEREAS, funding for this position is provided for in the 1995 county budget.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the creation of the position of Sr. Account Clerk Typist position in the County Treasurer's Office, Grade XII, annual salary $16,155, and authorizes the Treasurer to fill such position from the existing list for twenty (20) hours per week.
VOTE: Passed 8-0.
RESOLUTION NO. 151 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE PRINTER MAINTENANCE CONTRACT - TREASURER'S OFFICE
WHEREAS, the Treasurer's Office is requesting a service agreement on their PL4016 Laser Check Printing System when the 90-day warranty expires, and
WHEREAS, there are funds available to fund this agreement which costs $1,033.00 in Central Data Processing account no. 1680.426-Maintenance of Equipment.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be authorized to sign an agreement with Standard Register for the maintenance of the Laser Check Printing System in the Treasurer's Office for the period 5/10/95-5/9/96 at a cost of $1,033.00; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 152 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE TRANSFER OF FUNDS/PURCHASE OF MONITOR - CENTRAL DATA PROCESSING
WHEREAS, the monitor for the Purchasing Specialist has failed, and
WHEREAS, it has been determined that it is not cost effective to repair this terminal.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to purchase a new monitor at a cost of $387 and transfer said amount from account no. 1680.426 to 1680.247, and
BE IT FURTHER RESOLVED, that the D411 Terminal in the Purchasing Specialist's Office be declared surplus.
VOTE: Passed 8-0.
RESOLUTION NO. 153 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE COMPUTER LANGUAGE UPGRADE - TREASURER'S OFFICE
WHEREAS, KVS Information Systems, Inc. has provided the County with a "Statement of Direction" for their software which will enhance this software and extend its useful life, and
WHEREAS, in order to provide these enhancements to the County, it will be necessary for the Treasurer's office to update the language on the Data General System from Icobol to Acucobal at a cost of $625 for the runtime version of Acucobol with an annual maintenance charge of $94.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to purchase Acucobol with funds that are available in the Central Data budget for software.
VOTE: Passed 8-0.
RESOLUTION NO. 154 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE CONTRACT WITH COOPERATIVE EXTENSION FOR SOLID WASTE EDUCATION AND COORDINATION
BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute an agreement with Cooperative Extension for Solid Waste Education and Coordination Services for the year 1995 at a cost of $24,376 with monies available in the 1995 budget; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the contract be adjusted to reserve the right for the County to have a program review in June, and
BE IT FURTHER RESOLVED, that future contracts with solid waste shall provide a 30-day out option whenever possible.
DISCUSSION: Legislator Hastings stated "for the record" that she would be voting no on this resolution.
VOTE: Passed 7-1. (No: Hastings)
RESOLUTION NO. 155 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE TRANSFER OF FUNDS - RECORDS MANAGEMENT
WHEREAS, the Records Management Grant provides monies for supplies, and
WHEREAS, some of the articles permitted to be purchased as supplies actually need to be classified as fixed assets.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $519.43 from account no. 1460.438-1464 to account no. 1460.200-1464.
VOTE: Passed 8-0.
RESOLUTION NO. 156 Motion by Fitzsimmons, Second by Young.
RE: PROCLAIM EARTH DAY APRIL 22, 1995
WHEREAS, this year is the 25th anniversary of Earth Day and there are many activities planned in Schuyler County to celebrate this day of thanksgiving for our bountiful natural environment.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby proclaims April 22, 1995 as Earth Day in Schuyler County, and further acknowledges the importance of this year's theme "Plan Today for a Green Tomorrow".
VOTE: Passed 8-0.
RESOLUTION NO. 157 Motion by Fitzsimmons, Second by Young.
RE: APPOINTMENT - SCHUYLER COUNTY CORONER
WHEREAS, L. Titus Parker, MD, has moved out of Schuyler County and resigned from his elected position as Schuyler County Coroner.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Chief Coroner, this Legislature hereby appoints A.J. Adamski, MD, as Schuyler County Coroner to fill the unexpired term of L. Titus Parker effective immediately until December 31, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 158 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZATION FOR NYSPIN UPGRADE AND INSTALLMENT PURCHASE AGREEMENT - PROBATION
WHEREAS, the New York State Police have advised the Probation Department that they will be upgrading the NYSPIN Computer Network, and
WHEREAS, a new installment purchase agreement has been enclosed authorizing equipment, which is to be signed and returned within ten (10) days from April 5, 1995, and
WHEREAS, there are sufficient funds in the 1995 departmental budget to cover said agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be authorized to sign Appendix E of the NYSPIN Workstation Contract (installment purchase agreement) at the rate of $195.04 per month; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 159 Motion by Fitzsimmons, Second by Young.
RE: LETTER OF GRATITUDE TO NEW YORK STATE AND REQUEST FOR SUPPORT OF CONTINUED RECORDS MANAGEMENT GRANT FUNDING
WHEREAS, Schuyler County has received $284,000 since 1990 from The Local Government Records Management Improvement Fund, and
WHEREAS, local government funds were not available for the State mandated records management program and Schuyler County is very grateful for the grant funds, and
WHEREAS, the funds from the grant program have enabled the County to hire a full-time records manager; complete a records inventory of the 24 departments/agencies of the County as well as five of the eight towns and one of the four villages; remodel and furnish two records storage facilities; microfilm permanent records for security and/or public use; and purchase equipment for reading microfilm, and
WHEREAS, more than ten tons of obsolete records and non-record paper has been disposed of, thereby emptying many file cabinets and increasing office space due to the reorganization of records, and
WHEREAS, these measures have saved Schuyler County several thousands of dollars over the past four years, and
WHEREAS, there is much more to be accomplished, and the work begun should be maintained and continued, which would be financially difficult for Schuyler County at this time.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature expresses its gratitude to the Local Government Records Services, and the New York State Assembly and the Senate for the funding provided through The Local Government Records Management Improvement Fund, and
BE IT FURTHER RESOLVED, that this Legislature express its support of Senate Bill 1701 and Assembly Bill 2781 to extend the expiration date of the Records Management Program until December 31, 2002, and
BE IT FURTHER RESOLVED, that copies of this resolution be sent to the New York State Association of Counties, Governor George Pataki, Senator John R. Kuhl, Jr., Assemblyman Donald R. Davidsen and any other appropriate representatives requesting their support of legislation to continue this financial assistance to local governments to allow work on this important project to proceed as the work is well begun, but it is not completed.
VOTE: Passed 8-0.
RESOLUTION NO. 160 Motion by Fitzsimmons, Second by Young.
RE: APPOINTMENT - VETERANS SERVICE AGENCY DIRECTOR
WHEREAS, Sidney Loeffler was appointed Veterans Service Agency Director Trainee until such time as he obtained his State accreditation, and
WHEREAS, said accreditation letter was received March 21, 1995.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby appoints Sidney Loeffler as Schuyler County's Veterans Service Agency Director effective March 21, 1995 at an annual salary of $7,196, and
BE IT FURTHER RESOLVED, that this Legislature sincerely thanks Stanley Clark for serving as our temporary Veterans Service Agency Director during the training period.
VOTE: Passed 8-0.
RESOLUTION NO. 161 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE REQUESTS FOR PROPOSALS FOR AUDITING SERVICES
BE IT RESOLVED, that the County Legislature request the County Treasurer, through the Purchasing Division, to advertise for a Request for Proposals for County auditing services.
VOTE: Passed 8-0.
RESOLUTION NO. 162 Motion by Fitzsimmons, Second by Young.
RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 1995 TITLED "A LOCAL LAW TO ADOPT THE 1995 RETIREMENT INCENTIVE PROGRAM (CHAPTER 12, LAWS OF 1995)
WHEREAS, Chapter 12 of the Laws of 1995 allows a local government to offer a locally adopted retirement incentive program.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of 1995, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and
BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law prior to the proposed adoption of same at a Special Meeting of the Legislature to be held on May 4, 1995 at 6:30 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
COUNTY OF SCHUYLER
LOCAL LAW INTRO. NO. 2 OF THE YEAR 1995
A Local Law Electing a Retirement Incentive Program as Authorized by Chapter 12, Laws of 1995 for the Eligible Employees of the County of Schuyler.
Be it enacted by the Legislature of the County of Schuyler, as follows:
SECTION 1. The County of Schuyler hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 12, Laws of 1995.
SECTION 2. The commencement date of the retirement incentive program shall be May 5, 1995.
SECTION 3. The open period during which eligible employees may retire and receive the additional retirement benefit shall be ninety days in length.
SECTION 4. That the employer will fund the Retirement Incentive Program provided by Chapter 12, Laws of 1995, by paying to the New York State and Local Employees' Retirement System in five (5) annual payments, the amount of which shall be determined by the Retirement System Actuary, the first payment for which is due December 15, 1996.
SECTION 5. This act shall take effect May 5, 1995.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Halpin reminded all the Legislators about the follow up on the discussion from the Legislative Committee Meeting concerning the recommendation from the Administrative Committee relative to the definitions and form. She said she would appreciate any changes so they can be presented to Department Heads before formal adoption. She said that the Administrative Committee is working very hard to amend the plan. Legislator Hastings said the last Agricultural meeting went very well. Legislator Hastings said that Mr. Valent, a venison farmer, gave a presentation at the last meeting. She said that the Agricultural Committee is planning a bus tour of the local farms and the tentative date is April 26, 1995. She said that the Legislators and the Chamber of Commerce are invited to come and tour some farms to talk to them about agricultural tourism in the county. Alfonso Fiorille, Real Property Tax Director, said that GIS is in the planning stages and that there are hopes that some money will soon be available. He said that he hopes to set up a demonstration. Chairman Franzese asked if the grant monies are coming from the Records Management grant? Alfonso stated that they were. Legislator Hastings said that a new assistant is being sought in the Real Property Tax Office. Legislator Burnside said that renovations are coming along very well and that Buildings and Grounds have the plans if anyone would like to see them. He said that he hoped that everyone saw the write up on Linda Strong, Records Manager, in the Review and Express concerning the wonderful job she is doing. Legislator Young stated that $50,000 was received to be used towards building a timber bridge. Legislator Fitzsimmons stated that at the April 17, 1995 Highway meeting the suggestion from Casey Creamer concerning combining counties, town and state highway departments services will be discussed.
UNFINISHED BUSINESS: None.
NEW BUSINESS: None.
PUBLIC PARTICIPATION - 8:42 P.M.: Casey Creamer said that he would like to commend the Legislature on combining all the resolutions and getting through the agenda so quickly. He said that on Introduction No. 38; Appointment of Personal Secretary - Legislature, everyone voted on it, but no understood what exactly was being discussed. He said that this points out the need for a County Manager. He said that when it comes to the point of hiring a County Manager, the taxpayers are not going to approve it, but when the County is hurting the most for money, this is when a County Manager is needed. Lory Peck asked on Introduction No. 66; Local Law Intro. No. 2 of the Year 1995, is there a need for a Special Meeting? Chairman Franzese said that this Local Law has to be adopted prior to May 5, 1995. She said the Special Meeting will be Thursday, May, 4, 1995 at 7:00 p.m. Guy Schamel said that three months ago workfare was discussed; is there any further work being done on this? Anne Balch, Commissioner of Social Services, said that there is a Request for Proposals for a Mobile Work Crew Program out right now and it will be brought to the Finance Committee. She said that if anyone knows of an organization interested in working with workfare, to please contact her office. Guy Schamel said that this program should be publicized. Chairman Franzese said that there is an on-line computer with the Department of Labor. Sue Brill said that the mobile work crew is new, but that workfare has been going on for 20 years. Tom Ryan expressed his concern about the County Manager's position, that someone will not take the position for less than $80-90,000, and that it would be a hard sell to the taxpayers. He said that the main concern should be the need to downsize. Public Participation ended at 8:59 p.m.
The meeting adjourned at 9:00 p.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
PUBLIC HEARING ON AGRICULTURAL DISTRICT IN THE TOWN OF HECTOR
MAY 2, 1995
The May 2, 1995 Public Hearing on the Hector Agricultural District was called to order by Chairman Franzese at 7:07 p.m. The meeting was held at the Valois-Logan-Hector Fire Hall in Hector, NY. All Legislators were present, except for Legislators Smith and Burnside. There were approximately 30 people in attendance as well as Corry Buckwalter, Schuyler County Director of Planning and Community Development, Alfonse Fiorille, Director of Real Property Tax Agency and Elaine Dalrymple, Agriculture and Natural Resources Program Leader for Cooperative Extension.
Charlie Burr, a farmer in Hector, gave a brief history on how he worked with Elaine Dalrymple on starting the petition for the district and urged the Legislature to support adoption of the plan.
Corry Buckwalter showed a map of the approximate 11,000 acres involved in the proposed district and explained that the New York State Law regarding agricultural districts provides for protection of farm practices. Corry continued to explain other portions of the respective law, starting with the possible agricultural assessment eligibility. She said the law has a "Right to Farm" provision and provides for limitation on local regulations that adversely affect agriculture and the coordination of planning and agricultural programs. Corry then gave a break down of the land use in the proposed agricultural district; 80% agricultural, 15% residential and 5% vacant. The requirement for an agricultural district is 50% agricultural land, which the Town of Hector well exceeds. In response to a question asked by Jim Halpin, Al Fiorille explained that the town assessor is responsible for categorizing land use/type.
Corry Buckwalter read the portion of the report of the County Planning Commission and Farmland Protection Board wherein they recognize the viability of farming in the proposed district. Elaine Dalrymple mentioned the level of capital investment in the last seven years within the proposed district.
Elaine also said that the agricultural district is supported and recommended by the Planning Commission and the Farmland and Agricultural Protection Board, as they recognize the farm industry is important to the local economy. She also explained that the application process is voluntary and in this proposal only those willing to participate are included. She said there are 3 options for the Legislature to pick from for the review period, 8, 12 or 20 years, and she recommends the 8 year option. If a new farmer came into the area and wanted to join the district, he would have to wait for the 8 year review term to end. At the end of the 8-year term, notices are sent out to all participants asking them if they want to remain in the district or opt out and the proposal goes back to the Legislature for approval.
Per Chairman Franzese's request, a show of hands from the public present indicated overwhelming support for the agricultural district.
Bill Wagner said he has farm property in Seneca County and they are currently in their second 8-year term. He felt the law is very good and helps protect the farming interest by preventing developers from intruding on farm property and right-of-ways.
Steve Smolen asked why there is a limitation on the application process. Elaine Dalrymple explained that the review process for applications is very extensive and there has to be a deadline. Chairman Franzese asked how the opportunity to join the district was advertised. Elaine said the advertisement was done by word of mouth, posters, newspapers, radio, flyers, etc.
Chairman Franzese asked if a farmer from Hector could join a different agricultural district. Elaine said it wouldn't fit in a geographical sense, but there can be a second agricultural district in the same town.
In response to Bill Elkin's question, Al Fiorille explained that an agricultural assessment exemption has to have an initial detailed application and annual renewal. Al further explained that if someone is within the district, and a water district is created, that the water district would not be assessed into the agricultural district, but if outside the district would be taxed. If someone is in or outside the agricultural district and converts land to a non-farm use the roll back taxes go back for 5 years. If a person within the district was to sell a parcel, the buyer would have to be notified that the property is within an agricultural district. Elaine added that the agricultural district does not prohibit water/sewer line expansion, just requires that a closer look be taken at the expansion project. Doris Karius asked what affect the agricultural exemption will have on other taxpayers. Elaine said that most qualified farmers are already getting the exemption, so there will be a very small effect due to the agricultural district formation.
Eva Wickham recognized the time and effort spent by Elaine Dalrymple on this project and the development of the map.
Elaine noted that there were two persons who approached her relative to possible interest in being in the agricultural district, the estate of Irene Gordinier and Mark Steinberg. Chairman Franzese asked this be entered into the proceedings, because there can be no changes to the proposal after tonight's public hearing without having to go through the entire process again.
The Public Hearing concluded at 8:02 p.m.
Gail M. Willis, Clerk
SPECIAL MEETING
MAY 4, 1995
The May 4, 1995 Special Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:30 p.m. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. ROLL CALL: All Legislators were present except Legislator Young who was excused. County Attorney Coleman was also present.
PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2 OF THE YEAR 1995: Doris Craig, Personnel Director, was the only person present. Mrs. Craig noted that there were only 4 possible employees that might be eligible for the early retirement incentive. She said her office would have to complete a full work history on each possible candidate and submit same to the state for eligibility determination. She also advised that the position must be eliminated, and the county would have to pay approximately 15% for 3 years towards the retirement. It was noted that in most of the 4 cases, the department would need to substitute a different title for the one being abolished, which would not be cost effective. She concluded by saying the process is time-consuming and costly.
RESOLUTION NO. 163 Motion by Karius, 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. Adoption of Local Law Intro. No. 2 of the Year 1995 Titled "A Local Law to Adopt the 1995 Retirement Incentive Program (Chapter 12, Laws of 1995).
VOTE: Passed 7-0.
RESOLUTION NO. 164 Motion by Hastings, second by Fitzsimmons.
RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 1995 ENTITLED "A LOCAL LAW TO ADOPT THE 1995 RETIREMENT INCENTIVE PROGRAM (CHAPTER 12, LAWS OF 1995) - FAILED
WHEREAS, a proposed Local Law regarding adopting the 1995 retirement incentive program was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held on May 4, 1995, 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 Intro. No. 2 of the year 1995 in the form hereto annexed, be and hereby is, passed, adopted and enacted, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 2 of the year 1995, together with the required text thereof in the official county newspaper.
COUNTY OF SCHUYLER
LOCAL LAW INTRO. NO. 2 OF THE YEAR 1995
A Local Law Electing a Retirement Incentive Program as Authorized by Chapter 12, Laws of 1995 for the Eligible Employees of the County of Schuyler.
Be it enacted by the Legislature of the County of Schuyler, as follows:
SECTION 1. The County of Schuyler hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 12, Laws of 1995.
SECTION 2. The commencement date of the retirement incentive program shall be May 5, 1995.
SECTION 3. The open period during which eligible employees may retire and receive the additional retirement benefit shall be ninety days in length.
SECTION 4. That the employer will fund the Retirement Incentive Program provided by Chapter 12, Laws of 1995, by paying to the New York State and Local Employees' Retirement System in five (5) annual payments, the amount of which shall be determined by the Retirement System Actuary, the first payment for which is due December 15, 1996.
SECTION 5. This act shall take effect May 5, 1995.
VOTE: FAILED 1-6. (Noes: Karius, Smith, Fitzsimmons, Halpin, Burnside & Franzese)
The meeting adjourned at 6:50 p.m.
Gail M. Willis, Clerk
REGULAR MEETING
MAY 8, 1995
The May 8, 1995 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:30 p.m. The Pledge of Allegiance was led by Legislator Smith and followed by a Moment of Silence. ROLL CALL: All Legislators were present except for Legislators Young and Hastings, who were excused. Assistant County Attorney Morris was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced two emergency resolutions by title to be brought to the floor.
PUBLIC PARTICIPATION - 6:32 P.M.: Jerry Andrews said that he would like to know the latest news on the Fitzpatrick Hill Road bridge. Legislator Burnside stated that the bridge did have five stringers that would not need to be replaced, so this will make the cost less and will take less time to build. He said that bids for engineering services will be opened at the May 15th Highway Committee meeting. He said that once the bids are opened the agreement will be expedited by all parties involved. He said that final engineering will take approximately four weeks, then construction must be advertised for 30 days. He said that at the July 17 Highway Committee meeting construction bids will be accepted, and by mid September the bridge should be completed. Chairman Franzese said that financing has be coordinated and that the process is being hurried along as quickly as possible. Legislator Burnside said that there will be a slight change in the approach to the bridge, to reduce the stress on stringers. Mr. Andrews asked if changing the approach will cost more money? Chairman Franzese said that there will be a slight increase in cost. Legislator Burnside said that the original cost was approximately $319,000. Mr. Andrews made the statement that the bridge has not been there very long. He asked if there was any recourse against the person who constructed the bridge? Legislator Burnside said that he is not sure. Legislator Fitzsimmons added that the County is looking into that possibility. Mr. Andrews said that the detour sign that is at the bottom of the hill cannot be seen. He suggested moving the sign 200-300 feet up the hill where it would then be seen. Chairman Franzese asked Legislator Burnside to check into that. A gentleman from the bridge area stated that there is still a lot of traffic on the road and that he thinks that kids are going down there and partying. Kim Enderle asked that when the County goes out for bid will it just be for the Fitzpatrick Hill bridge or for all County bridges? Chairman Franzese said that for right now the bid is only for the Fitzpatrick Hill bridge, but we will be going for financing packages for the other bridges soon. She said that the County has not had the money to do bridges and roads and that the County is coming down to prioritizing what absolutely has to be done. Kim Enderle asked that seeing as though the stringers are stable, could the bridge be opened for light traffic? Legislator Burnside said that it could not because the bridge is too unstable. Casey Creamer said that a poll should be taken of the people who live around the bridges. He said that he knows of some people that do not want the bridges opened that are near them. He said for instance that the people who live around the Tichenor Road bridge do not want the bridge reopened. A gentleman from the Fitzpatrick Hill Road bridge asked if our Congressman has been contacted about Bailey Bridges for temporary use. Legislator Fitzsimmons said that Assemblyman Davidsen and Senator Kuhl have been written to concerning our situation and they responded that they were unable to accommodate us right now. Chairman Franzese announced that there is a public service announcement concerning rabies clinics in our area and urged people to take note of it. Casey Creamer on Introduction No. 12, Local Law concerning E-911, how much is the surcharge going to be? Legislator Burnside said that it has not been confirmed as of yet. Chairman Franzese said that the resolution was being withdrawn; not because we don't support it, just want to get our business in order. She further advised that Legislator Burnside will be conducting a public information meeting on this issue. Public Participation ended at 7:02 p.m.
PUBLIC HEARING ON LOCAL LAW NO. 1 OF THE YEAR 1995 SETTING SALARIES OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 1995 - 7:03 P.M. - No discussion. Hearing closed at 7:05 p.m.
RESOLUTION NO. 165 Motion by Burnside, Second by Halpin.
RE: APPROVE MINUTES OF THE APRIL 10, 1995 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the April 10, 1995 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 6-0.
RESOLUTION NO. 166 Motion by Smith, Second by Fitzsimmons.
RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH FIVE LAKES DEVELOPMENT, INDUSTRIAL DEVELOPMENT AGENCY AND LEGISLATURE
WHEREAS, the Schuyler County Legislature, Schuyler County Industrial Development Agency and Five Lakes Development Corporation are each interested in the completion of improvements identified in the Seneca Harbor Park Concept Plan, and
WHEREAS, the parties recognize the need to clarify current lease and ownership arrangements necessary to ensure the park's future maintenance and stewardship, and
WHEREAS, the parties drafted a Memorandum of Understanding to agree to diligently pursue the completion of the improvements to the park.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the Memorandum of Understanding with the respective signatures of the Industrial Development Agency and Five Lakes Development Corporation so that the park improvements are completed for the benefit of the citizens of the county's enjoyment of the waterfront; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 167 Motion by Smith, Second by Fitzsimmons.
RE: AUTHORIZE TRANSFER OF FUNDS FOR TEMPORARY HELP - CIVIL SERVICE/PERSONNEL
WHEREAS, the Executive Secretary of Civil Service/Personnel Director may require medical leave, and
WHEREAS, the use of a clerical staff person would enable the Civil Service Clerk and the Personnel Clerk to assume some of the duties of the Executive Secretary/Director, and
WHEREAS, there will be money available in the personnel account no. 1430.100 to cover the cost of this temporary help, and
WHEREAS, the Administrative Committee has approved the hiring of a temporary worker from an agency.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the Executive Secretary Civil Service/Personnel Director to hire a temporary clerical worker from an agency and the County Treasurer to transfer the amount necessary to fund the cost of temporary help from account no. 1430.100 to account no. 1430.435, and
BE IT FURTHER RESOLVED, that this transfer of funds shall take place only if a medical leave is deemed necessary.
VOTE: Passed 6-0.
RESOLUTION NO. 168 Motion by Smith, Second by Fitzsimmons.
RE: APPOINTMENTS - ALCOHOLISM AND SUBSTANCE ABUSE SUBCOMMITTEE
WHEREAS, vacancies exist on the Alcoholism and Substance Abuse Subcommittee.
NOW, THEREFORE, BE IT RESOLVED, that the following individuals be appointed to the
Alcoholism and Substance Abuse Subcommittee for the terms expiring as indicated:
Les Gorton December 31, 1997
Lee Hastings December 31, 1995
VOTE: Passed 6-0.
RESOLUTION NO. 169 Motion by Fitzsimmons, Second by Burnside.
RE: HEAD START INC. - AGREEMENT - MENTAL HEALTH
WHEREAS, there is a clearly identified and well documented need for mental health services for children and youth and their families, and meeting that need is often difficult due to problems of availability, accessibility, transportation and stigma, and
WHEREAS, it would be desirable and beneficial to have mental health services provided to Head Start, and
WHEREAS, there have been discussions and negotiations with Head Start resulting in a viable plan to develop these essential mental health services.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services to contract for the provision of these services with Head Start, Inc., effective immediately. Said services will be reimbursed at an hourly rate, which will be mutually agreed upon, and credited to account 4310.1620. Said agreement subject to the review and approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that this Legislature authorize the Chairman of the Schuyler County Legislature to sign said agreement.
VOTE: Passed 6-0.
RESOLUTION NO. 170 Motion by Fitzsimmons, Second by Burnside.
RE: ENDORSEMENT BY LEGISLATIVE BODY FOR MINIMUM MAINTENANCE HIGHWAY DESIGNATION
WHEREAS, there may be a Minimum Maintenance Highway Use Law enacted by New York State Senate and Assembly, and
WHEREAS, the legislative body would endorse such legislation.
NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby endorse legislation for a minimum maintenance designation endorsement, contingent upon any amounts of STATE AID which could be affected.
VOTE: Passed 6-0.
RESOLUTION NO. 171 Motion by Fitzsimmons, Second by Burnside.
RE: AUTHORIZE HIGHWAY SUPERINTENDENT TO FILL TWO (2) SEASONAL LABORER POSITIONS
WHEREAS, one (1) Motor Equipment Operator in the Highway Department has been out on Worker's Compensation since November, 1994, and
WHEREAS, there is no flag personnel available for upcoming road work, and
WHEREAS, there is money available in the 1995 budget for two (2) seasonal laborers.
NOW, THEREFORE, BE IT RESOLVED, per Resolution No. 49 of February 15, 1995, that this Legislature authorize the Schuyler County Highway Superintendent to fill two (2) seasonal laborer positions, one effective May 1, 1995 and the other effective the end of June, at an hourly rate of $7.00 per hour.
VOTE: Passed 6-0.
RESOLUTION NO. 172 Motion by Fitzsimmons, 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 19-21, 1995 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 insurances 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 1995 Watkins Glen Waterfront Festival.
VOTE: Passed 6-0.
RESOLUTION NO. 173 Motion by Fitzsimmons, Second by Burnside.
RE: AUTHORIZATION FOR NYSPIN UPGRADE AND INSTALLMENT PURCHASE AGREEMENT - SHERIFF
WHEREAS, the New York State Police have advised the Sheriff's Department that they will be upgrading the NYSPIN Computer Network, and
WHEREAS, a new installment purchase agreement is required authorizing the equipment, and
WHEREAS, there are sufficient funds in the 1995 departmental budget to cover said agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be authorized to sign Appendix E of the NYSPIN Workstation Contract (installment purchase agreement) at the rate of $223.04 per month; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
PRESENTATION BY MARTHA TWARKINS, DISTRICT RANGER FOR HECTOR NATIONAL FOREST - 7:15 P.M. - Martha said that she just recently found out that there is going to be a Rainbow Gathering at the Hector National Forest. She said that this gathering is a public gathering, which is expected to bring 1,000 people. She said that this gathering will be taking place July 28 through August 6. She said that these people meet on Shannon Pasture, which is the site of the last Rainbow Gathering. She said that the Rangers have met with a couple of individuals and the gathering was agreed to informally. She said that they have also met with several folks from County and State at the beginning of the planning phase. She said that they cannot say "no" to this gathering. She said the intent now is to figure out how to organize this to protect the people and the land. She said that she will be meeting with the Town of Hector in June to apprise them of the gathering. Legislator Halpin said that her biggest concern is the stress that will be placed on our services. She said that the Public Health Services will not be reimbursed, and that if the people at the gathering were willing to pay their own bills then it would be fine. She asked if they are willing to pay their bills for services? Martha said that she is not sure, but will check into it. Legislator Fitzsimmons stated that a few business owners are concerned with this gathering. He said that at the last one there was quite a bit of shoplifting going on and that the no shirt/no shoe rule was disregarded. Legislator Karius said that she is concerned about sanitation and that the flies will spread disease. She said that she would like to see port-a-johns placed there. Legislator Halpin asked the forest service required these people to obtain a permit? Martha said that the forest service only requires a permit if the gathering is over 5,000 people, which this gathering is not expected to be over 3,000 people. Legislator Halpin asked if environmental specialists were brought into this? Martha said that a specialist is doing an environmental assessment. She said that they are trying to meet the needs of the community. Chairman Franzese asked that if all normal laws will be enforced and will the deputies be allowed into the site area? Martha said that most definitely the deputies will be allowed to go anywhere and that all the State laws will be upheld. Legislator Fitzsimmons said that the County has proven that we can handle these types of events and named a few examples. Legislator Halpin said that Legislator Fitzsimmons' points are well taken, but would feel better about this if the people of the gathering were willing to pay for it. Chairman Franzese said that she would like a definite count of how many were attending, to be sure that they can be accommodated for, and she felt the port-a-johns are definitely needed. Presentation ended at 7:37 p.m.
RESOLUTION NO. 174 Motion by Smith, Second by Fitzsimmons.
RE: AUTHORIZE TYPEWRITER MAINTENANCE AGREEMENT - SHERIFF'S DEPARTMENT
WHEREAS, funds have been allocated in the STOP DWI budget for a maintenance agreement for typewriters used by the Stop DWI Coordinator and secretary.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement with FBM Office Equipment, Ithaca, NY in the amount of $140 for the contract period 4/1/95-3/31/96; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 175 Motion by Smith, Second by Fitzsimmons.
RE: AUTHORIZE FINGER LAKES FOREST AGREEMENT - SHERIFF'S DEPARTMENT
WHEREAS, funds have been made available through the United States Department of Agriculture - Forest Service, through the Alleghany National Forest for patrol of the Finger Lakes Forest in the Town of Hector, and
WHEREAS, this agreement covers the full cost of 26 patrols, including mileage, at the rate of $86 per patrol.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Schuyler County Sheriff be authorized to execute this agreement for the term 10/1/94-9/30/95; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 176 Motion by Smith, Second by Fitzsimmons.
RE: AUTHORIZE TYPEWRITER MAINTENANCE AGREEMENT - EMERGENCY MANAGEMENT
WHEREAS, there are funds available in the Emergency Management 1995 budget for a maintenance agreement for typewriters.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement with FBM Office Equipment, Ithaca, NY in the amount of $144 for the contract period 6/1/95-5/31/96; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 177 Motion by Burnside, Second by Smith.
RE: AUTHORIZATION TO FILL CORRECTIONS OFFICER VACANCY
WHEREAS, there is a full-time Corrections Officer vacancy in the Sheriff's Department, and
WHEREAS, there is also a full-time Deputy Sheriff out on worker's compensation, and
WHEREAS, both of these positions are crucial in order to have sufficient personnel for dispatch and jail, and
WHEREAS, funds are available in the 1995 departmental budget.
NOW, THEREFORE, BE IT RESOLVED, per Resolution No. 49-2/15/95, that this Legislature hereby authorizes the filling of a full-time Corrections Officer position in the Sheriff's Department, 1995 hourly rate of $9.88, effective immediately.
VOTE: Passed 6-0.
RESOLUTION NO. 178 Motion by Burnside, Second by Smith.
RE: AUTHORIZATION FOR FIVE (5) SEASONAL POSITIONS - SHERIFF'S DEPARTMENT
WHEREAS, Schuyler County is a major tourist attraction in the Finger Lakes Region and there is a great influx of people during the summer months, and
WHEREAS, there are many special events held in Schuyler County, including racing, craft shows, firemen's carnivals, boating events, etc., and
WHEREAS, there are not sufficient personnel in the Sheriff's Department to handle these events, and
WHEREAS, these events do not require fully certified police officers, but officers to assist the regular Deputy Sheriffs, and
WHEREAS, there are sufficient funds in the 1995 departmental budget to pay for additional personnel.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approves the creation and filling of five (5) seasonal positions in the Sheriff's Department, these positions not to be filled any longer than six months, upon proper titling by the Civil Service Commission, and
BE IT FURTHER RESOLVED, that when applicable, sponsors and promoters of special events will be billed for security services.
VOTE: Passed 5-1. (No: Franzese).
RESOLUTION NO. 179 Motion by Burnside, Second by Smith.
RE: AUTHORIZE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE TO SIGN EXTENSION TO CALGOR CONTRACT
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to execute an addendum to the contract with CALGOR (Gordon Stevens) to extend the expiration date to December 31, 1995 under the same terms and conditions for jail administration services (at a cost of $15.00 per hour, not to exceed $7,000); subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 180 Motion by Burnside, Second by Smith.
RE: LOCAL LAW NO. 1 OF THE YEAR 1995 SETTING SALARIES OF CERTAIN PUBLIC OFFICERS FOR THE YEAR 1995
WHEREAS, a proposed Local Law setting salaries of certain public officers for the year 1995 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held on May 8, 1995, 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 No. 1 of the year 1995 in the form hereto annexed, be and hereby is, passed, adopted and enacted, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature duly cause the publication of the passage, enactment and adoption of Local Law No. 1 of the year 1995, together with the required text thereof in the official county newspaper.
COUNTY OF SCHUYLER
LOCAL LAW NO. 1 OF THE YEAR 1995
A Local Law Setting the Salaries of Certain Public Officers for the year 1995.
Be it enacted by the Legislature of the County of Schuyler as follows:
1. Effective within 45 days hereof, the salaries of the public officers listed below shall be in the amounts herein stated retroactive to January 1, 1995.
2. The following public officers are subject to the provision hereof:
Commissioner of Social Services $37,700
Highway Superintendent $33,250
Deputy Highway Superintendent $29,970
Deputy Treasurer $25,727
Real Property Tax Director $26,850
Clerk of Legislature $24,305
Deputy Clerk of Legislature $20,850
Deputy County Clerk $21,598
County Attorney $34,925
Assistant County Attorney $28,965
Assistant District Attorney $18,764
Undersheriff $32,986
Civil Service Commissioners (3) $ 1,700 each
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 6-0.
RESOLUTION NO. 181 Motion by Burnside, Second by Smith.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS 130
PART-TIME ADMINISTRATIVE POSITIONS 39
HIGHWAY UNIT POSITIONS 18
FULL-TIME SHERIFF UNIT POSITIONS
PART-TIME SHERIFF UNIT POSITIONS 10
APPOINTMENTS:
EFFECTIVE
NAME
TITLE
DEPT
DATE
SALARY TYPE
Buckwalter, Corry C. Dir./Planning & Comm.
Dev. Planning
04/21/95
26,850 Perm
Coleman, Constance Real Prop. Tax Svce.
Asst. RPTA
05/01/95
17,579
Perm
Husted, Stacy
Personal
Secretary
Legislature
04/10/95
16,155
Exmt
Resotko, T.
Asst.
Pscyho.
Mental Health 04/24/95
24,519
Prov
Boyce, Nancy
Prof. Registered Nurse
Home Health 04/03/95
11.8303 NCC
Forney, Judy
Account Clerk
Social Svcs. 04/03/95
14,634
Perm
Frey-Brown, T.
Paralegal PT
Social Svcs. 04/26/95
12.3782 Perm
Loeffler, Sid
Director
Veterans Svce 04/11/95
9.8467
NCC
TEMPORARY:
Coleman, Constance Real Prop. Tax Svce.
Asst. RPT
04/24/95
17,579 Temp
Trainee 04/28/95
LEAVES OF ABSENCE:
NAME
TITLE
DEPT
DATE
Wodarski, Teresa
Caseworker Asst.
Social Svcs. 04/3/95 - 04/14/95 (Medical
Leave)
OTHER:
Clark, Stanley
Dir. Veter. Svcs.
Veterans 01/01/95
(Extension of appointment for 1/2 day per week)
Granston, Raymond
Deputy Sheriff
Sheriff
12/09/93
(Title Correction Only)
Allen, Judy
Data Ent. Mch. Op.
Sheriff
12/09/93 (Title Correction Only)
Covert, Robert
Deputy Sheriff
Sheriff
12/09/93 (Title Correction Only)
RETIREMENT:
DeBolt, Cecelia
Home Health Aide
Home Health 03/04/95
REMOVALS:
Shannon, Charlotte Typist
Home Health
04/21/95
Spiegel, Christi
Data Ent. Mch. Op.
Mental Health
04/21/95
Pittman, Sandra
Paralegal
Social Svcs.
04/13/95
Clark, Stanley
Dir. Veterans Svce.
Veterans
04/10/95
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 6-0.
RESOLUTION NO. 182 Motion by Burnside, Second by Smith.
RE: CREATION OF TEMPORARY PROBATION OFFICER/TRAINEE POSITION - PROBATION DEPARTMENT
WHEREAS, the Probation Department is facing a severe staff shortage with one Probation Officer being on sick leave and another being placed on worker's compensation effective April 26, 1995, and
WHEREAS, even though it is possible to pick up part of the caseloads left unattended by said absences, it is not physically possible to deal with the existing caseloads of both officers, and
WHEREAS, there are funds available in the 3140.1 account to temporarily fill one (1) of the above positions.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the creation of a temporary Probation Officer or Probation Officer trainee position effective immediately, at an hourly rate of $11.1812 or $10.6617, respectively, subject to approval of the Civil Service Commission and authorizes the Probation Director to fill one of the above temporary positions, and
BE IT FURTHER RESOLVED, that said temporary position will be abolished upon return to employment of either of the above full-time employees.
VOTE: Passed 6-0.
RESOLUTION NO. 183 Motion by Burnside, Second by Smith.
RE: CREATE TEMPORARY POSITION OF ACCOUNT CLERK TYPIST - PROBATION DEPARTMENT
WHEREAS, the full-time account clerk typist in the Probation Department will be going on a maternity leave of absence on or about May 20, 1995 and her anticipated return to work will be on or about July 15, 1995, and
WHEREAS, the above employee's absence will create a severe void in the efficient operation of the above department, leaving a 27 hour per week typist position the only clerical staff, and
WHEREAS, there are funds available in the 3140.1 account to temporarily fill the above void.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the creation of a temporary account clerk typist position in the Probation Department at an hourly rate of $8.0635 effective when the account clerk typist is on maternity leave and to continue until said employee returns to work, and
BE IT FURTHER RESOLVED, that the said temporary account clerk typist position is to be abolished on the date that the account clerk typist returns from maternity leave.
VOTE: Passed 6-0.
RESOLUTION NO. 184 Motion by Smith, Second by Karius.
RE: CREATE AND FILL RECEPTIONIST/TYPIST POSITION - MENTAL HEALTH
WHEREAS, a vacancy will exist in a Data Entry Machine Operator position in the Schuyler County Mental Health Clinic, and
WHEREAS, the approved funding for this position is available in the 1995 County budget.
NOW, THEREFORE, BE IT RESOLVED, that this Legislative hereby approves the creation of a Receptionist/Typist position, or such title as approved by the Civil Service Commission, Grade IV, salary of $14,495 for 1995, and
BE IT FURTHER RESOLVED, that this Legislature authorizes the advertising and filling of such position in the Mental Health Department, effective immediately upon action by the Civil Service Commission, and
BE IT FURTHER RESOLVED, that one current Data Entry Operator position be abolished upon successfully filling of the Senior Receptionist position.
VOTE: Passed 6-0.
RESOLUTION NO. 185 Motion by Smith, Second by Karius.
RE: CREATE AND FILL SENIOR DATA ENTRY OPERATOR POSITION - MENTAL HEALTH
WHEREAS, a vacancy will exist in an Account Clerk Typist position in the Schuyler County Mental Health Clinic, and
WHEREAS, the approved funding for this position is available in the 1995 County Budget.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the creation of a Senior Data Entry Machine Operator position, or such title as approved by the Civil Service Commission, Grade XII, salary of $16,155 for 1995, and
BE IT FURTHER RESOLVED, that this Legislature authorizes the advertising and filling of such position in the Mental Health Department, effective immediately upon action by the Civil Service Commission, and
BE IT FURTHER RESOLVED, that one current Account Clerk Typist position be abolished upon candidate's qualifying successfully to the Senior Data Entry Machine Operator position.
VOTE: Passed 6-0.
RESOLUTION NO. 186 Motion by Smith, Second by Karius.
RE: FILL ACCOUNT CLERK TYPIST POSITION - MENTAL HEALTH
WHEREAS, a vacancy will exist in an Account Clerk Typist position in the Schuyler County Mental Health Clinic, and
WHEREAS, this position is necessary and essential to maintain the workload and continued operation of our Mental Health Services, and
WHEREAS, funds are available in the 1995 County and State Budget.
NOW, THEREFORE, BE IT RESOLVED, per Resolution No. 49-2/15/95, that this Legislature hereby authorizes the filling of the Account Clerk Typist position, 1995 salary of $14,732, at the Mental Health Clinic, effective immediately.
VOTE: Passed 6-0.
RESOLUTION NO. 187 Motion by Smith, Second by Karius.
RE: FILL DATA ENTRY OPERATOR POSITION - MENTAL HEALTH
WHEREAS, a vacancy is forthcoming in a Data Entry Operator position in the Schuyler County Mental Health Clinic, and
WHEREAS, this position is necessary and essential to maintain the workload and continued operation of our Mental Health Services, and
WHEREAS, funds are available in the 1995 County and State budget.
NOW, THEREFORE, BE IT RESOLVED, per Resolution No. 49-2/15/95, that this Legislature hereby authorizes the filling of the Data Entry Machine Operator position, 1995 salary of $15,443, at the Mental Health Clinic, effective immediately.
VOTE: Passed 6-0.
RESOLUTION NO. 188 Motion by Halpin, Second by Karius.
RE: ESTABLISH MOBILE WORK PROJECT - DSS - RESCINDED SEPTEMBER 11, 1995
WHEREAS, Schuyler County Department of Social Services is desirous of operating a mobile work crew in order that employable Public Assistance recipients with transportation difficulties may benefit from community work experience, and
WHEREAS, the Department has received two responses to the request for proposals that was issued, 1) Schuyler ARC in the amount of $42,800, and 2) Employment Unit, Schuyler County DSS at $36,632, and
WHEREAS, Schuyler County hopes to fund this project from grant savings, but may require a transfer of funds from County contingency funds.
NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Department of Social Services is authorized to establish a mobile work crew project in the Employment Unit described in proposal (2) as on file, effective upon adoption of the state budget for a period of one year, with budgetary adjustments to be made as needed throughout the year, not to exceed $19,615 for fiscal year 1995, and
BE IT FURTHER RESOLVED, that contingent upon the approval and titling of the Civil Service Commission, Schuyler County DSS be authorized to establish and fill a caseworker position in the Employment Unit at a 1995 annual salary of $20,889, and
BE IT FURTHER RESOLVED, that the Department be authorized to fill any vacancy created by this project by promotion within the Department, pursuant to Resolution No. 49-2/15/95 (i.e. Caseworker Assistant, Principle Social Welfare Examiner, Sr. Social Welfare Examiner, Social Welfare Examiner), and
BE IT FURTHER RESOLVED, to reject the proposal from Schuyler ARC dated 4/20/95.
DISCUSSION: Legislator Fitzsimmons said that this resolution definitely needs to be adopted and that this a good first step. Legislator Burnside said that he liked the idea that people will get training to do a little better for themselves. Chairman Franzese said that this will not start until after the State Budget passes. Legislator Karius said that Sue Brill has been working hard on this for some time and is doing a great job.
VOTE: Passed 6-0.
RESOLUTION NO. 189 Motion by Halpin, Second by Karius.
RE: CONTRACT - CONPHARMA HOME HEALTH CARE, INC.
WHEREAS, the Home Health Agency has a patient who was discharged from a hospital with a need for home IV antibiotics. ConPharma Home Health Care, Inc., is providing the necessary IV drugs and supplies. The insurance company will not pay ConPharma directly, but they will pay the Schuyler County Home Health Agency, as a certified HHA, for these drugs and supplies. If the Home Health Agency does not agree to act as the pass-through agency, the patient would have to pay for the drugs and supplies, at a cost of several hundred to several thousand dollars.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with ConPharma Home Health Care, Inc., effective April 15, 1995, for the provision of drugs and medical equipment and supplies to Home Health Agency patients, and
BE IT FURTHER RESOLVED, that this contract will stipulate that the County will pay ConPharma only after receiving payment from the insurance company and after subtracting a $25 processing fee, and that this contract is subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby authorizes the transfer of $3,000 from Home Health account no. 4010.435-Professional Fees/Svcs. to account no. 4010.429-Medical Supplies/Expenses, to fund this expense.
VOTE: Passed 6-0.
RESOLUTION NO. 190 Motion by Halpin, Second by Karius.
RE: AUTHORIZE AGREEMENT WITH OFFICE OF THE STATE COMPTROLLER (OSC) FOR MUNICIPAL ADVISORY REVIEW
WHEREAS, the New York State Comptroller's Office has instituted Municipal Advisory Review Teams ($MART) to help local governments find ways to become more efficient by maximizing revenues without tax increases and minimizing expenses while still providing necessary government services, and
WHEREAS, $MART reviews will be done at no cost to local government and will be advisory, and
WHEREAS, Schuyler County does not have an Administrator or Manager who can provide recommendations for savings and efficiencies to the Legislature.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Chairman of the Legislature to sign an agreement with the Office of the State Comptroller (OSC) to provide a review of the Schuyler County Treasurer's Office and Schuyler County Public Health Office; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 191 Motion by Halpin, Second by Karius.
RE: APPOINTMENT - PRIVATE INDUSTRY COUNCIL
WHEREAS, there is a vacancy on the Private Industry Council due to the resignation of Tom Cook.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve Chairman Franzese's appointment of Bob Reed to the Private Industry Council for the remainder of the vacated term effective immediately and terminating September 30, 1995, and
BE IT FURTHER RESOLVED, that this Legislature expresses its appreciation to Tom Cook for his service to Schuyler County.
VOTE: Passed 6-0.
RESOLUTION NO. 192 Motion by Karius, Second by Smith.
RE: AUTHORIZE TRANSFER OF FUNDS - WATERSHED
WHEREAS, the Watershed Department is in need of a color monitor as their monochrome monitor will not work on the RPS system.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $160 from account no. 4050.444 to account no. 4050.200 for the aforementioned purchase.
VOTE: Passed 6-0.
RESOLUTION NO. 193 Motion by Karius, Second by Smith.
RE: APPOINTMENT - ALCOHOL BEVERAGE CONTROL BOARD
BE IT RESOLVED, that this Legislature approve the re-appointment of John Vona to the Alcohol Beverage Control Board for the term May 1, 1995 through April 30, 1997.
VOTE: Passed 6-0.
RESOLUTION NO. 194 Motion by Karius, Second by Smith.
RE: AUTHORIZE PART TIME POSITION - VETERANS SERVICE AGENCY
WHEREAS, Stanley Clark served as the Director of Schuyler County Veterans Service Agency temporarily until the completion of Sidney Loeffler's training, and
WHEREAS, there will be times when the Director will have to take unpaid leave and the office will not be opened, due to illness, vacation, etc., and it is desirous to have Stanley Clark work as needed on these days.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the hiring of Stanley Clark on an as needed basis to cover the Veterans Service Agency when the Director is absent at the rate of $9.8467 per hour; subject to approval and titling of said position by the Civil Service Commission.
VOTE: Passed 6-0.
RESOLUTION NO. 195 Motion by Karius, Second by Smith.
RE: ADOPT PLAN FOR AGRICULTURAL DISTRICT IN THE TOWN OF HECTOR
WHEREAS, the Schuyler County Legislature received a proposal in December, 1994, for the creation of an agricultural district comprised of 10,949 acres located in the Town of Hector, and
WHEREAS, the Schuyler County Planning Commission and the Schuyler County Agriculture and Farmland Protection Board reviewed the proposed agricultural district and wrote a report on their findings and recommendations to the Legislature, and
WHEREAS, the Legislature held a public hearing on the proposed district on May 2, 1995, at which there was public support for the creation of the agricultural district, and
WHEREAS, the Legislature recognizes the importance of protecting farming practices and activities in the County and the support that the agricultural district would provide to the local farming economy.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature accepts the findings and recommendations from the Schuyler County Planning Commission and the Schuyler County Agriculture and Farmland Protection Board and adopts the plan for the agricultural district as presented at the Public Hearing, and
BE IT FURTHER RESOLVED, that the Legislature will present the adopted plan to the Commissioner of Agriculture and Markets for state agency approval of the proposed district.
VOTE: Passed 6-0.
RESOLUTION NO. 196 Motion by Karius, Second by Smith.
RE: AUTHORIZE UNDERSTANDING WITH VILLAGE OF WATKINS GLEN RELATIVE TO COMMUNICATIONS TOWER
WHEREAS, the County of Schuyler is clearly not subject to Village Zoning Law, and
WHEREAS, the Communications Tower was erected upon County property under emergency circumstances for the protection of the lives and safety of county citizens, and
WHEREAS, the County has been issued appearance tickets by the Village Code Enforcement Officer because a site plan review application was not filed, and
WHEREAS, the County and Village have been negotiating the terms and conditions under which the County of Schuyler would be voluntarily willing to file such an application in good faith to save our taxpayers the cost of litigation to confirm that the County has not done anything improper either civil or criminal, and
WHEREAS, the County of Schuyler has always cooperated in good faith with the Village of Watkins Glen, and
WHEREAS, the Village has agreed per resolution passed on April 17, 1995 that upon the voluntary filing of a site plan review application by the County of Schuyler that they will:
1. Apply to the District Attorney's office to withdraw pending charges filed against Schuyler County, and
2. Not file or pursue any further appearance tickets, and
3. Pursue no further litigation, criminal or civil whatever may be the outcome or recommendation of the Planning Board, based on the Village Attorney's opinion that any such further litigation would be futile pursuant to County of Monroe v. City of Rochester, 72 NY 2d 338.
NOW, THEREFORE, BE IT RESOLVED, that the County of Schuyler will voluntarily honor the Village of Watkins Glen's request for the County to file a site plan review application for the communications tower reserving all of its legal rights under the cited Court of Appeals decision and subject to the conditions contained in the prior exchange of correspondence between the attorneys for the respective parties.
VOTE: Passed 6-0.
RESOLUTION NO. 197 Motion by Fitzsimmons, 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 6-0.
RESOLUTION NO. 198 Motion by Halpin, Second by Fitzsimmons.
RE: AUTHORIZE TRANSFER OF FUNDS - PROFESSIONAL LIABILITY INSURANCE
WHEREAS, the Clerk received notification today that the Professional Liability insurance payment would be due prior to May 15th and will be $486.00 over the budgeted amount.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $486.00 from Unallocated Insurance account no. 1910.423 to Legislative account no. 1010.418.
VOTE: Passed 6-0.
REPORT ON STANDING COMMITTEES: Legislator Halpin announced that everyone has another month in which to respond to the Management Salary Plan proposed changes. Legislator Karius said that the Agriculture Committee when on a farm trip, in which they visited a deer farm, llama farm, Christmas tree farm, and a winery. She said that all the farmers were dedicated to working off the land. She said that it was a real pleasure to see all the farmers in action. Legislator Burnside said that the Election Office is just about done and that they will be moving in before the end of the month. He said that the Buildings and Grounds Department is in the process of getting flowers outside around the building. He said that work has slowed on the Treasurer's Office and hoped that it picked back up soon. Legislator Fitzsimmons thanked all the Legislators for their support of the Probation resolutions, and wanted to announce that the Alternatives to Incarceration meeting in June will be held at the racetrack. He said that the May Highway Committee meeting will consist of a report by Mike Hatterling on coordination of Town, County and State highway departments.
UNFINISHED BUSINESS: Chairman Franzese announced that there will be a Special Meeting of the Legislature on May 18, 1995 at 2:45 in the Rural Urban Center Auditorium to act on engineering proposals and a possible financing resolution.
NEW BUSINESS: Legislator Halpin announced that Tom McGarry will be leaving Cooperative Extension.
PUBLIC PARTICIPATION - 8:10 P.M. Chairman Franzese spoke about the Five Lakes Newsletter and urged everyone to take time to read it. Legislator Fitzsimmons made note that the Walk for Heart is taking place on Saturday at the racetrack. Public Participation ended at 8:13 p.m.
The meeting adjourned at 8:14 p.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
SPECIAL MEETING
MAY 18, 1995
The May 18, 1995 Special Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 2:55 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 for Legislators Hastings, Young, and Smith, who were excused. County Attorney Coleman was also present.
PUBLIC PARTICIPATION - 2:55 P.M.: A member of the public asked about the scheduling of the building of the Fitzpatrick Hill Road bridge. Legislator Burnside stated that the gentleman could receive a copy of the schedule at the Legislative office. Public Participation ended at 2:57 p.m.
RESOLUTION NO. 199 Motion by Fitzsimmons, Second by Burnside.
RE: RATIFICATION OF SPECIAL MEETING CALL
BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business:
1. Accept/Reject Proposals for Engineering Services for Fitzpatrick Hill Road Bridge.
2. Possible Financing of bridge project(s).
VOTE: Passed 5-0.
RESOLUTION NO. 200 Motion by Fitzsimmons, Second by Karius.
RE: ACCEPT/REJECT PROPOSALS FOR ENGINEERING SERVICES FOR FITZPATRICK HILL ROAD BRIDGE REPLACEMENT PROJECT BIN #3332550
WHEREAS, Schuyler County requested proposals for engineering services for Fitzpatrick Hill Road Bridge replacement over Catharine Creek, BIN #3332550, Town of Montour, and
WHEREAS, two (2) quotes were received, one from Labella Associates in the amount of $19,500 and the other from Hunt Engineers & Architects in the amount of $18,300, and
WHEREAS, it is the recommendation of the Highway Committee to accept the quote from Hunt Engineers and Architects.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the proposal from Hunt Engineers and Architects, 185 East Corning Road, Corning, NY in the amount of $18,300 for the above mentioned project, and
BE IT FURTHER RESOLVED, that the proposal from Labella Associates be rejected, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign any necessary documents pertaining thereto; subject to approval of the Schuyler County Attorney.
VOTE: Passed 5-0.
PUBLIC PARTICIPATION - 3:00 P.M.: None.
The meeting was adjourned at 3:01 p.m.
Gail M. Willis, Clerk
REGULAR MEETING
JUNE 12, 1995
The June 12, 1995 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:30 p.m. 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.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced a possible emergency resolution by title to be brought to the floor.
PUBLIC PARTICIPATION - 6:31 P.M.: Bob Swinnerton, Chairman of the Medical Scholarship Committee, stated he would like to speak in support of Introduction Numbers 24 and 25, Award Medical Scholarship to James Coleman and Christine Franzese. He said that he brought along four members of the Scholarship Committee. Mr. Swinnerton said that the community needs physicians and he strongly urges support of these scholarships. There are seven physicians currently on duty at the hospital. He said that it has been suggested that the scholarship program be redefined concerning taking on other medical professions. He said that this program has been going on for over twenty years and that it needs to be continued. Judge Callanan, speaking in support of Introduction Numbers 24 and 25, said that Schuyler County needs a hospital and that without doctors we would not have one. He said that the two candidates for the medical scholarship are exceptionally qualified, an asset to the community, and would make a wonderful addition to the medical staff at Schuyler Hospital. He urged continuance of the program. Blanche Borzell, also supporting Introduction Numbers 24 and 25, said that the medical scholarship program has been ongoing since 1968 and that she is fully supportive of it. She noted that James Coleman III will spend nine months of his third year of schooling at Schuyler Hospital. Barb Regan, Director of Patient Services, said that there may be the need for an emergency resolution for her department and she strongly urges support of it. She said that she has one nurse out and another one possibly out in the near future. She said that she does have money in her budget for the position. James Coleman III spoke in support of Introduction Numbers 24 and 25. He said that Christine Franzese is an excellent student and would make an outstanding physician. James thanked the Legislature for their past support and would appreciate their continued support. He said that if the program was changed to a loan program, then students may not return to Schuyler County, and that the scholarship is the main reason that students do return. Casey Creamer on Introduction Number 7, Authorize Out of State Travel - Sheriff, said that he thought that the Sheriff's Department was already short staffed. He asked why deputies should be paid to do this? Legislator Burnside said that the cars were purchased through the State and that it was part of the contract that deputies had to drive the cars back. Casey felt that the County should hire drivers to go and get the cars. Legislator Hastings asked if there is any legality about who drives police cars? James Coleman, County Attorney, said that this was probably the reason. He said that only qualified people are authorized to drive emergency vehicles. Casey Creamer, on Introduction No. 1, Support RC&D Council, noted that Schuyler County is trying to cut their budget, but that they are willing to support this. He said that the principle should be to start cutting items or stop complaining about tax hikes. Chairman Franzese said that the Legislature has been very selective about what is supported. Legislator Hastings said that it is hard to receive any type of funds and therefore are supporting RC&D. She said that RC&D has since 1980 acquired for Schuyler County $211,412 for needed projects. Legislator Fitzsimmons said that some communities fight cuts while some do not; most likely to be cut. Casey Creamer said that he understands that point. Legislator Young said that everybody in the room pays taxes, but expects a yearly wage increase. He also pointed out that people do not want tax hikes, but do not want services cut either. Public Participation ended at 7:00 p.m.
PRESENTATION - DON KOSTY - TOWN OF TYRONE - 7:00 P.M.: Mr. Kosty said that 95% of residents of Waneta/Lamoka Lake would like the lakes cleaned up. He said that the Lake Association wants a special tax on the people that live on the lake for this purpose. He said that he does not know exactly what the tax is going to amount to. He said that he can't believe that these people are being hit with another tax to clean up the lake. He said that it is a State owned lake and that a lot of people use the lake, not just the people who live on the lake. A letter was sent from the Lake Association to the residents concerning this new tax, but nowhere in the letter did it state that it was going to be a tax. Chairman Franzese said that at a Community Development, Planning and Expansion Committee meeting it was stated that this was going to be a tax and that it does need to be clearly presented that way. Don Kosty said that a new survey has recently been sent out and on this new survey there is still no word "tax" on it. Chairman Franzese said that it is a long process to form a tax district. The Lake Association must first come to the Legislature with the process and suggestions for exactly what is being requested. Phil Davis, Town of Tyrone Supervisor, said that as of right now they have not been presented with anything. He said that everyone on the lakes should have an opportunity to respond to the survey. He suggested the survey be sent out while the lake people are there, during the summer months. Legislator Hastings stated that Jack Lewis came to the Agricultural Committee and talked about weed harvesting. She said that a proposal is being written by Tom Brace from the Soil and Water Department, to the Lake Association about weed harvesting. Chairman Franzese assured Mr. Kosty that all rules and regulations necessary will be adhered to for the legal creation of a tax district. She said that by working together the best solution will be found. Presentation ended at 7:12 p.m.
PRESENTATION - NORT PHILIPS - US FOREST SERVICE - 7:12 P.M.: Mr. Philips said that he has been assigned to manage the large gathering that will be in Hector in late July. He said that a few issues have been concentrated on. He said that the Sheriff's Department will be reimbursed for certain services during the gathering. As far as road work is concerned, the Town of Hector Highway Department will be reimbursed also. He said that they are working on a information sheet concerning rabies. He said that the use of pit toilets will be allowed and at the main gate three port-a-johns will be provided. Chairman Franzese asked approximately how many gatherers are expected. Nort Philips said that there is a possibility that the gathering could reach 3,000. This group has been around for 22 years and they are currently meeting in New Mexico. He offered to be at next month's meeting to answer any questions that may arise. There will be more information on this as the event gets nearer. He said that he wants to provide the sense that people are being informed. If anyone has further questions he can be reached at work at (802) 362-2307. Chairman Franzese said that she would like a follow up after the event is over. Mr. Philips said that if anyone sees anything that makes them uncomfortable, to notify someone. Legislator Halpin stated that Barb Regan, Director of Patient Services, has been attending a lot of meetings concerning this event and asked if the professional nurses would be reimbursed? Mr. Philips said that he does not see any way to reimburse nurses, but they are trying to take away as much expense to the County as possible. Presentation ended at 7:24 p.m.
PRESENTATION - JEAN HUBSCH - WANETA/LAMOKA LAKE ASSOCIATION - 7:25 P.M.: Jean Hubsch turned the presentation over to Kevin Morris. Kevin Morris said that there is a weed problem at the lake. He said that the question is how to go about cleaning the lake up. He explained that a total lake treatment is done in several steps. They have employed Weiler Mapping to set the boundaries of the lake. He said that Ron Edsall met with Steuben and Schuyler County on how to go about setting up a Lake Management District and the next step is educating the residents concerning what is going on and that a newsletter has been sent to everyone. He said the next step is a referendum of vote and that they are hoping for a late summer vote. He said that the people of the lake will be informed that it is a tax and that there are two public meetings coming up. He said that they have looked at all the possibilities and feels that SONAR is the only viable option. Chairman Franzese noted that the County is the last agency to look at the proposal. Presentation ended at 7:37 p.m.
RESOLUTION NO. 201 Motion by Hastings, Second by Young.
RE: APPROVE MINUTES OF THE MAY 2, 1995 AGRICULTURAL DISTRICT PUBLIC HEARING, MAY 4, 1995 SPECIAL MEETING, MAY 8, 1995 REGULAR MEETING AND MAY 18, 1995 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the May 2, 1995 Agricultural District Public Hearing, May 4, 1995 Special Meeting, May 8, 1995 Regular Meeting and May 18, 1995 Special Meeting of the Schuyler County Legislature be approved.
Vote: Passed 8-0.
RESOLUTION NO. 202 Motion by Young, Second by Smith.
RE: SUPPORT FOR RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL
WHEREAS, Schuyler County, its residents, the Schuyler County Legislature and its various departments, as well as other municipalities within the County over the past 22 years have directly benefited from technical and financial assistance provided by the Sullivan Trail Resource Conservation and Development (RC&D) Council in the form of more than $270,000, and
WHEREAS, the following is a listing of projects and corresponding dollars provided through the RC&D program:
Watkins Glen Flood Protection Project (completed 1980) $64,262
Townsend Road Streambank Stabilization (completed 1984) $22,015
Jackson Creek Streambank Stabilization (completed 1993) $26,000
Co. Rte. 14 Timber Bridge (completed 1993) $49,135
Willamee Road Timber Bridge (grant awarded 1995) $50,000, and
WHEREAS, these dollars were made available to Schuyler County because the County is a member of the Sullivan Trail RC&D Council through its Soil and Water Budget. (RC&D financial and technical assistance is only available to those counties which are part of an authorized RC&D Area). The RC&D program is a rural development program which has effectively provided financial and technical assistance to the rural residents of Schuyler County, and
WHEREAS efforts are currently underway in the U.S. House of Representatives to zero out the RC&D program in the upcoming 1996 federal budget.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature go on record supporting the Resource Conservation and Development program as identified in the USDA's Natural Resources Conservation Services 1996 appropriation, and
BE IT FURTHER RESOLVED, that this demonstration of support be expressed in a letter of support for the RC&D program to both House of Representatives Appropriations Committee, the U.S. Senate Appropriations Committee, Congressman Amory Houghton Jr., Senator Alfonse D'Amato, and Senator Daniel P. Moynihan.
DISCUSSION: Legislator Halpin said that this was lobbied heavily during the State budget. She said that there is always the questions as to what to support and what not to support. She said that most of the projects were extremely expensive for a small county and that she is going to support this resolution. Legislator Hastings said that RC&D was asked to look for some funds for the Village of Watkins Glen drainage problem and that even though they did not get the money they did get the engineering support to at least help the Village with that. She noted that they have helped us a great deal.
VOTE: Passed 8-0.
RESOLUTION NO. 203 Motion by Young, Second by Smith.
RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS & ARCHITECTS, P.C. - COUNTY ROAD 22
WHEREAS, New York State Department of Transportation has issued a yellow flag on County Road 22, BIN #3332590, and
WHEREAS, it is the recommendation of the Highway Superintendent and the Highway Committee to hire an engineer to do a Level I Load Rating.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign a contract with Hunt Engineers & Architects for engineering services for County Road 22 structure Level I Load Rating, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 204 Motion by Young, Second by Smith.
RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS - COUNTY ROAD 16
WHEREAS, there is an immediate need for a crossover pipe repair or replacement on County Road 16, and
WHEREAS, the Highway Committee has recommended that the Highway Superintendent investigate this situation.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign a contract with Hunt Engineers & Architects, P.C. for engineering services for the County Road 16 crossover pipe work, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 205 Motion by Young, Second by Smith.
RE: APPROVAL OF ALTERNATIVES TO INCARCERATION SERVICE PLAN 1995-1996
WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the fiscal year 1995 through 1996, and
WHEREAS, the said Plan and Budget have been reviewed and both appear to be in order.
NOW, THEREFORE, BE IT RESOLVED, that the 1995-1996 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. 206 Motion by Young, Second by Smith.
RE: AUTHORIZE INCREASING MEAL DELIVERER'S HOURS BY ONE HOUR PER WEEK
WHEREAS, 15 hours per week is insufficient to complete meal deliveries, and
WHEREAS, Georgia Paladino, Meal Deliverer, needs more time on Fridays because of additional deliveries, and
WHEREAS, the extra hour per week would still not increase the hours to the point where benefits need to be paid.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approve adding one hour per week to the regular schedule of Georgia Paladino, Meal Deliverer, bringing the total hours to 16 hours per week, there being monies available in the 6772.100 account.
VOTE: Passed 8-0.
RESOLUTION NO. 207A Motion by Burnside, Second by Fitzsimmons.
RE: MOTION TO TABLE RESOLUTION NO. 207
BE IT RESOLVED, that Resolution No. 207 be tabled.
VOTE: Passed 8-0.
RESOLUTION NO. 207 Motion by Smith, Second by Young.
RE: AUTHORIZE TRANSFER OF MONEY FROM SEIZED ASSETS ACCOUNT FOR DOG KENNEL - TABLED
WHEREAS, $900 is needed to purchase a special dog cage for the K-9 patrol.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $900 from the seized assets account to account number 3110.201 for the purchase of a dog kennel in the Sheriff's Department.
DISCUSSION: Legislator Burnside said that he had talked to the Sheriff and he said that they may get this kennel from somewhere else.
RESOLUTION NO. 208 Motion by Smith, Second by Young.
RE: AUTHORIZE OUT OF STATE TRAVEL - SHERIFF'S DEPARTMENT
WHEREAS, the Schuyler County Sheriff's Department purchased two patrol cars in New Jersey under NYS Contract that have to be picked up.
NOW, THEREFORE, BE IT RESOLVED, that two members of the Schuyler County Sheriff's Department be authorized to travel out of state to New Jersey for the aforementioned purpose during the week of May 28, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 209 Motion by Smith, Second by Young.
RE: AUTHORIZE CREATION OF TRANSPORTATION AIDE - FEMALE
WHEREAS, from time to time it is necessary for the Schuyler County Sheriff's Department to transport women prisoners, and occasionally women who are mentally ill, and
WHEREAS, it is necessary to have a female officer to accompany and transport the female subject.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the creation of Transportation Aide - Female, as titled by the Civil Service Commission, in the Schuyler County Sheriff's Department at an hourly rate of $7.12.
VOTE: Passed 8-0.
RESOLUTION NO. 210 Motion by Smith, Second by Young.
RE: AUTHORIZE DEPOSIT FOR SPAY/NEUTER PROGRAM
WHEREAS, it is the desire of the Schuyler County Humane Society to try and control the pet population in Schuyler County, and
WHEREAS, it is the intention that dogs adopted from the Schuyler County Animal Shelter should be spayed or neutered.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Schuyler County Humane Society to charge a $25.00 deposit on all dog adoptions from the Schuyler County Dog Pound and that such deposit will be refunded to the pet owner after proof of neutering or spaying, and
BE IT FURTHER RESOLVED, that if such deposit is forfeited, that the funds will stay with the Humane Society, and
BE IT FURTHER RESOLVED, that the Humane Society will conduct this program and that said program will be implemented on July 1, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 211 Motion by Smith, Second by Young.
RE: RESOLUTION OF SUPPORT FOR MAINTAINING THE CURRENT CIVIL SERVICE TESTING LEVEL
WHEREAS, local governments in New York State when there are no Civil Service lists available to hire from must hire provisionally, and
WHEREAS, provisional personnel have been known to work in a position for several years and then not make the list, and
WHEREAS, it is counterproductive to train provisional personnel and then be forced to hire another after the civil service exam has been given and a list is established.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature ask the New York State Legislature and Governor Pataki to provide the financial support to enable the State Civil Service Office to maintain the current level of Civil Service testing in order to not increase the need for provisional hiring within our local governments, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature ask that our state representatives Senator Kuhl and Assemblyman Davidsen propose or support whatever is necessary to accomplish this, and
BE IT FURTHER RESOLVED, that this resolution be sent to all our neighboring counties, Senator Kuhl, Assemblyman Davidsen, Governor George Pataki, President of State Civil Service Commission George Sinnotti and NYSAC.
VOTE: Passed 8-0.
RESOLUTION NO. 212 Motion by Young, Second by Burnside.
RE: FIX SALARY OF SCHUYLER COUNTY TREASURER FOR 1996-99
WHEREAS, Local Law No. 2 of 1975 provides that at least 90 days prior to Primary Election, the County Legislature shall finally fix the annual salaries to be paid to the County Treasurer and elected County Officers during their terms of office beginning the first day of January next following the date of such Primary Election.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature fixes the annual salary for the Schuyler County Treasurer for the years 1996, 1997, 1998 and 1999 as follows:
1996 - $35,000
1997 - $35,000
1998 - $36,000
1999 - $36,000
VOTE: Passed 8-0.
RESOLUTION NO. 213A Motion by Hastings, Second by Smith.
RE: MOTION TO AMEND RESOLUTION NO. 213
BE IT RESOLVED that Resolution No. 213 be amended to delete the last "BE IT FURTHER RESOLVED" clause.
VOTE: Passed 8-0.
RESOLUTION NO. 213 Motion by Young, Second by Burnside.
RE: FIX SALARY FOR SCHUYLER COUNTY LEGISLATORS FOR 1996 AND 1997 - AS AMENDED
WHEREAS, Local Law No. 2 of 1975 provides that at least 90 days prior to Primary Election, the County Legislature shall finally fix the annual salaries to be paid to the County Treasurer and elected County Officers during their terms of office beginning the first day of January next following the date of such Primary Election.
NOW, THEREFORE, BE IT RESOLVED, the annual salaries adopted by the Schuyler County Legislature for 1996 and 1997 shall be $5,000.00 for each of the eight (8) legislators, and
BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature for each of the years 1996 and 1997 receive an additional $7,000.00 for duties as Chairman.
VOTE: Passed 8-0.
RESOLUTION NO. 214 Motion by Young, Second by Burnside.
RE: AUTHORIZE AGREEMENT BETWEEN COUNTY ATTORNEY AND DISTRICT ATTORNEY REGARDING PROSECUTION OF A SPECIFIC JUVENILE DELINQUENT
WHEREAS, the Schuyler County Attorney's Office is the Presentment Agency in Juvenile Delinquency cases originating in Schuyler County, and
WHEREAS, the Schuyler County Probation Department has referred to the County Attorney's Office a case involving a specific juvenile, and
WHEREAS, the County Attorney's Office has substantial legal conflicts in prosecuting such juvenile, and
WHEREAS, Section 254(a)-1 of the Family Court Act authorizes the County Attorney's Office and the District Attorney's Office to enter into agreement allowing the District Attorney to prosecute such Petition in which a designated felony has occurred, and
WHEREAS, a designated felony has been alleged in this case, and
WHEREAS, such agreement is subject to the approval of the Schuyler County Legislature.
NOW, THEREFORE, BE IT RESOLVED, that the District Attorney's Office and the County Attorney's Office be authorized to enter into an agreement effective this date allowing the District Attorney to act as the Presentment Agency in the matter involving a specific juvenile delinquent, pursuant to Section 254(a) of the Family Court Act.
VOTE: Passed 8-0.
RESOLUTION NO. 215 Motion by Young, Second by Burnside.
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, 1994 through March 31, 1995, 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" (See Page 253).
VOTE: Passed 8-0.
RESOLUTION NO. 216 Motion by Young, Second by Burnside.
RE: RESCIND RESOLUTION NO. 49-2/15/95 WHICH PLACES A FREEZE ON HIRING FOR 1995 - FAILED
WHEREAS, Resolution No. 49-2/15/95 placing a freeze on hiring has created an administrative burden on all departments, and
WHEREAS, Schuyler County departments are working with minimum staff that needs to be replaced when vacancies occur, therefore making the hiring freeze ineffective.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby rescind Resolution No. 49-2/15/95 which places a freeze on hiring for 1995.
DISCUSSION: Legislator Hastings said that because of the enormous amount of time spent on hiring of personnel since the freeze it became apparent that something had to be done. The County wanted to somehow reduce taxes by decreasing positions, however, only three legislators voted against any of these positions during the freeze. She said she is sure there are many reasons that caused the legislators to vote the way that they did, but felt the freeze is not working. She said on May 29 she asked Gail Willis, Clerk of the Legislature, to write up a resolution for her to put on the agenda to rescind the freeze. She said she went in on May 31, read it and approved it. She said that her feelings at the time were to allow the departments to function properly. She said that according to County Law the power to appoint someone should lie with the department head. She said that the ultimate decision on who to hire should rest with the department head. She does not feel that the legislators are elected for this. She said that when we pass the budget, then we give the departments the right to fire and hire personnel. She feels that because her resolution was handed in by the deadline on Wednesday by 5:00 and the other resolution on this agenda was not handed in until Friday, the later could only be used as an emergency resolution, under the Rules and Policies of this Legislature. She asked that everyone consider her resolution. Legislator Smith said that he is in favor of this resolution for a couple of reasons. He said that the Legislature sets the budget and it was a bare bones budget. The department heads deserve to do their own duties, not have the Legislature totally control them, and hiring and removing people is one of their major duties. He said he thought that the Legislature should have confidence in the department heads to handle things properly. He said that he feels that everyone should support Legislator Hastings' resolution and eliminate the hiring freeze. Chairman Franzese said that she submitted her resolution to Finance with the thought that they can alter, reject or support it. Legislator Halpin said that when the freeze was instituted that everyone was well aware of what may happen with the State budget. She said that the reason for the freeze was to be able to take another look at positions being filled. She said that personally she did not vote for all positions. She said that health insurance is going to cost more, there are two bridges in need of repair as well as a culvert repair. She said that the State is not going to assume the cost of the preschool handicapped children programs as well. She said that she did not think that it was unreasonable to put the hiring freeze on and thinks that it did work in the fact the they were able to take a second look at some of the positions. She said that there are two very fine resolutions on the agenda, but personally does not like the idea of removing the hiring freeze until after the State budget comes out.
VOTE: Failed 4-4. (Names of Noes: Halpin, Young, Karius, Franzese)
RESOLUTION NO. 217A Motion by Burnside, Second by Fitzsimmons.
RE: MOTION TO AMEND RESOLUTION NO. 217
BE IT RESOLVED that Resolution No. 217 be amended so that the hiring directive reads as follows:
HIRING DIRECTIVE
Any vacancy created within a department by resignation, retirement or removal of an employee to include both part-time and full-time positions shall be filled only after contacting the committee chairperson who shall poll their committee.
VOTE: Passed 8-0.
RESOLUTION NO. 217 Motion by Young, Second by Karius.
RE: RESCIND HIRING FREEZE AND INSTITUTE HIRING DIRECTIVE - AS AMENDED
WHEREAS, the Schuyler County Legislature is deeply concerned about the fiscal health of our county government and the increasing financial responsibilities of our taxpayers, and
WHEREAS, the uncertainty over the amount of state aid to be given counties for 1995 still exists, and
WHEREAS, our taxpayers cannot afford to make up the difference for lost state and federal revenues or from any new spending initiatives mandated by our own Board, and
WHEREAS, we must also consider all the expanding fiscal responsibilities we may be facing in 1995 due to proposed changes by New York State Legislature, and
WHEREAS, this Legislature would be fiscally irresponsible to our taxpayers if it did not take some measures at this point in time to compensate for any possible loss of state funds anticipated in our 1995 budget.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature pledges to watch county spending even more closely than in the past so that we perhaps can reduce our own local rate of spending before it is too late to be of help for 1995 and to help us to prepare for what is to come in 1996, and
BE IT FURTHER RESOLVED, that in the interest of keeping county government functioning in a more efficient manner that Resolution No. 49-2/15/95 be rescinded, and
BE IT FURTHER RESOLVED, that the following directive be put into effect:
HIRING DIRECTIVE
Any vacancy created within a department by resignation, retirement or removal of an employee to include both part-time and full-time positions shall be filled only after contacting the committee chairperson who shall poll their committee.
DISCUSSION: Legislator Hastings said that the Legislature already controls the issue of new positions and that department heads are only filling positions that are needed. She said that all the Legislature is doing is stalling the department heads ability to go ahead and take care of his or her job and they should not have to come in for a 45 minute confrontation in a committee to discuss whether he needs a secretary or not. She said that when the State of New York comes in and says forty-five percent of Public Health funds are not coming, they are going to have to close the doors. She said that instituting a freeze only causes chaos for the department heads and for themselves and our big problem right now is looking at condensing; and are we doing that or are we increasing departments by setting up more new departments in the County. Legislator Halpin said that New York State could pull all of its funding and there would still be a Public Health Department. She said that this department cannot be gotten rid of. Legislator Hastings said that she would like to address this resolution to the County Attorney. The Chairman of the Legislature presented her resolution to the Clerk of the Legislature the Friday before the Finance Committee. She said that according to the Rules of Procedure all resolutions need to be to the Clerk the Wednesday prior to the Finance Committee meeting. She said that this resolution could come in as an emergency resolution if the Legislature wishes to address it as such, but asked James Coleman as the County Attorney to read the law concerning this issue. James Coleman, County Attorney, said that the Legislature may address Resolution Number 217 under two conditions giving due regard under the Rules of Procedure requiring certain timeliness presentation. He said that the first condition would be as an emergency resolution if agreed with a two-thirds vote that it is in fact an emergency resolution; the second circumstance by which this resolution could be entertained would be to suspend the rules and act on the resolution. He said that the third alternative would be to refuse to do either and make a rejection of the resolution. Chairman Franzese said that she would like to clarify that if we entertained the suggestions of the County Attorney, then every resolution from Introduction Number 18 through 28 would have to be considered as an emergency resolution. She said that through the history of this Legislature since she has been a legislator, that anything which does not make it through committee and was of importance has been referred to the Finance Committee. She said that if the Rules we adhered to as written, then Finance may never respond to a resolution and neither could the Legislative Committee. She said basically resolutions go through two committees before making it to this meeting. Legislator Hastings said that she feels that it is not fair for the Finance Committee to adopt the resolution when it was handed in with the Chairman's name as a personal resolution. She said that resolutions are not to be changed or altered in Finance. Chairman Franzese said that when she realized that there was another hiring freeze resolution, she offered to amend her resolution, which would have made a difference by just adding the hiring directive. She said that the Finance Committee took her resolution in its entirety and put it on the agenda. Legislator Young said that the Finance Committee was presented with two resolutions and felt that the second resolution was the better of the two. He said that the decision made had nothing to do with who wrote the resolution. Chairman Franzese said that she brought her resolution to Finance because it was a Finance item, the hiring freeze goes through finance, so she took it to the Committee with an option to amend it. She that they are two different resolutions and that this allows us a second opportunity. Legislator Hastings "called for the question" and added that she felt duly disrespected by the Legislature and the Finance Committee. Legislator Young said that there was not disrespect intended towards Legislator Hastings. Legislator Halpin assured Legislator Hastings that the Finance Committee was not looking for complicity. She said that they felt there was no reason to take her resolution off the agenda and that the Chairman offered to amend her resolution. She said that there was no evil intent.
MOTION by Smith to suspend the rules, SECOND by Halpin. VOTE Passed 8-0.
VOTE: Passed 8-0.
RESOLUTION NO. 218 Motion by Young, Second by Karius.
RE: AUTHORIZATION TO FILL VACANCIES - BUILDINGS AND GROUNDS
WHEREAS, Buildings and Grounds has half-time cleaners and seasonal laborers budgeted in the 1995 budget at $5.00 per hour with no benefits, and
WHEREAS, there are frequent staffing changes in these positions.
NOW, THEREFORE, BE IT RESOLVED, that these positions be exempt from Resolution Number 49, 2/15/95, and that the Schuyler County Building Maintenance Supervisor be, and hereby is, authorized to fill vacancies as they occur for half-time cleaners and seasonal laborers which are funded within the budget.
VOTE: Passed 8-0.
RESOLUTION NO. 219 Motion by Young, Second by Karius.
RE: AMENDMENT OF RESOLUTION NO. 135-95 FOR WORKFARE AND COMMUNITY SERVICE PARTICIPANTS
WHEREAS, the present Worker's Compensation insurance carrier, The State Insurance Fund, has stipulated that it is necessary to have a resolution to add Schuyler County DSS workfare participants and Community Service sentencing participants.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby amend Resolution No. 135-95 to include authorization of elective Worker's Compensation coverage for people participating in DSS Workfare and Probation Community Service sentencing programs, in Schuyler County's existing Worker's Compensation Policy No. 899747-0 to be effective 12:01 a.m. April 20, 1995, and
BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to The State Insurance Fund, Lovell Safety Management Group and David Sidle Agency.
VOTE: Passed 8-0.
RESOLUTION NO. 220 Motion by Young, Second by Karius.
RE: ACCEPT RESIGNATION OF DAVID SKEVAL - FOREST PRACTICE BOARD
BE IT RESOLVED, that this Legislature accepts, with regrets, the resignation of David Skeval from the Forest Practice Board effective immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 221 Motion by Young, Second by Karius.
RE: ACCEPT BIDS FOR THE TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN FOR THE PERIOD 7/1/95-6/30/96
WHEREAS, Resolution No. 123-4/10/95 authorized advertising for bids for transportation of preschool handicapped children, and
WHEREAS, five bids were received and reviewed on May 23, 1995.
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, 1995 to June 30, 1996 in the amount of $26 per child per day be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from the Schuyler ARC for transportation of preschool handicapped children to and from SCT BOCES-Watkins Glen from July 1, 1995 to June 30, 1996 in the amount of $65 per round trip for one child plus $5.00 each additional child be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from the Schuyler ARC for transportation of preschool handicapped children to and from UCP House, Frank Pierce Early Childhood Center, Yates ARC, Steuben Allegany BOCES from July 1, 1995 to June 30, 1996 in the amount of $105 per day for one child plus $5.00 each additional child be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from Laidlaw Transportation for transportation of preschool handicapped children to and from SCT BOCES-Horseheads from July 1, 1995 to June 30, 1996 in the amount of $146 per day up to 3 children plus $15.00 each additional child be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and
BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0. (Abstention: Smith)
RESOLUTION NO. 222 Motion by Burnside, Second by Young.
RE: AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION OF FITZPATRICK HILL ROAD BRIDGE, BIN #3332550
WHEREAS, Schuyler County accepted a proposal for engineering services for Fitzpatrick Hill Road Bridge replacement over Catharine Creek, BIN #3332550, Town of Montour, at its May 16, 1995 Special Meeting, and
WHEREAS, it is now necessary to advertise for bids for construction of same.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to advertise for bids for the construction of Fitzpatrick Hill Road Bridge, BIN #3332550, and
BE IT FURTHER RESOLVED, that bids will be opened at a Special Highway Committee meeting on August 7, 1995 at 7:45 a.m., at which time recommendation for legislative action will be made. Bids will be accepted or rejected at the August 14, 1995 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. 223 Motion by Burnside, Second by Young.
RE: CONTRACT FOR PRESCHOOL TRANSPORTATION - BRADFORD CENTRAL SCHOOL DISTRICT
WHEREAS, Schuyler County must provide transportation for preschool children with disabilities to approved education programs, and
WHEREAS, the Bradford Central School District will transport children in its district to the Frank Pierce Early Childhood Center if the county will reimburse the district for its actual expenses for school bus drivers plus $1.00 per mile, with an estimated maximum cost of $60 per day, and
WHEREAS, Schuyler County has no other transportation available through the bidding process, and
WHEREAS, the Bradford Central School District can transport a particular child at this time at an estimated cost of $25 per day because the district can split the cost between two counties.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with the Bradford Central School District to reimburse the school district for the cost of preschool transportation at the rate of $1.00 per mile plus driver costs, not to exceed a total cost of $60 per day, from May 30, 1995 through June 30, 1996; said contract is subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 224 Motion by Burnside, Second by Young.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS 130
PART-TIME ADMINISTRATIVE POSITIONS 39
HIGHWAY UNIT POSITIONS 18
FULL-TIME SHERIFF UNIT POSITIONS
PART-TIME SHERIFF UNIT POSITIONS 10
APPOINTMENTS:
EFFECTIVE
NAME
TITLE
DEPT
DATE SALARY TYPE
Brown, Noreen
Princ. Soc. Wel. Exam.
Social Svcs. 04/21/95
23,937
Perm
Metris, Sherrie
Typist
Social Svcs. 04/21/95
14,019
Perm
Landon, James
Cleaner PT
Bldgs.&Grds. 04/27/95
5.00 hr.
NCC
Gringrich, Francis
MMIS Sup./Mgd.
Care Coor Social Svcs.
05/19/95
21,614
Perm
Schockner, Rowan L. Data Entry Machine Oper.
Home Health 05/30/95
15,443
Perm
Landon, Carolynn Typist
- 27 hrs./week
Probation
04/25/95 7.6732
Perm
Halpin, James
Public Defender
Public Def.
01/01/95 28,352
Term
12/31/95
TEMPORARY:
SYETP/JTPA
Laborers
Youth Bureau 07/03/95
4.25 hr.
Temp
(47 positions) 08/25/95
Rekczis, William
Laborer Seasonal
Highway
05/01/95 7.00 hr.
Temp
Hunt, Sharon
Youth Employment
Youth Bureau 05/09/95
10.6617
Rein
Training Coord. 08/31/95
Comfort, Richard
Youth
Employment
Youth Bureau 06/26/95
10.6617
Temp
Training Coord. 08/31/95
LEAVES OF ABSENCE:
NAME
TITLE
DEPT
DATE
Reynolds, Diana
Sr. Data Entry Operator Social Svcs.
06/06/95 - 06/16/95 (Medical Leave)
Quinata, Alice
Probation Officer
Probation
04/26/95 - Indefinite (Worker's Comp.)
Wodarski, Teresa
Caseworker Asst.
Social Svcs.
04/15/95 - Indefinite (Medical Leave)
Switzer, Kenneth
Correction Officer
Sheriff
04/04/95 - 04/27/95 (Medical Leave)
Wodarski, Teresa
Caseworker Asst.
Social Svcs.
05/15/95 (Return to Work)
OTHER:
Frey-Brown Tammy
Paralegal
Social Svcs.
04/26/95 (Name change to Brown)
RESIGNATION:
Stephansky, Ellen
RPS Assistant
RPT
04/28/95
Landon, James B.
Cleaner PT
Bldgs.&Grds.
05/01/95
Hamelin, Darlene
Reg. Professional Nurse Home Health
05/12/95
LeRoux, Gilbert F.
Corrections Officer
Sheriff
03/22/95
REMOVALS:
Donnelly, Paul T.
Physician
Home Health
01/01/93
Cady, William
Social Welf. Examiner Social Svcs.
06/02/95
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 8-0.
RESOLUTION NO. 225 Motion by Burnside, Second by Young.
RE: AWARD OF MEDICAL SCHOLARSHIP - JAMES P. COLEMAN III
WHEREAS, the membership of the Schuyler County Medical Scholarship Committee at its May 3, 1995 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 will be budgeted for the fiscal year 1996, 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 1996 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 said that every student in Schuyler County deserves the scholarship and totally supports the investment of the hospital. He said that it is a good marketing idea. The folks being considered for the scholarship are exceptional. He said, for the record, that he indicated over a year ago that he would support people presently enrolled but would not support any new people. Legislator Halpin said that she also stated last year that she was not happy with the way the scholarships were worded. She said that she feels that the hospital should take this on and felt that it would not be difficult for the hospital to do so. She said that she cannot support Resolution Number 226 but will support Resolution Number 225 because there is already interest invested. She said that she would not support this again any longer. Legislator Hastings said that she feels very strongly about the budget and that there is a lot of money that goes to problem areas. We now have the opportunity to help people who study very hard to become doctors that will come back to Schuyler County. She said that she will be supporting Resolutions 225 and 226. Legislator Karius said that she agrees that there is a lot of money being put into correctional facilities and that everyone should support something good. She said that she will also be supporting these two resolutions. Legislator Young said that the scholarship encourages people want to come back to Schuyler County and that he also will be supporting these two resolutions. Legislator Burnside said that he has never received any bad feedback about spending money on this type of program and that he will be supporting these two resolutions.
VOTE: Passed 8-0.
RESOLUTION NO. 226 Motion by Burnside, Second by Young.
RE: AWARD OF MEDICAL SCHOLARSHIP - CHRISTINE FRANZESE
WHEREAS, the membership of the Schuyler County Medical Scholarship Committee at its May 3, 1995 meeting unanimously recommended that Christine Franzese of Watkins Glen, New York 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 Christine Franzese the Medical Scholarship funds will be budgeted for the fiscal year 1996, provided she shall remain eligible for same, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall prepare the necessary documents for execution by Christine Franzese for payment of the 1996 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.
VOTE: Passed 5-2. (Names of Noes: Fitzsimmons, Halpin)
(Abstention: Franzese)
RESOLUTION NO. 227 Motion by Young, Second by Burnside.
RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH NOTICE
WHEREAS, it is recommended 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 equipment expenditure in excess of $500.00 shall be approved by the department's committee except when the Department Head deems an emergency to exist. In the case of an emergency the Department Head shall submit written documentation of the emergency with the County Auditor and respective committee chairperson.
Any necessary transfer of funds within the same group of accounts (i.e. personal or equipment or contractual) shall be handled through a written memorandum from the Department Head to the County Treasurer with a copy to the respective committee chairperson. The Department Head shall be responsible for notification of transfers prior to voucher submittal.
Any other unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the 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. 228 Motion by Young, Second by Burnside.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR REPAIR OF C.R. #16 CULVERT
WHEREAS, Schuyler County authorized a contract for engineering services for County Route 16 culvert repair, Town of Dix, and
WHEREAS, it is also necessary to advertise for bids for construction of same.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to advertise for bids for the repair of County Route 16 culvert, and
BE IT FURTHER RESOLVED, that bids will be opened at a Special Highway Committee meeting on August 7, 1995 at 7:45 a.m., at which time recommendation for legislative action will be made. Bids will be accepted or reject at the August 14, 1995 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. 229 Motion by Young, Second by Burnside.
RE: AUTHORIZE RESOLUTION OF SUPPORT FOR THE CREATION OF COUNTY PURCHASING AGENT
WHEREAS, County Law Section 625 allows for the Legislature to create the office of county purchasing agent for the term for which the membership of said Legislature appointing him was elected, and
WHEREAS, it is the desire of this Legislature to investigate implementing same.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby supports the creation of the position of County Purchasing Agent, and
BE IT FURTHER RESOLVED, that this Legislature hereby directs its Personnel Director to investigate the creation of this position and request it be considered for the exempt classification, and
BE IT FURTHER RESOLVED, that if all applicable laws permit, and proper approval is obtained, that this Legislature hereby authorize the subsequent creation of County Purchasing Agent.
DISCUSSION: Legislator Halpin said the person who is presently in the position took the test and passed and is doing a fine job. He is currently involved in purchasing major items for the County and purchasing things with other Counties. She said that this is an effort to save what we consider a well trained and valuable employee at this point. It is not certain if this position is covered by Civil Service, so this is why the resolution is here for support. She added that per County Law we have the authorization to create this appointed position of Purchasing Agent. If this occurs then this position will fall under the Management Level Salary Plan, and would be a department in essence on its own, but still be very much connected with the Treasurer's Department. She said that because of the salary rate that this position might be put in, it would not be a great difference in salary. She said that if this is acted upon positively tonight that the position will be created, however, we are waiting word from the Civil Service Commission. Legislator Hastings said that it amazes her that the board has the audacity to create new departments. She said that she will definitely be voting against this position. She said that we fall under Civil Service Law and that we must abide by that law. Legislator Halpin said that she considers herself to be one of the most conservative people on the board and is always looking at dollar signs. She said that the Treasurer's Office will be taking on new responsibilities, which may turn into major, major projects, and this position needs to be taken out of the Treasurer's Office. She said that this is a possible way of resolving this. Legislator Hastings "called for the question." Legislator Smith asked the Treasurer her opinion on the substitute resolution. Nancy Peters, Treasurer, said that she is in agreement with it and that it is as far as we can go at this point. Nancy Peters said that when this position was originally created we created a part-time position and included it in her office. She said at the time she said that Purchasing should not be under her jurisdiction because it is a conflict of interest. Now that it is a full-time job and she is not getting any benefit from this person at all, as far as she is concerned it should not be under her jurisdiction, where it creates the possibility of poor internal control. She said that is should be a department head and that in most other counties it is. Legislator Hastings "called for the question."
VOTE: Passed 7-1. (Name of No: Hastings)
REPORT ON STANDING COMMITTEES: Legislator Hastings reported that Hector National Forest has shown an interest in buying property on Lake Street. She said that the Director of Real Property has instigated some new programs also. Legislator Burnside reported that they are looking at some possible changes in the parking situation. He announced that the Elections Department has moved into their new quarters. Legislator Fitzsimmons reminded everyone that the Alternatives to Incarceration meeting is on Thursday at Watkins Glen International. Legislator Burnside said that they are still not sure about the Records Management Grant and that they won't hear anything before June 24. He said that no one can afford to lose Records Management. Legislator Burnside announced that there will be an E-911 Informational Meeting on June 19 at 7:00 p.m. in the Legislative Chambers. He said that Mr. Murphy from NYNEX will be present to answer questions. He urged everyone to pass the word about the meeting. Chairman Franzese reminded everyone that there is a Special Legislative Committee meeting on June 14 at 7:00 p.m. at the County Park and also a Special Legislative Committee meeting June 27 at 7:00 p.m. in the Legislative Chambers to discuss GHI rates. Legislator Halpin said that Tom McGarry of Cooperative Extension has left as Director and that Elaine Dalrymple and Ginny Housekneckt are co-directing the program.
UNFINISHED BUSINESS: None.
NEW BUSINESS: None.
PUBLIC PARTICIPATION - 9:16 P.M.: Fred Yahn asked that if the $5,000 per year salary for legislators been changed? Chairman Franzese said no. Legislator Smith said that the legislators have been at $5,000 for 10 years. Tom Ryan said that he already has 911. Legislator Burnside said that not all areas of Schuyler County have 911. Tom Ryan asked if 911 works with cellular phones? Legislator Burnside said that he is not sure. Chairman Franzese suggested to Mr. Ryan that he come to the informational meeting and ask his questions. Public Participation ended at 9:21 p.m.
MOTION by Smith to go into executive session at 9:22 p.m. to discuss the possible sale of land, SECOND by Burnside. Motion carried 8-0.
MOTION by Smith to come out of executive session at 9:34 p.m, SECOND by Burnside. Motion carried 8-0.
The meeting adjourned at 9:35 p.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
JULY 10, 1995
The July 10, 1995 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:30 p.m. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Prayer for Gerald Crainey and son. ROLL CALL: All Legislators were present except for Legislator Fitzsimmons who was excused. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced two emergency resolutions by title.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 230 Motion by Halpin, Second by Young.
RE: APPROVE MINUTES OF THE JUNE 12, 1995 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the June 12, 1995 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 7-0.
RESOLUTION NO. 231 Motion by Hastings, Second by Karius.
RE: AUTHORIZE PETTY CASH FUND - DISTRICT ATTORNEY'S OFFICE
WHEREAS, the District Attorney needs a petty cash fund for expenses incurred by the staff for postage, faxes, etc.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to establish a petty cash fund for the Schuyler County District Attorney's Office in the amount of $30.00.
VOTE: Passed 7-0.
RESOLUTION NO. 232 Motion by Hastings, Second by Karius.
RE: SET POLICY FOR CERTIFICATES OF RESIDENCE FOR ATTENDANCE AT A COMMUNITY COLLEGE
WHEREAS, a policy needs to be in place that establishes a cutoff date for the Treasurer's Office to issue Certificates of Residence for attendance at a community college for any given semester, and
WHEREAS, surrounding counties and Corning Community College have been consulted to determine the dates currently used by these counties.
NOW, THEREFORE, BE IT RESOLVED, that the following dates be established by the Schuyler County Legislature as the last date the Treasurer will issue a Certificate of Residence for a student attending a Community College:
Fall Term The following March 1
Spring Term The following August 1
Summer Term The following November 1
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to all community colleges.
VOTE: Passed 7-0.
RESOLUTION NO. 233 Motion by Hastings, Second by Karius.
RE: AUTHORIZE CONTRACT FOR RECORDS MANAGEMENT - DSS
WHEREAS, the Records Management grant funding ends June 30, 1995, and
WHEREAS, the Department of Social Services wishes to obtain the services of the records manager for the purpose of organizing, among other things, the Child Support records, and
WHEREAS, the Department has budgeted funds available in the personal services account from a currently unfilled position.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an agreement between Schuyler County Department of Social Services and Schuyler County Clerk, as Records Management Officer for records management services for the period of July 1, 1995 - August 31, 1995 with a possible extension through October 31, 1995, not to exceed 13 weeks or $5,395; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $5,395 from account no. 6010.100 Personal Services to account no. 6010.4.400 (Contractual Expenses).
VOTE: Passed 7-0.
RESOLUTION NO. 234 Motion by Hastings, Second by Karius.
RE: AUTHORIZE TRANSFER OF FUNDS - PLANNING
WHEREAS, the Planning Department is in need of a new chair.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $150 from account no. 8020.459 to account no. 8020.200 for the aforementioned purchase.
VOTE: Passed 7-0.
RESOLUTION NO. 235 Motion by Young, Second by Burnside.
RE: NEW YORK TOURIST PROMOTION ACT - DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY - 1995-1996
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. 273-94 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 Tourist Promotion Agency for the 1995-96 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 1995-1996 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 said law, and
BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce be, and hereby is, authorized to execute any documents under the Matching Grants Program and is authorized to make application for and receive grants on behalf of the County of Schuyler pursuant to the New Commerce Department budget for 1995-1996, 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 7-0.
RESOLUTION NO. 236 Motion by Young, Second by Burnside.
RE: AUTHORIZE CHANGE ORDERS #1 AND #2 - CONTRACT WITH R.C. BILLINGS
WHEREAS, the architect is in receipt of contractor's proposal letters dated 5/30/95 and 6/19/95 relative to curb removal on 9th and 10th Street, credit for planting soil for planters, credit for not raising two window well grates, and pouring 12 sq. ft. of additional side walk, and
WHEREAS, the Buildings and Grounds Committee has reviewed the referenced change orders and recommends authorization thereof as follows:
GC-#1
Original Contract Sum was $ 158,007.00
Net change by previously authorized Change Orders $ 0.00
The Contract Sum prior to this Change Order $ 158,007.00
The Contract Sum will be increased by $ 3,065.00
The new Contract Sum will be $ 161,072.00
GC-#2
Original Contract Sum was $ 158,007.00
Net change by previously authorized Change Orders $ 3,065.00
The Contract Sum prior to this Change Order $ 161,072.00
The Contract Sum will be decreased by $ (796.00)
The new Contract Sum will be $ 160,276.00
NOW THEREFORE, BE IT RESOLVED, upon recommendation of the Buildings and Grounds Committee, this Legislature accepts said Change Orders to be funded from the courthouse renovation capital account number 004-1620.201; subject to approval of the Schuyler County Attorney.
DISCUSSION: Legislator Hastings asked where the money is coming from to pay for these change orders and if this was money borrowed for the whole parking lot and the renovation? Legislator Burnside said that it was money that came from the bond. Legislator Hastings suggested, for future reference, that the funding source be included in the resolution.
VOTE: Passed 7-0.
RESOLUTION NO. 237 Motion by Young, Second by Burnside.
RE: CONTRACT - SIMPLEX FOR MAINTENANCE AND TESTING OF FIRE ALARM SYSTEM
WHEREAS, Schuyler County has added Simplex Fire Protective Systems to the Highway Department and the Courthouse addition, and
WHEREAS, the National Fire Protection Association (NFPA) requires an annual testing and inspection of all fire protection systems in public buildings, and
WHEREAS, Buildings and Grounds Committee strongly supports the protection of life and property by approving the 1995 contract for testing and inspection as well as the full coverage contract for 1996.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the contracts between the County of Schuyler and Simplex for June 1, 1995 - December 31, 1995 for testing and inspection at a cost of $1,946.00; and for January 1, 1996 - December 31, 1996 for full coverage at a cost of $3,726.00; both contracts covering the Highway Department, the Jail, and the Courthouse system; subject to approval of the Schuyler County Attorney.
DISCUSSION: Legislator Hastings asked if this was budgeted and Legislator Burnside responded that this was already in the budget.
VOTE: Passed 7-0.
RESOLUTION NO. 238 Motion by Young, Second by Burnside.
RE: HIRE TEMPORARY DATA ENTRY OPERATOR - SHERIFF'S DEPARTMENT
WHEREAS, there is a backlog of office work and a large increase of paperwork in the Sheriff's Office and County Jail, and
WHEREAS, it is necessary to hire on a temporary basis a data entry operator.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be, and hereby is, authorized to hire a data entry operator from a temporary employment agency, and
BE IT FURTHER RESOLVED, that no more than $1,500 be transferred from account no. 3150.100 to 3150.401 for payment of said data entry operator.
DISCUSSION: Legislator Hastings said that it would be nice if the Sheriff hired a college student that was in the law enforcement field. Legislator Halpin asked if the deputy at the entrance could do this job. Legislator Burnside said that he would have to do a little job study to see if it was possible for someone to be able to be interrupted as many times as he would be. He added that the job description would have to be changed. Legislator Halpin said that she would still like to see if this is possible.
VOTE: Passed 7-0.
RESOLUTION NO. 239 Motion by Smith, Second by Young.
RE: TRANSFER OF FUNDS - SHERIFF'S DEPARTMENT
WHEREAS, it is necessary to upgrade radio equipment in the Schuyler County Sheriff's Department, particularly for drug investigations, and
WHEREAS, it is also necessary to upgrade emergency rescue equipment.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $3,000 from the seized assets reserve account to the Sheriff's 3110.201 account for the purchase of radios and emergency rescue equipment.
VOTE: Passed 7-0.
RESOLUTION NO. 240 Motion by Smith, Second by Young.
RE: AUTHORIZE HIGHWAY SAFETY PROGRAM GRANT APPLICATION - SHERIFF'S DEPARTMENT
WHEREAS, monies are available through the New York State Governor's Traffic Safety Committee for a total highway safety program, including, but not limited to a speeding program, seat belt program, helmet program, etc., and
WHEREAS, last year's grant provided $20,000 towards the salary of a deputy sheriff and it is expected to obtain at least the same amount this year for same, 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 contract with the State of New York Governor's Traffic Safety Committee for monies for certain highway safety programs; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 241 Motion by Smith, Second by Young.
RE: AUTHORIZE CONTRACT WITH SCIDA
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with SCIDA for county appropriations in the amount of $8,000 for the term 1/1/95-12/31/95, there being monies appropriated in account no. 6989.363; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 242 Motion by Smith, Second by Young.
RE: CONTRACT - PEDIATRIC PHYSICAL THERAPY SERVICES FOR EARLY INTERVENTION EVALUATIONS
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 Pediatric Physical Therapy Services to provide early intervention evaluations, effective July 1, 1995, at rates to be determined by the New York State Department of Health; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 243 Motion by Halpin, Second by Smith.
RE: CONTRACT AMENDMENT - PEDIATRIC PHYSICAL THERAPY SERVICES, P.C.: ADD OCCUPATIONAL THERAPY AND SPEECH THERAPY
WHEREAS, Schuyler County must provide related therapy services to eligible preschool children, and
WHEREAS, Schuyler County has a contract with Pediatric Physical Therapy Services, P.C., to provide physical therapy at the rate of $40 per half hour session, and
WHEREAS, Pediatric Physical Therapy Services, P.C., now has additional therapists to provide occupational therapy at the rate of $40 per half hour session and speech therapy at the rate of $35 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an amendment to the contract with Pediatric Physical Therapy Services, P.C., to provide preschool occupational therapy at the rate of $40 per half hour session and speech therapy at the rate of $35 per half hour session from July 1, 1995 through June 30, 1996, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 244 Motion by Halpin, Second by Smith.
RE: CONTRACT - SUSAN W. KELLEY FOR PRESCHOOL SPECIAL EDUCATION
WHEREAS, Schuyler County must provide special education related services to eligible preschool children according to Section 4410 of the Education Law, and
WHEREAS, Susan W. Kelley is a certified special education teacher and will provide these services at the rate of $35 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Susan W. Kelley to provide preschool special education services from July 1, 1995 through June 30, 1996 at the rate of $35 per half hour session; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 245 Motion by Halpin, Second by Smith.
RE: REINSTATE ACCOUNT CLERK TYPIST POSITION IN THE HOME HEALTH AGENCY
WHEREAS, the Home Health Agency had a vacant Account Clerk Typist position for more than ninety days so the position was terminated, and
WHEREAS, the Public Health Committee approved the Home Health Agency's request to hire a part time Account Clerk Typist.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby reinstates an Account Clerk Typist position in the Home Health Agency, and
BE IT FURTHER RESOLVED, that the temporary support from the employment agency cease upon reinstatement of the position.
VOTE: Passed 7-0.
RESOLUTION NO. 246 Motion by Halpin, Second by Hastings.
RE: AMEND EXEMPT EMPLOYEES DISCRETIONARY TIME POLICY
BE IT RESOLVED, that the Exempt Employees Discretionary Time policy included in the Policies and Procedures Manual for the County of Schuyler be amended to allow time to be taken in increments of "no more than one full work day. This day may be used in conjunction with other leave time such as vacation, personal or holiday, however only one day of Discretionary Time shall be used during any period of leave."
VOTE: Passed 7-0.
RESOLUTION NO. 247 Motion by Halpin, Second Hastings.
RE: CREATE PUBLIC HEALTH EDUCATOR POSITION AND AUTHORIZE THE PUBLIC HEALTH OFFICE TO FILL THE POSITION
WHEREAS, the New York State Department of Health (NYSDOH) has state aid funds available to increase public health programs in Schuyler County, and
WHEREAS, if the county has a full-time qualified Public Health Educator and if the county initiates and expands upon specific public health programs, the NYSDOH would reimburse the county for the salary of the Public Health Educator and for the cost of new programs, and would also increase the state aid reimbursement rate for certain programs already in place from 40 percent to 100 percent, up to a maximum of $170,000, and
WHEREAS, the Schuyler County Legislature would like to access these funds and increase public health services in Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby creates the position of Public Health Educator, at grade level XXV, with an annual salary of $22,615 and authorizes the Public Health Office to fill the position, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is authorized to transfer funds as follows:
-13,308 4010.435 Contracted services
+11,308 4010.100 Personal Service
+1,000 4010.400 Contractual Expense
+1,000 4010.472 Brochures
DISCUSSION: Legislator Hastings asked if everything was cleared with the hospital and Legislator Halpin said that she spoke with the hospital and that everything is clear. Legislator Hastings said that she has been very adamant about not creating new positions in this County and asked that this matter be explained by the committee chairman so people would understand why she would be voting for this position. Legislator Halpin said that in the Public Health area there are several poorly funded programs that we could increase to 100% reimbursement if we met certain requirements. She said that if we do not provide all of the services, then they will only reimburse us at 40%. One of the particular areas is the health educator which is funded by $20,000 in the current budget which will almost cover the salary. This also entails that this individual be able to do the three things that we are missing in the Family Health area. This position will enable us to get 100% reimbursement on our expenses, which will more than pay for the position. Barbara Regan, Director of Patient Services, reiterated that the reimbursement will more than pay for salary and benefits. Chairman Franzese said that this is really an investment for gathering more services and money for our County.
VOTE: Passed 7-0.
RESOLUTION NO. 248 Motion by Halpin, Second by Hastings.
RE: AMENDMENT AND MODIFICATION OF RULE 22 OF COUNTY LEGISLATURE'S RULES OF PROCEDURE
WHEREAS, notice of modification of paragraph 11 of Rule 22 of the Rules of Procedures as adopted January 13, 1992 was given in accordance with Rule 29.
NOW, THEREFORE, BE IT RESOLVED, that paragraph 11 of Rule 22 be amended and 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 equipment expenditure in excess of $500.00 shall be approved by the department's committee except when the Department Head deems an emergency to exist. In the case of an emergency the Department Head shall submit written documentation of the emergency with the County Auditor and respective committee chairperson.
Any necessary transfer of funds within the same group of accounts (i.e. personal or equipment or contractual) shall be handled through a written memorandum from the Department Head to the County Treasurer with a copy to the respective committee chairperson. The Department Head shall be responsible for notification of transfers prior to voucher submittal.
Any other unappropriated account expenditure shall be referred by the department's Committee, with its recommendation, to the 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 7-0.
RESOLUTION NO. 249 Motion by Halpin, Second by Hastings.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS 130
PART-TIME ADMINISTRATIVE POSITIONS 41
HIGHWAY UNIT POSITIONS 18
FULL-TIME SHERIFF UNIT POSITIONS 32
PART-TIME SHERIFF UNIT POSITIONS 10
APPOINTMENTS:
EFFECTIVE
NAME
TITLE
DEPT
DATE SALARY
TYPE
Clark, Stanley
Dir. Veterans Services
Veterans 06/29/95
9.8846
Subs
Starbuck, Margaret Sr. Account Clerk
Typist PT Treasurer
06/05/95
8.8423
Perm
Voorheis, Joan
Data Entry Machine Op.
Mental Health 06/05/95
15,943
Perm
Pringle, Dawn
Sr. Data Entry Operator
Mental Health
06/05/95 17,726
Prov
Hubbell, Lois
Data Entry Machine Op.
Mental Health
06/05/95 15,518
Perm
Hunt, Sharon
Youth Employment
Youth Bureau 05/09/95
10.6617
Perm
Training Coord. 08/31/95
Kasprzyk, Marcia Public Health
Nurse
Home Health 01/01/95
25,019
P/Prom
Allmaier, Melissa
Public Health Nurse
Home Health 01/01/95
13.5357
P/Prom
Regensburg, Geraldine Account Clerk Typist
Mental Health 07/03/95
14,732
P/Cont
Cornell, Holly
Cleaner PT
Bldgs.&Grds. 06/15/95
5.00 hr
NCC
TEMPORARY:
Shannon, Charlotte Account Clerk Typist
Probation
06/09/95 8.0634
Temp
Undetermined
Landry, William
Laborer - Seasonal
Bldgs.&Grds. 06/13/95
5.00 hr
Temp
09/13/95
Reed, Joan E.
Transport Aide Female
Sheriff
06/12/95 7.12 hr
Temp
10/12/95
Zeigler, Andrew Seasonal
Assistant
Sheriff
06/04/95 7.85 hr
Temp
10/04/95
Claire, Eric
Laborer
Highway
06/26/95 7.00 hr
Temp
08/31/95
LEAVES OF ABSENCE:
NAME
TITLE
DEPT
DATE
Brown, Tammy
Paralegal
Social Svcs. 06/2/95 - 08/07/95 (Maternity Leave)
Crane, Karen S.
Acct. Clerk Typist Probation
06/06/95-Indefinite (Marternity Leave)
Dykshoorn, Sandra
Registered Nurse
Home Health 03/22/95-Indefinite (Disability)
Rudy, Kevin C.
Correction Officer
Sheriff
06/06/95-Indefinite (Medical Leave)
Wheaton, Fred
Automotive Mech.
Highway
06/01/95-Indefinite (Worker's Comp.)
Rudy, Kevin C.
Correction Officer
Sheriff
06/23/95 (Return to Work)
Reynolds, Diana
Sr. Data Entry Opr.
Social Svcs.
06/19/95 (Return to Work)
OTHER:
Allmaier, Melissa
Public Health Nurse
Home Health 03/06/95
(Increased hours from 20/wk. to 25/wk. temporarily)
Foote, Robert
Correction Officer
Sheriff
05/28/95
(Change from part-time to full-time)
RETIREMENTS:
Thompson, Walter
Automotive Mechanic
Highway 06/30/95
REMOVALS:
Pringle, Dawn M.
Data Entry Mach. Op.
Mental Health 06/02/95
Landry, William
Laborer Seasonal
Bldgs.&Grds. 06/06/95
Comfort, Richard
Youth Employ. Train. Coord Youth Bureau
06/26/95
Fiske, Donna J.
Registered Nurse Per Diem Home Health
06/12/95
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
DISCUSSION: Chairman Franzese said that she would like to note that one of our employees, Walter Thompson, will be retiring and she will be writing a letter of thank you for his service.
VOTE: Passed 7-0.
RESOLUTION NO. 250 Motion by Smith, Second by Young.
RE: COUNTY OPPOSITION TO USE OF STATE RETIREMENT FUNDS FOR PURPOSES OTHER THAN THE "EXCLUSIVE BENEFIT" OF MEMBERS AND RETIREES
WHEREAS, the New York State Legislature recently passed a bill that provides a supplementation benefit for retirees beginning September 1, 1995, and
WHEREAS, the same bill also includes a raid of the supplemental reserve fund allowing this to be used for other purposes, and
WHEREAS, the Schuyler County Legislature agrees that the retirement funds shall be used only for the "exclusive benefit" of members and retirees.
NOW, THEREFORE, BE IT RESOLVED, since this action would not be in the best interest of state and local governments, that the Schuyler County Legislature requests our state representatives, Senator John R. Kuhl, Jr. and Assemblyman Donald Davidsen, and Governor Pataki to do whatever is necessary to prevent these funds from being used for other purposes than for the exclusive benefit of members and retirees.
VOTE: Passed 7-0.
RESOLUTION NO. 251 Motion by Smith, Second by Young.
RE: A LOCAL LAW TO IMPOSE A SURCHARGE TO PAY FOR THE COSTS ASSOCIATED WITH OBTAINING AND MAINTAINING AN ENHANCED 911 EMERGENCY TELEPHONE SYSTEM AS AUTHORIZED BY ARTICLE 6 OF THE NEW YORK COUNTY LAW
WHEREAS, the Schuyler County Legislature has determined that the implementation of E-911 is in the best interest of its citizens, and
WHEREAS, it is necessary to implement the telephone surcharge in order to purchase the necessary equipment, and
WHEREAS, the County held an informational meeting on E-911 to answer any questions or concerns from the public.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3 of 1995, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and
BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on August 14, 1995 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
LOCAL LAW INTRO. NO. 3 OF THE YEAR 1995
BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF SCHUYLER as follows:
Section 1. Short Title.
This law shall be known as the "E9-1-1 Surcharge Law."
Section 2. Purpose. To implement a telephone surcharge, as authorized by Article 6 of the New York State County Law for the purpose of funding the costs of an Enhanced 9-1-1 system.
Section 3. Definitions.
When used in this law, the following words and phrases shall have the following meanings, unless the specific context clearly indicates otherwise:
A. "E9-1-1 System" - An enhanced emergency telephone service which automatically connects a person dialing the digits 9-1-1 to the established public servicing answering point which includes, but shall not be limited to, selective routing, automatic number identification and automatic location identification.
B. "E9-1-1 Service Area" - The area within the geographic boundaries of Schuyler County.
C. "Public Safety Agency" - A functional division of a public agency which provides or has the authority to provide police, fire fighting, emergency medical or ambulance services or other emergency services or a private entity which provides emergency medical or ambulance services.
D. "Public Service Answering Point" - The communications facility which receives the E9-1-1 calls from persons within the E9-1-1 service area and directly dispatches the services of a public safety agency or extends, transfers, relays or otherwise routes E9-1-1 calls to the appropriate public safety agency.
E. "Service Supplier" - Telephone corporation which provides local exchange access service within the E9-1-1 service area.
F. "System Costs" - The costs associated with obtaining and maintaining telecommunication equipment and the telephone services costs necessary to establish and provide an E9-1-1 system.
Section 4. Purpose and establishment of surcharge for system costs.
A. The E9-1-1 Surcharge Law shall provide the mechanism by which to impose a surcharge, in the amount of $.35 per month for each access line of all customers of every service supplier within the County, to pay for the costs associated with obtaining and maintaining the tele-communication equipment and telephone services needed to provide an E9-1-1 emergency telephone system.
B. Each service supplier within the E9-1-1 service area shall begin to add the surcharge to the billings of its customers 45 days following notice by the County to impose such surcharge.
C. Any service supplier within the County required to impose a surcharge pursuant to the provisions of this article shall be given a minimum of 45 days written notice prior to the date it shall begin to add such surcharge to the billings of its customers or prior to any modification to, or a change in, the surcharge amount.
Section 5. Application; Limitations; Exemptions.
A. The surcharge imposed pursuant to this law shall be imposed on a per access line basis on all current bills rendered for local exchange access service within E9-1-1 service area.
B. The surcharge shall have uniform application and shall be imposed throughout the entire E9-1-1 service area to the greatest extent possible in conformance with the availability of the E9-1-1 system within the County.
C. No surcharge shall be imposed on more than 75 exchange access lines per customer per location.
D. Life line customers and the County shall be exempt from the surcharge imposed pursuant to this law.
Section 6. Collection of Surcharge.
A. Each appropriate service supplier serving the E9-1-1 service area shall act as collection agent for the County and shall remit the surcharge funds collected to Schuyler County each month. Such funds shall be remitted no later than 30 days after the last business day of each such period. The service supplier shall retain, as an administrative fee, an amount equal to two (2) percent of its collections of the surcharge.
B. The surcharge required to be collected by the service supplier shall be added to and stated separately in its billings to the customer.
C. The service supplier shall annually provide to the County an accounting of the surcharge amounts billed and collected.
Section 7. Liability for Surcharge.
A. Each service supplier customer who is subject to the provisions of this law shall be liable to the County for the surcharge until it has been paid to the County, except that payment to a service supplier is sufficient to relieve the customer from further liability for the surcharge.
B. The service supplier shall have no obligation to take any legal action to enforce the collection of any surcharge. However, whenever the service supplier remits the funds collected as the surcharge to the County, it shall also provide the County with the name and address of any customer refusing or failing to pay the surcharge imposed by this law and shall state the amount of such surcharge remaining unpaid.
C. The County is authorized to apply any and all legal remedies to enforce collection of the surcharge from delinquent users without further authorization of the County Legislature.
Section 8. System Revenues.
A. All surcharge monies remitted to the County by a service supplier and all other monies dedicated to the payment of system costs from whatever source derived or received by the County shall be expended only upon authorization of the County Legislature and only for payment of system costs as permitted by this law. The County shall separately account and keep adequate books and records of the amount and source of all such revenues and of the amount and object or purpose of all expenditures thereof. If at the end of any fiscal year the total amount of all such revenues exceeds the amount necessary and expended for payment of system costs in such fiscal year, such unencumbered cash surplus shall be carried over for the payment of system costs in the following fiscal year. However, if at the end of any fiscal year such unencumbered cash surplus exceeds an amount equal to five percent of that necessary for the payment of system costs in such fiscal year, the County Legislature shall by local law reduce the surcharge for the following fiscal year to a level which more adequately reflects the system cost requirements of its E9-1-1 system. The County Legislature may also, by local law, reestablish or increase such surcharge, subject to the limitations established by Article 6 of the County Law, if the revenues generated by such surcharge and by any other source are not adequate to pay for system costs.
Section 9. Miscellaneous Provisions.
A. The County public service answering point within the E9-1-1 service area shall be operated on a 24 hour basis.
B. The enactment of this law shall in no way preclude or restrict the County from applying for and accepting federal monies or accepting contributions and donations from any source whatsoever for the purpose of funding an E9-1-1 emergency telephone system.
C. Records, in whatever form they may be kept, of calls made to a County's E9-1-1 system shall not be made available to or obtained by any entity or person, other than the County's Sheriff or Fire Coordinator or their designee, or a private entity or person providing medical, ambulance or other emergency services, and shall not be utilized for any commercial purpose other than the provision of emergency services.
Section 10. Separability.
If any provision of this local law, or the application thereof to any person or circumstances is held invalid, the remainder of this local law, and the application of such provisions to other persons or circumstances shall not be effected thereby.
Section 11. Effective Date.
This local law shall take effect upon filing with the Secretary of State.
DISCUSSION: Chairman Franzese noted that this is just an introduction of a local law, which sets a public hearing date. She said that the public hearing will be August 14, 1995 at 7:00 p.m. in the Legislative Chambers, which is our next Regular meeting. She said at that time there will be more information presented relative to costs. Legislator Halpin said that she voted no on this in Finance Committee, not because she is necessarily opposed to the concept, but at this point we do not have any numbers as to the cost of the equipment. Legislator Burnside said that as of right now it looks like leasing the equipment is the better way to go. He said that leasing the equipment will cost less than what we take in each month. He said that the leasing will give us 24 hour maintenance service and that at the end of five years, because of the way technology is moving, we will probably get new equipment. Chairman Franzese said that it has been clarified that the $.35 line charge will only be put on the outside line, not the internal extensions in the home. She said that if a person has one phone number but more than one phone with the same number, you only get one $.35 charge. She said that if you have two separate lines, then you get charged for each line. Legislator Halpin asked if there was a possibility that the charge may be less than $.35? Legislator Burnside said that the money taken in can be used for an upgrade or adding to the equipment. Legislator Halpin said that theoretically if we continue with another lease that has the same conditions in it, we would not need extra dollars because the line charge would continue. Legislator Burnside said that is possible. Legislator Halpin suggested we could go with a $.30 line charge. Legislator Burnside said that they have not gone that far yet. Legislator Smith said it doesn't seem realistic to him that the second lease would be less when the equipment is being upgraded. He said that more than likely it is going to cost more money. Chairman Franzese said that she is very surprised and pleased that this purchase can be annually covered by our line charge. She said that she is sure that there are some hidden costs. She said for people to note that there is no date to enact 911 in this local law and that we have up to three years to enact the 911 service. She said that this money can be used towards any costs for the tower and can help pay for the debt on the tower. Legislator Burnside said that he hopes that once the system is implemented, that no one has cause to use it.
VOTE: Passed 7-0.
RESOLUTION NO. 252 Motion by Smith, Second by Young.
RE: AMEND RESOLUTION ESTABLISHING BUDGET ACCOUNT NO. 6772.200 - OFFICE FOR THE AGING
WHEREAS, WRAP, a federal program, runs from July 1994 to December 1995 (18 months), and
WHEREAS, the available funding has changed several times since the initial revenues, and
WHEREAS, somehow, this change never made it into the 1995 county budget, and
WHEREAS, the computer equipment, approved by the Human Services Committee, needs to be ordered to satisfy NYSOFA's request that all area agencies have standardized computer equipment.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to amend the Office for the Aging's 1995 budget by the addition as follows:
+6,300 6772.200
+6,300 6772.4772
VOTE: Passed 7-0.
RESOLUTION NO. 253 Motion by Smith, Second by Young.
RE: AUTHORIZE OUT OF STATE TRAVEL - DISTRICT ATTORNEY
WHEREAS, the New York State Association of District Attorneys annual conference is being held in Ontario, Canada, and
WHEREAS, this Legislature prohibits out of state travel for locations outside a sixty mile radius of the Village of Watkins Glen.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes its District Attorney, J.C. Argetsinger, Esq., to travel to Ontario, Canada to attend the 1995 NYS Association of District Attorneys annual conference.
VOTE: Passed 7-0.
RESOLUTION NO. 254 Motion by Karius, Second by Burnside.
RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH NOTICE
WHEREAS, it is recommended to amend for clarification Paragraphs 1 and 3, Rule 12 of the Rules of Procedure of the Schuyler County Legislature.
NOW, THEREFORE, BE IT RESOLVED, that notice of the following modification of Rule 12 (Paragraphs 1 and 3) be, and hereby is given, pursuant to Rule 29 of said Rules of Procedure:
PARAGRAPH 1
"All Standing Committee resolutions and local laws, with the exception of Finance and Legislative Committees shall be reduced to writing, signed by the author, Committee Chairman or next ranking member of the Committee offering the same and filed with the Clerk of the Legislature not later than 5:00 p.m. on the Wednesday prior to the first Monday. Every resolution and local law shall contain a short title generally setting forth the purpose and nature of the proposed action.
PARAGRAPH 3
"Any and all resolutions and local laws not filed with the Clerk as of 5:00 p.m. on the Wednesday prior to the first Monday shall not be presented, considered, discussed or voted upon at the following legislative session except resolutions that are presented to the Finance and Legislative Committees, and Emergency Resolutions. Emergency Resolution is one which concerns any matter where delay in the consideration thereof would adversely affect the interests of the County, the Legislature, or any department, official or agency of the County or the public."
DISCUSSION: Legislator Hastings said that she will be voting no on this resolution because she feels that the process in which we have is a fair and equitable one between department heads and legislators. After lengthy discussion, it was agreed by the sponsors that "amend for clarification" will be added to the resolution.
VOTE: Passed 5-2. (Names of Noes: Hastings and Smith).
RESOLUTION NO. 255 Motion by Karius, Second by Burnside.
RE: AUTHORIZE RECYCLING/SOLID WASTE COORDINATOR TO APPLY FOR STATE ASSISTANCE FOR A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM AND ASSURE THAT AT LEAST CURRENT FUNDS WHICH ARE SET ASIDE FOR A PROGRAM OF THIS NATURE BE AVAILABLE IN 1996
WHEREAS, Schuyler County is a county abundant in healthy but fragile natural resources and has an agricultural economy which generates $13 million in gross sales that also helps to maintain open spaces; and whereas the county has a large tourism industry that is largely dependent on our agriculture and natural resources.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature considers a Household Hazardous Waste Collection Program that includes farms and an educational program emphasizing alternatives and reduction of hazardous waste, as very important for the coming year and the future, and
BE IT FURTHER RESOLVED, that this Legislature reaffirms it commitment of $20,000 in acct. #8160.364 is dedicated to this effort so that the Recycling/Solid Waste Coordinator can begin to devote time to the organization of this program and be assured that funds will be available in the Spring of 1996, and
BE IT FURTHER RESOLVED, that the Recycling/Solid Waste Coordinator is authorized to apply for grant monies for this program although Environmental Trust Fund monies will have to be applied for in April, 1996 for a Spring 1996 Collection Program.
VOTE: Passed 7-0.
RESOLUTION NO. 256 Motion by Karius, Second by Burnside.
RE: AUTHORIZE SOLICITATION OF QUOTES FOR GROUP HEALTH INSURANCE (GHI)
WHEREAS, the County of Schuyler is interested in soliciting quotes for Group Health Insurance (GHI), and
WHEREAS, the Chairman met with the union presidents on June 13, 1995 and received their consent to solicit comparative quotes on only Group Health Insurance.
NOW, THEREFORE, BE IT RESOLVED, that the Clerk of this Legislature, in conjunction with the Purchasing Specialist, be and hereby is, authorized to solicit quotes for Group Health Insurance at equal or better coverage than the current insurance plan, and
BE IT FURTHER RESOLVED, that the union representatives shall be invited to all presentations on this subject.
VOTE: Passed 7-0.
RESOLUTION NO. 257 Motion by Karius, Second by Burnside.
RE: RULES OF PROCEDURE MODIFICATION - ONE MONTH NOTICE
WHEREAS, it is recommended to amend Rule 25 of the Rules of Procedure of the Schuyler County Legislature to be effective January 1, 1996.
NOW, THEREFORE, BE IT RESOLVED, that notice of the following modification of Rule 25 be, and hereby is given, pursuant to Rule 29 of said Rules of Procedure:
RULE 25 STANDING COMMITTEES OF THE LEGISLATURE
PUBLIC SAFETY AND CRIMINAL JUSTICE
GOVERNMENTAL OPERATIONS
MANAGEMENT & FINANCE
PUBLIC WORKS
COMMUNITY DEVELOPMENT AND NATURAL RESOURCES
HEALTH SERVICES
HUMAN SERVICES
LEGISLATIVE
VOTE: Passed 7-0.
RESOLUTION NO. 258 Motion by Karius, 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 7-0.
RESOLUTION NO. 259 Motion by Young, Second by Smith.
RE: AMEND RESOLUTION NO. 379-91/AUTHORIZE TRANSFER OF FUNDS
BE IT RESOLVED, that Resolution No. 379-91 (Create Records Manager Position/Abolish Clerk Position - Records Management Program - County Clerk) be amended by changing the last "Be It Further Resolved" as follows:
"BE IT FURTHER RESOLVED, that the Records Manager position shall terminate no later than October 31, 1995.", and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer $5,395 from Contingency account no. 1990.5 to Records Management account no. 1460.100 and 1460.489 accordingly.
DISCUSSION: Chairman Franzese said that this resolution goes along with the prior Records Management resolution on tonight's agenda. She said that they investigated the use of some excess grant funds for microfilming, but Betty Glick, County Clerk, clarified that these funds could not be used for this purpose. She said that the money needs to be taken out of contingency to pay for Linda's salary and Social Services will repay us for Linda's services. Nancy Peters, Treasurer, said that the monies did not include fringes, and therefore, the County would have to pay for fringes. Gail Willis, Clerk of the Legislature, said that the fringes were to be incorporated into the contract, in which Social Services would pick up the cost for fringes. Nancy Peters said that fringes could not be included in a .100 account, and therefore, would need another account. After discussion, is was deemed that account number 1460.489 would be included in the resolution. Legislator Hastings said that the County has been notified of a 24% cut in Social Services. She said that instead of looking for someone to hire, we should be looking for ways to cut back. Chairman Franzese said that the 24% cut is in the area of block grants and nothing to do with this. She said that this position will only be until the end of October at the latest. Legislator Burnside said that we have the microfilming equipment which was paid for by the grant and there is a lot of microfilming left to do. This would benefit all departments. Legislator Hastings asked if the grant was still available for the Records Manager position, who would be doing this for Social Services and using the money that Social Services has set aside other than Linda Strong? Chairman Franzese explained that the person that does this job has to be a qualified Records Manager and that this person has passed the test and is qualified.
VOTE: Passed 6-1. (Name of No: Hastings).
RESOLUTION NO. 260 Motion by Burnside, Second by Smith.
RE: AUTHORIZE CONTRACT WITH FEDERAL FOREST SERVICE - SHERIFF'S DEPARTMENT
WHEREAS, it is necessary for the Schuyler County Sheriff's Department to assist the Federal Forest Service in policing the upcoming Rainbow Gathering, and
WHEREAS, funds are available to reimburse policing the event through the Federal Forest Service.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature and the Schuyler County Sheriff be authorized to sign an agreement with the Federal Forest Service for reimbursement of all wages and expenses incurred by the Sheriff's Department at the Gathering; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
REPORT ON STANDING COMMITTEES: Legislator Hastings reported that the Agricultural and Natural Resources Committee met with members of the Lakes Association to try and work out plans to help with the weed harvesting. A proposal to the Lakes Association was suggested to see if financing could come from the Lakes Association rather than from Tom Bisbrow. The Committee never heard back from him, so it was felt the cost must have been too high. She said that two gentlemen who appeared before them who live on the lake wished to borrow the weed harvesters to do the harvesting themselves and were willing to take the money that would have been used for the lake, but in checking with our County Attorney and County insurance providers they discovered that they could not do this and that we fall under Highway Law for equipment. So it was impossible for them to do. She said that each year they do two harvestings on the lake and it starts in the middle of May and goes to the middle of October. She said that because we are into the middle of July, we will only have one harvesting and by the time it is finished it will be the end of October. We receive $78,000 each year for aid to localities for a grant to run these programs. There are two harvesters, a small dump truck, a one-ton truck, two conveyers, and a trailer, so there is plenty of equipment involved in this program. At the meeting it was decided that a district was not feasible for 1995 and they have been assured by Senator Randy Kuhl that the monies for 1996 will be here. They also discussed the lake level proposals for Seneca and Cayuga Lake. It has become a concern to many people, mainly because of the fish spawning and the fish and wildlife group are very worried about it. She reported that we received a resolution from Seneca County and were also asked to write a resolution notifying the Governor that we were against the proposals. She said that the Committee wanted to study it more before suggesting a resolution. Tom Brace from Soil and Water and Cooperative Extension are going to get a program together in the next few weeks and invite the public and fish and wildlife group so everyone will have a better understanding. Legislator Hastings said that the Assessment and Taxation Committee will be appearing before the Town of Hector Board to discuss the National Forest buying up so may pieces of property in Schuyler County. She said that they assured them that there were not funds available to buy much more property. Chairman Franzese said that she wants that Committee to make clear that this issue has never been brought before the full Legislature. Legislator Karius made note of the amount of acreage that has been purchased by the National Forest, which is taken off our tax rolls. Chairman Franzese said that Seneca County has written a resolution which would require the National Forest to pay taxes on these lands. Legislator Hastings reported that she attended a Village of Watkins Glen meeting and they were concerned over the parking next to the sidewalk in our parking lot. The Village feels that there should not be any parking next to the parking lot. Legislator Burnside agreed that there should not be any parking there and once the Local Law is in place and enforced there will not be any parking permitted there. Legislator Karius said that Sue Brill will be attending the Town of Hector meeting to talk about the mobile work crew. Chairman Franzese said that the Legislative Committee, in discussing of the new budget process, has decided to set a goal for a 0% increase in the tax levy. She requested a motion of the full Legislature for the same idea.
MOTION by Halpin to write a memorandum to departments asking them for a 0% increase in the tax levy for 1996 budget, SECOND by Burnside. VOTE: Passed 6-1. (Name of No: Smith)
UNFINISHED BUSINESS: Chairman Franzese said that there was a tabled resolution for a part-time Account Clerk Typist in the Home Health Agency. She asked Legislator Halpin if she would like to bring this resolution off the table, for it was a moot point, or leave it on the table? Legislator Halpin said that she will leave it on the table. Chairman Franzese asked Legislator Burnside if he wanted to take the resolution concerning the K-9 program off the table? Legislator Burnside said that he will wait for the presentation and take it off the table next month. Legislator Smith said that he thought the presentation is important for the rest of the Legislature to hear. He said that he thought the Sheriff wanted this taken care of as soon as possible. Legislator Burnside said that it can stay tabled and be taken care of next month.
NEW BUSINESS: Legislator Hastings asked about the status of the State Budget for 1996. Chairman Franzese commented that she is constantly collecting information concerning the budget and she is compiling the information.
PUBLIC PARTICIPATION - 8:12 P.M.: Casey Creamer asked for clarification on the cost of the new E-911 system. Legislator Burnside said that he thought that the charge is per subscriber and not per line. Chairman Franzese said that in the resolution it states that it is per access line, not per subscriber. Legislator Burnside said that he would look into Casey's concerns. Tom Ryan said that if the Village will be enforcing the parking once the local law is instituted, then there should be a notice in the paper that this will be taking effect. Chairman Franzese said that she met with Kevin and Susan Peck of the Arts Council and that the Village of Watkins Glen will be awarded $900 for Arts in the Park. Public Participation ended at 8:30 p.m.
MOTION by Young, SECOND by Karius to go into Executive Session at 8:30 p.m. to discuss employee history. VOTE: Passed 7-0.
MOTION by Young, SECOND by Karius to come out of Executive Session at 8:53 p.m. VOTE: Passed 7-0.
The meeting adjourned at 8:55 p.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
AUGUST 14, 1995
The August 14, 1995 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 Burnside and followed by a Moment of Silence. ROLL CALL: All Legislators were present, Legislator Young arrived at 7:11 p.m. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced two emergency resolutions by title.
PUBLIC PARTICIPATION - 6:35 P.M.: Tom Ryan on Introduction Number 8, Management/Confidential Level Salary Plan; he asked what this resolution was for and why there is confidential in the title? Legislator Halpin explained that this used to be a management salary plan because it covered just management level employees, but we had some employees such as our personal secretaries that we now worked into this plan who are called confidential employees and that is why the plan is management/confidential plan. Tom Ryan on Introduction Number 12, Promotion of Senior Staff Social Worker - Mental Health; he asked if this salary included fringe benefits? Chairman Franzese stated that it did not. A gentleman in the audience asked that when a payment is made in lieu of taxes, where does the money go? Legislator Karius stated that the money goes into the general fund. Nancy Peters, Treasurer, said that 25% of the money goes to the towns and the remainder goes into the general fund. The gentleman asked if the State pays for property that they own in the County? Nancy Peters said that we do receive some payment from them. Casey Creamer asked about the moratorium emergency resolution; why is this considered an emergency? Legislator Karius stated that Seneca County wrote a similar resolution in March and asked us to support them on this issue by doing one also. Chairman Franzese said that the Town of Hector enacted a similar resolution and as a good neighbor we should do the same. She explained that we are not putting a moratorium on the National Forest, this is only a lobbying resolution which asks our federal representatives to request a more equitable payment in lieu of taxes on the forest land for local governments. She said that we are supporting the Town of Hector and we have to back our towns. Casey Creamer asked what is the emergency? Chairman Franzese said that our local town has taken action and has asked the county to support this. She said that Legislator Karius contacted all eight legislators about this resolution. Legislator Karius gave some figures on how much the National Forest is spending on purchasing land. Legislator Hastings said that as Chairman of the Assessment and Taxation Committee they had decided to wait until September to possibly put a resolution forward, after the person they had invited to give a presentation on this issue has had the opportunity to do so. Casey Creamer said that there is money going into people's pockets, from the national forest purchasing land, which adds to the local economy. Tom Ryan on Introduction Number 29, Construction of Fitzpatrick Road Bridge, he asked who was going to supervise the construction of this bridge? Legislator Burnside said that Hunt Engineers will be doing the supervising. Tom Ryan asked if Watkins Glen International pays sales tax to the County for ticket sales and other items they sell? Nancy Peters said that they do pay sales tax and property tax to the County. Public Participation ended at 6:56 p.m.
PUBLIC HEARING - E911 - 7:00 P.M.: Casey Creamer said that he called the phone company and found out that if someone has a 900 block on their telephone, that they still can call 911. He said that he also found out that the surcharge is per phone line, unless there is more than 75 lines. He said that he feels that the surcharge should be per phone billing number, not per phone line. Bill Randolph, Emergency Management Coordinator, said that E911 was established by the State and that it is run by their parameters. Mr. Compese asked how many people have asked for it; how many people have it; and how many people benefit from it? Bill Randolph said that 42 counties out of 62 actually have it. Mr. Compese asked how it would benefit us? Bill Randolph said that some of the County has basic 911. Mr. Compese asked if this system is voluntary as far as participation and what information is actually on the system? Bill Randolph said that this is not voluntary and that everyone must be on it. He said that the information on it is what is available. Mr. Compese asked how long will the surcharge be $.35? Bill Randolph said that this amount is set by the State. He said that if the State raises this amount, the increase has to be agreed upon by our Legislature. He said that of the $.35 collected, the County receives $.32 and the phone company receives $.03. He said that there is an estimated 7500 phone lines in the County, which equivalates to $2,400 per month. He said that this money can only be spent on certain things, such as paying for the equipment. He said that a lease purchase is $1,338 and this is what he recommends the County go with. He said that with technology the way that it is moving, by the time someone buys and installs the equipment, it would be outdated. Legislator Burnside said that extra personnel would not be needed. Sheriff Maloney said that they are still short a dispatcher from Noon to 8:00 p.m. He said that 911 is a national emergency number and that the County has an obligation to the tourists and disabled people. He stated that cellular 911 is answered by the State Police. Mr. Compese said that this should be advertised in written form. Bill Randolph explained that with E911, the minute the second 1 is dialed, the system locks onto that location. Casey Creamer asked how the additional data over and above the original data is being collected? Bill Randolph said that this additional information will be strictly voluntary and will be collected later. Tom Ryan asked why wait three years to enact E911? Bill Randolph said that we don't plan on waiting three years and that the system may be operational by the beginning of next year. Tom Ryan asked if some of the money could be used to put the Noon to 8:00 p.m. dispatcher back on? Chairman Franzese said that there are no current plans as to how the money will be spent. Tom Ryan asked how many incoming lines will there be? Sheriff Maloney said that there are four emergency lines. Bill Randolph said that more phone lines can always be added. Legislator Halpin asked how many 911 calls we presently receive? Sheriff Maloney said that it is difficult to say how many may come in. Legislator Halpin said that it is unfair to the businesses who have more than one phone and asked if it is possible to change the local law. Jim Coleman, County Attorney, said that the State would have to change the law. Legislator Halpin asked if it is possible to put this out to public referendum? Attorney Coleman said that it cannot go out to public referendum. Legislator Smith felt that if this was held up it would be a crime. Tom Ryan said the $4.00 a year surcharge is cheap for a life and the longer you wait could be disastrous. Legislator Burnside felt that with this being such a rural County, it is very important to get this system. Public Hearing ended at 7:56 p.m.
PRESENTATION - CORRY BUCKWALTER - SENECA HARBOR PARK - 7:57 P.M.: Corry started by explaining some of the changes to the park. She showed an overall schematic drawing of the park. Legislator Fitzsimmons asked how the fund raising was progressing. Corry said that they have reached the $45,000 mark so far and that they are still waiting for the grant to come in. Tom Ryan asked when the rest rooms would be finished? Corry said that the projects are presently being prioritized. Tom Ryan asked who would maintain the park? Corry said that the County is responsible for it. Legislator Halpin asked if our Buildings and Grounds Department has been contacted about building the rest rooms? Corry said not as yet, but that she will look into this. Legislator Fitzsimmons asked if the Village has formally acknowledged this? Corry said that they fully approve of this and that they are being kept up to date. Presentation ended at 8:13 p.m.
PRESENTATION - SHERIFF MALONEY - K-9 PROGRAM - 8:14 P.M.: Sheriff Maloney said that Watkins Glen International would not bring NASCAR here if we could not ensure the safety of the people. He said that they have 12 K-9 dogs working the track. Mike Wood, Investigator, said that violence in this area is escalating and crimes are atrocious in this day and age. He said that 80% of the crimes are narcotics based. He noted that the issue is safety equipment for dogs who are police officers and added that taxpayer dollars are not involved. The last dog was purchased with federal grant monies and that no dogs have ever been purchased with taxpayer monies. State Police Officer Stewart said that being able to get a dog to use is a great relief for a police officer and that the more dogs you can have the better it is for the police. Mike Wood said that they work in a reciprocating mode with other counties and that it is an excellent working relationship. He said that the drug problem has to be combated and that a hard press must be kept on this problem. Sheriff Maloney said that over $100,000 has been seized in the last few years and that the dogs have earned the right to safe travel. Tom Ryan said that he felt it is a safeguard for the dogs to be in a cage. Presentation ended at 8:37 p.m.
RESOLUTION NO. 261 Motion by Burnside, Second by Young.
RE: APPROVE MINUTES OF THE JULY 10, 1995 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the July 10, 1995 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 262 Motion by Smith, Second by Hastings.
RE: AUTHORIZE THE SCHUYLER COUNTY CHAMBER OF COMMERCE TO ACT ON BEHALF OF THE SCHUYLER COUNTY LEGISLATURE BY ENTERING INTO 1996 COUNTY MEMBERSHIP AGREEMENT WITH THE FINGER LAKES ASSOCIATION
WHEREAS, the Schuyler County Legislature by Resolution No. 235 dated July 10, 1995, appointed the Schuyler County Chamber of Commerce as its official tourism representative for the County, and
WHEREAS, the Finger Lakes Association, Inc., proposes to enter into an Agreement with the Schuyler County Tourist Promotion designee for a level of membership within that Association, known as County Membership, and
WHEREAS, details and conditions of said Agreement are contained in a document, which document will be duly executed by the parties thereto.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County Chamber of Commerce, as its tourism representative, and on behalf of the Schuyler County Legislature, to negotiate an agreement with the Finger Lakes Association, Inc. to provide specific tourism services on behalf of the County, subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Chamber of Commerce will be responsible and accountable to the County for the tourism activities identified in said agreement, and
BE IT FURTHER RESOLVED, that this resolution be attached to and remain a part of said executed agreement between the County of Schuyler Tourism Promotion Designee and the Finger Lakes Association, Inc.
VOTE: Passed 8-0.
RESOLUTION NO. 263 Motion by Smith, Second by Hastings.
RE: AUTHORIZE CONTRACT WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD FOR COMPUTER CONSULTANT SERVICES
BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with Southern Tier Central Regional Planning & Development Board for computer-related technical services for the term September 1, 1995-August 31, 1996 at a cost of $9,000, there being monies budgeted for same in Central Data Processing account no. 1680.400; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 264 Motion by Smith, Second by Hastings.
RE: AUTHORIZE CHAIRMAN TO SIGN "NOTICE TO VACATE" AND THE SHERIFF'S DEPARTMENT TO HAND DELIVER NOTICES
BE IT RESOLVED, that the Chairman of this Legislature or his/her designee be, and hereby is, authorized to sign and the Sheriff's Department to hand deliver "Notice to Vacate" to all occupants of property on which the County of Schuyler holds, or will hold, a tax deed to, and
BE IT FURTHER RESOLVED, that said "Notice to Vacate" be sent by registered mail to the most recent owners of record as shown in the property description.
VOTE: Passed 8-0.
RESOLUTION NO. 265 Motion by Smith, Second by Burnside.
RE: APPROVE APPLICATION FOR REFUND OF TAXES - BENNETT - TOWN OF HECTOR - 1995
WHEREAS, the Real Property Tax Director has received an application for tax map number 2.-1-73 in the Town of Hector due to an error in essential fact pursuant to Real Property Tax Law 550(3)c, and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment & Taxation Committee that the application be approved based upon the determination of findings.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute approval of said application, and
BE IT FURTHER RESOLVED, that the County Treasurer refund the sum of $26.49 to the applicant.
VOTE: Passed 8-0.
RESOLUTION NO. 266 Motion by Smith, Second by Burnside.
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.
PLANNING COMMITTEE
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
VOTE: Passed 8-0.
RESOLUTION NO. 267 Motion by Smith, Second by Burnside.
RE: AUTHORIZE TRANSFER OF FUNDS - FEDERAL PROGRAM IIIF MONIES - OFFICE FOR THE AGING
WHEREAS, some of the monies carried over from 1 1/2 years ago in the Federal IIIF Program must be expended by August 31, 1995, and
WHEREAS, these monies are for a health education program for seniors, and
WHEREAS, one suggestion from SOFA is to purchase a traveling VCR for ease in showing the educational videos.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer, upon completion of a NYS budget modification by the Office for the Aging, be authorized to transfer $500 from account no. 6772.401 to account no. 6772.240 for the aforementioned purchase.
VOTE: Passed 8-0.
RESOLUTION NO. 268 Motion by Halpin, Second by Fitzsimmons.
RE: AUTHORIZATION - ADVERTISEMENT AND ACCEPTANCE/REJECTION OF DAIRY PRODUCTS AND FROZEN FOOD BIDS - OFFICE FOR THE AGING AND SHERIFF'S DEPARTMENT
BE IT RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to advertise for bids for Dairy Products and Frozen Food products as necessary for the term September 1, 1995 through August 31, 1996, in accordance with the specifications filed with the Purchasing Department, and
BE IT FURTHER RESOLVED, that all bids must be sealed and received by the Clerk of the Legislature no later than the date and time so specified in each separate bid advertisement. Bids to be opened and reviewed by the Human Services Committee with the date and time of said Committee meeting to be included in the bid advertisement, and
BE IT FURTHER RESOLVED, that the Human Services Committee be given the authority to make the determination of the acceptance/rejection of bids. The County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 8-0.
RESOLUTION NO. 269 Motion by Halpin, Second by Fitzsimmons.
RE: ADOPT MANAGEMENT/CONFIDENTIAL SALARY PLAN AS AMENDED
WHEREAS, the Administrative Committee has continued to work on the Management Level Salary Plan, and
WHEREAS, it is that committee's recommendation that the plan be renamed Management/Confidential Salary Plan and be approved as amended.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby adopt the Management/Confidential Salary Plan dated August 15, 1995 which is amended from the plan dated July 1, 1994.
VOTE: Passed 6-2. (Names of Noes: Smith, Hastings)
RESOLUTION NO. 270 Motion by Halpin, Second by Fitzsimmons.
RE: APPOINTMENT - SCHUYLER COUNTY PURCHASING AGENT
WHEREAS, the Schuyler County Legislature created the Purchasing Agent position in compliance with County Law Section 625 on June 12, 1995 per Resolution No. 229, and
WHEREAS, County Law Section 625 states this position is to be filled for a term to coincide with the term of the Legislature, and
WHEREAS, a request has been made to classify this position as exempt and the jurisdictional classification by the State Civil Service Commission is pending.
NOW, THEREFORE, BE IT RESOLVED, that Larry J. Sassano shall be appointed temporarily effective July 25, 1995 through December 31, 1995 to the position of Purchasing Agent, said position having been placed in Grade Level C in the Management/Confidential Salary Plan with an annual salary of $19,000.00, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $8,331.00 from account no. 1325.100 to account no. 1660.100.
VOTE: Passed 7-1. (Name of No: Hastings)
RESOLUTION NO. 271 Motion by Karius, Second by Young.
RE: COMMUNITY SERVICES BOARD AGREEMENT FOR BUILDING PROJECT - MENTAL HEALTH
WHEREAS, the Schuyler County Legislature authorized the Community Services Board to contract with Prechtl, Mattison, Palmer and Brockway for legal services, and
WHEREAS, the aforementioned contract has expired.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Community Services Board and the Chairman of the Legislature to contract for legal services in an amount not to exceed $15,000, to be rendered in connection with satisfying the terms of the approved capital grant and negotiating and drafting of all documents, titles and contracts pertaining to the purchase of property, construction and development thereon related to the Schuyler County Mental Health Clinic, the Schuyler/Yates Alcohol Clinic and the Rainbow Chasers Club; contract subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 272 Motion by Karius, Second by Young.
RE: LEGAL SERVICES FOR BOND COUNSEL - BUILDING PROJECT - MENTAL HEALTH
WHEREAS, the Schuyler County Legislature authorized the Community Services Board to contract for legal counsel via Resolution No. 274-94, and
WHEREAS, an additional need for bond counsel in connection with the issuance of bonds by the NYS Local Government Services Corporation is necessary, and
WHEREAS, funding for this service is available from the $250,000 capital grant approved by the Office of Mental Health.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the Community Services Board and the Chairman of the Legislature to contract for legal services with Moser and Moser, and issue a retainer in the amount of $5,000 for bond counsel in connection with the issuance of bonds by the NYS Local Government Services Corporation for the purpose of financing the building project to house Mental Health, Schuyler/Yates Alcohol Clinic, and the Rainbow Chaser's Club; contract subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 273 Motion by Karius, Second by Young.
RE: PROMOTIONAL APPOINTMENT - SENIOR STAFF SOCIAL WORKER - MENTAL HEALTH
WHEREAS, a vacancy exists in a Senior 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 increase in cost to the County, and
WHEREAS, Resolution No. 366-85 requires legislative action to fill a position which has been vacant more than 90 days.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services to appoint promotionally such position, Grade XXIX, salary of $29,040 for 1995, effective immediately. It is understood that these positions will continue as long as adequate funding appropriation continues.
VOTE: Passed 8-0.
RESOLUTION NO. 274 Motion by Smith, Second by Fitzsimmons.
RE: AUTHORIZE SALE OF COUNTY PROPERTY
WHEREAS, the County of Schuyler is the current owner of certain lands on Belle Cornell Drive, which they have determined surplus, pursuant to County Law Section 215, Subsection 5 per Resolution No. 79-3/13/95, and
WHEREAS, the property has been advertised for bid twice and has not been successfully sold.
NOW, THEREFORE, BE IT RESOLVED, that said property be placed in an open listing with any and all realtors interested in selling said property, and
BE IT FURTHER RESOLVED, that the County will pay 6% commission selling price to realtor with satisfactory buyer, and
BE IT FURTHER RESOLVED, that upon the Legislature receiving an acceptable bid, the premises shall be advertised in such manner as to satisfy legal requirements, and
BE IT FURTHER RESOLVED, that if no higher bid is received, the sale shall go to the bidder of record and a commission in the amount of 6% shall be paid to the realtor having the satisfactory buyer, and
BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign any and all documents required to sell Belle Cornell property, subject to approval of the Schuyler County Attorney, reserving the right to reject any and all bids.
DISCUSSION: Legislator Hastings stated that she was totally against this way of selling property and that it will be interesting to see how many realtors respond to this.
VOTE: Passed 7-1. (Name of No: Hastings)
RESOLUTION NO. 275 Motion by Smith, Second by Fitzsimmons.
RE: AUTHORIZE CHANGE ORDER - CONTRACT WITH D'AMICO PLUMBING & HEATING CO., INC.
WHEREAS, an agreement has been reached by all parties on 6/13/95 relative to final changes to the contract, and
WHEREAS, the Buildings and Grounds Committee has reviewed the referenced change order and recommends authorization thereof as follows:
Original Contract Sum was $ 171,084.00
Net change by previously authorized Change Orders $ 68,523.00
The Contract Sum prior to this Change Order $ 239,607.00
The Contract Sum will be decreased by $ 300.00
The new Contract Sum will be $ 239,307.00.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Buildings and Grounds Committee, this Legislature accepts said Change Order to be funded from the courthouse renovation capital account number 004-1620.201; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 276 Motion by Smith, Second by Fitzsimmons.
RE: TRANSFER OF MONIES FOR DATA ENTRY OPERATOR IN SHERIFF'S DEPARTMENT
WHEREAS, confidential criminal, drug and other investigative complaints must be entered into the Schuyler County Sheriff's Department computer system, and
WHEREAS, it is possible to use seized asset money for such purposes according to the federal guidelines.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $3,000 from the Seized Asset account to account no. 3121.435 for the purposes of paying a Data Entry Operator for such purposes.
VOTE: Passed 8-0.
RESOLUTION NO. 277 Motion by Young, Second by Smith.
RE: DECLARE TWO HOME HEALTH AGENCY AUTOMOBILES SURPLUS
WHEREAS, the Home Health Agency owns a 1983 Dodge Omni and a 1985 Dodge Omni which need more mechanical work than is reasonable given their condition.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature has determined that these two vehicles, with VIN 1B3BZ18C0DD216787 and 1B3BZ18C2FD342572, respectively, are no longer needed for public use, pursuant to Section 215 of County Law and declared surplus, and
BE IT FURTHER RESOLVED, the Schuyler County will remove the county seals from these vehicles and dispose of them.
VOTE: Passed 8-0.
RESOLUTION NO. 278 Motion by Young, Second by Smith.
RE: CONTRACT - MARGARET M. EHLY 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 Margaret M. Ehly, to provide early intervention services, effective August 1, 1995, 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. 279 Motion by Young, Second by Smith.
RE: CONTRACT - MARGARET M. EHLY FOR PRESCHOOL SPEECH THERAPY
WHEREAS, Schuyler County must provide speech therapy to eligible preschool children according to Section 4410 of the Education Law, and
WHEREAS, Margaret M. Ehly is a licensed speech - language pathologist and certified teacher of the speech and hearing handicapped and will provide these services at the rate of $35 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Margaret M. Ehly to provide preschool speech therapy services from August 1, 1995 through June 30, 1996 at the rate of $35 per half hour session; contract subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 280 Motion by Halpin, Second by Burnside.
RE: CONTRACT - SCHUYLER HOSPITAL, INC., FOR PRESCHOOL PHYSICAL THERAPY AND OCCUPATIONAL THERAPY
WHEREAS, Schuyler County must provide preschool related services to eligible preschool children according to Section 4410 of the Education Law, and
WHEREAS, Schuyler Hospital, Inc., will provide physical therapy and occupational therapy to eligible preschool children according to Section 4410 of the Education Law at the rate of $40 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Schuyler Hospital, Inc., for physical therapy and occupational therapy at the rate of $40 per half hour session from July 1, 1995 through June 30, 1996; contract subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 281 Motion by Halpin, Second by Burnside.
RE: CONTRACT - AMY STORRER FOR PRESCHOOL SPECIAL EDUCATION
WHEREAS, Schuyler County must provide Special education related services to eligible preschool children according to Section 4410 of the Education Law, and
WHEREAS, Amy Storrer is a certified special education teacher and will provide these services at the rate of $35 per half hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Amy Storrer to provide preschool special education services from August 1, 1995 through June 30, 1996 at the rate of $35 per half hour session; contract subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 282 Motion by Halpin, Second by Burnside.
RE: TRANSFER HOME HEALTH AGENCY FUNDS FROM COMPUTER EQUIPMENT TO STAFF DEVELOPMENT
WHEREAS, the Home Health Agency has approval to purchase computer software with funds in its budget, and
WHEREAS, a portion of the software price quote includes training on the new software, and
WHEREAS, the Computer Coordination Committee has approved this purchase.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $1,918 from Public Health account no. 4010.208 to account no. 4010.466.
VOTE: Passed 8-0.
RESOLUTION NO. 283 Motion by Smith, Second by Fitzsimmons.
RE: DECLARE ONE (1) 1964 MODEL 22B BUCYRUS-ERIE POWER SHOVEL (CRANE) SURPLUS - HIGHWAY
WHEREAS, (1) 1964 Model 22B Bucyrus-Erie Power Shovel (Crane) is no longer needed for public use by the Schuyler County Highway Department, pursuant to Section 215 of County Law.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declare the 1964 Bucyrus-Erie Power Shovel (Crane) in the county Highway Department surplus, and
BE IT FURTHER RESOLVED, the 1964 Bucyrus-Erie Power Shovel (Crane) be sold to the Village of Montour Falls for $2,500.00.
VOTE: Passed 8-0.
RESOLUTION NO. 284 Motion by Smith, Second by Fitzsimmons.
RE: ACCEPT RESIGNATION OF MARTHA ASHLEY, COMMISSIONER OF CIVIL SERVICE
WHEREAS, Martha Ashley has resigned her position as Commissioner of the Civil Service Commission, which she held for 19 years, effective August 1, 1995.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts, with regrets, the resignation of Martha Ashley as Commissioner of the Schuyler County Civil Service Commission effective August 1, 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 285 Motion by Smith, Second by Fitzsimmons.
RE: LOCAL LAW NO. 2 OF THE YEAR 1995 TO IMPOSE A SURCHARGE TO PAY FOR THE COSTS ASSOCIATED WITH OBTAINING AND MAINTAINING AN ENHANCED 911 EMERGENCY TELEPHONE SYSTEM AS AUTHORIZED BY ARTICLE 6 OF THE NEW YORK COUNTY LAW
WHEREAS, a proposed Local Law regarding imposing a surcharge to pay for the costs associated with obtaining and maintaining an enhanced 911 emergency telephone system was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held on August 14, 1995, 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 No. 2 of the year 1995 in the form hereto annexed, be and hereby is, passed, adopted and enacted, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adopt of Local Law No. 2 of the year 1995, together with the required text thereof in the official county newspaper.
LOCAL LAW NO. 2 OF THE YEAR 1995
BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF SCHUYLER as follows:
Section 1. Short Title.
This law shall be known as the "E9-1-1 Surcharge Law."
Section 2. Purpose. To implement a telephone surcharge, as authorized by Article 6 of the New York State County Law for the purpose of funding the costs of an Enhanced 9-1-1 system.
Section 3. Definitions.
When used in this law, the following words and phrases shall have the following meanings, unless the specific context clearly indicates otherwise:
A. "E9-1-1 System" - An enhanced emergency telephone service which automatically connects a person dialing the digits 9-1-1 to the established public servicing answering point which includes, but shall not be limited to, selective routing, automatic number identification and automatic location identification.
B. "E9-1-1 Service Area" - The area within the geographic boundaries of Schuyler County.
C. "Public Safety Agency" - A functional division of a public agency which provides or has the authority to provide police, fire fighting, emergency medical or ambulance services or other emergency services or a private entity which provides emergency medical or ambulance services.
D. "Public Service Answering Point" - The communications facility which receives the E9-1-1 calls from persons within the E9-1-1 service area and directly dispatches the services of a public safety agency or extends, transfers, relays or otherwise routes E9-1-1 calls to the appropriate public safety agency.
E. "Service Supplier" - Telephone corporation which provides local exchange access service within the E9-1-1 service area.
F. "System Costs" - The costs associated with obtaining and maintaining telecommunication equipment and the telephone services costs necessary to establish and provide an E9-1-1 system.
Section 4. Purpose and establishment of surcharge for system costs.
A. The E9-1-1 Surcharge Law shall provide the mechanism by which to impose a surcharge, in the amount of $.35 per month for each access line of all customers of every service supplier within the County, to pay for the costs associated with obtaining and maintaining the telecommunication equipment and telephone services needed to provide an E9-1-1 emergency telephone system.
B. Each service supplier within the E9-1-1 service area shall begin to add the surcharge to the billings of its customers 45 days following notice by the County to impose such surcharge.
C. Any service supplier within the County required to impose a surcharge pursuant to the provisions of this article shall be given a minimum of 45 days written notice prior to the date it shall begin to add such surcharge to the billings of its customers or prior to any modification to, or a change in, the surcharge amount.
Section 5. Application; Limitations; Exemptions.
A. The surcharge imposed pursuant to this law shall be imposed on a per access line basis on all current bills rendered for local exchange access service within E9-1-1 service area.
B. The surcharge shall have uniform application and shall be imposed throughout the entire E9-1-1 service area to the greatest extent possible in conformance with the availability of the E9-1-1 system within the County.
C. No surcharge shall be imposed on more than 75 exchange access lines per customer per location.
D. Life line customers and the County shall be exempt from the surcharge imposed pursuant to this law.
Section 6. Collection of Surcharge.
A. Each appropriate service supplier serving the E9-1-1 service area shall act as collection agent for the County and shall remit the surcharge funds collected to Schuyler County each month. Such funds shall be remitted no later than 30 days after the last business day of each such period. The service supplier shall retain, as an administrative fee, an amount equal to two (2) percent of its collections of the surcharge.
B. The surcharge required to be collected by the service supplier shall be added to and stated separately in its billings to the customer.
C. The service supplier shall annually provide to the County an accounting of the surcharge amounts billed and collected.
Section 7. Liability for Surcharge.
A. Each service supplier customer who is subject to the provisions of this law shall be liable to the County for the surcharge until it has been paid to the County, except that payment to a service supplier is sufficient to relieve the customer from further liability for the surcharge.
B. The service supplier shall have no obligation to take any legal action to enforce the collection of any surcharge. However, whenever the service supplier remits the funds collected as the surcharge to the County, it shall also provide the County with the name and address of any customer refusing or failing to pay the surcharge imposed by this law and shall state the amount of such surcharge remaining unpaid.
C. The County is authorized to apply any and all legal remedies to enforce collection of the surcharge from delinquent users without further authorization of the County Legislature.
Section 8. System Revenues.
A. All surcharge monies remitted to the County by a service supplier and all other monies dedicated to the payment of system costs from whatever source derived or received by the County shall be expended only upon authorization of the County Legislature and only for payment of system costs as permitted by this law. The County shall separately account and keep adequate books and records of the amount and source of all such revenues and of the amount and object or purpose of all expenditures thereof. If at the end of any fiscal year the total amount of all such revenues exceeds the amount necessary and expended for payment of system costs in such fiscal year, such unencumbered cash surplus shall be carried over for the payment of system costs in the following fiscal year. However, if at the end of any fiscal year such unencumbered cash surplus exceeds an amount equal to five percent of that necessary for the payment of system costs in such fiscal year, the County Legislature shall by local law reduce the surcharge for the following fiscal year to a level which more adequately reflects the system cost requirements of its E9-1-1 system. The County Legislature may also, by local law, reestablish or increase such surcharge, subject to the limitations established by Article 6 of the County Law, if the revenues generated by such surcharge and by any other source are not adequate to pay for system costs.
Section 9. Miscellaneous Provisions.
A. The County public service answering point within the E9-1-1 service area shall be operated on a 24 hour basis.
B. The enactment of this law shall in no way preclude or restrict the County from applying for and accepting federal monies or accepting contributions and donations from any source whatsoever for the purpose of funding an E9-1-1 emergency telephone system.
C. Records, in whatever form they may be kept, of calls made to a County's E9-1-1 system shall not be made available to or obtained by any entity or person, other than the County's Sheriff or Fire Coordinator or their designee, or a private entity or person providing medical, ambulance or other emergency services, and shall not be utilized for any commercial purpose other than the provision of emergency services.
Section 10. Separability.
If any provision of this local law, or the application thereof to any person or circumstances is held invalid, the remainder of this local law, and the application of such provisions to other persons or circumstances shall not be effected thereby.
Section 11. Effective Date.
This local law shall take effect upon filing with the Secretary of State.
VOTE: Passed 8-0.
RESOLUTION NO. 286 Motion by Halpin, Second by Fitzsimmons.
RE: AMENDMENT AND MODIFICATION OF PARAGRAPHS 1 AND 3, RULE 12 OF COUNTY LEGISLATURE'S RULES OF PROCEDURE
WHEREAS, notice of modification of paragraphs 1 & 3 of Rule 12 of the Rules of Procedures as adopted January 13, 1992 was given in accordance with Rule 29.
NOW, THEREFORE, BE IT RESOLVED, that paragraphs 1 & 2 of Rule 12 be amended and modified effective immediately, as follows:
PARAGRAPH 1
"All Standing Committee resolutions and local laws, with the exception of Finance and Legislative Committees shall be reduced to writing, signed by the author, Committee Chairman or next ranking member of the Committee offering the same and filed with the Clerk of the Legislature not later than 5:00 p.m. on the Wednesday prior to the first Monday. Every resolution and local law shall contain a short title generally setting forth the purpose and nature of the proposed action.
PARAGRAPH 3
"Any and all resolutions and local laws not filed with the Clerk as of 5:00 p.m. on the Wednesday prior to the first Monday shall not be presented, considered, discussed or voted upon at the following legislative session except resolutions that are presented to the Finance and Legislative Committees, and Emergency Resolutions. Emergency Resolution is one which concerns any matter where delay in the consideration thereof would adversely affect the interests of the County, the Legislature, or any department, official or agency of the County or the public."
VOTE: Passed 8-0.
RESOLUTION NO. 287 Motion by Halpin, Second by Fitzsimmons.
RE: AMENDMENT AND MODIFICATION OF RULE 25 OF COUNTY LEGISLATURE'S RULES OF PROCEDURE
WHEREAS, notice of modification of Rule 25 of the Rules of Procedures as adopted January 13, 1992 was given in accordance with Rule 29.
NOW, THEREFORE, BE IT RESOLVED, that Rule 25 be amended and modified effective January 1, 1996, as follows:
RULE 25 STANDING COMMITTEES OF THE LEGISLATURE
PUBLIC SAFETY AND CRIMINAL JUSTICE
GOVERNMENTAL OPERATIONS
MANAGEMENT & FINANCE
PUBLIC WORKS
COMMUNITY DEVELOPMENT AND NATURAL RESOURCES
HEALTH SERVICES
HUMAN SERVICES
LEGISLATIVE
VOTE: Passed 8-0.
RESOLUTION NO. 288 Motion by Halpin, Second by Fitzsimmons.
RE: PROCEDURE FOR TERMINATION OF A PROBATIONARY EMPLOYEE DUE TO UNSATISFACTORY PERFORMANCE
WHEREAS, it is necessary on occasion to remove a probationary employee due to unsatisfactory performance, and
WHEREAS, under this circumstance, there is no valid reason to continue the association beyond the notice of removal, and
WHEREAS, New York State Civil Service Rules and Regulations, Sec. 4.5, Sub. 5(iii) requires written notice at least one week prior to termination.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the immediate removal of the probationary employee by the appointing authority upon written notification to the employee of his/her unsatisfactory performance, and
BE IT FURTHER RESOLVED, that the employee shall received one week's salary in lieu of being required to report for work, and
BE IT FURTHER RESOLVED, that this policy shall be made part of the Schuyler County Policies and Procedures.
VOTE: Passed 8-0.
RESOLUTION NO. 289 Motion by Fitzsimmons, Second by Halpin.
RE: RESOLUTION AUTHORIZING THE RECONSTRUCTION OF FITZPATRICK HILL BRIDGE IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $188,000, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $188,000 SERIAL BONDS OF SAID COUNTY TO PAY THE COST THEREOF
BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows:
Section 1. The reconstruction of Fitzpatrick Hill Bridge (of stone, concrete or steel, or of a combination of two or more of such materials), including incidental improvements, in and for the County of Schuyler, New York, is hereby authorized at a maximum estimated cost of $188,000.
Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid purpose constitutes "replacement in kind" and that, as such, the same constitutes a Type II Action under the SEQR regulations of the State of New York which will not have a significant impact upon the environment.
Section 3. The plan for the financing of such maximum estimated cost shall consist of the issuance of not exceeding $188,000 serial bonds of said County, hereby authorized to be issued therefor pursuant to the Local Finance Law.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific project or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law.
Section 5. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.
Section 7. All other matters except as provided herein related to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 8. The validity of such bonds and bond anticipation notes may be contested only if:
1. Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or
2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or
3. Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full in the Watkins Review and Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.
VOTE: Passed 8-0.
RESOLUTION NO. 290 Motion by Fitzsimmons, Second by Halpin.
RE: RESOLUTION AUTHORIZING THE RECONSTRUCTION OF A CULVERT IN AND ALONG A PORTION OF COUNTY ROAD 16 IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $100,000, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $100,000 SERIAL BONDS OF SAID COUNTY TO PAY THE COST THEREOF
BE IT RESOLVED, by the County Legislature of the County of Schuyler, New York, as follows:
Section 1. The reconstruction of a culvert in and along a portion of County Road 16 in and for the County of Schuyler, New York, is hereby authorized at a maximum estimated cost of $100,000.
Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid purpose constitutes "replacement in kind" and that, as such, the same constitutes a Type II Action under the SEQR regulations of the State of New York which will not have a significant impact upon the environment.
Section 3. The plan for the financing of such maximum estimated cost shall consist of the issuance of not exceeding $100,000 serial bonds of said County, hereby authorized to be issued therefor pursuant to the Local Finance Law.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific project or purpose is thirty years, pursuant to subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law.
Section 5. The faith and credit of said County of Schuyler, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said County, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the County Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said County Treasurer, consistent with the provisions of the Local Finance Law.
Section 7. All other matters except as provided herein related to the serial bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue serial bonds with substantially level or declining debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 8. The validity of such bonds and bond anticipation notes may be contested only if:
1. Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or
2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or
3. Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full in the Watkins Review and Express, the official newspaper of such County, together with a notice of the Clerk of the County Legislature in substantially the form provided in Section 81.00 of the Local Finance Law.
DISCUSSION: Legislator Hastings asked why we were bonding $17,000 more than the actual cost for the culvert. Chairman Franzese responded that it was to cover the cost for whatever cannot be determined until the job gets started.
VOTE: Passed 8-0.
RESOLUTION NO. 291 Motion by Fitzsimmons, Second by Halpin.
RE: ACCEPT/REJECT BIDS FOR CONSTRUCTION OF FITZPATRICK HILL ROAD BRIDGE, BIN #3332550
WHEREAS, Schuyler County advertised for sealed bids for construction of Fitzpatrick Hill Road Bridge replacement over Catharine Creek, BIN #3332550, Town of Montour, and
WHEREAS, such bids were opened and read aloud at 7:45 a.m. on August 7, 1995, and
WHEREAS, Hunt Engineers and Architects have recommended the acceptance of the bid by G. DeVincentis & Son as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of Hunt Engineers and Architects, this Legislature hereby accepts the bid by G. DeVincentis & Son, Binghamton, New York, in the amount of $187,958.30, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
A.L. Blades & Sons, Hornell, NY 14843 $238,822.11
Penn Yan Builders, Inc., Penn Yan, NY 14527 $195,441.81
Slate Hill Constructors, Warners, NY $258,876.80
The L.C. Whitford Co., Inc., Wellsville, NY 14895 $196,388.00, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign all necessary documents with G. Devincentis & Son; subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 292 Motion by Fitzsimmons, Second by Halpin.
RE: ACCEPT/REJECT BIDS FOR REPAIR OF C.R. #16 CULVERT
WHEREAS, Schuyler County advertised for sealed bids for repair of C.R. #16 culvert, Town of Dix, and
WHEREAS, such bids were opened and read aloud at 7:45 a.m. on August 7, 1995, and
WHEREAS, Hunt Engineers and Architects have recommended the acceptance of the bid by A.L. Blades & Sons as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of Hunt Engineers and Architects, this Legislature hereby accepts the bid by A.L. Blades & Sons, Hornell, NY 14843, in the amount of $83,583.06, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
G. DeVincentis & Son, Binghamton, NY 13903 $350,000.00
Penn Yan Builders, Inc., Penn Yan, NY 14527 $ 99,112.30
Slate Hill Constructors, Warners, NY $ 94,298.30
The L.C. Whitford Co., Inc., Wellsville, NY 14895 $ 87,887.00, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign all necessary documents with A.L. Blades & Sons; subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 293 Motion by Young, Second by Smith.
RE: AUTHORIZE INCREASE OF $20,000 IN FOREST PATROL ACCOUNT NO. 3112 AND REVENUE ACCOUNT NO. 4080 - SHERIFF
WHEREAS, the Finger Lakes National Forest is expected to have an increase in campers during the summer of 1995 due to the Rainbow Family Gathering, and
WHEREAS, Schuyler County has had a law enforcement control contract with the Federal Government for law enforcement in the Finger Lakes Forest, and
WHEREAS, it is anticipated that there would be a need for additional law enforcement during the summer of 1995, and
WHEREAS, a contract has been signed by the County of Schuyler with the Federal Forest Service for full reimbursement for law enforcement expenses.
NOW, THEREFORE, BE IT RESOLVED, that the Sheriff's appropriations account for Forest Patrol No. 3112.100 be increased by $20,000 and revenue account no. 3112-4080 be increased by $20,000 for the year 1995.
VOTE: Passed 8-0.
RESOLUTION NO. 294 Motion by Young, Second by Smith.
RE: AUTHORIZE AGREEMENT WITH THE COMMUNITY CORNER AT THE WATKINS GLEN PUBLIC LIBRARY; TRANSFER "89-313" EARLY INTERVENTION GRANT FUNDS
WHEREAS, the New York State Department of Health awarded Schuyler County $3,319 in "89-313" grant funds from 10/1/94 through 9/30/95, and
WHEREAS, the New York State Department of Health rejected the budget the County submitted for administrative salaries and fringe benefits, and
WHEREAS, the New York State Department of Health indicated it would approve using these funds for an agreement with the Community Corner to purchase materials for a resource area in the Watkins Glen Public Library.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with the Community Corner for the purchase of materials for a resource area in the Watkins Glen Public Library to benefit Early Intervention eligible children and their families; subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer funds as follows:
-$2,500 4010-100-4007 E.I. 89-313 Personal Service
-$ 819 4010.489-4007 E.I. 89-313 Fringe Benefits
+$3,319 4010.490-4007 E.I. 89-313 Subcontracts
VOTE: Passed 8-0.
RESOLUTION NO. 295 Motion by Young, Second by Smith.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS 130
PART-TIME ADMINISTRATIVE POSITIONS 41
HIGHWAY UNIT POSITIONS 18
FULL-TIME SHERIFF UNIT POSITIONS 32
PART-TIME SHERIFF UNIT POSITIONS 10
APPOINTMENTS:
EFFECTIVE
NAME
TITLE
DEPT
DATE SALARY
TYPE
Hubbell, Lois
Sr. Data Entry Operator Mental Health
07/31/95 16,155
Perm
Carnes, Dustin
Mechanic Helper
Highway 08/7/95
9.12
NCC
Whitney, Nancy
Staff Social Worker
Mental Health 07/24/95
26,780
Perm
Reynolds, Diana
Sr. Data Entry Operator Social Svcs.
07/03/95
18,679
Perm
Stacker-Hasty, Mildred PCA II
Home Health 07/24/95
6.4834
Perm
Rooney, Frank
Prob. Officer
Probation 07/10/95
20,428
Perm
Patterson, M.
Supv. Social Worker
Mental Health
06/26/95
34,078
Perm
Bagchi, Arnab
Staff Social Worker
Mental Health 06/26/95
26,780
Perm
TEMPORARY:
Eggersdorf, David
Seasonal Assistant
Sheriff
07/07/95 7.85
Temp
11/07/95
Bleiler, Kevin
Youth Counselor
Youth Bureau 06/30/95
10.2714
Temp
08/31/95
Day, Todd W.
Deputy PT
Sheriff
06/26/95 7.85
Temp
09/26/95
Ector, Chad
Laborer
Bldgs.&Grds 07/05/95
5.00 hr
Temp
09/05/95
Fritts, Susan
RPN
Home Health 07/11/95
21,614
Temp
01/11/96
LEAVES OF ABSENCE:
NAME
TITLE
DEPT
DATE
Wheaton, Fred S.
Autom. Mechanic Highway
08/01/95
(To Continue on Worker's Comp. Indefinitely)
OTHER:
Arenal, Geraldine
Account Clerk Typist Mental Health
07/03/95
(Name Changed from Regensburg)
RETIREMENTS:
Bedient, Ruth J.
Home Health Aide Home Health
07/28/95
RESIGNATIONS:
Ashley, Martha
Civil Service Comm. Civil Service
08/01/95
Pratt, Nancy L.
Account Clerk Typist Treasurer
08/0/4/95
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 8-0.
RESOLUTION NO. 296 Motion by Young, Second by Smith.
RE: AUTHORIZE CONTRACT WITH CASH REALTY OF NEW YORK, INC.
WHEREAS, the Treasurer's Office has had a contract with Matson Auction and Real Estate Co. for auctioneer services for the county's tax sale auction for several years, and
WHEREAS, the company has changed its name, which requires full legislative approval for renewal of the contract.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with Cash Realty of New York, Inc. for auctioneer services for the 1995 tax sale auction at a commission rate of 6%; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 297 Motion by Karius, Second by Burnside.
RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that two (2) resolutions be brought to the floor.
VOTE: Passed 6-2. (Names of Noes: Smith, Hastings)
RESOLUTION NO. 298A Motion by Young, Second by Hastings.
RE: MOTION TO TABLE RESOLUTION NO. 298
BE IT RESOLVED, that Resolution No. 298 be tabled.
VOTE: Passed 5-3. (Names of Noes: Karius, Halpin, Franzese)
DISCUSSION: Legislator Hastings said that she wants everyone to understand that the committee is working towards doing a resolution, but not one written in this context. She said that Hector is one of the richest towns in the county. She said that in committee they want to know what the plan is and that there has to be a plan if money is being spent. Legislator Karius said that the town is going through a revaluation because of the land sales. She said that land that has been assessed for $200-$300 per acre is being bought for $900 per acre by the National Forest. Legislator Fitzsimmons thinks that it is important for people to consider the impact of their statements and how they will be interpreted and to look beyond their own backdoor on what this issue means both on a local perspective and a national perspective. He said that there is over 15 million acres of national forest in the United States and it has never been more threatened by the federal government than right now. He said that there is 13,000 acres of national forest in the State of New York and that everyone needs to look to the future and say what is our overall desire and what we want our State to look like in 50 to 100 years instead of what is happening tomorrow with the sale of a few acres. He said that if we support this moratorium, then we are saying that we mean business and that we have thought this through and this is what we want to have happen. He said that everyone should look at the big picture and the overall ramifications, not pretend that this is just a Hector question and not jump to any conclusions. He said that this should be analyzed a little more deeply and fully. Legislator Karius said that there has been a lot more acres added to the national forest in Hector. She said that this is going to grow also, because farmers that can no longer make an income off from farming will sell their property. Legislator Fitzsimmons said that he would like clarification on exactly how much national forest there is in the Town of Hector and clarification as to how much has been taken off the tax rolls and added to the rolls. Legislator Young said that this is a committee discussion and would like to send it back to committee. Legislator Halpin said that she does not think this resolution is that onerous and agrees that the issue has been here since March and we certainly should have come up with something by now. She said that one of our towns is interested in doing something to make the federal government aware that this is a concern. She said that this is strictly a lobbying resolution. She said that she feels that the national forest does have a plan and that she will not have a problem voting for the resolution. Legislator Hastings said that the resolution was presented to them in March. She said that in May the committee met with Martha Twarkins and discussed in length the issues they felt were very serious and that she would be pleased to speak to the full legislature to give them an idea. She said that Hector then came up with their resolution. She said that at the last Assessment and Taxation meeting is was recommended that the Chairman of the Legislature invite Martha to the full legislature before a possible resolution is presented. Chairman Franzese pointed out that this resolution does not set a moratorium, but simply asks that our federal representatives request one until more equitable pilot payments can be set.
RESOLUTION NO. 298
RE: RESOLUTION REQUESTING MORATORIUM ON LAND ACQUISITION IN SCHUYLER COUNTY - TABLED
WHEREAS, the economic climate in the Town of Hector, Schuyler County is in a state of duress resulting in weak and falling land values, and
WHEREAS, the Finger Lakes National Forest appears to be taking advantage of this situation by proceeding with long standing plans that involve buying up large tracts of land in Lodi, Covert and Hector, and
WHEREAS, the acquisition of the tracts removes them from the local tax rolls, thereby passing the tax burden onto the rest of the tax parcels that remain in private hands, and
WHEREAS, this increased tax burden has the effect of creating further negative pressures on the resale value of privately held lands, and
WHEREAS, this has the potential of creating a cascading effect on local land values.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby request that Senators Moynihan and D'Amato and Congressman Houghton seek a moratorium on further acquisition of land for the expansion of the Finger Lakes National Forest until a new plan for "Payment in Lieu of Taxes" can be formulated that compensates local governments for lost revenues in a manner that more equitably reflects current and future values.
RESOLUTION NO. 299 Motion by Halpin, Second by Young.
RE: CONTRACT - FINGER LAKES HEALTH SYSTEMS AGENCY FOR ASSISTANCE WITH COMMUNITY HEALTH ASSESSMENT AND REVISE PUBLIC HEALTH BUDGET TO FUND COMMUNITY HEALTH ASSESSMENT
WHEREAS, the New York State Department of Health requires that Schuyler County Public Health complete a Community Health Assessment in 1995, and
WHEREAS, the New York State Department of Health will provide funding to complete this project, and
WHEREAS, Schuyler County Public Health does not have sufficient staff time to produce the assessment, and
WHEREAS, the Finger Lakes Health Systems Agency will provide assistance to Schuyler County in the areas of data gathering, data analysis and report writing to complete the Community Health Assessment for an amount not to exceed twelve thousand dollars.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Chairman of the Legislature to execute an agreement with the Finger Lakes Health Systems Agency to provide assistance with the completion of the 1995 Schuyler County Community Health Assessment, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to adjust the Public Health budget as follows:
+$10,000 4010.435 Professional Services
+$10,000 4010.3401 Public Health State Aid
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Hastings noted that there will be a panel discussion on the flooding issue on September 27, 1995 at 7:00 p.m. in the Rural Urban Center. She said that this discussion is being hosted by the Agricultural and Natural Resources Committee.
UNFINISHED BUSINESS: Tabled Resolution for purchase of a dog cage out of seized assets. MOTION by Burnside, SECOND by Fitzsimmons to bring Resolution No. 207 off the table. Motion carried 8-0.
RESOLUTION NO. 207 Motion by Smith, Second by Young.
RE: AUTHORIZE TRANSFER OF MONEY FROM SEIZED ASSETS ACCOUNT FOR DOG KENNEL
WHEREAS, $900 is needed to purchase a special dog cage for the K-9 patrol.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $900 from the seized assets account to account number 3110.201 for the purchase of a dog kennel in the Sheriff's Department.
VOTE: Passed 8-0.
NEW BUSINESS: Chairman Franzese said that there will be a meeting tomorrow at 2:00 p.m. in the chambers to discuss the NYSAC Federal Revenue Maximization Project, and she urged all legislators to attend.
PUBLIC PARTICIPATION - 9:52 P.M.: None.
Motion by Fitzsimmons, Second by Karius to go into Executive Session at 9:55 p.m. to discuss an employee's history. Motion carried eight ayes to zero noes. Motion by Fitzsimmons, Second by Smith to come out of Executive Session at 10:07 p.m. Motion carried eight ayes to zero noes.
Motion by Smith, Second by Burnside that the Schuyler County Legislature approve the terms of the Settlement Agreement and Release of Claims between Lola Mitchell (employee) and Schuyler County (employer) tentatively agreed upon. This Agreement resolves three issues which have arisen between the parties: Eligibility for Discretionary Time and Ineligibility for Overtime, the employer's directive that Ms. Mitchell communicate through the Personnel Director and cover her office either by having the telephone answered by the Planning Office or by an answering machine, and all claims for payment of counseling fees per Resolution No. 115-93. The Legislature authorizes the Chairman of the Legislature to sign said agreement. Funds for paying the $2,828 in counseling fees shall be paid from Judgment and Claims account no. 1930.400. Motion carried six ayes to two noes. (Names of Noes: Hastings, Franzese).
The meeting adjourned at 10:11 p.m.
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
SEPTEMBER 11, 1995
The September 11, 1995 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 Chairman Franzese and followed by a Moment of Silence. ROLL CALL: All Legislators were present except Legislator Young and Smith who were excused. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced three emergency resolutions by title.
PUBLIC PARTICIPATION - 6:36 P.M.: Tom Ryan on Introduction No. 21, Local Law #4 for Staggered Terms. He said that this issue has been brought up since 1982. He said that there should be a meeting of the general public before putting this on the ballot. He said that half of the legislators would be a one year term, while the other half would be a two year term. He said that our Congressmen only have a two year term, therefore felt the legislators should not have a four year term. Charlene Williams on Introduction No. 20A, Rules of Procedure Modification. She asked if the complaint will go in a person's personnel file or will it just go to the department head? Chairman Franzese said that this resolution only pertains to the legislators. Sue Brill asked if the department heads feel that this is a good plan? Chairman Franzese said that this resolution was brought to the last department head meeting and they said it was something that they would not need, so this is just for legislators on how to deal with complaints. Rick Weakland, on the emergency resolution for the