ORGANIZATIONAL MEETING
JANUARY 2, 1996
The January 2, 1996 Organizational Meeting of the Schuyler County Legislature was called
to order at 10:00 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.
Judge Callanan arrived at 10:02 a.m. and administered the Oath of Office first to the two new legislators, Sidney B. Compton and Ernest E. Thurston, then to the remaining legislators.
PUBLIC PARTICIPATION: None.
MOTION by Young to nominate Angeline B. Franzese as Chairperson of the Schuyler County Legislature for the year 1996.
RESOLUTION NO. 1 Motion by Young, Second by Burnside.
RE: CLOSE NOMINATIONS - 1996 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1996 Chairperson of the Schuyler County Legislature be closed.
VOTE: Passed 6-1. (Name of No: Hastings)
RESOLUTION NO. 2 Motion by Halpin, Second by Burnside.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1996 - FAILED
BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1996.
DISCUSSION: Legislator Thurston said that he will be voting no on this resolution, not because of the person, but because of the system. He said that he has been here for 8 1/2 weeks since the election attending meetings and has observed that this County is in big trouble and if anyone does not believe that, he suggests that they spend some time here. He said that this county desperately needs a County Manager and said that he knows that Mr. Ryan has questioned that particular position in that past, and he submits to Mr. Ryan that every reason he submits for not having a manager, he can submit five why we need one. He said this needs to be pursued and made a priority. He said that he wants to emphasize that it is not because of the person but because of the system. He said that the system is antiquated and he is very concerned for the County. He said that we cannot expect eight part-time people to run an 18 million dollar business and be successful at it. He said that there is not one person that sits on this board that has the fiscal or financial experience to do so and is very concerned for the future.
VOTE: Failed 4-3. (Names of Noes: Hastings, Compton, Thurston)
Temporary Chairman Willis asked if anyone would like to re-open nominations for Chairman and there was no interest. She then asked County Attorney Coleman what is done in this case? County Attorney Coleman said that we will proceed with routine matters without a Chairman. He said that all matters presently on the agenda are housekeeping items and should be addressed without a Chairman. Temporary Chairman Willis noted that the continuation of government resolution would have to be withdrawn until a Chairman was appointed.
RESOLUTION NO. 3 Motion by Young, Second by Thurston.
RE: APPOINTMENT - CLERK TO THE LEGISLATURE
BE IT RESOLVED, that Gail M. Willis be appointed Clerk of the Legislature for a two-year term commencing January 1, 1996 and terminating December 31, 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 4 Motion by Young, Second by Thurston.
RE: APPOINTMENT - DEPUTY CLERK TO THE LEGISLATURE
BE IT RESOLVED, that this Legislature acknowledges the appointment by Clerk of the Legislature, Gail M. Willis of Diane M. Hughey as Deputy Clerk of the Legislature for a two-year term commencing January 1, 1996 and terminating December 31, 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 5 Motion by Young, Second by Thurston.
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. 6 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., W.G. Office, Franklin at 8th Street, Watkins Glen, NY 14891, $3,000,000.00
CHEMUNG CANAL TRUST COMPANY, Montour Falls or W.G. 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. 7 Motion by Burnside, Second by Young.
RE: MODIFICATION OF RULE 1 OF COUNTY LEGISLATURE'S RULES OF PROCEDURE
WHEREAS, notice of modification of Rule 1, paragraph 1 of the Rules of Procedure as adopted January 13, 1992 was given in accordance with Rule 29.
NOW, THEREFORE, BE IT RESOLVED, that Rule 1, paragraph 1 be modified effective immediately as follows:
"The Organizational Meeting of the Legislature shall be held on or before January 8 in each year for election or appointment of officers. The date, time and place thereof shall be fixed by the Legislature by Resolution adopted during the prior month of December. Upon the call of the meeting to order by the Clerk of the Legislature, the first order of business shall be the election of a Chairman for the ensuing year. The Legislature under the Chairman shall then proceed with the appointment of the Clerk of the Legislature, whose term of office shall be for two years, Public Defender WHOSE TERM OF OFFICE SHALL BE FOR FOUR YEARS, and Budget Officer whose term of office shall be for the current year."
VOTE: 6-0. (Abstention: Halpin)
RESOLUTION NO. 8 Motion by Burnside, Second by Young.
RE: CONFORM TO "RULES OF PROCEDURE"
BE IT RESOLVED, that the "Rules of Procedure", as adopted on January 13, 1992 to be effective January 13, 1992, and as amended, be conformed to.
VOTE: Passed 7-0.
RESOLUTION NO. 9 Motion by Hastings, Second by Franzese.
RE: APPOINTMENT - SCHUYLER COUNTY ATTORNEY - 1996-97
BE IT RESOLVED, that James P. Coleman be appointed County Attorney for a two-year term commencing January 1, 1996 and terminating December 31, 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 10 Motion by Hastings, Second by Franzese.
RE: APPOINTMENT - ASSISTANT COUNTY ATTORNEY - 1996-97
BE IT RESOLVED, that this Legislature acknowledges the appointment by County Attorney, James P. Coleman of Dennis J. Morris as Assistant County Attorney for a two-year term commencing January 1, 1996 and terminating December 31, 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 11 Motion by Hastings, Second by Franzese.
RE: APPOINTMENT - PUBLIC DEFENDER FOR 1996-1999
BE IT RESOLVED, that James Halpin be appointed Public Defender for a four-year term commencing January 1, 1996 and terminating December 31, 1999.
VOTE: Passed 6-0. (Abstention: Halpin)
RESOLUTION NO. 12 Motion by Thurston, Second by Halpin.
RE: APPOINTMENT - BUDGET OFFICER FOR 1996
BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 1996.
VOTE: Passed 7-0.
RESOLUTION NO. 13 Motion by Thurston, Second by Halpin.
RE: APPOINTMENT - CONFIDENTIAL SECRETARY TO COUNTY ATTORNEY - 1996-97
BE IT RESOLVED, that this Legislature acknowledges the appointment pursuant to County Law Section 501-5 by County Attorney, James P. Coleman of Barbara Klemann-Caldwell as Confidential Secretary to the County Attorney for the period commencing January 1, 1996 and terminating December 31, 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 14 Motion by Thurston, Second by Halpin.
RE: APPOINTMENT - COUNTY AUDITOR FOR 1996 AND 1997
BE IT RESOLVED, that Gail M. Willis be appointed County Auditor for a two-year term commencing January 1, 1996 through December 31, 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 15 Motion by Hastings, Second by Burnside.
RE: APPOINTMENT - COUNTY PURCHASING AGENT FOR 1996 AND 1997
BE IT RESOLVED, that Larry J. Sassano be appointed County Purchasing Agent for a two-year term commencing January 1, 1996 through December 31, 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 16 Motion by Hastings, Second by Burnside.
RE: APPOINTMENT - DEPUTY COUNTY TREASURER - 1996-99
BE IT RESOLVED, that this Legislature acknowledges the appointment by County Treasurer, Nancy A. Peters of Patricia Bilinski as Deputy County Treasurer for the period commencing January 1, 1996 and terminating December 31, 1999.
VOTE: Passed 7-0.
RESOLUTION NO. 17 Motion by Hastings, Second by Burnside.
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 1996.
VOTE: Passed 7-0.
RESOLUTION NO. 18 Motion by Young, Second by Halpin.
RE: APPOINTMENT - CHIEF CORONER FOR 1996
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 1996, 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. 19 Motion by Young, Second by Halpin.
RE: TRAVEL REIMBURSEMENT (MILEAGE) FOR 1996
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. 20 Motion by Young, Second by Halpin.
RE: SCHEDULE OF SALARIES FOR 1996
BE IT RESOLVED, that the Schedule of Salaries for 1996, (which is on file) be adopted, effective January 1, 1996, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 1996 Salary Schedule.
VOTE: Passed 7-0.
PUBLIC PARTICIPATION - 10:18 A.M.: Tom Ryan congratulated the two new legislators and all the others on their election to office. He said that they have a tough year ahead. He said that he felt the County Manager's position is not needed. He said that is what the legislators are elected to do and that government should be decreased, not increased. He said that on the issue of extending the term of office to four years, that this is too long for a legislator to serve. Doris Karius said that the County is in need of a County Manager because we are asked to make decisions that, as legislators, we should not be making. Also, a four-year term is badly needed for legislators. Legislator Young said that Schuyler County cannot afford a County Manager and that we are in dire straits and have to exercise common sense. Legislator Thurston said that in response to Tom Ryan, he has worked for the County for nine years, but was unable to move up, so left. He said that we are in dire straits and would challenge any legislator to look at long range financial plans. He said that the dollar counts. He said that a good financial person will help us and on behalf of all of his constituents, he will be fighting hard for a County Manager. Legislator Young said that this meeting calls for a Chairman and the County must have one. Legislator Compton said that he voted erroneously on Resolution Number 2, concerning the appointment of the Chairman. Temporary Chairman asked County Attorney Coleman what could be done? County Attorney Coleman said that a vote cannot be recalled, but could reopen nominations for Chairman. He said that we must come out of public participation prior to do this. Public Participation ended at 10:26 a.m.
RESOLUTION NO. 21 Motion by Halpin, Second by Young.
RE: RE-OPEN NOMINATIONS FOR 1996 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1996 Chairperson of the Schuyler County Legislature be re-opened.
VOTE: Passed 5-2. (Names of Noes: Hastings, Thurston)
MOTION by Halpin, SECOND by Young to nominate Angeline B. Franzese for Chairman of the Schuyler County Legislature for 1996.
RESOLUTION NO. 22 Motion by Young, Second by Burnside.
RE: CLOSE NOMINATIONS - 1996 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1996 Chairperson of the Schuyler County Legislature be closed.
VOTE: Passed 5-2. (Names of Noes: Hastings, Thurston)
RESOLUTION NO. 23 Motion by Halpin, Second by Young.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1996
BE IT RESOLVED, that Angeline B. Franzese be Chairperson of the Schuyler County Legislature for the year 1996.
VOTE: Passed 5-2. (Names of Noes: Hastings, Thurston)
Chairman Franzese said that County Government is important to all of us and that our political differences need to be put aside. She said that there will be many tough decisions made and that everyone needs to consider the 1996 budget to be a living document. She said that 2/3 of the 1996 budget is coming from State and Federal sources and we may need to amend it as we go. We need to look at not adding any new positions, but to reorganize the staff we have. She said that everyone needs to communicate.
PUBLIC PARTICIPATION - 10:35 A.M.: Tom Ryan congratulated Chairman Franzese on being elected to her position as Chairman. Everyone has his sympathy on the coming year, it will be a tough one. He said that the legislators are elected to represent the people within their district, and that they need to realize that the legislators are spending their money, when money is spent. Public Participation ended at 10:37 a.m.
The meeting adjourned at 10:37 a.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
JANUARY 8, 1996
The January 8, 1996 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:31 p.m. The Pledge of Allegiance was led by Legislator Fitzsimmons and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced one emergency resolution by title.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 24 Motion by Young, Second by Halpin.
RE: APPROVE MINUTES OF THE DECEMBER 8, 1995 SPECIAL MEETING, DECEMBER 11, 1995 REGULAR MEETING, DECEMBER 15, 1995 SPECIAL MEETING AND DECEMBER 27, 1995 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the December 8, 1995 Special Meeting, December 11, 1995 Regular Meeting, December 15, 1995 Special Meeting and December 27, 1995 Year End Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 25 Motion by Burnside, Second by Young.
RE: APPROVE MINUTES OF THE JANUARY 2, 1996 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the January 2, 1996 Organizational Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 26 Motion by Burnside, Second by Young.
RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 1996
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 1996, as follows:
Chairman Angeline B. Franzese
#1 Vice-Chairman Robert J. Fitzsimmons
#2 Vice-Chairman Patricia L. Hastings
#3 Vice-Chairman Barbara J. Halpin
#4 Vice-Chairman Charles E. Young
#5 Vice-Chairman Robert E. Burnside
#6 Vice-Chairman Sidney B. Compton
#7 Vice-Chairman Ernest E. Thurston
VOTE: Passed 8-0.
RESOLUTION NO. 27 Motion by Burnside, Second by Young.
RE: CONTRACT - FAMILY SERVICES SOCIETY - MENTAL HEALTH
WHEREAS, the Schuyler County Community Services Board has identified the need for enhanced advocacy services and approved advocacy services as a priority in the 1996 annual plan, and
WHEREAS, the NYS OMH has appropriated 100% State funding for Schuyler County to provide enhanced advocacy services, and
WHEREAS, it is preferable to contract for advocacy services so as not to create an additional county employment position, and
WHEREAS, Family Service Society of Corning has indicated it is available and willing to provide these services on a contractual basis.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the Director of Community Services and the Chairman of the Legislature to execute an agreement with Family Service Society of Corning in an amount not to exceed $28,000, which has been budgeted in the 1996 budget in account no. 4310.435, for advocacy services for eligible program participants; said agreement subject to the approval by the Schuyler County Attorney. It is understood there are no county dollars involved in this transaction.
VOTE: Passed 8-0.
RESOLUTION NO. 28 Motion by Fitzsimmons, Second by Thurston.
RE: RESOLUTION APPROVING THE PURPOSES AND ACTIVITIES OF THE NEW YORK STATE LOCAL GOVERNMENT SERVICES CORPORATION AND THE ISSUANCE OF SAID CORPORATION'S LEASE REVENUE BONDS, SERIES 1995 AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH THE CORPORATION AND A SUBLEASE WITH THE SCHUYLER COUNTY COMMUNITY SERVICES BOARD
WHEREAS, the County of Schuyler, New York ("County") desires to ensure that adequate and sufficient office space is available in the County for the purpose of providing programs for the mentally ill, the mentally retarded and the developmentally disabled, and those suffering from the diseases of alcoholism and substance abuse within the County, and
WHEREAS, New York State Local Government Services Corporation ("LGSC") is a not-for-profit corporation organized and existing under the laws of the State and whose purposes are the sale and/or lease of real and/or personal property to state and local governments and the conduct of any and all other activities as shall from time to time be found appropriate in connection with the foregoing and as are lawful under the Not-for-Profit Corporation Law of the State, and
WHEREAS, LGSC proposed to issue its Lease Revenue Bonds, Series 1995 (the "Bonds") on behalf of the County for the purpose of financing a portion of the costs of (i) acquiring a parcel of land in the Village of Watkins Glen in the County of Schuyler, New York (the "Land"); (ii) constructing a facility thereon to provide office and clinic space for the aforesaid programs (the "Facility"); and (iii) acquiring and installing certain machinery and equipment therein (the "Equipment") (the Land, the Facility and the Equipment being collectively hereinafter referred to as the "Project Facility"), and
WHEREAS, the County desires to lease the Project Facility for the purpose of providing adequate and sufficient office and clinic space for programs for the mentally ill, the mentally retarded and the developmentally disabled, and those suffering from the diseases of alcoholism and substance abuse within the County.
NOW, THEREFORE, BE IT RESOLVED, by the County of Schuyler Legislature, as follows:
SECTION 1. The Project Facility will be located within the geographical boundaries of the County.
SECTION 2. In connection with providing programs for the mentally ill, the mentally retarded and the developmentally disabled, and those suffering from the diseases of alcoholism and substance abuse within the County, the County Legislature hereby approves (i) the purposes and activities of LGSC as the same relate to the acquisition, construction and installation of the Project Facility and (ii) the issuance of the Bonds for the purpose of financing a portion of the costs of the Project Facility.
SECTION 3. The form and substance of a lease (the "Prime Lease") between LGSC and the County whereby the County will lease the Project Facility from the LGSC (in substantially the form presented to this meeting, with such changes as may be approved by the County Attorney) are hereby approved.
SECTION 4. The form and substance of the sublease (the "Lease") between the County and the Schuyler County Community Services Board ("CSB") whereby the County will lease the Project Facility to CSB (in substantially the form presented to this meeting, with such changes as may be approved by the County Attorney) are hereby approved.
SECTION 5. The Chairman of the County Legislature or such other person duly designated by the County Legislature is hereby authorized to execute and deliver the Prime Lease and the Lease and, where necessary, the Clerk of the Legislature or such other person duly designated by the County Legislature is hereby authorized, and directed to affix the seal of the County of Schuyler to said Prime Lease and Lease and to attest to the same.
SECTION 6. The Chairman of the County Legislature or such other person duly designated by the County Legislature is hereby authorized and directed for and in the name and on behalf of the County Legislature to do all acts and things required or provided for by the provisions of the Prime Lease and the Lease, to do all acts and things consistent with the provisions of this resolution, and to execute and deliver all such additional certificates, instruments and documents and to do all such further acts and things as may be necessary, or in the opinion of the Chairman or such other person duly designated by the County Legislature desirable and proper to effect the purposes of this resolution and to cause compliance by the County with all of the terms, covenants and provisions of the Prime Lease and the Lease.
SECTION 7. The execution of the Prime Lease, the Lease or any of the documents or certificates deemed necessary or appropriate to effect the issuance of the Bonds and completion of the Project Facility by the Chairman or such other person duly designated by the County Legislature shall constitute conclusive evidence of the approval of such document by the County Legislature.
SECTION 8. It is hereby found and determined that all formal actions of the County Legislature concerning and relating to the adoption of this resolution were adopted in an open meeting of the County Legislature and that all deliberations of the County Legislature and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements.
SECTION 9. The Chairman is hereby authorized and directed to distribute copies of this resolution and to do such further things or perform such acts as may be necessary or convenient to implement the provisions of this resolution.
SECTION 10. If any one or more of the provisions of this resolution, or of any exhibit or attachment hereto, shall be held invalid, illegal or unenforceable in any respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, or of any exhibit or attachment hereto, but this resolution, and exhibits or attachments hereto shall be construed the same as if such invalid, illegal or unenforceable provision had never been contained herein, or therein, as the case may be.
SECTION 11. This resolution shall take effect immediately.
VOTE: Passed 8-0.
RESOLUTION NO. 29 Motion by Fitzsimmons, Second by Thurston.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS 129
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 DEPARTMENT DATE SALARY TYPE
APPOINTED OFFICIALS:
MORRIS, Dennis Asst. County Attny County Attorney 1/1/96 - 29,689 Term
12/31/97
CALDWELL, Barbara Conf. Sec'y. to CA County Attorney 1/1/96 - 20,000 Term
12/31/97
REMOVALS:
NAME TITLE DEPARTMENT DATE
ROONEY, Joseph Probation Officer Probation 1/2/96
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
VOTE: Passed 6-2. (Names of Noes: Halpin, Compton)
RESOLUTION NO. 30 Motion by Hastings, Second by Young.
RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR
BE IT RESOLVED, that one (1) resolution be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 31 Motion by Burnside, Second by Thurston.
RE: AUTHORIZE OUT OF STATE TRAVEL - SHERIFF'S DEPARTMENT
WHEREAS, Deputy John Pierce is a member of the area Critical Incident Stress Debriefing Team for police, fire, EMS and other personnel, and
WHEREAS, it is necessary for Deputy John Pierce to travel with the Chemung County team members for training in Pittsburgh, PA, and
WHEREAS, Chemung County Mental Health will fund this training, and
WHEREAS, it is necessary for legislative approval for out of state conference and travel.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize Deputy John Pierce to travel to Pittsburgh, PA January 25-28, 1996.
VOTE: Passed 8-0.
At this point in the agenda the Legislature had finished all business except the two local laws, which called for public hearings. Chairman Franzese asked if anyone would like to speak on the first local law "unofficially" then at 7:00 p.m. the public hearing would officially be called to order. Anthony Compese said that although staggered terms may be appropriate, four year terms is not. He said that professional politicians become advocates of political views and that a two year term is best. He felt that if the legislators were doing a good job, then they would be re-elected, and if they are not, it gives the voters the opportunity to change the people. So, his point is yes to staggered terms, but no to four year terms. Tom Ryan asked the legislature for the reason they want four year terms, it has always been two years, why change it now? He said that if the legislature is worried about continuity of government, just do staggered terms for two years, not four. He felt that the public would not approve of this. Chairman Franzese said that a two year staggered term would be a possibility without making a one year term for some people. Legislator Hastings felt that too much politics gets played during an election. She said that sometimes election becomes a popularity contest. She said that many things go on in local government that does not get into the papers and that people do not see the games that are played. She said that legislators have to get a few years under their belt to better understand what is going on. Tom Ryan said that by doing a four-year staggered term, that the legislature is taking away the right of voters to vote them in every two years. Legislator Hastings said that only 50% of the population voted, so do not say that the public really cares about what goes on. Tom Ryan said that even though people do not come to meetings, they do go to the polls. Legislator Burnside said that he used to sit in at every meeting two years prior to running for the Legislature, and thought he was prepared. He said that he ran and won, but was very naive and very uneffective for quite a while. He said that government is very complicated and takes a while to understand. He said that his first two years was just for getting settled and to start learning. Lory Peck said that he has lived in this County for 19 years and is a student of government. He thinks that a change to a four- year term is unreasonable for this level of government. He said that staggering a term starting with four years is too much. He agrees that it is a learning curve for new legislators, but if they try hard they will be re-elected. He said that it is arrogant to say that this government runs an election every four years, when our State officials run every two years. Casey Creamer said that he agrees that legislators need more than two years. He said that legislators are doing County Manager's work. He said that ours is a small County and that our legislators do a lot of hands on work that our State officials do not. He said that he finds elections distasteful. He said that elections allow candidates the opportunity to lie to the public. He feels that any campaigning is counterproductive.
7:00 - PUBLIC HEARING - LOCAL LAW ON STAGGERED TERMS: Doris Karius that two years is barely enough time for new legislators to get their feet wet. She said it takes a lot longer than that to get to know the departments and find out where the money comes from. She said that she is very much for the four-year term. Casey Creamer said that County government is ten times more complicated than four years ago and that two years is not enough time to learn. Legislator Young said that both sides have good arguments, but there is no comparison between State and County government. He said that a four- year term is the best way to go. Helen Franzese said that she has been studying government at Syracuse University. She said that comparing our County to other levels of government is not fair. She said that as far as four-year terms go - what if a legislator gets in over his head and becomes stagnant. Also, right now only 50% of the voters registered actually vote; do they think that going to four years will bring more voters to the polls? She said that two-year terms has worked so far, why change. She said that they need to get more people involved. She said that by only going to the voters once every four years is not fair to the voters of the County and it should stay at two-year terms. Legislator Burnside said that department heads just get used to someone, then they may be gone. He asked Duane Spilde, Director of Community Services, how he felt about that? Duane Spilde felt that it would not make a whole lot of difference between the two. He wondered how many people did not run because it was only a two-year term and that people may take it a lot more seriously with a four-year term. He feels it is a handicap that the legislators have to campaign every other year. Tom Ryan feels that if a County Manager is hired, this will take a lot of work off the legislators. Legislator Thurston said that they would be remiss by not giving the voters the opportunity to vote on this. He said that he sees his constituents on a daily basis and will be voting yes on this to give the voters the opportunity to vote also. Sue Brill said that she was originally for the two-year term, but after listening to both sides of the issue thought she is more for the four-year term. She said that if legislators have a four-year record, then the voters have a better look at the people who are running. Legislator Fitzsimmons said that the real issue is the amount of time spent on campaigning. He said that the two-year system is a terrible system, but is the it is the best way to go and is the most fair shot. He said that he will support this to get it to the voters to vote on, but will oppose it when it gets to the polls. Legislator Compton asked how the public is going to know what is going on? Chairman Franzese said that it will be advertised in the paper and maybe the legislators could call informational meetings within their districts. Public Hearing ended at 7:42 p.m.
7:42 P.M. - PUBLIC HEARING - LOCAL LAW SETTING SALARIES FOR 1996: Public Hearing ended at 7:43 p.m.
RESOLUTION NO. 32 Motion by Hastings, Second by Young.
RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 1995/ LOCAL LAW NO. OF THE YEAR 1996 SETTING FOUR-YEAR STAGGERED TERMS OF THE SCHUYLER COUNTY LEGISLATURE
WHEREAS, a proposed Local Law regarding setting four-year staggered terms of the Schuyler County Legislature was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 8, 1996, 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. 4 of the Year 1995/Local Law No. of the year 1996, 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 No. of the year 1996, together with the required text thereof in the official county newspaper.
LOCAL LAW NO. OF THE YEAR 1996
For four-year staggered terms of the Schuyler County Legislature.
TERM OF OFFICE: Notwithstanding the provisions of any general, special or local law to the contrary, members of the Schuyler County Legislature shall be elected to staggered terms of four (4) years.
STAGGERED TERMS OF OFFICE: In each of the three (3) Election Districts heretofore established in the County of Schuyler, the successful candidates for election to the County Legislature shall be elected to staggered four (4) year terms as follows:
DETERMINATION OF STAGGERED TERMS: No later than June 1, 1996, the Chairman of the Legislature shall conduct a drawing for determination of the initial staggered terms for successful candidates in the three (3) Election Districts as follows:
A. Prior to the June, 1996 Regular Meeting of the Legislature, the County Attorney shall secretly prepare slips bearing the designations: "DISTRICT I", "DISTRICT II" and "DISTRICT III" and secretly place them in plain opaque envelopes bearing no external markings whatever. The County Attorney shall preserve the secrecy thereof and proceed in accordance with sub-paragraph B, below.
B. At the Regular Meeting of the Schuyler County Legislature on June 10, 1996, the County Attorney shall present the Chairman with the three envelopes in a suitable container whereupon the Chairman shall draw and open each envelope according to the following formula: the first Election District chosen shall have a term of four (4) years; the second three (3) years; and the remaining District two (2) years.
1. The District having been drawn for a four (4) year term in accordance with the above procedure shall be elected for a term of (4) years at the election of the legislature seats to be held in the year 1997 and shall be likewise elected for terms of four (4) years in the election to be held in the year 2001 and successively at four (4) year intervals thereafter.
2. The District having been drawn for a three (3) year term in accordance with the above procedure shall be elected for a term of three (3) years at the election for legislature seats to be held in the year 1997, but shall be elected for a term of four (4) years in the election to held in the year 2000 and successively at four (4) year intervals thereafter.
3. The District having been drawn for a two (2) year term in accordance with the above procedure shall be elected for a term of two (2) years at the election for legislature seats to be held in the year 1997, but shall be elected for a term of four (4) years in the election to be held in the year 1999 and successively at four (4) year intervals thereafter.
COUNTY ATTORNEY/LEGISLATIVE CLERK: The term of the County Attorney and the Clerk of the Legislature shall be four (4) years beginning on January 1, 1998. The terms of any other officer whose term is determined by reference to that of the Legislature shall likewise be four (4) years.
EFFECTIVE DATE: This local law shall be submitted for the approval of the qualified electors of the County of Schuyler at a general election to be held in November, 1996. If this law is approved by the affirmative vote of the majority of the qualified electors in the County voting thereon, this law shall become effective immediately.
VOTE: Passed 7-1. (Name of No: Franzese)
RESOLUTION NO. 33 Motion by Young, Second by Burnside.
RE: LOCAL LAW NO. 1 OF THE YEAR 1996 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 1996
WHEREAS, a proposed Local Law regarding setting salaries for certain public officers for the year 1996 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held January 8, 1996, 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 1996, 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 No. 1 of the year 1996, together with the required text thereof in the official county newspaper.
LOCAL LAW NO. 1 OF THE YEAR 1996
A Local Law Setting the Salaries of Certain Public Officers for the year 1996.
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, 1996.
2. The following public officers are subject to the provision hereof:
Commissioner of Social Services $39,208
Undersheriff $34,471
Deputy County Clerk $22,570
Director, Real Property Tax Service $27,924
Confidential Secretary, District Attorney $10,630
Superintendent of Highways $34,580
Deputy Superintendent of Highways $31,169
Assistant District Attorney $19,233
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.
DISCUSSION: Legislator Compton asked if we would be using the same procedure for adjustments in the future as used this year? Legislator Halpin said that we have a process for awarding salary adjustments that we will continue to use. She said that the percentages may change, this is based on decisions made by the legislature. Chairman Franzese said that the Legislature sets the dollar amounts that the employees will receive as an increase. VOTE: Passed 7-1. (Name of No: Compton)
REPORT ON STANDING COMMITTEES: Chairman Franzese distributed the committee assignments to the legislators.
UNFINISHED BUSINESS: None.
NEW BUSINESS: None.
Legislator Hastings asked that the new committee appointments be reconsidered. She said that they do not follow the Rules of Procedure. Chairman Franzese said that she has put a lot of time and effort into these appointments and the committee make-up is as fair as possible. She said that all legislators may attend any committee of which they are not a member. She said that the days and times may be changed and the legislators should make any suggestions. She urged the legislators not to miss any of the their committee meetings, if possible.
PUBLIC PARTICIPATION - 8:07 P.M.: Tom Ryan said that he was surprised that more legislators did not vote no on Local Law No. 2. He asked if this would add to the financial burdens of the County? Legislator Halpin said that these figures are already in the 1996 budget and that we are doing pretty well budget-wise. She said that if you employ someone, you have to pay them. Legislator Young said that employees expect a raise and that this is just a matter of cost of doing business. Mr. Compese said that he is beginning to see some fiscal control and agrees that raises must be given. Legislator Young said that as salaries increase, the percentage of raise decreases. Legislator Hastings said that if union personnel receive raises, then non-union personnel must receive them also. Tom Ryan inquired about the last quarter of sales tax. Nancy Peters, Treasurer, said that she has not gotten the December monies yet, but the last couple of months have been up from last year. She believes that we will finish above last year. Doris Karius said that she is sorry to see the Agricultural Committee under the Planning Committee and believes it should be separate. Chairman Franzese said that the Agricultural Committee is a special committee and that one member of the Planning Committee will be appointed to it. Legislator Hastings said that she does not want to see that happen. She feels it should be part of the Planning Committee, not its own separate committee. Chairman Franzese said that she appoints a Chairman to each committee, not a dictator, and the committee members should work together as a team and hopes that they do. Public Participation ended at 8:22 p.m.
The meeting adjourned at 8:22 p.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
FEBRUARY 14, 1996
The February 14, 1996 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 Silence. All Legislators were present. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced that there were no emergency resolutions, however noted that Introduction No. 43 will be withdrawn because there has not been a public hearing on this particular resolution. She asked for a motion to suspend the rules to add a resolution to the end of the agenda. MOTION by Hastings to suspend the rules to add a resolution to the end of the agenda, SECOND by Young. Motion carried eight ayes to zero noes.
PUBLIC PARTICIPATION - 6:33 P.M.: Sue Brill encouraged the filling of the Deputy Commissioner's vacancy. She said the work is still there to be done regardless of State funding. She said there has to be a deputy in case Anne is absent. Tom Ryan asked if the sliding scale resolution was going to be voted upon? Chairman Franzese said there needs to be a public hearing on this particular resolution first, but there was not enough time to advertise the public hearing prior to tonight's meeting. She said that she is strictly asking for input from the legislators to see if this resolution is supported. Tom Ryan asked if there has been any studies done to see how this would impact the taxpayers? Chairman Franzese said that she has asked for some data from the Real Property Tax Office. Mr. Ryan felt there needs to be a study done prior to voting on this issue. Chairman Franzese assured him that there will be more research done before it is voted upon. Mr. Ryan asked how much sales tax has been collected for the year 1995 and are we over or under? Legislator Halpin said that we are 2.9% over 1994, which is the county's share. Mr. Ryan asked if we have an anticipated date when 911 will be up and running? Legislator Burnside said by September, and they will be test running it soon. Mr. Ryan asked if more consoles will be purchased? Legislator Burnside said that they will eventually have to be replaced. Mr. Ryan asked if there will be any new dispatchers hired and Legislator Burnside said the present dispatchers will be utilized. Public Participation ended at 6:44 p.m.
RESOLUTION NO. 34 Motion by Burnside, Second by Young.
RE: APPROVE MINUTES OF THE JANUARY 8, 1996 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the January 8, 1996 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 35 Motion by Young, Second by Burnside.
RE: DECLARE EQUIPMENT SURPLUS - BUILDINGS & GROUNDS
WHEREAS, the Buildings & Grounds Department has purchased new equipment and needs to declare the old equipment surplus, and
WHEREAS, the equipment is no longer workable and no longer needed for public use pursuant to Section 215 of County Law.
NOW, THEREFORE, BE IT RESOLVED, that the County Legislature hereby declares as surplus, to be destroyed, the following equipment:
Saw, Jig Heavy Duty (Milwaukee)
Drill, Hammer 1/2" (Milwaukee)
Ladder, 8' Wooden, Step
VOTE: Passed 8-0.
RESOLUTION NO. 36 Motion by Young, Second by Burnside.
RE: AUTHORIZE CHANGE ORDER GC 1 - CONTRACT WITH KEUKA CONSTRUCTION
WHEREAS, the general contractors, Keuka Construction presented a proposal letter dated 01/16/96 regarding changing the date of substantial completion due to unforeseen conditions at the Office for the Aging and the Rural Urban Center, and
WHEREAS, on 1/16/96 the Public Works Committee reviewed the Change Order in reference to the contract with Keuka Construction Corp., as follows:
Contract sum prior to this Change Order $ 99,350.00
Contract sum increased by Change Order 1 $ 2,489.00
New Contract sum will be $ 101,839.00
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, that the Schuyler County Legislature does hereby authorize the Chairman of the Legislature to sign Change Order GC-1, upon approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 37 Motion by Young, Second by Burnside.
RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR MATERIALS AND SUPPLIES FOR 1996
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 be authorized to advertise for bids for materials and supplies for 1996 and/or participate with the State of New York in its bids, and
BE IT FURTHER RESOLVED, that, as in the past, the Towns of Schuyler County and any municipality in Schuyler County so authorized by County Resolution be allowed to participate in said bids.
VOTE: Passed 8-0.
RESOLUTION NO. 38 Motion by Young, Second by Burnside.
RE: AUTHORIZE COUNTY HIGHWAY SUPERINTENDENT TO ADVERTISE FOR 1996 ENGINEERING SERVICES
WHEREAS, Schuyler County Highway Department is frequently in need of engineering services with a 1996 budget of $50,000, and
WHEREAS, it is the recommendation of the Public Works Committee that the Highway Superintendent advertise for such services.
NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for 1996 engineering services and job completion rates on an hourly basis.
VOTE: Passed 8-0.
RESOLUTION NO. 39 Motion by Young, Second by Burnside.
RE: AUTHORIZE AMENDED AGREEMENT WITH HUNT ENGINEERS FOR TIMBER BRIDGE PROJECT
WHEREAS, all preliminary work on the original chosen timber bridge grant structure, Williammee and CR #23 bridges, was performed by Hunt Engineers, and
WHEREAS, Schuyler County is responsible for the substructure engineering work for the timber bridge project, and
WHEREAS, Schuyler County Highway Department has received a quote from Hunt Engineers for engineering services for the Timber Bridge Grant Project - Road, Town of Orange.
NOW, THEREFORE, BE IT RESOLVED, that, based upon the Public Works Committee and Highway Superintendent's recommendation, the Chairman of the Schuyler County Legislature be hereby authorized to sign the necessary amending documents to retain Hunt Engineers for engineering services for the Hornby Road Timber Bridge project in the amount of $14,900; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 40 Motion by Young, Second by Burnside.
RE: ESTABLISH 1996 IMMUNIZATION GRANT BUDGET
WHEREAS, Schuyler County's 1996 Immunization Grant is expected to be $18,000 from January 1, 1996 through December 31, 1996.
NOW, THEREFORE, BE IT RESOLVED, that the 1996 Immunization Grant budget be established as follows:
$ 8,708 4010.100-4024 Personnel
$ 700 4010.200-4024 Miscellaneous Equipment
$ 1,800 4010.208-4024 Computer Equipment
$ 1,500 4010.400-4024 Contractual Expense
$ 300 4010.433-4024 Postage
$ 276 4010.440-4024 Travel
$ 3,337 4010.489-4024 Fringe Benefits
$ 1,380 4010.490-4024 Contracted Services
$18,000 TOTAL
$18,000 4010.1689-4024 Grant Revenue
VOTE: Passed 8-0.
RESOLUTION NO. 41 Motion by Hastings, Second by Thurston.
RE: AMEND CONTRACT FOR NYSDOH LEAD POISONING PREVENTION PROGRAM GRANT AND ESTABLISH 1996-97 BUDGET
WHEREAS, Schuyler County has a contract with the New York State Department of Health for its Childhood Lead Poisoning Prevention Program Grant from April 1, 1995 through March 31, 2000, and
WHEREAS, the Department of Health has awarded $25,000 for the second year of this grant contract, from April 1, 1996 through March 31, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an amendment to the agreement with the New York State Department of Health for the Childhood Lead Poisoning Prevention Program Grant from April 1, 1996 through March 31, 1997, in the amount of $25,000; subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the 1996-97 budget be established as follows:
$ 16,942.00 to account no. 4010.100-4032 - Personal Service
300.00 to account no. 4010.429-4032 - Supplies
300.00 to account no. 4010.433-4032 - Postage
300.00 to account no. 4010.440-4032 - Travel
300.00 to account no. 4010.472-4032 - P.R.,
Brochures
5,447.00 to account no. 4010.489-4032 - Fringe Benefits
2000.00 to account no. 4010.579-4032 - Lead Testing
$ 25,589.00 TOTAL EXPENSES
589.00 to fee revenue account no. 4010.1610-4032
25,000.00 to grant revenue account no. 4010.4401-4032
$ 25,589.00 TOTAL REVENUE
VOTE: Passed 8-0.
RESOLUTION NO. 42 Motion by Hastings, Second by Thurston.
RE: TRANSFER LEAD GRANT FUNDS TO PURCHASE A COMPUTER - HOME HEALTH AGENCY
WHEREAS, the New York State Department of Health made changes in its Leadtrac software and it would be more efficient if the nurse administering the grant could enter information directly into the system on her own computer, and
WHEREAS, funds are available in the Lead Grant personal service budget to purchase a laptop computer for this purpose, and the Computer Coordination Committee approved this request.
NOW, THEREFORE, BE IT RESOLVED, that funds in the Home Health Agency Lead Grant accounts for a laptop computer and for computer consultant services be transferred as follows:
- $ 3,400 4010.100-4022, Personal service
+ $ 3,700 4010.208-4022, Computer equipment
+ $ 300 4010.532-4022, Computer services
- $ 600 4010.489-4022, Fringe benefits
VOTE: Passed 8-0.
RESOLUTION NO. 43 Motion by Hastings, Second by Thurston.
RE: AUTHORIZE TRANSFER OF HOME HEALTH AGENCY FUNDS FOR PURCHASE OF AUTOMOBILES
WHEREAS, the Home Health Agency has $21,000 budgeted for two automobiles, but the automobiles will cost $22,450.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer Home Health Agency funds as follows for the purchase of two automobiles:
- $ 500 4010.201, Equipment, other
+ $ 1,500 4010.204, Automobiles
- $ 1,000 4010.208, Computer equipment
DISCUSSION: Legislator Compton asked if the surplus cars would be given to other departments? Chairman Franzese said that some may be put out for bid and one will be given to the Watershed Department if there is one better than the one he already has.
VOTE: Passed 8-0.
RESOLUTION NO. 44 Motion by Fitzsimmons, Second by Young.
RE: APPOINTMENTS - MENTAL HEALTH SUBCOMMITTEE - MENTAL HEALTH
WHEREAS, vacancies exist on the Mental Health Subcommittee.
NOW, THEREFORE, BE IT RESOLVED, that the following individuals be appointed to the Mental Health Subcommittee for the terms expiring as indicated:
Patricia Hastings December 31, 1999
Sue Brill December 31, 1999
JoPat Wright December 31, 1999
Michael Yuhasz December 31, 1996
VOTE: Passed 8-0.
RESOLUTION NO. 45 Motion by Fitzsimmons, Second by Young.
RE: APPOINTMENTS-MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES SUBCOMMITTEE - MENTAL HEALTH
WHEREAS, vacancies exist on the Mental Retardation/Developmental Disabilities Subcommittee.
NOW, THEREFORE, BE IT RESOLVED, that the following individuals be appointed to the Mental Retardation/Developmental Disabilities Subcommittee for the terms expiring as indicated:
Jeff Schultz December 31, 1999
Kathy Fragola December 31, 1999
VOTE: Passed 8-0.
RESOLUTION NO. 46 Motion by Fitzsimmons, Second by Young.
RE: APPOINTMENTS - COMMUNITY SERVICES BOARD - MENTAL HEALTH
WHEREAS, vacancies exist on the Community Services Board.
NOW, THEREFORE, BE IT RESOLVED, that the following individuals be appointed to the Community Services Board for the terms expiring as indicated:
Richard Saucier December 31, 1997
John Hayes December 31, 1999
Patricia Hastings December 31, 1999
Marie Fitzsimmons December 31, 1999
VOTE: Passed 8-0.
RESOLUTION NO. 47 Motion by Fitzsimmons, Second by Young.
RE: APPOINTMENTS - ALCOHOLISM AND SUBSTANCE ABUSE SUBCOMMITTEE - MENTAL HEALTH
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:
Lee Hastings December 31, 1999
Marie Fitzsimmons December 31, 1999
John Hayes December 31, 1999
VOTE: Passed 8-0.
RESOLUTION NO. 48 Motion by Young, Second by Burnside.
RE: CONTRACT - RECORDS MANAGEMENT - MENTAL HEALTH
BE IT RESOLVED, that this Legislature authorizes the Chairman of the Legislature to approve an agreement between Schuyler County Mental Health and Schuyler County Clerk, as Records Management Officer, for records management services in an amount not to exceed $3,200, effective immediately; agreement subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 49 Motion by Young, Second by Burnside.
RE: AUTHORIZE TRANSFER OF FUNDS - MEDICAL SCHOLARSHIP
WHEREAS, the 1996 budget for the Medical Scholarship recipients included monies for life insurance policies for two recipients, when in fact there should have been monies budgeted for three recipients.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $65.50 from legislative account no. 1010.431 to medical scholarship account no. 2980.418.
DISCUSSION: Chairman Franzese said "For the Record" that she would be abstaining from this resolution because of family conflict. Legislator Hastings noted there may be state scholarships available for medical students.
VOTE: Passed 7-0. (Abstention: Franzese)
RESOLUTION NO. 50 Motion by Young, Second by Burnside.
RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH SCIDA
WHEREAS, the terms of the County's memorandum of understanding with SCIDA have changed to state that the County will provide audit services for the Agency for the year end audit for 1996 through 1998.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a memorandum of understanding with SCIDA for procurement of administrative services in the amount of $10,000 for the period January 1, 1996 to December 31, 1996; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 51 Motion by Young, Second by Burnside.
RE: AUTHORIZE TREASURER TO CHARGE TAXES ON PARCEL #76.-1-58 AS UNCOLLECTIBLE
WHEREAS, the 1993 Tax Sale Certificate was not listed as outstanding on a tax search requested on tax map #76.-1-58 on property listed to John Christopher Burns in the Town of Dix, and
WHEREAS, the tax search was requested by the buyer's attorney, and
WHEREAS, the deductible on the Errors and Omissions policy is $6,000 which is more than the tax outstanding.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to charge $4,348.69 to account no. A342 Allowance for Uncollectible Taxes.
VOTE: Passed 8-0.
RESOLUTION NO. 52 Motion by Young, Second by Burnside.
RE: WELCOME TO NATIONAL FIELD ARCHERS
WHEREAS, archers from throughout the United States will be meeting in Schuyler County July 29 - August 2, 1996 for the National Field Archers Competition, and
WHEREAS, this Legislature is proud to welcome once again the National Field Archers and their families to beautiful Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby welcomes the National Field Archers and their families and invites them to partake of the natural beauty, recreational parks and lakeside opportunities and facilities Schuyler County has to offer, and
BE IT FURTHER RESOLVED, this Legislature further extends its best wishes to the Archers and their families for an enjoyable stay in our county and wishes the best of luck to the competitors in the Competition.
VOTE: Passed 8-0.
RESOLUTION NO. 53 Motion by Fitzsimmons, Second by Thurston.
RE: APPOINTMENTS - SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY
BE IT RESOLVED, that this Legislature approve the appointment of Kevin Murphy and Terry Horgan to the Schuyler County Industrial Development Agency for the term January 1, 1996 through December 31, 1998, and
BE IT FURTHER RESOLVED, that the original Certificate of Appointment be forwarded to the Department of State (Division of Miscellaneous Records) for filing.
VOTE: Passed 8-0.
RESOLUTION NO. 54 Motion by Fitzsimmons, Second by Thurston.
RE: APPOINTMENTS - OFFICE FOR THE AGING ADVISORY COUNCIL
BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Office for the Aging Advisory Council for the term January 1, 1996 through December 31, 1996, as follows:
Brenda Pittman ARC
Beth Creamer RSVP
Joette McBride Hector (East)
Laura Merrill Hector (West)
Raymond Bailey Consumer
Janine Benjamin-Kuehl Schuyler Hospital
Olney Harkness Watkins Glen
Gilbert Hillerman Reading
Dorothy Huey Tyrone
Edith Lodge Watkins Glen
Helen Schmidt Orange
Verna Shrout Catharine
Marjorie Tewksbury Montour Falls
Kathryn Doolittle Consumer
Anne Balch Social Services
Barbara Regan Home Health
Angeline Franzese Chairman of the Legislature
Charles Young Legislator
VOTE: Passed 8-0.
RESOLUTION NO. 55 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZATION - ADVERTISEMENT AND ACCEPTANCE/REJECTION OF 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 Frozen Food products as necessary for the term March 1, 1996 to 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 the 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 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. 56 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZATION TO FILL DEPUTY COMMISSIONER VACANCY
WHEREAS, Deputy Commissioner, Rhonda Darling, has resigned from county employment effective March 7, 1996, and
WHEREAS, the Deputy Commissioner functions as Director of Services, as well as backup to the Commissioner, and
WHEREAS, the Department is unable to function with Departmental regulations and standards without the filling of this vacancy.
NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services be authorized to fill the Deputy Commissioner vacancy at a salary as recommended by the Human Services Committee and Personnel Director within the Management/Confidential Salary Plan, based upon the experience of the potential appointee, and
BE IT FURTHER RESOLVED, this appointment is subject to approval by the NYS Department of Social Services and Schuyler County Civil Service Commission.
DISCUSSION: Legislator Thurston said that he will be voting yes on this resolution, because he has only been in this position for 45 days and depends on the department heads to make these recommendations. He believes that Anne Balch needs this position, and urged the other legislators to do the same. Legislator Burnside said that he did vote this down in Management and Finance Committee, but will be changing his vote. He said that this department is very complex and realized after talking with Anne that it is going to take some time to fill this position. Legislator Halpin said that she will not be supporting this resolution, but said that she is very sympathetic to Anne. She is very concerned with the future regarding State Aid and would encourage legislators to wait. She is grateful that Social Services has supervisors that can head up their sections. She noted that we made Probation wait on filling a position and the reality is that we may have to cut departments where we can. She said the only way to avoid layoffs is through attrition. Legislator Young said the last few months Anne has not been able to work and has shown him how important a deputy can be. He said there is a definite need for this position and he will be supporting this resolution. Legislator Compton said the way things are happening all through the country, we cannot fill any type of position. He does not see how one person can make that much of a difference. He feels this department is a big chunk of our budget that the taxpayers are paying for. Legislator Hastings said that she did not intend to speak on this issue, but said it is difficult making a decision knowing that problems exist. She said the legislators are fiscally responsible to the taxpayers to watch the dollars and agrees with Legislator Halpin, that it is a marvelous group of people in Social Services and they do a great job. She said there are going to be changes made in this county and would like to see the position tabled until April. She is not against the position, but wants to wait and see what is going to happen at the State level. Legislator Fitzsimmons said for the last seven years he has sat on the Human Services Committee and all the rhetoric that is coming out of Albany and Washington has not reduced the work responsibilities of that department. He said in fact, that department has taken on more responsibility. He said that we are legally obligated to offer these services and Anne needs the help to make sure these are getting done. He said that Governor Pataki is suggesting block grants for welfare, and he wants the counties to take this responsibility on. He will be supporting this resolution. Chairman Franzese said that if it were any other year she would be agreeing with Legislators Halpin and Hastings, but this year in that department more dollars are going to be moved around and the Commissioner is going to be very busy looking at block grants and how to utilize less money. She feels we need working department heads and deputies. She said that someone has to be around while the Commissioner is out making decisions. Legislator Halpin feels confident that Anne could use the people she has now to take on more responsibility. She is uncomfortable that we may be taking on more local dollars. Legislator Fitzsimmons "called for the question."
VOTE: Passed 5-3. (Names of Noes: Halpin, Compton, Hastings)
RESOLUTION NO. 57 Motion by Young, Second by Fitzsimmons.
RE: AUTHORIZE PURCHASE OF FAX MACHINE - YOUTH BUREAU
WHEREAS, the Youth Bureau Director was authorized to purchase a fax machine with 1995 monies, and
WHEREAS, the fax machine had to be returned and a different fax machine ordered, and
WHEREAS, the $200 in 1995 monies originally encumbered for the fax machine purchase can still be utilized, and
WHEREAS, the new fax machine will cost $259.96 plus shipping.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to utilize $200 in encumbered 1995 Youth Bureau monies and transfer $75.00 from the 1996 Youth Bureau budget, account no. 7310.446 to account no. 7310.260 for the purchase of a fax machine.
VOTE: Passed 8-0.
RESOLUTION NO. 58 Motion by Young, Second by Fitzsimmons.
RE: AUTHORIZE AGREEMENT BETWEEN SOCIAL SERVICES AND OFFICE FOR THE AGING FOR HEAP ADMINISTRATION ALLOCATION
WHEREAS, NYS has decided to channel all HEAP administration funds through the local Departments of Social Services, and
WHEREAS, the administration allocation for 95-96 represents nearly a 30% reduction from 1994-95 funding levels, and
WHEREAS, the local Department of Social Services and Office for the Aging have met and agreed upon distribution of the $22,483.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the transfer of $6,958 to OFA for HEAP administration with the balance of $15,528 allocated for DSS, once funds are received by DSS by NYS. Any additional funds, if any received, to be distributed proportionately between DSS and OFA (69% to DSS, 31% to OFA), and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature authorizes the Chairman of the Legislature to sign a contract between DSS and OFA for said transfer of monies, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 59 Motion by Young, Second by Fitzsimmons.
RE: APPROVE APPLICATION FOR CORRECTION OF TWO TAX BILLS - WILLIAMS AND THOMPSON - TOWN OF TYRONE - 1996
WHEREAS, the Real Property Tax Director has received applications for corrected tax rolls for tax map numbers 39.5-1-9 and 39.15-1-9, in the Town of Tyrone, due to a clerical error, 550(2)i, and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that the applications be approved based upon determination of findings.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute approval of said applications.
VOTE: Passed 8-0.
RESOLUTION NO. 60 Motion by Young, Second by Fitzsimmons.
RE: TAXES ON LAND PURCHASED BY THE UNITED STATES GOVERNMENT
WHEREAS, the United States Government has purchased the following parcels of land:
TAX MAP NUMBER RECORDED
44.-1-15.1 Liber 304, Page 233, 07/06/95
34.-1-12.23 Liber 304, Page 187, 06/29/95
8.-1-11.2 Liber 305, Page 110, 09/13/95, 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 tax to the appropriate entity.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to cancel the county tax levied after the recording of the deeds on the above listed parcels and charge back to the Town of Hector its portion of the tax.
VOTE: Passed 8-0.
RESOLUTION NO. 61 Motion by Young, Second by Burnside.
RE: AUTHORIZE HIRING OF DEPUTY WITH COPS FAST GRANT MONEY
WHEREAS, there is money available from the federal government through the COPS Fast Grant, and
WHEREAS, it has previously been approved by this Legislature per Resolution No. 76-95 to accept said grant, and
WHEREAS, the 25% local match of $4,916.66 required is appropriated in the seized assets reserve account, which is to be transferred by the County Treasurer into account no. 3121.100-3021.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be authorized to fill a Deputy Sheriff's position using funds provided by the COPS Fast grant, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer establish the 1996 grant account numbers as follows:
Appropriation account no. 3110.100-3012 $25,000
Revenue account no. 3110-4820-3012 $25,000, and
BE IT FURTHER RESOLVED, that this position be eliminated at the end of the grant period.
DISCUSSION: Legislator Halpin voted against this originally. She said that we talked about two open positions at budget time. She said that if we do not know what we have, how can we hire more. She has looked things over and feels the problem area is in the jail. She would like a discussion on the staffing within the Sheriff's Department. Legislator Thurston said we are bringing in $975 a day for the boarding of prisoners. He knows how many deputies are on the road and that the Sheriff's Department has asked the State Police for help. Legislator Halpin said she might even agree to increasing some positions in the Sheriff's Department, but how can we make a decision when we know nothing about it. She feels we need to decide where the need for people is in this department. Legislator Burnside said that he cannot address all the questions, but overtime in this department cannot be questioned, this department must have overtime. Legislator Hastings thought that the other 25% was coming out of seized assets and would not cost any taxpayer dollars. She feels we do not have all the answers. Legislator Burnside said any questions can be answered at Friday's committee meeting and would be willing to table this if needed. Legislator Halpin thinks we do not need to table this, the only issue is where the 25% is coming from. Nancy Peters suggested that the resolution says that this position will be eliminated at the end of the grant period. Legislator Hastings said that this is a gift from the Federal Government as she understands it to help communities, but she was a little confused, so she went to the Sheriff's Department and received some very good answers. Nancy Peters explained that it needs to be specified where the monies will be coming from and added to the resolution. The sponsors agreed to add the information regarding the funding and that the position will come to an end at the end of the grant period.
VOTE: Passed 5-3. (Names of Noes: Halpin, Compton, Franzese)
RESOLUTION NO. 62 Motion by Young, Second by Burnside.
RE: AUTHORIZATION FOR CHAIRMAN TO SIGN FOR ACCEPTANCE OF STATE FUNDS - PROBATION
WHEREAS, in order to comply with the Sex Offender Registration Act of 1995, it is required that a camera be purchased, in addition to film, for the photographing of sex offenders by Probation personnel, and
WHEREAS, the State of New York Division of Probation and Correctional Alternatives will reimburse the local Probation Department up to $125.00 towards the purchase of a camera plus the total costs of film.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be authorized to sign the appropriate form for acceptance of said funds, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to adjust the 1996 Probation Department Budget by the addition of $125.00 to account no. 3140.2 and $75 to account no. 3140.400 and $200.00 to account no. 3140-3310.
VOTE: Passed 8-0.
RESOLUTION NO. 63 Motion by Young, Second by Burnside.
RE: AMENDMENT OF SCHUYLER COUNTY POLICIES AND PROCEDURES - HEALTH INSURANCE
BE IT RESOLVED, that the section of the Schuyler County Policies and Procedures, Health Insurance (page 8), be amended by the addition of the following:
"Any employee, retiree, eligible spouse of a retiree, or former employee eligible for coverage per COBRA law, who is required to pay the full premium for health insurance or a portion thereof must make insurance premium payments when due. If health insurance payments are 30 days delinquent, the health insurance coverage shall be cancelled and the eligibility for coverage terminated.", and
BE IT FURTHER RESOLVED, that notices of this policy shall be sent to all people currently included under one of the above stated circumstances and all future participants shall be so advised at the time they become eligible for such health insurance coverage.
VOTE: Passed 8-0.
RESOLUTION NO. 64 Motion by Young, Second by Burnside.
RE: AMEND RESOLUTION NO. 217-95 - HIRING DIRECTIVE
WHEREAS, it is the recommendation of the Management and Finance Committee to exempt per diem positions for which funds are appropriated in the annual budget from the Hiring Directive.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 217-95 shall be amended to read 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. Per diem positions for which funds are appropriated in the annual budget are exempt from this directive.
DISCUSSION: Legislator Hastings said that when we voted on this resolution the last time she voted against it. She feels that it is unfair to everyone that one area can can use per diems and then other areas cannot. She feels strongly that those of us that are in Human Services are going to have to make some changes in the coming years. We are certainly going to have to watch the departments and seriously consider positions. As a committee, they should be able to consider the positions. She felt this directive should be eliminated. MOTION by Hastings to eliminate the hiring directive from this resolution, SECOND by Fitzsimmons. Legislator Halpin said that no department can fill a per diem that does not have those positions already created. She said there are some departments that have to provide service, like Public Health, Sheriff's Department and our Highway Department. She said that if these departments have a couple people out for various reasons, they have the people to call in to be able to go out and do the job that needs to be done. She asked Legislator Hastings if her motion proposed any other hiring directive? Legislator Halpin clarified that this was put in place versus a hiring freeze that was instituted last year. If the directive is rescinded, all positions can be filled by department heads without checking with the committee at all. County Attorney Coleman said he would like to translate some procedures being done. He understands that Legislator Hastings' motion to amend a resolution already on the floor, probably translates into a desire during the discussion period to vote it down when the roll call is called for. He proposes the effect is exactly the same. He said the effect is that if this resolution is voted down when it comes around on the vote, it will be eliminated as Legislator Hastings has asked for. Legislator Fitzsimmons said that if we pass this then we have a procedure for hiring. If we rescind this resolution, then we have no hiring freeze in effect and that would mean any position would be at the discretion of the department head to fill it, without any committee involvement. Chairman Franzese said that Resolution 217-95 rescinded the hiring freeze and put a hiring directive on. She said that this resolution took the place of the hiring freeze. Legislator Halpin said the way she interprets this is if we vote no on this resolution as it stands, that means that every position including per diem positions will be subject to the hiring directive; if we vote to support Legislator Hastings motion we will have no hiring directive. Chairman Franzese said that is correct. Legislator Hastings said that she wants to rescind the hiring directive because this resolution rescinded the hiring freeze. She said that even though she is the Chairman of the Health Services Committee and she sympathizes with the department head, she does not think it is fair to do this. Chairman Franzese asked Legislator Hastings if she was asking to, in effect, implement no hiring freeze and no hiring directive. Legislator Hastings said that she wants the department heads to be able to do their own hiring. She said we need to have faith in the department heads to not hire someone if it is not needed. Legislator Thurston said there needs to be a system of checks and balances. Chairman Franzese said that without this hiring directive there is no need for the department heads to come to the legislators and ask to fill a position. Legislator Fitzsimmons withdrew his SECOND to the earlier motion. Legislator Hastings supported not have this hiring directive added to the resolution in the first place and she has enough faith in the department heads. They certainly should come to the committee and talk about what is going on in their department. Legislator Halpin said that it needs to be clarified a little more. She said that if you vote yes on this resolution, it means that per diem positions will not be affected by the hiring directive, but if you vote no, it means the hiring directive will still be in effect and all positions including per diems will be covered by the hiring directive.
VOTE: Passed 5-3. (Names of Noes: Halpin, Thurston, Hastings)
RESOLUTION NO. 65 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE AGREEMENT WITH NYNEX FOR E-911 EQUIPMENT - EMERGENCY MANAGEMENT
WHEREAS, Schuyler County has committed to implementing the Enhanced-911 System pursuant to Local Law No. 2-95 which imposed a surcharge to pay for the costs associated with obtaining and maintaining an Enhanced 911 Emergency telephone system, and
WHEREAS, Schuyler County is receiving payments and will be in the position to obtain the necessary equipment by the time this agreement is processed and the order is placed.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement with NYNEX for installation and maintenance of two position Enhanced-911 computer terminals and associated equipment; maintenance of the computer data bank for said program; and associated training of all operators, in the amount of $1610 per month plus $.03 per phone number for a five year period. Upon satisfactory installation of the equipment, NYNEX is to receive a one-time $7,000 installation fee. It is understood that the aforementioned agreement is subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 66 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE PURCHASE OF EQUIPMENT - SHERIFF'S DEPARTMENT
BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $3634.54 from the seized assets reserve account to seized assets appropriation account no. 3121.207 for the purchase of a laptop computer, docking station, 14" color monitor, keyboard, Deskjet portable printer, fax modem, and necessary installation and network configuration as approved by the Sheriff's Department computer consultant and the Computer Coordination Committee.
VOTE: Passed 8-0.
RESOLUTION NO. 67 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE CONTRACT WITH DOVER ELEVATOR - BUILDINGS & GROUNDS
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Dover Elevator for Elevator Maintenance for all county elevators as follows:
PERIOD AMOUNT
01/01/1996 - 12/31/1996 $5,334
01/01/1997 - 12/31/1997 $5,334
01/01/1998 - 12/31/1998 $5,495
01/01/1999 - 12/31/1999 $5,661
01/01/2000 - 12/31/2000 $5,832; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 68 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZING SCHUYLER COUNTY TO PARTICIPATE IN THE FEDERAL HIGHWAY ADMINISTRATION'S (FHWA) EMERGENCY RELIEF PROGRAM TO BE ADMINISTERED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION
WHEREAS, ice jams, severe runoff and floods, beginning January 18, 1996, impacted local roads which are on the Federal Aid Highway System, and
WHEREAS, Schuyler County will perform or cause to be performed the emergency repairs, in compliance with all applicable Federal, State and local laws pertaining to disaster emergencies, and
WHEREAS, Schuyler County, upon completion of the emergency repairs will request reimbursement up to the maximum amount payable as shown on Schedule "A" in the agreement.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature duly convened does hereby approve of the above subject program, and
BE IT FURTHER RESOLVED, that if the New York State Department of Transportation performs or causes to be performed the permanent repairs authorized hereunder, the Recipient will deposit its share of the cost immediately upon notification by the Department, and
BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature and the Schuyler County Highway Superintendent (or his designee) be, and hereby are, authorized to execute all necessary Agreements on behalf of Schuyler County with the New York State Department of Transportation approving of the above-subject program and providing for the Municipality's participation in the program, and
BE IT FURTHER RESOLVED, that a copy of this resolution be filed with the State Commissioner of Transportation.
VOTE: Passed 8-0.
RESOLUTION NO. 69 Motion by Young, Second by Compton.
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 1996.
VOTE: Passed 8-0.
RESOLUTION NO. 70 Motion by Young, Second by Compton.
RE: PERSONNEL ACTIONS
FULL-TIME ADMINISTRATIVE POSITIONS 130
PART-TIME ADMINISTRATIVE POSITIONS 40
HIGHWAY UNIT POSITIONS 20
FULL-TIME SHERIFF UNIT POSITIONS 32
PART-TIME SHERIFF UNIT POSITIONS 10
APPOINTMENTS:
EFFECTIVE
NAME TITLE DEPARTMENT DATE SALARY TYPE
APPOINTED OFFICIALS:
STRUBLE, Thomas Deputy PT Sheriff 12/28/95 7.85/Hr. Perm
DAY, Todd Deputy Sheriff 12/27/95 9.88/Hr. Perm
JAMES, Gregory Deputy PT Sheriff 12/27/95 7.85/Hr. Perm
FRABONI, Elizabeth Registered Nurse Home Health 1/8/96 12.2444/Hr. NCC
FRITTS, Susan Registered Nurse Home Health 1/17/96 12.2444/Hr. NCC
APPOINTED/ELECTED OFFICIALS:
WILLIS, Gail M. Clerk to Bd. Legislature 1/1/96 - 25,277 Term
of Legislature 12/31/97
HUGHEY, Diane M. Deputy Clerk Legislature 1/1/96 - 21,684 Term
of Legislature 12/31/97
FRANZESE, Angeline Chairman of Legislature 1/1/9 - 7,000 Term
Legislature 12/31/96
FRANZESE, Angeline Legislator Legislature 1/1/96 - 5,000 Term
12/31/97
FITZSIMMONS, Robert Legislator Legislature 1/1/96 - 5,000 Term
12/31/97
HASTINGS, Patricia Legislator Legislature 1/1/96 - 5,000 Term
12/31/97
HALPIN, Barbara Legislator Legislature 1/1/96 - 5,000 Term
12/31/97
YOUNG, Charles Legislator Legislature 1/1/96 - 5,000 Term
12/31/97
BURNSIDE, Robert Legislator Legislature 1/1/96 - 5,000 Term
12/31/97
COMPTON, Sidney Legislator Legislature 1/1/96 - 5,000 Term
12/31/97
THURSTON, Ernest Legislator Legislature 1/1/96 - 5,000 Term
12/31/97
COLEMAN, James P. County Atty. County Atty. 1/1/96 - 35,798 Term
12/31/97
HALPIN, James Public Defender Public Defender 1/1/96 - 29,061 Term
12/31/99
SASSANO, Larry J. Purchasing Agent Purchasing 1/1/96 - 19,665 Term
12/31/97
BILINSKI, Patricia Deputy County Treasurer 1/1/96 - 26,627 Term
Treasurer 12/31/99
TEMPORARY:
NAME TITLE DEPARTMENT DATE
REKCZIS, William R. Laborer Highway 12/21/95- 4/20/96
LEAVES OF ABSENCE:
LISK, David W. Bldg. Maint. Supv. Bldgs./Grds. 1/18/96-2/29/96
JUST, Sandra Home Health Aide Home Health 12/15/95-1/2/96
JUST, Sandra Home Health Aide Home Health 1/2/96 (Return from Leave)
MITCHELL, Lola L. Director Youth Bureau 9/18/95 (App. Family Medical Leave)
MITCHELL, Lola L. Director Youth Bureau 2/5/96
(Return from Family Medical Leave/Return to Full-Time)
OTHER:
McFARLAND, Rosellen Sr. Probation Ofcr. Probation 1/15/96 (Return to Payroll)
RETIREMENT:
TOWNER, Harold P. Deputy/Sgt. Sheriff 12/15/95
BE IT RESOLVED, that the above stated personnel actions be approved by the Schuyler County Legislature.
DISCUSSION: Legislator Halpin noted that after tonight, this will no longer be on the agenda as a resolution, but the statistical information will be at the end of the agenda for each regular meeting. County Attorney Coleman said that this was never a law, it is just a custom.
VOTE: Passed 8-0.
RESOLUTION NO. 71 Motion by Young, Second by Compton.
RE: APPOINTMENTS - PROFESSIONAL ADVISORY COMMITTEE
BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Professional Advisory Committee for the term January 1, 1996 through December 31, 1996, as follows:
Barbara Regan Chairperson
Kathryn Doolittle Consumer
Anne Balch DSS Commissioner
Ruth Bedient HH Aide
Eleanor Callanan Physical Therapist
Angeline Franzese Legislator
Patricia Hastings Legislator
Harold Hoffmire
Erik Miller
Dr. L. Titus Parker
VOTE: Passed 8-0.
RESOLUTION NO. 72 Motion by Young, Second by Compton.
RE: APPOINTMENTS - FIRE SAFETY ADVISORY BOARD
BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Fire Safety Advisory Board for the term January 1, 1996 through December 31, 1996, as follows:
James Keeney and George Miller Beaver Dams
Mark Martin and Roy Stegner Burdett
Richard Robertson and Jay Russell Mecklenburg
Mike Pierce and Paul French Monterey
Rick Yaw and Mike Barr Montour Falls
Robert Burns Odessa
William Kennedy and Mr. Dykes Tyrone
Mr. Harbot V. of Hector
Bruce Beardsley and Charles Smith, Jr. Watkins Glen
VOTE: Passed 8-0.
RESOLUTION NO. 73 Motion by Young, Second by Compton.
RE: ONE-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1996 to the following programs, boards and councils, to wit:
SULLIVAN TRAIL RESOURCE, CONSERVATION & DEVELOPMENT COUNCIL
Patricia Hastings
INTER-COUNTY
Robert Burnside, Charles Young, and Patricia Hastings
CHILD CARE COORDINATING COUNCIL
Ernest Thurston
VOTE: Passed 8-0.
RESOLUTION NO. 74 Motion by Young, Second by Compton.
RE: TWO-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature approves the following appointments effective immediately and terminating December 31, 1997 to the following programs, boards and councils, to wit:
MEDICAL SCHOLARSHIP COMMITTEE
Angeline Franzese and Gail Willis
SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD
Angeline Franzese, Robert Burnside, Barbara Halpin, Corry Buckwalter, and George Bulin
SOIL & WATER CONSERVATION BOARD
Patricia Hastings, Anthony Specchio, and Ernest Thurston
SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY
Robert Burnside
SCHUYLER HEADSTART BOARD OF DIRECTORS
Robert Fitzsimmons
RSVP ADVISORY COUNCIL
Robert Burnside
HUMAN SERVICES
Ernest Thurston
LAW LIBRARY BOARD OF TRUSTEES
Robert Burnside
HISTORICAL SOCIETY BOARD OF TRUSTEES
Robert Burnside
FINGER LAKES ASSOCIATION
Barbara Halpin
COOPERATIVE EXTENSION SERVICE
Sidney Compton
CHAMBER OF COMMERCE
Barbara Halpin
BARGAINING UNIT COMMITTEE
Barbara Halpin, Charles Young, Robert Burnside, Angeline Franzese, Gail Willis, and Doris
Craig
AUDITING COMMITTEE
All Legislators
FISH & WILDLIFE MANAGEMENT BOARD
, Sportsman Rep.
Barlow Rhodes, Sportsman Alternate
Ernest Thurston, Legislative Rep.
Patricia Hastings, Legislative Alternate
AGRICULTURE & NATURAL RESOURCES COMMITTEE
Patricia Hastings and Sidney Compton
VOTE: Passed 8-0.
RESOLUTION NO. 75 Motion by Young, Second by Compton.
RE: APPOINTMENT - PRIVATE INDUSTRY COUNCIL
BE IT RESOLVED, that this Legislature approve the appointment of James Wilson to replace Kay Doolittle as the rehabilitation representative on the Private Industry Council for the term January 1, 1996 through December 31, 1998.
VOTE: Passed 8-0.
RESOLUTION NO. 76 Motion by Young, Second by Compton.
RE: APPOINTMENT - FEDERAL EMERGENCY MANAGEMENT AGENCY
BE IT RESOLVED, that this Legislature approve the appointment of Ernest Thurston to represent the Legislature on the Federal Emergency Management Agency for the term January 1, 1996 through December 31, 1997.
VOTE: Passed 8-0.
Chairman Franzese at this point said that Introduction No. 43 will be withdrawn so that a public hearing could be held. She asked for a poll of the Legislature for support to proceed, which would take effect in March of 1997. She said that if the poll fails, she reserves the right to bring this up again later in the year. There was an individual poll done by name with the result of the poll be 2 ayes and 6 noes. (Names of Noes: Halpin, Young, Compton, Thurston, Fitzsimmons, Hastings)
RESOLUTION NO. 77 Motion by Fitzsimmons, Second by Thurston.
RE: AMEND SECTION III -- PERFORMANCE APPRAISAL OF THE MANAGEMENT/ CONFIDENTIAL SALARY PLAN
WHEREAS, it is the recommendation of the Management and Finance Committee to amend Section III Performance Appraisal in an effort to provide Department Heads guidance in appraising deputies and confidential employees in a consistent and equitable manner.
NOW, THEREFORE, BE IT RESOLVED, that the following be added to paragraph 2 of Section III of the Management/Confidential Salary Plan:
The Personnel Director shall meet with Department Heads who have employees to conduct performance appraisals with them and to explain the philosophy and process as described in the plan. Any Department Head wishing to give a summary rating of 7 or above -OR- 4 or below must meet with the Personnel Director to verify the documentation for that rating is sufficient. The Personnel Director shall sign off on the appraisal form as accepting the documentation for a rating 7 or above -OR- 4 or below to be effective.
VOTE: Passed 7-1. (Name of No: Hastings)
RESOLUTION NO. 78 Motion by Fitzsimmons, Second by Thurston
RE: AMENDMENT OF THE MANAGEMENT/CONFIDENTIAL SALARY PLAN
WHEREAS, the Factor Rating Chart of the Management/Confidential Salary Plan dated October 10, 1995 was adjusted as per attached, and
WHEREAS, the Administrative Committee and the Personnel Director reviewed the salary grades as provided in the plan and recommend the amendment of the section Salary Grades, page 15.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby amend the Management/Confidential Salary Plan as printed below, and
BE IT FURTHER RESOLVED, that all references to standing committees of the Legislature in the Salary Plan shall be changed to correspond to the committee structure adopted 1/1/96.
SALARY GRADES
Building Maintenance Supervisor F
Community Services Director I
County Attorney, Confidential Secretary B
County Clerk, Deputy C
District Attorney, Confidential Secretary B
Elections, Clerk, Board of B
Emergency Services Coordinator, Deputy B
Emergency Services Director of E
Executive Secretary/Personnel Director F
Highway Superintendent G
Highway Superintendent, Deputy County E
Legislature, Clerk of F
Legislature, Deputy Clerk of C
Office of Aging, Director G
Personal Secretary - Legislature B
Personnel Clerk B
Planning, Director of F
Probation Director F
Public Health, Director of H
Purchasing Agent C
Real Property Tax Services, Director of F
Social Services Commissioner of I
Social Services, Deputy Commissioner of F
Treasurer, Deputy County C
Undersheriff G
Veterans Services, Director of C
Watershed Inspector E
Weights and Measures, Director of C
Youth Bureau, Director of Schuyler County E
VOTE: Passed 7-1. (Name of No: Hastings)
RESOLUTION NO. 79 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZE SECTION 18 ANNUAL GRANT APPLICATIONS
WHEREAS, the County of Schuyler is submitting a request for a grant of funds to the New York State Department of Transportation and the United States Department of Transportation, pursuant to Section 18 of the Urban Mass Transportation Act of 1964 as amended, for a project to provide for public mass transportation service for Schuyler County, the Villages of Montour Falls and Watkins Glen and the Towns of Montour and Hector by the Chemung County Transit System for the 1996 fiscal year, and
WHEREAS, the County of Schuyler and the State of New York have entered into a continuing Agreement for a ten-year period which authorizes the undertaking of the Project and payment of the Federal Share, identified as State contract C001944.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute on behalf of the County of Schuyler the annual grant application and progress and complete the above named Project; subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 80 Motion by Fitzsimmons, Second by Thurston.
RE: APPROVE APPLICATION FOR REFUND OF TAXES - ANDREWS - TOWN OF TYRONE - 1995
WHEREAS, the Real Property Tax Director has received an application for tax map number 18.17-1-5.11 in the Town of Tyrone due to an error in essential fact pursuant to Real Property Tax Law 550(3)b, and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee, (now the Governmental Operations 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 $719.53 (County $275.49, Town $84.62, Hammondsport School $299.54, Fire $24.80, Installment Fee $14.11, and Interest $20.97) to the applicant and charge back the appropriate amounts to the school and town.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Fitzsimmons asked what creates public safety, the perception of public safety, and what level of safety does the general public consensus for itself? He said that he can look at the shift assignments in the past, but has at times been bewildered as to what is enough public safety. He said that in the past he has seen people protesting any cuts in the Sheriff's Department and other years when it has been very quiet and not heard anything. He said that however the committee wishes to research the questions, he would like to support some inclusion of the public in the process. He proposed at one point last year to eliminate the deputy out front, but that was not a popular idea at all. His personal perception of public safety is that he feels very safe. He knows that some other folks do not feel that way. He said that using the information from the Sheriff's Department is not going to yield enough result. We need to compare our information with other counties. We need to know what the public perception is and our crime profile for our community.
Legislator Halpin said that the committee did meet with the team leaders on the budget process and received some written as well as some verbal input and agreed that the process was basically good and they want to do it again this year. She said we will be adopting the same general procedure. She has some questions herself about the Legislature in concern to the budget and the recommendation was that this be discussed in Management and Finance Committee with recommendations made to the full Legislature. She said there was another recommendation that the Purchasing Director do a database of our auto fleet, meaning all county vehicles so we know what is going on with them at all times. She said that he has started this process and believes that it will be a big help. She said that from Albany she sensed some anxiety about what is happening. She said the State cannot realistically get a budget done until the Federal Government does and it looks like maybe the Federal area is going to wait until after the election to do this. She said some things are made pretty clear to us and a couple of the most important are that even if the Medicaid reimbursement rate to the State is changed by the Federal Government so the State of New York gets a bigger percentage from the Federal Government it is pretty clear that they are not going to share that with the counties. She said that along with block grants goes responsibility and this was also made very clear, that once they give us the money we also assume the liability, which means the risk of litigation are probably greater than they were before. Chairman Franzese said there is a lot of negotiations and lobbying going on. She said another big thing that is going on is the Pre-K proposal. She said this is a controversial issue. She said that currently the county pays 39% and the rest is the State, but the State Education Department is saying that 20% will go on the school districts.
Legislator Young said the boiler remains a problem. He said that it is a cool-leak, which is leaking 10 gallons a day and they are trying to nurse it along until the weather breaks.
Legislator Halpin noted the Highway Committee is invited to a meeting at the Odessa Village Board on the fourth of March where they will be finalizing the plans for building the new road in Odessa. She said our Highway Department is going to be involved in that process.
Legislator Fitzsimmons said he has a report and an invitation for all legislators and members of county staff and the public who are here tonight to attend the next Community Development and Natural Resources Committee. They are going to reconvene some of the players in economic development in the community and ask for a brainstorming session and an update from each of the players. It will be an update opportunity to discuss where we are going to be headed in the next few months. He said that we have also invited the environmental groups to come and join us that day. Legislator Thurston said that in committee it was discussed to help Corry determine exactly what the towns and villages need of her. He worked with Corry and came up with a questionnaire to take to the towns and villages. Legislator Hastings said that when these are given to the towns and villages, assure them that this is not going to cost them anything. Legislator Thurston said that is why we need to personally deliver these to the towns and villages. Chairman Franzese asked what is the time frame that we are looking for to receive these questionnaires back? Legislator Thurston said that we would like them by the end of April.
Legislator Hastings said that in Public Health it was interesting to see that they are encouraged to network with lots of areas to get into the marketplace and find the best possible services that we can afford. She said that this may mean for a county like Schuyler, a whole new world. She said that as Health Committee Chairman she has asked Mr. Swinnerton and Dr. Parker to attend our next meeting. She said that we do not want to lose the services we have. She does not think the block grant is going to be horrible thing. She thinks the block grant is going to tell New York State that we have spent twice as much as 48 states in mental health and public health. She said that we are going to have to live within these block grants. This means a lot more work for the minds of our department heads, because they are going to have to figure out where their priorities are. She noted that Mental Health is no longer going to shift their Medicaid dollars to Social Services. Their Medicaid dollars will have to come out of their block grants, so it is going to be difficult for them. One thing that is being encouraged in Mental Health is psycho-social clubs versus clinics. She also noted that they are looking at sharing services with other counties. She said we have to seriously look at what is happening.
UNFINISHED BUSINESS: Chairman Franzese said that there was some business from the Legislative Committee that could not be taken care of because of a lack of a quorum. She said that she needs a motion to authorize the Soil and Water Conservation to receive their annual payments from the county in two payments, rather than four. MOTION by Fitzsimmons to authorize Soil and Water to receive their payments in two payments, SECOND by Halpin. Motion carried eight ayes to zero noes. Chairman Franzese said that we need a motion to authorize to remove the personnel actions resolution from the regular meeting. MOTION by Halpin to remove the personnel actions from the agenda but the statistical information will be on at the end of the agenda, SECOND by Burnside. Motion carried eight ayes to zero noes.
NEW BUSINESS: Legislator Thurston said that he met with people that set up the grant for the internet while he was in Albany. He said that he actually went where they worked. He noted that we are developing our own home page to be able to put anything on there that we feel that public may want to read about the Legislature and other departments. He said that concerning the NYSAC Conference he learned a lot as a new legislator, but would like to see it extended a day to allow legislators the opportunity to go into Albany and see what departments do at the State level.
PUBLIC PARTICIPATION - 8:58 P.M.: Mr. Ryan said that domestic violence is the most dangerous situation for a sheriff to go into. He said that there are criminals that commit crimes in Schuyler County and are picked up in other states and heard they are not being brought back here because of lack of money to stand trial for the crime committed. Chairman Franzese said that we do send deputies out of state to pick up criminals that commit crimes in our county. She said that we never would allow anything like that to happen. She said that we would find the money from somewhere to fund this type of trip. Sue Brill thanked the legislators that supported filling the deputy commissioner's position in Social Services. She knows it was a difficult decision to make, but felt they made the right one. Public Participation ended at 9:07 p.m.
The meeting adjourned at 9:07 p.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
MARCH 11, 1996
The March 11, 1996 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 Young and followed by a Moment of Silence, in memory of Raymond Bailey, former Schuyler County Legislator. All Legislators were present. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: None.
PUBLIC PARTICIPATION - 6:33 P.M.: Tom Ryan on Introduction No. 15, County Manager Position, asked if there was a salary for this position? Legislator Halpin said that the salary range starts at $35,000 and goes to $50,000. Tom asked if this excludes a secretary? Legislator Halpin said that was just the County Manager's salary. Tom asked what the salary for the secretary was? Legislator Halpin said there is no salary set because we will be using the support staff that is presently in the Legislative Office. Tom asked if the County Manager position is subject to a referendum? Chairman Franzese said this authorizes the creation and next month there will be a local law enacted, which is subject to a public hearing. County Attorney Coleman said that depending on what is in the job description will determine if it is subject to referendum. Tom asked if this person will serve at the pleasure of the Legislature? County Attorney said that he/she can have the same term as the legislators. Legislator Hastings asked if it had to be the same term as the legislators? County Attorney Coleman said no, that it does not have to be that way. Legislator Hastings asked if the position must have a term? County Attorney Coleman said the position must have a term because he/she is a public officer. Casey Creamer on Introduction No. 5, Contract with Hunt Engineers, asked why are we contracting for these services? Why not just go out and buy a boiler? He said this is typical of government in general. Legislator Young said that a lot of things must be considered when putting a new boiler into an older building. Casey suggested getting the agency from where we are buying the boiler from to do the engineering. Legislator Young said that the boiler must be put out for bid, and therefore, need the specifications to do this. Legislator Compton asked why not put the engineering out for bid along with the boiler? Legislator Burnside does not feel comfortable putting out a bid without any specifications. Legislator Fitzsimmons said that when you have a separate engineer, we have an agent outside the company. Then we have a benefit for the county. We have to have that extra layer of protection. Tom Ryan asked if the County Manager must be a resident of the county? County Attorney Coleman said that he/she did, and they had 90 days to become a resident. He said that this is according to the draft local law, but it can be revised. John Vona asked if the Legislature was doing the interviewing for this position? Legislator Halpin said yes. Chairman Franzese said the actual process has not been discussed in depth. Pat Hagadorn suggested putting an engineer on staff instead of having to contract for these services. Legislator Hastings asked if one engineer can do all types of engineering? Pat Hagadorn said they used to specialize, but now they are doing it all. Tom Ryan on Introduction No. 27, County Manager Coalition, asked if there was any financial assistance along with this? Legislator Halpin said the coalition was willing to put some money towards it. Mike Myers asked if this was a spin off from another group? Legislator Halpin said that it is representative of many groups. Max Neal said that it is a group of many different areas from Schuyler County. John Vona asked if all the people on the coalition were Schuyler County residents? Max said about 95%. John said there is a difference between most and all. He is not against a County Manager, but just wants to know about it. Legislator Hastings said the red books that were passed out by the coalition are not law, there are things in that book that by law cannot be done by the Manager. This needs to be stressed. Tom Ryan asked if a sitting legislator could become the County Manager? County Attorney Coleman said that he has not thought about that, but thinks the local law says they will not hold any other office. Public Participation ended at 7:09 p.m.
PRESENTATION - GEORGE WAGNER AND ED CARNEY - WESTERN REGIONAL OFF TRACK BETTING CORPORATION - 7:09 P.M.: George Wagner said that he is the comptroller of the Western Region OTB. He explained, by law, what a public benefit corporation is. He went over the financial statistics for Schuyler County's parlor. He said the first couple of months in 1996 have drastically gone down. He thinks this is because two parlors have opened in Cortland County. He went on to give a breakdown of monies that Schuyler County has received since the parlor became a member of OTB. Chairman Franzese asked what is our profit over last year? George said it is up over 73%. Legislator Thurston asked when did Quick Draw start? Ed Carney said it started on October 5 for OTB. Legislator Thurston asked if this is taking away any handle bets? Mr. Carney said no, people are doing both.
RESOLUTION NO. 81 Motion by Burnside, Second by Young.
RE: APPROVE MINUTES OF THE FEBRUARY 14, 1996 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the February 14, 1996 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 82 Motion by Fitzsimmons, Second by Young.
RE: AMEND AGREEMENT WITH CHEMUNG COUNTY FOR EISEP - OFFICE FOR THE AGING
WHEREAS, the Office for the Aging contracts with Chemung County for EISEP services, and
WHEREAS, the need for these services has risen and there is more available funding from New York State, and
WHEREAS, Chemung County has agreed to the increase in clients in Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be authorized to sign an amendment to the agreement with Chemung County for EISEP services, subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Office for the Aging 1996 budget be adjusted as follows:
+$10,882 to account no. 6772.490
+$10,882 to revenue account no. 6772-3772
VOTE: Passed 8-0.
RESOLUTION NO. 83 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZATION FOR CHAIRMAN TO SIGN USE AND DISSEMINATION AGREEMENT ON NYSPIN SYSTEM - PROBATION
WHEREAS, the Schuyler County Probation Department has had a NYSPIN System in operation since 1990 pursuant to a contract between the County and New York State, and
WHEREAS, the department has now been notified that it is necessary to execute a new Use and Dissemination Agreement with the New York State Division of Criminal Justice Services.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign the aforementioned Use and Dissemination Agreement and forward them to the New York State Division of Criminal Justice Services, subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 84 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE MAINTENANCE AGREEMENT FOR GENERATORS - EMERGENCY SERVICES
WHEREAS, the Office of Emergency Services has two generators (one for the radio tower site and one for the Emergency Operations Center) to keep the emergency radio communications system functional, and
WHEREAS, the radio tower site's maintenance agreement has expired; the Emergency Operations Center's warranty has expired and it has been determined to be more cost effective to have maintenance agreements on these generators.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into a maintenance contract with RONCO to provide maintenance, service and extended warranty for each generator for a period of four years at a cost of $704.00 per year per generator; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 85 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE CREATION AND FILLING OF LABORER POSITION - HIGHWAY
WHEREAS, there is an employee out on compensation in the Highway Department and the department needs to fulfill labor hours for state aid purposes, and
WHEREAS, the Civil Service Commission has reviewed the duties statement presented and titled the same as Laborer, and
WHEREAS, funding for this position is available in the 1996 Highway budget account no. D5110.100, and
WHEREAS, the Public Works Committee recommends the creation and filling of the position of Laborer in the Highway Department.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approve the creation of the position of Laborer in the Highway Department at an hourly rate of $9.14 and authorize the County Highway Superintendent to fill said position for 40 hours per week.
VOTE: Passed 8-0.
RESOLUTION NO. 86 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE CONTRACT WITH HUNT ENGINEERS - BUILDINGS AND GROUNDS DEPARTMENT
WHEREAS, the 1952 Office Building is in need of a new boiler, and
WHEREAS, Hunt Engineers has agreed to provide engineering services for this project in an amount not to exceed $4,500.00, and
WHEREAS, payment for engineering services is to be made from Buildings and Grounds 1620 account temporarily until bids for the project are received and accepted and final funding will be completed at that time.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, that the Schuyler County Legislature does hereby authorize the Chairman of the Legislature to sign the aforementioned contract, subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 87 Motion by Fitzsimmons, Second by Young.
RE: CREATE AND FILL PART-TIME MAINTENANCE MECHANIC POSITION - BUILDINGS AND GROUNDS DEPARTMENT
BE IT RESOLVED, that the Schuyler County Legislature approve the creation and filling of a maintenance mechanic position in the Buildings and Grounds Department at an annual salary of $18,195 as budgeted for in the department's 1996 budget, and
BE IT FURTHER RESOLVED, that upon filling the aforementioned position that Dominic Primerano, maintenance mechanic, at his own request, shall be reduced from 40 to 20 hours per week at an hourly rate of $8.8826.
VOTE: Passed 8-0.
RESOLUTION NO. 88 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE AGREEMENT WITH BC & S ASSOCIATES, INC. - LEGISLATURE
WHEREAS, the current agreement with BC & S Associates, Inc. expires March 31, 1996, and
WHEREAS, the county is required by union contract to provide the Best Flex Plan services as provided by BC & S Associates, Inc., and
WHEREAS, the term of the new agreement has changed to be open-ended with a 30-day written notice clause which requires legislative approval.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement with BC & S Associates, Inc. for Best Flex Plan services for the period commencing April 1, 1996 and terminating upon 30-days written notice at the same cost as last year's agreement ($3.50 per month per participating employee and $25.00 per month administrative fee); subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 89 Motion by Fitzsimmons, Second by Young.
RE: APPOINT APPEALS COMMITTEE RELATIVE TO MANAGEMENT/CONFIDENTIAL SALARY PLAN
BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Appeals Committee, pursuant to the provisions of the Management/Confidential Salary Plan, for the term commencing January 1, 1996 through December 31, 1997, to wit:
Doris Craig, Personnel Director
Angeline Franzese, Chairman of Legislature
Chairman of Appropriate Committee for Appeal
Barbara Halpin, Chairman of Management & Finance Comm.
Philip Barnes, Management Representative
VOTE: Passed 7-1. (Name of No: Hastings)
RESOLUTION NO. 90 Motion by Fitzsimmons, Second by Young.
RE: ADOPT SCHUYLER COUNTY DRUG AND ALCOHOL TESTING POLICY
WHEREAS, the Federal Highway Administration (FHWA) has adopted and published regulations at 49 CFR Part 382, entitled "Controlled Substances and Alcohol Use and Testing" which apply to all safety sensitive employees holding CDLs and regularly required to operate covered vehicles, and
WHEREAS, the U.S. Department of Transportation has promulgated regulations at 49 CFR Part 40, entitled "Procedures for Transportation Work Place Drug and Alcohol Testing Programs" setting standards for the collection and testing of urine specimens and the administration of breath alcohol tests.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby adopt the attached policy which shall become part of the Schuyler County Policies and Procedures, and
BE IT FURTHER RESOLVED, the policy is to be implemented immediately with the required training, education and distribution of copies of this policy to all employees covered. (Attached Policy on File).
VOTE: Passed 8-0.
RESOLUTION NO. 91 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE BIDS FOR ABSTRACTING SERVICES FOR 1996 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 1996 tax auction properties, and
BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 p.m. on March 29, 1996 by the Clerk of the Legislature, 105 Ninth Street, Watkins Glen, NY. Bids are to be opened and considered at the Management & Finance Committee meeting at 9:00 a.m. on April 1, 1996, at which time recommendation for Legislative action will be made; acceptance or rejection of bids to be made at the April 8, 1996 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. 92 Motion by Fitzsimmons, Second by Young.
RE: SET DATE/AUTHORIZE CONTRACT - 1996 TAX SALE AUCTION
WHEREAS, the Treasurer's Office has been in contact with Matson Auction and Real Estate to handle the 1996 Tax Sale Auction, and
WHEREAS, Matson Auction and Real Estate has offered to conduct the auction at the same rate (6% commission) as in the past.
NOW, THEREFORE, BE IT RESOLVED, that the 1996 Tax Sale Auction be scheduled for September 21, 1996 at 10:00 a.m. in the Rural Urban Center, 208 Broadway, Montour Falls, NY, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement with Matson Auction and Real Estate for auctioneer services for the 1996 Tax Sale Auction; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 93 Motion by Fitzsimmons, Second by Young.
RE: AMEND RESOLUTION NO. 80-96/APPROVE APPLICATION FOR REFUND OF TAXES - ANDREWS - TOWN OF TYRONE - 1995
WHEREAS, Resolution No. 80-96, which approved the application for a refund of taxes for Andrews in the Town of Tyrone, had erroneous refund sums.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 80-96 be amended to authorize the County Treasurer to refund the sum of $719.53 (County $275.49, Town $84.62, Hammondsport School $299.54, Fire $24.80, installment fee $14.11 and interest $20.97) to the applicant and charge back the appropriate amounts to the school and town.
VOTE: Passed 8-0.
RESOLUTION NO. 94 Motion by Burnside, Second by Young.
RE: INCREASE OF HOURS FOR REGISTERED PROFESSIONAL NURSE - MENTAL HEALTH
WHEREAS, there is a need for additional staffing in the Mental Health Department, and
WHEREAS, the current part-time staff in the department has expressed willingness to increase her time from 28 to 35 hours per week, and
WHEREAS, funds are available in the personal services account to encompass the additional 7 hours per week.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the increase in hours of one Registered Professional Nurse position in the Mental Health Department from 28 to 35 hours per week, effective immediately.
DISCUSSION: Legislator Halpin said that she will be voting no on this resolution. She realizes that Duane is not filling a position and that is very commendable, however, she realizes that it looks more and more like federal government is not going to pass a budget this year, which means that the State is not going to see the increase in Medicaid statements that they had hoped to see this year. She said the State still has a $4 billion deficit they have to deal with. She said this means just one thing to her, that in order to cover everything we are going to be seeing fewer dollars. She said it would be best to wait and see where we are in state funding. She feels that the department could live without the increase in hours. Legislator Fitzsimmons explained that this department had a senior social worker transfer to Tompkins County and they will not be filling this position, but would like to increase the hours of another position. Legislator Hastings said they do not want to fill a vacancy, but they still need to perform the services. She feels that a seven hour per week increase is a reasonable request.
VOTE: Passed 6-2. (Names of Noes: Compton, Halpin)
RESOLUTION NO. 95 Motion by Burnside, Second by Young.
RE: RESOLUTION IN SUPPORT OF SCHUYLER HOSPITAL
WHEREAS, the State has moved towards health care in the homes and doctors' offices and away from the hospitals, and
WHEREAS, this shift will hit small rural hospitals the hardest, and
WHEREAS, life will change for all of us as far as the type of medical care our citizens in Schuyler County will receive, and
WHEREAS, the Schuyler County Health Services Committee is trying to network within the county in preparation for the new State grant system in health care.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby support the preservation of Schuyler Hospital, Inc. in order that its citizens receive the health care services needed, and
BE IT FURTHER RESOLVED, that the Health Services Committee of the Legislature sponsor a forum to inventory our needs in Schuyler County on the issues of health care, primary care, pre-hospitalization care, home care, school health care, employee health care, long-term and hospital care on March 22 at 9:00 a.m. in the Rural Urban Center Auditorium.
VOTE: Passed 8-0.
RESOLUTION NO. 96 Motion by Burnside, Second by Young.
RE: AUTHORIZE CREATION OF THE POSITION OF COUNTY MANAGER FOR SCHUYLER COUNTY
WHEREAS, the Schuyler County Legislature supported the creation of the County Manager position per Resolution No. 346-95, and
WHEREAS, the funding for this position is available in the 1996 County budget in account no. 1230.100, and
WHEREAS, the Civil Service Commission has reviewed the duties statement presented and has titled the position County Manager.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby approves the creation of the position of County Manager for Schuyler County ,and
BE IT FURTHER RESOLVED, that the position shall not be filled until enactment of the required local law, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature requests the Civil Service Commission to classify the position as exempt.
VOTE: Passed 5-3. (Names of Noes: Young, Compton, Franzese)
RESOLUTION NO. 97 Motion by Burnside, Second by Young.
RE: ADDITION TO POLICIES AND PROCEDURES REGARDING SEPARATION FROM EMPLOYMENT
BE IT RESOLVED, that the Schuyler County Policies and Procedures shall be amended by the addition of the following policy on the process to be followed upon resignation and termination:
RESIGNATION AND TERMINATION PROCEDURE
Employees leaving Schuyler County positions are to submit a letter of resignation stating the last day of employment to their Department Head. Employees are expected to give at least two weeks advance notice; when possible, earlier notice will be helpful and appreciated. Upon receiving notice the Department Head is to complete an MSD426A form, attach the original letter of resignation to it and submit it to the Civil Service/Personnel Office.
An exit interview will be scheduled with the Personnel Department, at which time the employee's COBRA rights to continue health insurance will be explained. At that interview the employee is to return the County photo ID badge, parking permit and all keys issued to the employee by the County.
The effective date of termination on the personnel change form (MSD426A) is to be the employee's last actual day of continuous employment. That date is not to be moved back to allow for accrued leave. The only benefits paid after separation from county employment are compensation for unused, accumulated vacation time and compensatory time, where applicable. The number of hours to be paid upon separation is to be stated under "Remarks" on the MSD426A. However, the date of termination is not to be extended to reflect the amount of time for which the employee is to be compensated.
DISCUSSION: Legislator Hastings asked if there could be a form to fill out instead of the employee having to do a letter of resignation? Doris Craig said no, Civil Service Law requires a letter of resignation.
VOTE: Passed 8-0.
RESOLUTION NO. 98 Motion by Hastings, Second by Thurston.
RE: AUTHORIZE TRANSFER OF FUNDS - BUILDINGS AND GROUNDS DEPARTMENT
WHEREAS, the initial start-up of the Mobile Work Crew program required that the Crew Supervisor meet with various Town and Village officials to review potential projects and present the Work Crew program at Town and Village Board Meetings outside regular work hours, and
WHEREAS, the ongoing operation of the Mobile Work Crew made it impossible for the Crew Supervisor to "flex" his hours to avoid overtime expenses.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $300.00 from Buildings and Grounds account no. 1620.101 to Mobile Work Crew account no. 1621.101.
VOTE: Passed 8-0.
RESOLUTION NO. 99 Motion by Hastings, Second by Thurston.
RE: APPOINTMENTS - EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE
BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Emergency Medical and Highway Safety Committee for the terms ending:
Michael Maloney December 31, 1997
Richard Churches December 31, 1998
Nicholas Dugo December 31, 1996
John Barton December 31, 1996
Charles Richards December 31, 1997
William Kennedy December 31, 1997
Dr. Titus Parker December 31, 1996
William Randolph December 31, 1998
Ptl. Richard Pierce December 31, 1998
Robert Burnside December 31, 1997
Angeline Franzese December 31, 1997
John Shimonsky December 31, 1996
Michael Wood December 31, 1998
Shirley Churches December 31, 1996
Gerald Fowler December 31, 1998
VOTE: Passed 8-0.
RESOLUTION NO. 100 Motion by Hastings, Second by Thurston.
RE: ONE-YEAR APPOINTMENTS
BE IT RESOLVED, that this Legislature approve the following appointments of the following individuals for the term January 1, 1996 to December 31, 1996:
SCHUYLER COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL
Mark Martin Village of Burdett
Mary German Village of Odessa
Charles Franzese, Chairman Town of Dix
Bruce Adams Town of Hector
Tom Carson Town of Montour
Robert Horton Town of Orange
Phil Miller, Vice Chairman Town of Tyrone
James Howell Ex-Officio
Irene Brown At Large
Amelia Cornish At Large
Ruth Young
James Murphy At Large
Michelle LaDue-Benjamin At Large
Tom Brace Ex-Officio
Barbara Halpin Legislator
Robert Fitzsimmons Legislator
SCHUYLER COUNTY PLANNING COMMISSION
Linn Henry, Chairman Town of Hector
William Newell, Vice Chairman Tourism
John Barton Town of Catharine
Sam Fazzary Village of Watkins Glen
Kay Anderson Town of Reading
Steve Kenyon Village of Montour Falls
Marion Boyce Town of Dix
Floyd Seeley Village of Odessa
George Ferri Town of Orange
Robert Chadeayne Town of Tyrone
Hazel Shader Farming
Barbara Chapman Medical
Annette Martin Business
Thomas Brace Ex-Officio
John Shimonsky Ex-Officio
Dale Walters Village of Burdett
VOTE: Passed 8-0.
RESOLUTION NO. 101 Motion by Hastings, Second by Thurston.
RE: APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD
BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Schuyler County Youth Board:
Ronald Alexander Probation Department
Anne Balch Social Services Dept.
Philip Barnes Sheriff's Department
Donald Dryden Watkins Glen School District
Mike Johnston Odessa-Montour Central School
Kathryn Doolittle 1 year
Del Bleiler 1 year
Lloyd Prosperi 1 year
Elaine Dalrymple 2 years
Laura Merrill 2 years
Audrey Kerber 2 years
Susan Barnes 3 years
Rev. Richard Mastin 3 years
Sherral Clinch 3 years
STUDENT MEMBERS
MyAnna Bellows Odessa School District
Logan McKittrick
Coveney Fitzsimmons Watkins Glen School District
Mike Beber
Dan Bond
VOTE: Passed 8-0.
RESOLUTION NO. 102 Motion by Hastings, Second by Thurston.
RE: APPOINTMENTS - AGRICULTURE & FARMLAND PROTECTION BOARD
BE IT RESOLVED, that this Legislature approve the appointment of the following individuals to the Agriculture & Farmland Protection Board for the terms ending as follows:
Steve Bond December 31, 1999
Roy Miller December 31, 1999
David Bower December 31, 1996
Wendell Learn December 31, 1997
Hazel Shader December 31, 1996
Ben Dickens December 31, 1997
Sidney B. Compton December 31, 1997
VOTE: Passed 8-0.
RESOLUTION NO. 103 Motion by Hastings, Second by Thurston.
RE: TWO-YEAR APPOINTMENTS
BE IT RESOLVED, that this Legislature approve the following appointments of the following individuals for the term January 1, 1996 to December 31, 1997:
FISH & WILDLIFE MANAGEMENT BOARD
Terence M. Vallely, Sportsman
FOREST PRACTICE BOARD
Ernest E. Thurston, Legislator
David Tetz, Forester
William P. Fagnan, Forest Landowner
QUEEN CATHARINE STEERING COMMITTEE
Patricia L. Hastings, Legislator
VOTE: Passed 8-0.
RESOLUTION NO. 104 Motion by Hastings, Second by Thurston.
RE: AUTHORIZE COOPERATIVE AND OPERATION AND MAINTENANCE AGREEMENT FOR EXIGENCY MEASURES WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
WHEREAS, under the provision of the Title IV of the Agricultural Credit Act of 1978, Public Law 94-334, the county can enter into an agreement and agree to a plan with the Natural Resources Conservation Service (NRCS) which provides for restoration of certain works, and
WHEREAS, the proposed work consists, among other things, of channel reconstruction and streambank sloping on Hooker Creek at the Rt. 14 bridge at an estimated cost of $15,000, and
WHEREAS, NRCS will provide 75% of the construction cost of the project as well as technical services, contract preparation, designs and final inspection of the completed work, and
WHEREAS, Schuyler County will be responsible for 25% of the construction cost through cash or in-kind services at an estimated cost of $3,750, which the Highway Superintendent has determined can be provided in the form of heavy stone within budget.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to enter into a Cooperative and Operation and Maintenance Agreement with the United States Department of Agriculture Natural Resources Conservation Service for exigency measures on Hooker Creek at the inlet of Schuyler County Rt. 14 bridge as described above; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 105 Motion by Hastings, Second by Thurston.
RE: AUTHORIZE SOLICITATION OF REQUESTS FOR PROPOSALS FOR HEALTH INSURANCE FOR SCHUYLER COUNTY EMPLOYEES
WHEREAS, representatives of the employee unions and the Legislators have discussed the advantages of determining if there are other health insurance programs available which would provide satisfactory coverage at a more reasonable cost, and
WHEREAS, a committee has been formed by CSEA to study our health insurance options together with the Legislature, and
WHEREAS, information needs to be obtained for a timely decision to be made concerning health insurance coverage during the upcoming union contract negotiations.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does approve the Chairman of the Legislator to seek proposals for the provision of health insurance coverage for the employees and to advertise for proposals as deemed appropriate, and
BE IT FURTHER RESOLVED, that the submission of proposals will be required to be submitted to the Clerk of the Legislature by Friday, June 28, 1996.
VOTE: Passed 8-0.
RESOLUTION NO. 106 Motion by Young, Second by Burnside.
RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED TAX ROLL - TOWN OF CATHARINE, TAX MAP # 88.13-1-95, SYDNEY PLACE APARTMENTS
WHEREAS, an application for corrected tax roll was received on November 2, 1995, for correction of the school tax roll, and the application was approved by the County Director of Real Property Tax Service and forwarded to the Odessa-Montour School District for action. The School District failed to take action, and return school taxes were posted to the Town and County bill. Sydney Place Apartments have again made application for correction of the tax roll due to a clerical error, RPT Law Section 550 2(b), computation of partial exemption.
WHEREAS, it is the recommendation of the Real Property Tax Service Director and the Management and Finance Committee that said application be approved based upon determination of findings.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute approval of said application, authorizing the reduction to the warrant of the returned school tax to the Town of Catharine for Odessa-Montour Central School (Tax Map # 88.13-1-95), in the amount of $9565.59 (O.M.C.S. $9376.51, Library $189.08), and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to Odessa-Montour Central School.
VOTE: Passed 8-0.
RESOLUTION NO. 107 Motion by Young, Second by Burnside.
RE: AUTHORIZE RENTAL SERVICE AGREEMENT - HIGHWAY DEPARTMENT
WHEREAS, the Purchasing Agent researched uniform rental outfits for a more cost effective furnishing of uniforms for the Highway Department.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign a three-year term rental service agreement in the approximate amount of $3300 per year with Schapiro's Uniform Rental for weekly garment service for the Schuyler County Highway Department, there being monies in the 1996 highway budget for the same; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 108 Motion by Young, Second by Burnside.
RE: RESOLUTION OF ACKNOWLEDGMENT - COUNTY MANAGER COALITION
WHEREAS, the business community within Schuyler County has formed a Coalition for County Manager of Schuyler County, and
WHEREAS, the Coalition has developed a Premise and offered to provide assistance to the County in its implementation of a County Manager's position.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the Premise for the County Manager Coalition and accept the Coalition's offer for assistance in the County's endeavor of creating a County Manager's position for Schuyler County.
DISCUSSION: Legislator Compton said that it would be nice to know if this coalition is comprised of all Schuyler County residents. He will be voting no on this until we know for sure. Legislator Young said that he will agree that a presentation has been made, but will be voting no on this resolution. Legislator Fitzsimmons said that he was not present at the presentation, but read the document. He feels we should welcome ideas from all people and issue thanks for the people who are willing to do this. Legislator Hastings asked what the Legislature's intention was to meet with this group? Is there any kind of forthcoming meeting? Legislator Halpin said the Management and Finance Committee will be discussing this issue at their March 25th meeting.
VOTE: Passed 6-2. (Names of Noes: Young, Compton)
REPORT ON STANDING COMMITTEES: Legislator Burnside said there was concern raised about security for the Montour House and the Sheriff has written to the contractors that there will be a patrol driving by and checking the building.
Legislator Halpin said the original timeline for the County Manager was a local law to be presented in April. She said in order to do this after the March 25th Management and Finance Committee meeting there needs to be a recommendation to leave the job description the way it is or if we are going to change it, a special meeting. Chairman Franzese set a Special Meeting of the Legislative Committee for March 27, 1996 at 3:00 p.m., only if the job description has been changed.
Legislator Young said the leaky portion of the boiler has been cut out and should hold until the a new one can be put in.
Legislator Fitzsimmons said that his committee met on February 20th with local members involved with economic and environmental development. He heard some great reports from everyone. He said at the March meeting his committee will be meeting with the farming community to promote ideas for farming interests. Also, to get the Chamber of Commerce to promote the selling of grapejuice in our local restaurants.
Legislator Hastings said there is a meeting on March 22, 1996 at 9:00 a.m. at the Rural Urban Center to get together and try to network ideas for healthcare.
UNFINISHED BUSINESS: None.
NEW BUSINESS: None.
PUBLIC PARTICIPATION: None.
The meeting adjourned at 8:25 p.m.
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
APRIL 8, 1996
The April 8, 1996 Regular Meeting of the Schuyler County Legislature was called to order by Acting Chairman Fitzsimmons at 6:30 p.m. The Pledge of Allegiance was led by Legislator Burnside and followed by a Moment of Quiet Reflection. All Legislators were present except for Legislators Compton and Franzese, who were excused. County Attorney Coleman was also present.
MOTION by Thurston to Suspend the Rules to allow additional resolutions onto the agenda, SECOND by Young. Motion carried six ayes to zero noes.
PUBLIC PARTICIPATION - 6:32 P.M.: Hazel Shader said it seems to her that between Washington and local government, local laws mean more money to taxpayers. She said that the legislators are at the bottom of the totem pole and should not be adding any additional taxes. She feels that by adding a manager, we will be duplicating services. She feels that by having a manager, the tax levy would be increased by 2%. She said that last fall the legislators worked hard for a tax decrease and to get more welfare recipients to work. There are jobs for welfare recipients and they should be put to work. She suggests getting together with Yates and Steuben Counties and draft a resolution that if someone is admitted to long-term care, their originating county should pay the bill. She feels the money in the budget for the manager should be put to use for road repairs. She feels the Legislature should wait for another year before hiring a manager. Lory Peck said that the county has been putting the manager's position off for several years. He said the county runs a multi-million dollar business and this business needs an executive director of some sort. He feels that it is not the job of the Legislature to deal with day to day activities. He feels the county needs a manager to allow department heads to do their jobs without micro-managing. He said that welfare people are working and the welfare rolls are down. He feels the state should take over the county share of the Medicaid bill. Casey Creamer asked if there is alternative option for hiring the manager at the pleasure of the Legislature? County Attorney Coleman said that after this person's initial appointment, the position falls under Civil Services Laws. This only means that the Legislature is the appointing authority. Tom Ryan said that he is against the county manager's position and feels that this is the reason for legislators. He feels the manager's position should be put on the ballot for a public vote. Fred Depew said that 5% of farms will be out of business by the end of the year and a 2% increase for farmers is quite a bit. He feels they are being penalized for being farmers. He feels they are again being penalized if a county manager is hired. He would like to see this issue come up for public referendum and would also like to see a consumer tax instead of a property tax. Lory Peck on Introduction No. 43 asked what is Hexagon? Nancy Peters, Treasurer, explained that this is connected with Marine Midland Bank, whereas she can check accounts and transfer money from her computer terminal. Lory Peck thinks the home page for Schuyler County is a great idea. He feels that we will find benefits that have not been thought of. He highly encourages the moving forward of this idea. Tom Ryan asked if the backup disks for our computer systems are stored outside the county building? Gail Willis, Clerk, said that she is not sure, but will check into this for him. Hazel Shader asked if more land will have to be bought if the Fire Department moves? Acting Chairman Fitzsimmons hopes this will not have to be done, but it is being looked at. He said there is still an option for moving the entire Highway Department, but circumstances have not allowed us to do this as of yet. Fred Depew asked if the manager's position could be put into an exempt position if it were contracted out? County Attorney Coleman said this will not be a contracted position. Fred Depew asked if it could be? County Attorney said that he is not for certain it could be. He said this position falls under public officers law and contracted positions will never fall into this category. Public Participation ended at 7:03 p.m.
RESOLUTION NO. 109 Motion by Young, Second by Burnside.
RE: APPROVE MINUTES OF THE MARCH 11, 1996 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the March 11, 1996 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 6-0.
RESOLUTION NO. 110 Motion by Thurston, Second by Young.
RE: AUTHORIZE NEW YORK STATE DIVISION FOR YOUTH (DFY) AGREEMENTS FOR 1996
WHEREAS, County Youth Bureaus were created to administer contracts for youth programs within their respective County, and
WHEREAS, the Schuyler County Youth Bureau has an approved DFY Comprehensive Plan for Youth Services and an approved Resource Allocation Plan, and
WHEREAS, Schuyler County requires all such contracts to have an agreement with the County as approved by the County Attorney.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign the following agreements:
Schuyler Hospital, Inc.
American Red Cross of Chemung/Schuyler Counties
Cornell Cooperative Extension/Schuyler County
CASA of Chemung/Schuyler Counties
Neighborhood Justice Project of the Southern Tier, Inc.
Literacy Volunteers of the Central Southern Tier
Watkins Glen Youth Center, Inc. (Royce-Haight Endowment)
subject to approval by the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the insurance requirement be waived for Watkins Glen Youth Center, Inc.
VOTE: Passed 6-0.
RESOLUTION NO. 111 Motion by Thurston, Second by Young.
RE: AUTHORIZE AGREEMENT FOR PARENTING SKILLS WORKSHOP - SOCIAL SERVICES
WHEREAS, Schuyler County Department of Social Services is required to provide parent education services, as a mandated core service, for clients eligible under preventive services guidelines, and
WHEREAS, frequently, as a result of Article 10, Child Abuse and Neglect Proceedings in Family Court, parent education services are court orders, and
WHEREAS, Schuyler County DSS, since 1/1/96, has no contract in place for parent education services.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement between Schuyler County Department of Social Services and Cornell Cooperative Extension of Schuyler County for the provision of one (1) series of Parenting Skills Workshop Sessions in 1996 at a cost of $2,829 from funds budgeted for this purpose; subject to approval by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 112 Motion by Thurston, Second by Young.
RE: AUTHORIZE CHANGE ORDER MC-1 - CONTRACT WITH HMI MECHANICAL CONTRACTOR
WHEREAS, the mechanical contractors, HMI Mechanical Contractor presented a proposal letter dated 02/08/96 regarding the relocation of the existing AC ceiling grille at the Office for the Aging, and
WHEREAS, on 3/18/96 the Public Works Committee reviewed the Change Order in reference to the contract with HMI Mechanical Contractors, as follows:
Contract sum prior to this Change Order $ 17,690.00
Contract sum will be increased by $ 90.00
New Contract sum will be $ 17,780.00.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, that the Schuyler County Legislature does hereby authorize the Chairman of the Legislature to sign Change Order MC-1, upon approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 113 Motion by Thurston, Second by Young.
RE: AUTHORIZE CHANGE ORDER GC-2 - CONTRACT WITH KEUKA CONSTRUCTION
WHEREAS, the general contractors, Keuka Construction presented a proposal letter dated 03/05/96 regarding credit for an uneven sight line at both window walls and changing the new door hardware finish amounts at the Office for the Aging and the Rural Urban Center, and
WHEREAS, on 3/18/96 the Public Works Committee reviewed the Change Order in reference to the contract with Keuka Construction Corp., as follows:
Contract sum prior to this Change Order $ 99,350.00
Net change by previous Change Orders $ 2,489.00
Contract sum will be decreased by $(-) 895.00
New Contract sum will be $100,944.00
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, that the Schuyler County Legislature does hereby authorize the Chairman of the Legislature to sign Change Order GC-2, upon approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 114 Motion by Thurston, Second by Young.
RE: AUTHORIZE CONTRACT WITH DeMUTH ELECTRIC, INC. FOR FIRE ALARM SYSTEM INSTALLATION
WHEREAS, there are monies budgeted in the Capital account for purchase and installation of a fire alarm system for the 1952 office building, and
WHEREAS, the fire alarm system equipment has been purchased and DeMuth Electric, Inc. has submitted the lowest quote for installation of the same.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with DeMuth Electric, Inc. for the installation of the fire alarm system equipment in the 1952 office building at a cost of $14,780, there being monies in the capital project account; subject to approval by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 115 Motion by Thurston, Second by Young.
RE: AMEND RESOLUTION NO. 87-96 REGARDING MAINTENANCE MECHANIC POSITION - BUILDINGS AND GROUNDS DEPARTMENT
WHEREAS, Resolution No. 87-96 authorized the creation and filling of a part-time Maintenance Mechanic position in the Buildings and Grounds Department, and
WHEREAS, the number of hours and hourly rate referenced in the resolution were erroneous.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 87-96 be amended so that the reduction in hours of Dominic Primerano be from 40 to 20 hours per week at an hourly rate of $8.8826.
VOTE: Passed 6-0.
RESOLUTION NO. 116 Motion by Thurston, Second by Young.
RE: AUTHORIZE OUT OF STATE TRAVEL - D.A.R.E PROGRAM
WHEREAS, the course for the D.A.R.E. instruction adult component is not being offered in New York State this year, and
WHEREAS, it is the intent of the Schuyler County Sheriff's Department to have a program for the education of adults on the D.A.R.E. program and on the drug abuse problem in the community.
NOW, THEREFORE, BE IT RESOLVED, that Deputy Michael Ruocco be authorized to travel to the State of Virginia from 3/28/96 - 3/31/96 for the purpose of this D.A.R.E. instruction, and
BE IT FURTHER RESOLVED, that the cost of this travel be borne by funds allocated by the community for the D.A.R.E. program.
VOTE: Passed 6-0.
RESOLUTION NO. 117 Motion by Thurston, Second by Young.
RE: AUTHORIZE CREATION AND FILLING OF TEMPORARY INTERN POSITION IN THE PLANNING DEPARTMENT
WHEREAS, due to the pending temporary leave of the Director of Planning and Community Development, there is a need for a temporary intern position, and
WHEREAS, the funding for this position is available in the 1996 County budget in account no. 8020.100, and
WHEREAS, the Civil Service Commission will review the duties statement on March 21, 1996.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation and filling of the position of Planning Intern in the Planning and Community Development Department at an hourly salary of $10.00 for 35 hours per week for a period not to exceed three months.
VOTE: Passed 6-0.
RESOLUTION NO. 118 Motion by Thurston, Second by Young.
RE: PROCLAIM APRIL 21-27, 1996 AS SCHUYLER COUNTY NATIONAL GRANGE WEEK
WHEREAS, the Grange continues to be a leader in agriculture, community and family affairs within Schuyler County, and
WHEREAS, the Grange provides the opportunity for individual expression and personal growth, and
WHEREAS, the Grange emphasizes the involvement of people in the legislative process, and
WHEREAS, the Grange's current theme: "Grange Window of Opportunity for Families," brings into focus the value of the family and our commitment to their well-being, and
WHEREAS, the Schuyler County Legislature wishes to emphasize the importance of our farm industry and our farm families in Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize April 21-27, 1996 as National Grange Week and declares April 21-27, 1996 as Schuyler County Grange Week and encourages our citizens to participate in visiting one of their local open houses on April 27, 1996.
VOTE: Passed 6-0.
RESOLUTION NO. 119 Motion by Hastings, Second by Thurston.
RE: AUTHORIZE CONTRACT WITH DR. THERESA A. SPAULDING FOR WELL CHILD CLINIC SERVICES
WHEREAS, the Public Health Office may contract with Dr. Theresa A. Spaulding for her services at Well Child Clinics to have a back-up for the regular Well Child Clinic physician.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement with Dr. Theresa A. Spaulding for her services at Well Child Clinics at the rate of fifty-five dollars per hour ($55.00/hour) from May 1, 1996 through December 31, 1997, subject to the approval by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 120 Motion by Hastings, Second by Thurston.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/96 - 6/30/97
WHEREAS, Schuyler County must provide transportation to preschool children with disabilities.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Public Health Office is authorized to advertise for bids for the transportation of preschool children with disabilities from 7/1/96 through 6/30/97, and
BE IT FURTHER RESOLVED, that bids are to be marked "Sealed Bid" and received by the Clerk of the Legislature at the Courthouse, 105 Ninth Street, Watkins Glen, New York, 14891, not later than 5:00 p.m. on Thursday, May 23, 1996. The bids will be opened at the Health Services Committee meeting Friday, May 24, 1996, at 9:30 a.m., at which time recommendation for legislative action will be made; acceptance or rejection of bids will be done at the June 10, 1996 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 6-0.
RESOLUTION NO. 121 Motion by Hastings, Second by Thurston.
RE: CREATE STAFF PSYCHIATRIST - PART-TIME POSITION - MENTAL HEALTH
WHEREAS, it is necessary to create another position to fill the available psychiatric hours which are necessary and essential to the operation of the Clinic, and
WHEREAS, Resolution No. 490-95 previously authorized the contract for these services.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the creation of a Staff Psychiatrist - Part-Time position as approved by the Civil Service Commission at a rate of $70.00 per hour.
DISCUSSION: Legislator Halpin said that she questioned the way this resolution was written. She said that Duane Spilde said that this resolution does not state what they actually want. She said that we are not creating a position, we are contracting for a position. She said that Doris Craig, Personnel Director, was not inclined to change this resolution. She said the difference with this is that a person that is using our facilities, regardless if they are contracted for, fall under Civil Service. Legislator Hastings said that if Legislator Halpin feels this strongly then the Management and Finance Committee should handle the situation for future situations, but this resolution should be passed. Duane Spilde said that he debated with Civil Service a long time concerning this issue and he agrees with Legislator Halpin. Legislator Halpin said that the Finance Committee did have a problem with this and told her to go to Civil Service, but she has not been able to clarify it as of yet. Duane Spilde said there is no more hours added and no more money being spent, just more people to choose from; this is not creating a position. Legislator Hastings said that if Civil Service refuses to change this, then we need to get it straightened out. We should not change this resolution, pass it as is, then clear up the issue. Acting Chairman Fitzsimmons said that we need to get done what needs getting done. We need to get the hours filled, then standardize our mechanism of doing things.
MOTION by Halpin to offer substitute resolution for Introduction No. 13, SECOND by Burnside. Motion failed four ayes to two noes. (Names of Noes: Fitzsimmons, Hastings)
VOTE: Passed 5-1. (Name of No: Halpin)
RESOLUTION NO. 122 Motion by Hastings, Second by Thurston.
RE: CONTRACT FOR PARENT SKILLS WORKSHOP SERIES - MENTAL HEALTH
WHEREAS, there is a need for a Parent Skills Workshop Series in Schuyler County, and
WHEREAS, the Cornell Cooperative Extension of Schuyler County is interested in providing these services.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the Director of Community Services and the Chairman of the Legislature to execute an agreement with Cornell Cooperative Extension of Schuyler County for a Parent Skills Workshop Series funded through Community Support Program (CSP) funding, in an amount not to exceed $1,000, subject to approval by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 123 Motion by Hastings, Second by Thurston.
RE: DECLARE APRIL AS 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 hereby extends its recognition and appreciation to all the staff at the Schuyler Hospital Alcohol Clinic, the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc. and all other agencies and volunteers for the important and dedicated services they provide, and
BE IT FURTHER RESOLVED, that this Legislature hereby recognize April as Alcohol Awareness Month.
VOTE: Passed 6-0.
RESOLUTION NO. 124 Motion by Hastings, Second by Thurston.
RE: AUTHORIZE CONTRACT WITH PERRY & SWARTWOOD INSURANCE CONSULTANTS
BE IT RESOLVED, that the Chairman of this Legislature be authorized to execute a contract with Perry & Swartwood for the following services at the respective costs:
a. Creation of a Request for Proposals for health insurance - $1,500.
b. Creation of a Request for Proposal for property and liability coverage; and evaluation
of the proposals received - $3,000;
subject to approval by the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $4,500 from Contingency account no. 1990.5 to Legislative account no. 1010.435.
VOTE: Passed 6-0.
RESOLUTION NO. 125 Motion by Hastings, Second by Thurston.
RE: AUTHORIZE TRANSFER OF FUNDS - CIVIL SERVICE/PERSONNEL
WHEREAS, it has been necessary to secure temporary help in the Civil Service/Personnel Department due to the medical leave of the Civil Service Clerk, and
WHEREAS, the funding for the temporary help needs to be transferred from account no. 1431.100-Personal Services to 1430.435-Professional Fees & Services (which needs to be created as a line item in the budget).
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to create line item 1430.435-Professional Fees & Services and transfer $3,500 from account no. 1430.100 to account no. 1430.435 to cover the cost of the temporary help.
VOTE: Passed 6-0.
RESOLUTION NO. 126 Motion by Hastings, Second by Thurston.
RE: AMENDMENT OF SCHUYLER COUNTY POLICIES AND PROCEDURES - HEALTH INSURANCE
BE IT RESOLVED, that the section of the Schuyler County Policies and Procedures, Health Insurance (Page 8), be amended by the addition of the following:
"To be eligible for retiree health insurance benefits, the employee must qualify for public employee pension under New York State and Local Employees' Retirement System. Elected officials, who may or may not exercise their option to participate in the retirement system, shall be required to have ten years service in Schuyler County and to have attained age 55 to qualify for retiree health insurance benefits".
VOTE: Passed 6-0.
RESOLUTION NO. 127 Motion by Hastings, Second by Thurston.
RE: APPROVE APPLICATION FOR REFUND OF TAXES - MURPHY - TOWN OF HECTOR 1995 LEVY
WHEREAS, the Real Property Tax Director has received an application for a refund of taxes for tax map number 2.-1-46.14 in the Town of Hector for property owned by Miriam Murphy due to an error in essential fact, Real Property Tax Law Section 550 (3) c, for the amount of $175.08, and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee that said application be approved based upon the determination of findings.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature, be and hereby is, authorized to execute approval of said application, and
BE IT FURTHER RESOLVED, that the County Treasurer refund the above mentioned sum to the applicant and chargeback $25.14 to the Town of Hector and $88.12 to the Watkins Glen School District.
Assessment Tax Rate
School (WGCS) 5400 X 16.31908 = 88.12
Town 5400 X 3.2176 = 17.38
County 5400 X 11.4485 = 61.82
Fire (3) 5400 X 1.4369 = 7.76
TOTAL = $175.08
VOTE: Passed 6-0.
RESOLUTION NO. 128 Motion by Hastings, Second by Thurston.
RE: APPROVE APPLICATION FOR REFUND OF TAXES - HASELMAN - TOWN OF HECTOR 1995 LEVY
WHEREAS, the Real Property Tax Director has received an application for a refund of taxes for tax map number 33.-1-33.111 in the Town of Hector for property owned by Harold and Maryann Haselman due to an error in essential fact, Real Property Tax Law Section 550 (3) c, for the amount of $87.54, and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Assessment and Taxation Committee that said application be approved based upon the determination of findings.
WHEREAS, the above recommended action would result in a refund for Watkins Glen Central School taxes in the amount of $44.65 and a refund on the first installment of the Town and County taxes of $21.88.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature, be and hereby is, authorized to execute approval of said application, and
BE IT FURTHER RESOLVED, that the County Treasurer refund the amount of $66.53 and charge back $44.65 to the Watkins Glen Central School District and $11.57 to the Town of Hector.
33.-1-33.111 $2736
Assessment Tax Rate
School (WGCS) 2.736 X 16.31908 = 44.65
Town 2.736 X 3.2176 = 8.81
County 2.736 X 11.4485 = 31.32
Fire (14) 2.736 X 1.0063 = 2.76
TOTAL = $87.54
VOTE: Passed 6-0.
RESOLUTION NO. 129 Motion by Hastings, Second by Burnside.
RE: DECLARATION OF APRIL 22, 1996 AS LOCAL GOVERNMENT DAY IN CELEBRATION OF NATIONAL COUNTY GOVERNMENT WEEK APRIL 21-27
WHEREAS, April 21-27 is National County Government Week, and
WHEREAS, the Schuyler County Legislature wishes to provide our citizens of Schuyler County an opportunity to learn more about county government, and
WHEREAS, a program similar to that of the school program presented for our High Schools could be planned.
NOW, THEREFORE, BE IT RESOLVED, that Chairman Franzese and Legislator Thurston work with Cooperative Extension and our County Planner to plan such an opportunity for our citizens who may be interested in visiting and learning more about county government on April 22, 1996, and
BE IT FURTHER RESOLVED, that April 22, 1996 be declared by the Schuyler County Legislature as County Government Day within Schuyler County.
VOTE: Passed 6-0.
RESOLUTION NO. 130 Motion by Hastings, Second by Burnside.
RE: AUTHORIZE INCREASE IN HOURS FOR RECORDS MANAGER
WHEREAS, the Records Management grant funding expired June 30, 1995 and there are remaining encumbered grant monies, and
WHEREAS, the Records Management Advisory Board and the Governmental Operations Committee both agree to allow the Records Manager to resume work on a full-time basis to be paid out of the encumbered grant funds to include salary and fringe benefits.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize an increase in hours for the Records Manager to 35 hours per week for the remainder of the year 1996, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to make the following transfer of funds:
AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO. PURPOSE
$3,349 1460.435-1465 1460.100-1465 Salary
256 1460.435-1465 Approp. Acct. No. FICA
20 1460.435-1465 Approp.
Acct. No. Workers' Comp.
587 1460.435-1465 Approp. Acct. No.
Health Insur.
72 1460.435-1465 Approp.
Acct. No. Dental Insur.
114 1460.435-1465 Approp. Acct. No.
Retirement
VOTE: Passed 6-0.
RESOLUTION NO. 131 Motion by Hastings, Second by Burnside.
RE: AUTHORIZE LEASE ADDENDUM - KEX COPY SOURCE - LEGISLATURE
WHEREAS, the Legislative Office has renegotiated substitution of the copier equipment with Kex Copy Source for no additional cost.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an addendum to the lease with Kex Copy Source setting forth the substituted equipment with all other terms and conditions of the lease remaining unchanged; subject to approval by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 132 Motion by Hastings, Second by Burnside.
RE: AUTHORIZE SETTLEMENT AGREEMENT - SHERIFF'S DEPARTMENT
WHEREAS, the County is litigating a matter involving the Sheriff's Department, and
WHEREAS, it is the recommendation of the County Attorney and insurance counsel that this matter be settled.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes and approves the County Attorney to act in conjunction with the insurance counsel to negotiate a settlement up to an amount which has been previously determined, and will be confidential until after a settlement is achieved.
VOTE: Passed 6-0.
RESOLUTION NO. 133 Motion by Hastings, Second by Burnside.
RE: ACCEPT BIDS FOR BITUMINOUS CONCRETE ASPHALT
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bids:
ALL BIDS ACCEPTED
The General Crushed Stone Co., P.O. Box 9, Pre-Emption Road, Oaks Corners, NY 14518
Genesee LeRoy Stone Corporation, 6896 Ellicott Street, Pavilion, NY 14525
Dalrymple Gravel & Contracting Co., 2105 S. Broadway, Pine City, NY 14871
South Hill Construction Co., Inc., 3636 South Hill Road, Burdett, NY 14818 - PAVER ONLY
Seneca Stone Corporation, 2105 S. Broadway, Pine City, NY 14871
Copies of bids available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 134 Motion by Hastings, Second by Burnside.
RE: ACCEPT/REJECT BIDS FOR BITUMINOUS MATERIALS
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bid:
Central Asphalt, Division of Suit-Kote Corporation, 20 Fairground Lane, Watkins Glen, NY 14891, and
BE IT FURTHER RESOLVED, that the following bid be rejected:
A.L. Blades & Sons, Inc., 7610 County Route 65, P.O. Box 590, Hornell, NY 14843-0590
Copies of bids available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 135 Motion by Hastings, Second by Burnside.
RE: ACCEPT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SELECT GRANULAR FILL
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bids:
ALL BIDS ACCEPTED
Maple Terrace Gravel Mine, 2391 County Route 10, Alpine, NY 14805
Arcangeli Gravel Pit, 4071 Satterly Hill Road, Burdett, NY 14818
Dalrymple Gravel & Contracting Co., 2105 S. Broadway, Pine City, NY 14871
Wickham's Pit (Annella Wickham), 2300 Texas Hollow Road, Odessa, NY 14869
B.R. DeWitt, Inc., 6895 Ellicott Street, Pavilion, NY 14524-9614
Copies of bids available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 136 Motion by Hastings, Second by Burnside.
RE: ACCEPT BIDS FOR CRUSHED STONE (LIMESTONE) AND CRUSHED GRAVEL
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bids:
ALL BIDS ACCEPTED
The General Crushed Stone Co., P.O. Box 9, Pre-Emption Road, Oaks Corners, NY 14518
B.R. DeWitt, Inc., 6895 Ellicott Street, Pavilion, NY 14525
Dalrymple Gravel & Contracting Co., 2105 S. Broadway, Pine City, NY 14871
Knight Settlement Sand & Gravel, 7291 Knight Settlement Road, Bath, NY 14810
Seneca Stone Corporation, 2105 S. Broadway, Pine City, NY 14871
Copies of bids available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 137 Motion by Hastings, Second by Burnside.
RE: ACCEPT BIDS FOR ICE CONTROL SAND
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bids:
ALL BIDS ACCEPTED
Dalrymple Gravel & Contracting Co., 2105 S. Broadway, Pine City, NY 14871
Knight Settlement Sand & Gravel, 7291 Knight Settlement Road, Bath, NY 14810
B.R. DeWitt, Inc., 6895 Ellicott Street, Pavilion, NY 14525
Copies of bids available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 138 Motion by Hastings, Second by Burnside.
RE: ACCEPT BIDS FOR READY-MIX CONCRETE
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bids:
ALL BIDS ACCEPTED
Dalrymple Gravel & Contracting Co., 2105 S. Broadway, Pine City, NY 14871
Knight Settlement Sand & Gravel, 7291 Knight Settlement Road, Bath, NY 14810
B.R. DeWitt, Inc., 6895 Ellicott Street, Pavilion, NY 14525
Copies of bids available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 139 Motion by Halpin, Second by Young.
RE: ACCEPT BID FOR TREE AND STUMP REMOVAL
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bid: ONLY ONE BID RECEIVED
Dave Day's Tree Service, P.O. Box 162, 52 Route 230, Wayne, NY 14893
Copies of bid available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 140 Motion by Halpin, Second by Young.
RE: ACCEPT BID FOR GUIDERAIL
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bid: ONLY ONE BID RECEIVED
Chemung Supply Corporation, P.O. Box 527, Elmira, NY 14902
Copies of bid available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 141 Motion by Halpin, Second by Young.
RE: ACCEPT BID FOR SIGNS, POSTS, EXTENSIONS & SIGN BLANKS
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bid: ONLY ONE BID RECEIVED
Chemung Supply Corporation, P.O. Box 527, Elmira, NY 14902
Copies of bid available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 142 Motion by Halpin, Second by Young.
RE: ACCEPT/REJECT BIDS FOR TIRES
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bid:
Ron Parmenter Motors, Inc., 2640 State Route 14, Montour Falls, NY 14865, and
BE IT FURTHER RESOLVED, that the following bid be rejected:
Tallmadge Tire Service of Geneva, 255 Exchange Street, P.O. Box 979, Geneva, NY 14456
Copies of bids available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 143 Motion by Halpin, Second by Young.
RE: ACCEPT BID FOR NEW CORRUGATED METAL, GALVANIZED PIPE, GALVANIZED AND ASPHALT TREATED PIPE, NEW CORRUGATED METAL PIPE-ARCH, NEW FLARED END SECTIONS
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bid: ONLY ONE BID RECEIVED
Chemung Supply Corporation, P.O. Box 527, Elmira, NY 14902
Copies of bid available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 144 Motion by Halpin, Second by Young.
RE: ACCEPT BIDS FOR USED STEEL PIPE, USED RAILROAD RAIL, NEW AND USED STEEL PLATE, STEEL BRIDGE FLOORING, GABION BASKETS, POLYETHYLENE PIPE, NEW AND USED BRIDGE AND SHOP STEEL
WHEREAS, Resolution No. 37 authorized the advertising for bids for furnishing of materials for the Highway Department for the year 1996, and
WHEREAS, said advertisement was made, bids received and opened at the regular Public Works Committee meeting on March 18, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bids:
Chemung Supply Corporation, P.O. Box 527, Elmira, NY 14902
All except split on the following: USED STEEL PIPE: Items, 1, 3, 5, 7, 9, 11, 14, 17, 19 only
Allegany Pipe & Tubular Products, 2954 County Route 22, Andover, NY 14806
No award except on USED STEEL PIPE: Items 2, 4, 6, 8, 10, 12, 13, 15, 16, 18, 20, 21, 22 only
Copies of bids available for inspection at the Schuyler County Highway and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 145 Motion by Halpin, Second by Young.
RE: ACCEPT/REJECT BIDS FOR ABSTRACTING SERVICES FOR 1996 TAX SALE AUCTION PROPERTIES
WHEREAS, Resolution No. 91 authorized the advertising for bids for Abstracting Services for 1996 Tax Sale Auction Properties, and
WHEREAS, said advertisement was made, bids received and opened at the Management and Finance Committee meeting on April 1, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Management and Finance Committee, the Schuyler County Legislature hereby accept the following bid:
Finger Lakes Abstract Corporation, 137 Turner Park Road, P.O. Box 106, Montour Falls, NY 14865 ($40/search), and
BE IT FURTHER RESOLVED, that the following bid be rejected:
Monroe Title Insurance Corporation, 150 Lake Street, Elmira, NY 14901 ($40/search)
Copies of bids available for inspection at the Schuyler County Treasurer and Legislative Offices.
VOTE: Passed 6-0.
RESOLUTION NO. 146 Motion by Halpin, Second by Young.
RE: AUTHORIZE CONTRACT WITH STEUBEN COUNTY FOR THE WORKERS' HEALTHY HEART PROGRAM OF SCHUYLER AND STEUBEN COUNTIES - HOME HEALTH AGENCY
WHEREAS, Steuben County will pay Schuyler County $500.00 for its cooperation on the Workers' Healthy Heart Program of Schuyler and Steuben Counties.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Steuben County for the Workers' Healthy Heart Program of Schuyler and Steuben Counties for $500.00 from July 1, 1995 through June 30, 1996; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 147 Motion by Halpin, Second by Young.
RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 1996 CREATING THE OFFICE OF COUNTY MANAGER FOR THE COUNTY OF SCHUYLER
WHEREAS, the Schuyler County Legislature wishes to create the Office of County Manager for Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the Year 1996, 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 13, 1996 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
LOCAL LAW INTRO. NO. 1 OF THE YEAR 1996
A Local Law to establish the Office of County Manager for the County of Schuyler.
SECTION 1. LEGISLATIVE INTENT
The increasing complexity of County government requires full time professional managerial attention and direct day to day centralized supervision by a person of demonstrated expertise in public administration. Accomplishment of this goal and the promotion of greater efficiency in government will be achieved by the creation of a managerial position which has not previously existed in the Schuyler County governmental structure. Accordingly, the Schuyler County Legislature has determined to create the position of County Manager with the intention that the County Manager be the chief administrative officer of the County. However, the existence and operation of such position shall not curtail, diminish or transfer the power of any elected official or similarly affect the powers conferred by law on any appointed official.
SECTION 2. APPOINTMENT AND TERM OF OFFICE
A. There shall be a County Manager who shall be directly responsible to the Legislature and shall, on behalf of the Legislature, perform the functions of a chief administrative officer. The position of County Manager shall be unclassified for Civil Service purposes.
B. The County Manager shall be appointed by the Legislature and shall serve at the pleasure thereof. The term of office for the first County Manager shall commence on the date of appointment and shall expire on December 31 of the year following appointment. Subsequent terms of office shall be for a period of two (2) years. Removal prior to the expiration of a term of office shall be in accordance with the provision of the New York State Civil Service Law. Appointment to fill a vacancy shall be for the remainder of the unexpired term.
C. The County Manager shall hold no other public or political office.
SECTION 3. QUALIFICATIONS
A. At the time of appointment, the County Manager shall have the following training and/or experience:
1. A high school diploma and ten (10) years paid, full time managerial experience in
the field of government, private business or industrial enterprise.
or
2. Bachelors degree in the field of Business Administration or Public
Administration and have six (6) years paid, full time managerial experience in government,
private business or industrial enterprise.
or
3. A Masters degree in Business Administration or Public Administration and four (4) years paid, full time managerial experience in the field of government, private business or industrial enterprise.
or
4. An equivalent combination of training and experience as listed above.
The County Manager shall be appointed on the basis of these and such other qualifications as may be required for the responsibilities of the office.
B. The appointee need not be a resident of Schuyler County at the time of appointment, but shall become so within ninety (90) days of appointment and remain so during the term of office. Failure to become a resident or remain a resident shall be cause for dismissal by the Legislature without other or further notice and without benefit of the removal provisions of the New York State Civil Service Law.
SECTION 4. SALARY
The County Manager shall receive an annual salary to be fixed by the County Legislature.
SECTION 5. POWERS AND DUTIES
Perform all the duties now and hereafter conferred or imposed upon the office by law or directed by the Legislature and shall have all the powers and perform all the duties necessarily implied or incidental thereto. The County Manager will provide and coordinate staff services to the County Legislature and its various committees and shall coordinate the activities of the various County departments and agencies. Among such powers and duties, but not by way of limitation, are the following:
A. Description of Duties:
1. Support, supervise and provide assistance to all Department Heads regarding budget, program and policy. Coordinate the preparation of interdepartmental policies and will, where necessary, make policy recommendations to the County Legislature. Implement necessary administrative procedures as may be required to carry out the policies established by the County Legislature. All Department Heads shall be responsible to and report to the County Manager, excepting the County Attorney who shall be responsible to and report to the Legislature in accordance with County Law Section 500.
2. Submit regular reports and recommendations to Legislature regarding County operations, budget and policies through the meetings of the Legislature and its Standing Committees. Prepare resolutions as directed by the Standing Committee overseeing the office of County Manager.
3. Conduct regular meetings with Department Heads and others deemed necessary. Act as official liaison between the Department Heads and County Legislature.
4. Promote, coordinate and support communication and cooperation among all units of government and between the County and all other levels of government and their agencies and participate in efforts to secure public/private partnerships.
5. Provide day to day management of the activities of County government with a view towards the reduction of cost and size of government pursuant to a missions statement to be formulated.
6. Provide for appropriate budgetary controls and the efficient and economical management of appropriated funds.
7. Make recommendations to the appropriate jurisdictional committee of the Legislature for appointment/dismissal, by the Legislature, of all heads of units of county government not administered by an elected official, except where law specifically directs such action be implemented by another official.
8. Have the administrative responsibility of approving the organization and staffing within any specific department, or agency, or operation, subject to his or her direct administrative control and will have the administrative control of other temporary assignments within the same department, agency or operation or from one department, agency or operation to another.
9. Evaluate all Department Heads pursuant to the Management/Confidential Salary Plan, excluding elected Department Heads or where law specifies otherwise, who report directly to him or her and make recommendations on annual salaries/benefits.
10. Act as Budget Officer for the County -OR- assist the Budget Officer in the preparation of the budget of the County, including but not limited to the development and recommendation of a budget program that includes long-range capital budgeting and annual operating budgets.
11. Participate in, and provide data to the Legislature in the conduct of Collective Bargaining for all unions.
12. Sell or lease surplus, obsolete and unused supplies, materials and equipment under such rules and regulations as the Legislature may require.
13. Provide, as authorized by the Legislature, for the administration of supporting services and facilities for various units of County government, including the installation, operation and maintenance of all data processing equipment, the maintenance and operation of facilities for the central reproduction of printed materials, the central receipt, distribution, processing and collection of mail and messages and the supervision of all operation personnel with respect thereto.
14. Approve staff travel for all County employees.
15. Assist with current grant proposals and seek out new opportunities for the same.
16. Perform the ministerial duty of executing contracts in the name of the County, when such contracts have been authorized by the Legislature or an appropriate Standing Committee.
17. Attend all Regular and Special Meetings of the County Legislature.
18. Attend such Committee Meetings as the Legislature may direct.
B. To appoint a Confidential Secretary who shall serve at the pleasure of the County Manager and who shall be paid out of funds appropriated for that purpose, if such funds are appropriated for that purpose.
C. In consultation with the Chairman of the Legislature to determine what officer shall perform a duty not clearly defined or specified by law.
D. To aid the Legislature in evaluating proposals and make recommendations concerning same.
E. To serve as an advisor to the Legislature in developing policies and procedures promoting economy and efficiency in government.
F. To undertake administrative and management studies and to make recommendations regarding the results thereof to the Legislature.
G. To maintain liaison and represent the Legislature in contacts with political subdivisions and state and federal officials and agencies.
H. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the Legislature.
SECTION 6. SCOPE OF AUTHORITY
Any dispute or disagreement regarding the authority of the County Manager, the scope of the Manager's duties or authority, or the relationship between the County Manager and the Chairman of the Legislature, Committee Chairman or individual Legislators shall be finally determined by the County Legislature sitting en banc. This section is specifically intended to address chain of command issues.
SECTION 7. NO DIVESTITURE OF ELECTED OFFICIAL'S POWER
Nothing contained in this Local Law shall operate or be construed to divest or curtail the power of any elected or appointed official nor to constitute an impermissible delegation of legislative authority.
SECTION 8. SEPARABILITY OF PROVISIONS
If any clause, sentence, paragraph, subdivision, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall be been rendered.
SECTION 9. CONFLICT WITH PREVIOUS LOCAL LAWS OR RESOLUTIONS
In the event of a conflict or inconsistency between this Local Law and any previous Local Law or Resolution of the Board of Legislators, this Local Law shall govern.
SECTION 10. EFFECTIVE DATE
This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully and it has been duly filed as provided by the Municipal Home Rule Law.
DISCUSSION: Legislator Halpin said that we have been studying this since 1992. She said that 42 out of 57 counties have a manager or an administrator or CEO. The cost in our 1996 budget for this position is $50,000, which will allow us to hire someone for about half a year and set up the office; this is without increasing the tax levy. If there is a County Manager's position in the 1997 budget, this does not necessarily mean there will be an increase in the tax levy. Her hope is that this person will keep the costs down. This person's salary range will be $35,000 - $50,000. She said this person's salary will be about $44,000, with benefit costs of $10,000 and contractual expenses of $3,000. This person will not receive a car and will have no additional support staff. She said the legislators only answer to their voters, they will never answer to the County Manager. She said the County Manager cannot assume legislator's responsibilities.
VOTE: Passed 5-1. (Name of No: Young)
RESOLUTION NO. 148 Motion by Halpin, Second by Young.
RE: AUTHORIZE PAYMENT FROM JUDGMENTS AND CLAIMS ACCOUNT
WHEREAS, the County is in receipt of an invoice for transcription services for a Section 75 Hearing, and
WHEREAS, the County Auditor, after consultation with the County Treasurer, requests payment for this invoice from the Judgments and Claims account.
NOW, THEREFORE, BE IT RESOLVED, that the County Auditor and County Treasurer be authorized to pay an invoice from Alliance Shorthand Reporters, Inc. in the amount of $1,349.25 from Judgments and Claims account no. 1930.400.
VOTE: Passed 6-0.
RESOLUTION NO. 149 Motion by Thurston, Second by Young.
RE: SUPPORT OF THE SUMMER YOUTH EMPLOYMENT & TRAINING PROGRAM
WHEREAS, Schuyler County is a poor rural county in upstate New York with less than 6,000 youth 0-20 years of age, and
WHEREAS, for the last five years the Schuyler County Youth Bureau has employed 40-50 teenagers per summer through the Summer Youth Employment and Training Program (SYETP), and
WHEREAS, for a great many of these youth they are the only person in their families to be employed, and
WHEREAS, additional training is provided to the youth on careers that they would not normally be exposed to, and
WHEREAS, last summer 47 Schuyler County youth earned $28,721.95 in wages and benefits that was re-circulated into the community for school clothes and supplies, and
WHEREAS, 3 staff members, 2 of which were unemployed at the start of the program, but secured full-time teaching positions at the end of the program, earned $17,298.21 in wages and benefits from April until October, 1995.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the federal government to include the specific language in the Continuing Resolution for the Department of Labor so that this valuable program can be secured for, among other, some 50 Schuyler County, New York youth.
VOTE: Passed 6-0.
RESOLUTION NO. 150 Motion by Thurston, Second by Young.
RE: AUTHORIZE GRANT APPLICATION WITH SUPPORT OF THE VILLAGE OF WATKINS GLEN - PLANNING & COMMUNITY DEVELOPMENT
WHEREAS, the Department of State, Division of Coastal Resources, has made available a second round of grant monies to participating municipalities for the development of plans to implement their Local Waterfront Revitalization Programs (LWRPs), and
WHEREAS, the Village of Watkins Glen is eligible to receive the 50/50 matching funding as a participating community in the LWRP, and
WHEREAS, at this stage in the implementation of the LWRP, it is necessary to develop design documents for county-owned Seneca Harbor Park for approximately $20,000, and
WHEREAS, the State requires the Village of Watkins Glen to be the grant applicant for the park project.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Planning Department be authorized to apply for the matching funding for Seneca Harbor Park with the support of the Village of Watkins Glen, and
BE IT FURTHER RESOLVED, that the matching funds for the project be generated by the fund raising campaign coordinated by the Five Lakes Development Corporation, and
BE IT FURTHER RESOLVED, that the only commitment necessary from the Village of Watkins Glen for this project is the receipt of the funds and the transferring of grant requirements such as budgeting, etc. to the Schuyler County Planning Department for completion and submission to the Department of State.
VOTE: Passed 6-0.
RESOLUTION NO. 151 Motion by Thurston, Second by Young.
RE: AUTHORIZE TREASURER TO ENTER INTO AGREEMENT WITH MARINE MIDLAND BANK FOR HEXAGON SERVICES
WHEREAS, Marine Midland Bank has offered to provide to the County Treasurer their Global Electronic Financial Services known as the Hexagon Services, and
WHEREAS, the County Treasurer has informed this Legislature of the advantages to the Treasurer's Office and to the County of these services.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to enter into an agreement with Marine Midland Bank for their Hexagon Services; subject to approval by the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the two persons appointed as the initial Primary Delegates for the County of Schuyler be Nancy A. Peters, County Treasurer and Patricia A. Bilinski, Deputy County Treasurer.
VOTE: Passed 6-0.
RESOLUTION NO. 152 Motion by Thurston, Second by Young.
RE: AUTHORIZE AGREEMENT WITH HUNT ENGINEERS FOR COUNTY ROAD 22 BRIDGE REHABILITATION, TOWN OF ORANGE, BIN #3332590
WHEREAS, preliminary work on the above structure was performed by Hunt Engineers, and
WHEREAS, Schuyler County Highway Department has received a proposal from Hunt Engineers for engineering services for the County Road 22 Rehabilitation Project, Town of Orange.
NOW, THEREFORE, BE IT RESOLVED, that, based upon the Public Works Committee and Highway Superintendent's recommendation, the Chairman of the Schuyler County Legislature be hereby authorized to sign the necessary documents to retain Hunt Engineers for engineering services for the County Road 22 Bridge Rehabilitation Project in the amount of $14,350.00; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 153 Motion by Thurston, Second by Young.
RE: APPROVE CONCEPT AND INVESTIGATION OF COUNTY HIGHWAY DEPARTMENT PROPERTY FOR USE BY THE VILLAGE OF WATKINS GLEN
WHEREAS, the Village of Watkins Glen has requested the County to look at the possibility of the Village utilizing County Highway Department property for the development of a fire station.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approve the concept and investigation of allowing the Village of Watkins Glen to develop a fire station on County Highway Department property giving due regard to the provisions of County Law Section 215 and other applicable statutes, and
BE IT FURTHER RESOLVED, that the Schuyler County Attorney be directed to proceed with the Village of Watkins Glen Attorney in development of any acceptable agreements to effectuate this possible project, provided, however, that the Village of Watkins Glen shall evaluate this project in accordance with its site plan review law as if such project were subject to said site plan review law, and
BE IT FURTHER RESOLVED, that the results of this investigation be brought back before the Schuyler County Legislature for further consideration.
DISCUSSION: Legislator Thurston said that he supported this at the Legislative Committee Meeting and will do so again tonight. He said that maybe this is not the best place for the fire department, but they need and deserve a decent home. Acting Chairman Fitzsimmons said that he approves the investigation, but does not approve of an agreement.
VOTE: Passed 6-0.
RESOLUTION NO. 154 Motion by Thurston, Second by Young.
RE: RESOLUTION IN SUPPORT OF FARM PROPERTY TAX REFORM
WHEREAS, New York farmers pay the highest tax per acre when compared to all agricultural states with the average tax per acre in New York State at $23.00 and the national average at $6.50, and
WHEREAS, the average property taxes in New York State paid per acre by all farmland owners increased by 44 percent between 1987 and 1992, and
WHEREAS, farm property taxes represent 40 percent of the average net farm income, which exemplifies the inequity that the current property tax system is placing on farmers, and
WHEREAS, the farmers in New York are trying to compete in a national market where the property tax burden is substantially less, and
WHEREAS, farm product prices have been stagnant for the last 15 years, while property taxes have steadily increased, and
WHEREAS, agriculture is the largest industry in New York State, generating over three billion dollars ($3,000,000,000+) in sales each year, and
WHEREAS, property tax relief would have a positive impact on the rural economy and the profitability of New York farms.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports a refundable income tax credit to effectively offset a portion of the real property tax burden, and
BE IT FURTHER RESOLVED, that the County Legislature of the County of Schuyler calls upon the Governor, George Pataki, the Majority Leader of the NYS Senate, Joseph Bruno, and Speaker of the NYS Assembly, Sheldon Silver and the Schuyler County delegation to the NYS Legislature, Senator John R. Kuhl and Member of the Assembly, James Bacalles, and
BE IT FURTHER RESOLVED, that the Clerk of the County Legislature is authorized and directed to send a certified copy of this resolution to the Governor, George Pataki, the Majority Leader of the NYS Senate, Joseph Bruno, and Speaker of the NYS Assembly, Sheldon Silver and the Schuyler County delegation to the NYS Legislature, Senator John R. Kuhl and Member of the Assembly, James Bacalles with a request to enact legislation that will establish this tax credit program.
VOTE: Passed 6-0.
RESOLUTION NO. 155 Motion by Thurston, Second by Young.
RE: RESOLUTION OF DECLARATION OF NATIONAL TOURISM WEEK - MAY 5-11, 1996
WHEREAS, National Tourism Week for 1996 is being celebrated nationally from May 5-11, and
WHEREAS, the Finger Lakes Region encompasses 14 west central New York State Counties and has been recognized as one of the premier destination vacationlands in the United States, and
WHEREAS, there are nearly 6,000 tourism businesses in the Finger Lakes Region providing approximately 80,000 jobs with an annual payroll of over $820,000,000 and
WHEREAS, the Finger Lakes Region's activity index reflects more than 9,000,000 visitations, and
WHEREAS, this results in an overall economic impact in excess of 1.5 million dollars annually to the Finger Lakes Region, and
WHEREAS, tourism in Schuyler County ranks with agriculture and manufacturing as a major factor in the county's economy.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature declares May 5-11, 1996 as National Tourism Week in the Finger Lakes Region and in Schuyler County, and National Recognition Day, May 8th.
VOTE: Passed 6-0.
REPORT ON STANDING COMMITTEES: Legislator Hastings said that Cooperative Extension and the County Planning Department agreed to hold a roundtable for municipalities. It will be held April 30 from 7:00 - 9:00 p.m. at the Rural Urban Center. This meeting will highlight happenings of local governments. She encourages all towns and villages to attend. Legislator Hastings said the Agricultural Committee would like to be a separate committee, instead of falling under the Planning Committee. Legislator Hastings noted that Chip Eisman from Schuyler Hospital met with the health departments to look at eliminating some of the duplicate programs and to work together to keep the hospital open. Legislator Halpin reported the room tax and sales tax for the last three months is down compared to last year, but feels it is nothing to be concerned about. She said the sales tax is down .13% and room tax is down $305. Legislator Young congratulated Legislator Hastings on doing a great job with the Health Services Summit. Legislator Halpin reported that the Coalition for the County Manager is holding an informational meeting on April 23 at 7:00 p.m. at the Community Center to discuss the County Manager's position.
UNFINISHED BUSINESS: None.
NEW BUSINESS: Legislator Thurston said that as of this afternoon he had received 111 responses to his question concerning Schuyler County developing a home page for the World Wide Web. He said that all of the responses were positive. He announced that on April 18 at 6:30 p.m., in the Legislative Chambers, there will be an informational meeting on this home page and encourages everyone that is interested to attend.
PUBLIC PARTICIPATION - 7:50 P.M.: Casey Creamer asked if there was a status report on the income tax versus property tax study being done? Legislator Young said that he will have a draft by the end of April and will report on it at the May Regular Meeting. Tom Ryan asked how many clients does Schuyler County pay for long-term care and what is the cost per day? Acting Chairman Fitzsimmons said there are 152 chronic care cases, which include the Falls Home. He said that long-term care is at $300,000 per month and the county's share is 10%. Barbara Regan, Director of Public Health, asked how many from Schuyler County go elsewhere? Acting Chairman Fitzsimmons said that he is not sure, but thinks it is less than half the amount of the people that come here. Public Participation ended at 7:55 p.m.
The meeting adjourned at 7:55 p.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
MAY 13, 1996
The May 13, 1996 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 6:37 p.m. The Pledge of Allegiance was led by Legislator Compton and followed by a Moment of Silence. ROLL CALL: All Legislators were present. County Attorney Coleman was also present.
PUBLIC PARTICIPATION - 6:39 P.M.: Hazel Shader, regarding the fishing pier sale agreement, asked why the county was purchasing the pier? Chairman Franzese explained that the county has considered this issue very carefully. Over the years the IDA has only been paying the principal on the bonds. This will allow them to get their debt down to $25,000 and the pier will be clear with no cost to the taxpayers. The revenues from the sub-leases will reimburse the fund balance within 3 years and then will be added income for the county. The eventual payback will be $130,000. Hazel then asked about the resolution transferring funds in the Legislative budget. Legislator Halpin explained that this is to cover unanticipated expenses from the county's labor counsel. It is impossible to predict how much legal advice on labor matters the county will need in a year. Hazel then questioned the contract with Staffcare of New York, Inc. Legislator Fitzsimmons explained the county's home health agency cannot provide all services at all times. This allows for service demands to be met and is more cost effective than hiring another employee. Public Participation ended at 7:05 p.m.
PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1 OF THE YEAR 1996 CREATING THE OFFICE OF COUNTY MANAGER FOR THE COUNTY OF SCHUYLER - 7:05 P.M.: There were approximately 100 people present for the Public Hearing. Chairman Franzese explained a technical amendment made to the local law by the County Attorney within legal timeframes to comply with Civil Service Law. Grover Odenthal asked considering that this is an additional form of government and possible burden on the taxpayers, what is the Legislature's objection to a public referendum on the issue? He wanted to know why the legislators, who are elected to serve the people, wanted an additional form of government. Casey Creamer cited the definitions of legislator and manager and felt the legislators were hired not to manage, but to legislate. He felt the county needs someone at the helm to run the business. Bob Collins presented petitions with 1,239 signatures requesting a mandatory referendum on the issue of creating the position of county manager. Hazel Shader spoke in opposition to creating the position and wanted to know who would be paying for the same. She felt since the legislators work for the people, the question should be put on the ballot for the people. John Ellison supported the position of county manager because he felt the position would better assist businesses by allowing legislators more time to seek out economic development. Len Ferris wondered if legislators supporting the position would be willing to forfeit their salary to pay for the position. Lory Peck spoke in support of the creation of the county manager position. He felt the county is a big business which needs proper day to day management and that the position will pay for itself by increasing efficiency and operations. The county manager would allow the legislators time to do what they were elected to do. Bernie Humphrey noted that 27 counties have county managers and 36 do not, why not? He asked if all the coalition members were businesses that paid taxes? Mike Schmidt spoke as an employee of Cargill and member of the Coalition, Chamber of Commerce and Five Lakes Development. He said that Cargill has invested $15 million in the county and is working to remain here in the future. He feels a county manager will help the legislators work more towards the future by handling the day to day operations of the county for them. Peter Newell requested the issue be put up for a vote of the people and asked what the county manager will do for the farmers and how the position will affect taxes? Tim Dunlap spoke in opposition of the county manager position saying there were too many chiefs and not enough indians. Bill Elkins said he does not want to see growth in government. He feels the legislators and employees do a fine job and can do the job. He would rather continue with the current system, and see the Chairman of the Legislature get a raise than to hire a manager. Patricia Redick requested the information be given to the people and to let them have their power as taxpayers to vote on the issue. Dan Stillman asked about the qualifications for the manager, who will be his boss and what will he do? Luanne Smith supported the position and felt the manager would allow the legislators to do other things like reducing the amount of uncollected taxes. Harold Hoffmier supported the position feeling the county manager could focus on the increasingly complex issues, both locally and nationally, and look to the future. Doris Karius supported the position saying the legislator's jobs are very time consuming and they need knowledgeable help. Mark Simiele spoke in support of the county manager position feeling it is needed and can help. Tom Ryan wondered where the county manager will come up with savings and feels the current legislators and employees are doing the job. Jerry Marvel supported the position feeling it would improve efficiency and pay for itself. Bill Peters spoke as a member of Five Lakes Development, Chamber of Commerce, the Coalition and as a businessman in the county. He supported the position and said the businesses in the county would not support it if it was going to cost more money. JoPat Wright supported the position feeling it would pay for itself over and over again. Joe Rooney spoke in support of the position. He felt it is unreasonable to expect 8 part-time political people to run an $18 million business. He thinks a county manager working full-time that knows the departments and what is going on will reduce costs. He encouraged the legislators to vote for creating the position. Linda Compton requested that the people have the opportunity to vote on the issue, or to vote for legislators that support the position. Jim Guild spoke in support of the position and feels it will pay for itself. Casey Creamer expressed concern over the public voting on the issue due to lack of knowledge. He felt the legislators are very knowledgeable on the issue since they have been studying the same for years. Grover Odenthal stated that he has not heard any concrete evidence as to what a county manager can do for the taxpayers. He sees concrete evidence that the position will cost money, but only pure speculation that it will save money.
At this point in time the legislators were given the opportunity to make a statement. Legislator Hastings noted that the county spent $12 million in 1995 on Medicaid which is a big burden on the county. She said while the legislators have worked very hard to keep the taxes down and deal with the Medicaid issue, they are only part-time and do not have the ability to tackle these types of problems. She feels the county definitely needs a county manager.
Legislator Young feels that the taxpayers have a right to vote on the issue. He feels that because the county has a small tax base that it cannot afford a county manager.
Legislator Halpin made the following statement, "for the record". "Since I became a member of this Legislature in 1992, we have studied the concept of creating a Manager/Administrator position. I have observed a greater and greater need for this position as time has passed, and government has become more complex.
One of the concerns that I raised while campaigning was that the Legislature was too often reactive, responding to separate issues as they arose, without considering them in a "big picture" context of what was best for the whole county in the long term. Even though this present Legislature works long hours and has learned the job very well, we have not improved in this area. We are still spending most of our time reacting when we should be planning.
Over the years, I have seen many issues that have failed to receive the detailed attention they deserved, and as a result, "fall through the cracks", because no one person had the time, authority or general knowledge of County functions to be able to provide effective oversight, leadership and coordination of all governmental services. We, the Legislature, involve ourselves excessively in minute details of County operations, at the expense of focusing on broad policies and future directions. Our time is spent on concerns that are more management and operational in nature than policy-oriented or future-oriented.
A Manager/Administrator position would be able to expedite many personnel and other management issues, would be able to help institute and monitor cost-cutting measures, and enhance revenues for the County by focusing on opportunities that are now being missed. A Manager/Administrator could enhance coordination across departments, making operations more efficient and improving service delivery to the public.
This Legislature would remain the policy-making body for the County, and the Manager would carry out the policies through the various County departments which she/he would oversee on a day to day basis. The Legislature would actually gain in overall power in the areas that are most important for a policy-making body: focusing on long range visions for the county and developing policies to move the County in the direction of those visions.
I understand and respect the concerns of some of our citizens regarding this proposed change, and I even share some of those same concerns, but, as this Legislature faces a future of dwindling resources with often increasing needs, I am convinced that we need to give this a fair trial.
The Center For Governmental Research, Inc. recently surveyed 36 counties across the State regarding their thoughts on the Manager/Administrator position and had this to say: 'Virtually all of the department heads interviewed as part of the study strongly endorsed the idea of a County Administrator.' Legislators and supervisors in counties around the state who have had experience with either a County Manager or Administrator were overwhelming in their approval of the position and what it had done for their counties. Even some who admitted to being dubious at the beginning said, in effect, 'Now I'm a believer'. Examples of the types of comments made included that there was no doubt that the initiation of the position had led to significant increases in operation efficiencies, increased generation of outside revenues, and cost savings, within a short period of time. Others commented on the improved interdepartmental cooperation that had occurred and the more effective use of staff, often shared across departments. Several commented on the importance of the independent research and analysis that the Administrator was able to devote to particular issues, and then bring the findings back to the Board to enhance Board decision-making. Several supervisors/legislators said that the Administrator/Manager definitely helped them to do their work more effectively, and that the quality of the decisions they make is better as a result. Several commented on how the Administrator helped expedite decision-making and helped eliminate long delays that used to exist for no good reasons. Finally, one person cautioned that this was not a position where a County should be "penny wise and pound foolish"; you get what you pay for, and this is not a place to save pennies; get the best you can and you'll more than reap the benefits of whatever you have to pay."
Therefore, I urge this Legislature to vote to create this position and give this County the chance to judge such a position on its merits. Thank you."
Legislator Compton feels the people are getting the short end of the stick. The job description was changed to eliminate the need for a referendum and he feels the people deserve the right to vote since they pay the bills. They know what they want to see from their government and want the best for the county.
Legislator Burnside noted that change is scary and the legislature is advocating change. He is in favor of a county manager, but cannot ignore the voices of the people for their right to vote. In the meantime I am going to promote, inform and account for the need for a county manager.
Legislator Fitzsimmons made the following statement "for the record". "Ladies and gentlemen, thanks for spending time with us this evening. I appreciate the attention, focus and energy that folks have decided to lend to this process and to this question of whether we shall have a county manager. I will share with you my own experience and perspective. I have been a legislator for 89 months. Out of those 89 months, about 80 of them have included some conversation at some time or another about whether or not we should have a county manager. We run an $18 million business, we leverage $12 million in state and federal funds for the county, we have 20 Department Heads, over 200 employees, and not a level of government, where people can say, yes that person is my boss, that person is the person who runs the county and answers the day to day management questions. I would like to share with you a couple of specific examples of how we work on projects and how the Legislature tries to manage without a manager. One of the first things that came to my attention when I was a new legislator was that we did not bid out health or liability insurances. I asked the question why? Well, it was never done before, it was a service, we weren't legally required to bid it out. I said how do we know we are getting the best bank for the buck? Well, it took some work. 86 months later we are now doing a Request for Proposals on our insurances we spend over a $1 million a year of your money on. My desire for a county manager is to shorten that 86 month conversation to a one or two month period for data collection and process so we can get a job done. I've had the pleasure and the honor and the privilege of serving with 13 legislators so far. I can tell you that we sent inconsistent messages to the Department Heads about focus, our desire in our management style expectations. We don't send a clear message and we would like to have someone in place that is able to do that on an ongoing basis year in and year out. I'll give you a more recent example. We had a conversation in Management and Finance Committee about how to do copying in Schuyler County. We make a little over a million copies a year, 75-80 copies for every woman, man and child. We had to research this question and the committee heard three hours of testimony, angles and issues about the question. We have to share that information with the full Legislature then go back and make a decision about how to do this. Information about the possibility has to be communicated with the Department Heads. We don't have an efficient, effective management system to do that. We don't have a way to do things that gets us moving, gets the job done and handles it efficiently for you. I'd like to point out a couple of questions about financing: $18 million a year is about $1,000 per person with a population of about 18,000 in Schuyler County. We are proposing that we spend 1/2 of 1% of your $1,000 per year investment on a new management system. This equal $5 per resident based on $100,000 per year, not the $50,000 budgeted this year, to say hey, let's try this technique. If 5 legislators don't think it will work next year then those 5 legislators can eliminate the position and say we won't fund it in the next year. If it doesn't work, we won't do it again. I can tell you that if I can't prove to myself and to you that it is an effective tool, then I will make the motion myself to eliminate the position. Additionally, folks have asked that we have a referendum of this question and a petition with 1,239 signatures that feel that we should. And I ask myself the question when was there another time during my time as a legislator where this was done? It was about the airport. My general instinct is to say if there is a matter of consequence that people feel a vital need to participate in the question, why not afford them that opportunity. Then I have to ask myself the next question, well, by the way if we are going to spend $50,000 on a county manager, do you know that we spend more than that on cars, we spend more than that on copiers, and we spend more than that on computers. Do you want us to come back to you with a referendum on every one of those issues? Last year we had a referendum on an $18 million budget, 14 of you showed up for that meeting for the $18 million. 14 people showed up for the county budget hearing. Here we are talking about a $50,000 tool and folks want us to have a referendum. I'm not so sure that is a great idea. I want to say one other thing. We're passengers on a ship, the ship is named government, the passengers have booked passes to efficiency and effectiveness, and a suggestion has come up amongst the passengers to hoist the main sail. Well, the Legislature has made a decision. The sail hoisting committee meets every second Thursday of the month. If they agree to hoist the main sail they will forward that decision to the Management and Finance Committee, they meet every 4th Monday of the month. And the Management and Finance Committee, if they think that ship should hoist that sail, will then forward that question to the full Legislature and if they are in agreement we will hoist the main sail. Folks, it's time to hoist the sail, get the ship moving and get to work. Thank you very much for your time and attention."
Legislator Thurston said he wanted to set the record straight. He received a letter from Mrs. Young regarding campaigning last year and why we are doing this midstream. To clear the record, in the Board of Elections are copies of my campaign literature. I came out of the box in July in 1995 campaigning for the Office of County Manager, based upon being a county employee for a number of years, attending budget hearings the last few years. The Legislature spends a lot of time on very small issues that a county manager could handle. When dealing with 8 part-time people, you are also dealing with 8 opinions, 8 personalities and 8 political affiliations. I am supporting the position for these reasons and more.
Chairman Franzese said she was overwhelmed by the 1,239 signatures on the petition presented tonight and this cannot be ignored. She works for the people and if they want a vote, they should have it. A job description that would give effective authority to the manager, remove the politics and probably meet the ideas proposed originally by the business community would mandate a vote by the pole. The Office of County Manager will only be successful if those paying the bill for it have a voice in the decision. Knowing the uncertainty of state and federal dollars, I could not commit to a manager without the clear cut support of the people.
The meeting recessed at 8:57 p.m. and reconvened at 9:08 p.m.
RESOLUTION NO. 156 Motion by Young, Second by Burnside.
RE: APPROVE MINUTES OF THE APRIL 8, 1996 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the April 8, 1996 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 157 Motion by Burnside, Second by Young.
RE: AUTHORIZE ADVERTISEMENT FOR THE CONSTRUCTION OF SUBSTRUCTURE AND ERECTION OF THE HORNBY ROAD BRIDGE, BIN #3332640/AUTHORIZE CHAIRMAN TO SIGN AGREEMENT FOR FUNDING
WHEREAS, an agreement exists between Sullivan Trail Resource Conservation and Development Council and the Schuyler County Legislature whereby Sullivan Trail has responsibility for the superstructure and Schuyler County will be responsible for the substructure, and
WHEREAS, Sullivan Trail Resource Conservation and Development Council has applied for and been awarded a grant for $50,000 from the U.S. Forest Service for the purpose of designing and fabricating a superstructure, said superstructure would be used as a replacement structure for the existing bridge on Hornby Road, Town of Orange.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be, and hereby is, authorized to advertise for bids for the construction of substructure and erection of Hornby Road Bridge, Town of Orange, bids to be opened at the May 20, 1996 Public Works Committee meeting. The County of Schuyler reserves the right to accept or reject any and all bids, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an agreement with Sullivan Trail Resource and Development Council for the shared responsibility of the bridge and allocation of Timber Bridge funds; subject to approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 158 Motion by Burnside, Second by Young.
RE: AUTHORIZE ADVERTISEMENT FOR CONSTRUCTION OF COUNTY ROAD #22 BRIDGE, BIN #3332590
WHEREAS, Schuyler County accepted a proposal for engineering services for County Road #22 bridge replacement over Tributary to Meads Creek, BIN #3332590, Town of Orange, and
WHEREAS, it is now necessary to advertise for bids for construction of the same.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be authorized to advertise for bids for the construction of County Road 22 bridge, BIN #3332590, and
BE IT FURTHER RESOLVED, that bids will be opened at the May 20, 1996 Public Works Committee meeting. The County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 8-0.
RESOLUTION NO. 159 Motion by Burnside, Second by Young.
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 Homes (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 PIC's SYETP monies, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any documents necessary to secure these SYETP funds through PIC, subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Youth Bureau Director be authorized to hire two Youth Employment Training Coordinators, one to start in May and one in June. Funds for both positions are 100% reimbursable through PIC.
VOTE: Passed 8-0.
RESOLUTION NO. 160 Motion by Burnside, Second by Young.
RE: AUTHORIZE TRANSFER OF FUNDS - FEDERAL PROGRAM MONIES - OFFICE FOR AGING
WHEREAS, NYS Office for the Aging considers any item costing over $500.00 as equipment which is the standard that the Office for the Aging followed in preparing their budget, and
WHEREAS, the County's definition of equipment is any item costing over $100.00, and
WHEREAS, the Office for the Aging needs two items for the well-being and efficient management of two areas, these being a wrist rest for the data entry person and a spray unit for the kitchen.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $300 from account no. 6772.438-supplies to account no. 6772.200-equipment for the purchase of the aforementioned items.
VOTE: Passed 8-0.
RESOLUTION NO. 161 Motion by Burnside, Second by Young.
RE: DECLARE OLDER AMERICANS WEEK IN SCHUYLER COUNTY
WHEREAS, the month of May has been designated as Older Americans Month, and
WHEREAS, the fastest growing segment of the American society consists of older Americans, and
WHEREAS, older Americans have contributed a lifetime to the growth and development of their community and the nation, and
WHEREAS, older Americans continue to contribute to the welfare of their community as volunteers, and
WHEREAS, the Schuyler County Legislature wishes to recognize the older Americans residing in Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby designate the week of May 19 through May 25, 1996 as Older Americans Week in Schuyler County, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature wishes to express its sincere appreciation and gratitude to all Schuyler County Seniors.
VOTE: Passed 8-0.
RESOLUTION NO. 162 Motion by Burnside, Second by Young.
RE: SET SALARY - DEPUTY COMMISSIONER OF SOCIAL SERVICES
BE IT RESOLVED, that this Legislature acknowledge the appointment by Anne G. Balch, Commissioner of Social Services, of William J. Weiss as Deputy Commissioner of Social Services effective May 13, 1996 at an annual salary of $27,500.
VOTE: Passed 8-0.
RESOLUTION NO. 163 Motion by Young, Second by Thurston.
RE: AUTHORIZE TRANSFER OF FUNDS - LEGISLATURE
WHEREAS, the Legislative Office is in receipt of a bill from its labor counsel, Harter, Secrest & Emery Attorneys, in the amount of $8,285.61 for services rendered in February, 1996, and
WHEREAS, there is only $2,516.36 left in Legislative budget line item .435-professional fees and services, with more bills forthcoming from labor counsel for the remainder of the year.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $5,769.25 from Contingency account no. 1990.5 to Legislative account no. 1010.435.
VOTE: Passed 8-0.
RESOLUTION NO. 164 Motion by Young, Second by Thurston.
RE: AUTHORIZE TRANSFER OF FUNDS TO TOWN OF HECTOR (HECTOR GRAZING LANDS)
WHEREAS, the Schuyler County Treasurer has received $4,067.83 in revenues from the United States Forest Service for the sale of timber from the Hector Grazing Lands, and
WHEREAS, in accordance with the provisions set forth in Section 500 of Title 16, United States Code and 7 CFR 3015, these funds must be used for the benefit of public schools and roads, and
WHEREAS, this income is normally used by the Town of Hector for road maintenance in the Hector Land Use Area.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer $4,067.83 to the Town of Hector for road maintenance in the Hector Land Use Area.
VOTE: Passed 8-0.
RESOLUTION NO. 165 Motion by Young, Second by Thurston.
RE: AUTHORIZE TEMPORARY HELP - MOTOR VEHICLE DEPARTMENT
WHEREAS, the Motor Vehicle License Clerk is on a 12-week medical leave of absence for a worker's compensation approved surgery performed on May 4th, and
WHEREAS, the current staff cannot meet the demands on that office for that length of time, and
WHEREAS, the Governmental Operations Committee approves filling the position temporarily through the use of an outside agency.
NOW, THEREFORE, BE IT RESOLVED, that the County Clerk be authorized to utilize the services of Kelly Services for temporary help in the Motor Vehicle Office at the rate of $10.00 per hour for a period of 12 weeks, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $4,200.00 from account no. 1410.100-Personal Services to account no. 1410.435-Professional Fees & Services to cover the costs thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 166 Motion by Young, Second by Thurston.
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, 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 offers its support and encouragement to all consumers, clients and their families, and local service providers as they work together to overcome and manage disabilities and achieve and maintain the highest level of participation in our community.
VOTE: Passed 8-0.
RESOLUTION NO. 167 Motion by Young, Second by Thurston.
RE: CONTRACT - STAFFCARE OF NEW YORK, INC. (AMERICARE)
WHEREAS, the Home Health Agency needs to contract with another agency to provide eight to twelve-hour nursing shifts now, and may need to contract for additional services as the need arises in the future, and
WHEREAS, Staffcare of New York, Inc., d/b/a AmeriCare, will provide these services at their established rates.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Staffcare of New York, Inc., from May 1, 1996, through April 30, 1997, for the provision of home health services; this contract is subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 168 Motion by Hastings, Second by Halpin.
RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 1996 CREATING THE OFFICE OF COUNTY MANAGER FOR THE COUNTY OF SCHUYLER - FAILED
WHEREAS, a proposed Local Law creating the Office of County Manager for the County of Schuyler was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held May 13, 1996, 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. 1/Local Law No. of the Year 1996, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. of the Year 1996, together with the required text thereof in the official county newspaper.
LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. OF THE YEAR 1996
A Local Law to establish the Office of County Manager for the County of Schuyler.
SECTION 1. LEGISLATIVE INTENT
The increasing complexity of County government requires full time professional managerial attention and direct day to day centralized supervision by a person of demonstrated expertise in public administration. Accomplishment of this goal and the promotion of greater efficiency in government will be achieved by the creation of a managerial position which has not previously existed in the Schuyler County governmental structure. Accordingly, the Schuyler County Legislature has determined to create the position of County Manager with the intention that the County Manager be the chief administrative officer of the County. However, the existence and operation of such position shall not curtail, diminish or transfer the power of any elected official or similarly affect the powers conferred by law on any appointed official.
SECTION 2. APPOINTMENT AND TERM OF OFFICE
A. There shall be a County Manager who shall be directly responsible to the Legislature and shall, on behalf of the Legislature, perform the functions of a chief administrative officer. The position of County Manager shall be exempt for Civil Service purposes.
B. The County Manager shall be appointed by the Legislature and shall serve at the pleasure thereof. The term of office for the first County Manager shall commence on the date of appointment and shall expire on December 31 of the year following appointment. Subsequent terms of office shall be for a period of two (2) years. Appointment to fill a vacancy shall be for the remainder of the unexpired term.
C. The County Manager shall hold no other public or political office.
SECTION 3. QUALIFICATIONS
A. At the time of appointment, the County Manager shall have the following training and/or experience:
1. A high school diploma and ten (10) years paid, full time managerial experience in the field of government, private business or industrial enterprise.
or
2. Bachelors degree in the field of Business Administration or Public Administration and have six (6) years paid, full time managerial experience in government, private business or industrial enterprise.
or
3. A Masters degree in Business Administration or Public Administration and four (4) years paid, full time managerial experience in the field of government, private business or industrial enterprise.
or
4. An equivalent combination of training and experience as listed above.
The County Manager shall be appointed on the basis of these and such other qualifications as may be required for the responsibilities of the office.
B. The appointee need not be a resident of Schuyler County at the time of appointment, but shall become so within ninety (90) days of appointment and remain so during the term of office. Failure to become a resident or remain a resident shall be cause for dismissal by the Legislature without other or further notice and without benefit of the removal provisions of the New York State Civil Service Law.
SECTION 4. SALARY
The County Manager shall receive an annual salary to be fixed by the County Legislature.
SECTION 5. POWERS AND DUTIES
Perform all the duties now and hereafter conferred or imposed upon the office by law or directed by the Legislature and shall have all the powers and perform all the duties necessarily implied or incidental thereto. The County Manager will provide and coordinate staff services to the County Legislature and its various committees and shall coordinate the activities of the various County departments and agencies. Among such powers and duties, but not by way of limitation, are the following:
A. Description of Duties:
1. Support, supervise and provide assistance to all Department Heads regarding budget, program and policy. Coordinate the preparation of interdepartmental policies and will, where necessary, make policy recommendations to the County Legislature. Implement necessary administrative procedures as may be required to carry out the policies established by the County Legislature. All Department Heads shall be responsible to and report to the County Manager, excepting the County Attorney who shall be responsible to and report to the Legislature in accordance with County Law Section 500.
2. Submit regular reports and recommendations to Legislature regarding County operations, budget and policies through the meetings of the Legislature and its Standing Committees. Prepare resolutions as directed by the Standing Committee overseeing the office of County Manager.
3. Conduct regular meetings with Department Heads and others deemed necessary. Act as official liaison between the Department Heads and County Legislature.
4. Promote, coordinate and support communication and cooperation among all units of government and between the County and all other levels of government and their agencies and participate in efforts to secure public/private partnerships.
5. Provide day to day management of the activities of County government with a view towards the reduction of cost and size of government pursuant to a missions statement to be formulated.
6. Provide for appropriate budgetary controls and the efficient and economical management of appropriated funds.
7. Make recommendations to the appropriate jurisdictional committee of the Legislature for appointment/dismissal, by the Legislature, of all heads of units of county government not administered by an elected official, except where law specifically directs such action be implemented by another official.
8. Have the administrative responsibility of approving the organization and staffing within any specific department, or agency, or operation, subject to his or her direct administrative control and will have the administrative control of other temporary assignments within the same department, agency or operation or from one department, agency or operation to another.
9. Evaluate all Department Heads pursuant to the Management/Confidential Salary Plan, excluding elected Department Heads or where law specifies otherwise, who report directly to him or her and make recommendations on annual salaries/benefits.
10. Act as Budget Officer for the County -OR- assist the Budget Officer in the preparation of the budget of the County, including but not limited to the development and recommendation of a budget program that includes long-range capital budgeting and annual operating budgets.
11. Participate in, and provide data to the Legislature in the conduct of Collective Bargaining for all unions.
12. Sell or lease surplus, obsolete and unused supplies, materials and equipment under such rules and regulations as the Legislature may require.
13. Provide, as authorized by the Legislature, for the administration of supporting services and facilities for various units of County government, including the installation, operation and maintenance of all data processing equipment, the maintenance and operation of facilities for the central reproduction of printed materials, the central receipt, distribution, processing and collection of mail and messages and the supervision of all operation personnel with respect thereto.
14. Approve staff travel for all County employees.
15. Assist with current grant proposals and seek out new opportunities for the same.
16. Perform the ministerial duty of executing contracts in the name of the County, when such contracts have been authorized by the Legislature or an appropriate Standing Committee.
17. Attend all Regular and Special Meetings of the County Legislature.
18. Attend such Committee Meetings as the Legislature may direct.
19. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the Legislature.
B. To appoint a Confidential Secretary who shall serve at the pleasure of the County Manager and who shall be paid out of funds appropriated for that purpose, if such funds are appropriated for that purpose.
C. In consultation with the Chairman of the Legislature to determine what officer shall perform a duty not clearly defined or specified by law.
D. To aid the Legislature in evaluating proposals and make recommendations concerning same.
E. To serve as an advisor to the Legislature in developing policies and procedures promoting economy and efficiency in government.
F. To undertake administrative and management studies and to make recommendations regarding the results thereof to the Legislature.
G. To maintain liaison and represent the Legislature in contacts with political subdivisions and state and federal officials and agencies.
H. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the Legislature.
SECTION 6. SCOPE OF AUTHORITY
Any dispute or disagreement regarding the authority of the County Manager, the scope of the Manager's duties or authority, or the relationship between the County Manager and the Chairman of the Legislature, Committee Chairman or individual Legislators shall be finally determined by the County Legislature sitting en banc. This section is specifically intended to address chain of command issues.
SECTION 7. NO DIVESTITURE OF ELECTED OFFICIAL'S POWER
Nothing contained in this Local Law shall operate or be construed to divest or curtail the power of any elected or appointed official nor to constitute an impermissible delegation of legislative authority.
SECTION 8. SEPARABILITY OF PROVISIONS
If any clause, sentence, paragraph, subdivision, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall be been rendered.
SECTION 9. CONFLICT WITH PREVIOUS LOCAL LAWS OR RESOLUTIONS
In the event of a conflict or inconsistency between this Local Law and any previous Local Law or Resolution of the Board of Legislators, this Local Law shall govern.
SECTION 10. EFFECTIVE DATE
This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully and it has been duly filed as provided by the Municipal Home Rule Law.
VOTE: Failed 4-4. (Names of Noes: Compton, Young, Burnside, Franzese)
RESOLUTION NO. 169 Motion by Thurston, Second by Fitzsimmons.
RE: SET SPECIAL MEETING DATE OF THE LEGISLATURE
WHEREAS, the County must accept/reject bids for two bridge projects by June 1, 1996 in order to meet completion dates set forth by the federal government for grant purposes.
NOW, THEREFORE, BE IT RESOLVED, that a Special Meeting of the Schuyler County Legislature be held on May 28, 1996 at 4:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY for the following items:
1. Financing Hornby Road and CR #22 bridge projects, and
2. Accepting/rejecting bids for the Hornby Road and County Road #22 bridge projects, and
BE IT FURTHER RESOLVED, that the Clerk to the Legislature be directed to publish appropriate notice of said Special Meeting in the legal newspaper.
VOTE: Passed 8-0.
RESOLUTION NO. 170 Motion by Thurston, Second by Fitzsimmons.
RE: AUTHORIZE TRANSFER OF FUNDS - LEGISLATURE
WHEREAS, the Legislative Office is in receipt of the premium invoice for its Public Officials Liability insurance, and
WHEREAS, the premium came in $740.00 over what was anticipated and budgeted for, and
WHEREAS, there is no money available within the Legislative budget to cover this unanticipated expense.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $674.00 from Unallocated Insurance account no. 1910.424 and $66.00 from Unallocated Insurance account no. 1910.419 to Legislative account no. 1010.418.
VOTE: Passed 8-0.
RESOLUTION NO. 171 Motion by Thurston, Second by Fitzsimmons.
RE: RESOLUTION IN SUPPORT OF A.9835/AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW AND THE PUBLIC SERVICE LAW IN RELATION TO A RESTRUCTURING PLAN FOR THE NEW YORK POWER AUTHORITY
WHEREAS, there is an assembly bill (A.9835) being considered which would amend the Public Authorities Law and the Public Service Law to require a restructuring plan for the New York Power Authority to be submitted by September 1, 1997, and
WHEREAS, this bill, if enacted, would preserve Niagara and St. Lawrence hydropower, honor all contracts and commitments for power and services, require a plan for the sale of non-hydro generation facilities and transmission facilities, ensure reliability in specific local areas, and establish an electric industry employee training center, and
WHEREAS, this bill, if enacted, would also establish the Energy 2000 Fund to speed rate reduction which would provide loan guarantees for private sector refinancing of IPP and utility costs, conduct a competitive application process for loan guarantees based upon proposals which reduce costs to consumers the most and provide financial assistance for energy projects which create jobs and reduce costs to consumers.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby support Assembly Bill 9835 to amend the Public Authorities Law and the Public Service Law in relation to a restructuring plan for the New York Power Authority, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature be directed to send certified copies of this resolution to NYS Assemblymen Silver, Tonko, Bragman, Koon, John, Gromack, Sidikman, Morelle and Bacalles.
VOTE: Passed 8-0.
RESOLUTION NO. 172 Motion by Young, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH NEGOTIATION CONSULTANT
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Michael Krusen for negotiation consultant services in an amount not to exceed $3,000.00, subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $3,000.00 from Contingency account no. 1990.5 to Legislative account no. 1010.435 to cover the cost thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 173 Motion by Young, Second by Halpin.
RE: APPROVE SCHUYLER COUNTY/SCIDA FISHING PIER PURCHASE AND SALE AGREEMENT
WHEREAS, the Schuyler County Industrial Development Agency (SCIDA) heretofore approached this Legislature to purchase the SCIDA financed Fishing Pier located in Seneca Harbor Park, Watkins Glen, N.Y., at a cost of $25,000.00, and
WHEREAS, a Memorandum of Understanding for the above-stated purposed was entered on July 20, 1995, among and between the County of Schuyler, SCIDA and Five Lakes Development Corporation (said Memorandum of Understanding subject to the terms of a County Attorney Legal Memorandum dated June 8, 1995), and
WHEREAS, it has been determined that the County of Schuyler may legally purchase the premises in question, provided that the transaction is undertaken in compliance with General Municipal Law Section 870, and other applicable laws and practices pertaining to municipal acquisitions, and
WHEREAS, the Legislative Committee of the Schuyler County Legislature did, on February 16, 1996, unanimously authorize the Chairman of the Legislature and the County Attorney to negotiate and clarify the terms and conditions of such transaction, and
WHEREAS, SCIDA is ready, willing and able to convey its interest in the premises free of any bonded debt or other similar financial obligations, with Lease Assignment Revenues first to be applied by the County to the repayment of Fund Balance, and
WHEREAS, the parties have memorialized their respective intentions in an Agreement attached hereto and incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby approve the terms and conditions of the attached Purchase and Sale Agreement and does authorize the Chairman of the Schuyler County Legislature to enter into said Agreement with a view toward closing the transaction at the mutual convenience of the parties in accordance with paragraph 5 of said Agreement hereunto annexed (on file), and
BE IT FURTHER RESOLVED, that $25,000 of 1995 Fund Balance was authorized to fund this purpose until repayment is completed. (Attached Agreement on File).
VOTE: Passed 8-0.
RESOLUTION NO. 174A Motion by Young, Second by Halpin.
RE: TABLE RESOLUTION NO. 174
BE IT RESOLVED, that Resolution No. 174 be tabled.
DISCUSSION: Legislator Young asked Doris Craig for her input. Doris said that the Mental Health Department has 2 staff psychiatrist titles in the non-competitive classification. Resolution No. 121 was to create a 3rd position. Jim Garrity of the State Civil Service Office advised her to remind the legislators that to contract for these services is in direct violation of Civil Service Law. There is a long history of court cases and legal opinions on this issue. She has since put an opinion into the County Attorney, but he needs time to research this and recommends tabling Resolution No. 174.
VOTE: Passed 5-3. (Names of Noes: Fitzsimmons, Halpin, Franzese)
RESOLUTION NO. 174 Motion by Young, Second by Halpin.
RE: RESCIND RESOLUTION NO. 121-96/CREATE STAFF PSYCHIATRIST - PART TIME POSITION - MENTAL HEALTH - TABLED
BE IT RESOLVED, that Resolution No. 121-96 titled "Create Staff Psychiatrist - Part Time Position - Mental Health" be, and hereby is, rescinded.
RESOLUTION NO. 175 Motion by Young, Second by Halpin.
RE: SUPPORT REQUEST FOR ASSISTANCE - NYS THRUWAY AUTHORITY
WHEREAS, the Villages of Watkins Glen and Montour Falls seek the assistance of the New York State Thruway Authority to clean the debris from the canal connecting the two villages, and
WHEREAS, the debris accumulated in the canal is significant and poses a threat to the safety of canal users.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby support this request of the Thruway Authority, and
BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the New York State Thruway Authority, Assemblyman James Bacalles and Senator John R. Kuhl, Jr.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Burnside said the county has received $7,443 for flood damage. He also noted that the Records Manager position is full-time for the rest of the year using encumbered grant funds. Legislator Halpin reported that sales tax is up 7.11% from last year. She also challenged each legislator to come to her with a $25,000 reduction in appropriations or increase in revenues towards the 1997 budget by July 1, 1996. Legislator Fitzsimmons announced that the Planning Director had a baby girl named Hannah. He also advised that the Community Development and Natural Resources Committee meets with certain groups every month and will have economic development representatives at this month's meeting. Legislator Young reported that the boiler in the County Office Building is stable for now and they are proceeding with the engineering for the needed new boiler. Legislator Hastings noted that a NYSDOH representative will be attending the Health Services June committee meeting to discuss with them any possible combinations between Home Health and Mental Health.
UNFINISHED BUSINESS: None.
NEW BUSINESS: None.
PUBLIC PARTICIPATION - 9:30 P.M.: Mike Myers asked the County Attorney what it would take to have the local law on the county manager on the ballot for November, 1996. Attorney Coleman said the Legislature can re-introduce a local law at any time. The ways to trigger a referendum would be to change the job description to curtail responsibility of an appointed or elected official, or to take action under the Alternative Government Law.
Legislator Hastings was excused at 9:34 p.m.
Casey Creamer asked how the Legislature was going to get all the years of study on the issue of county manager out to the public. Lory Peck challenged the Legislature to have the local law creating the office of county manager on the ballot in November.
The meeting adjourned at 9:56 p.m.
Gail M. Willis, Clerk
SPECIAL MEETING
MAY 28, 1996
The May 28, 1996 Special Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 4:03 p.m. The Pledge of Allegiance was led by Legislator Fitzsimmons and followed by a Moment of Silence. All Legislators were present except for Legislators Hastings and Thurston, who were excused. County Attorney Coleman was also present.
PUBLIC PARTICIPATION - 4:04 P.M.: None.
RESOLUTION NO. 176 Motion by Young, 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 item of business:
1. Financing Hornby Road and CR #22 bridge projects, and
2. Accepting/Reject Bids for the Hornby Road and CR #22 projects, and
3. Request Assistance from NYSDOT Regarding Odessa Hill Bridge.
VOTE: Passed 6-0.
RESOLUTION NO. 177 Motion by Young, Second by Burnside.
RE: A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF BRIDGES IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $275,000, AND AUTHORIZING THE ISSUANCE OF $275,000 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 the Hornby Road Bridge ($135,000) and the County Route 22 Bridge ($140,000) in and for the County of Schuyler, New York, including retaining walls or approaches thereto, as well as incidental costs in connection therewith, is hereby authorized at a total maximum estimated cost of $275,000.
Section 2. SEQR Determination: It is hereby determined that the aforesaid purposes constitute Type II actions as defined under the SEQR regulations of the State of New York which, by definition, will not have a significant adverse impact upon the environment.
Section 3. The plan for the financing of such maximum estimated cost is by the issuance of $275,000 serial bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law and to be allocated as set forth in Section 1 hereof; provided, however, that the ultimate amount of serial bonds to be issued shall be reduced to the extent available funds of the County are appropriated and made available therefor.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is fifteen years, pursuant to subdivision 35 (for the Hornby Road Bridge) and twenty years, pursuant to subdivision 10 (for the County Route 22 Bridge) 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. All other matters except as provided herein relating 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 annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 7. 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 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 an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 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 6-0.
RESOLUTION NO. 178 Motion by Young, Second by Burnside.
RE: ACCEPT/REJECT BIDS FOR THE CONSTRUCTION OF SUBSTRUCTURE AND ERECTION OF THE HORNBY ROAD BRIDGE, BIN #3332640
WHEREAS, Resolution No. 157-96 authorized advertisement for bids for the construction of substructure and erection of the Hornby Road Bridge, BIN #3332640, and
WHEREAS, bids were received and opened at the May 20, 1996 Public Works Committee meeting and given to Hunt Engineers for tabulation.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of Hunt Engineers, this Legislature hereby accept the bid from Silverline Construction, 4299 Newtown Road, Burdett, NY 14818 in the amount of $133,394.00 for the construction of substructure and erection of the Hornby Road Bridge, BIN #3332640, Town of Orange, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
G. DeVincentis & Son Construction, Inc., 7 Belden Street, Binghamton, NY 13903 -
$139,240
Penn Yan Builders, Inc., 150 Sheppard St., P.O. Box 3, Penn Yan, NY 14527 - $138,109.66
VOTE: Passed 6-0.
RESOLUTION NO. 179 Motion by Young, Second by Burnside.
RE: ACCEPT/REJECT BIDS FOR CONSTRUCTION OF COUNTY ROAD #22 BRIDGE, BIN #3332590
WHEREAS, Resolution No. 158-96 authorized advertisement for bids for the construction of County Road #22 Bridge, BIN #3332640, and
WHEREAS, bids were received and opened at the May 20, 1996 Public Works Committee meeting and given to Hunt Engineers for tabulation.
NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of Hunt Engineers, this Legislature hereby accept the bid from Silverline Construction, 4299 Newtown Road, Burdett, NY 14818 in the amount of $138,922.00 for the construction of County Road #22 Bridge, BIN #3332590, Town of Orange, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
G. DeVincentis & Son Construction, Inc., 7 Belden Street, Binghamton, NY 13903 -
$169,188
Penn Yan Builders, Inc., 150 Sheppard St., P.O. Box 3, Penn Yan, NY 14527 - $160,612.40
VOTE: Passed 6-0.
RESOLUTION NO. 180 Motion by Young, Second by Burnside.
RE: ASSISTANCE REQUEST OF NYS DEPARTMENT OF TRANSPORTATION INTERIM REGIONAL DIRECTOR OF REGION 6 FOR THE ODESSA HILL (STATE ROUTE 224) BRIDGE
WHEREAS, the Odessa Hill (State Route 224) is a main state route within Schuyler County, and
WHEREAS, the 18-ton structural weight limited posted upon the Odessa Hill bridge located on State Route 224 is viewed by the towns, villages and county as an economic hardship to area businesses, buses and municipalities that have to find another route around this bridge, and
WHEREAS, the additional heavy traffic over local roads will add to the maintenance cost for repairs by local municipalities, and
WHEREAS, the current schedule presented by NYSDOT for completion of this bridge replacement is in 1998, and
WHEREAS, it is agreed by the Schuyler County municipalities that the posted bridge must be addressed as soon as possible.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby ask NYSDOT Interim Regional Director for Region 6, Fred Ames, to help prioritize the Odessa Hill bridge (State Route 224) for completion as soon as possible, or if this can not be accomplished, see that it be retrofitted to restore it quickly to full capacity until its scheduled reconstruction in 1998, and
BE IT FURTHER RESOLVED, that a copy of this resolution for assistance be forwarded to Governor Pataki, Senator John Kuhl, Assemblyman James Bacalles and Schuyler County municipalities.
VOTE: Passed 6-0.
PUBLIC PARTICIPATION - 4:14 P.M.: None.
The meeting adjourned at 4:14 p.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
JUNE 10, 1996
The June 10, 1996 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 Thurston and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.
ANNOUNCEMENT OF EMERGENCY RESOLUTIONS: Chairman Franzese announced two emergency resolutions by title.
PUBLIC PARTICIPATION - 6:32 P.M.: Hazel Shader on Introduction Numbers 2 and 4, would like to know why the county has to spend so much money on the public health services? Chairman Franzese said that 40% reimbursement is given back to the local government. Legislator Hastings stated that the services are required by State Law. She said that if we do not provide intervention, then it will cost local government more money in the long run. Hazel Shader on Introduction Number 20, asked what is the Center for Governmental Research and where is the money coming from to pay for this? Legislator Halpin explained that this is a group of people that we can contract with that will come here and assess our operations. She said that since there is no county manager, the feeling of the committee was that the money allocated for that position could be used to allow this group to come in and look at our operations. Tom Ryan on Introduction Numbers 1-4, asked if there are any State and Federal monies involved? Legislator Hastings said there were. Tom asked if the resolution could state that when the funding stops, the program will stop? Chairman Franzese said that there are people involved, and that we cannot do that to these people. Hazel Shader asked that if a County Manager was hired, was the staff in the Legislative office still going to be used for administrative support? Legislator Halpin said this has the same intent as the original local law. Casey Creamer on the County Manager position, said that as a Legislative body they decided to do a referendum, but why go to a binding referendum versus a permissive referendum? Who would fire this person? County Attorney Coleman said the appointing authority could fire this person, which is the Legislative body. Casey Creamer said that if this went as a non-binding referendum, then we would not have to change the job description. County Attorney Coleman said if the job description was not changed and they made it a mandatory referendum, it would open the law up for argument. If the job description is changed sufficiently to require a mandatory referendum and then someone objects, the law would be able to stand up in court. He described how the changes to the job description came about. Richard Little said the Mayor of Odessa had organized a Pride Day for the Village and they went through and painted and planted flowers. He said that afterwards a group of juveniles went through and smashed things. He would like a more visual appearance of authorities in the Village. He does not want to go through what went on last summer. Legislator Hastings said the Village of Montour Falls has the same problem and they are trying to formulate a committee to try and do things locally. Richard said they have a neighborhood watch program that is also looking at things. Public Participation ended at 7:06 p.m.
Chairman Franzese announced that at this point she will draw the term limits for the districts as stated by the Staggered Term Local Law for legislators. Upon drawing, the four-year term is for District III, the three-year term is for District I, and the two-year term is for District II. Legislator Hastings said the town supervisors unanimously support this proposition on the ballot and they also support the county manager's position without it going on the ballot.
RESOLUTION NO. 181 Motion by Young, Second by Halpin.
RE: APPROVE MINUTES OF THE MAY 13, 1996 REGULAR MEETING AND MAY 28, 1996 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the May 13, 1996 Regular Meeting and the May 28, 1996 Special Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 182 Motion by Hastings, Second by Thurston.
RE: CONTRACT - KELLY GIBSON BATEMAN FOR PRESCHOOL OCCUPATIONAL THERAPY
WHEREAS, Schuyler County must provide occupational therapy to eligible preschool children according to Section 4410 of the Education Law, and
WHEREAS, Kelly Gibson Bateman 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 Kelly Gibson Bateman to provide preschool occupational therapy services from July 1, 1996 through June 30, 1997 at the rate of $35 per half hour session; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 183 Motion by Hastings, Second by Thurston.
RE: CONTRACT - KELLY GIBSON BATEMAN 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 Kelly Gibson Bateman, to provide early intervention services, effective July 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. 184 Motion by Hastings, Second by Thurston.
RE: CONTRACT - TARA LYNN OSBURN 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, Tara Lynn Osburn 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 Tara Lynn Osburn to provide preschool special education services from July 1, 1996 through June 30, 1997 at the rate of $35 per half hour session; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 185 Motion by Hastings, Second by Thurston.
RE: CONTRACT - TARA LYNN OSBURN 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 Tara Lynn Osburn, to provide early intervention services, effective July 1, 1996, 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. 186 Motion by Hastings, Second by Burnside.
RE: INCREASE HOME HEALTH AGENCY RATES
WHEREAS, the Home Health Agency must increase some of its rates so that the rates per visit will exceed the cost per visit.
NOW, THEREFORE, BE IT RESOLVED, that the Home Health Agency shall increase its rates effective July 1, 1996, as follows:
Skilled Nursing $65/visit
Home Health Aide $32/hour
Personal Care Aide I $32/hour
Personal Care Aide II $32/hour
VOTE: Passed 8-0.
RESOLUTION NO. 187 Motion by Hastings, Second by Burnside.
RE: AUTHORIZATION TO FILL PSYCHIATRIC CLINICIAN VACANCY - MENTAL HEALTH
WHEREAS, there is a vacancy at the Mental Health Clinic due to the resignation of a purchase-of-state staff item, and
WHEREAS, due to budgetary and staff reductions, transfers, retirements, and several uncertainties, there are no state staff interested in this position, and
WHEREAS, the option is available to receive funding locally which would be equivalent to this position, thereby enabling us to fill a position at no additional cost to the county, and
WHEREAS, this professional, clinical staff position is necessary and essential to the operation of the clinic, to maintain services and revenues.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the filling of a vacant Psychiatric Clinician position in the Mental Health Clinic, grade level 28 at an annual salary of $27,717, effective immediately, as long as state funded, and
BE IT FURTHER RESOLVED, the Schuyler County Treasurer be, and hereby is, authorized to amend the 1996 Mental Health budget as follows:
Amount Account
+$27,717 4310.100 Personal Service
+ 8,195 Various Fringe Benefit Accounts
+$35,912 410-3490 State Aid Revenue
DISCUSSION: Legislator Halpin asked if the benefits were being paid for by the State? Duane Spilde said they were.
VOTE: Passed 7-0. (Abstention: Fitzsimmons)
RESOLUTION NO. 188 Motion by Hastings, Second by Burnside.
RE: RESOLUTION IN MEMORY OF RAYMOND A. BAILEY
WHEREAS, Raymond A. Bailey served as a Schuyler County Legislator from January 1, 1978-December 31, 1989, and
WHEREAS, Mr. Bailey was a member of the Schuyler County Youth Board for all of those years plus more, and
WHEREAS, Ray, as we knew him, was an advocate for youth, always, teaching for 31 years and serving as a Department Head for the Watkins Glen Central School District, organizing the Pep Band, Football Band, and Concert Band, and
WHEREAS, Ray was also active with Meals on Wheels, BPOE #1546, Retired Teachers Association, Office for the Aging, VFW, Boy Scouts, American Legion, Friends of the Watkins Glen Library, Chamber of Commerce, and served as Chairman of the Nominating Committee of the NYS Supervisors and Legislators Association, Chairman of the Southern Tier Central Regional Board, and Director of the Schuyler County RSVP.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature and the Schuyler County Youth Board hereby honor Raymond A. Bailey with this resolution, and
BE IT FURTHER RESOLVED, that at the end of every meeting we think of Ray who always ended our meetings by picking up his pipe and saying "I move this meeting be adjourned."
VOTE: Passed 8-0.
RESOLUTION NO. 189 Motion by Hastings, Second by Burnside.
RE: DECLARE EQUIPMENT SURPLUS - DSS
BE IT RESOLVED, that this Legislature hereby declare surplus an old wooden desk in the Department of Social Services and remove the same from fixed assets 6010.05.49, and
BE IT FURTHER RESOLVED, that this Legislature further declare a blue 1990 Chevrolet Cavalier, vehicle ID#1G1JC54G2L7165973 in the Department of Social Services surplus, remove the same from fixed assets 6010.11.03 and transfer to the Watershed Department if feasible.
VOTE: Passed 8-0.
RESOLUTION NO. 190 Motion by Young, Second by Thurston.
RE: ACCEPT PROPOSALS FOR 1996 ENGINEERING SERVICES
WHEREAS, the Schuyler County Highway Department is frequently in need of
engineering services with a 1996 budget of $50,000 and Resolution No. 38 authorized advertisement for such services, and
WHEREAS, it is the recommendation of the Highway Superintendent to accept proposals for such services.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept proposals from the following firms for 1996 engineering services and job completion rates on an hourly basis:
1) Labella Associates, P.C., 300 State Street, Rochester, New York 14614
2) Hunt Engineers and Architects, 185 East Corning Road, Corning, New York 14830, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute agreements with the aforementioned firms; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 191 Motion by Young, Second by Thurston.
RE: CHANGE IN LINE ITEM DESCRIPTION WITHIN 1996 BUDGET/PERMANENT IMPROVEMENTS - HIGHWAY
WHEREAS, the 1996 County Road Fund for the Highway Department provides for reconstruction of County Road 14 (D5112.0343) in the amount of $80,000, and
WHEREAS, the weight limit on State Route 224 bridge has required the use of County Road 14 by truck traffic postponing the road work on said road, and
WHEREAS, the Public Works Committee has approved said project and monies be used for County Road 18.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to change the line item description in the 1996 County Road Fund budget to read as follows:
$80,000-Permanent Improvements D5112.0343 County Road 18.
VOTE: Passed 8-0.
RESOLUTION NO. 192 Motion by Young, Second by Thurston.
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, 1995 through March 31, 1996, 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" (on Page 238).
VOTE: Passed 8-0.
RESOLUTION NO. 193 Motion by Young, Second by Thurston.
RE: APPOINTMENT - MEDICAL SCHOLARSHIP COMMITTEE
BE IT RESOLVED, that this Legislature hereby appoint Brian O'Donnell to the Medical Scholarship Committee effective immediately to fill the unexpired term of Irving Goodrich ending December 31, 1996.
VOTE: Passed 8-0.
RESOLUTION NO. 194 Motion by Fitzsimmons, Second by Thurston.
RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 1996 TO ESTABLISH THE OFFICE OF COUNTY MANAGER FOR THE COUNTY OF SCHUYLER
WHEREAS, the Schuyler County Legislature wishes to create the Office of County Manager for Schuyler County subject to a mandatory referendum of the people.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the Year 1996, 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 July 8, 1996 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
LOCAL LAW INTRO NO. 2 OF THE YEAR 1996
A Local Law to establish the Office of County Manager for the County of Schuyler.
SECTION 1. LEGISLATIVE INTENT
The increasing complexity of County government requires full time professional managerial attention and direct day to day centralized supervision by a person of demonstrated expertise in public administration. Accomplishment of this goal and the promotion of greater efficiency in government will be achieved by the creation of a managerial position which has not previously existed in the Schuyler County governmental structure. Accordingly, the Schuyler County Legislature has determined to create the position of County Manager with the intention that the County Manager be the chief administrative officer of the County.
SECTION 2. APPOINTMENT AND TERM OF OFFICE
A. There shall be a County Manager who shall be directly responsible to the Legislature and shall, on behalf of the Legislature, perform the functions of a chief administrative officer. The position of County Manager shall be exempt for Civil Service purposes.
B. The County Manager shall be appointed by the Legislature and shall serve at the pleasure thereof. The term of office for the first County Manager shall commence on the date of appointment and shall expire on December 31 of the year following appointment. Subsequent terms of office shall be for a period of two (2) years. Appointment to fill a vacancy shall be for the remainder of the unexpired term.
C. The County Manager shall hold no other public or political office.
SECTION 3. QUALIFICATIONS
A. At the time of appointment, the County Manager shall have the following training and/or experience:
1. A high school diploma and ten (10) years paid, full time managerial experience in the field of government, private business or industrial enterprise.
or
2. Bachelors degree in the field of Business Administration or Public Administration and have six (6) years paid, full time managerial experience in government, private business or industrial enterprise.
or
3. A Masters degree in Business Administration or Public Administration and four (4) years paid, full time managerial experience in the field of government, private business or industrial enterprise.
or
4. An equivalent combination of training and experience as listed above.
The County Manager shall be appointed on the basis of these and such other qualifications as may be required for the responsibilities of the office.
B. The appointee need not be a resident of Schuyler County at the time of appointment, but shall become so within ninety (90) days of appointment and remain so during the term of office. Failure to become a resident or remain a resident shall be cause for dismissal by the Legislature without other or further notice and without benefit of the removal provisions of the New York State Civil Service Law.
SECTION 4. SALARY
The County Manager shall receive an annual salary to be fixed by the County Legislature.
SECTION 5. POWERS AND DUTIES
Perform all the duties now and hereafter conferred or imposed upon the office by law or directed by the Legislature and shall have all the powers and perform all the duties necessarily implied or incidental thereto. The County Manager will provide and coordinate staff services to the County Legislature and its various committees and shall coordinate the activities of the various County departments and agencies. Among such powers and duties, but not by way of limitation, are the following:
A. Description of Duties:
1. Support, supervise and provide assistance to all Department Heads regarding budget, program and policy. Coordinate the preparation of interdepartmental policies and will, where necessary, make interdepartmental policy and implement necessary administrative procedures as may be required to carry out the policies established by the County Legislature. All Department Heads shall be responsible to and report to the County Manager, excepting the County Attorney who shall be responsible to and report to the Legislature in accordance with County Law Section 500. The County Manager shall have general charge of the various departments of County government.
2. Submit regular reports and recommendations to Legislature regarding County operations, budget and policies through the meetings of the Legislature and its Standing Committees. Prepare resolutions as directed by the Standing Committee overseeing the office of County Manager.
3. Conduct regular meetings with Department Heads and others deemed necessary in lieu of the Chairman of the Legislature. Act as official liaison between the Department Heads and County Legislature.
4. Promote, coordinate and support communication and cooperation among all units of government and between the County and all other levels of government and their agencies and participate in efforts to secure public/private partnerships.
5. Provide day to day management of the activities of County government with a view towards the reduction of cost and size of government pursuant to a missions statement to be formulated.
6. Provide for appropriate budgetary controls and the efficient and economical management of appropriated funds.
7. Make recommendations to the appropriate jurisdictional committee of the Legislature for appointment/dismissal, by the Legislature, of all heads of units of county government not administered by an elected official, except where law specifically directs such action be implemented by another official.
8. Have the administrative responsibility of approving the organization and staffing within any specific department, or agency, or operation, subject to his or her direct administrative control and will have the administrative control of other temporary assignments within the same department, agency or operation or from one department, agency or operation to another.
9. Evaluate all Department Heads pursuant to the Management/Confidential Salary Plan, excluding elected Department Heads or where law specifies otherwise, who report directly to him or her and make recommendations on annual salaries/benefits.
10. Act as Budget Officer for the County -OR- assist the Budget Officer in the preparation of the budget of the County, including but not limited to the development and recommendation of a budget program that includes long-range capital budgeting and annual operating budgets.
11. Participate in, and provide data to the Legislature in the conduct of Collective Bargaining for all unions.
12. Sell or lease surplus, obsolete and unused supplies, materials and equipment under such rules and regulations as the Legislature may require.
13. Provide for the administration of supporting services and facilities for various units of County government, including the installation, operation and maintenance of all data processing equipment, the maintenance and operation of facilities for the central reproduction of printed materials, the central receipt, distribution, processing and collection of mail and messages and the supervision of all operation personnel with respect thereto.
14. Approve staff travel for all County employees.
15. Assist with current grant proposals and seek out new opportunities for the same.
16. Perform the ministerial duty of executing contracts in the name of the County, when such contracts have been authorized by the Legislature or an appropriate Standing Committee.
17. Attend all Regular and Special Meetings of the County Legislature.
18. Attend such Committee Meetings as the Legislature may direct.
19. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the Legislature.
B. To appoint a Confidential Secretary who shall serve at the pleasure of the County Manager and who shall be paid out of funds appropriated for that purpose, if such funds are appropriated for that purpose.
C. Determine what officer shall perform a duty not clearly defined or specified by law.
D. To aid the Legislature in evaluating proposals and make recommendations concerning same.
E. To serve as an advisor to the Legislature in developing policies and procedures promoting economy and efficiency in government.
F. To undertake administrative and management studies and to make recommendations regarding the results thereof to the Legislature.
G. To maintain liaison and represent the Legislature in contacts with political subdivisions and state and federal officials and agencies.
H. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the Legislature.
SECTION 6. SCOPE OF AUTHORITY
Any dispute or disagreement regarding the authority of the County Manager, the scope of the Manager's duties or authority, or the relationship between the County Manager and the Chairman of the Legislature, Committee Chairman or individual Legislators shall be finally determined by the County Legislature sitting en banc. This section is specifically intended to address chain of command issues.
SECTION 7. ELECTED OFFICIAL'S POWER
Nothing contained in this Local Law shall operate or be construed to divest or curtail the power of any elected or appointed official except as provided herein.
SECTION 8. SEPARABILITY OF PROVISIONS
If any clause, sentence, paragraph, subdivision, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall be been rendered.
SECTION 9. CONFLICT WITH PREVIOUS LOCAL LAWS OR RESOLUTIONS
In the event of a conflict or inconsistency between this Local Law and any previous Local Law or Resolution of the Board of Legislators, this Local Law shall govern.
SECTION 10. EFFECTIVE DATE
This Local Law shall be submitted for the approval of the qualified electors of the County of Schuyler at a general election to be held November, 1996. If this law is approved by the affirmative vote of the majority of the qualified electors in the County voting thereon, this law shall become effective immediately.
DISCUSSION: Legislator Hastings said "For the Record" that she would like first to apologize to Legislator Halpin for she knows that she would not have placed this important position on the table without the support of five votes. It certainly was not the intention of some of the legislators to once again be center ring in the big tent. She said the legislators are the elected leaders of this county and with that responsibility comes the decision to vote yes or no on any new policies that appear on this agenda. Like one great President said, "The buck stops here" and if you can't take the heat from the oven, get out of the kitchen. Public Hearings are held to give the legislators the feeling of their constituents in regard to the decisions they must make on policies. Their public hearing did not even grant the right of a vote from those who took the time to appear and care. A past legislator with two years on the board had a powerful impact with petitions of 1,200 names asking for this position of manager to be placed on the ballot. A public hearing is held to listen to both sides, without petitions asking the appropriate questions. They have nothing to weigh these petitions with. Interestingly enough, the gentleman who handed the petitions in left without hearing both sides. She appreciates those who did speak at the hearing. One gentleman who has attended other county meetings stated that he signed the petition, but after attending the hearing, decided the county needs a manager and that this legislature should handle the problem. She feels that this whole scene has caused much upset and misunderstanding in our beautiful county of Schuyler. She fully places the blame on this Legislature. This county is known throughout this area as a county that is not business friendly. So, therefore, it is no surprise that Five Lakes and the Coalition took a lot of verbal rhetoric. She said that without Five Lakes we were in a great deal of trouble in this county. She said that we are just beginning to see some of it cleaned up. The majority of their members have invested $10,000 or more towards trying to enlarge our intake of sales tax and increase jobs. Without sales tax our property taxes would increase greatly. At a time when other counties are doing anything and everything to bring business to their counties, we find fault with ours. She said that on her last trip to Albany, Legislator Thurston was approached by other counties asking what they needed to do to encourage Corning Incorporated to move the race track to their county. She feels we desperately need a manager who is business friendly to help all of us survive in this county. She said that you as legislators were voted into office last November to make that decision, so therefore, she will be voting no on this resolution and tries to encourage all of the other legislators to accept their responsibility in this matter. Legislator Halpin said that when we changed paragraph "a" to make it read interdepartmental policy, she asked another manager what it would mean. This manager said he would need to be told what it means; so what does it mean? County Attorney Coleman said making interdepartmental policies will be an on the job task. The manager will settle disagreements between departments. He said one parameter is that policies made by this individual are subject to the review of the Legislature. Legislator Halpin feels we are creating something that we do not know much about. She is not convinced that 13% of the voters makes a mandate and that this position should have more authority than any other manager in the State of New York. She feels this could have gone on the ballot without changing the job description. She is not convinced that it is good policy to have the public vote on something they know nothing about. She feels this could wait another year then there would be another year to educate the voters. She said this Legislature did not ask for revisions of this Local Law. She will vote yes on this even though she does not support it, if it is the only way the county is going to get a County Manager. Legislator Young said that he always voted no on this, but will be voting yes because the people deserve a vote. Legislator Thurston said that he is in support of the County Manager. He has always spoken in favor of a manager, but is opposed to this going on public referendum. He will vote yes if this is the only way we can get a County Manager. He said "For the Record" that he is in support of this on behalf of his constituents. Legislator Burnside said that the people need to be educated before voting on this.
VOTE: Passed 7-1. (Name of No: Hastings)
RESOLUTION NO. 195 Motion by Fitzsimmons, Second by Thurston.
RE: ACCEPT BIDS FOR THE TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN FOR THE PERIOD 7/1/96-6/30/97
WHEREAS, Resolution No. 120-96 authorized advertising for bids for transportation of preschool handicapped children, and
WHEREAS, bids were received and opened at the May 24, 1996 Health Services Committee meeting.
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, 1996 to June 30, 1997 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 Frank Pierce Early Childhood Center, UCP House, SCT BOCES-Horseheads, Steuben-Allegany BOCES and Yates ARC from July 1, 1996 to June 30, 1997 in the amount of $105.00 per child per day 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 SCT BOCES-Watkins Glen from July 1, 1996 to June 30, 1997 in the amount of $65.00 per child per day plus $5.00 each additional child be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bids from Southern Tier Express in the amount of $1.98 per loaded mile with restrictions and Birnie Transportation in the amount of $2.08 per loaded mile with no restrictions for miscellaneous transportation for the period July 1, 1996 to June 30, 1997 be, and hereby are, 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 8-0.
RESOLUTION NO. 196 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZE TRANSFER OF FUNDS - LEGISLATURE
WHEREAS, the Legislative Office is in receipt of a bill from its labor counsel, Harter, Secrest & Emery Attorneys, in the amount of $1,815.68 for services rendered in April, 1996, and
WHEREAS, the Legislative budget line item .435-professional fees and services has been depleted for the year 1996.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $1,815.68 from Contingency account no. 1990.5 to Legislative account no. 1010.435.
VOTE: Passed 8-0.
RESOLUTION NO. 197 Motion by Fitzsimmons, Second by Thurston.
RE: RESOLUTION OF SUPPORT FOR RESTORATION OF STATE FUNDING FOR CHILD WELFARE SERVICES
WHEREAS, Schuyler County's School Intervention Program ended due to lost funding and this program had the potential of lowering PINS placement costs in the future and had contributed to a lower number of SCR reports, and
WHEREAS, another Schuyler County Social Services worker was laid off further reducing the county's commitment to PINS Diversion to part-time, and
WHEREAS, the County's SCR reports have gone up considerably in 1996 compared to last year with one less CPS investigator to handle the increasing numbers and the effect of Elisa's Law will only increase the County's administrative burdens, and
WHEREAS, Schuyler County Department of Social Services lost about $200,000 last year due to funding reductions despite the many changes instituted to try to cover the loss, and
WHEREAS, despite statistics showing that the number of abused and neglected children has more than doubled in the last decade, the 1995 state budget cut funding for child protection, foster care and preventive services by $203 million, and
WHEREAS, the proposed 1996 state budget would provide $507 million in state funding for the Family and Children's Services block grant, still nearly 20% short ($124 million) of the estimated baseline need of $631 million, and
WHEREAS, the state has not reduced any of its mandates on the counties to balance the reduction in funding.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby urgently seek $124 million in additional state financing to restore funding to the Family and Children's Services Block Grant to adequately provide for children who depend on the public and private systems for their protection and in many cases their very lives, plus $6.7 million to implement Elisa's Law, and
BE IT FURTHER RESOLVED, that certified copies of this resolution be sent to Governor Pataki, Assemblyman Bacalles, Senator Kuhl and any other officials deemed appropriate.
VOTE: Passed 8-0.
RESOLUTION NO. 198 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR OFFICE BUILDING BOILER SYSTEM
WHEREAS, Resolution No. 86-96 authorized a contract with Hunt Engineers for engineering services for a new boiler system in the 1952 Office Building, and
WHEREAS, Hunt Engineers is completing the final steps to be ready to go out for bid for this project.
NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be, and hereby is, authorized to advertise for bids for a new boiler system for the 1952 Office Building, and
BE IT FURTHER RESOLVED, that bids are to be marked "Sealed Bid" and received by the Clerk of the Legislature, Legislative Chambers, 105 Ninth Street, Watkins Glen, New York, 14891 by dates to be determined by Hunt Engineers; the County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 8-0.
RESOLUTION NO. 199 Motion by Fitzsimmons, Second by Young.
RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 1996 TO ABOLISH THE CIVIL SERVICE COMMISSION OF THE COUNTY OF SCHUYLER AND SUBSTITUTE A PERSONNEL OFFICER THEREFOR - FAILED
WHEREAS, the Schuyler County Legislature has agreed to proceed to change the form of Civil Service administration for Schuyler County pursuant to Resolution No. 345-95.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3 of the year 1996, 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 July 8, 1996 after the Public Hearing on Local Law Intro. No. 2-1996 in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
LOCAL LAW INTRO. NO. 3 OF THE YEAR 1996
To abolish the Civil Service Commission of the County of Schuyler and substitute a Personnel Officer therefor.
SECTION 1. The County of Schuyler, pursuant to the provisions of Sections 15 and 16 of the Civil Service Law of the State of New York does hereby elect to change the form of administration of the Civil Service in Schuyler County from administration by a Civil Service Commission to administration by a Personnel Officer.
SECTION 2. The Civil Service Commission of the County of Schuyler is hereby abolished one (1) year after the date of the adoption of this local law.
SECTION 3. The position of County Personnel Officer is hereby established effective July 8, 1997 (One year from adoption).
SECTION 4. Any unexpended appropriations in the Civil Service account shall be appropriated for the Personnel Officer.
SECTION 5. The Personnel Officer shall designate a deputy within the Personnel Office and such deputy shall exercise all powers of the Personnel Officer in the event of incapacity, prolonged absence or when determined by the Personnel Officer.
SECTION 6. The Personnel Officer shall perform all duties allowed and required under New York State Civil Service Law and Regulations in the administration of the Civil Service in Schuyler County.
DISCUSSION: Legislator Hastings said she needs more information on this. She asked that if the Commission was abolished, would it abolish the position of Executive Secretary to the Commission? Doris Craig said that it would do away with the secretary position and there would only be a Personnel Director. She said the Personnel Director portion of the current Executive Secretary's position was determined by the Legislature. Legislator Halpin said these two positions were interviewed together, then combined the two positions. Legislator Hastings said the Personnel Director position was never voted upon by the full Legislature. She asked if there is something from the State that says if the commission is done away with, the Secretary position is automatically done away with? If this is so, do we have to advertise for the Personnel Director position? Legislator Halpin said we have six months to address any questions that come about. Legislator Hastings said before the Legislature can vote on this, the questions must be answered. Legislator Compton asked if the Commission was done away with, would the department need to hire more people? Legislator Halpin said no, they would utilize the present staff. She said by doing away with the Commission, it would make the job more efficient. Legislator Compton said that Doris told him that she would need more help. Doris Craig said she takes a lot of work home and keeps hoping that by streamlining and computerizing the work that maybe with the present three staff, they can continue to do the work. She has never said that she could for sure do the work with three people.
VOTE: Failed 4-4. (Names of Noes: Thurston, Hastings, Young, Compton)
RESOLUTION NO. 200 Motion by Fitzsimmons, Second by Young.
RE: 1996 BUDGET PROCESS DIRECTION
WHEREAS, the county department heads, employees and legislators have made an ongoing commitment to generate cost savings for the county, and
WHEREAS, the budget season is rapidly approaching, and
WHEREAS, the budget team process in place last year provided a distinctive improvement in the process used in past years, and
WHEREAS, the Legislature wishes to encourage continued improvement in the process.
NOW, THEREFORE, BE IT RESOLVED, that each department head shall submit a preliminary budget which reflects the same property tax component as the 1996 budget.
BE IT FURTHER RESOLVED, that department teams will compile a team list of requests for budget adjustments which will then be presented to the Legislature.
BE IT FURTHER RESOLVED, that the Legislature will make the necessary adjustments, while welcoming input from employees, for overall concerns regarding personnel cost increases, sales tax revenue, bonding and other major ticket items.
DISCUSSION: Legislator Fitzsimmons said we are continuing to clarify our budget process. We are asking for a budget to be submitted with the same amount of tax levy as last year. He said any changes should be taken to the budget team to be reviewed, then the team will come to the Legislature with proposals for changes. He felt it seemed like a good idea. He received two letters from department heads and one from the County Attorney with concerns. County Attorney Coleman said that if there are concerns, then a letter could be dispatched to the State Comptroller to have these concerns researched further. Legislator Fitzsimmons said the legal aspects did not show him any concern. His instinct was that this would still be a good idea. He sent a letter out with the proposed resolution to the department heads asked for their response and he only received two letters back. Legislator Burnside did not think that all the information was put out to department heads. Legislator Halpin thinks that the letter that went to department heads explained this quite well. She said this is not a dangerous thing and is not concerned with it. Nancy Peters, Treasurer, said that the departments may not be able to present their needs and meet the bottom line. She called audit and control and they had some concerns about doing this. She also felt that State audit and control should be contacted. She said their concerns were that departments are being hampered by not stating what exactly the departments needs are. Chairman Franzese said she loves the concept, but with the forthcoming changes is concerned that this could be done. Legislator Hastings said the departments live with the cuts that are made. She has a problem with the Legislature cutting their budgets. The departments should do their own cuts and the Legislature should depend more on the department heads to make their own cuts. Nancy Peters said that last year, when the straw budgets were turned in, everyone came in fairly low, except for one department. County Attorney Coleman said "For the Record" that because there will be discussions ongoing, no one will be painted into a corner. Legislator Fitzsimmons said that if the State Comptroller says that it is illegal, then we will have to alter it. Duane Spilde said there was a tremendous amount of work done by the department heads last year. He does not see the need for a resolution. Legislator Hastings said there were a lot of unhappy department heads last year and feels this is a way to alleviate the problem. Legislator Fitzsimmons said the memo that went with the resolution said that if federal revenues increased, then increase the budget, but just keep the property tax component the same as last year. If a department wants an increase, then come to the Legislature and get the five votes needed for those increases. Chairman Franzese said that if you start with a team that is upset, then you will not get the cooperation that is needed. She would like to see this come from Management and Finance. Legislator Halpin said she would like to see this supported by the full Legislature. For two years she has requested a zero percent increase, but this has not occurred, but this does not mean she does not trust the department heads. They feel they need those increases. Legislator Fitzsimmons "called for the question."
VOTE: Passed 7-1. (Name of No: Franzese)
RESOLUTION NO. 201 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE NEGOTIATION OF CONTRACT WITH CENTER FOR GOVERNMENTAL RESEARCH (CGR)
BE IT RESOLVED, that this Legislature approve the concept of contracting with the Center for Governmental Research and further authorizes its Management and Finance Committee to negotiate terms of the contract for full legislative consideration.
DISCUSSION: Legislator Halpin suggested looking at the Department of Social Services. Legislator Fitzsimmons suggested specifically Medicaid. Legislator Halpin feels another meeting with this gentleman is needed to ask a few more questions.
VOTE: Passed 8-0.
RESOLUTION NO. 202 Motion by Hastings, Second by Fitzsimmons.
RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that two (2) resolutions be brought to the floor.
VOTE: Passed 8-0.
RESOLUTION NO. 203 Motion by Hastings, Second by Fitzsimmons.
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
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. 204 Motion by Hastings, Second by Fitzsimmons.
RE: WELCOME TO NATIONAL FIELD ARCHERS
WHEREAS, archers from throughout the United States will be meeting in Schuyler County July 29-August 2, 1996 for the National Field Archers Competition, and
WHEREAS, this Legislature is proud to Welcome once again the National Field Archers and their families to beautiful Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby Welcomes the National Field Archers and their families and invites them to partake of the natural beauty, recreational parks and lakeside opportunities and facilities Schuyler County has to offer, and
BE IT FURTHER RESOLVED, the Schuyler County Legislature further extends its best wishes to the Archers and their families for an enjoyable stay in our county and wishes the best of luck to the competitors in the Competition.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEE: Legislator Hastings announced that June is dairy month. She said that weed harvesting will only be done on Cayuta Lake. She said the Farm Pesticide Collection is due to start this summer, and the Household Hazardous Waste to start this fall. She said on June 28 State Officials will be here to discuss uniting Mental Health and Public Health. She thanked Barb Regan and Duane Spilde for their support on this issue. Legislator Halpin reported the financial books have been closed for 1995 and some fund balance was added. She said there will be a Special Legislative Committee Meeting on June 24 at 3:00 p.m. to discus the Tourist Promotion Agency for Schuyler County.
UNFINISHED BUSINESS: None.
NEW BUSINESS: None.
PUBLIC PARTICIPATION - 9:05 P.M.: Lory Peck asked how much fund balance was added? Legislator Halpin said $15,000. Tom Ryan asked who wrote the duties for the County Manager and where did they come from? Legislator Halpin said the Legislature used job descriptions from other counties to develop a proposed job description. Public Participation ended at 9:20 p.m.
MOTION by Young to go into Executive Session at 9:20 p.m. to discuss proprietary information and current litigation, SECOND by Fitzsimmons. Motion carried eight ayes to zero noes.
MOTION by Thurston to come out of Executive Session at 10:44 p.m., SECOND by Burnside. Motion carried eight ayes to zero noes.
RESOLUTION NO. 205 Motion by Fitzsimmons, second by Thurston.
RE: AUTHORIZE LETTER OF AGREEMENT WITH FACTORY OUTLET CONSULTANT
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a Letter of Agreement with Factory Outlet Consultants in an amount not to exceed $10,000, pending reference confirmation by SCIDA, subject to approval by the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the IDA request a $1,250 contribution towards the same from the villages within the county, and
BE IT FURTHER RESOLVED, payment for this contract is to come from within current budgetary means or from Contingency account no. 1990.5.
VOTE: Passed 8-0.
The meeting adjourned at 10:45 p.m.
Gail M. Willis, Clerk
Diane M. Hughey, Deputy Clerk
REGULAR MEETING
JULY 8, 1996
The July 8, 1996 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 Silence. All Legislators were present, except Legislators Hastings and Compton who were excused. County Attorney Coleman was also present.
PUBLIC PARTICIPATION - 6:32 P.M.: Tom Ryan on Introduction Number 6, wanted to know if someone automatically dialed 911 on mistake, would they actually be fined $500 automatically? Attorney Coleman explained that the Legislatures intent is to prevent tying up the line. Legislator Burnside explained that the suppliers involved would explain any questions at the hearing. Attorney Coleman added that no fine is self-executed, there is due process. Legislator Thurston said that certain alarm systems within the County can activate an automatic dialer telling the system to send the appropriate authorities. However, they don't always hang up and can seize the lines, tying up 911 and 6642. Tom Ryan believes there should be a warning to the public. Attorney Coleman explained that there is an investigation in order to levy a fine. No one will get fined $500 without going to court. Public Participation closed at 6:40 p.m.
RESOLUTION NO. 206 Motion by Young, Second by Burnside.
RE: APPROVE MINUTES OF THE JUNE 10, 1996 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the June 10, 1996 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 6-0.
RESOLUTION NO. 207 Motion by Young, Second by Burnside.
RE: AUTHORIZE CONTRACT WITH WINTER INDUSTRIAL WATER TREATMENT - BUILDINGS AND GROUNDS
WHEREAS, the Buildings and Grounds department is in need of water treatment services, and
WHEREAS, Winter Industrial Water Treatment has agreed to provide these services for the period 6/09/1996 to 6/09/1997 in the amount of $2,970.00.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, that the Schuyler County Legislature does hereby authorize the Chairman of the Legislature to sign the aforementioned contract, subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 208 Motion by Young, Second by Burnside.
RE: DECLARE EQUIPMENT SURPLUS - BUILDINGS AND GROUNDS
WHEREAS, the Buildings & Grounds Department has purchased new equipment and needs to declare the old equipment surplus, and
WHEREAS, the equipment is no longer workable and no longer needed for public use pursuant to Section 215 of County Law.
NOW, THEREFORE, BE IT RESOLVED, that the County Legislature hereby declares as surplus, to be destroyed, the following equipment:
Trimmer/Edger (John Deere)
VOTE: Passed 6-0.
RESOLUTION NO. 209 Motion by Young, Second by Burnside.
RE: AUTHORIZE EQUIPMENT PURCHASE AND TRANSFER FUNDS - DISTRICT ATTORNEY
WHEREAS, the District Attorney's Office wishes to purchase certain health related equipment for the Confidential Secretary, consisting of a monitor arm for the computer, and
WHEREAS, the District Attorney's Office is in need of shelving space for office equipment.
NOW, THEREFORE, BE IT RESOLVED, that the District Attorney be authorized to purchase the aforementioned equipment, and
BE IT FURTHER RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $200 from account no. 1165.435 to account no. 1165.208 and $800 from account no. 1165.435 to account no. 1165.249.
VOTE: Passed 6-0.
RESOLUTION NO. 210 Motion by Burnside, Second by Thurston.
RE: AMEND AGREEMENT WITH HUMANE SOCIETY - SHERIFF'S DEPARTMENT
WHEREAS, the terms of the 1996 agreement with the Humane Society have changed to allow them to utilize any unexpended monies in the manner they deem most appropriate as pertains to spay and neutering, and
WHEREAS, the allocation for spaying is increased to $50 and neutering to $35.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement with the Humane Society for the year 1996 in the amount of $3000.00 for spay/neuter services; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 211 Motion by Burnside, Second by Thurston.
RE: LOCAL LAW INTRO. NO. 4 OF 1996, A LOCAL LAW REGULATING THE USE AND APPLICATION OF ALARM SYSTEMS WHICH COMMUNICATE WITH THE SCHUYLER COUNTY EMERGENCY COMMUNICATIONS CENTER
WHEREAS, the County of Schuyler has in place an "Enhanced 911 Program," commonly called "E-911", to facilitate the prompt and efficient handling of emergency calls within the County, and
WHEREAS, it is essential to the operation of the E-911 response mechanism that the system not be captured or jammed by automatic dialing devices and that other reasonable and necessary conditions of access be established.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 1996, in the form hereunto annexed, be and hereby is introduced pursuant to the Municipal Home Rule Law, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature be directed to cause a Legal Notice of a Public Hearing thereon to be published according to Law, and
BE IT FURTHER RESOLVED, that said Public Hearing is to be held on August 12, 1996, at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, N.Y.
LOCAL LAW INTRO. NO. 4 OF THE YEAR 1996
A LOCAL LAW TO REGULATE THE USE AND APPLICATION OF ALARM SYSTEMS WHICH COMMUNICATE WITH THE SCHUYLER COUNTY EMERGENCY COMMUNICATIONS CENTER
Section 1. Legislative Intent:
The efficient operation of the Schuyler County Emergency Communications Center and the functioning of the Enhanced Emergency Response Program (E-911) require that the various emergency response systems present maximum accessibility to callers, minimal message reception time and minimum response transmission times. Each of these elements will be materially aided by the enactment of rules designed to maintain maximum system access. Accordingly, the purposes of this Local Law are:
A. To regulate the connection of alarm systems with the Emergency Communications Center to prevent the emergency numbers from being jammed or seized by automatic dialing devices, or other such similar devices.
B. To regulate the automatic dialer's message content to ensure that the essential information is received to provide appropriate emergency response.
C. To regulate administrative matters relating to the operations of the Emergency Communications Center to ensure the health, safety, and general welfare of the residents of the County by regulating the use and application of alarm systems, and by providing two alternate seven-digit numbers for the purpose of automatic dialer interconnect.
Section 2. Definitions:
A. The term "alarm system" means any assembly of equipment or device arranged to signal the presence of a hazard requiring urgent attention, and to which police, fire or emergency medically related service agencies are expected to respond. An alarm system shall include automatic dialing device.
B. The term "alarm user" means any person on whose premises, located within the County of Schuyler, an alarm system is owned, operated or maintained by such person or his agents, employees or servants.
C. The term "automatic dialing device" means a device which is connected to a telephone line and is programmed to access a predetermined emergency agency number and transmit, by voice message or coded signal to an emergency agency, and emergency message indicating a need for emergency response.
D. The term "private answering point" refers to a business which offers service receiving emergency signals from alarms and where emergency signals from alarm systems are monitored and thereafter relayed to an emergency agency or Emergency Communication Center.
E. The word "County" means the County of Schuyler, State of New York.
F. The term "Director" means the County of Schuyler Emergency Services Director, or his designated representative, hereinafter the "Director."
G. The term "person" means any person, firm, partnership, association, corporation, company or organization of any kind.
H. The term "special trunkline" means a designated telephone line(s) leading into the County's Emergency Communications Center, and having the primary purpose of handling emergency signals or messages from automatic dialing devices.
I. The term "Emergency Communication Center" means the central dispatching location provided by the County and to receive all emergency calls on behalf of participating agencies.
Section 3. Effective Dates:
Effective , all automatic dialing devices terminating at the Emergency Communications Center shall be programmed to access designated special trunklines. The designated emergency telephone number is " ". All automatic dialers accessing the Emergency Communications Center shall be programmed to dial the above numbers.
Section 4. Specific Guidelines--Automatic Emergency Dialers:
A. All dialers must be registered with the Communications Center on the prescribed form.
B. Dialers shall not be programmed to dial the number "911" or "535-6642". All automatic dialing devices terminating at the Emergency Communications Center must be programmed to dial the designated seven-digit number authorized in Section 3 above.
C. Dialers shall not hold the telephone line open after the Emergency Communication Center has broken the telephone connection.
D. Dialers shall not dial the Emergency Communications Center more than twice as a result of a single activation.
E. Dialer message must be in the following format:
"This is (name of household or business) reporting a (robbery, burglary, trouble, fire or emergency medical) alarm at (number, street name), (apartment or room number), (floor), (building name), (city, town or village)."
Section 5. Specific Guidelines--Private Answering Points:
Alarm notifications which terminate at a private answering station or point, and are then communicated to the Emergency Communications Center by an individual for appropriate dispatch response, shall be permitted on the designated emergency telephone number's. The calling party shall provide the Emergency Communications Center operator with the following information:
A. Type of alarm activated: (robbery, burglary, trouble, fire, or emergency medical).
B. Name of household or business.
C. Street number and name.
D. Apartment, room number or floor.
E. Building name.
F. Nearest intersecting street or road (if applicable).
G. City, town or village.
H. Any additional information as requested by the Emergency Communications Center
operator.
I. Agency to be dispatched.
The calling party shall promptly terminate the call upon transmission of the above information.
Section 6. Alarm Testing:
The testing of automatic alarm dialers shall be permitted in accordance with the following procedures:
A. Business and residential alarms may be tested a maximum of four (4) times per year. Such testing shall be conducted during the hours of 8:00 a.m. to 4:00 p.m. Exceptions for frequency of tests and hours will be granted when an alarm is being tested as a result of alarm maintenance or repair.
B. Prior to the alarm test, the user must contact the County's Emergency Communications Center to notify the Center of the test. The caller must provide his name, address, telephone number and type of alarm being tested. The telephone number to be used when requesting an alarm test is . If for any reason the alarm test cannot be conducted, the operator will advise the user and the test shall be rescheduled at a time which is designated by the Emergency Communications Center operator.
C. Upon test completion, the user shall recall the Emergency Communications Center by calling the administrative number and verify the alarm test. The caller must identify himself and advise the operator of the name of the household or business and request validation of the test.
D. The Emergency Communications Center operator will monitor, test and evaluate clarity of message, tone and message completeness.
Section 7. Penalty for Non-compliance:
Any person, business or firm programming an automatic dialing device to call the emergency telephone numbers (E-911 or 535-6642) of the County of Schuyler shall be liable for a civil penalty of $500.00.
In addition to the civil penalty, non-compliance with any of the procedures contained herein is a violation of Section 4 of this Local Law and punishable by a fine of not less than $500.00 and not more than $1,000.00, or by a term of imprisonment not to exceed fifteen (15) days, or by both such fine and imprisonment.
A Director or his designee may order the alarm user to immediately disconnect any device not conforming with provisions of this Law from the emergency number. The failure by such alarm user to obey such order shall be a violation punishable by a fine of not less than $500.00 and not more than $1,000.00, or by a term of imprisonment not to exceed fifteen (15) days, or by both such fine and imprisonment.
Additionally, the owner of such alarm system shall be liable for a civil penalty of $500.00 for the failure to obey such order.
Section 8. Right to Refuse to Allow Automatic Dialers to Interconnect with Designated Seven-Digit Number:
The Director may refuse to permit any person, business or firm the right to program its automatic dialing device to access the designated special seven-digit number's when the Director has reason to believe that the use of the device would adversely impact the operations of the Emergency Communications Center.
Section 9. Jurisdiction:
These regulations shall pertain to all alarm systems which terminate at the Emergency Communications Center. The Director may from time to time issue amendments, in writing, to these regulations. All regulations shall be issued with an effective date. It is the duty of all alarm users to keep advised of amendments to the existing procedures and make appropriate changes and/or modifications as required.
Section 10. Effective Date:
This Local Law shall take effect immediately.
VOTE: Passed 6-0.
RESOLUTION NO. 212 Motion by Burnside, Second by Thurston.
RE: APPROVAL OF ALTERNATIVES TO INCARCERATION PLAN 1996-1997
WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for the fiscal year 1996 through 1997, and
WHEREAS, the said Plan and Budget have been reviewed and both appear to be in order.
NOW, THEREFORE, BE IT RESOLVED, that the 1996-1997 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 6-0.
RESOLUTION NO. 213 Motion by Young, Second by Fitzsimmons.
RE: AUTHORIZE TRANSFER OF FUNDS - PROPERTY ACQUIRED TAXES
WHEREAS, the appropriation for the above-referenced account number 1364.400 needs to be increased because the number of properties that required searches was significantly higher than previous years and the low bid for searches was higher than previous years, and
WHEREAS, funds are available in the Tax Advertising account number 1362.400.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $1,500 from account no. 1362.400 to account no. 1364.400.
VOTE: Passed 6-0.
RESOLUTION NO. 214 Motion by Young, Second by Fitzsimmons.
RE: AMEND RESOLUTION NO. 58-96/1995-96 HEAP ADMINISTRATION - DSS
WHEREAS, Resolution No. 58-96 authorized Schuyler County Department of Social Services and Schuyler County Office for the Aging to enter into a cooperative agreement for the division of funds and responsibilities for the HEAP program, and
WHEREAS, that agreement terminated 4/4/96 at the close of the regular HEAP season, and
WHEREAS, the emergency component of HEAP has been re-opened indefinitely.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign an addendum to the aforementioned agreement to extend the terms to the extent and duration of available funds with all other terms remaining the same; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the additional administration allocation of $4,489 be divided according to the same percentages authorized in Resolution No. 58-96: 69% to Department of Social Services ($3,097) and 31% to Office for the Aging ($1,392).
VOTE: Passed 6-0.
RESOLUTION NO. 215 Motion by Young, Second by Fitzsimmons.
RE: AUTHORIZE AGREEMENT FOR DEPARTMENT OF SOCIAL SERVICES MEDICAL TRANSPORTATION
WHEREAS, the Department of Social Services is required by 18 NYCRR 505.13 to assure access to medical services by providing transportation when a medical assistance recipient has no regular means of transportation, and
WHEREAS, Schuyler County Department of Social Services (SCDSS) has met this requirement with a DSS employee/Community Services Aide who provides transportation to and from medical providers in a county-owned vehicle, and
WHEREAS, this Community Services Aide position is a two-year non-competitive appointment which ended June 5, 1996, and
WHEREAS, SCDSS issued a Request for Proposals (RFP) to seek alternative options for the provision of this service due June 19, 1996, and
WHEREAS, the Department received two responses to the RFP.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the proposal from Schuyler ARC to provide the aforementioned services, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement for medical transportation services with Schuyler ARC, 203-204 Twelfth Street, Watkins Glen, NY 14891 from 7/9/96-6/30/97 at an annual rate of $39,800 for 21,000 miles with an add-on of $1.32 per mile in excess of 21,000 miles; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 216 Motion by Burnside, Second by Thurston.
RE: CONTRACT - PHOTO MICROGRAPHICS INC. FOR MAINTENANCE OF CAMERA - RECORDS MANAGEMENT
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an agreement for the maintenance of the Canofile 300 Planetary Camera serial #00230056 for the period of one year 6/1/96 to 5/31/97 at a cost of $588.00, subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 217 Motion by Burnside, Second by Thurston.
RE: CONTRACT - TWIN TIER IMAGING FOR MAINTENANCE OF COPIER - DMV
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an agreement for the maintenance of the Toshiba Copier serial #XC526733 for the period of one year 7/9/96 to 7/8/97, at a cost of $250.00 subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 218 Motion by Burnside, Second by Thurston.
RE: RENEW THE SCHUYLER COUNTY PUBLIC HEALTH NURSING SERVICE OPERATING CERTIFICATE FOR IMMUNOLOGY, PART TIME CLINICS, WELL CHILD CARE, AND TB RESPIRATORY CARE
WHEREAS, the Schuyler County PHNS Operating Certificate for clinics will expire July 31, 1996, and
WHEREAS, the Schuyler County Legislature supports the continuation of clinic services.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the renewal of the Schuyler County PHNS Operating Certificate, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign and submit the appropriate documents.
VOTE: Passed 6-0.
RESOLUTION NO. 219 Motion by Fitzsimmons, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH SCHUYLER HOSPITAL, INC., FOR HOME HEALTH AIDE SERVICE FROM 7/1/96 - 6/30/97
WHEREAS, Schuyler Hospital, Inc., has Home Health Aides available on a contract basis at the rate of $13.50 per hour, and
WHEREAS, the Home Health Agency could utilize these Home Health Aides if it could not meet patients' needs with its current staff.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature is hereby authorized to sign a contract with Schuyler Hospital, Inc., to provide Home Health Aide service at the rate of $13.50 per hour from 7/1/96 - 6/30/97, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 220 Motion by Fitzsimmons, Second by Halpin.
RE: AUTHORIZE CONTRACT WITH SCHUYLER ARC FOR RESPITE SERVICES EFFECTIVE 10/1/96
WHEREAS, the Schuyler County Early Intervention Program (EIP) has some federal funding to provide limited respite services to families, and
WHEREAS, Schuyler ARC has a respite program that can assist the Schuyler County Early Intervention Program by providing, coordinating and allocating respite services, and
WHEREAS, Schuyler ARC is willing to provide this assistance to Schuyler County EIP families at a cost not to exceed the amount of 100% federal funding available.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature is hereby authorized to sign a contract with Schuyler ARC to provide respite services to Schuyler County EIP families, effective 10/1/96, and
BE IT FURTHER RESOLVED, that the Schuyler County EI Program will reimburse Schuyler ARC for the cost of the respite services up to the amount of 100% Federal funding available, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 221 Motion by Fitzsimmons, Second by Halpin.
RE: AUTHORIZE CONTRACT FOR ALCOHOL TREATMENT SERVICES BETWEEN SCHUYLER HOSPITAL AND COMMUNITY SERVICES BOARD
WHEREAS, the Schuyler Hospital Board has indicated they will no longer be able to be the Alcohol Service Provider after the new Community Services Building is completed on or about November 1, 1996, and
WHEREAS, the Community Services Board has issued an RFP for Alcohol Treatment & Prevention Services to identify and acquire a provider, and
WHEREAS, Schuyler Hospital has indicated their commitment to continue the services until a new provider is available, and to work to insure as smooth a transition as possible, and
WHEREAS, a partial year contract is requested to cover the period of time during calendar year 1996 which Schuyler Hospital is the provider.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the contract between the Community Services Board and Schuyler Hospital for a partial year, pro-rated contract for Alcohol Services for 1996, in an amount not to exceed $164,121, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 222 Motion by Young, Second by Burnside.
RE: AMEND AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH FOR REIMBURSEMENT OF RABIES EXPENSES - PUBLIC HEALTH
WHEREAS, Resolution No. 165, passed April 11, 1994 authorized a contract with the New York State Department of Health for reimbursement of rabies program expenses from April 1, 1993 through March 31, 1998, and
WHEREAS, the NYSDOH recently authorized an increase in Schuyler County's allocation from April 1, 1995 through March 31, 1996, from $5,000 to $7,297.99, and has submitted an amendment for the county's signature.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature is hereby authorized to execute an amended agreement with the New York State Department of Health to reimburse rabies expenses from 4/1/95 through 3/31/96, up to a maximum of $7,297.99, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
7:03 P.M. - PUBLIC HEARING - LOCAL LAW NO. 2 OF THE YEAR 1996 CREATING THE OFFICE OF COUNTY MANAGER FOR THE COUNTY OF SCHUYLER: Ms. Clara Coats stated that the budget is tight as it is and feels a County Manager is going to raise taxes. She thinks it will make it hard for people and they can get along without it. Chairman Franzese explained that this is to go on the ballot for the people to vote yes or no. The previous Local Law was going to be a Resolution, however, this Local Law is to go to the ballot. Clara Coats feels they have more Legislators and Supervisors than they need and agrees that it should go on the ballot. Legislator Young said he is against the County Manager position but, as far as the public is concerned they should have a vote. Chairman Franzese asked for any other comments and added that the Local Law states at the end that the effective date will be immediately following the election on November 5, 1996 if approved. Legislator Burnside added that we have thought about this for a long time, the total picture is dealing with money. We need someone to handle things. For example, suppose the school system did not have a superintendent? Who would handle things for the schools? Ms. Coats asked if the ballot has other things on it or is this Local Law creating a special election? Chairman Franzese answered by saying that at the regular election on November 5, 1996 you will be voting on both the Local Law for the County Manager position and the Local Law on Staggered Terms, at no extra cost. Tom Ryan asked how it would appear on the ballot? Will it have mixed words that they won't be able to understand, or will it be a plain Yes or No? Chairman Franzese explained that the Board of Elections had been asked for suggestions on the length and wording. It should not be confusing to the public. Denny Teeter, Elections, said it is to everyone's benefit that it be clear, there is not time to read a lot. Chairman Franzese said that there will be a display for you to read before you vote. Legislator Thurston stated that in regards to Intro. No. 18, Resolution No. 223, he went on the record at the last meeting in June in support of the position going on the ballot. Now, he is changing his vote to oppose putting the position up for a public referendum. In looking at the Civil Service Commission going to just a Personnel Officer, why shouldn't that go to the ballot? He is sticking to his guns and will vote no.
RESOLUTION NO. 223 Motion by Young, Second by Burnside.
RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 2 OF THE YEAR 1996 TO ESTABLISH THE OFFICE OF COUNTY MANAGER FOR THE COUNTY OF SCHUYLER
WHEREAS, a proposal Local Law creating the Office of County Manager for the County of Schuyler was heretofore introduced and appropriate notice established in the official newspaper regarding public hearing to be held July 8, 1996, 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/Local Law No. 2 of the Year 1996, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 2/Local Law No. 2 of the Year 1996, together with the required text thereof in the official county newspaper.
LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 2 OF THE YEAR 1996
A Local Law to establish the Office of County Manager for the County of Schuyler.
SECTION 1. LEGISLATIVE INTENT
The increasing complexity of County government requires full time professional managerial attention and direct day to day centralized supervision by a person of demonstrated expertise in public administration. Accomplishment of this goal and the promotion of greater efficiency in government will be achieved by the creation of a managerial position which has not previously existed in the Schuyler County governmental structure. Accordingly, the Schuyler County Legislature has determined to create the position of County Manager with the intention that the County Manager be the chief administrative officer of the County.
SECTION 2. APPOINTMENT AND TERM OF OFFICE
A. There shall be a County Manager who shall be directly responsible to the Legislature and shall, on behalf of the Legislature, perform the functions of a chief administrative officer. The position of County Manager shall be exempt for Civil Service purposes.
B. The County Manager shall be appointed by the Legislature and shall serve at the pleasure thereof. The term of office for the first County Manager shall commence on the date of appointment and shall expire on December 31 of the year following appointment. Subsequent terms of office shall be for a period of two (2) years. Appointment to fill a vacancy shall be for the remainder of the unexpired term.
C. The County Manager shall hold no other public or political office.
SECTION 3. QUALIFICATIONS
A. At the time of appointment, the County Manager shall have the following training and/or experience:
1. A high school diploma and ten (10) years paid, full time managerial experience in the field of government, private business or industrial enterprise.
or
2. Bachelors degree in the field of Business Administration or Public Administration and have six (6) years paid, full time managerial experience in government, private business or industrial enterprise.
or
3. A Masters degree in Business Administration or Public Administration and four (4) years paid, full time managerial experience in the field of government, private business or industrial enterprise.
or
4. An equivalent combination of training and experience as listed above.
The County Manager shall be appointed on the basis of these and such other qualifications as may be required for the responsibilities of the office.
B. The appointee need not be a resident of Schuyler County at the time of appointment, but shall become so within ninety (90) days of appointment and remain so during the term of office. Failure to become a resident or remain a resident shall be cause for dismissal by the Legislature without other or further notice and without benefit of the removal provisions of the New York State Civil Service Law.
SECTION 4. SALARY
The County Manager shall receive an annual salary to be fixed by the County Legislature.
SECTION 5. POWERS AND DUTIES
Perform all the duties now and hereafter conferred or imposed upon the office by law or directed by the Legislature and shall have all the powers and perform all the duties necessarily implied or incidental thereto. The County Manager will provide and coordinate staff services to the County Legislature and its various committees and shall coordinate the activities of the various County departments and agencies. Among such powers and duties, but not by way of limitation, are the following:
A. Description of Duties:
1. Support, supervise and provide assistance to all Department Heads regarding budget, program and policy. Coordinate the preparation of interdepartmental policies and will, where necessary, make interdepartmental policy and implement necessary administrative procedures as may be required to carry out the policies established by the County Legislature. All Department Heads shall be responsible to and report to the County Manager, excepting the County Attorney who shall be responsible to and report to the Legislature in accordance with County Law Section 500. The County Manager shall have general charge of the various departments of County government.
2. Submit regular reports and recommendations to Legislature regarding County operations, budget and policies through the meetings of the Legislature and its Standing Committees. Prepare resolutions as directed by the Standing Committee overseeing the office of County Manager.
3. Conduct regular meetings with Department Heads and others deemed necessary in lieu of the Chairman of the Legislature. Act as official liaison between the Department Heads and County Legislature.
4. Promote, coordinate and support communication and cooperation among all units of government and between the County and all other levels of government and their agencies and participate in efforts to secure public/private partnerships.
5. Provide day to day management of the activities of County government with a view towards the reduction of cost and size of government pursuant to a missions statement to be formulated.
6. Provide for appropriate budgetary controls and the efficient and economical management of appropriated funds.
7. Make recommendations to the appropriate jurisdictional committee of the Legislature for appointment/dismissal, by the Legislature, of all heads of units of county government not administered by an elected official, except where law specifically directs such action be implemented by another official.
8. Have the administrative responsibility of approving the organization and staffing within any specific department, or agency, or operation, subject to his or her direct administrative control and will have the administrative control of other temporary assignments within the same department, agency or operation or from one department, agency or operation to another.
9. Evaluate all Department Heads pursuant to the Management/Confidential Salary Plan, excluding elected Department Heads or where law specifies otherwise, who report directly to him or her and make recommendations on annual salaries/benefits.
10. Act as Budget Officer for the County -OR- assist the Budget Officer in the preparation of the budget of the County, including but not limited to the development and recommendation of a budget program that includes long-range capital budgeting and annual operating budgets.
11. Participate in, and provide data to the Legislature in the conduct of Collective Bargaining for all unions.
12. Sell or lease surplus, obsolete and unused supplies, materials and equipment under such rules and regulations as the Legislature may require.
13. Provide for the administration of supporting services and facilities for various units of County government, including the installation, operation and maintenance of all data processing equipment, the maintenance and operation of facilities for the central reproduction of printed materials, the central receipt, distribution, processing and collection of mail and messages and the supervision of all operation personnel with respect thereto.
14. Approve staff travel for all County employees.
15. Assist with current grant proposals and seek out new opportunities for the same.
16. Perform the ministerial duty of executing contracts in the name of the County, when such contracts have been authorized by the Legislature or an appropriate Standing Committee.
17. Attend all Regular and Special Meetings of the County Legislature.
18. Attend such Committee Meetings as the Legislature may direct.
19. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the Legislature.
B. To appoint a Confidential Secretary who shall serve at the pleasure of the County Manager and who shall be paid out of funds appropriated for that purpose, if such funds are appropriated for that purpose.
C. Determine what officer shall perform a duty not clearly defined or specified by law.
D. To aid the Legislature in evaluating proposals and make recommendations concerning same.
E. To serve as an advisor to the Legislature in developing policies and procedures promoting economy and efficiency in government.
F. To undertake administrative and management studies and to make recommendations regarding the results thereof to the Legislature.
G. To maintain liaison and represent the Legislature in contacts with political subdivisions and state and federal officials and agencies.
H. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the Legislature.
SECTION 6. SCOPE OF AUTHORITY
Any dispute or disagreement regarding the authority of the County Manager, the scope of the Manager's duties or authority, or the relationship between the County Manager and the Chairman of the Legislature, Committee Chairman or individual Legislators shall be finally determined by the County Legislature sitting en banc. This section is specifically intended to address chain of command issues.
SECTION 7. ELECTED OFFICIAL'S POWER
Nothing contained in this Local Law shall operate or be construed to divest or curtail the power of any elected or appointed official except as provided herein.
SECTION 8. SEPARABILITY OF PROVISIONS
If any clause, sentence, paragraph, subdivision, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall be been rendered.
SECTION 9. CONFLICT WITH PREVIOUS LOCAL LAWS OR RESOLUTIONS
In the event of a conflict or inconsistency between this Local Law and any previous Local Law or Resolution of the Board of Legislators, this Local Law shall govern.
SECTION 10. EFFECTIVE DATE
This Local Law shall be submitted for the approval of the qualified electors of the County of Schuyler at a general election to be held November, 1996. If this law is approved by the affirmative vote of the majority of the qualified electors in the County voting thereon, this law shall become effective immediately.
DISCUSSION: For the record, Legislator Halpin asked Chairman Franzese now that we have a Local Law, are you in support of a County Manager? Chairman Franzese responded that if the people support it, she will support it. Legislator Young added that all of this has led us to running the County like a business and if you are going to do that you should let your stock holders have a vote.
VOTE: Passed 5-1. (Name of No: Thurston)
RESOLUTION NO. 224 Motion by Young, Second by Burnside.
RE: NEW YORK TOURIST PROMOTION ACT - DESIGNATION BY COUNTY OF OFFICIAL TOURIST PROMOTION AGENCY, 1996-1997
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 of New York has appropriated funds for this purpose in its Commerce Department budget, and
WHEREAS, the guidelines for this local assistance program encourages counties to appoint a regional Tourist Promotion Agency, and
WHEREAS, the Schuyler County Chamber of Commerce has been authorized to serve as the Schuyler County tourism representative to provide specific tourism services on behalf of Schuyler County, and
WHEREAS, the Schuyler County Chamber of Commerce has served as the Schuyler County lead tourism promotion organization since its inception, and
WHEREAS, the Schuyler County Chamber of Commerce has requested to be designated as the County's Tourism Promotion Agency for the 1996-1997 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 1996/1997 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 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 1996-1997, 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.
DISCUSSION: Legislator Halpin encouraged the legislators to look at the facts presented in reference to TPA and support the Chamber of Commerce. The Finger Lakes Association still has some proving to do. Chairman Franzese added that it is a joint effort. Maxine Neal stated that they do work with the Finger Lakes Association on a regional aspect. They did get County Membership approved and dues are submitted to Finger Lakes Association.
VOTE: Passed 6-0.
RESOLUTION NO. 225 Motion by Young, Second by Halpin.
RE: AUTHORIZE TRANSFER OF FUNDS - LEGISLATURE
WHEREAS, the Legislative Office is in receipt of a bill from its labor counsel, Harter, Secrest & Emery Attorneys, in the amount of $906.45 for services rendered in May, 1996, and
WHEREAS, the Legislative budget line item .435-professional fees and services has been depleted for the year 1996.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $906.45 from Contingency account no. 1990.5 to Legislative account no. 1010.435.
VOTE: Passed 6-0.
RESOLUTION NO. 226 Motion by Young, Second by Halpin.
RE: OPPOSE LEGISLATION BILL - WESTERN OFF-TRACK BETTING (OTB)
WHEREAS, bill A.10789(Gunther)/S.7818(Cook) would require OTBs to pay state harness tracks at an increase of 1.5% of handle on OTB patron wagers on out-of-state thoroughbred races, and
WHEREAS, this obligation would cost Western OTB $125,000 in its bottom line, and
WHEREAS, this would cost Schuyler County $738.00, based upon its percentage participation in profits of Western OTB.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby opposes bill A.10789(Gunther)/S.7181(Cook) and requests that copies of this resolution be forwarded to Western Regional Off-Track Betting Corporation, Governor George Pataki, Assemblyman James Bacalles and Senator John R. Kuhl, Jr.
VOTE: Passed 6-0.
RESOLUTION NO. 227 Motion by Young, Second by Halpin.
RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 1996 TO ABOLISH THE CIVIL SERVICE COMMISSION OF THE COUNTY OF SCHUYLER AND SUBSTITUTE A PERSONNEL OFFICER THEREFOR
WHEREAS, the Schuyler County Legislature has agreed to proceed to change the form of Civil Service administration for Schuyler County pursuant to Resolution No. 345-95.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 1996, 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 12, 1996 at 7:30 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
LOCAL LAW INTRO. NO. 5 OF THE YEAR 1996
To abolish the Civil Service Commission of the County of Schuyler and substitute a Personnel Officer therefor.
SECTION 1. The County of Schuyler, pursuant to the provisions of Sections 15 and 16 of the Civil Service Law of the State of New York does hereby elect to change the form of administration of the Civil Service in Schuyler County from administration by a Civil Service Commission to administration by a Personnel Officer.
SECTION 2. The Civil Service Commission of the County of Schuyler is hereby abolished one (1) year after the date of the adoption of this local law.
SECTION 3. The position of County Personnel Officer is hereby established effective August 12, 1997 (One year from adoption).
SECTION 4. Any unexpended appropriations in the Civil Service account shall be appropriated for the Personnel Officer.
SECTION 5. The Personnel Officer shall designate a deputy within the Personnel Office and such deputy shall exercise all powers of the Personnel Officer in the event of incapacity, prolonged absence or when determined by the Personnel Officer.
SECTION 6. The Personnel Officer shall perform all duties allowed and required under New York State Civil Service Law and Regulations in the administration of the Civil Service in Schuyler County.
DISCUSSION: Legislator Thurston stated that last month he opposed this resolution, but has researched the issue further and has one question. Is this position automatically filled or will it be advertised? Legislator Halpin explained that once the Civil Service Commission is eliminated, there will only be a Personnel Officer. The Legislature can then appoint the individual in the position already or openly advertise.
VOTE: Passed 6-0.
RESOLUTION NO. 228 Motion by Burnside, Second by Young.
RE: APPOINTMENT - CIVIL SERVICE COMMISSIONER
BE IT RESOLVED, that this Legislature hereby appoint Charles Dunham as Schuyler County Civil Service Commissioner effective immediately until May 31, 2002, or until such earlier date as the Civil Service Commission may be abolished.
VOTE: Passed 6-0.
RESOLUTION NO. 229 Motion by Burnside, Second by Young.
RE: REJECT BIDS/AUTHORIZE RE-ADVERTISEMENT/SET SPECIAL MEETING - BOILER FOR COUNTY OFFICE BUILDING
WHEREAS, the County advertised for, received and opened bids for boiler replacement for the 1952 County Office Building, and
WHEREAS, it is the recommendation of the engineer, Building Maintenance Supervisor and Public Works Committee Chairman to reject all bids and re-advertise.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby rejects all bids for boiler replacement for the 1952 County Office Building, and
BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor be authorized to re-advertise for bids for boiler replacement for the County Office Building with bids being due no later than 5:00 p.m. on July 22, 1996 and opened at the Public Works Committee meeting on July 23, 1996 at 10:30 a.m., and
BE IT FURTHER RESOLVED, that a Special Meeting of the Schuyler County Legislature be set for July 29, 1996 at 7:00 p.m. in the Legislative Chambers, 105 Ninth Street, Watkins Glen, NY for the purpose of accepting/rejecting bids for boiler replacement for the 1952 County Office Building.
VOTE: Passed 6-0.
RESOLUTION NO. 230A Motion by Fitzsimmons, Second by Young.
RE: MOTION TO TABLE RESOLUTION NO. 230
BE IT RESOLVED, that Resolution No. 230 be tabled.
VOTE: Passed 6-0.
RESOLUTION NO. 230 Motion by Burnside, Second by Young.
RE: AGREEMENT TO RESEARCH INTEGRATION OF DEPARTMENTS - HEALTH SERVICES - TABLED
BE IT RESOLVED, that the Chairman of the Health Services Committee be authorized to contact Wayne County regarding integration of Public Health and Mental Health departments and to explore the use of a consultant for said integration.
VOTE: Tabled.
RESOLUTION NO. 231 Motion by Burnside, Second by Young.
RE: AUTHORIZE COPIER PURCHASE - RECORDS MANAGEMENT
BE IT RESOLVED, that the Records Manager be, and hereby is, authorized to purchase a Konica copier at a cost of $895.00, and
BE IT FURTHER RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $895.00 from account no. 1460.435-1465 to 1460.200-1465.
VOTE: Passed 6-0.
RESOLUTION NO. 231A Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE TRANSFER OF FUNDS - LEGISLATURE
BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $10,000 from Contingency account no. 1990.5 to Legislative account no. 1010.435-Professional Fees/Services for the contract as authorized per Resolution No. 205-96.
DISCUSSION: Legislator Halpin agrees that the funds should be used for what they are for in the first place, which is the County Manager. For example, research for merging the Public Health and Community Services Department together could be done by the County Manager. Once the money is out of contingency, it can not go back. She supports taking it out of the County Manager's line item if the Legislators remember we need it later. Chairman Franzese stated that there will not be a County Manager this year. Legislator Halpin said again that we are possibly using a consultant when we could be using a County Manager for those things. Legislator Fitzsimmons said that the $10,000 expenditure was a good move, it is imperative we invest it and leave it to explore the County Manager position.
VOTE: Passed 6-0.
REPORT ON STANDING COMMITTEES: Legislator Halpin for Management & Finance Committee reported that the sales tax and room tax are up. Legislator Young for Public Works reported that the bids on the boiler were rejected on July 2, 1996 because of the prices being too high and we have to re-bid. Legislator Fitzsimmons for Community Development and Natural Resources said there has been a short report distributed on Planning goals and their time line for review. He will be on vacation next week and would like to cancel Community Development and Natural Resources if there is no objection. Legislator Burnside said that Todd Cornett has done an outstanding job while the Director has been gone. He has completed projects in a timely manner.
PUBLIC PARTICIPATION 7:24 P.M.: Tom Ryan asked how many county employees are full-time and part-time? Chairman Franzese asked for clarification on his question, on payroll or positions filled? The Clerk stated that there are 186 full-time positions and only 173 of them are filled. The Clerk stated that this amount does not include per-diems on payroll.
The meeting adjourned at 7:27 p.m.
Gail M. Willis, Clerk
SPECIAL MEETING
JULY 29, 1996
The July 29, 1996 Special Meeting of the Schuyler County Legislature was called to order by Chairman Franzese at 7:00 p.m. The Pledge of Allegiance was led by Legislator Hastings and followed by a Moment of Silence. All Legislators were present, except Legislators Burnside and Fitzsimmons who were excused. County Attorney Coleman was also present.
MOTION by Halpin, SECOND by Hastings to waive the Rules of Procedure to allow an additional agenda item. Motion carried 5-0.
RESOLUTION NO. 232 Motion by Halpin, Second by Hastings.
RE: RATIFICATION OF SPECIAL MEETING CALL
BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following item of business:
1. Financing Capital Projects, and
2. Accept/Reject Bids for Boiler Replacement, and
3. Authorize Settlement Agreement - Probation.
VOTE: Passed 6-0.
RESOLUTION NO. 233 Motion by Young, Second by Compton.
RE: A RESOLUTION AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO VARIOUS COUNTY-OWNED BUILDINGS IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $87,220.00, AND AUTHORIZING THE ISSUANCE OF $84,220.00 SERIAL BONDS OF SAID COUNTY TO PAY THE COST THEREOF, AND AUTHORIZING THE COUNTY TREASURER TO APPROPRIATE 1996 FUND BALANCES OF SAID COUNTY TO DEFRAY ALL OR ANY PART OF SUCH COST
BE IT RESOLVED, by the County Legislature of the County of Schuyler, New
York, as follows:
Section 1. The construction of improvements to various County-owned buildings in and for the County of Schuyler, New York, including furnishings, equipment, machinery and apparatus incidental thereto, is hereby authorized at a maximum estimated cost of $84,220.00.
Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid purposes constitute Type 11 Actions 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 be by the issuance of $84,220.00 serial bonds of said County, hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, the power to appropriate 1996 fund balances of said County to defray any or all of such cost, including the power to redeem any or all obligations issued pursuant to this resolution from such 1996 fund balances, is hereby delegated to the County Treasurer.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is at least ten years, pursuant to subdivision 90 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 relating 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 annual debt service, shall be determined by the County Treasurer, the chief fiscal officer of such County. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine consistent with the provisions of the Local Finance Law.
Section 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 an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 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 for an explanation on the resolution. The Clerk explained that the resolution is for four specific things; Architectural fees, the fire alarm system, boiler replacement and contingency. Legislator Hastings questioned why contingency. The Clerk pointed out that every capital project has contingency for any unforeseen expenses. Legislator Halpin asked why we weren't doing the Rural Urban Center roof as planned. David Lisk explained that the roof has been an ongoing problem, they have tried to repair the leaks, it is a flat roof and it is hard to tell how bad the seepage is. Legislator Young told Legislator Halpin that it is a matter of money. Legislator Halpin said that it has been three years now that we have had problems with this roof. Chairman Franzese explained that if the cost of the boiler repair had not been so much we could have done both, it was discussed fully in committee. Legislator Halpin wanted to know why we couldn't use fund balance to repair the roof. Legislator Compton reminded the legislators that it cost $80,000 and that it is 17 years old. David Lisk said that yes, it is 17 years old, however, there should not be any structural problems. Demjanec & Associates estimated the cost of $83,000 back when we started the work for Office for the Aging and the Rural Urban Center. The roof was intended to be done then, but we ran out of funds. Chairman Franzese suggested that the roof issue be passed along to the Public Works Committee. David Lisk reminded the legislators that if they pass it along to committee it will be winter before a decision is made, it has to be agreed upon now in order to do the job this fall. Legislator Halpin wanted to authorize going to bid tonight. Chairman Franzese asked Mr. Lisk if there is any money in his budget to hire an architect. Mr. Lisk said that his budget is tight, if he used his money he expects to be reimbursed by the end of the year. Legislator Halpin asked if the estimated cost includes everything. Mr. Lisk confirmed yes. Legislator Halpin also wanted to know what an architect would cost. Mr. Lisk estimated between $6-8,000.
VOTE: Passed 6-0.
RESOLUTION NO. 234 Motion by Young, Second by Compton.
RE: ACCEPT/REJECT BIDS - BOILER REPLACEMENT PROJECT
WHEREAS, Resolution No. 229 authorized the re-advertising for bids for boiler replacement for the 1952 County Office Building, and
WHEREAS, said advertisement was made, bids received and opened at the Public Works Committee meeting on July 23, 1996.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby accept the following bid:
Frey & Campbell, Inc., 87 Lake Street, Hammondsport, NY 14840, - $67,820 plus $900 Alt. 1, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
J.T. Kennedy Plumbing & Heating Corp. Inc., Box 167, Horseheads, NY 14845 - $69,500
plus $1,390 Alt. 1.
Kimble, Inc., 1004 Sullivan Street, PO Box 361, Elmira, NY 14902-0361 - $76,890 plus $650
Alt. 1, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign any and all documents to effectuate the aforementioned bid acceptance; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
MOTION by Thurston, SECOND by Young to go into Executive Session at 7:20 p.m. to discuss litigation. Motion carried 6-0.
MOTION by Young, SECOND by Thurston to come out of Executive Session at 7:29 p.m. Motion carried 6-0.
RESOLUTION NO. 235 Motion by Halpin, Second by Young.
RE: AUTHORIZE SETTLEMENT AGREEMENT - PROBATION
WHEREAS, disciplinary charges were filed 12/31/95 according to Section 75 of the New York Civil Service Law against an employee in the Probation Department, and
WHEREAS, a settlement offer has been made on behalf of the employee by CSEA Attorney John Rittinger which is acceptable to the employee and the Director of Probation, and
WHEREAS, it is the recommendation of the Management and Finance Committee and Ronald Alexander, Probation Director, to accept the terms of the settlement as offered.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign the Stipulation to Resolve Disciplinary Charges, which has been reviewed and approved by the County's labor counsel.
VOTE: Passed 6-0.
PUBLIC PARTICIPATION 7:29 P.M.: None.
MOTION by Young, SECOND by Halpin to waiver the Rules of Procedure to allow additional agenda items. Motion carried 6-0.
RESOLUTION NO. 236 Motion by Halpin, Second by Young.
RE: AUTHORIZE CONTRACT FOR ENGINEERING SERVICES - ROOF REPLACEMENT PROJECT - RURAL URBAN CENTER
BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign a contract with Demjanec and Associates Architects for engineering and architectural services for the Rural Urban Center Roof Replacement Project, to be paid out of the Buildings and Grounds budget with the understanding that reimbursement will be made to the Buildings and Grounds budget from the General Fund balance at a later date; subject to approval of the Schuyler County Attorney.
DISCUSSION: Legislator Compton asked why we did not do the roof earlier. David Lisk explained that the ADA had cited the Rural Urban Center and Office for the Aging as illegal and they needed to do these projects first. Right now almost all of the county buildings are up to code. David agreed to the resolution as long as we do not stretch his budget too thin. Legislator Young asked David if he feels comfortable with it. He replied that yes he is fine with the issue, he would like to get the capital projects done this year. Legislator Hastings asked why we have to go to bid if we already bid in the past. David explained that that previous bid was a package deal that included the OFA and RUC projects. Legislator Hastings said, for the record, that she agrees with Legislator Halpin that the longer we wait the worse the damage gets, the more money we have to spend.
VOTE: Passed 6-0.
RESOLUTION NO. 237 Motion by Halpin, Second by Young.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS - ROOF REPLACEMENT PROJECT - RURAL URBAN CENTER
WHEREAS, the roof at the Rural Urban Center has been leaking for a period of time and is causing structural and cosmetic damage to offices at the Rural Urban Center.
NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be, and hereby is, authorized to advertise for bids for roof replacement for the Rural Urban Center building, and
BE IT FURTHER RESOLVED, that bids are to be marked "Sealed Bid - Rural Urban Center Roof" and received by the Clerk of the Legislature, Legislative Chambers, 105 Ninth Street, Watkins Glen, NY 14891 by dates to be determined by the Owner and Architect; the County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 6-0.
OTHER BUSINESS: Legislator Thurston reported on the World Wide Web issue. A presentation was scheduled for tonights meeting, however, not enough time was allotted. He would like to schedule a time for all the legislators to explore the internet before a formal presentation is made. A workshop was scheduled for Monday, August 26, 1996 following the Governmental Operations Committee meeting at 1:30 p.m.
Concerning the efficiency study, Legislator Halpin informed the Legislature that NYSAC and CGR are making presentations at the Management and Finance Committee meeting on Monday, August 5, 1996. The Health Services Committee has come up with recommendations for the following: Combine Children and Youth Programs together under DSS; have one office for DSS, Public Health and Mental Health; consolidate Mental Health and Public Health into one department; and look into Home Health contracting with Schuyler Hospital for Home Health Aide Services or the Home Health Department giving up the CHHA altogether to the Hospital. Legislator Hastings is concerned about getting the issue all straightened out, we need to look at the whole area and whether it is feasible. Legislator Halpin explained that we should know after the Management and Finance Committee meeting on Monday if NYSAC can do this. If everyone agrees on the issue it should be accomplished before budget. Legislator Compton said that there is a highway issue that should also be done before budget, when is that? Chairman Franzese explained that the preliminary budget figures are due on September 1, 1996. Chairman Franzese would like to look at State Aid first if we are going to make the Health Services change. Public Health involves a small amount of local dollars. Legislator Halpin said that after listening to Mr. Kane from Wayne County he explained that their Home Health Agency is competitive, they have to make money to exist. Our Home Health Agency does not. If one Home Health Agency in another county can do it, why can't we. Wayne County does not work Monday through Friday work weeks, they have weekend nurses, part-time nurses. Our Home Health Agency has become very expensive and we should consider giving up CHHA. Chairman Franzese asked Legislator Hastings if she could get a projected savings from the Director of Home Health. Legislator Hastings explained that the Health Services Committee agreed that the consultant would do that. Chairman Franzese said that if we are spending money, we need it presented properly in the report from the consultant.
Legislature Young left around 8:05 p.m.
The Clerk said that New York State Association of Board Chairs is taking a survey to see how many counties would be willing to participate in a state proposal wherein sales tax would be exempt on clothing purchases. The proposed trial period is January 18-24, 1997. New York State Association of Board Chairs wants to present a united front in its support of the proposal and asked counties to respond by July 31, 1996. The County Treasurer surveyed local businesses and they felt there would be no major impact on them. Only four out of the five legislators present supported the issue.
Legislator Compton said he has some concerns about the Mobile Work Crew and its work. Chairman Franzese referred Legislator Compton to voice his concerns to the Human Services Committee.
Legislator Halpin wanted to know who was responsible to respond to the letter in reference to SCIDA's audit. Attorney Coleman responded by saying that SCIDA will not go out of business, but could lose their tax exempt status. He has contacted Attorney Connie Fern Miller concerning the issue.
The meeting adjourned at 8:21 p.m.
Gail M. Willis, Clerk
REGULAR MEETING
AUGUST 12, 1996
The August 12, 1996 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 Young and followed by a Moment of Silence. All Legislators were present, except Legislator Burnside who was excused. County Attorney Coleman was also present.
PUBLIC PARTICIPATION 6:34 P.M.: Sue Brill asked a question directed to Legislator Compton about his concern with the Mobile Work Crew. Legislator Compton responded by explaining that the Town of Hector has asked him to look into getting help. He has also been told that their work at Cooperative Extension was not good. Mr. Robert DeNardo spoke up in reference to being very satisfied with the work that the Mobile Work Crew has done for him. Sue Brill asked that anyone who has a complaint to please bring it to her attention. Sue explained that they are going to prioritize their work and everybody may not get what they need right away and that the project is intended to be a training program not a labor program.
Tom Ryan asked about the Household Hazardous Waste Collection Day. He wanted to know if there would be a list issued of what is acceptable. Charlie Roberts, Solid Waste Coordinator responded by saying that there will be a list issued on September 11, 1996. Tom also wanted to know how the Highway Department was involved. Chairman Franzese explained that the Highway land is being used, however, a private contractor will be running the project. Charlie Roberts said that there would be a 3-week pretrial period starting October 26, 1996.
Casey Creamer had some questions concerning Resolution No. 246 on security. He feels the resolution is very vague and wondered what is wrong with the current system. Attorney Coleman explained that he sent Legislator Burnside a memo observing the precise rules that we employ. The concerns did not go unnoticed. Legislator Young suggested that Casey bring up his concerns with the Sheriff directly. Legislator Hastings made a statement about the courts having special rights. Attorney Coleman pointed out that this is a pre-made security system, you take it and use it because it brings with it an exemption. If we put ourselves against the court system, we are clearly contrary to the law. He will defend the policy as it exists now, however, he can not if the Legislature overrules the court system.
Tom Ryan asked in reference to Resolution No. 255, if our records room was protected from fire and flood damage. Chairman Franzese said yes, and the county also microfilms and that is stored at a different location. She also informed Tom that this resolution is to formally establish our Records Management Program that we have so that we can receive grant money next year.
Casey Creamer added that he thought there needed to be a public referendum on Local Law Intro. No. 5 abolishing the Civil Service Commission.
PUBLIC HEARING ON LOCAL LAW INTRO. NO. 4 OF 1996 7:06 P.M.: Bill Randolph, Emergency Services Coordinator, explained that over the last couple of years the alarm systems in this county have gotten worse. Cheap alarms lock up the phone lines in the dispatch center. Mainly the wrong information in the system is the problem, i.e. wrong address, wrong street name, etc. Bill suggests that if someone is looking for a system to make sure it is reliable and have it tested. Mr. Ryan wanted to know when the local law would be effective. Chairman Franzese stated immediately, if it passes tonight.
PUBLIC HEARING ON LOCAL LAW INTRO. NO. 5 OF 1996 7:30 P.M.: Lloyd Prosperi asked if the Legislature were to abolish the Civil Service Commission would they hire more personnel for that office. Mr. Ryan asked that the Legislature explain the change. Legislator Halpin explained that there needs to be efficiency. Right now there are three people on the commission which make decisions on hiring and titling, etc. This would eliminate that. Mr. Ryan asked if the Personnel Director would have to abide by the same Civil Service Law. Legislator Halpin confirmed that yes she would. Lloyd Prosperi questioned the word expedience, he never heard of anyone being denied because of commissioners not meeting or anyone not being appointed because of a political status. Legislator Halpin said that as far as she understands it, the commission does not have a lot of discretion, they follow guidelines. The Personnel Director would have to also. Lory Peck observed that getting a quorum of the commission in the past has been difficult because the commission has not had well-abled bodies on it. He also asked if the personnel officer right now qualifies for the position of Personnel Director? Legislator Halpin explained that she already is doing the job as part of her title as Executive Secretary to the Civil Service Commission with special duties as Personnel Officer. Lloyd Prosperi pointed out section five of the Local Law states that there will be a Deputy Personnel Director appointed. This adds additional responsibilities and feels it is unfair to put more burden on that department. Legislator Compton inquired about the minute taking for the commission and wanted to know why the meetings could not be taped. Tom Ryan wanted to know if there would be an increase in salary. Legislator Halpin explained that there is no step up in salary, it is the same duties that she is doing right now. Nancy Peters questioned the Deputy's salary. Legislator Halpin informed her that there does not need to be a salary, just simply deputize an employee to take over when needed.
RESOLUTION NO. 238 Motion by Young, Second by Thurston.
RE: APPROVE MINUTES OF THE JULY 8, 1996 REGULAR MEETING AND JULY 29, 1996 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the July 8, 1996 Regular Meeting and July 29, 1996 Special Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 7-0.
RESOLUTION NO. 239 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZATION - ADVERTISEMENT AND ACCEPTANCE/REJECTION OF 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 and Frozen Food products as necessary for the terms September 1, 1996 through August 31, 1997 and September 1, 1996 through February 28, 1997, respectively, in accordance with the specifications filed with the Legislative and Purchasing Offices, and
BE IT FURTHER RESOLVED, that all bids must be sealed and received by the Clerk of the Legislature no later than 5:00 p.m. on August 15, 1996. Bids to be opened and reviewed by the Human Services Committee at their August 16, 1996 committee meeting at 9:30 a.m., and
BE IT FURTHER RESOLVED, that the Human Services Committee be given 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 7-0.
RESOLUTION NO. 240 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE CONTRACT WITH MEDIA FINANCIAL SERVICES - SOCIAL SERVICES
WHEREAS, Schuyler County Department of Social Services has a vigorous process for recovering overpayments from closed cases (overpayments are caused by failure of client to timely report changes, special or extra payments required to alleviate any emergency, and agency error), and
WHEREAS, despite this process the Department is unable to obtain repayment agreements from some clients for a variety of reasons, and
WHEREAS, the Department's Paralegal, who is responsible for seeking repayments, has investigated the use of a collection agency to pursue collection of long overdue accounts and has formulated a recommendation based upon her investigation.
NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Department of Social Services and Chairman of the Legislature be authorized to enter into an agreement with Media Financial Services from 9/l/96 - 8/31/97 for collection services on accounts with no response for at least six months at the rate of 24% of any money paid against an account; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 241 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE EQUIPMENT PURCHASE/TRANSFER OF FUNDS - SOCIAL SERVICES
WHEREAS, the Xerox typewriter (fixed asset #6010.01.07) assigned to the Senior Typist in DSS could not be economically repaired, and
WHEREAS, there were budgeted funds remaining in DSS equipment account #6010.2.204 (car).
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer $172 from account no. 6010.204 to account no. 6010.216 for the purchase of a Smith-Corona 88630 typewriter in the Department of Social Services.
VOTE: Passed 7-0.
RESOLUTION NO. 242 Motion by Young, Second by Fitzsimmons.
RE: AUTHORIZE VARIOUS TRANSFER OF FUNDS - SOCIAL SERVICES
BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to make the following account transfers/adjustments for the Department of Social Services:
+$ 8,359 6010.400 Administration - Contractual (HEAP)
+ 8,359 6010-4610 Federal Aid
+ 16,000 6010.395 Medical Transportation
- 10,000 6101.400 Medical Assistance
- 6,000 6010.100 Personal Services
+ 2,500 6010-3610 State Aid Administration
+ 5,000 6010-4610 Federal Aid Administration
- 2,500 6101-3601 State Aid Medical Assistance
- 5,000 6101-4601 Federal Aid Medical Assistance
+ 2,829 6010.400 Administration - Contractual (Parenting)
- 2,829 6070.396 Preventive Services
VOTE: Passed 7-0.
RESOLUTION NO. 243 Motion by Young, Second by Fitzsimmons.
RE: AUTHORIZE CONTRACT WITH ECONOMIC OPPORTUNITY PROGRAM FOR WRAP SERVICES - DEPARTMENT OF SOCIAL SERVICES
WHEREAS, Schuyler County Department of Social Services issued a Request for Proposals for administration of the Weatherization Referral and Packaging (WRAP) program, and
WHEREAS, Schuyler County Department of Social Services plans to do some WRAP education and coordination in-house, and
WHEREAS, NYS Department of Social Services, Bureau of Temporary Assistance, approved an allocation for Schuyler County of $36,896.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement between Schuyler County Department of Social Services and Chemung/Schuyler Economic Opportunity Program for WRAP services, not to exceed $30,000, for the period from July 29, 1996 until the end of the WRAP funding year, not to exceed September 30, 1997; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 244 Motion by Young, Second by Fitzsimmons.
RE: AUTHORIZE EQUIPMENT PURCHASE/TRANSFER OF FUNDS - PUBLIC DEFENDER
WHEREAS, the only equipment provided for the Office of the Public Defender is dictation and transcription equipment which was purchased in 1980, and
WHEREAS, the said units were manufactured by the Lanier Company and have now become obsolete with parts therefore, particularly the drive belts, no longer being obtainable, and
WHEREAS, the budget of the Public Defender's Office has no account for the purchase of equipment as a result of budget trimming efforts in the past, and
WHEREAS, it appears that there may be excess funds in the assigned counsel portion of the budget for the Public Defender for the year 1996, and
WHEREAS, the Schuyler County Purchasing Agent has provided to the Public Defender prices for dictation/ transcription equipment pursuant to both the state bid, Quill Office Supply and Staples Office Supply, and
WHEREAS, it appears that the best value would be the dictaphone model 2751 desktop dictator at $242.72 and the dictaphone model 2752 transcriber at $241.34, as established by the New York State Office of General Services.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer $484.06 from account no. 1170.435 to account no. 1170.200 for the purchase of dictation/transcription equipment by the Office of the Public Defender.
VOTE: Passed 7-0.
RESOLUTION NO. 245 Motion by Young, Second by Fitzsimmons.
RE: AUTHORIZE CONTRACT FOR LEGAL RESEARCH ASSISTANT SERVICES - DISTRICT ATTORNEY
WHEREAS, the District Attorney's Office is desirous of contracting for legal research assistant services, and
WHEREAS, there is $500.00 available to fund this contract in the District Attorney's current 1165.435 Professional Fees account.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a contract with the District Attorney and Katherine P. Scheflen for legal research assistant services at a cost not to exceed $500.00 available in the District Attorney's 1165.0435 Professional Fees account; subject to approval of the Schuyler County Attorney.
VOTE: Passed 6-1. (Name of No: Halpin)
RESOLUTION NO. 246 Motion by Fitzsimmons, Second by Young.
RE: ADOPT SECURITY POLICY FOR MAIN ENTRANCE OF SCHUYLER COUNTY OFFICE BUILDING AND COURT HOUSE
WHEREAS, the Legislature agrees to continue the present system of one entrance for security provisions at least through 1996, and
WHEREAS, all citizens and Schuyler County employees are now required to comply with the security provisions.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts a security policy which states that during the time that the present security provisions remain in full force and effect, all individuals entering the Schuyler County Office Building and Court House will be required to comply.
DISCUSSION: Legislator Halpin stated that she read Attorney Coleman's letter and agrees that OCA personnel have a right to be exempt from their own security system. This resolution is relative to the county's security system. As long as the county has security, everyone should go through it. Legislator Fitzsimmons agreed with Legislator Halpin that until the county reviews the system again in January that everyone including the courts should go through our system.
VOTE: Passed 7-0.
RESOLUTION NO. 247 Motion by Fitzsimmons, Second by Young.
RE: RESOLUTION OF REQUEST FOR A $MART REVIEW FROM THE OFFICE OF THE STATE COMPTROLLER (OSC)
WHEREAS, State Comptroller H. Carl McCall has instituted a program called $MART Review, and
WHEREAS, a $MART review entails the study of a particular function or functions of a local government, and
WHEREAS, at the conclusion of a $MART Review, the Office of the State Comptroller (OSC) issues non-binding recommendations suggesting methods of containing costs and/or enhancing revenues without raising taxes, and
WHEREAS, the benefits of participating in the $MART program have been discussed by those officials involved in the management of the County of Schuyler, and
WHEREAS, a $MART Review must be requested by resolution of the governing board.
NOW, THEREFORE, BE IT RESOLVED, that the Office of the State Comptroller is hereby invited to conduct a $MART Review in the County of Schuyler focusing on Cash Management, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby designates Barbara J. Halpin as its representative to act as a liaison and contact person with OSC during the $MART Review.
VOTE: Passed 7-0.
RESOLUTION NO. 248 Motion by Fitzsimmons, Second by Young.
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN
WHEREAS, the current policy for setting salaries upon reallocation does not always work equitably, and
WHEREAS, the Management and Finance Committee has reviewed the plan and recommends an adjustment.
NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan shall be amended and that the section entitled Compensation Upon Reallocation shall read as follows:
COMPENSATION UPON REALLOCATION
When a Department Head, Deputy Department Head, or confidential employee is reallocated upward to a new position, the employee's salary may be allocated anywhere between the minimum rate up to the mid-point rate at the discretion of the appointing authority with approval of the County Legislature.
The criteria to be used in setting the salary of an employee allocated upward shall be as follows:
From Union status to Management/Confidential:
Minimum for grade or minimum plus an amount not to exceed $5,000.00 based on knowledge,
experience, etc.
Management/Confidential - Elevation of one Labor Grade:
If salary is in the min to mid of present Grade, minimum for grade or minimum plus an
amount not to exceed $5,000.00 based on knowledge, experience, etc. If salary is in the
mid to max of present Grade, add 3-4% to the current salary.
Management/Confidential - Elevation of two Labor Grades:
If salary is in the min to mid of present Grade, add 7-9% to the current salary.
If salary is in the mid to max of present Grade, add 4-5% to the current salary.
VOTE: Passed 7-0.
RESOLUTION NO. 249 Motion by Fitzsimmons, Second by Young.
RE: SET SALARY - DEPUTY CLERK OF LEGISLATURE
BE IT RESOLVED, that this Legislature acknowledge the appointment by Gail M. Willis, Clerk of the Legislature, of Stacy B. Husted as Deputy Clerk of the Legislature effective August 16, 1996 at an annual salary of $20,000.
VOTE: Passed 5-2. (Name of Noes: Hastings, Compton)
RESOLUTION NO. 250 Motion by Fitzsimmons, Second by Thurston.
RE: AMEND RESOLUTION NO. 320-86/HIRING POLICY REGARDING IMMEDIATE FAMILY OF DEPARTMENT SUPERVISORS
BE IT RESOLVED that Resolution No. 320-86 be amended by the addition of the following relationships to paragraph 4, "mother or father-in-law, brother or sister-in-law and daughter or son-in-law", and
BE IT FURTHER RESOLVED, that this policy shall be made part of the Schuyler County Policies and Procedures.
VOTE: Passed 7-0.
RESOLUTION NO. 251 Motion by Fitzsimmons, Second by Thurston.
RE: AMEND SCHUYLER COUNTY POLICIES AND PROCEDURES RELATIVE TO RETIREE HEALTH INSURANCE
BE IT RESOLVED, that the Schuyler County Policies and Procedures be amended by the addition of the following to the section entitled Retiree Health Insurance:
Employees who have retired or resigned prior to attaining the age of 65 years and are not yet eligible for Medicare benefits and then become eligible for Medicare benefits due to Disability or attaining the age of 65 years are responsible to notify the Personnel Department that they are Medicare eligible. A copy of the Medicare card must be given to the Personnel Office and is sent to the health insurance carrier. Upon notification, Medicare Credit (determined annually) will be granted to each eligible insured.
If the insured does not notify the Personnel Department in a timely manner, the Medicare Credit will only be granted retroactive for a maximum of three (3) months, not to exceed the actual number of months paid at the pre-Medicare rate.
This policy will also apply to employees who elect coverage under the COBRA Act.
Special consideration may be requested if an extenuating medical situation prevents prompt notification.
VOTE: Passed 7-0.
RESOLUTION NO. 252 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZE EQUIPMENT PURCHASE/TRANSFER OF FUNDS - TREASURER
WHEREAS, the 1996 budget for the Treasurer's Office included $12,043 for a part-time employee, and
WHEREAS, the Treasurer has determined that it would be more cost effective to not fill the position and to instead increase the efficiency of the office through more expensive computer usage, and
WHEREAS, the office should be moving to its new location before the end of this year and has need for a table and to replace three stenographer chairs.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $6,955 from 1325.100 Personal Services to the following accounts:
1325.206 Chairs $ 450.00
1325.207 Computers 5,300.00
1325.208 Misc. Computer Eq. 670.00
1325.260 Fax Machine 420.00
1325.261 Table 115.00
TOTAL $6,955.00
VOTE: Passed 7-0.
RESOLUTION NO. 253 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZE ADVERTISEMENT FOR PROPOSALS FOR COPIER PROGRAM
WHEREAS, the Management and Finance Committee has requested the Purchasing Agent to pursue the combining of maintenance agreements for county copy machines, and
WHEREAS, such combination entails the standardization of equipment so as to reduce costs.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Purchasing Agent be, and hereby is, authorized to advertise for quotes for a copier program for the County in accordance with specifications on file in the Legislative and Purchasing Offices, and
BE IT FURTHER RESOLVED, that quotes are to be mailed or delivered to the Clerk of the Legislature, 105 Ninth Street, Watkins Glen, NY 14891 no later than 5:00 p.m. Friday, August 23, 1996. Proposals will be opened at a Management and Finance Committee meeting at 9:00 am. on Monday, August 26, 1996. The County of Schuyler reserves the right to accept or reject any or all proposals.
VOTE: Passed 7-0.
RESOLUTION NO. 254 Motion by Fitzsimmons, Second by Halpin.
RE: AUTHORIZE CHAIRMAN TO SIGN "NOTICE TO VACATE" AND THE SHERIFFS DEPARTMENT TO HAND DELIVER NOTICES
BE IT RESOLVED, that the Chairman of this Legislature or 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 7-0.
RESOLUTION NO. 255 Motion by Fitzsimmons, Second by Halpin.
RE: ESTABLISHMENT OF RECORDS MANAGEMENT PROGRAM
WHEREAS, the Schuyler County Records Management Program has been operating since 1990 with funds received from the Local Government Records Management Improvement Fund, and
WHEREAS, the Records Manager position has already been created, and WHEREAS, the equipment needed for the program has been purchased and the Inactive and Archival storage areas are established, and
WHEREAS, the Schuyler County Legislature established by Resolution No. 450-93 a Records Management Advisory Board to coordinate and guide the records program.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature formally establish the Schuyler County Records Management Program for the protection and preservation of county records, and
BE IT FURTHER RESOLVED, that monies be budgeted in the 1997 County budget to operate this program and fund the Records Manager position.
VOTE: Passed 7-0.
RESOLUTION NO. 256 Motion by Fitzsimmons, Second by Halpin.
RE: AUTHORIZE PURCHASE OF EQUIPMENT/TRANSFER OF FUNDS - RECORDS MANAGEMENT
WHEREAS, the Governmental Operations Committee approves of the purchase a camera for the purpose of taking passport photos and pistol permit identification photos, and
WHEREAS, there are sufficient funds in the Records Management budget to pay for the same.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to transfer $500 from account no. 1460.435-1465 to account no. 1460.200-1465 for the aforementioned purchase.
VOTE: Passed 7-0.
RESOLUTION NO. 257 Motion by Young, Second by Hastings.
RE: AUTHORIZE CHANGE ORDER E-2 - CONTRACT WITH DeMUTH ELECTRIC INC.
WHEREAS, the general architect John Harvey presented a proposal letter dated 05/14/96 regarding a request for compensation for added work items during construction period for said project, and
WHEREAS, on 5/20/96 the Public Works Committee reviewed the Change Order in reference to the contract with DeMuth Electric Inc., as follows:
Contract sum prior to this Change Order $ 112,550.00
Contract sum increased by Change Order 1 $ 9,387.00
New Contract sum will be $ 121,937.00
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, that the Schuyler County Legislature does hereby authorize the Chairman of the Legislature to sign Change Order E-2, upon approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 258 Motion by Young, Second by Hastings.
RE: INCREASE THE MAXIMUM ESTIMATED COST FOR THE CONSTRUCTION OF AND ADDITION TO AND RECONSTRUCTION OF PORTIONS OF THE COURT HOUSE/COUNTY OFFICE FACILITY - BUILDINGS AND GROUNDS
WHEREAS, the County is in receipt of the final bills on the above referenced project, and
WHEREAS, the maximum estimated cost of $2,231,757 approved in Resolution No. 399-10/4/94 and the additional $8,015 appropriated in Resolution No. 384-11/13/95 fall short of the actual final cost of $2,244,615.48 by $4,843.48.
NOW, THEREFORE, BE IT RESOLVED, that the maximum estimated cost for this project be increased by $4,843.48 to a total amount of $2,244,615.48 with the funding to come from contingency account no. 1990.5 to capital account no. 004-1620.201.
VOTE: Passed 7-0.
RESOLUTION NO. 259 Motion by Young, Second by Hastings.
RE: AUTHORIZE INSTITUTIONAL PROVIDER AGREEMENT BETWEEN THE HOME HEALTH AGENCY AND EXCELLUS HEALTH PLAN, INC., d/b/a BLUE CROSS AND BLUE SHIELD OF CENTRAL NEW YORK, AND HMO-CNY, INC.
WHEREAS, Resolution No. 93-303 authorized an institutional provider agreement with Blue Cross and Blue Shield of Central New York (BCBSCNY) and HMO-CNY, INC., and
WHEREAS, BCBSCNY is requesting a new agreement to incorporate the amendments made since the 1993 agreement was signed, and
WHEREAS, the amendments allowed for administrative changes, such as the addition of Health Care Management Administrators, Inc., acting as an agent of BCBSCNY for case management, and allowing BCBSCNY to act as a third party administrator for other companies.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature is hereby authorized to execute an Institutional Providers Agreement with Excellus Health Plan, Inc., DBA Blue Cross and Blue Shield of Central New York, Inc. , and its wholly-owned subsidiary, HMO-CNY, Inc., subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 260 Motion by Young, Second by Hastings.
RE: AMEND CONTRACT BETWEEN THE FALLS HOME ASSISTED LIVING PROGRAM AND THE HOME HEALTH AGENCY
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an amendment to the agreement between the Falls Home Assisted Living Program and the Schuyler County Home Health Agency for home care services to incorporate the Home Health Agency's rate increases effective September 1, 1996, subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 261 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZE TRANSFER FUNDS FOR EMERGENCY PURCHASE OF HOT WATER HEATER FOR HIGHWAY GARAGE
WHEREAS, the hot water heater in the Highway Garage needed replacement due to leakage, and
WHEREAS, highway personnel received a quote from Watkins Glen Kitchen and Bath for $330.00 with the purchase being approved by the Purchasing Department with monies available in the 1996 budget.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $330.00 from account no. DM5130.438 to account no. 5130.2 for the aforementioned emergency purchase.
VOTE: Passed 7-0.
RESOLUTION NO. 262 Motion by Young, Second by Thurston.
RE: LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 2 OF THE YEAR 1996 TO REGULATE THE USE AND APPLICATION OF ALARM SYSTEMS WHICH COMMUNICATE WITH THE SCHUYLER COUNTY EMERGENCY COMMUNICATIONS CENTER
WHEREAS, a proposed Local Law regulating the use and application of alarm systems which communicate with the Schuyler County Emergency Communications Center was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held August 12, 1996, 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. 4/Local Law No. 2 of the Year 1996, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 4/Local Law No. 2 of the Year 1996, together with the required text thereof in the official county newspaper.
LOCAL LAW INTRO. NO. 4/LOCAL LAW NO. 2 OF THE YEAR 1996
A LOCAL LAW TO REGULATE THE USE AND APPLICATION OF ALARM SYSTEMS WHICH COMMUNICATE WITH THE SCHUYLER COUNTY EMERGENCY COMMUNICATIONS CENTER
Section 1. Legislative Intent:
The efficient operation of the Schuyler County Emergency Communications Center and the functioning of the Enhanced Emergency Response Program (E-911) require that the various emergency response systems present maximum accessibility to callers, minimal message reception time and minimum response transmission times. Each of these elements will be materially aided by the enactment of rules designed to maintain maximum system access. Accordingly, the purposes of this Local Law are:
A. To regulate the connection of alarm systems with the Emergency Communications Center to prevent the emergency numbers from being jammed or seized by automatic dialing devices, or other such similar devices.
B. To regulate the automatic dialer's message content to ensure that the essential information is received to provide appropriate emergency response.
C. To regulate administrative matters relating to the operations of the Emergency Communications Center to ensure the health, safety, and general welfare of the residents of the County by regulating the use and application of alarm systems, and by providing two alternate seven-digit numbers for the purpose of automatic dialer interconnect.
Section 2. Definitions:
A. The term "alarm system" means any assembly of equipment or device arranged to signal the presence of a hazard requiring urgent attention, and to which police, fire or emergency medically related service agencies are expected to respond. An alarm system shall include automatic dialing device.
B. The term "alarm user" means any person on whose premises, located within the County of Schuyler, an alarm system is owned, operated or maintained by such person or his agents, employees or servants.
C. The term "automatic dialing device" means a device which is connected to a telephone line and is programmed to access a predetermined emergency agency number and transmit, by voice message or coded signal to an emergency agency, and emergency message indicating a need for emergency response.
D. The term "private answering point" refers to a business which offers service receiving emergency signals from alarms and where emergency signals from alarm systems are monitored and thereafter relayed to an emergency agency or Emergency Communication Center.
E. The word "County" means the County of Schuyler, State of New York.
F. The term "Director" means the County of Schuyler Emergency Services Director, or his designated representative, hereinafter the "Director."
G. The term "person" means any person, firm, partnership, association, corporation, company or organization of any kind.
H. The term "special trunkline" means a designated telephone line(s) leading into the County's Emergency Communications Center, and having the primary purpose of handling emergency signals or messages from automatic dialing devices.
I. The term "Emergency Communication Center" means the central dispatching location provided by the County and to receive all emergency calls on behalf of participating agencies.
Section 3. Effective Dates:
Effective August 12, 1996 all automatic dialing devices terminating at the Emergency Communications Center shall be programmed to access designated special trunklines. The designated emergency telephone numbers are "535-8218" and "535-8219". All automatic dialers accessing the Emergency Communications Center shall be programmed to dial the above numbers.
Section 4. Specific Guidelines--Automatic Emergency Dialers:
A. All dialers must be registered with the Communications Center on the prescribed form.
B. Dialers shall not be programmed to dial the number "911" or "535-6642". All automatic dialing devices terminating at the Emergency Communications Center must be programmed to dial the designated seven-digit number authorized in Section 3 above.
C. Dialers shall not hold the telephone line open after the Emergency Communication Center has broken the telephone connection.
D. Dialers shall not dial the Emergency Communications Center more than twice as a result of a single activation.
E. Dialer message must be in the following format:
"This is (name of household or business) reporting a (robbery, burglary, trouble, fire or emergency medical) alarm at (number, street name), (apartment or room number), (floor), (building name), (city, town or village)."
Section 5. Specific Guidelines--Private Answering Points:
Alarm notifications which terminate at a private answering station or point, and are then communicated to the Emergency Communications Center by an individual for appropriate dispatch response, shall be permitted on the designated emergency telephone number's. The calling party shall provide the Emergency Communications Center operator with the following information:
A. Type of alarm activated: (robbery, burglary, trouble, fire, or emergency medical).
B. Name of household or business.
C. Street number and name.
D. Apartment, room number or floor.
E. Building name.
F. Nearest intersecting street or road (if applicable).
G. City, town or village.
H. Any additional information as requested by the Emergency Communications Center
operator.
I. Agency to be dispatched.
The calling party shall promptly terminate the call upon transmission of the above information.
Section 6. Alarm Testing:
The testing of automatic alarm dialers shall be permitted in accordance with the following procedures:
A. Business and residential alarms may be tested a maximum of four (4) times per year. Such testing shall be conducted during the hours of 8:00 a.m. to 4:00 p.m. Exceptions for frequency of tests and hours will be granted when an alarm is being tested as a result of alarm maintenance or repair.
B. Prior to the alarm test, the user must contact the County's Emergency Communications Center to notify the Center of the test. The caller must provide his name, address, telephone number and type of alarm being tested. The telephone number to be used when requesting an alarm test is "535-8222". If for any reason the alarm test cannot be conducted, the operator will advise the user and the test shall be rescheduled at a time which is designated by the Emergency Communications Center operator.
C. Upon test completion, the user shall recall the Emergency Communications Center by calling the administrative number and verify the alarm test. The caller must identify himself and advise the operator of the name of the household or business and request validation of the test.
D. The Emergency Communications Center operator will monitor, test and evaluate clarity of message, tone and message completeness.
Section 7. Penalty for Non-compliance:
Any person, business or firm programming an automatic dialing device to call the emergency telephone numbers (E-911 or 535-6642) of the County of Schuyler shall be liable for a civil penalty of $500.00.
In addition to the civil penalty, non-compliance with any of the procedures contained herein is a violation of Section 4 of this Local Law and punishable by a fine of not less than $500.00 and not more than $1,000.00, or by a term of imprisonment not to exceed fifteen (15) days, or by both such fine and imprisonment.
A Director or his designee may order the alarm user to immediately disconnect any device not conforming with provisions of this Law from the emergency number. The failure by such alarm user to obey such order shall be a violation punishable by a fine of not less than $500.00 and not more than $1,000.00, or by a term of imprisonment not to exceed fifteen (15) days, or by both such fine and imprisonment.
Additionally, the owner of such alarm system shall be liable for a civil penalty of $500.00 for the failure to obey such order.
Section 8. Right to Refuse to Allow Automatic Dialers to Interconnect with Designated Seven-Digit Number:
The Director may refuse to permit any person, business or firm the right to program its automatic dialing device to access the designated special seven-digit number's when the Director has reason to believe that the use of the device would adversely impact the operations of the Emergency Communications Center.
Section 9. Jurisdiction:
These regulations shall pertain to all alarm systems which terminate at the Emergency Communications Center. The Director may from time to time issue amendments, in writing, to these regulations. All regulations shall be issued with an effective date. It is the duty of all alarm users to keep advised of amendments to the existing procedures and make appropriate changes and/or modifications as required.
Section 10. Effective Date:
This Local Law shall take effect immediately.
VOTE: Passed 7-0.
RESOLUTION NO. 263 Motion by Halpin, Second by Fitzsimmons.
RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. 3 OF THE YEAR 1996 TO ABOLISH THE CIVIL SERVICE COMMISSION OF THE COUNTY OF SCHUYLER AND SUBSTITUTE A PERSONNEL OFFICER THEREFOR
WHEREAS, a proposed Local Law to abolish the Civil Service Commission of the County of Schuyler and substitute a Personnel Officer therefor was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held August 12, 1996, 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. 5/Local Law No. 3 of the Year 1996, 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. 5/Local Law No. 3 of the Year 1996, together with the required text thereof in the official county newspaper.
LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. 3 OF THE YEAR 1996
To abolish the Civil Service Commission of the County of Schuyler and substitute a Personnel Officer therefor.
SECTION 1. The County of Schuyler, pursuant to the provisions of Sections 15 and 16 of the Civil Service Law of the State of New York does hereby elect to change the form of administration of the Civil Service in Schuyler County from administration by a Civil Service Commission to administration by a Personnel Officer.
SECTION 2. The Civil Service Commission of the County of Schuyler is hereby abolished one (1) year after the date of the adoption of this local law.
SECTION 3. The position of County Personnel Officer is hereby established effective August 12, 1997 (One year from adoption).
SECTION 4. Any unexpended appropriations in the Civil Service account shall be appropriated for the Personnel Officer.
SECTION 5. The Personnel Officer shall designate a deputy within the Personnel Office and such deputy shall exercise all powers of the Personnel Officer in the event of incapacity, prolonged absence or when determined by the Personnel Officer.
SECTION 6. The Personnel Officer shall perform all duties allowed and required under New York State Civil Service Law and Regulations in the administration of the Civil Service in Schuyler County.
VOTE: Passed 6-1. (Name of No: Compton)
RESOLUTION NO. 264 Motion by Fitzsimmons, Second by Young.
RE: APPLICATION FOR PRIVATE INDUSTRY COUNCIL'S (PIC) TITLE IIC EXEMPLARY YOUTH EMPLOYMENT AND TRAINING PROGRAM
WHEREAS, Schuyler County has at times been considered to have the highest youth unemployment rate of any county in New York State including the counties of the New York City area, and
WHEREAS, the Chemung-Schuyler-Steuben Private Industry Council (CSS-PIC) awards grants for employment of youth, and
WHEREAS, the Schuyler County Youth Bureau after seven years of administering the Summer Youth Employment and Training Program (SYETP) along with their involvement with the Persons in Need of Supervision (PINS) and Runaway and Homeless Youth Act Program, is familiar with the "at risk" and low-income teenagers in need of this employment program.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau be authorized to apply for CSS-PIC Exemplary Youth Program (EYP) Funds for the 1996-97 school year, and
BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be, and hereby is, authorized to execute any documents necessary to secure these EYP funds through CSS-PIC, subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 265 Motion by Fitzsimmons, Second by Young.
RE: CORNELL COOPERATIVE EXTENSION - SCHUYLER COUNTY CLERK - RECORDS MANAGEMENT SERVICES
BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement between Cornell Cooperative Extension and the Schuyler County Clerk, as Records Management Officer, from October 1, 1996-March 31, 1997, for records management services in an amount not to exceed $5,893.00; subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 266 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE TRANSFER OF FUNDS - LEGISLATURE
WHEREAS, the Legislative Office is in receipt of a bill from its labor counsel, Harter, Secrest & Emery Attorneys, in the amount of $1,697.87 for services rendered in June, 1996, and
WHEREAS, the Legislative budget line item .435-professional fees and services has been depleted for the year 1996.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $1,697.87 from Contingency account no. 1990.5 to Legislative account no. 1010.435.
VOTE: Passed 7-0.
RESOLUTION NO. 267 Motion by Fitzsimmons, Second by Young.
RE: ACCEPT PROPOSAL FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY
WHEREAS, the County has appropriated monies in its 1996 budget for a household hazardous waste collection program, and
WHEREAS, the Recycling Coordinator has issued a Request for Proposals for said program in conjunction with a consultant from Chemung County and with approval of the Schuyler County Attorney.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Community Development and Natural Resources Committee, Recycling Coordinator and consultant, this Legislature hereby accept the proposal from Laidlaw Environmental Services Northeast, Inc. for a Household Hazardous Waste Collection Day to be held on October 26, 1996 at the Schuyler County Highway Department property at a rate not to exceed $12,000 to be paid from account no. 8160.346, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any and all documents necessary to effectuate the above-referenced proposal acceptance; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 268 Motion by Hastings, Second by Halpin.
RE: AUTHORIZE EQUIPMENT PURCHASE/TRANSFER OF FUNDS - LEGISLATURE
WHEREAS, the Legislative Office has two hand held tape recorders which are no longer functioning properly, and
WHEREAS, it is the recommendation of the Clerk of the Legislature that the two hand held tape recorders be replaced with a desktop recorder/transcriber.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $234.00 from account no. 1010.401 - Miscellaneous to account no. 1010.211 for the aforementioned purchase.
VOTE: Passed 7-0.
RESOLUTION NO. 269 Motion by Hastings, Second by Halpin.
RE: CONTRACT AMENDMENT - MILLER ASSOCIATES FOR HOME HEALTH AGENCY THERAPY SERVICES
WHEREAS, the Home Health Agency currently has a contract with Miller Associates to provide speech therapy services to Home Health Agency patients from October 1, 1995 through September 30, 1996, at the rate of $35.00 per hour, and
WHEREAS, the Home Health Agency would like to amend this contract as follows:
Renew the contract for speech therapy services at the rate of $36.00 per hour from October 1, 1996 through September 30, 1997;
Add physical therapy services at the rate of $36.00 per hour from August 1, 1996 through September 30, 1997;
Add occupational therapy services at the rate of $40.00 per hour from August 1, 1996 through September 30, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an amended contract with Miller Associates as noted above, subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 270 Motion by Hastings, Second by Halpin.
RE: RENEW CONTRACT WITH SCHUYLER HOSPITAL FOR PHYSICAL THERAPY SERVICES
WHEREAS, the Home Health Agency had a contract with Schuyler Hospital to provide physical therapy services at the rate of $35.00 per hour, and
WHEREAS, Schuyler Hospital has requested a rate increase to $37.00 per hour from 7/1/96 through 6/30/97.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a renewal agreement with Schuyler Hospital, Inc., for physical therapy services to Home Health Agency patients at the rate of thirty-seven dollars per hour ($37.00/hour) from July 1, 1996 through June 30, 1997, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 271 Motion by Hastings, Second by Halpin.
RE: RENEW CONTRACT WITH SCHUYLER HOSPITAL FOR OCCUPATIONAL THERAPY SERVICES
WHEREAS, the Home Health Agency had a contract with Schuyler Hospital to provide occupational therapy services at the rate of $35.00 per hour, and
WHEREAS, Schuyler Hospital is now contracting for occupational therapists and is paying $47.00 per hour through December 31, 1996, and
WHEREAS, Schuyler Hospital is requesting a rate increase to $37.00 per hour from 7/1/96 through 6/30/97, with the option of increasing its rate effective January 1, 1997, when it renegotiates its subcontract.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a renewal agreement with Schuyler Hospital, Inc., for occupational therapy services to Home Health Agency patients, at the rate of fifty dollars per hour ($37.00/hour) from July 1, 1996 through June 30, 1997, with the option to increase the rate January 1, 1997, subject to approval of the Schuyler County Legislature and the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 272 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE CONTRACT WITH CENTER OF GOVERNMENTAL RESEARCH FOR EFFICIENCY STUDY
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with the Center for Governmental Research (CGR) for an efficiency study relative to the Home Health Agency, Mental Health Department and children and youth programs as outlined in the proposal (on file) at a cost of $48,500.00, subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer funds accordingly:
FROM ACCOUNT NO. TO ACCOUNT NO. AMOUNT
1230.0100
1010.435
$ 22,600
1230.0439
1010.435
$ 350
9030.0802
1010.435
$ 1,729
9055.0806
1010.435
$ 89
9060.0807
1010.435
$ 2,475
9010.0801
1010.435
$ 768
1910.0419
1010.435
$ 86
TOTAL
$ 28,097, and
BE IT FURTHER RESOLVED, that the Legislature hereby create a working committee to act as a centralized point for questions and concerns from CGR to consist of the following membership:
EFFICIENCY ANALYSIS COMMITTEE
Robert E. Burnside, Charles E. Young, Robert J. Fitzsimmons, Patricia L. Hastings, and Barbara J. Halpin
DISCUSSION: Legislator Young expressed his concern over the cost of $48,500. He feels it is too high and the time frame is too short. Legislator Hastings said that if we do not do all four areas, it would be a waste of time and money. Legislator Halpin explained that CGR has agreed to being paid in two different increments. If the County Manager position fails on the ballot this fall we will have the money to pay CGR out of 1996 funds. If the position passes, we will pay the other half out of 1997 funds. Chairman Franzese stated that she wishes they could do it in portions, rather than all at once. Her concern is whether or not the money will be there in 1997 to pay for the study. Legislator Hastings stated for the record that for four or five years this issue has been thought of and from January to June has been studied by her committee. Departments are only receiving 28% reimbursement. This county needs the study and needs it now. We need an expert to tell us how to go about making changes so they will work for us, like it is working for Wayne County. Legislator Young said that he would have been more comfortable going out to bid for it. Legislator Halpin addressed Legislator Compton's comment about eight legislators being able to do this themselves. She feels they are not knowledgeable enough to look at Home Health's billing and accounting. This study is too complex, the departments involved receive state aid and other confusing issues that they are not capable of figuring out. We need to do the whole study, all or none. Legislator Fitzsimmons stated that they need to share in this investment. They invest in IDA, Chamber of Commerce, etc., and should follow through on this. He feels that two legislators have researched this project for a long time and the dollars are set aside for investments like this, so lets use it. Legislator Young questioned how we would budget the balance owed for 1997. Legislator Halpin explained that it would go in the Legislative line item for professional services. Legislator Young said for the record, he is voting yes reluctantly. He would have felt better if it had been bid out and an inquiry made to a University like Cornell or SUNY. Legislator Halpin informed Legislator Young that they did discuss in Legislative Committee looking into other groups such as the Rockefeller Institute and NYSAC to do the research. CGR was the only group that could deliver by November 1, 1996 and the Legislative Committee was impressed by the money saved in other counties. Chairman Franzese stepped down and Legislator Fitzsimmons assumed Chairmanship. Legislator Franzese commented on the Wayne County research that was done. She is concerned that the county is not prepared to spend money out of the 1997 budget. There are salary increases, health insurance, reduced aid, etc. that have to be thought of. They are spending tax payers money and should do this one step at a time. She would like to bring the departments together first, then get feedback from them before they go any further. Legislator Franzese also wanted to know why they did not go with NYSAC. Legislator Hastings explained that the study NYSAC agreed to do for $10,000 is what the committee has already done. Chairman Franzese assumed Chairmanship. Legislator Young stated, for the record, that he will still vote yes because he can see they need it, however, it bothers him that they are not guaranteed, that it did not go out for bid, and that it is such a short time frame.
VOTE: Passed 6-1. (Name of No: Franzese)
RESOLUTION NO. 273 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE TEMPORARY HELP - MOTOR VEHICLE DEPARTMENT
WHEREAS, the Motor Vehicle License Clerk is on an extended medical leave of absence for a worker's compensation approved surgery performed on May 4, 1996 and an aneurism surgery, and
WHEREAS, there is another compensation approved surgery scheduled for after August 21, 1996, and
WHEREAS, the current staff cannot meet the demands of that office for that length of time, and a Kelly Services worker is already in place filling the temporary position.
NOW, THEREFORE, BE IT RESOLVED, that the County Clerk be authorized to utilize the Kelly Services for another 12 week period at the rate of $10.00 per hour.
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $4,200.00 from account number 1410.100-personal services to account number 1410.435-professional fees and services to cover the cost thereof.
VOTE: Passed 7-0.
RESOLUTION NO. 274 Motion by Fitzsimmons, Second by Young.
RE: MOTION TO BRING ONE (3) RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that three (3) resolutions be brought to the floor.
VOTE: Passed 7-0.
RESOLUTION NO. 275 Motion by Hastings, Second by Fitzsimmons.
RE: AUTHORIZE AGREEMENT WITH THE VILLAGE OF WATKINS GLEN TO SELL PROPERTY LOCATED AT 137 MONROE STREET, TAX MAP #65.13-1-37, AT THE COUNTY TAX AUCTION
WHEREAS, the Village of Watkins Glen took a Deed to the above referenced property on September 8, 1995, and
WHEREAS, this property is also eligible for foreclosure by the County, and
WHEREAS, a split of any proceeds from the sale of this property after the auctioneer's fee should be 40% to the Village of Watkins Glen and 60% to the County of Schuyler.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into an agreement with the Village of Watkins Glen to sell the above referenced property at the County Tax Auction on September 21, 1996, upon preparation of said agreement by the Village Attorney, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 276 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO EMILY KATHRYN SEYMOUR
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Hector, County of Schuyler and State of New York, more particularly described as tax map number 7.-1-31, parcel number 401-1416-01, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for the full amount of taxes, penalties, interest and other County expenses involved with the property with a ten percent deposit of $607.42.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Emily Kathryn Seymour, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 7-0.
RESOLUTION NO. 277 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO PHILIP UHLER
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Catharine, County of Schuyler and State of New York, more particularly described as tax map number 108.-1-28, parcel number 102-0272-04, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for the full amount of taxes, penalties, interest and other County expenses involved with the property with a ten percent deposit of $8,373.32.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Philip Uhler, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 7-0.
REPORT ON STANDING COMMITTEES: Chairman Franzese commented on committee attendance. The Legislative Committee needs to be more active and she encouraged all legislators to attend.
Legislator Fitzsimmons brought the Legislature up to date on the Planning Department. The Planning intern is no longer there and has returned to graduate school. At the current time there are no planning services and they will discuss feedback at the next committee meeting.
Legislator Fitzsimmons also commented on a chart he has developed on sales tax and property tax for other counties compared to ours.
Legislator Hastings reported on the Lakes Association. The Lamoka/Waneta issue about Sonar was a heated discussion at that meeting. There are town supervisors upset that they were passed by on this topic. We need to talk about it as a serious issue, along with cleaning up tributaries. Legislator Fitzsimmons requested the Chairman to write a letter to EMC to get their feeling about Sonar. Legislator Hastings agrees that the Association needs direction from this Legislature. Chairman Franzese has met with the Lakes Association and they are looking to form a district first then look into sonar. Legislator Fitzsimmons added that EMC might go further with a letter asking them to research. Nancy Peters asked if the Legislature knew that they might have to fund the money for the application. Chairman Franzese stated that it would not be taxpayers money. A resolution will be coming out of Community Development and Natural Resources to create an agency.
Legislator Hastings reported that the Health Services committee meeting with Schuyler Hospital and Mr. Swinnerton went well, they have a better understanding.
OTHER BUSINESS: Lory Peck asked questions on sales tax and how much money has been spent out of contingency to pay for labor attorneys. Legislator Halpin told him she would get those figures for him after the meeting. He also brought up the question of whether there is a conflict of interest between our labor attorney being the Chairman of the board for CGR. Legislator Halpin and Attorney Coleman corrected Lory by stating that it has been resolved, there is not a conflict.
The meeting adjourned at 9:37 p.m.
Diane M. Hughey, Deputy Clerk
Stacy Husted, Personal Secretary
REGULAR MEETING
SEPTEMBER 9, 1996
The September 9, 1996 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 Burnside and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.
PUBLIC PARTICIPATION 6:32 P.M.: Lory Peck was interested in how much money the Legislature has transfered to pay labor counsel and how much was budgeted. Legislator Halpin informed Lory that the Legislature has transfered, to date, $21,614.27 and $10,000 was budgeted. Lory also asked about the county getting a World Wide Web page that was discussed a month ago. Legislator Thurston explained that the work is in progress and that if it is to be built it won't be until the 1997 budget year. Tom Ryan asked if the Seneca Harbor Pier closing is close to being done. Attorney Coleman stated that it should be final in a week to ten days. Lory Peck asked what the Legislature was doing in the absence of a planner. Legislator Fitzsimmons told Lory that there will be a proposal made by Cooperative Extension on the agenda for the next Community Development and Natural Resources Committee meeting on Monday, September 16, 1996 at 1:30 p.m. and that the Legislature is postponing hiring until that proposal is heard. Tom Ryan asked who was researching the power issue for Schuyler County. Legislator Young informed Tom that he was following Chemung County and has some research material from when it was once looked at before. Legislator Young also said that the program would be worthwhile if we get declared a municipality, however, they need people who know what they are doing and there is a lot of costs involved. He also stated that in the long run there will be savings, but to start it is expensive.
RESOLUTION NO. 278 Motion by Burnside, Second by Halpin.
RE: APPROVE MINUTES OF THE AUGUST 12, 1996 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the August 12, 1996 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 279 Motion by Compton, Second by Young.
RE: AUTHORIZE CREATING POSITION OF DEPUTY SHERIFF AND AUTHORIZE HIRING
WHEREAS, Federal funds have been awarded to Schuyler County to hire a Deputy Sheriff under the expanded COPS Grant (Community Oriented Policing), and
WHEREAS, several communities in Schuyler County, especially Odessa and Montour Falls, have requested more patrols and more crime prevention programs, and
WHEREAS, these funds are being given for a 3-year period and matching funds are available for these programs to insure there is no direct cost to the local taxpayers.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the creation of a Deputy Sheriff position in the Sheriff's Department for the 3-year funding period of the COPS grant with the 25% matching funds available in account no. 3110.100, and
BE IT FURTHER RESOLVED, that the Sheriff be authorized to fill this position as funds are made available.
DISCUSSION: Legislator Burnside asked if the Sheriff was matching funds out of his budget, because the Sheriff informed him that he was going to be awarded $1,800 from a grant. The Treasurer stated that if a grant is received it will be used, however, she is not aware of any. Legislator Halpin suggested that the Legislature pass this resolution now and do another resolution later to adjust his budget if funds become available. Legislator Hastings suggested that Legislator Burnside as Chairman of the Public Safety/Criminal Justice Committee make sure that county tax payers money is not being spent on this position.
VOTE: Passed 7-1. (Name of No: Compton)
RESOLUTION NO. 280 Motion by Compton, Second by Young.
RE: ESTABLISH LAMOKA/WANETA LAKE PROTECTION AND REHABILITATION DISTRICT
WHEREAS, a petition for the establishment of Lamoka/Waneta Lake Protection and Rehabilitation District (Schuyler County) has been filed on August 5, 1996 requesting the formation and establishment of Lamoka/Waneta Lake Protection and Rehabilitation Schuyler County Agency having all the powers under Sections 252, 253 and 254 of the County Law in order to investigate and receive a District Formation Report prepared pursuant to Section 253 of the County law to be submitted by the Petitioners at their own cost and expense together with the map and plans of said proposed District in order that said Agency may submit their written report to the Schuyler County Legislature.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the provisions of Article 5A of the County Law this board hereby appoints and establishes a body for the formation of the Lamoka/Waneta Lake Protection and Rehabilitation District (Schuyler County) composed of the following individuals:
STEUBEN AND SCHUYLER COUNTY TAX DIRECTORS
STEUBEN AND SCHUYLER COUNTY LEGISLATIVE REPRESENTATIVES
STEUBEN AND SCHUYLER COUNTY PUBLIC HEALTH REPRESENTATIVES
STEUBEN AND SCHUYLER COUNTY PLANNERS
STEUBEN AND SCHUYLER COUNTY TREASURERS
STEUBEN AND SCHUYLER COUNTY ENVIRONMENTAL REPRESENTATIVES (EMC)
to be known as and act as Schuyler/Steuben County Lake Protection and Rehabilitation Agency, and
BE IT FURTHER RESOLVED, that said Agency hereby created shall have all the powers and authority conferred by virtue of said Article 5A of the County Law and submit its written report to the County Legislature.
* - Legal opinion, maps and list of owners on file.
DISCUSSION: Legislator Young informed the public that he will be voting yes on this resolution as long as the people involved understand that SONAR offers a second problem, it feeds other vegetation and eventually you have to increase the dosage year after year. Chairman Franzese stated for the record that passing this resolution tonight does not mean the Legislature supports SONAR, it means that we are allowing the District to follow the first step of the law which is forming a Committee to receive reports, gather data and report to the Legislature for further action. Legislator Thurston stated that he did his own research on this issue and received phone calls against and a petition against the formation of a special tax district (petitions submitted to the Clerk). He wanted the public to know that he was against the tax district and the chemicals and he was going to vote no. Kevin Morris explained that the phone calls and petition was part of the process, certainly there are going to be some people against this, but asked that the democratic process continue. Legislator Hastings commented that it is a hard decision, the people involved have worked hard on coming up with a solution and like Legislator Thurston she has received calls for and against the district and right now she can not support it either. Chairman Franzese stated that she is voting in support of the agency not a tax district.
VOTE: Passed 5-3. (Name of Noes: Compton, Hastings, Thurston)
RESOLUTION NO. 281 Motion by Compton, Second by Young.
RE: APPOINTMENT - PRIVATE INDUSTRY COUNCIL
BE IT RESOLVED, that this Legislature approve the appointment of Lee L'Amoreaux to the Private Industry Council effective immediately for a term ending September 30, 1999.
VOTE: Passed 8-0.
RESOLUTION NO. 282 Motion by Young, Second by Thurston.
RE: AUTHORIZE ONE-WEEK SALES AND USE TAX CLOTHING AND FOOTWEAR EXEMPTION - FAILED
BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes a one-week sales and use tax clothing and footwear exemption as follows:
SECTION 1 Receipts from sales of and consideration given or contracted to be given for purchases of clothing and footwear exempt from state sales and compensating use taxes pursuant to paragraph 30 of subdivision (a) of section 1115 of the tax law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction.
SECTION 2. This resolution shall take effect immediately and shall apply to sales made and uses occurring during the period commencing January 18, 1997 and ending January 24, 1997, although made or occurring under a prior contract.
VOTE: Failed 4-4. (Name of Noes: Compton, Thurston, Fitzsimmons, Young)
RESOLUTION NO. 283 Motion by Young, Second by Thurston.
RE: AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH FOR REIMBURSEMENT OF RABIES EXPENSES FROM 4/1/96 THROUGH 3/31/97
WHEREAS, Resolution No. 165 passed April 11, 1994 authorized a contract with the New York State Department of Health for reimbursement of rabies program expenses from April 1, 1993 through March 31, 1998, and
WHEREAS, the New York State Department of Health has authorized reimbursement of up to $6,500 in expenses from April 1, 1996 through March 31, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute an amended agreement with the New York State Department of Health to reimburse rabies expenses from 4/1/96 through 3/31/97, up to a maximum of $6,500; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 284 Motion by Thurston, Second by Burnside.
RE: CONTRACT RENEWAL - ODESSA-MONTOUR CENTRAL SCHOOL DISTRICT FOR THE TRANSPORTATION OF PRESCHOOL HANDICAPPED CHILDREN
WHEREAS, Section 4410 of the NYS Education Law requires Schuyler County to provide transportation to preschool children with disabilities, and
WHEREAS, the Odessa-Montour Central School District (OMCS) has agreed to transport the preschool children within its district to the SCT BOCES preschool program in Watkins Glen as long as the county agrees to reimburse OMCS for any extra expenses that it incurs, and
WHEREAS, OMCS is requesting that the County provide car seats for the children under age four, and that the County reimburse OMCS at the rate of $16.64 per day for a monitor on one bus to assist the preschool children.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Odessa-Montour Central School from 9/1/96 through 6/30/97 to reimburse OMCS at the rate of $16.64 per day for a monitor on one bus to assist the preschool children; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 285 Motion by Thurston, Second by Burnside.
RE: EARLY INTERVENTION/INFANT-CHILD HEALTH ASSESSMENT PROGRAM GRANT - AUTHORIZE GRANT RENEWAL AND ESTABLISH BUDGET FROM 10/1/96 - 9/30/97
WHEREAS, Schuyler County had a contract with the New York State Department of Health to provide services for the Infant-Child Health Assessment Program and the state-mandated Early Intervention Program from October 1, 1991 through September 30, 1996, and
WHEREAS, this contract is expected to be renewed from October 1, 1996 through September 30, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an renewal of this agreement with the New York State Department of Health from October 1, 1996 through September 30, 1997, subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED that the 1996-97 EIP/ICHAP budget be established from 10/1/96 - 9/30/97 as follows:
$20,000 to account no. 4010.100-4031 - Personal Service
$ 500 to account no. 4010.201-4031 - Misc. Equipment
$ 500 to account no. 4010.208-4031 - Computer Equipment
$ 200 to account no. 4010.402-4031 - Advertising
$ 500 to account no. 4010.430-4031 - Mileage
$ 500 to account no. 4010.431-4031 - Office Supplies
$ 900 to account no. 4010.435-4031 - Professional Fees
$ 500 to account no. 4010.466-4031 - Staff Development
$ 6,718 to account no. 4010.489-4031 - Fringe Benefits
$30,318 TOTAL EXPENSES
$15,318 to grant revenue account no. 4010.4401-4031
$15,000 to grant revenue account no. 4010.4451-4031
VOTE: Passed 8-0.
RESOLUTION NO. 286 Motion by Thurston, Second by Burnside.
RE: AUTHORIZE PURCHASE OF LAPTOP COMPUTER AND TRANSFER EARLY INTERVENTION/ INFANT-CHILD HEALTH ASSESSMENT PROGRAM GRANT FUNDS
WHEREAS, the Public Health Office has a need for a laptop computer and has grant funds available for this purchase, and
WHEREAS, the Computer Coordination Committee has approved this request.
NOW, THEREFORE, BE IT RESOLVED, that the Public Health Office is hereby authorized to purchase a computer and the County Treasurer is to transfer funds as follows:
- 800 account no. 4010.100-4021 - Personal Service
- 500 account no. 4010.201-4021 - Misc. Equipment
+ 1,700 account no. 4010.208-4021 - Computer Equipment
- 200 account no. 4010.402-4021 - Advertising
- 200 account no. 4010.430-4021 - Mileage
VOTE: Passed 8-0.
RESOLUTION NO. 287 Motion by Hastings, Second by Young.
RE: AUTHORIZE PURCHASE OF VECTOR SYSTEMS' prnPLUS PRACTICE MANAGEMENT SOFTWARE FOR HOME HEALTH AGENCY BILLING AND AUTHORIZE TRANSFER OF FUNDS
WHEREAS, the Home Health Agency has utilized Delta Health System's batch computer billing system for several years, and
WHEREAS, Delta Health Systems has notified the Home Health Agency that it will no longer provide this particular service after December 31, 1996, but would provide a replacement in-house system for approximately $11,500 plus $306 per month for support, and
WHEREAS, the Home Health Agency has chosen replacement billing software from Vector Systems for $2,500, plus $750 per year for support, and
WHEREAS, the Computer Coordination Committee has approved this decision.
NOW, THEREFORE, BE IT RESOLVED that the Home Health Agency is hereby authorized to purchase a license to use Vector System's prnPLUS software, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to execute a Software Sales Agreement with Vector Systems in the amount of $2,500, which includes installation and 40 hours of training, and $150 per half day session for additional training; and a Consulting Agreement in the amount of $35 per hour for additional consulting services; subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that funds will be transferred for this purchase as follows:
- $1,700 account no. 4010.490
+ $1,700 account no. 4010.278
VOTE: Passed 8-0.
RESOLUTION NO. 288 Motion by Hastings, Second by Young.
RE: CONTRACT - PATTI RONSVALLE COUNSELING & CONSULTING SERVICES, INC. - MENTAL HEALTH
BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an agreement with Patti Ronsvalle Counseling & Consulting Services, Inc., a subsidiary of Big Kids Publishing, Inc. effective immediately through December 31, 1997 in an amount not to exceed $5,000 for 1996 and $17,500 for 1997, for Mental Health consultation, prevention, education, outreach and related services, to the Schuyler County Community Services Board; agreement subject to approval by the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 289 Motion by Hastings, Second by Young.
RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH FIVE LAKES DEVELOPMENT FOR SENECA HARBOR PARK GRANT ADMINISTRATION
WHEREAS, this Legislature previously authorized the Planning Department to apply for matching fund grant monies for the development of plans to implement the Local Waterfront Revitalization Program (LWRP) per Resolution No. 150-96, and
WHEREAS, the County was approved for a grant in the amount of $75,000, and
WHEREAS, the matching funds for the project have been generated by the fund raising campaign coordinated by the Five Lakes Development Corporation, and
WHEREAS, the Planning Director has since resigned and Five Lakes Development Corporation has requested authorization to administer the grant at no cost to the county.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign a Memorandum of Understanding with Five Lakes Development Corporation for the administration of grant monies for the Seneca Harbor Park schematic design project at no cost to the county; said Memorandum of Understanding subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 290 Motion by Young, Second by Burnside.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO THOMAS E. GOLDEN
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Montour, County of Schuyler and State of New York, more particularly described as tax map number 96.2-1-14, parcel number 503-1327-00, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $8,179.88, the full amount of taxes, penalties, interest and other County expenses involved with the property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Thomas E. Golden, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 291 Motion by Young, Second by Burnside.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO ANTON SPYCHER
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Tyrone, County of Schuyler and State of New York, more particularly described as tax map number 39.5-1-7, parcel number 801-1869-00, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $5,146.54, the full amount of taxes, penalties, interest and other County expenses involved with the property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Anton Spycher, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 292 Motion by Young, Second by Burnside.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO ANTON AND MARIANNE SPYCHER
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Tyrone, County of Schuyler and State of New York, more particularly described as tax map number 39.5-1-40, parcel number 801-1103-10, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $512.85, the full amount of taxes, penalties, interest and other County expenses involved with the property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Anton and Marianne Spycher, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 293 Motion by Young, Second by Burnside.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO JOSEPH AND BARBARA FAZZARY
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Dix, County of Schuyler and State of New York, more particularly described as tax map number 65.14-1-53, parcel number 301-2021-00, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $10,857.81, the full amount of taxes, penalties, interest and other County expenses involved with the property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Joseph and Barbara Fazzary, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 294 Motion by Young, Second by Burnside.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO FRANKLIN L. AND DEBORAH SEAFUSE
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Catharine, County of Schuyler and State of New York, more particularly described as tax map number 108.-1-24.2, parcel number 102-0272-03, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $3,947.14, the full amount of taxes, penalties, interest and other County expenses involved with the property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Franklin L. & Deborah Seafuse, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 295 Motion by Young, Second by Burnside.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO DANIEL J. DRAKE
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Dix, County of Schuyler and State of New York, more particularly described as tax map number 96.-1-20.2, parcel number 303-3590-03, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $12,715.46, the full amount of taxes, penalties, interest and other County expenses involved with the property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Daniel J. Drake, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 296 Motion by Halpin, Second by Young.
RE: AUTHORIZE TRANSFER OF FUNDS - LEGISLATURE
WHEREAS, this Legislature has decided to do an educational mailing to the registered voters in the county on the ballot propositions, and
WHEREAS, Schuyler Arc has quoted the lowest price to do the bulk mailing, and
WHEREAS, there are appropriations available in account no. 1230-County Administrator for the same.
NOW, THEREFORE, BE IT RESOLVED, that the Legislative Clerk be authorized to utilize the services of Arc for a bulk mailing at a cost of $1,680 for 6000 pieces, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to make the following account transfers:
AMOUNT FROM ACCOUNT NO. TO ACCOUNT NO.
$500 1230.409
1010.433
$500 1230.410
1010.433
$600 1230.431
1010.433
$250 1230.433
1010.433
$ 50
1230.433
1010.410
VOTE: Passed 8-0.
RESOLUTION NO. 297 Motion by Halpin, Second by Young.
RE: AUTHORIZE LETTER OF AGREEMENT WITH PERRY & SWARTWOOD
WHEREAS, the County has solicited proposals for health insurance, and
WHEREAS, the proposals have been received and opened and it is recommended that a consultant is needed to analyze the results.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a Letter of Agreement with Perry & Swartwood Insurance for analysis of the health insurance proposals at a cost not to exceed $500; subject to approval by the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $500.00 from Contingency account no. 1990.5 to Legislative account no. 1010.435 to cover the cost of this contract.
VOTE: Passed 8-0.
RESOLUTION NO. 298 Motion by Halpin, Second by Young.
RE: APPROVE APPLICATION FOR REFUND OF TAXES - CARROLL - TOWN OF TYRONE, 1996 LEVY
WHEREAS, the Real Property Tax Director has received an application for a refund of taxes for tax map number 28.13-1-17 in the Town of Tyrone for property owned by James and Ann-Mari Carroll due to an error in essential fact, RPTL Section 550 (3) c, for the amount of $130.97, and
WHEREAS, it is the recommendation of the Real Property Tax Director and the Governmental Operations Committee that said application be approved based upon the determination of findings.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute approval of said application, and
BE IT FURTHER RESOLVED, that the County Treasurer refund the above mentioned sum to the applicant and chargeback $19.08 to the Town of Hector and $60.56 to the Dundee Central School District.
VOTE: Passed 8-0.
RESOLUTION NO. 299 Motion by Fitzsimmons, Second by Halpin.
RE: TAXES ON LAND PURCHASED BY THE UNITED STATES GOVERNMENT
WHEREAS, the United States Government has purchased the following parcels of land:
TAX MAP NUMBER RECORDED
Part of 13.-1-26.1 Liber 307, Page 421 5/17/96
Part of 23.-1-20 Liber 307, Page 474 5/24/96
Liber 307, Page 477 5/24/96, 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 tax to the appropriate entity.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to cancel the county tax levied after the recording of the deeds on the above listed parcels and chargeback to the Town of Hector its portion of the tax.
OWNER TAX PARCEL LAND TOTAL
USA 13.-1-26.12 23,700 23,700
LANDON 13.-1-26.11 11,200 43,500
USA 23.-1-20.2 68,700 68,700
McBRIDE 23.-1-20.1 23,400 66,100
VOTE: Passed 8-0.
RESOLUTION NO. 300 Motion by Fitzsimmons, Second by Halpin.
RE: SET SALARY - PERSONAL SECRETARY - LEGISLATURE/BUILDINGS AND GROUNDS
BE IT RESOLVED, that this Legislature acknowledge the appointment by Gail M. Willis, Clerk and David W. Lisk, Building Maintenance Supervisor of Robin Thoman as Personal Secretary effective September 19, 1996 at an annual salary of $17,500.
VOTE: Passed 8-0.
RESOLUTION NO. 301 Motion by Fitzsimmons, Second by Halpin.
RE: AUTHORIZE TRANSFER OF FUNDS - LEGISLATURE
WHEREAS, the Legislative Office is in receipt of a bill from its labor counsel, Harter, Secrest & Emery Attorneys, in the amount of $467.95 for services rendered in July, 1996, and
WHEREAS, the Legislative budget line item .435-professional fees and services has been depleted for the year 1996.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $1,500.00 from Contingency account no. 1990.5 to Legislative account no. 1010.435 for the July labor counsel invoice and future invoices for labor counsel.
VOTE: Passed 8-0.
RESOLUTION NO. 302 Motion by Young, Second by Hastings.
RE: AUTHORIZATION TO ENTER INTO LICENSE AGREEMENT WITH THE VILLAGE MARINA FOR TEMPORARY USE OF A PORTION OF SENECA HARBOR PARK FOR SEASONAL BOAT STORAGE
WHEREAS, the Village Marina provides certain marine recreation and related services within Seneca Harbor Park pursuant to a lease agreement between the County and the County Industrial Development Agency, and
WHEREAS, the easterly-most portion of the public parking area in Seneca Harbor Park has been used for boat storage by the Village Marina pursuant to a License Agreement with the County, and
WHEREAS, the previous License Agreements with the Village Marina for use of the parking lot have set forth the County to receive 10% of the net proceeds from the boat storage, and
WHEREAS, the County has negotiated an increase from 10% to 15% of the net proceeds with the Village Marina.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to enter into a License Agreement with the Village Marina for the seasonal storage of boats for the period 10/15/96-6/15/97 wherein Schuyler County will receive 15% of boat storage revenues; agreement subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 303 Motion by Young, Second by Hastings.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO TRANS ALLIED CORPORATION c/o FSN INVESTMENT ADVISORY SERVICE
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Hector, County of Schuyler and State of New York, more particularly described as tax map number 44.19-1-13, parcel number 402-9026-00, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $5,924.46, the full amount of taxes, penalties, interest and other County expenses involved with the property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Trans Allied Corporation c/o FSN Investment Advisory Service, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 304 Motion by Young, Second by Hastings.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO TRANS ALLIED CORPORATION c/o FSN INVESTMENT ADVISORY SERVICE
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Hector, County of Schuyler and State of New York, more particularly described as tax map number 44.19-1-12, parcel number 402-9024-00, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $6,157.84, the full amount of taxes, penalties, interest and other County expenses involved with the property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Trans Allied Corporation c/o FSN Investment Advisory Service, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legislature is hereby authorized to execute and deliver within thirty (30) days of the payment thereof.
VOTE: Passed 8-0.
RESOLUTION NO. 305 Motion by Young, Second by Hastings.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO ROY W. LITTEER II
WHEREAS, the County Treasurer took a tax deed to property situated in the Town of Tyrone, County of Schuyler and State of New York, more particularly described as tax map number 19.-1-38.1, parcel number 801-1431-00, said property to have been placed in the September 21, 1996 Tax Auction Sale, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $1,643.19, the full amount of taxes, penalties, interest and other County expenses involved with the property.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes its Chairman to execute the Offer to Purchase, quitclaim deed and attending documents for the transfer of the aforementioned property to Roy W. Litteer II, upon receipt of the recording fees, and
BE IT FURTHER RESOLVED, that payment in full to the Schuyler County Treasurer of the full amount of the purchase offer must be made by 5:00 p.m. of the last regularly scheduled work day of the Schuyler County Treasurer's Office prior to the tax sale auction, and
BE IT FURTHER RESOLVED, that upon payment in full of the purchase price, the Schuyler County Attorney shall prepare a quitclaim deed to the former owner of record or the estate of the former owner of record, which the Chairman of this Legi