The January 6, 1997 Organizational Meeting of the Schuyler County Legislature was called to order at 9:00 a.m. by Gail M. Willis.
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.
Gail M. Willis, acting as Temporary Chairman, asked for nominations from the floor for Chairman to the Schuyler County Legislature for the year 1997. Sidney B. Compton nominated Barbara J. Halpin, seconded by Ernest E. Thurston. There being no further nominations, Mrs. Willis asked for a motion to close the nominations.
RESOLUTION NO. 1 Motion by Burnside, Second by Franzese.
RE: CLOSE NOMINATIONS - 1997 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that nominations for the 1997 Chairperson of the Schuyler County Legislature be closed.
VOTE: Passed 7-1. No: Young.
RESOLUTION NO. 2 Motion by Thurston, Second by Burnside.
RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE - 1997
BE IT RESOLVED, that Barbara J. Halpin be Chairperson of the Schuyler County Legislature for the year 1997.
VOTE: Passed 8-0.
Legislator Hastings congratulated Chairman Halpin, adding she knows she will do a good job. She explained that she has supported Legislator Fitzsimmons in this position in the past and the decision was a difficult one for her to make. Her decision was based on not having a manager in the county. With Legislator Fitzsimmons being a full-time Dad and having a job, it would be difficult for him. Legislator Franzese stated that she is proud to serve under either one of them. Chairman Halpin thanked them for their support and said she will work very hard to do a good job as Chairman. She looks forward to a challenging job and a great 1997.
PUBLIC PARTICIPATION 9:02 A.M.: Lee L'Amoreaux congratulated Chairman Halpin. Tom Ryan also congratulated the Chairman and stated that there is a great task ahead of her. The Chairman stated that this is a great legislature to work with.
The Chairman wanted the public to know that there is a public Economic Forum this Wednesday, January 8, 1997 from 7:30 a.m. to 10:00 a.m. It is a good way to start the year.
Legislator Burnside wanted everyone to know that the 1997 tax bills are in the mail.
RESOLUTION NO. 3 Motion by Franzese, Second by Young.
RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 1997
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 1997, as follows:
Chairman Barbara J. Halpin
#1 Vice-Chairman Angeline B. Franzese
#2 Vice-Chairman Robert J. Fitzsimmons
#3 Vice-Chairman Patricia L. Hastings
#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. 4 Motion by Franzese, Second by Young.
RE: DESIGNATION OF LEGAL COUNTY NEWSPAPER
BE IT RESOLVED, that "The Watkins Review & Express" weekly newspaper within Schuyler County, be designated as the legal County paper to publish resolutions, election notices, official canvass and other notices.
VOTE: Passed 8-0.
RESOLUTION NO. 5 Motion by Franzese, Second by Young.
RE: DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS
BE IT RESOLVED, that the Depositories for Schuyler County funds be the following banks and for the following amounts:
FLEET BANK, N.A.
Watkins Glen Office
401 N. Franklin Street
Watkins Glen, NY 14891 $3,000,000.00
MARINE MIDLAND BANK, N.A.
Watkins Glen Office
Franklin at Eight Street
Watkins Glen, NY 14891 $3,000,000.00
CHEMUNG CANAL TRUST COMPANY
Montour Falls or Watkins Glen Office
303 W. Main Street
Montour Falls, NY 14865 $3,000,000.00
TOMPKINS COUNTY TRUST COMPANY
Main Street
Odessa, NY 14869 $3,000,000.00
VOTE: Passed 8-0.
RESOLUTION NO. 6 Motion by Franzese, 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 8-0.
RESOLUTION NO. 7 Motion by Franzese, Second by Young.
RE: APPOINTMENT - BUDGET OFFICER FOR 1997
BE IT RESOLVED, that Nancy A. Peters be appointed Budget Officer for the year 1997.
VOTE: Passed 8-0.
RESOLUTION NO. 8 Motion by Franzese, Second by Young.
RE: APPOINTMENT - CHIEF VOTING MACHINE CUSTODIAN
BE IT RESOLVED, that this Legislature hereby acknowledges the appointment by the Elections Commissioners of David A. Stamp as the County's Chief Voting Machine Custodian for the year 1997.
VOTE: Passed 8-0.
RESOLUTION NO. 9 Motion by Franzese, Second by Young.
RE: APPOINTMENT - CHIEF CORONER FOR 1997
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 1997, at an additional stipend of $1,000 for administrative duties to be paid quarterly at the rate of $250.00 per quarter.
VOTE: Passed 8-0.
RESOLUTION NO. 10 Motion by Young, Second by Thurston.
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 1997.
VOTE: Passed 8-0.
RESOLUTION NO. 11 Motion by Young, Second by Thurston.
RE: ADOPT SCHEDULE OF SALARIES FOR 1997
BE IT RESOLVED, that the Schedule of Salaries for 1997, which is on file in the Legislative Office, be adopted, effective January 1, 1997, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the county employees according to the 1997 Salary Schedule.
VOTE: Passed 8-0.
RESOLUTION NO. 12 Motion by Young, Second by Thurston.
RE: AMEND RESOLUTION NO. 426-96/BENEFITS FOR SCHUYLER COUNTY EMPLOYEES NOT COVERED BY A BARGAINING AGREEMENT FOR 1997, 1998 AND 1999
WHEREAS, Resolution No. 426-96 stated that all Schuyler County Employees, not covered by a bargaining agreement, shall receive the employee benefits provided in the Administrative Unit Contract for the years 1997, 1998 and 1999, and
WHEREAS, it is the intention of this resolution that the employees not covered by a bargaining unit in the Sheriff's Department and Highway Department, receive the benefits provided by the respective union contracts for those departments.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 426-96 be amended to read as follows:
"BE IT RESOLVED, that all Schuyler County Employees not covered by a bargaining agreement, except those in the Sheriff's and Highway Departments, shall receive the employee benefits provided in the Administrative Unit Contract for the years 1997, 1998 and 1999, in all matters not otherwise resolved, and
BE IT FURTHER RESOLVED, that the Schuyler County Employees not covered by a bargaining agreement within the Sheriff's and Highway Department shall receive the employee benefits provided under the respective departmental union contracts for the years 1997, 1998 and 1999, in all matters not otherwise resolved."
VOTE: Passed 8-0.
RESOLUTION NO. 13 Motion by Young, Second by Thurston.
RE: MEMORANDUM OF UNDERSTANDING - SHERIFF'S DEPARTMENT
WHEREAS, two recent promotions within the Sheriff's Department have called to the unit's attention the fact that the salary table set forth on Page 5 in the current union contract is not as intended, and
WHEREAS, the intent was to have promotions receive hourly rate increments of $1.00, $1.10 and $1.20 from the base Deputy Sheriff salary for all three years, and
WHEREAS, the current contract's table allows for shorter term employees to receive substantially higher hourly rates than longer term employees, even in the same rank, and
WHEREAS, the unit has requested this memorandum of understanding in order to maintain fair and equitable salaries for its unit members, as well as cost savings for the County.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a Memorandum of Understanding with the Schuyler County Deputy Sheriffs' Association setting forth the salary table as follows:
GP-I Deputy Sheriff, Correction Officer (non-management)
GP-II Sergeant (Supervisor)
GP-IIa Senior Investigator
GP-III Lieutenant (Supervisor)
1995 1996 1997
GP-I $ 9.88 $10.28 $10.69
GP-II 10.88 11.28 11.69
GP-IIa 10.98 11.38 11.79
GP-III 11.08 11.48 11.89
VOTE: Passed 8-0.
PUBLIC PARTICIPATION 9:08 A.M.: Tom Ryan wanted to thank Legislator Franzese for her services for prior years and for keeping the tax rates down.
The meeting adjourned at 9:10 a.m.
Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk
The January 13, 1997 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Halpin. The Pledge of Allegiance was led by Legislator Franzese and followed by a Moment of Silence. All Legislators were present. County Attorney Coleman was also present.
PUBLIC PARTICIPATION 6:30 P.M.: Casey Creamer inquired about the chairs being declared surplus in the Legislative Office. He wanted to know where they were and why they are being declared surplus. Chairman Halpin explained that they are across the hall and they are dangerous because of the way they flip backwards. They will go up for auction this spring.
INTRODUCTION: Ed Anna, Director of Cooperative Extension introduced the new planner Vicki Gilbert, Cindy Regan, 4-H Agent and Coordinator of Hidden Valley 4-H camp and Dawn Smith, Assistant to the Planner in functions. He stated that the job is more than they bargained for. They have restructured their office. On the downside, a long term Agent, Elaine Dalrymple has resigned, She will be moving to Soil & Water Conservation District. Ed handed out a flyer advertising an open house to meet the new employees and to say goodbye to Elaine.
RESOLUTION NO. 14 Motion by Young, Second by Burnside.
RE: APPROVE MINUTES OF THE DECEMBER 5, 1996 PUBLIC HEARING, DECEMBER 6, 1996 SPECIAL MEETING AND DECEMBER 9, 1996 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the December 5, 1996 Public Hearing, December 6, 1996 Special Meeting and December 9, 1996 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 8-0.
RESOLUTION NO. 15 Motion by Franzese, Second by Young.
RE: REQUEST STATE TO ABANDON MAINTENANCE JURISDICTION OF LAND IN TOWN OF READING ACQUIRED FOR HIGHWAY
WHEREAS, the County of Schuyler owns certain lands in the Town of Reading more fully described in New York State Department of Transportation, Watkins-Yates County Line, State Highway 5334, Town of Reading, Schuyler County Map 4C, Parcel 151, and
WHEREAS, the County of Schuyler and the State of New York have determined that said property is surplus to the needs of the County and the State, and
WHEREAS, the adjacent property owners, William A. and Sonja B. Mucci, are interested in acquiring such property from the County, and
WHEREAS, before the County can convey such land, it needs to request the New York State Department of Transportation to abandon its maintenance jurisdiction over the said parcel.
NOW, THEREFORE, BE IT RESOLVED, that the New York State Department of Transportation be, and hereby is, requested to release and abandon its maintenance jurisdiction over the property more fully described in New York State Department of Transportation, Watkins-Yates County Line, State Highway 5334, Town of Reading, Schuyler County Map 4C, Parcel 151 and,
BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, directed to send three certified copies of this Resolution to the Regional Real Estate Officer of the New York State Department of Transportation at 93 Main Street, Hornell, New York, and
BE IT FURTHER RESOLVED, that when all conditions precedent have been satisfied the Chairman of the Legislature and the County Attorney shall take all steps necessary to negotiate a sale of such parcel to the adjacent owners upon such terms as shall be satisfactory to the Chairman and County Attorney and in accordance with Highway Law Section 118-a.
VOTE: Passed 8-0.
RESOLUTION NO. 16 Motion by Franzese, Second by Young.
RE: REQUEST STATE TO ABANDON MAINTENANCE JURISDICTION OF LAND IN VILLAGE OF MONTOUR FALLS ACQUIRED FOR HIGHWAY
WHEREAS, the County of Schuyler owns certain lands in the Village of Montour Falls more fully described in New York State Department of Transportation, Surplus Property Case #06-III-212, Montour Falls, S. H. 5160, Schuyler County Map 1 C, Parcel 53, and
WHEREAS, the County of Schuyler and the State of New York have determined that said property is surplus to the needs of the County and the State, and
WHEREAS, the adjacent property owners, Doyle D. Davis, Jr. are interested in acquiring portion of Route 14 Highway Right-of-Way from the County, and
WHEREAS, before the County can convey such land, it needs to request the New York State Department of Transportation to abandon its maintenance jurisdiction over the said parcel.
NOW, THEREFORE, BE IT RESOLVED, that the New York State Department of Transportation be, and hereby is, requested to release and abandon its maintenance jurisdiction over the property more fully described in New York State Department of Transportation, Surplus Property Case #06-III-212, Montour Falls, S. H. 516O, Schuyler County Map 1C, Parcel 53, and,
BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, directed to send three certified copies of this Resolution to the Regional Real Estate Officer of the New York State Department of Transportation at 93 Main Street, Hornell, New York, and
BE IT FURTHER RESOLVED, that when all conditions precedent have been satisfied the Chairman of the Legislature and the County Attorney shall take all steps necessary to negotiate a sale of such parcel to the adjacent owners upon such terms as shall be satisfactory to the Chairman and County Attorney and in accordance with Highway Law Section 118-a.
VOTE: Passed 8-0.
RESOLUTION NO. 17 Motion by Franzese, Second by Young.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR CONSOLES - EMERGENCY MANAGEMENT
WHEREAS, the Legislature has been notified by the Emergency Management Coordinator of the decrepit condition of the radio consoles in the Emergency Communications Center, and
WHEREAS, the Public Safety and Criminal Justice Committee recommends the Emergency Management Coordinator advertise for bids to replace the existing radio consoles in order to protect the life, health, safety and property of the public.
NOW, THEREFORE, BE IT RESOLVED, that the Emergency Management Coordinator be, and hereby is, authorized to advertise for bids for replacement of the existing radio consoles and equipment in the Emergency Communications Center, and
BE IT FURTHER RESOLVED, bids are to be received by the Clerk of the Legislature no later than March 3, 1997 with formal acceptance/rejection of the bids to be made by the Legislature at its April 14, 1997 Regular Meeting.
VOTE: Passed 8-0.
RESOLUTION NO. 18 Motion by Burnside, Second by Young.
RE: DECLARE CHAIRS SURPLUS - LEGISLATURE
WHEREAS, the chairs in the Legislative Chambers are not in compliance with OSHA standards and pose an injury risk.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, this County Legislature hereby declare as surplus eight (8) wooden arm swivel chairs in the Legislative Office.
VOTE: Passed 8-0.
RESOLUTION NO. 19 Motion by Burnside, Second by Young.
RE: DECLARE TYPEWRITERS SURPLUS - CIVIL SERVICE/PERSONNEL
WHEREAS, there is one inoperable Adler typewriter Model 1020 in the Civil Service/Personnel Department which cannot be repaired at a reasonable cost.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, that this County Legislature hereby declare as surplus the Adler typewriter Model 1020 in the Civil Service/Personnel Department and that it be turned over to the Buildings Maintenance Supervisor.
VOTE: Passed 8-0.
RESOLUTION NO. 20 Motion by Burnside, Second by Young.
RE: AUTHORIZE CHAIRMAN OF THE LEGISLATURE TO SIGN RECORDS MANAGEMENT GRANT APPLICATION FORM AND ALL RELATIVE REPORTS 1997-98
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the LGRMIF grant application form, and all related form(s) and reports, subject, if necessary, to approval of the Schuyler County Attorney. The grant application is for a Cooperative Inventory project. The County of Schuyler is the lead agency with the Villages of Odessa and Montour, the Town of Montour and the Cornell Cooperative Extension of Schuyler County participating. The amount of the application is not to exceed $75,000.
VOTE: Passed 8-0.
RESOLUTION NO. 21 Motion by Franzese, Second by Fitzsimmons.
RE: RENEW CONTRACT WITH STEUBEN COUNTY FOR THE WORKERS' HEALTHY HEART PROGRAM OF SCHUYLER AND STEUBEN COUNTIES - PUBLIC HEALTH
WHEREAS, Steuben County will renew its agreement to pay Schuyler County for its cooperation on the Workers' Healthy Heart Program of Schuyler and Steuben Counties in the amount of $1,000 from July 1, 1996 through June 30, 1997.
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 in the amount of $1,000 from July 1, 1996 through June 30, 1997, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 8-0.
RESOLUTION NO. 22 Motion by Franzese, Second by Fitzsimmons.
RE: AUTHORIZE CONTRACTS WITH RANDY H. DEAL, I.A.O. FOR REAL PROPERTY TAX DIRECTOR SERVICES
WHEREAS, the Real Property Tax Service Agency Director resigned effective December 2, 1996, and
WHEREAS, the tax bills needed to be processed in a timely and accurate manner, and
WHEREAS, Randy H. Deal, I.A.O., is a Real Property Tax Service Agency Director in another county as well as a former Real Property Tax Service Agency Director for Schuyler County, and
WHEREAS, it is also necessary to utilize Mr. Deal's expertise until such time as a replacement is found to fill the vacancy in order to meet the obligations of the office.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the following contracts with Randy H. Deal, I.A.O.:
1. For the purpose of processing the 1997 tax bills only at a one time cost of $2,500, and
2. For the purpose of maintaining the obligations of the office month to month as needed at a cost of $1,000.00 per month; both agreements to be written by the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer $5,500 from account no. 1355.100 to account no. 1355.435, and
BE IT FURTHER RESOLVED, that bona fide, good-faith efforts to hire a Real Property Tax Service Agency Director through the Civil Service process be continued and that any continuing contractual relationship with Mr. Deal shall be terminable upon hiring a Director.
VOTE: Passed 8-0.
RESOLUTION NO. 23 Motion by Franzese, Second by Fitzsimmons.
RE: AUTHORIZE APPLICATION AND DESIGNATION OF LEAD AGENCY FOR CANAL CORRIDOR INITIATIVE PROGRAM
WHEREAS, Schuyler County is considering submission of an application under the Fiscal 1997 Small Cities Community Development Block Grant (CDBG) Canal Corridor Initiative, and
WHEREAS, two public hearings will be held to obtain the views of residents on community development and housing needs, and
WHEREAS, the Villages of Watkins Glen and Montour Falls are interested in submitting a combined application with the County as lead agency.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to submit an application, on behalf of the County, Villages of Montour Falls and Watkins Glen, for funds available through the U.S. Department of Housing & Urban Development Canal Corridor Initiative, and
BE IT FURTHER RESOLVED, that the Clerk be directed to advertise the two required public hearings as directed by the Legislature.
VOTE: Passed 8-0.
RESOLUTION NO. 24 Motion by Franzese, Second by Fitzsimmons.
RE: APPOINTMENT - SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD
BE IT RESOLVED, that this Legislature approve the appointment of Victoria Gilbert to the Southern Tier Central Regional Planning and Development Board effective immediately to fill the unexpired term of Corry Buckwalter expiring December 31, 1997.
VOTE: Passed 8-0.
RESOLUTION NO. 25 Motion by Franzese, Second by Fitzsimmons.
RE: AUTHORIZE TRANSFER OF FUNDS - MEDICAL SCHOLARSHIP
BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $1.25 from Legislative account no. 1010.401 (Miscellaneous) to Medical Scholarship account no. 2980.418 (Insurance).
VOTE: Passed 8-0.
RESOLUTION NO. 26 Motion by Franzese, Second by Fitzsimmons.
RE: AUTHORIZE TRANSFER OF FUNDS - REAL PROPERTY TAX AGENCY
WHEREAS, the Real Property Tax Office has received its final billing/buyout on the copier in the office, and
WHEREAS, there were no monies budgeted in 1997 for the same.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be, and hereby is, authorized to transfer $84.80 from account no. 1355.430 to account no. 1355.603.
VOTE: Passed 8-0.
REPORT ON STANDING COMMITTEES: Legislator Hastings reported on the Health Services Committee. She stated that they had a meeting with the District Agencies of Mental Health. She said it is refreshing to have comments made that Schuyler County has started changes in the health field where other counties are just talking about it. She also said John Strohl, a representative from the State Office of Mental Health, was there. He explained that the State Mental Health Commissioner has some questions about the County's request. She has not heard from the New York State Department of Health yet. She has been down in the Public Health office all day and most of the week learning about their operations.
Legislator Hastings also reported on the Stream Bank Program. She is very proud of the people involved in the program. To see Chemung and Schuyler County working together is great. They were advised by Kuhl's office that this is what they need to do because of funds not being there. The property owner will be requesting help from the towns by showing what cleanup they feel is necessary. The property owner pays 1/3 of the cost, the Town pays 1/3 and the rest comes out of Soil & Water Conservation monies that the county has given them in their budget. Right now they need to see who can be the lead agency. Once the application is done, then the Town boards see what they have in their budget to contribute. The application is passed on to a three member board consisting of one Town Supervisor, one County representative and someone from Soil & Water. They review them and assess what they think needs to be done first. Legislator Thurston said the 1/3 share by the Towns can be an in-kind service if they do not have it budgeted. The homeowner is responsible to do the initiative by applying for cleanup. Attorney Coleman added that the homeowners share must be paid in advance.
Legislator Hastings commented on the resolution on the Healthy Heart Program. The program goes from July to July. She feels it is a great idea.
Chairman Halpin reported on the Legislative Committee. The 1996 and proposed 1997 goals will be discussed Friday, January 17, 1997.
UNFINISHED BUSINESS: The Chairman informed the Legislature that they have received five very competitive insurance proposals. She will be meeting with Mark Hagan from Perry and Swartwood tomorrow to discuss them.
Legislator Thurston gave an update on the County's Web page. He hopes to announce the address soon, however, it is not up and running right now.
The meeting adjourned at 7:15 p.m.
Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk
The January 17, 1997 Special Meeting of the Schuyler County Legislature was called to order at 3:30 p.m. by Chairman Halpin. All Legislators were present. County Attorney Coleman was also present.
PUBLIC PARTICIPATION: None.
Legislator Franzese read a statement for the record. "Based on the information that our boiler policy can be extended, I will vote no on this special meeting. If I am forced to vote today I am not prepared to support any of the proposals received. I have questions to follow up. We hired a good consultant who included at our direction adding coverage options in the RFP's that could improve or effect our coverage and the costs. We need time to carefully review and decide on which options we want or agree with as a legislature. Not all agents quoted the options, some noted rates could be followed up on. I disagree with hiring an agent and then sitting down to discuss what the total package will cost. The overall cost of insurance should be our concern. Let's take time to find out now, not later."
Legislator Franzese suggested that they go over options and ask for prices. Mark Hagan said his recommendation is to accept the proposal and variety of optional quotations and empower the Chairman to select the options. Legislator Franzese stated that they need to know bottom line and the overall package total. Mark explained that the choice of options will not effect the overall prices. Legislator Franzese said that there are some prices not listed. Mark told the legislature he was confident to predict that it won't change. Legislator Franzese asked Mark if he would object to going over the figures. Chairman Halpin stated that they hired Mark for his opinion and he gave it to us. Legislator Franzese asked if it was an emergency. Mark explained that in two weeks the county's insurance runs out. Legislator Fitzsimmons commented on the recent proud history of services for the construction process. We hired this consultant, we now should move forward. It would be very helpful for our citizens if we do this on a two or three year cycle. Legislator Thurston asked Mark if after reviewing the proposals, it is in the best interest to accept his report. Mark said yes, it would be..
RESOLUTION NO. 27 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. Accept Proposal for Property/Casualty Insurances for the County of Schuyler
VOTE: Passed 6-2. Noes: Compton, Franzese.
RESOLUTION NO. 28 Motion by Fitzsimmons, Second by Thurston.
RE: ACCEPT PROPOSAL FOR PROPERTY/CASUALTY INSURANCES FOR THE COUNTY OF SCHUYLER
WHEREAS, the County issued a Request for Proposals (RFPs) for its property/casualty insurance program, and
WHEREAS, the County entered into a contract with Perry & Swartwood, Inc., for consultant services relative to the RFP process, and
WHEREAS, proposals were due January 10, 1997 and five (5) proposals were received, and
WHEREAS, the insurance consultant has analyzed the proposals and recommends that the County accept the proposal from E.C. Cooper, Inc., and
WHEREAS, implementing the consultant's recommendation will save the county a substantial amount of money and also provide the County with improved insurance coverage overall, and
WHEREAS, it is necessary to act immediately in order to convert the coverage prior to the expiration of the current policies on or before February 1, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of Perry & Swartwood, Inc., this Legislature hereby accept the proposal received from E.C. Cooper, Inc., for property/casualty insurance coverage, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to negotiate the final package and execute any necessary documents to effectuate the change in coverage immediately.
VOTE: Passed 6-2. Noes: Compton, Franzese.
PUBLIC PARTICIPATION: Jeff Farmer asked if the insurance information from Perry & Swartwood would be available for the public. The Chairman responded affirmatively.
The meeting adjourned at 3:55 p.m.
Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk
The Public Hearing on the Canal Corridor Initiative Program was called to order at 6:08 p.m. by Chairman Halpin. All Legislators were present except Legislator Compton who was excused. County Attorney Coleman was also present. There was one member of the public present.
Presentation given by: Lee L'Amoreaux, Director, Five Lakes Development; Victoria Gilbert, Cooperative Extension Planner; and Dawn Smith, Planning Assistant.
Lee L'Amoreaux stated that Vickie Gilbert had attended a two day seminar in January. This is a unique opportunity for the county. The county is joined in a region that consists of Seneca and Cayuga Lakes. The correct verbiage and a map locating the projects has to be submitted. There has to be physical ties and working ties in each area to meet the Housing and Urban Development (HUD) criteria. There are three areas, Section 108 loan funding, grants and the private sector. Currently there are two private sectors, Seneca Daysails' project and Finger Lakes Railway Corporation for fixed rail passenger excursions. They both look real positive. Future projects for HUD may tie in with Watkins Glen International (WGI) as far as tourism.
Vickie Gilbert handed out a Consolidated Development Plan Draft that will be submitted with the application. The specific interests are land-based, water-based and rail-based to develop and promote our area. With the two projects currently listed, jobs will be created. The Railway line would have passenger class status and would run from Seneca Harbor Park to Glenora Winery. Seneca Daysails would create three new jobs. Legislator Franzese inquired about the railway passing two other wineries located on the lake. Lee explained that with the time frame they had to deal with, this is just a preliminary plan, it can be looked at. Vickie informed Legislator Franzese that the other wineries will need special platforms constructed in order to participate. Tom Ryan asked Vickie about the grant money from HUD. He wanted to know how much the county would have to pay. Vickie explained that there are two different funding streams, a loan guarantee and a small city block grant. They are looking at structuring a loan and grant together. Lee also explained that the loan would be taken out by the county. There is a flexible HUD interest rate of 6.5% for this loan. They could end up with 4% rate if more money is involved. Right now, grants do not look very favorable. The more money businesses can put in, the less the county has to pay. They can pick and choose within our area and they may only pick one project. Legislator Hastings stated that the projects will bring money into the county. Vickie explained that the challenge is to use the existing attributes in the county and these two projects are real based. It has to tie into the overall scope and have its key elements meet the threshold criteria. The hearing adjourned at 6:30 p.m.
Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk
The February 10, 1997 Regular Meeting of the Schuyler County Legislature was called to order at 6:33 p.m. by Chairman Halpin. All Legislators were present except Legislator Compton who was excused. County Attorney Coleman was also present.
PUBLIC PARTICIPATION: Casey Creamer inquired why resolution no. 56 was missing a representative from the Town of Hector. The Clerk clarified that there wasn't one submitted Tom Ryan asked about resolution no. 55 on the staggered terms for the Legislators. He wanted to know why it was being brought up again. He thought it was a slap in the face to the electorate who voted it down.
PRESENTATION ON SONAR FROM THE ENVIRONMENTAL MANAGEMENT COUNCIL: Presentation given by: Ruth Young, Phil Miller, Jim Murphy and Charles Franzese.
Jim Murphy administered a handout to the Legislature and public explaining his presentation. Legislator Thurston asked Jim what the detrimental effect would be on the fish and wildlife by using SONAR. Jim explained that the report from the DEC on flourodome states that there doesn't appear to be acute effects. Legislator Thurston asked if they were to keep treating the weeds, would it build up. Jim stated that it would eventually be flushed out by humans. Legislator Franzese had a few questions about the moth study explained on the handout. She feels that would be the way to go. She also thought there might be some bond money for them to use to research this further. Jim explained that he is not recommending anything. Ruth Young said that the moths are already there, it is a natural phenomenon. They have followed the milfoil. Jim stated that there is a lot of research to be done yet and they need a long term solution. He feels that SONAR is the best option. Legislator Hastings was concerned about the dosage having to become stronger the more they treat the weeds. Jim stated that it could work that way. Legislator Young wanted to know how they would identify an increase in residue and its continuous use. Ruth explained that the molecules are like a city, they break up into neighborhoods.
RESOLUTION NO. 29 Motion by Young, Second by Thurston.
RE: APPROVE MINUTES OF THE DECEMBER 30, 1996 YEAR END MEETING, JANUARY 6, 1997 ORGANIZATIONAL MEETING, JANUARY 13, 1997 REGULAR MEETING AND JANUARY 17, 1997 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the December 30, 1996 Year End Meeting, January 6, 1997 Organizational Meeting, January 13, 1997 Regular Meeting and January 17, 1997 Special Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 7-0.
RESOLUTION NO. 30 Motion by Franzese, Second by Fitzsimmons.
RE: APPROVAL AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT COVERING EMPLOYEES IN THE SCHUYLER COUNTY ADMINISTRATIVE UNIT
WHEREAS, representatives of the County have engaged in Collective Bargaining with the Civil Service Employees Association, Inc., for employees in the Schuyler County Administrative Unit, and
WHEREAS, a tentative agreement upon terms and conditions for a new contract for calendar years 1997, 1998 and 1999 was reached with respect to employees in the Schuyler County Administrative Unit, and
WHEREAS, the County is in receipt of a letter dated January 27, 1997 that the agreement has been duly ratified by the employees of the aforesaid bargaining unit.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby ratify and approve the terms and contents of said collective bargaining agreement between the County of Schuyler and the Schuyler County Administrative Unit, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute the aforementioned agreement.
VOTE: Passed 7-0.
RESOLUTION NO. 31 Motion by Franzese, Second by Fitzsimmons.
RE: AMEND 1996 COUNTY BUDGET - MENTAL HEALTH
WHEREAS, additional funding has been approved for the Finger Lakes Alcoholism Counseling and Referral Agency and the Council on Alcoholism and other Chemical Dependencies of the Finger Lakes, Inc., the following agreement and budget modifications are required.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the following accounts:
REVENUE
State Funds 4322.3490 $19,180
EXPENSES
Finger Lakes Alcoholism
Counseling and Referral Agency 4322.0336 $11,180
Council on Alcoholism & Other Chemical
Dep. Of the Finger Lakes, Inc. 4322.0550 $ 8,000, and
BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the expenditures for these items.
VOTE: Passed 7-0.
RESOLUTION NO. 32 Motion by Burnside, Second by Hastings.
RE: AMEND CONTRACT - SCHUYLER COUNTY CHAPTER ARC, INC. - 1996 - MENTAL HEALTH
WHEREAS, additional funding has been approved for the Schuyler Arc, Inc., for the year 1996, the following agreement and budget modifications are required.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the following accounts:
REVENUE
State Aid 4322.3490 $29,862
EXPENSES
Schuyler Arc, Inc. 4322.0504 $29,862, and
BE IT FURTHER RESOLVED, that this Legislature authorizes the expenditures for these items.
VOTE: Passed 7-0.
RESOLUTION NO. 33 Motion by Burnside, Second by Hastings.
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:
Doris 'China' Vangsnes December 31, 2000
VOTE: Passed 7-0.
RESOLUTION NO. 34 Motion by Burnside, Second by Hastings.
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:
Michael Gehl December 31, 2000
VOTE: Passed 7-0.
RESOLUTION NO. 35 Motion by Burnside, Second by Hastings.
RE: APPOINTMENTS - MENTAL RETARDATION/DEVELOPMENT 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/Development Disabilities Subcommittee for the terms expiring as indicated:
Mary LaRue December 31, 1997
Dorothy Scholtisek December 31, 1997
Barbara Locke December 31, 1997
Doris 'China' Vangsnes December 31, 2000
VOTE: Passed 7-0.
RESOLUTION NO. 36 Motion by Fitzsimmons, Second by Thurston.
RE: CREATE HEALTH SERVICES TASK FORCE
WHEREAS, the County and Schuyler Hospital feel it would be beneficial to have a task force developed as a means of coordinating priorities and services, and
WHEREAS, each entity will appoint members to serve on the task force.
NOW, THEREFORE, BE IT RESOLVED, that the Health Services Task Force is hereby established, and that the Legislature approve the Chairman's appointment of Duane Spilde, Patricia Hastings and Judith Phillips as the County's representatives on the task force, and
BE IT FURTHER RESOLVED, that the Task Force report back to committee whose members are Barbara Halpin, Patricia Hastings, Ernest Thurston, Charlotte Callanan, Thomas Gifford and Lyndon Marshall.
VOTE: Passed 7-0.
RESOLUTION NO. 37 Motion by Fitzsimmons, Second by Thurston.
RE: CONTRACT WITH SCHUYLER HOSPITAL, INC., FOR HOME HEALTH SERVICES FROM 2/1/97 - 9/15/97
WHEREAS, Resolution No. 219, passed July 8, 1996, authorized a contract between the Schuyler County Home Health Agency and Schuyler Hospital, Inc., for home health aide services, and
WHEREAS, Schuyler Hospital may also provide nurses and personal care aides to the Home Health Agency.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature is hereby authorized to sign an amended contract with Schuyler Hospital, Inc., to provide additional home health services as needed from 2/1/97 through 9/15/97, at the rates listed below, subject to the approval of the Schuyler County Attorney:
Registered Nurse $25.00/hour
Registered Nurse for High-technology case $32.50/hour
Licensed Practical Nurse $21.25/hour
Personal Care Aide I $12.75/hour
Personal Care Aide II $12.75/hour
VOTE: Passed 7-0.
RESOLUTION NO. 38 Motion by Fitzsimmons, Second by Thurston.
RE: CREATE TASK FORCE FOR FAMILY AND CHILDREN SERVICES
WHEREAS, it has been recommended by the Center for Governmental Research that the County Legislature appoint department heads to develop a plan over the next six months to move toward a more consolidated approach to delivering services to children and youth in the county, and
WHEREAS, there is already in place a long range Planning Committee of the Youth Board consisting of Lola Mitchell, Anne Balch and Ronald Alexander, and
WHEREAS, it is further recommended that the Legislature be represented on this task force as well as Kathy Hayes, NYS training coordinator, the Director of Patient Services and Director of Community Services.
NOW, THEREFORE, BE IT RESOLVED, that the Task Force for Family and Children Services is hereby established, and
BE IT FURTHER RESOLVED, that this Legislature approve the appointment of the following individuals to said Task Force:
VOTE: Passed 7-0.
RESOLUTION NO. 39 Motion by Young, Second by Burnside.
RE: AUTHORIZE APPLICATION FOR JUVENILE CRIME PREVENTION GRANT
WHEREAS, there is a Juvenile Crime Prevention Grant available to the County which could be used to re-open the Teen Center, and
WHEREAS, the Human Services Committee recommends the Youth Bureau Director write said grant, which has to be applied for by January 31, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Youth Bureau Director be, and hereby is, authorized to apply for Juvenile Crime Prevention Grant for 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 40 Motion by Young, Second by Burnside.
RE: APPOINTMENT TO PINS DIVERSION PLANNING TEAM - PROBATION
WHEREAS, the County of Schuyler has forwarded and received approval for submission of plans to the State of New York for dealing with at-risk youth yearly commencing in 1987, and
WHEREAS, it is now seen feasible to add an educational component to the preparation and submission of said plans, and also to include alcoholism services in said endeavor, and
WHEREAS, both Odessa-Montour Central School and Watkins Glen Central School officials have been contacted and are willing to serve, as is a representative from the alcoholism area in the community.
NOW, THEREFORE, BE IT RESOLVED, that Michael Johnston of the Odessa-Montour Central School District, and Michael O'Loughlin of the Watkins Glen School District be appointed to serve on the PINS Planning team, and that a representative of FLACRA (Finger Lakes Alcoholism Counseling and Referral Agency) be appointed to said team.
VOTE: Passed 7-0.
RESOLUTION NO. 41 Motion by Young, Second by Burnside.
RE: REQUEST STATE TO INCREASE RATE OF REIMBURSEMENT FOR PAROLE VIOLATION ASSIGNED COUNSEL
WHEREAS, state parole violators are entitled to have counsel assigned to represent them in connection with parole hearings, and
WHEREAS, these parole violators are state prisoners and counsel are assigned to represent these violators by the state court system, and
WHEREAS, at one time, the state reimbursed the county for 100% of the fees paid to these assigned counsel, and
WHEREAS, the state has now shifted nearly 90% of this burden to the county although these parole violators are in no way or fashion a county responsibility.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the Governor and Legislature of the State of New York to enact legislation which would require the state to reimburse the county for the entire cost of assigning counsel to represent parole violators at their parole violations hearings, and
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Governor George E. Pataki, Senators Stephen M. Saland, Vincent Leibell and John Kuhl, Assemblymen Willis H. Stephens Jr., Thomas Kirwan, Joel M. Miller, Patrick R. Manning and James Bacalles, NYSAC and ClAS.
VOTE: Passed 7-0.
RESOLUTION NO. 42 Motion by Thurston, Second by Burnside.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR A PATROL BOAT FOR SCHUYLER COUNTY SHERIFF'S DEPARTMENT
WHEREAS, money has been made available through State funding and also through a grant, for the purchase of a patrol boat, motor and trailer.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be authorized to advertise for bids for a boat, motor and trailer for the Sheriff's Department, with bid specifications available through the Schuyler County Purchasing office, and
BE IT FURTHER RESOLVED, that the bids will be received until 1:30 p.m. on February 21, 1997 at the Schuyler County Legislative Office, 105 Ninth Street, Watkins Glen, NY 14891, at which time they will be opened and reviewed by the Public Safety & Criminal Justice Committee. The County of Schuyler reserves the right to reject any and all bids.
VOTE: Passed 7-0.
RESOLUTION NO. 43 Motion by Thurston, Second by Burnside.
RE: AMEND 1996 AND 1997 BUDGETS FOR COURT SECURITY - SHERIFF'S DEPARTMENT
WHEREAS, an additional $11,000 has been appropriated for 1996-97 court security in Schuyler County increasing the original contract from $33,100 to $44,100.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the amendment to the agreement, after approval by the County Attorney, and
BE IT FURTHER RESOLVED, that the Sheriff's 1996 budget be amended as follows:
AMOUNT ACCOUNT NO.
$4,350 Expense account no. 3150.119
$4,350 Revenue account no. 3150-3330, and
BE IT FURTHER RESOLVED, that the Sheriff's 1997 budget be amended as follows:
AMOUNT ACCOUNT NO.
$6,650 Expense account no. 3150.119
$6,650 Revenue account no. 3150-3330
VOTE: Passed 7-0.
RESOLUTION NO. 44 Motion by Thurston, Second by Burnside.
RE: AUTHORIZE TRUCK LEASE - SHERIFF'S DEPARTMENT
WHEREAS, money has been appropriated to lease a truck for the Animal Control Officer, and
WHEREAS, such lease has been obtainable through the State bidding procedure.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a three-year lease for a 1997 Dodge pickup truck, through the State leasing procedure in the amount of $289 per month; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 45 Motion by Young, Second by Fitzsimmons.
RE: ESTABLISH GRADE OF SUPERVISOR OF FISCAL OPERATIONS AND COMPUTER SERVICES POSITION IN THE DEPARTMENT OF SOCIAL SERVICES
WHEREAS, the duties of the Accounting Supervisor Grade 'B' have greatly expanded since 1994, and
WHEREAS, these duties include coordinating the new Connections Computer System for the Children's Services Unit which, if not coordinated by a department employee, would cost the county $45,000/ year to contract with the State for this service, and
WHEREAS, in order to recruit and retain qualified candidates, the current qualifications and salary need to be commensurate with the responsibility of the position, and
WHEREAS, the Civil Service Commission has reviewed the revised duties statement and titled the position Supervisor of Fiscal Operations and Computer Services.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby establish the grade level for the new title of Supervisor of Fiscal Operations and Computer Services position in the Department of Social Services at Grade XXVII, with a 1997 hourly rate of $14.24 effective immediately.
VOTE: Passed 7-0.
RESOLUTION NO. 46 Motion by Young, Second by Fitzsimmons.
RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR HIGHWAY MATERIALS & SUPPLIES FOR 1997
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 1997 and/or participate with the State of New York in its bids, and
BE IT FURTHER RESOLVED, that this Legislature hereby designate the Highway Superintendent or his designee, to open bids, announce results publicly at the designated time and place, then tabulate and make recommendation to the Legislature, 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 7-0.
RESOLUTION NO. 47 Motion by Franzese, Second by Fitzsimmons.
RE: AUTHORIZE THE IMPLEMENTATION OF THE LOCAL WATERFRONT REVITALIZATION PROGRAM FOR SENECA HARBOR PARK SCHEMATIC DESIGN
WHEREAS, the County applied for and received a $75,000 grant through the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 for the implementation of the Local Waterfront Revitalization Program with the local match being met through a fund raising campaign headed by Five Lakes Development Corporation, and
WHEREAS, the County previously approved the concept of the Seneca Harbor Park schematic design project and further authorized a Memorandum of Understanding with Five Lakes Development for the administration of the aforementioned grant monies and project, and
WHEREAS, the guidelines of the grant require the County to execute all necessary documents relative to this project and pay the bills. It is understood that reimbursement is to be made by the State of New York, and Five Lakes Development Corporation. The contract for this agreement with the State of New York having been fully executed and on file, and
WHEREAS, Hunt Engineers has been retained to develop the project specifications, and the specifications and all contracts must be approved by the State of New York prior to proceeding through each phase.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorize the advertisement and procurement of all necessary bids for the construction of the Seneca Harbor Park schematic design project, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute any necessary documents relative to the project; all of the above subject to the approval of the State of New York Office of Parks, Recreation and Historic Preservation and the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 48 Motion by Franzese, Second by Fitzsimmons.
RE: AUTHORIZE CONTRACT WITH CORNELL COOPERATIVE EXTENSION FOR ENVIRONMENTAL MANAGEMENT COUNCIL AND EDUCATIONAL PUBLICITY SERVICES
WHEREAS, the County has appropriated monies for the Environmental Management Council and for Educational/Publicity under Solid Waste in its budgets for several years, and
WHEREAS, it is recommended to appropriate these monies directly to Cornell Cooperative Extension in one lump sum versus the voucher process under a joint contract in an effort to simplify the process.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with Cornell Cooperative Extension for Environmental Management Council services for the year 1997 at a cost of $1,000, and Educational/Publicity services for the year 1997 at a cost of $2,000; contract subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 49 Motion by Fitzsimmons, Second by Young.
RE: APPROVE APPLICATIONS FOR CORRECTED TAX ROLL - TOWN OF DIX, TAX MAP #65.13-1-81, STEPHANY, AND TAX MAP #65.13-1-89, VILLAGE OF WATKINS GLEN
WHEREAS, the Real Property Tax Service Agency has received applications for correction of taxes for tax map number 65.13-1-81 in the Town of Dix for property owned by Mark E. And Leira L. Stephany, and for tax map number 65.13-1-89 for property owned by the Village of Watkins Glen, due to a clerical error, RPTL Section 550(2)(I), a mistake in the transcription of a relevied school tax. The relevied school tax of $560.58 should be applied to tax map #65.13-1-81 and removed from tax map #65.13-1-89, and
WHEREAS, it is the recommendation of the Real Property Tax Assistant and the Governmental Operations Committee that said application be approved.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute approval of said applications.
VOTE: Passed 7-0.
RESOLUTION NO. 50 Motion by Fitzsimmons, Second by Young.
RE: TRANSFER OF SECTION 18 TRANSPORTATION RESPONSIBILITIES
BE IT RESOLVED, that this Legislature hereby appoints the Chairman of the Legislature as Schuyler County's Section 18 Transportation Coordinator, including responsibility of coordinating public transportation services for county residents and bus operations account no. 5630.4, effective immediately.
VOTE: Passed 7-0.
RESOLUTION NO. 51 Motion by Fitzsimmons, Second by Young.
RE: AMEND RESOLUTION NO. 427-96 WHICH ADOPTS THE MATRIX FOR MANAGEMENT/CONFIDENTIAL SALARY INCREASES FOR 1997
BE IT RESOLVED, that Resolution No. 427-96 be amended by changing the matrix to read as follows:
|
Salary Range |
More than Expected |
Less than Expected |
|||
| Mid - Maximum | |||||
| Minimum - Mid |
VOTE: Passed 7-0.
RESOLUTION NO. 52 Motion by Thurston, Second by Burnside.
RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 1997 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 1997
WHEREAS, the Schuyler County Legislature has determined the salaries for certain public officials for the year 1997, and
WHEREAS, County Law Section 201 states that any change in compensation of such officer during his/her term be made only by Local Law subject to the provisions of Section 24 of the Municipal Home Rule Law.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the year 1997, 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 March 10, 1997 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
A Local Law Setting the Salaries of Certain Public Officers for the year 1997.
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, 1997.
2. The following public officers are subject to the provision hereof:
Commissioner of Social Services $40,580
Undersheriff $35,850
Confidential Secretary, District Attorney $11,108
Superintendent of Highways $35,617
Deputy Superintendent of Highways $32,104
Assistant District Attorney $19,618
County Attorney $36,514
Assistant County Attorney $30,283
Confidential Secretary, County Attorney $20,900
Clerk of Board of Legislature $26,288
Deputy Clerk of Legislature $20,800
Public Defender $29,642
Deputy County Treasurer $27,692
Purchasing Agent $22,770
Deputy County Clerk $23,586
3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.
VOTE: Passed 7-0.
RESOLUTION NO. 53 Motion by Thurston, Second by Burnside.
RE: AUTHORIZE CONTRACT WITH SHAPIRO'S UNIFORM RENTAL - BUILDINGS AND GROUNDS
WHEREAS, the Purchasing Agent researched uniform rental outfits and has recommended a more cost-effective means of providing uniforms for the Buildings and Grounds Department.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a three-year term rental service agreement to run concurrent with the agreement with the Highway Department with Shapiro's Uniform Rental for the Buildings and Grounds Department at an approximate cost of $1,200 per year for weekly garment service, there being monies in the 1997 Buildings and Grounds Department budget for the same; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 54 Motion by Hastings, Second by Burnside.
RE: AUTHORIZE ADVERTISEMENT FOR ABSTRACTING SERVICES - AS AMENDED
BE IT RESOLVED, that the Clerk of the Legislature be, and hereby is, authorized to advertise for bids for abstracting services for 1997, and
BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 p.m. on March 20, 1997 by the Clerk of the Legislature, 105 Ninth Street, Watkins Glen, NY, and
BE IT FURTHER RESOLVED, that a Special Meeting of the Legislature be called for Friday, March 24, 1997 at 3:30 p.m. for the purpose of opening, considering and accepting/rejecting said bids, as well as consideration of the bids for the navigation patrol boat for the Sheriff's Department. The County of Schuyler reserves the right to reject any and all bids.
VOTE: Passed 7-0.
RESOLUTION NO. 55 Motion by Hastings, Second by Burnside.
RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 1997 SETTING FOUR-YEAR STAGGERED TERMS OF THE SCHUYLER COUNTY LEGISLATURE - FAILED
WHEREAS, a proposed Local Law regarding setting four-year staggered terms of the Schuyler County Legislature was heretofore introduced and was disapproved by the electorate at the November, 1996 elections, and
WHEREAS, it is the recommendation that said Local Law be submitted to the electorate for reconsideration at the November, 1997 Election.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the Year 1997, 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 March 10, 1997 at 7:15 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
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 9, 1997, 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, 1997 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 9, 1997, 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 1998 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 1998, 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 1998, 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, 1997. 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 Young expressed that he would like to see four year staggered terms. However, the public voted it down so he will be voting no on this resolution. Legislator Hastings stated that it only lost by 136 votes and that is not a majority. She feels it should come under consideration again. Legislator Franzese stated that she would be voting no also because a two year term is relative to the State Senate and Assembly also. She believes that the people have had their say and if the Legislators do their job they will be re-elected. Legislator Fitzsimmons believes it might be appropriate to re-considered the question because it would reduce time spent on campaigning. Legislator Burnside feels two years is a good orientation period, however then you need another two years to do the job. Legislator Thurston stated that as a new legislator, two years is not enough, not even enough to scratch the surface. For example, the Web Page took us over thirteen months to finish and we thought it would take a month or two. He also stated that the county needs continuity.
VOTE: Failed 4-3. Noes: Young, Franzese, Fitzsimmons.
RESOLUTION NO. 56 Motion by Young, Second by Thurston.
RE: ONE-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments effective immediately and terminating December 31, 1997 to the following programs, board and councils, to wit:
VOTE: Passed 7-0.
RESOLUTION NO. 57 Motion by Young, Second by Thurston.
RE: TWO-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments effective immediately and terminating December 31, 1998 to the following programs, board and councils, to wit:
VOTE: Passed 7-0.
RESOLUTION NO. 58 Motion by Young, Second by Thurston.
RE: AMEND 1997 SALARY SCHEDULE AND AUTHORIZE TRANSFER OF FUNDS
WHEREAS, since the adoption of the Salary Schedule at the January 6, 1997 Regular Meeting, the Administrative Unit agreement has been ratified and the matrix for Management/Confidential Salary personnel has been amended, both requiring amendment of the 1997 Salary Schedule, and
WHEREAS, the salary increases were appropriated into one account in the 1997 budget and need to be disbursed to the appropriate departmental budgets.
NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 1997, as on file in the Legislative Office, be amended effective immediately, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the county employees according to the 1997 Salary Schedule and make any necessary transfers within accounts to cover said increases.
VOTE: Passed 7-0.
RESOLUTION NO. 59 Motion by Franzese, Second by Young.
RE: SET RATE FOR TRAVEL REIMBURSEMENT (MILEAGE)
BE IT RESOLVED, that all authorized personnel be allowed to claim mileage reimbursement at the rate of $.29 per mile when using their personal vehicle, effective January 1, 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 60 Motion by Franzese, Second by Young.
RE: SUPPORT LEGISLATION TO AMEND THE GENERAL MUNICIPAL LAW IN RELATION TO REQUIREMENTS FOR THE FILING OF A NOTICE OF CLAIM
WHEREAS, there has been legislation re-introduced in the NYS Assembly which would expand instances in which a municipality can require a notice of defect as a condition precedent to negligence against the municipality, and
WHEREAS, this bill would require that a notice of claim be filed prior to any incident involving defective, unsafe or dangerous conditions of any real property, structure, fixture, equipment or apparatus owned by or under the care, management or control of any public corporation, and
WHEREAS, it is believed such legislation will reduce liability exposure, thereby reducing the burden on local taxpayers.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby goes on record as supporting Assembly Bill 998 to amend the General Municipal Law in relation to requirements for the filing of a notice of claims, and
BE IT FURTHER RESOLVED, that the Clerk be directed to send certified copies of this resolution to Assemblymen John J. Faso and James Bacalles, NYSAC AND ClAS.
VOTE: Passed 7-0.
RESOLUTION NO. 61 Motion by Franzese, Second by Young.
RE: RESOLUTION OF OPPOSITION TO THE PROPOSED REDUCTION IN CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS) OPERATING AID
WHEREAS, the Governor has proposed in his 1997-1998 Executive Budget a $35.8 million reduction in Consolidated Highway Improvement Program operating aid, and
WHEREAS, this proposed reduction would eliminate CHIPS Operating funds for counties and large cities in New York, and
WHEREAS, for the past fifteen years this program has experienced unqualified success in encouraging state and local partnerships for road and bridge improvements, and
WHEREAS, the proposed reduction is viewed as a step backward in the State's commitment to improving our local infrastructure, and
WHEREAS, if the proposed reduction took place, counties would be required to either raise property taxes to pay for road and bridge repairs, or delay or cancel vital highway safety projects, and
WHEREAS, Schuyler County would be paralyzed by the implications of the proposed funding reduction considering the poor conditions of its roads, and especially bridges.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby go on record as opposing the Governor's proposed $35.8 million reduction in Consolidated Highway Improvement Program operating aid for the safety and welfare of its citizens, as well as the livelihood of the County, and
BE IT FURTHER RESOLVED, that the Clerk be directed to send certified copies of this resolution to Governor George E. Pataki, Assemblyman James Bacalles, Senator John R. Kuhl, Jr., Assembly Majority Leader Bragman, Senate Majority Leader Bruno, NYSAC AND ClAS.
DISCUSSION: Legislator Burnside requested that the public send letters of support to their representatives on this issue. Legislator Franzese agreed and thought letters to the local paper would be good also.
VOTE: Passed 7-0.
RESOLUTION NO. 62 Motion by Burnside, Second by Young.
RE: AUTHORIZE CONTRACT WITH GEORGIANNA PRICE FOR PRESCHOOL SPEECH THERAPY
WHEREAS, Schuyler County must provide speech therapy to eligible preschool children according to Section 4410 of the Education Law, and
WHEREAS, Georgianna Price is a licensed speech - language pathologist and certified teacher of the speech and hearing handicapped and will provide these services at the rate of $35 per half-hour session.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute a contract with Georgianna Price to provide preschool speech therapy services from February 10, 1997 through June 30, 1997 at the rate of $35 per half hour session; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 63 Motion by Burnside, Second by Young.
RE: AUTHORIZE APPLICATION FOR EVEN START GRANT
WHEREAS, there is an Even Start Grant available to the County which can be used in conjunction with the school districts to provide family-based services to children to help them prepare for school, and
WHEREAS, the Human Services Committee recommends the Youth Bureau Director write said grant, the Letter of Intent having to be submitted January 31, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Youth Bureau Director be, and hereby is, authorized to send a Letter of Intent for the Even Start Grant Program for 1997.
VOTE: Passed 7-0.
RESOLUTION NO. 64 Motion by Burnside, Second by Young.
RE: AUTHORIZE CONTRACTS WITH COUNCIL ON ALCOHOLISM & OTHER CHEMICAL DEPENDENCIES OF THE FINGER LAKES, INC. AND FINGER LAKES ALCOHOLISM COUNSELING & REFERRAL AGENCY FOR PHONE SERVICE AGREEMENTS
BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute ongoing contracts with the following agencies for telephone service in the new Mental Health Building as follows:
BETWEEN Council on Alcoholism & Other Chemical Dependencies of the Finger Lakes, Inc., cost to include a monthly line charge of $12.50 and a monthly phone charge plus 15% administrative cost per line.
BETWEEN Finger Lakes Alcoholism Counseling & Referral Agency, cost to include a monthly line charge of $12.50 and a monthly phone charge plus 15% administrative cost per line; both contracts subject to the approval of the Schuyler County Attorney. It is understood that the monthly line charge cost could change based on the number of lines, etc.
VOTE: Passed 7-0.
RESOLUTION NO. 65 Motion by Burnside, Second by Young.
RE: APPOINTMENT - SOIL AND WATER CONSERVATION BOARD
BE IT RESOLVED, that this Legislature approve Chairman Halpin's appointment of James Hazlitt to the Soil and Water Conservation Board for the term 1/1/97 to 12/31/99.
VOTE: Passed 7-0.
RESOLUTION NO. 66 Motion by Fitzsimmons, Second by Hastings.
RE: APPOINTMENT LABOR-MANAGEMENT COMMITTEE - CSEA ADMINISTRATIVE UNIT - AS AMENDED
WHEREAS, per the CSEA Administrative Unit Contract, the parties are authorized to establish a labor-management committee to foster and continue harmonious labor relations by discussing issues of mutual concern in an attempt to reach informal resolution, and
WHEREAS, part of the new 1997-1999 contract authorizes this committee to be formed to identify those employees that are being paid at a lesser rate than other employees in the same title who possess lesser time in grade, and make wage adjustments to equalize the salaries within the title and grade, by March 30, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Legislative representatives on said committee will be as follows: Angeline B. Franzese, Doris J. Craig, Robert E. Burnside, and
BE IT FURTHER RESOLVED, that the union will appoint up to three representatives to serve on said committee, and
BE IT FURTHER RESOLVED, that this committee will be dissolved after resolution of the above-referenced issues.
VOTE: Passed 7-0.
RESOLUTION NO. 67 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE TEMPORARY INCREASE IN HOURS OF PART-TIME CLEANERS IN THE BUILDINGS AND GROUNDS DEPARTMENT
WHEREAS, options for cleaning services for the new Mental Health building are being investigated and could possibly take up to a couple of months, and
WHEREAS, it is necessary to provide cleaning services for this building immediately, and
WHEREAS, it is recommended that increasing the hours temporarily of the two part-time cleaners in the Buildings and Grounds Department would be more cost effective and efficient than hiring a temporary agency.
NOW, THEREFORE, BE IT RESOLVED, that the hours of the two 19-hour per week Cleaners in the Buildings and Grounds Department be temporarily increased to 29 hours per week effective immediately until such time as the cleaning services issue for the new Mental Health building is resolved, and
BE IT FURTHER RESOLVED, that if the County opt to authorize a contract between the Buildings and Grounds and Mental Health Departments for cleaning services in the future, that the contract will be retroactive to include this time period.
VOTE: Passed 7-0.
RESOLUTION NO. 68 Motion by Franzese, Second by Young.
RE: DESIGNATION OF THE SCHUYLER COUNTY SOIL AND WATER CONSERVATION DISTRICT AS LEAD AGENCY FOR A STREAM ASSESSMENT AND REMEDIATION GRANT PROGRAM
WHEREAS, the Schuyler County Legislature has placed in the 1997 budget of the Soil and Water Conservation District money to establish a nonpoint source streambank erosion control program, and
WHEREAS, a county wide assessment of streambank erosion and remediation needs to be developed, and
WHEREAS, Schuyler County has the opportunity to apply for funding through the Department of Environmental Conservation 1996 New York Nonpoint Source Implementation Grants Program to assist in developing this program, and
WHEREAS, the Schuyler County Legislature has already designated the Soil and Water Conservation District as the lead agency responsible for addressing nonpoint source point pollution in Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature designates the Schuyler County Soil and Water Conservation District as the lead agency to submit a Schuyler County Stream Assessment and Remediation Program proposal for consideration under the aforementioned grant program.
VOTE: Passed 7-0.
RESOLUTION NO. 69 Motion by Franzese, Second by Young.
RE: AUTHORIZE OUT OF STATE TRAVEL - PUBLIC HEALTH
WHEREAS, the Home Health Agency is required to attend a Provider Reimbursement Review Board Hearing in Baltimore, Maryland, and
WHEREAS, out of state travel requires legislative approval.
NOW, THEREFORE, BE IT RESOLVED, that the Public Health Office Manager be allowed to travel out of state to attend the aforementioned hearing.
VOTE: Passed 7-0.
REPORT ON STANDING COMMITTEES: Legislator Burnside reported on Public Safety/Criminal Justice, the plan for communications equipment has been done. He then gave a quick update on 1997 goals for his committee. The revised security system goal will be discussed in next month's committee meeting. They will also review the District Attorney's office, possibly having a full-time DA vs part-time. Overtime in the Sheriff's Department has not been discussed yet. For Governmental Operations - the County Clerk and Treasurer will be moving the last week of February or early March. There is a possibility that Albany will control the renewals of licenses by mail instead of locally. This will take revenues from Schuyler County. The Deputy County Clerk will be making a report at next month's committee meeting. The job description for the Real Property Tax Director is complete and advertising is being done.
Legislator Fitzsimmons reported on Management & Finance. He read aloud the committees 1997 goals. He also stated that because of the NYSAC Conference being held Sunday, February 23-25, 1997 the Management & Finance Committee meeting scheduled for Monday, February 24, 1997 will be canceled. Community Development & Natural Resources - He feels they are communicating very well with Cooperative Extension and the Barge Canal project is going along smooth.
Legislator Young reported on Public Works. The Superintendent of Highways Position is up at the end of the year and the requirements will be discussed in committee. He reviewed the goals for his committee briefly and stated that there should be $180,000 funding coming for bridge repair.
Health Services - Legislator Hastings stated that she has heard from both New York State Department of Health and Mental Health concerning the merging of the two departments. There seems to be no negative ramifications. They have asked us to answer some more questions, which we hope to answer within the week. She has always felt that the Health Department should be a complete body. She also reported that the committee will be evaluating health needs with Schuyler Hospital and try to come up with a solution. At the Agricultural meeting they discussed combining the committee with the Farmland Protection Agency. There are too many laws stating that they can't do this and the members agreed not to. She also reported that the Farm Bureau had a concern about the Small Lamb and Goat Slaughtering being done. They would like our support. She suggested the Chairman write a letter to our State representatives. Soil & Water Conservation has submitted three grant applications. The third one submitted was on stream assessment, which a Resolution was passed tonight in support of that. ASCS report, Rod Malonske stated that they are closing 24 more offices and by the year 2002 the agency will be dissolved. She also reported that the Department of Environmental Conservation (DEC) is trying to find funding for a dyke at the electrical plant in Montour Falls, however, it doesn't look like they will get it. The Mental Health's open house and grand opening- ribbon cutting will be held on May 2, 1997. Both Department of Health and Department of Mental Health Commissioners from the State will be attending. The early preview for the public will be February 28, 1997 from 2:00-6:00 p.m.
Legislator Franzese wanted to make sure the legislators received their invitation to Southern Tier Central's annual banquet on February 20, 1997 and encouraged attendance. She will be handing her position as Chair over to Tom Tranter.
Chairman Halpin wanted it known that the 1997 goals for the Legislature are broken down by committee and the goals under the category "other" will be done by the full Legislature.
Legislator Hastings wanted it known that Resolution No. 414-96 was pulled, it was supposed to be discussed in committee this month and will not be.
Legislator Thurston reported that the Web page is up and running. There is room to expand and he asked the public for ideas. Legislator Young commended Legislator Thurston for doing a great job on the web page project. Legislator Franzese wanted to know how they could track the use of the page, how many people are using this service. Legislator Thurston explained that they can track the number of hits.
PUBLIC PARTICIPATION: Sue Brill asked Legislator Hastings about the comment that was made about a county vineyard which was discussed at the Agriculture and Natural Resources Committee meeting. Legislator Hastings stated that she was not present at the time, however, they were going to discuss the possibility of having the Mobile Work Crew work in a county owned vineyard. Legislator Hastings stated that it would be a marvelous job for people to learn since there are so many vineyards in the county. Doris Karius feels that there is not enough of a return investment for vineyards. Legislator Fitzsimmons stated that the point of the workfare program is to train clients for jobs that would provide them with a living wage of income.
Tom Ryan thought it would be a good idea for the county to have business cards printed up with the web page address and e-mail address on them to hand out to the public. .
Doris Karius commented the Mobile Work Crew had painted the Hector Fire Hall and they did an excellent job.
The meeting adjourned at 8:44 p.m.
Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk
The Public Hearing on the Canal Corridor Initiative Program was held at the Village of Montour Falls Office and was called to order at 8:03 p.m. by Chairman Halpin. All Legislators were present except Legislators Compton, Young and Fitzsimmons who were absent. County Attorney Coleman was also present. The Montour Falls Village Board members were present along with one person from the public.
Presentation given by: Lee L'Amoreaux, Director, Five Lakes Development; Victoria Gilbert, Cooperative Extension Planner; and Dawn Smith, Planning Assistant.
Lee L'Amoreaux explained that there has been an update from the February 10, 1997 Public Hearing. The Seneca Lake Excursions project has added rehabilitation and operation of a larger dinner cruiser. Other than that change everything is still the same. Lee stated that everyone present has heard the presentation, however, he would recap the main points. He emphasized that HUD will pick and choose projects. Vickie Gilbert stated that the specific interests are water-based, land-based, and natural resources intrinsic to the continued economic vitality of the county. Dawn Smith said that local letters of support from the villages and the county would help tremendously, especially since the county is the lead agency in this project. Lee also stated that with HUD, the more we tell them the better. Vickie stated that the project is a mixture and the each one is different. She also stated that as far as the interest rate of 6.5% for the loans, it can go down, however, they are working with this figure as being the highest rate. Legislator Hastings wanted to commend both the Village of Watkins Glen and the Village of Montour Falls for a job well done.
The hearing adjourned at 8:30 p.m.
Stacy B. Husted, Deputy Clerk
The March 10, 1997 Regular Meeting of the Schuyler County Legislature was called to order at 6:33 p.m. by Chairman Halpin. All Legislators were present except Legislator Young who was excused. County Attorney Coleman was also present.
PUBLIC PARTICIPATION: Robert Swinnerton, President and CEO of Schuyler Hospital introduced himself along with eleven other board members. He encouraged support from the Legislature on Intro. No. 38 for the following reasons: The implementation will result in cost savings, efficiency to the County as detailed by Center for Governmental Research (CGR). Second, it will benefit Schuyler Hospital. Third, it proposes a partnership that shows a clear example for cooperation and collaboration of future years. It is networking Health Care Services and streamlining of County Government. This year Governor Pataki's budget proposal will have a major impact on the Hospital, resulting in a loss of $1.3 million compared to last years $600,000 loss. He again asked that the Legislature vote unanimously for this resolution tonight and thanked them for their involvement. The Hospital is ready to go to work and they are anxious to move ahead as partners. Mr. Gifford, a Hospital Board Member, added that he is looking forward to working with the County to see that Health Care needs are met. Sandra Just stated that she has been a Home Health Aide for nine and a half years and has attended school for nine months to receive her certificate versus the one-month training program for the hospital aides. Ruth Young, Legislator Charles Young's wife, thanked everybody for their support during Legislator Young's illness. She asked to speak on Charlie's behalf since he was unable to attend. He feels this resolution has not been thought through enough. If the system is not broken then don't fix it. If there is a problem within the department, then talk to those involved and fix it within the department. Patricia Redick commented that there are so many people in the community that work at Cornell University, which has an HMO plan for insurance. They are not allowed to go to Schuyler Hospital, they have to locate their physician and get their approval first. It seems that Schuyler Hospital and HMOs just can't get together on this issue. Cecelia DeBolt stated that she has been a Home Health Aide for thirteen years working with the community. She asked how much money the county would save doing this. Legislator Hastings explained that this has been coming, especially with the State and Federal Governments cutting back funding. Cecelia said that it is a shame that nurses will lose pension and seniority. Chairman Halpin stated that there are issues to be resolved yet and all they can say is that they hear their concerns, especially the HMO issue. Mark Houck said that if the County lays off two nurses and eliminates the Home Health Aides there will be unemployment costs. If there is a problem now, a client can call and complain to the Director of Patient Services. How will this work with the Hospital? David Wood, President of CSEA, stated that the Home Health Aides are union employees and contracting out will be going against the contract. Chairman Halpin stated that they are well aware of the obligations of the contract, she has talked to Joe Maratea, CSEA Labor Specialist. Carol Drake asked, as a person that has used the Home Health Aide service, why the county couldn't consider experienced employees first if they are going to contract out. She feels it is a waste of time and money if it lessens the care for the clients. Chairman Halpin explained that this contract will be for Personal Care Aides only and not Registered Nurse services. Lory Peck suggested that the Legislature try other recommendations from Center for Governmental Research (CGR) first before contracting out. Legislator Hastings stated that this has been an ongoing process for six years, it is not an overnight decision. It is up to us to make sure the county receives the best care and service possible for their money. Elizabeth Fraboni wanted to know how the county was going to save money if they spend more on training nurses. Legislator Hastings explained that with the 100% funding, it all works out. Barb Regan wanted to clarify that, relative to funding, it is not the nurses position, it is what the nurse does. A Registered Nurse can do Public Health duties and receive the same reimbursement. Barb Regan also wanted it known that the Hospital may provide good care, she has been working closely with them in the last few days. There is not a war going on. However, there are a lot of concerns about providing services to Office for the Aging and the Department of Social Services. The Chairman stated that she feels the process will be a smooth one, there will be no decrease in service. Bonnie Lokken from OFA voiced her concern about state aid for their office if the contracting occurs. They could lose money for some programs. Bonnie also wanted to know who would supervise the aides? Legislator Hastings explained that the County still has the CHHA and Barb Regan would still have to supervise. She does not foresee a problem. Bonnie asked if the aides from the Hospital would give personal care. Debbie from the Hospital stated the Home Health Care and Personal Care will be provided. Legislator Franzese encouraged the Hospital Board to stay for the rest of the meeting.
PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 1997 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 1997: Joe Rooney questioned why there was such a difference in pay for the Assistant District Attorney and the Assistant County Attorney for 1997. Chairman Halpin explained that there used to be four people doing the job in the County Attorney's Office, now there are two. Chairman Halpin said that the District Attorney's Office is being studied right now. Legislator Burnside said that they are looking at a possible full-time District Attorney. Joe could not understand why there was a $10,000 difference in two county jobs that are similar. Lory Peck wanted to know what the average pay increase is. Chairman Halpin stated that it is anywhere from 3% to 4.5%. Joe Rooney wanted to know what would be done with this situation. Chairman Halpin explained that the resolution will go through now and the issue will be discussed for next year.
Teri Baccile wanted to say that the contract with the Hospital will have a drastic impact on the Public Health Office. She did not see why it was considered an emergency, there will be no cost savings. The County needs to look into different ideas. Chairman Halpin explained that there is an emergency because the Hospital was encouraged in 1993 to get licensed to become a Home Health Care Agency and we have not utilized them. The Hospital's Home Health Care Agency can not exist after April 1, 1997 if we do not contract with them.
AWARD PRESENTATION TO RAMONA BARTON: Chairman Halpin presented Ramona with a Certificate of Appreciation and acknowledged her many years of community service. The Chairman explained that it was Ramona that convinced the Legislature into creating an Environmental Management Council (EMC) and that they all appreciate her efforts.
RESOLUTION NO. 70 Motion by Hastings, Second by Burnside.
RE: APPROVE MINUTES OF THE FEBRUARY 10, 1997 REGULAR MEETING AND FEBRUARY 10, 1997 AND FEBRUARY 18, 1997 PUBLIC HEARINGS OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the February 10, 1997 Regular Meeting, and February 10, 1997 and February 18, 1997 Public Hearings of the Schuyler County Legislature be approved.
VOTE: Passed 7-0.
RESOLUTION NO. 71 Motion by Thurston, Second by Franzese.
RE: DECLARE VEHICLE SURPLUS - BUILDINGS AND GROUNDS
WHEREAS, the 1984 Chevrolet Pickup belonging to the Buildings and Grounds Department is inoperable and would be too costly to repair.
NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, this County Legislature hereby declare as surplus (1) 1984 Chevrolet Pickup truck and authorize this equipment be disposed of by the Buildings and Grounds Department as required by law.
VOTE: Passed 7-0.
RESOLUTION NO. 72 Motion by Thurston, Second by Franzese.
RE: AUTHORIZE CONTRACT WITH ELMIRA PSYCHIATRIC CENTER FOR PHONE SERVICE AGREEMENT
BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an ongoing contract with the following agency for telephone service in the new Mental Health Building as follows:
BETWEEN Elmira Psychiatric Center, cost to include a monthly line charge of $12.50 and a monthly phone charge plus 15% administrative cost per line; subject to the approval of the Schuyler County Attorney. It is understood that the monthly line charge cost could change based on the number of lines, etc.
VOTE: Passed 7-0.
RESOLUTION NO. 73 Motion by Thurston, Second by Franzese.
RE: APPROVE APPLICATIONS FOR CORRECTION AND REFUND OF TAXES - OWEN - TOWN OF MONTOUR
WHEREAS, the Real Property Tax Service has received applications for correction and refunds for tax map number 66.-1-10.111 in the Town of Montour 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 Assistant and the Governmental Operations Committee that the applications be approved.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute approval of said applications, and
BE IT FURTHER RESOLVED, that the County Treasurer refund the sum of $80.12, (County $22.23, Town $9.96, Odessa Fire $3.03, Odessa Returned School $31.37, Notice Fee $1.00, Penalty $3.38, Interest $6.40 and Adv. $2.75) to the applicant, ($31.37 to be charged back to the Odessa-Montour School District).
VOTE: Passed 7-0.
RESOLUTION NO. 74 Motion by Thurston, Second by Franzese.
RE: APPROVE APPLICATION FOR REFUND OF TAXES ON TWO TAX BILLS - WILCOX AND LANE - TOWN OF TYRONE 1997 LEVY
WHEREAS, the Real Property Tax Assistant has received applications for a refund of taxes for tax map number 39.5-1-18 in the Town of Tyrone for property owned by Donald and Marie Wilcox, and for tax map number 49.7-2-15 in the Town of Tyrone for property owned by John E. Lane, due to an error in essential fact, 550 (2), the omission of Veterans' Exemptions and,
WHEREAS, it is the recommendation of the Real Property Tax Assistant 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 the Legislature be, and hereby is, authorized to execute approval of said applications.
VOTE: Passed 7-0.
RESOLUTION NO. 75 Motion by Franzese, Second by Fitzsimmons.
RE: OPPOSE LOSS OF DEPARTMENT OF MOTOR VEHICLE (DMV) MAIL-IN REGISTRATIONS & LICENSES
WHEREAS, County Clerks have always been proud of their Motor Vehicle offices, the quality of service and the efficient operations of their offices, and
WHEREAS, over the last five years during DMV's Reinventing Initiative, County Clerks and their DMV offices have taken on enforcement transactions, official registrations, financial security transactions and abstracts. They have cooperated in order to provide better service to the residents of their counties, at times without any additional compensation, and
WHEREAS, in the recent Executive Budget, County Clerks, DMV offices are targeted to lose mail-in registrations and mail-in licenses, which will comprise about one third of their revenue even with the retention increased to 11%, and
WHEREAS, this loss of revenue is going to cause a hardship to county residents, a loss in service available and the possible closing of the office.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature strongly opposes the concept of removing the mail from the local DMV offices, and
BE IT FURTHER RESOLVED, that this Legislature realizes the importance of the local DMV office and the service they provide, and further requests that the Governor reconsider removing the mail from the local offices, decreasing DMV revenue and hence seriously crippling DMV service in our County, and
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Honorable George Pataki, Governor; Hon. Joseph Bruno, Senate Majority Leader; Hon. Sheldon Silver, Assembly Speaker; Hon. John R. Kuhl, NYS Senator; Hon. James Bacalles, NYS Assemblyman; Hon. Ronald B. Stafford, Chairman Senate Finance Committee; Hon. Herman D. Farrell, Jr., Chairman Assembly Ways & Means Committee; Patricia A. Woodworth, Director of the Budget, NYSAC and ClaS.
DISCUSSION: Linda Compton handed the Legislature a Petition with 1,308 signatures in support of the resolution. Legislator Burnside questioned the saving of $8 million for the state. Senator Kuhl has said that it is now down to only $1.4 million savings. The State would reimburse the county 8-11%. Linda Compton stated that even with the 11% reimbursement, the county would lose $28,000 in revenues.
VOTE: Passed 7-0.
RESOLUTION NO. 76 Motion by Franzese, Second by Fitzsimmons.
RE: CONTRACT - GEORGIANNA PRICE 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 Georgianna Price, to provide early intervention services, effective March 1, 1997, at rates set by the New York State Department of Health; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 77 Motion by Hastings, Second by Burnside.
RE: CONTRACT - JUDY E. DeMARCO 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 Judy E. DeMarco, to provide early intervention services, effective March 1, 1997 at rates set by the New York State Department of Health; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 78 Motion by Hastings, Second by Burnside.
RE: CONTRACT - JUDY E. DeMARCO 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, JUDY E. DeMARCO 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 JUDY E. DeMARCO to provide preschool occupational therapy services from March 1, 1997 through June 30, 1998 at the rate of $35 per half hour session; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 79 Motion by Hastings, Second by Burnside.
RE: AMEND 1996 COUNTY BUDGET - MENTAL HEALTH
WHEREAS, additional funding has been approved for the Finger lakes Alcoholism Counseling and Referral Agency and the Council on Alcoholism and Other Chemical Dependencies of the Finger Lakes, Inc., and the following agreement and budget modifications are required.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the County Treasurer to amend the following accounts:
REVENUE ACCOUNT AMOUNT
State Funds 4322.3490 $ 2,789
EXPENSES
Finger Lakes Alcoholism Counseling and Referral Agency 4322.0336 $ 2,289
Council on Alcoholism & Other Chemical Dependencies
of the Finger Lakes, Inc. 4322.0550 $ 500
BE IT FURTHER RESOLVED, that the Legislature authorizes the expenditures for these items.
VOTE: Passed 7-0.
RESOLUTION NO. 80 Motion by Burnside, Second by Franzese.
RE: AMEND 1997 BUDGET FOR MENTAL HEALTH
WHEREAS, via Resolution 96-336, the Schuyler County Legislature authorized the expenditure of Federal Salary Sharing dollars in the 1996 County budget, and
WHEREAS, the Office of Mental Health has authorized the carry over of these funds into 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Mental Health budget be amended as follows:
REVENUE
A4310-4490 $40,000
EXPENSES
4310.200 (Equipment) $40,000
VOTE: Passed 7-0.
RESOLUTION NO. 81 Motion by Burnside, Second by Franzese.
RE: INCREASE HOURS OF MEAL DELIVERER POSITION - OFFICE FOR THE AGING
WHEREAS, the Schuyler County Office for the Aging lost two employees from the Nutrition Program in 1996, and
WHEREAS, it has become difficult to cover the work with the remaining staff, and
WHEREAS, NYS funding will not accommodate another full-time person.
NOW, THEREFORE, BE IT RESOLVED, that the hours of the Meal Deliver Part-Time position in the Office for the Aging be increased from 16 hours/week to 30 hours/week, and
BE IT FURTHER RESOLVED, that said employee receive the benefits to which he is entitled.
VOTE: Passed 6-1. No: Compton
RESOLUTION NO. 82 Motion by Burnside, Second by Franzese.
RE: APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD
BE IT RESOLVED, that the Schuyler County Legislature approve the appointment of the following individuals to the Schuyler County Youth Board:
Patricia Hastings Legislator, Watkins Glen/Dix
Ronald Alexander Probation
Anne Balch Social Services
Philip Barnes Sheriff
Donald Dryden WGCS
Michael Johnston OMCS , Odessa/Montour
Hazel Verdegaal Watkins Glen/Dix
Rex Sunquist OM Youth, Montour Falls
WG Youth
Rita Decker Town of Catharine
Bonnie Schweitzer Catharine/Cayuta
VOTE: Passed 7-0.
RESOLUTION NO. 83 Motion by Thurston, Second by Fitzsimmons.
RE: AUTHORIZE TEMPORARY APPOINTMENT OF SUPERVISING SUPPORT INVESTIGATOR TRAINEE
WHEREAS, on February 3, 1997, Patricia Meehan, Supervising Support Investigator, submitted her notice of retirement which is effective March 4, 1997, and
WHEREAS, she is the only worker in that unit that does child support enforcement work, and
WHEREAS, the Human Services Committee of the Legislature authorized filling of this vacancy, and
WHEREAS, a training period is needed.
NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services be hereby authorized to temporarily appoint Charlene Pelow to a Supervising Support Investigator Trainee position from February 3, 1997 until March 5, 1997 at an hourly rate of $11.48.
VOTE: Passed 7-0.
RESOLUTION NO. 84 Motion by Thurston, Second by Fitzsimmons.
RE: ADOPT MEDICAID TRANSPORTATION REIMBURSEMENT POLICY
WHEREAS, Schuyler County Department of Social Services is required under certain unusual circumstances to reimburse Medicaid recipients for cost of medical transportation, and
WHEREAS, the intent of the regulations is to cover costs for non-routine transportation expenses, and
WHEREAS, the local department has traditionally used the rate negotiated by CSEA with the county for mileage reimbursement, and
WHEREAS, that rate takes into consideration insurance upkeep, replacement cost, etc., not required for Medicaid purposes, and
WHEREAS, the average operating costs calculated by AAA is $0.10/mile, and
WHEREAS, the Department wishes to update its medical transportation policy which is on file in the Legislative Office.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Department of Social Services be authorized to reimburse Medicaid recipients with prior approval at a rate of $0.10/mile, and
BE IT FURTHER RESOLVED, that reimbursement be available only for medical appointments when the direct route mileage exceeds 30 miles (not to affect reimbursement for volunteer transports such as RSVP, OFA, Escort Service).
VOTE: Passed 7-0.
RESOLUTION NO. 85 Motion by Franzese, Second by Thurston.
RE: OPPOSITION TO STATE BUDGET STATE AID CUTBACKS AS THEY APPLY TO PROBATION
WHEREAS, the past few years have witnessed a dramatic shift away from State Aid and support of Probation Departments and practices in New York State, and
WHEREAS, it has come to our attention that with the latest submission of the State budget a project of a further State Aid cutback to approximately 26%, a reduction of 6% from the previous year and a vast reduction from the past 10 years of about 20% is recommended, and
WHEREAS, this potential cut would severely affect the ability of a small county such as Schuyler to effectively deliver probation services to the public and protect the public, and
WHEREAS, to expect that probation can continue to supply client and community-oriented service with increasing local costs is not based on fiscal reality.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature go on record as being opposed to any reduction in State Aid for probation services and in fact supports an increase of State Aid to the statutorily permitted 50%, and
BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to submit this resolution to the Hon. George Pataki, Hon. John R. Kuhl, Jr., Hon. James Bacalles and other appropriate representatives of the Legislature, NYSAC and ClaS.
VOTE: Passed 7-0.
RESOLUTION NO. 86 Motion by Franzese, Second by Thurston.
RE: AUTHORIZE MAINTENANCE AGREEMENT FOR MICROWAVE SYSTEM - EMERGENCY MANAGEMENT
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to enter into a maintenance agreement with Watkins Glen International Land Communications to provide maintenance and service for the microwave system for a period of one year at a cost of $3,600; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0. Abstain: Thurston.
RESOLUTION NO. 87 Motion by Burnside, Second by Fitzsimmons.
RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. 1 OF THE YEAR 1997 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 1997
WHEREAS, a proposed Local Law setting salaries for certain public officers for the year 1997 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held March 10, 1997, 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. 1 of the year 1997, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. 1 of the year 1997, together with the required text thereof in the official county newspaper.
A Local Law Setting the Salaries of Certain Public Officers for the year 1997.
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, 1997.
2. The following public officers are subject to the provision hereof:
Commissioner of Social Services $40,580
Undersheriff $35,850
Confidential Secretary, District Attorney $11,108
Superintendent of Highways $35,617
Deputy Superintendent of Highways $32,104
Assistant District Attorney $19,618
County Attorney $36,514
Assistant County Attorney $30,283
Confidential Secretary, County Attorney $20,900
Clerk of Board of Legislature $26,288
Deputy Clerk of Legislature $20,800
Public Defender $29,642
Deputy County Treasurer $27,692
Purchasing Agent $22,770
Deputy County Clerk $23,586
3. This Local Law shall not take effect until at least 45 days after its adoption in accordance with County Law Section 201 and Municipal Home Rule Law Section 24.
VOTE: Passed 6-0. Abstain: Compton.
RESOLUTION NO. 88 Motion by Burnside, Second by Fitzsimmons.
RE: AMEND RESOLUTION NO. 54-97 AUTHORIZING ADVERTISEMENT FOR ABSTRACTING SERVICES AND SET SPECIAL MEETING DATE
WHEREAS, the dates in Resolution No. 54-97 need to be changed and a special meeting set to accept/reject the bids prior to the April Regular Meeting.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 54-97 be amended to read as follows:
"BE IT RESOLVED, that the Clerk of the Legislature be, and hereby is, authorized to advertise for bids for abstracting services for 1997, and
BE IT FURTHER RESOLVED, bids are to be received no later than 5:00 p.m. on March 20, 1997 by the Clerk of the Legislature, 105 Ninth Street, Watkins Glen, NY, and
BE IT FURTHER RESOLVED, that a Special Meeting of the Legislature be called for Friday, March 24, 1997 at 3:30 p.m. for the purpose of opening, considering and accepting/rejecting said bids, as well as consideration of the bids for the navigation patrol boat for the Sheriff's Department. The County of Schuyler reserves the right to reject any and all bids."
VOTE: Passed 7-0.
RESOLUTION NO. 89 Motion by Thurston, Second by Burnside.
RE: ONE-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments effective January 1, 1997 and terminating December 31, 1997 to the following programs, boards and councils, to wit:
VOTE: Passed 7-0.
RESOLUTION NO. 90 Motion by Thurston, Second by Burnside.
RE: APPOINTMENTS - OFFICE FOR THE AGING ADVISORY COUNCIL
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments to the Office for the Aging Advisory Council effective January 1, 1997 and terminating December 31, 1999:
VOTE: Passed 7-0.
RESOLUTION NO. 91 Motion by Thurston, Second by Burnside.
RE: APPOINTMENTS - ENVIRONMENTAL MANAGEMENT COUNCIL
BE IT RESOLVED, the Schuyler County Legislature hereby approves the following appointments to the Environmental Management Council effective January 1, 1997 and terminating December 31, 1998:
VOTE: Passed 7-0.
RESOLUTION NO. 92 Motion by Thurston, Second by Burnside.
RE: APPOINTMENTS - HEALTH SERVICES AND PROFESSIONAL ADVISORY COMMITTEE
BE IT RESOLVED, the Schuyler County Legislature hereby approves the following appointments to the Health Services and Professional Advisory Committee effective January 1, 1997 and
terminating December 31, 2000:
terminating December 31, 1997:
VOTE: Passed 7-0.
RESOLUTION NO. 93 Motion by Hastings, Second by Compton.
RE: GRANT - AMEND CONTRACT FOR NYSDOH LEAD POISONING PREVENTION PROGRAM GRANT AND ESTABLISH 1997-98 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, 1997 through March 31, 1998.
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, 1997 through March 31, 1998, in the amount of $25,000; subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the 1997-98 budget be established as follows:
$14,629.00 to account no. 4010.100-4042 - Personal Service
2,000.00 to account no. 4010.208-4042 - Computer Equipment
300.00 to account no. 4010.429-4042 - Supplies
300.00 to account no. 4010.433-4042 - Postage
300.00 to account no. 4010.440-4042 - Travel
300.00 to account no. 4010.472-4042 - P.R., Brochures
5,750.00 to account no. 4010.489-4042 - Fringe Benefits
2,000.00 to account no. 4010.579-4042 - Lead Testing
25,579.00 TOTAL EXPENSES
579.00 to fee revenue account no. 4010.1610-4042
25,000.00 to grant revenue account no. 4010.4401-4042
25,579.00 TOTAL REVENUE
VOTE: Passed 7-0.
RESOLUTION NO. 94 Motion by Hastings, Second by Compton.
RE: DECLARE PUBLIC HEALTH/HOME HEALTH EQUIPMENT SURPLUS
BE IT RESOLVED, pursuant to County Law Section 215, this County Legislature hereby declare as surplus Public Health Office/Home Health Agency equipment as listed below and authorize the Buildings and Grounds Department to dispose of as required by law:
1 Osicom IBM-compatible 8088 computer with monitor
1 IBM PCAT 286 Computer with monitor
1 Computer terminal
1 C. Itoh 9-pin printer
3 IBM Electric typewriters
1 Typewriter stand
2 exam tables
VOTE: Passed 7-0.
RESOLUTION NO. 95 Motion by Burnside, Second by Fitzsimmons.
RE: AMEND RESOLUTION NO. 66-97/APPOINTMENT - LABOR-MANAGEMENT COMMITTEE - CSEA ADMINISTRATIVE UNIT
WHEREAS, there is a vacancy on the labor-management committee due to the medical leave of a legislator.
NOW, THEREFORE BE IT RESOLVED, that Resolution No. 66-97 be amended to replace Doris J. Craig, Personnel Director for Legislator Charles E. Young.
VOTE: Passed 7-0.
RESOLUTION NO. 96 Motion by Burnside, Second by Fitzsimmons.
RE: A RESOLUTION AUTHORIZING THE REPLACEMENT OF THE ROOF OF THE RURAL URBAN CENTER BUILDING, INCLUDING INCIDENTAL IMPROVEMENTS, BY THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $97,000, AND AUTHORIZING THE ISSUANCE OF $97,000 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 replacement of the roof of the Rural Urban Center Building, including incidental improvements, by the County of Schuyler, New York, is hereby authorized at a total maximum estimated cost of $97,000.
Section 2. SEQR Determination: It is hereby determined that the aforesaid project constitutes a Type II action under the SEQR regulations of the State of New York which will not have a significant impact upon the environment.
Section 3. The plan for the financing of such maximum estimated cost is by the issuance of $97,000 serial bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, the power to appropriate 1997 fund balance to defray such additional cost, including the power to redeem any or all obligations issued pursuant to this resolution from such 1997 fund balances, is hereby delegated to the County Treasurer.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 12 (2) 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 the 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 7-0.
RESOLUTION NO. 97 Motion by Burnside, Second by Fitzsimmons.
RE: ACCEPT/REJECT BIDS - RURAL URBAN CENTER ROOF REPLACEMENT PROJECT
WHEREAS, advertisement was done for bids for construction and asbestos work for the Rural Urban Center Roof Replacement Project.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accepts the bid received from McLaughlin Roofing Corporation in the amount of $77,600 with Alternates GC3, GC4 and AA1 for a total of $80,230, and
BE IT FURTHER RESOLVED, that the bids received from Eastern Roofing and Penn-Environmental, Inc. be rejected.
VOTE: Passed 7-0.
Legislator Thurston stepped out of the meeting room.
RESOLUTION NO. 98 Motion by Burnside, Second by Fitzsimmons.
RE: DECLARE COMPUTER EQUIPMENT SURPLUS - COUNTY ATTORNEY'S OFFICE
WHEREAS, due to the limitations of their old computer, the County Attorney's Office purchased updated computer equipment for their office.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215 this Legislature authorizes the County Attorney to declare the following equipment surplus and have this equipment disposed of by the Buildings and Grounds Department as required by law:
1991 Twinhead Superset 400 Hard Drive #51B033419
1991 Samsung Monitor #W10206181
1994 BTC Professional Keyboard #402027566
VOTE: Passed 7-0.
RESOLUTION NO. 99 Motion by Franzese, Second by Fitzsimmons.
RE: APPLICATION FOR PRIVATE INDUSTRY COUNCIL'S (PIC) TITLE IIB SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM GRANT
WHEREAS, Schuyler County has the highest youth unemployment rate of any county in New York State including counties of the New York City area, and
WHEREAS, the Chemung-Schuyler-Steuben Private Industry Council (PIC) awards grants for a summer youth program, and
WHEREAS, the Job Training Partnership Act (JTPA) has expanded this program to include both low-income and at-risk youth ages 14 to 18 years, and
WHEREAS, The Schuyler County Youth Bureau because of the Persons in Need of Supervision (PINS) Diversion Committee, and Runaway and 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 6-0.
RESOLUTION NO. 100 Motion by Franzese, Second by Fitzsimmons.
RE: APPOINTMENT - LOCAL EMERGENCY PLANNING COMMITTEE
BE IT RESOLVED, that this Legislature approve Chairman Halpin's appointment of Richard Bills to the Local Emergency Planning Committee effective immediately.
VOTE: Passed 6-0.
WITHDRAWN
RE: ACCEPT/REJECT BIDS - NAVIGATION PATROL BOAT - SHERIFF'S DEPARTMENT - WITHDRAWN
WHEREAS, the Schuyler County Legislature has received bids for a patrol boat for the Schuyler County Sheriff's Department, and
WHEREAS, such bids were opened and read on February 21, 1997, and
WHEREAS, the lowest bid received in the amount of $29,828.00 from East Bluff Harbor Marine does not meet the specifications as outlined in the bid documents.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the second lowest bid from East Bluff Harbor Marine in the amount of $33,840.00 for the patrol boat and reject all other bids, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to increase the navigation account no. 3111 by $2,304 and the navigation revenue account by $2,304, and
BE IT FURTHER RESOLVED, that it is acknowledged that 60% of the $3,840 or $2,304, will be reimbursed by the State of New York and since patrol boats are used for security and surveillance on criminal investigations that $1,536 be charged to Sheriff's seized asset account no. 3121.
RESOLUTION NO. 101 Motion by Franzese, Second by Fitzsimmons.
RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO REPEAL THE GROSS RECEIPTS TAX
WHEREAS, New York State Tax Law Article Thirteen-A imposes a gross receipts tax which mandates people and corporations pay taxes on other taxes, including property taxes and corporate surcharges, and
WHEREAS, this gross receipts tax is an additional cost to New Yorkers and businesses and hinders job development in New York State, and
WHEREAS, in order for New York State to show the global business community that New York State is serious about reducing the costs of doing business, it is necessary for the New York State Legislature to eliminate the gross receipts tax.
NOW, THEREFORE, BE IT RESOLVED, that this County Legislature, in an effort to bring about job development in Schuyler County and encourage existing industry to remain and expand in Schuyler County and to encourage other industry to commence operations and/or relocate to Schuyler County and New York State, requests the New York State Legislature to repeal the Gross Receipts Tax in the next legislative session, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislative Clerk is hereby directed to send a certified copy of this resolution to Governor George Pataki, Senator John R. Kuhl, Jr. and Assemblyman James Bacalles.
VOTE: Passed 6-0.
Legislator Thurston returned to meeting room.
RESOLUTION NO. 102 Motion by Thurston, Second by Fitzsimmons.
RE: AUTHORIZE TRANSFER OF FUNDS - LEGISLATURE
WHEREAS, the Legislative Office has incurred $1,077.50 worth of bills for computer services which was an unanticipated expense, and
WHEREAS, there are no available monies in the 1997 legislative budget for the same.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $1,077.50 from Contingency account no. 1990.5 to Legislative account no. 1010.426.
VOTE: Passed 7-0.
WITHDRAWN
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN BY ELIMINATING THE PERFORMANCE APPRAISAL PROCESS FOR DEPUTIES AND CONFIDENTIAL EMPLOYEES - WITHDRAWN
WHEREAS, the policy has been for Department Heads to do the performance appraisals for their deputies and confidential employees, and
WHEREAS, that process has been studied and found to be difficult to administer in setting salary increases in a fair and equitable manner.
NOW, THEREFORE, BE IT RESOLVED, that the performance appraisal process for deputies and confidential employees will not be required beginning in 1997, and
BE IT FURTHER RESOLVED, that these employees will be given annual raises according to the terms set forth in the CSEA Administrative Unit Contract effective 1998, and
BE IT FURTHER RESOLVED, that Department Heads are encouraged to continue their performance appraisals as that process is deemed to be a good management tool and to promote effective communication between the parties, and
BE IT FURTHER RESOLVED, that the Personnel Director shall amend the Management/Confidential Salary Plan to reflect this change in policy.
DISCUSSION: Legislator Thurston stated that many of the Deputy Department Heads are in direct supervisor positions when a Department Head is absent. He is not comfortable putting those positions in the Civil Service Employees Association (CSEA). Chairman Halpin stated that all this does is adjust their salaries to a unit salary and removes them from the Management Confidential Salary Plan so they will no longer be rated by the appraisal process. Legislator Franzese asked if it was discussed at the monthly department head meeting. Chairman Halpin explained that it had not been addressed there. Legislator Compton feels the process they have now is good and suggested the Deputies attend a committee meeting once in a while. Chairman Halpin stated that the original set up is not working well.
Motion by Legislator Franzese to withdraw the above resolution, Second by Legislator Compton. Motion carried seven ayes to zero noes. Legislator Thurston wanted it known that it would be discussed at a later date. RESOLUTION NO. 103 Motion by Thurston, Second by Fitzsimmons.
RE: SET TAX SALE AUCTION DATE AND AUTHORIZE CONTRACT WITH AUCTIONEER
WHEREAS, it is necessary to have an auction prior to the annual fall auction for parcels that have defaulted on their installment agreements for past due real estate taxes.
NOW, THEREFORE, BE IT RESOLVED, that a tax sale auction be set for April 26, 1997 and September 20, 1997, both at 10:00 a.m. in the County Court House, 105 Ninth Street, Watkins Glen, New York, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to sign an agreement with Matson Auction and Real Estate for auctioneer services for the year 1997; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 104 Motion by Hastings, Second by Fitzsimmons.
RE: APPOINTMENTS - FISH AND WILDLIFE MANAGEMENT BOARD
BE IT RESOLVED, that this Legislature approve Chairman Halpin's appointment of the following individuals to the Fish and Wildlife Management Board for the respective terms, to wit:
David Reed Landowner 1/1/97-12/31/98
Robert Chadeayne Landowner Alternate 1/1/97-12/31/97
Wayne Dimmick Sportsman 1/1/97-12/31/97
Robert Fitzsimmons Legislator 1/1/97-12/31/97
VOTE: Passed 7-0.
RESOLUTION NO. 105 Motion by Hastings, Second by Fitzsimmons.
RE: DECLARE EQUIPMENT SURPLUS - REAL PROPERTY TAX AGENCY
WHEREAS, the Real Property Tax Agency has entered into the county-wide copier program and no longer has use for the Sharp SF8300 copier in that office.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to County Law Section 215 this Legislature authorizes the Real Property Tax Office to declare the following equipment surplus and have this equipment disposed of by the Buildings and Grounds Department as required by law:
Sharp SF8300 Copier #000026600699
VOTE: Passed 7-0.
RESOLUTION NO. 106 - TABLED
RE: STREAMLINING DELIVERY FOR HEALTH SERVICES - TABLED
WHEREAS, the need for cooperative and collaborative efforts among rural providers has become increasingly important to ensure consumer access to essential services, to preserve the stability and financial viability of rural providers, and to network health services with our local hospital and increase and strengthen cooperation through a partnership, and
WHEREAS, this Schuyler County Legislature, in their limited knowledge and ability to access those numbers necessary to develop a sound program that will benefit our rural health care system, hired the Center for Governmental Research (CGR) to help streamline the Schuyler County Health Care programs.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature, in reviewing the facts and professional judgement of the CGR report, will accept the recommendations of policy actions in organizational change and as of April 1, 1997 will engage in removing all aide functions from the County CHHA and enable Schuyler Hospital to accept this role generating additional support and aid for the Hospital. In cost saving implications, this Legislature will eliminate two full-time Registered Professional Nurses and hire one .5 per diem Registered Professional Nurse and one full-time Public Health Nurse.
DISCUSSION: Legislator Franzese made a statement for the record, "An emergency Resolution is one which concerns any matter where delay in consideration thereof would adversely affect the interests of the county, the Legislature, or any department, office or agency or the public. This definition was set to prevent quick decisions being forced onto legislators. Last month Mrs. Hastings withdrew a resolution pertaining to layoffs due to her study on nurse coverage being incomplete. As a legislator I have been awaiting an opportunity to see those figures. Also, last month Mrs. Hastings, Health Services Chairman, presented us with a study from Yates County which indicated that 'if Yates County eliminates home care, there will be a greater deficit in the Public Health budget and the county will likely be required to fund uncompensated care for its residents'. I do not take our health care services that we provide lightly. Keeping our citizens at home is important to me. Money is not the only consideration. I object to being forced into making such an important and irreversible decision tonight under emergency pretense with no opportunity for study or discussion as a board. This decision affecting our health care is one that can not easily be reversed. I support Schuyler Hospital, but they need to give us more time to legally accomplish this. They are not aware of what this Legislature knows, please understand that. Ethically, I can not ignore our legal advise from our Attorneys. I will not place our county in a position which could cost our taxpayers many more dollars than it is intended to save. I move that this be tabled for study".
Motion by Legislator Franzese to table this resolution, Second by Legislator Fitzsimmons. Motion carried five ayes to two noes. Noes: Hastings, Halpin.
Legislator Fitzsimmons wanted to hear more from the public and the legislators on this issue. Legislator Thurston stated that he is not ready to pass this resolution. Legislator Fitzsimmons said that he was approached by the public on this resolution and he knew nothing about it. There are too many unanswered questions at this moment. He agreed to use per-diems from the hospital for aide services to meet their deadline of April 1, 1997 and go over other concerns later. Legislator Burnside is concerned about the number of phone calls he received on the issue. The public is under the impression that we were going to pull the rug out from underneath them as far as health care is concerned. Legislator Hastings stated that this has been a four year project and the State of New York is also affecting the County. The County has created a Task Force to study the issue and the Falls Home is now a licensed agency that we might utilize. The County has to make a choice. Chairman Halpin stated that back in 1992 the County asked the Hospital to become a licensed agency and since then they have waited on us to call them, which has only been once in a while. There is no reason to believe that this will not save the County money. Yates County has made a lot of changes in their Health Care Services that they are very comfortable with and they had some similar issues to ours. Barbara Chapman has stated that they could expand and hire County employees, however, right now they are fully staffed to meet their needs. She was comfortable on voting yes tonight on this resolution and help the Hospital meet their deadline if they have one. Chairman Halpin agreed that these questions need to be answered. Legislator Thurston stated that a Public Health Committee meeting is scheduled for March 21st and the questions could be answered then. Legislator Franzese said that there is a lot to consider including the HMO issue. She suggests that the Labor Counsel be present for discussion. Legislator Thurston asked Bob Swinnerton if there is a deadline. Bob answered no, they can hold. Legislator Thurston asked that this be put on the Health Services Committee agenda for next Friday. Bob stated that he would like to see this relationship work. He suggested that the questions be submitted to him before the meeting so he can prepare ahead of time.
Legislator Fitzsimmons stated some questions that he would like answered. Legislator Franzese suggested a Special Meeting of the Legislature to discuss the issue and invite all of the hospital representatives. Chairman Halpin scheduled a Special Meeting of the Legislature for Monday, March 24, 1997 at 4:00 p.m. to meet with the Hospital.
RESOLUTION NO. 107 Motion by Hastings, Second by Fitzsimmons.
RE: DECLARE WEEDHARVESTER EQUIPMENT SURPLUS
BE IT RESOLVED, that pursuant to County Law Section 215 this Legislature hereby declares (2) weedharvesters, (1) shore conveyor and trailer surplus and authorizes said equipment be disposed of by the Buildings and Grounds Department as required by law and return the sale proceeds to the Soil & Water Conservation District for environmental purposes.
VOTE: Passed 7-0.
REPORT ON STANDING COMMITTEES: Legislator Burnside made it known that at the next full Legislature meeting they will discuss the security issue. He also encouraged everyone to look at the new Treasurer's office.
Legislator Hastings reported that the Youth Bureau is applying for some grants that will help families with learning disabilities and they are hopeful about receiving it. She also reported that they have received letters from the Commissioners from NYS Department of Health and Mental Health on how well their plan looks. They hope to complete the process in the next 20 to 25 days. She thanked both departments for their cooperation. She also noted that she has received calls from Odessa on what a great job the Mobile Work Crew has done there.
Chairman Halpin stated that she is a representative of the Finger Lakes Association (FLA) and they sponsored a resolution at their last meeting in support of the HUD Canal monies. FLA joined forces with the City of Geneva for their application and are moving their headquarters there. She voiced her concerns about the move and abstained from voting on the resolution. She also wanted the Legislature to know that there would be a "Managing Local Government in Tough Times" program coming up and she encourages their attendance.
PUBLIC PARTICIPATION: David Wood stated that he appreciated the Legislature's vote to table Resolution No. 106. He also could not understand how the Legislature could still go against the contract. He also informed the Legislature that the union will file an improper practice charge if they go ahead with contracting out cleaning for the new Mental Health building. Chairman Halpin explained that management is considered to have certain rights and they feel that their role is to take certain steps and to follow the process. Everyone will be notified about what is done. Lory Peck stated that they should give the Public Health Department a chance to get things back in shape, there should not be a time line. Tom Ryan was glad to see the resolution tabled also. He agrees to contracting out, but only on a year-to-year basis and make the hospital be held responsible, not the County.
Patty Bilinski wanted to thank the legislature for reconsidering the resolution on the Management/Confidential Employees.
Motion by Fitzsimmons to go into executive session to discuss an employee's performance, Second by Thurston. Motion carried seven ayes to zero noes.
Motion by Burnside to come out of executive session, Second by Compton. Motion carried seven ayes to zero noes.
The meeting adjourned at 10:25 p.m.
Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk
The March 24, 1997 Special Meeting of the Schuyler County Legislature was called to order by Chairman Halpin at 3:30 p.m. The Pledge of Allegiance was led by Legislator Thurston and followed by a Moment of Silence. Roll Call: All Legislators were present except Legislators Young and Compton. County Attorney Coleman was also present.
PUBLIC PARTICIPATION: None.
RESOLUTION NO. 108 Motion by Burnside, Second by Fitzsimmons.
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. Accept/Reject Bids for Abstracting Services for 1997 Tax Sale Auction Properties
2. Accept/Reject Bids for Navigation Patrol Boat - Sheriff's Department
VOTE: Passed 6-0.
BID OPENING FOR ABSTRACTING SERVICES: The Clerk opened and publicly read aloud the three bids received for 1997 Abstracting Services. The County Attorney was asked to review the lowest bid received from Glen Abstract Corporation to insure it met the bid specifications and that acceptance of the bid be subject to his review. This language was added to the resolution. Legislator Franzese also requested that language be added to the resolution to allow the second lowest bid to be accepted should there be a legal concern with the bid from Glen Abstract Corporation. The sponsors of the resolution agreed to allow this language to be added to the resolution.
RESOLUTION NO. 109 Motion by Fitzsimmons, Second by Burnside.
RE: ACCEPT/REJECT BIDS - ABSTRACTING SERVICES FOR 1997 TAX SALE AUCTION PROPERTIES
WHEREAS, Resolution No. 54 authorized the advertising for bids for Abstracting Services for 1997 Tax Sale Auction Properties.
NOW, THEREFORE, BE IT RESOLVED, pending the approval of the Schuyler County Attorney, the Schuyler County Legislature hereby accept the following bid:
Glen Abstract Corporation $35.00 per search, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
Finger Lakes Abstract Corporation $40.00 per search
Monroe Title Corporation $50.00 per search, and
BE IT FURTHER RESOLVED, if for any reason the County Attorney determines there is a problem with accepting the low bid as aforementioned, then this authorization shall include the authority to accept the next lowest bidder pending County Attorney approval. Copies of bids available for inspection at the Schuyler County Legislative Office.
VOTE: Passed 6-0.
RESOLUTION NO. 110 Motion by Fitzsimmons, Second by Burnside.
RE: ACCEPT/REJECT BIDS - NAVIGATION PATROL BOAT - SHERIFF'S DEPARTMENT
WHEREAS, the Schuyler County Legislature has received bids for a patrol boat for the Schuyler County Sheriff's Department, and
WHEREAS, such bids were opened and read on February 21, 1997, and
WHEREAS, the lowest bid received in the amount of $29,828.00 from East Bluff Harbor Marine does not meet the specifications as outlined in the bid documents.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the second lowest bid from OMC Fishing Group in the amount of $33,421.00 for the patrol boat and reject all other bids, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to increase the navigation account no. 3111 by $2,052 and the navigation revenue account by $2,052, and
BE IT FURTHER RESOLVED, that it is acknowledged that 60% of the $3,421 or $2,052, will be reimbursed by the State of New York and since patrol boats are used for security and surveillance on criminal investigations that $1,369 be charged to Sheriff's seized asset account no. 3121.
VOTE: Passed 6-0.
PUBLIC PARTICIPATION: None.
The meeting adjourned at 3:56 p.m.
Gail M. Willis, Clerk
The April 14, 1997 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Halpin at 6:30 p.m. The Pledge of Allegiance was led by Legislator Franzese and followed by a Moment of Silence. Roll Call: All Legislators were present except Legislator Young. County Attorney Coleman was also present.
PUBLIC PARTICIPATION: Mike Myers asked if the County was having a public hearing on the Salt Brineline Proposal. Chairman Halpin explained that the county has asked that the Federal Energy Regulatory Commission (FERC) grant an extension so that they may hold meetings to discuss the issue.
RESOLUTION NO. 111 Motion by Burnside, Second by Fitzsimmons.
RE: AUTHORIZE LETTER OF INTENT FOR SHARED FUEL FACILITY
WHEREAS, the Village of Watkins Glen, Watkins Glen Central School, Schuyler Arc and the County are looking at a plan to create a shared fueling facility for the purpose of supplying the needs of all involved parties, and
WHEREAS, the school district and the Village are required by EPA regulations to replace their present vehicle fueling facilities by December of 1998 and the county is also required to make improvements, and
WHEREAS, the construction of a shared fuel facility will be less costly than three smaller facilities, require less land, operate more efficiently and allow economical purchasing of fuel through the state contract system, and
WHEREAS, all parties need to execute a Letter of Intent to confirm agreement in concept and desire to proceed.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a Letter of Intent for a Shared Fueling Facility as described above and as drafted by the County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 112 Motion by Burnside, Second by Fitzsimmons.
RE: AUTHORIZE ADVERTISEMENT FOR THE REHABILITATION OF COUNTY ROAD 28 BRIDGE, BIN #3332680 CROSSING BIG HOLLOW RUN, TOWN OF READING
WHEREAS, the 1997 Schuyler County Highway budget has monies appropriated for the rehabilitation of the County Road 28 Bridge, and
WHEREAS, the Public Works Committee at its March 17, 1997 meeting recommended the County Highway Superintendent advertise for this project.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent be, and hereby is, authorized to advertise for bids for the rehabilitation of County Road 28 Bridge, BIN #3332680, Town of Reading. Bids are to be opened at the May 19, 1997 Public Works Committee meeting, with the County reserving the right to accept or reject any and all bids.
VOTE: Passed 7-0.
RESOLUTION NO. 113 Motion by Burnside, Second by Fitzsimmons.
RE: AUTHORIZE ADVERTISING FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FROM 7/1/97 - 6/30/98
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 7/1/97 through 6/30/98, 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 Friday, May 30, 1997. The bids will be opened at the Management and Finance Committee meeting Monday, June 2, 1997, at 9:00 a.m., at which time recommendation for legislative action will be made; acceptance or rejection of bids will be done at the June 9, 1997 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids.
VOTE: Passed 7-0.
RESOLUTION NO. 114 Motion by Fitzsimmons, Second by Burnside.
RE: CONTRACT - FREED MAXICK SACHS & MURPHY, P.C. - 1996 HOME HEALTH AGENCY COST REPORTS
BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to execute a contract with Freed Maxick Sachs & Murphy, P.C., to complete the 1996 Medicare Cost Report, and to prepare and certify the 1996 Medicaid Cost Report at a cost not to exceed $5,950; this contract is subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 115 Motion by Fitzsimmons, Second by Burnside.
RE: FINGER LAKES ALCOHOLISM COUNSELING AND REFERRAL AGENCY, INC. (FLACRA) 1997 AGREEMENT - MENTAL HEALTH
BE IT RESOLVED, that the Chairman of the Legislature and the Director of Community Services are hereby authorized to execute an agreement with Finger Lakes Alcoholism Counseling and Referral Agency, Inc. for the year 1997, in an amount not to exceed $101,742.00, for alcoholism treatment services in Schuyler and Yates Counties, subject to approval by the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that this Legislature authorizes the Schuyler County Treasurer to amend the 1997 county budget to increase revenues and appropriations in the amount of $7,867.00 to account nos. 4322-3490 and 4322.0336, respectively.
VOTE: Passed 7-0.
RESOLUTION NO. 116 Motion by Fitzsimmons, Second by Burnside.
RE: INCREASE APPROPRIATIONS - SCHUYLER ARC - MENTAL HEALTH
WHEREAS, additional State Aid has been approved for Schuyler Arc for 1997 in the amount of $2,000.00.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the agreement and increased appropriation of $2,000 to account nos. 4322-3490 and 4322.504. It is understood that no additional county monies will be involved in this transaction.
VOTE: Passed 7-0.
RESOLUTION NO. 117 Motion by Fitzsimmons, Second by Hastings.
RE: CONTRACT WITH AFFILIATED PSYCHOLOGICAL CONSULTANTS, P.C. - MENTAL HEALTH
WHEREAS, terms of the contract with Affiliated Psychological Consultants, P.C. have changed in hourly rate from $55.00 to $60.00 per hour.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and Director of Community Services are hereby authorized to execute an agreement with Affiliated Psychological Consultants, P.C. for the year 1997, in an amount not to exceed $21,000.00, for psychological services in Schuyler County, subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 118 Motion by Fitzsimmons, Second by Hastings.
RE: APPOINTMENTS - COMMUNITY SERVICES BOARD - MENTAL HEALTH
WHEREAS, vacancies exist on the Community Services Board.
NOW, THEREFORE, BE IT RESOLVED, that the following individual be appointed to the Community Services Board for the term expiring as indicated:
Michael Gehl December 31, 2000
VOTE: Passed 6-1. No: Compton
RESOLUTION NO. 119 Motion by Fitzsimmons, Second by Hastings.
RE: APPOINTMENTS - MENTAL HEALTH SUBCOMMITTEE - MENTAL HEALTH
WHEREAS, vacancies exist on the Mental Health Subcommittee.
NOW, THEREFORE, BE IT RESOLVED, that the following individual be appointed to the Mental Health Subcommittee for the therm expiring as indicated:
Laura Masin December 31, 2000
VOTE: Passed 7-0.
RESOLUTION NO. 120 Motion by Thurston, Second by Fitzsimmons.
RE: DECLARE ITEMS SURPLUS - SOCIAL SERVICES
BE IT RESOLVED, pursuant to County Law Section 215, this County Legislature hereby declare as surplus the following items from Social Services and authorize the same be disposed of by the Buildings and Grounds Department as required by law:
Fixed Asset No. Item
6010.01.11 Adler 310 Typewriter
6010.01.06 Typewriter
6010.01.07 Typewriter
6010.06.50 Desk (Y&E)
6010.06.98 Chair - rolling
6010.06.98 Chair - rolling
6010.199.01 Camm SureShot Camera
6010.03.08 IBM PC System
6010.27.01 3M Microfilm Processor/Developer
6010.25.01 3M Microfilm Camera
6010.184.05 3M Workstation
6010.44.01 Shredder
6010.08.35 Metal Bookcase (Beige)
6010.03.04 AB Dick Mineo Machine
6010.128.01 Car Seat
6010.128.02 Car Seat
6010.128.03 Car Seat
VOTE: Passed 7-0.
RESOLUTION NO. 121 Motion by Thurston, Second by Fitzsimmons.
RE: AUTHORIZE PURCHASE OF PRINTER/TRANSFER FUNDS - PURCHASING
WHEREAS, the Treasurer and Purchasing Departments do not have access to a printer other than in the Legislative Office, and
WHEREAS, the Purchasing Department has procured printer material relative to the functions of the Purchasing Department at substantial savings, thus leaving a surplus of $440.00 in the Purchasing Department's printing account.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to create a line item for a printer in the Purchasing Department's budget and transfer $400.00 from account no. 1660.434 to the appropriate printer line item.
VOTE: Passed 7-0.
RESOLUTION NO. 122 Motion by Franzese, Second by Fitzsimmons.
RE: RE-AFFIRM COMMITMENT OF SCHUYLER COUNTY TO REDEC
WHEREAS, Schuyler County supports the Regional Economic Development and Energy Corporation's (REDEC) revolving loan fund through the United States Department of Agricultural Rural Community and Economic Development Program, and
WHEREAS, REDEC has requested Schuyler County budget monies in their 1998 budget to provide local match funding for this program.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby reaffirm its continued support of the REDEC revolving loan fund and will provide $10,000 matching local funds in the 1998 Budget.
VOTE: Passed 6-0. Abstain: Fitzsimmons.
RESOLUTION NO. 123 Motion by Franzese, Second by Fitzsimmons.
RE: APPOINTMENT OF LABOR/MANAGEMENT COMMITTEE
WHEREAS, per the CSEA Administrative Unit Contract, the parties are authorized to establish a labor-management committee to foster and continue harmonious labor relations by discussing issues of mutual concern in an attempt to reach informal resolution, and
WHEREAS, the union president has requested a labor-management committee be formed to meet on a regular basis to discuss county-wide issues.
NOW, THEREFORE, BE IT RESOLVED, that the Legislative representatives on said committee will be as follows:
BE IT FURTHER RESOLVED, that the union will appoint up to three representatives to serve on said committee.
VOTE: Passed 7-0.
RESOLUTION NO. 124 Motion by Franzese, Second by Fitzsimmons.
RE: PROCLAIM APRIL 13-19, 1997 AS "VOLUNTEER WEEK"
WHEREAS, the citizens of Schuyler County have, through selfless dedication, given of themselves for the betterment of this community, and
WHEREAS, these citizens serve, through countless hours of volunteering, the agencies and institutions of Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby proclaim April 13,-19, 1997 as "Volunteer Week" in Schuyler County, and
BE IT FURTHER RESOLVED, the Legislature further hopes that these dedicated volunteers continue to enrich our lives, through their most excellent example; their warmth, commitment and generosity, being an inspiration to us all. To each of them we express the thanks of a grateful citizenry.
VOTE: Passed 7-0.
RESOLUTION NO. 125 Motion by Fitzsimmons, Second by Thurston.
RE: DECLARE ITEMS SURPLUS - TREASURER'S DEPARTMENT
BE IT RESOLVED, pursuant to County Law Section 215, this County Legislature hereby declare as surplus the following items from the Treasurer's Office and authorize the same be disposed of by the Buildings and Grounds Department as required by law:
Adler-Royal Calculators - Model #120PD+ - Serial No. 44879638
- Model #1228PD - Serial No. 78339692
- Model #1228PD - Serial No. 44787080
- Model #1228PD - Serial No. 44758288
Okidata Printers - Serial #269057
- Serial #607A-1064916
VOTE: Passed 7-0.
RESOLUTION NO. 126 Motion by Fitzsimmons, Second by Thurston.
RE: AMEND BUDGET - BUILDINGS AND GROUNDS FOR SOUND SYSTEM FOR COURT ROOM
WHEREAS, the Public Works Committee has approved the installation of a sound system for the Court Room, and
WHEREAS, the Building Maintenance Supervisor is in receipt of a letter from the Office of Court Administration will reimburse the County $2,738.00 for the microphones and stands with the balance of $1,796.30 to be funded from the Buildings and Grounds 1997 budget.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to increase the budget for Buildings and Grounds by the amount of the state reimbursement as follows:
Increase Appropriation Account No. 1620.200 $2,738.00
Increase Revenue Account No. 1620-3021 $2,738.00
VOTE: Passed 7-0.
RESOLUTION NO. 127 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZE PURCHASE OF UPS/TRANSFER OF FUNDS - TREASURER'S OFFICE
WHEREAS, the UPS which supports the Data General Aviion 4300 computer system in the Treasurer's Office would not power up after moving, and
WHEREAS, it would be advantageous to replace the unit due to the cost to repair and the improvements available in the new UPS's (i.e. safe system shutdown during power outages and brownouts).
NOW, THEREFORE, BE IT RESOLVED, that the Treasurer is hereby authorized to replace the UPS for the Data General Aviion which runs the County financial system at an estimated cost of $811. The funding to come from 1680.426, Maintenance of Equipment.
VOTE: Passed 7-0.
RESOLUTION NO. 128 Motion by Franzese, Second by Fitzsimmons.
RE: AMEND POLICIES AND PROCEDURES FOR HANDLING UNION CONTRACT INQUIRIES - RESCINDED JUNE 9, 1997
WHEREAS, it is the recommendation of the Management and Finance Committee that there be a formal policy setting the procedure for handling union contract inquiries.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Policies and Procedures be amended by the addition of the following policy:
Any and all questions or requests for clarification relative to the Administrative, Highway or Deputy Sheriff union contracts are to be referred to the Clerk of the Legislature. The Clerk will advise the Legislature of the inquiry and confer with the Personnel Director and any other appropriate source to resolve the question. Formal documentation of the results will be made for future reference.
VOTE: Passed 7-0.
RESOLUTION NO. 129 Motion by Franzese, Second by Fitzsimmons.
RE: ONE-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the following individuals for the year 1997 to the following committee and commission, to wit:
VOTE: Passed 7-0.
RESOLUTION NO. 130 Motion by Franzese, Second by Fitzsimmons.
RE: TWO-YEAR APPOINTMENTS
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of the following individuals for the term effective immediately and terminating December 31, 1998 to the following boards, to wit:
VOTE: Passed 7-0.
RESOLUTION NO. 131 Motion by Franzese, Second by Burnside.
RE: RESOLUTION REQUESTING STATE AND FEDERAL GOVERNMENTS RE-DESIGNATE NEW YORK STATE ROUTE 17 AS INTERSTATE HIGHWAY 86 PURSUANT TO SECTION 153 OF THE COUNTY LAW
WHEREAS, Schuyler County is desirous of promoting economic development and tourism in Schuyler County and the surrounding Southern Tier of New York State, and
WHEREAS, numerous studies have shown that travelers, industries and other commercial enterprises desire to locate on or near federally designated interstate highways, and
WHEREAS, New York State Route 17 is a limited access expressway bearing only a state designation as a highway, and
WHEREAS, New York State Route 17 and its corresponding Pennsylvania Route 17 intersect with I-90 in Erie, Pennsylvania, I-390 near Bath, New York, I-81 and I-88 in Binghamton, New York, I-84 near Middletown, New York and I-87 in Harriman, New York, and
WHEREAS, there is no east-west interstate highway traversing the entire state in the southern tier of New York State, and
WHEREAS, as New York State Route 17 passes through neighboring Chemung County it has several at-grade intersections including those in Horseheads, New York an area that has recently been the site of significant economic development and also includes sites which have been the location of innumerable accidents and fatalities, and
WHEREAS, an interstate highway designation for New York State Route 17 would necessitate the elimination of these at-grade intersections saving loss of life and property, and
WHEREAS, an interstate highway designation for New York State Route 17 will help promote industry, tourism and economic growth in and around Schuyler County.
NOW, THEREFORE BE IT RESOLVED, that the State of New York and the United States Department of Transportation conduct any necessary studies and make any necessary upgrades to the entire length of such highway to meet Federal Interstate guidelines, and
BE IT FURTHER RESOLVED, that New York State Route 17 be re-designated in such a manner as was followed by the Untied States Congress for I-99 in the Commonwealth of Pennsylvania, and
BE IT FURTHER RESOLVED, that the portion of New York State Route 17 now known as the Southern Tier Expressway and so known with signage reflecting the Native American be retained after re-designation of the route number to I-86, and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature is hereby authorized and directed to forward certified copies of this resolution to the Supervisors and Mayors in the Towns and Villages in Schuyler County, Chemung County Legislature and Executive, Steuben County Legislature and Administrator, Governor George Pataki, Senator John R. Kuhl, Jr., Assemblyman James Bacalles, Congressman Amory Houghton, Jr., Senators Alfonse D'Amato and Daniel Patrick Moynihan, New York State Association of Counties, County Legislators and Supervisors Association, New York Association of Towns, and New York State Department of Transportation (Hornell and Albany offices).
VOTE: Passed 6-1. No: Fitzsimmons.
RESOLUTION NO. 132 Motion by Franzese, Second by Burnside.
RE: APPROVE APPLICATION FOR CORRECTION/REFUND OF TAXES - ALLEN - TOWN OF TYRONE 1995-97 LEVY
WHEREAS, the Real Property Tax Agency has received applications for correction and refund of taxes for 1997 and for a portion of the taxes for 1995 and 1996 for tax map number 18.-1-9 in the Town of Tyrone for property which was presumed to be owned by James L. Allen, due to a clerical error, RPTL Section 550 (2) f, and
WHEREAS, it is the recommendation of the Real Property Tax Assistant and the Governmental Operations Committee that said applications 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 applications, and
BE IT FURTHER RESOLVED, that the County Treasurer refund the amount of $225.70, and charge back to the Hammondsport Central School District $97.18, and $36.80 to the Town of Tyrone.
Amount Assessment Reduced 1995 $1,600.00
1996 1,600.00
1997 1,000.00
Hammondsport Central School Taxes 1994-95 41.58
1995-96 43.53
1996-97 12.07
TOTAL Hammondsport Central School $ 97.18
Town of Tyrone Chargeback 1995 15.49
1996 16.29
1997 4.02
TOTAL Town of Tyrone $ 35.80
County Share 1995 39.01
1996 41.06
1997 11.65
TOTAL County $ 91.72
VOTE: Passed 7-0.
RESOLUTION NO. 133 Motion by Burnside, Second by Franzese.
RE: DECLARE EQUIPMENT SURPLUS - REAL PROPERTY TAX AGENCY
WHEREAS, the Real Property Tax service annually microfilms the Schuyler County tax map sets, and no longer has use for the 1993, 1994 and 1995 tax maps sets.
BE IT RESOLVED, pursuant to County Law Section 215, this County Legislature hereby declare as surplus the following items from the Real Property Tax Office and authorize the Real Property Tax Office dispose of the same by advertising for sealed bids with a minimum bid per set as set forth:
1993 MAP SET - $100.00 1994 MAP SET - $150.00 1995 MAP SET - $200.00
VOTE: Passed 7-0.
RESOLUTION NO. 134 Motion by Burnside, Second by Franzese.
RE: ESTABLISH NEW FEE SCHEDULE FOR THE REAL PROPERTY TAX SERVICE OFFICE
WHEREAS, the cost of reproducing tax maps, print-outs, and other reports, have been constantly increasing, and
WHEREAS, these increased costs should be borne by those who utilize these services and not the County taxpayers as a whole.
NOW, THEREFORE, BE IT RESOLVED, that the following revised fee schedule, for work performed by the Real Property Tax Service Office, shall take effect May 1, 1997.
Large Tax Maps from Mylar Original $ 5.00
Town Map - Composite & Reduced Size 5.00
County Map 2.50
Blueprint Machine Copy Costs: 30" x 42" 5.00
24" x 36" 4.00
17" x 22" 3.00
Photocopy Machine Copy Costs: 11" x 17" .50
8.5" x 14" .25
8.5" x 11" .25
Computerized Data Retrieved through Existing Programs
and Printed on Stock Paper (Minimum Charge $20.00) .25/page
Computerized Data Retrieved through Existing Programs
and Copied to 3.5" Diskettes (Minimum Charge $20.00) 10.00/diskette
These fees do not apply to work performed for Departments within the county which are covered by prior arrangement.
VOTE: Passed 7-0.
RESOLUTION NO. 135 Motion by Fitzsimmons, Second by Franzese.
RE: APPROVE APPLICATION FOR CORRECTION OF TAXES - FROST - TOWN OF ORANGE
WHEREAS, the Real Property Tax Service has received an application for correction for tax map number 101.-1-36 in the Town of Orange due to a clerical error, pursuant to Real Property Tax Law 550(2)(c),and
WHEREAS, it is the recommendation of the Real Property Tax Assistant and the Governmental Operations Committee that the applications be approved.
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 1997 tax warrant for the Town of Orange be reduced by $350.20 the amount of the omitted exemption. The Corning-Painted Post School District has corrected their roll.
Assessment $ 44,350
Agriculture Bldg. Exemption 10,400
Assessment for Town and County Purposes $ 33,950
Original Corrected Difference
County Tax $ 929.90 $ 711.84 $ 218.06
Town Tax 563.48 431.34 132.14
Orange Fire District 97.96 97.96 0.00
TOTAL $ 1,591.34 $ 1,241.14 $ 350.20
VOTE: Passed 7-0.
RESOLUTION NO. 136 Motion by Fitzsimmons, Second by Franzese.
RE: AUTHORIZE AGREEMENT WITH TRANSAMERICA REAL ESTATE TAX SERVICE - REAL PROPERTY TAX SERVICE
WHEREAS, TransAmerica Real Estate Service has offered to pay $1,000 annually for a standardized extract within the statewide RPS system known as the RPS Tax Bill Extract, or RPS155D1. The data contained in this file which is produced for the bill printing process, allows TransAmerica to beneficially impact municipalities by becoming more accurate and efficient without requiring direct contact with tax collectors and assessors during their busiest times of the year, and
WHEREAS, TransAmerica only uses this data to positively impact the collector/servicer/lender/homeowner relationship and files are never related nor sold to any other entity.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign the aforementioned agreement, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 137 Motion by Fitzsimmons, Second by Franzese.
RE: DESIGNATE THE WEEK OF MAY 18-24, 1997 AS EMERGENCY MEDICAL SERVICES WEEK - EMERGENCY MANAGEMENT
WHEREAS, Emergency Medical Services is a vital public service, and
WHEREAS, the members of emergency medicals services team are ready to provide lifesaving care to those in need 24 hours a day, 7 days a week, and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury, and
WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system, and
WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, certified first responders, firefighters, educators, administrators, and other, and
WHEREAS, approximately two-thirds of all emergency medical services providers are volunteer, and
WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills, and
WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals, and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designated Emergency Medical Services Week, and
WHEREAS, injury prevention and the appropriate use of the EMS System will help reduce national health care costs.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby proclaims the week of May 18-24, 1997 as Emergency Medical Services Week and encourages the community to observe this week with appropriate programs, ceremonies and activities.
VOTE: Passed 7-0.
RESOLUTION NO. 138 Motion by Hastings, Second by Thurston.
RE: INTRODUCTION OF LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. OF THE YEAR 1997 PURSUANT TO SECTION 257-C EXECUTIVE LAW AUTHORIZING SCHUYLER COUNTY PROBATION DEPARTMENT TO COLLECT DWI ADMINISTRATIVE FEES
WHEREAS, Section 257-C of the Executive Law permits counties to adopt a local law authorizing a probation department to collect DWI Administrative fees of up to $30/month, with said fee being based upon a probationer's ability to pay the fee and with the fee being set by the Probation Department with part or all of the fee being waived if the probationer is found indigent, with fees collected being retained and utilized for local probation services and shall not be considered by the State Division of Probation when determining state aid reimbursement pursuant to Section 246 o the Executive Law, and
WHEREAS, Schuyler County believes it appropriate to enact such Local Law.
NOW, THEREFORE, BE IT RESOLVED, that proposed Local Law Intro. No. 2/Local Law No. of the year 1997 in the form annexed be, and hereby is, introduced pursuant to the municipal home rule law, and
BE IT FURTHER RESOLVED, that this Legislature shall hold a public hearing upon said proposed Local Law on May 12, 1997 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
A Local Law In Relation to the Collection of Fees by the County Probation Department Pursuant to Section 257-c of the Executive Law.
Section 1. LEGISLATIVE INTENT
This Local Law is enacted for the purpose of implementing the provisions of Section 257-c of the Executive Law of the State of New York authorizing a county to require individuals sentenced to a period of probation upon conviction of any crime under Article 31 of the Vehicle & Traffic Law, after the effective date of this Local Law, to pay an administrative fee to the County Probation Department.
Section 2. PROBATION ADMINISTRATIVE FEE
(a) Every person who shall be sentenced to a period of probation upon conviction of any crime under Article 31 of the Vehicle & Traffic Law, and who is subject to supervision by the Department, shall pay to the Department an administrative fee of not less than $10.00 per month nor more than $30.00 per month, depending upon household size and taxable income in accordance with the Fee Schedule which is on file in the Legislative Office.
(b) In accordance with Section 257-c of the Executive Law, the Department may waive all or part of such fee where, because of the indigence of the offender, the payment of such fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent of such person for financial support.
(c) Monies collected pursuant to this Section shall be deposited by the Department with the County Treasurer and shall be utilized for probation services by the Department.
(d) The Probation Department shall determine the administrative fee upon review of the household and financial data in such form and manner as the Director of Probation shall determine. Changes in either household compensation or financial status may result in revision of fees.
Section 3. COLLECTION
Section 420.10, Subdivision 6, of the Criminal Procedure Law shall govern the collection of these administrative fees; but payment of the administrative fees which this section imposes shall not constitute a condition of any probation sentence. These fees shall apply to youthful offender probation.
Section 4. AGREEMENT
Every person liable to pay a fee hereunder shall execute a Payment Notification and Agreement in such form as the Division of Probation shall prescribe.
Section 5. RULES AND REGULATIONS
The Director of Probation is empowered to adopt rules, regulations and procedures necessary to implement this Local Law.
Section 6. AMENDMENT OF FEES
In the event the fees specified in Section 257-c of the Executive Law are amended by State legislation, the County Legislature may, by resolution, amend the amount of the fees prescribed herein in accordance with such State legislation.
Section 7. AID AND REIMBURSEMENT
All fees collected hereunder shall be excluded from consideration by the Division of Probation when it determines state aid reimbursement pursuant to Section 246 of the Executive Law.
Section 8. SEPARABILITY
If any clause, sentence, paragraph, subdivision, section or part of this Local Law shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law directly involved in the controversy in which such judgment shall have been rendered.
Section 9. EFFECTIVE DATE
This Local Law shall take effect immediately upon the filing with the Secretary of State.
VOTE: Passed 7-0.
RESOLUTION NO. 139 Motion by Hastings, Second by Thurston.
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 $2,000.00 for negotiations of the Deputy Sheriff's Unit contract, subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $2,000.00 from Contingency account no. 1990.5 to Legislative account no. 1010.435 to cover the cost thereof.
VOTE: Passed 7-0.
RESOLUTION NO. 140 Motion by Hastings, Second by Thurston.
RE: AUTHORIZE CHAIRMAN TO SIGN AGREEMENT IN SETTLEMENT OF DISCIPLINARY CHARGES
BE IT RESOLVED, that the Schuyler County Legislature accepts execution of the Release and Waiver of All Rights and Agreement in Settlement of the Disciplinary matter referenced in the Voluntary Stipulation, and the terms set forth in the settlement agreement in full resolution of this matter, and
BE IT FURTHER RESOLVED, that the Chairman of this Legislature be, and hereby is, authorized to sign the Release and Waiver of All Rights and Agreement in Settlement of Disciplinary Charges relative to this matter, as approved by Labor Counsel.
VOTE: Passed 7-0.
RESOLUTION NO. 141 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BIDS FOR BITUMINOUS CONCRETE ASPHALT
WHEREAS, Resolution No.46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:
ALL BIDS ACCEPTED
Dalrymple Gravel & Contracting Co. Genesee LeRoy Stone Corporation
2105 S. Broadway 6896 Ellicott Street
Pine City, NY 14871 Pavilion, NY 14525
Seneca Stone Corporation Benchmark New York
2105 S. Broadway P.O. Box 513
Pine City, NY 14871 Jamesville, NY 13078
R & L Perry Construction, Inc.
2419 Jennings Road
Watkins Glen, NY 14891 PAVER ONLY SB-17 & SB-170
Copies of these bids are available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 142 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BIDS FOR ASPHALT EMULSION - AS AMENDED
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:
ALL BIDS ACCEPTED
Central Asphalt, Div. Of Suit-Kote Corp.
20 Fairground Lane
Watkins Glen, NY 14891 Items 2,3,4,6,7,8,14 & Authorization to sell to Schuyler County Municipalities.
A.L. Blades & Sons, Inc.
7610 Cty. Rte. 65, P.O. Box 590
Hornell, NY 14843-0590 Items 1,10 & 13 ONLY
Vestal Asphalt, Inc.
201 Stage Road
Vestal, NY 13850 Items 5,11 & 12 ONLY
Copies of these bids are available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 143 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BIDS FOR COLD MIX PATCHING MATERIAL
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:
ALL BIDS ACCEPTED
Central Asphalt, Div. Of Suit-Kote Corp. Seneca Stone Corporation
20 Fairground Lane 2105 S. Broadway
Watkins Glen, NY 14891 Pine City, NY 14871
Dalrymple Gravel & Contracting Co. Benchmark New York
2105 S. Broadway P.O. Box 513
Pine City, NY 14871 (English Meas.) Jamesville, NY 13078 (Mod. Mix Also)
Copies of these bids are available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 144 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BIDS FOR READY-MIX CONCRETE
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:
ALL BIDS ACCEPTED
Dalrymple Gravel & Contracting Co. B.R. DeWitt, Inc.
2105 S. Broadway 6895 Ellicott Street
Pine City, NY 14871 Pavilion, NY 14525
Copies of these bids are available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 145 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BIDS FOR USED STEEL PIPE
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:
ALL BIDS ACCEPTED
Chemung Supply Corporation
P.O. Box 527
Elmira, NY 14902 Items 1,3,5,7,9,11,14,17 & 19 ONLY
Industrial Services
County Route 22
Andover, NY 14806 Items 2,4,6,8,10,12,13,15,16,18,20,21 & 22 ONLY
Copies of these bids are available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 146 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BID FOR NEW CORRUGATED METAL, GALVANIZED PIPE, NEW CORRUGATED METAL, GALVANIZED & ASPHALT TREATED PIPE, NEW CORRUGATED METAL PIPE ARCH, NEW GALVANIZED FLARED END SECTIONS
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:
ONLY BID RECEIVED
Chemung Supply Corporation
P.O. Box 527
Elmira, NY 14902
Copy of this bid is available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 147 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BID FOR USED RAILROAD RAIL, NEW & USED STEEL PLATE, STEEL BRIDGE FLOORING, GABION BASKETS, POLY PIPE, & NEW & USED BRIDGE & SHOP STEEL
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:
ONLY BID RECEIVED
Chemung Supply Corporation
P.O. Box 527
Elmira, NY 14902
Copy of this bid is available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 148 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BID FOR SIGNS, POSTS, EXTENSIONS & SIGN BLANKS
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:
ONLY BID RECEIVED
Chemung Supply Corporation
P.O. Box 527
Elmira, NY 14902
Copy of this bid is available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 149 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BID FOR GUIDERAIL
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:
ONLY BID RECEIVED
Chemung Supply Corporation
P.O. Box 527
Elmira, NY 14902
Copy of this bid is available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 150 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BIDS FOR BANK RUN GRAVEL, MODIFIED GRAVEL, SAND & SELECT GRANULAR FILL
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:
ALL BIDS ACCEPTED
B.R. Dewitt, Inc. Maple Terrace Gravel Mine
6895 Ellicott Street 2391 County Road 10
Pavilion, NY 14525 Alpine, NY 14805
R & L Perry Construction, Inc. Arcangeli Gravel Pit
2419 Jennings Road 4071 Satterly Hill Road
Watkins Glen, NY 14891 Burdett, NY 14818
Dalrymple Gravel & Contracting Co. Wickhams Pit (Annella Wickham)
2105 S. Broadway 2300 Texas Hollow Road
Pine City, NY 14871 Odessa, NY 14869
Copies of these bids are available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 151 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT/REJECT BIDS FOR ICE CONTROL SAND
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:
B.R. DeWitt, Inc.
6895 Ellicott Street
Pavilion, NY 14525, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
R.L. Perry Construction, Inc. Dalrymple Gravel & Contracting Co.
2419 Jennings Road 2105 S. Broadway
Watkins Glen, NY 14891 Pine City, NY 14871
Copies of these bids are available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 152 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BIDS FOR CRUSHED LIMESTONE & CRUSHED GRAVEL
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bids:
ALL BIDS ACCEPTED
B.R. DeWitt, Inc. Benchmark New York
6895 Ellicott Street P.O. Box 513
Pavilion, NY 14525 Jamesville, NY 13078
Dalrymple Gravel & Contracting Co. Seneca Stone Corporation
2105 S. Broadway 2105 S. Broadway
Pine City, NY 14871 Pine City, NY 14871
Copies of these bids are available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 153 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BID FOR TREE & STUMP REMOVAL
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:
ONLY BID RECEIVED
Dave Day's Tree Service
52 State Route 230
P.O. Box 162
Wayne, NY 14893
Copy of this bid is available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 154 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT BID FOR STEEL BELTED RADIAL TIRES
WHEREAS, Resolution No. 46-97 authorized the advertising for bids for furnishing of materials for the Highway Department, and
WHEREAS, said advertisement was made, bids were received and opened at the Regular Public Works Committee Meeting on March 17, 1997.
NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accept the following bid:
ONLY BID RECEIVED
Ron Parmenter Motors, Inc.
2640 State Route 14
Montour Falls, NY 14865
Copy of this bid is available for inspection at the Highway or Legislative Offices.
VOTE: Passed 7-0.
RESOLUTION NO. 155 Motion by Hastings, Second by Fitzsimmons.
RE: AUTHORIZATION FOR SCHUYLER COUNTY PINS DIVERSION ADMINISTRATIVE COMMITTEE TO PREPARE AND SUBMIT PINS GRANT AND COMMITMENT OF COUNTY FUNDS OUT OF CONTINGENCY ACCOUNT - PROBATION
WHEREAS, the County of Schuyler has received notification of an award of $10,605.00 in federal funds from the New York State Division of Criminal Justice Services, and
WHEREAS, said funds are earmarked for provision of services for PINS at risk youth and their families in order to prevent out of home placements, and
WHEREAS, said grant requires that the County commit the sum of $3,535.00 as a hard cash match, and
WHEREAS, the PINS Diversion Administrative Committee and the Public Safety Committee of this Legislature have discussed the benefits of applying for said grant.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature consent to the Schuyler County PINS Diversion Planning Committee preparing the necessary application and submit it to the Chairman of the Schuyler County Legislature for her signature upon authorization from the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that this Legislature commit the sum of $3,535 from the County Contingency Account and transfer said amount into the Probation Department 3140.4 account, creating a separate line item with said funds to be used for the provision of additional services for PINS youth and their families as authorized in the said grant, and
BE IT FURTHER RESOLVED, there will an accounting of expenditures and program impact by the Director of Probation by October 1, 1997.
NOTE: This resolution failed in committee.
DISCUSSION: Legislator Burnside explained that there was some confusion about this resolution in committee and asked that Ron Alexander comment on the issue. Ron stated that the $3,500 that the county has to pay could save the county up to $10,000. He feels it is a wise expenditure and that kids will benefit from the program. Chairman Halpin asked that Ron keep track of the expenditures and report to committee. Legislator Franzese understood the program to be group projects like the county already has, not one on one programs. Ron explained that it is flexible, it can be a group or an individual.
VOTE: Passed 7-0.
RESOLUTION NO. 156 Motion by Hastings, Second by Fitzsimmons.
RE: AUTHORIZE OUT-OF-STATE TRAVEL TO NATIONAL IMMUNIZATION CONFERENCE
WHEREAS, the New York State Association of County Health Officials (NYSACHO) has funding from the New York State Department of Health to coordinate immunization grant activities for counties, and
WHEREAS, NYSACHO will pay all expenses for one person per county to attend the National Immunization Conference in Detroit from May 18-21, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Public Health Office is hereby authorized to send a nurse to the aforementioned conference.
NOTE: This resolution failed in committee.
NOTE: This resolution failed in Management & Finance.
DISCUSSION: Legislator Thurston wanted to re-iterate on why he sponsored this resolution individually. He feels that the County Nurses should attend to make sure training is being done and it is totally funded by the State of New York. Legislator Franzese suggested that any future resolutions should be supported for this type of travel.
VOTE: Passed 6-1. No: Halpin.
RESOLUTION NO. 157 Motion by Hastings, Second by Fitzsimmons.
RE: AUTHORIZE FILLING OF VACANCY - SOCIAL WELFARE EXAMINER - SOCIAL SERVICES
WHEREAS, a Social Welfare Examiner has been promoted to Supervising Support Investigator upon the retirement of Patricia Meehan, and
WHEREAS, another Social Welfare Examiner has submitted her resignation effective April 11, 1997, and WHEREAS, this creates a Social Welfare Examiner position vacancy in the Transitional Services Unit (Public Assistance and Food Stamps), and
WHEREAS, that unit has been downsized already by the elimination of a permanent Social Welfare Examiner position in June, 1995, vacancies in an Account Clerk Typist position since June, 1996, ½ time Caseworker position in August, 1996; temporary HEAP position in November, 1996 and shared Typist in November 1996, and
WHEREAS, because of those staff reductions, the remaining Examiners have taken on additional responsibilities for their cases including correspondence, filing, case record set up, routine phone calls and disability review work ups, and
WHEREAS, the unit, upon recommendation of the CGR report reorganized into a generic unit which has caused a loss of efficiency so that case processing backlogged, and
WHEREAS, Welfare reform initiatives are expected to cause additional administrative/case processing tasks, and
WHEREAS, the department's inability to complete disability review packages is costing local Medicaid dollars, and
WHEREAS, the medical assistance caseload continues to grow so that eventually if the Transitional Services Unit workload decreased, the Examiner will be needed in the Medicaid Unit.
NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services be authorized to fill the Social Welfare Examiner vacancy and the vacancy created by the promotion of a worker to this position.
NOTE: This resolution failed in committee.
DISCUSSION: Legislator Hastings wanted to explain this resolution. The department has lost three employees, one is on disability. The Laws have changed and therefore have increased the amount of work that needs to be done. She supports the promotion of one employee and the filling of that vacancy. She urged the rest of the Legislature to support this resolution.
MOTION by Chairman Halpin to amend the resolution by making both positions temporary. SECOND by Legislator Fitzsimmons for discussion. Legislator Halpin stated that the temporary Social Welfare Examiner position would not have to be created, however the position left vacant would have to be created unless it is already there. Legislator Hastings said that the department needs the positions filled at this time. She believes that the position would not be temporary for very long and she supports the amendment. Legislator Burnside asked how long the temporary position would be filled. Chairman Halpin explained that after three months it would be reviewed. Legislator Hastings stated that there are two people qualified for the positions and the move should be an easy one. Legislator Fitzsimmons asked how long a position can be vacant before it is terminated. Chairman Halpin explained that it is always there, however, after 90 days the position has to be filled by a resolution. The Treasurer stated that a permanent employee going into a temporary position will lose benefits. Legislator Franzese felt it would be detrimental to the county. The more the department is shortchanged, the more work is left undone. Legislator Thurston inquired about the department head being aware of this amendment. Legislator Hastings stated that the department head is on vacation, but is aware of it. Legislator Hastings felt it has to be a full board decision. Legislator Burnside asked Legislator Hastings if she would consider tabling the resolution. Legislator Hastings stated that she can not, the position needs to be filled right away. Motion failed, three ayes to four noes. Noes: Franzese, Fitzsimmons, Burnside and Thurston.
VOTE: Passed 5-2. Noes: Halpin, Compton.
RESOLUTION NO. 158 Motion by Hastings, Second by Fitzsimmons.
RE: CREATE AND FILL SOCIAL WORK ASSISTANT POSITION - MENTAL HEALTH
WHEREAS, providing case management services is an integral part of Schuyler County Mental Health Programs, and
WHEREAS, funding for a social work assistant will be provided via 100% state monies under the Reinvestment Program of the Office of Mental Health, and
WHEREAS, the Community Services Board recognizes the need and indicates support for the creation of this position in the Mental Health Clinic, and
WHEREAS, the Center for Governmental Research also identified the need for this additional position, and
WHEREAS, the Senior Social Work Assistant position will be abolished upon the filling of this position.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorize the Director of Community Services to hire a Social Work Assistant at Grade Level XXII, salary of $11.92 per hour for 1997, effective immediately, pending approval of the Civil Service Commission. The position will continue as long as state funding for the position continues.
NOTE: This resolution failed in committee.
VOTE: Passed 6-1. No: Franzese.
RESOLUTION NO. 159 Motion by Hastings, Second by Fitzsimmons.
RE: AUTHORIZE DISPLAY OF PORTRAITS FOR LEGISLATIVE CHAMBERS
BE IT RESOLVED, that this Legislature hereby direct the Clerk of the Legislature to display in the Legislative Chambers, portraits of each Legislature Chairman, beginning with the inception of the Legislature (1971) and continuing.
VOTE: Passed 6-0. Abstain: Franzese.
RESOLUTION NO. 160 Motion by Hastings, Second by Fitzsimmons.
RE:: PROCLAIM WEEK OF MAY 4-10, 1997 AS "NATIONAL TOURISM WEEK"
WHEREAS, the Tourism Works for American Council designates May 4-10 to encourage communities and the travel and tourism industry to emphasize the economic, social, and cultural impact of the travel and tourism industry on the nation, and to show appreciation to all the travelers who make it happen, and
WHEREAS, the National Tourist Appreciation Day is set for Wednesday, May 7, 1997, and
WHEREAS, tourism is a major economic development tool ranking with agriculture, manufacturing and education in terms of its overall impact on our society, and this Legislature is desirous of taking an active part in National Tourism Week.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby proclaims May 4-10, 1997 National Tourism Week for 1997, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature forward certified copies of this resolution to the Finger Lakes Association, Inc., Schuyler County Chamber of Commerce.
VOTE: Passed 7-0.
RESOLUTION NO. 161 Motion by Burnside, Second by Thurston.
RE: DECLARATION OF APRIL 17, 1997 AS LOCAL GOVERNMENT DAY IN CELEBRATION OF NATIONAL COUNTY GOVERNMENT DAY
WHEREAS, April 17, 1997 is National County Government Day, and
WHEREAS, the Schuyler County Legislature encourages its citizens to become more active in county government by attending and participating in County Legislative meetings as follows:
Monday, May 12, 1997
Monday, June 9, 1997
Monday, July 14, 1997
Monday, August 11, 1997
Monday, September 8, 1997
Tuesday, October 14, 1997
Monday, November 10, 1997
Monday, December 8, 1997
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declare April 17, 1997 as Local Government Day within Schuyler County.
VOTE: Passed 7-0.
RESOLUTION NO. 162 Motion by Burnside, Second by Thurston.
RE: AUTHORIZE SETTLEMENT OF CLAIM FROM JUDGMENTS AND CLAIMS
WHEREAS, the County is in receipt of a claim, McGrain -v- Schuyler County, and
WHEREAS, insurance counsel, as well as the County Attorney recommend settlement of the claim to reduce the county's potential exposure and to also reduce legal fees, and
WHEREAS, the Public Official Liability Policy contains a permission requirement for settlement of claims.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes and approves the settlement of the above-entitled action against the County at a cost of approximately $1,666.00, and
BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the County Attorney to execute all documents in furtherance of such settlement, and
BE IT FURTHER RESOLVED, that this Legislature hereby authorizes the payment of said settlement from Judgement and Claims account no. 1930.400.
VOTE: Passed 7-0.
RESOLUTION NO. 163 Motion by Burnside, Second by Thurston.
RE: AUTHORIZE TRANSFER OF FUNDS - TREASURER'S DEPARTMENT
WHEREAS, the Treasurer's Office is in need of network cards for two of its computers in order to connect to the network.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer is hereby authorized to transfer $151.00 from account no. 1325.400 to account no. 1325.208 to cover the cost of these items.
VOTE: Passed 7-0.
RESOLUTION NO. 164 Motion by Burnside, Second by Thurston.
RE: A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF EQUIPMENT FOR THE EMERGENCY 911 COMMUNICATION SYSTEM OF THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $416,000, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $416,000 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 purchase and installation of equipment for the Emergency 911 Communication system of the County of Schuyler, New York, is hereby authorized at a maximum estimated cost of $416,000.
Section 2. SEQR Determination: It is hereby determined that the aforesaid objects or purposes constitute a Type II action under the SEQR regulations of the State of New York which will not have a significant impact upon the environment.
Section 3. The plan for the financing of such maximum estimated cost is by the issuance of not exceeding $416,000 serial bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, that the power to appropriate 1997 fund balances to pay any part of such cost, including the power to redeem any or all obligations issued pursuant to this resolution from such 1997 fund balances, is hereby delegated to the County Treasurer.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purposes is ten years, pursuant to subdivision 25 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 the 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 7-0.
RESOLUTION NO. 165 Motion by Burnside, Second by Thurston.
RE: ACCEPT/REJECT BIDS - COMMUNICATION CONSOLES - EMERGENCY SERVICES
WHEREAS, advertisement was done for bids for replacement of the communication consoles in the Emergency Services Department.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby accepts the bid received from Motorola Corporation in the amount of $395,000.
VOTE: Passed 7-0.
RESOLUTION NO. 166 Motion by Burnside, Second by Thurston.
RE: AUTHORIZE ADVERTISEMENT FOR SEALED BIDS FOR PROPERTIES ACQUIRED FOR TAXES
BE IT RESOLVED, that the Clerk of the Legislature be, and hereby is, authorized to advertise for bids for properties the County has acquired for taxes, and
BE IT FURTHER RESOLVED, that the bids are to be received no later than 5:00 p.m. on May 30, 1997, 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 June 2, 1997, at which time recommendation for Legislative action will be made: acceptance or rejection of bids to be made at the June 9, 1997, Regular Meeting of the Legislature. The County of Schuyler reserves the right to reject any and all bids.
VOTE: Passed 7-0.
REPORT ON STANDING COMMITTEES: Legislator Burnside reported on the Governmental Operations Committee. He informed the public that the County Clerk is now back to work and that Linda Compton and Joy Ector have done a wonderful job running the office in her absence. He also reported on the Public Works Committee. The Deputy Highway Superintendent is out on medical leave and the Superintendent is retiring soon. There is a possibility of hiring a temporary Deputy Superintendent for now until a Superintendent is hired. The County is also looking into the possibility of hiring one person to be in charge of the whole Public Works department. Legislator Fitzsimmons reported on the Community Development and Natural Resources Committee. He informed the public of the new planner, John Czamanske. He also stated that the Brineline project could become a potential environmental issue for the county and that it will be discussed at the next committee meeting.
Legislator Hastings reported on the Agricultural and Farmland Protection Board. They discussed the Brineline project at their last meeting. They oppose the project right now until more information is available. They would like the county to hold a public hearing on the topic. She also reported on the Agriculture and Natural Resources Committee. The NYS Farm Bureau State Board will be meeting in Watkins Glen on September 10 & 11, 1997. This is the first time that Schuyler County has hosted the NYS Farm Bureau meeting. Soil & Water Conservation signed a contract for funding from environmental bond act in the amount of $55,850. Water Quality committee met and they have an application for $5,000 grant for Household Hazardous Waste.
Legislator Hastings also reported on Human Services. The Youth Bureau Director has sent out copies of a questionnaire about children services. She was notified by PIC that the county has received a summer youth program grant of $58,000.
Legislator Hastings also reported on the Health Services Committee. They have verbal approval from the Commissioner of Public Health and a letter of approval authorizing a waiver to allow combining the two departments. She reminded the public of the Mental Health Open House on May 2, 1997 from 2-6:00 p.m. She then reported on the Human Services Committee by passing around a handout on the teleconference held for DSS called The Case for Welfare Reform. Chenango County had a symposium on welfare reform. She believes our county should hold one so that everyone can see what the future holds for the county for the next five years.
Legislator Franzese wanted to keep the Legislature up to date on State issues. NYSAC is having a conference tomorrow to discuss Medicaid reform. They are asking for our direct input into areas where we would like to see change. She believes the State should assume full responsibility and the cost of these programs.
Chairman Halpin received E-Mail from Jim Wilson, the Director at the Schuyler County ARC in reference to capturing the market for small conferences in Schuyler County. He wanted us to know that on May 14 - 16, 1997 NYSARC, Inc. will be holding their conference at the Glen Motor Inn for 40-50 people. The Schuyler ARC submitted a package to them promoting the area. The economic impact will be around $15,000 plus over a three day period. The Chairman scheduled a Legislative Committee for April 16, 1997 at 4:00 p.m.
MOTION by Legislator Hastings to withdraw the tabled Resolution No. 106/97 of the March 10, 1997 Regular Meeting of the Legislature titled, Streamlining Delivery for Health Services, SECOND by Legislator Burnside. Motion carried seven ayes to zero noes.
PUBLIC PARTICIPATION: Casey Creamer wanted to know why Legislator Fitzsimmons voted no on Resolution No. 131. Legislator Fitzsimmons stated that the country invests a lot of money for highway projects like the Corning bypass and he feels the money could be better spent. Legislator Burnside believes the Federal Government should pay for the projects.
The meeting adjourned at 8:15 p.m.
Stacy B. Husted, Deputy Clerk
Robin D. Thoman, Personal Secretary
The May 12, 1997 Regular Meeting of the Schuyler County Legislature was called to order by Acting Chairman Franzese at 6:30 p.m. The Pledge of Allegiance was led by Legislator Fitzsimmons and followed by a Moment of Silence. Roll Call: All Legislators were present except Chairman Halpin and Legislator Compton. County Attorney Coleman was also present.
PUBLIC PARTICIPATION: Legislator Thurston was the first to welcome Legislator Young back from his medical leave.
Tom Ryan asked if the county was hiring a new Veterans Service Director. Legislator Hastings explained that there are some different options that are being researched, however, Stan Clark has offered to fill in until we resolve the situation. Acting Chairman Franzese commented on the hours possibly being reduced. Legislator Hastings stated that the committee agreed upon three four-hour days. David Lisk, being a war veteran himself, believes the office should stay open at fourteen hours a week, he would hate to see the office hours get cut. Legislator Burnside said that it would be discussed again at the next committee meeting.
Max Neal from the Chamber of Commerce presented the newest publication of the "I Love New York" Guide. She said that there is excellent coverage for Schuyler County. She also said that she recently attended the Governor's Conference on Tourism and he mentioned Watkins Glen.
Tom Ryan wanted to know how many years our Highway Superintendent had worked for the county. Legislator Burnside said six years. Tom also wanted to know if he was retiring. Legislator Burnside explained that he was retiring and leaving the county to take on a part-time job elsewhere.
PUBLIC HEARING ON LOCAL LAW NO. 2 TITLED PURSUANT TO SECTION 257-C EXECUTIVE LAW AUTHORIZING SCHUYLER COUNTY PROBATION DEPARTMENT TO COLLECT DWI ADMINISTRATIVE FEES : Ron Alexander, Probation Director, gave a brief explanation of the Local Law. He said that New York State enacted legislation to receive revenues for DWI charges. There are many states in the country that permit administrative fees to be collected. New York State requires a Local Law be implemented. Statewide, the revenue has been better than anticipated. He explained that in order to enforce the collection, the county would have to take civil action. Other counties say they use coercive tactics. He explained that the fee is usually around $30 depending on the size of the family and their income. The Director of Probation can waive the fee. Jim Coleman said that he and Ron have discussed the Local Law thoroughly and it is a good idea. Ron said he has discussed it with his staff and they believe they can handle it. It will be an opportunity to gain revenue for the Probation Department. Tom Ryan wanted to know how many DWI's have been referred to probation in the last twelve months. Phil Barnes said around twelve. Ron said that may not be exact, he believes more like ten. Legislator Thurston wanted to clarify that this was just for DWI convictions. Ron said yes for a DWI and a DWO, however a DWAI would not qualify.
RESOLUTION NO. 167 Motion by Fitzsimmons, Second by Burnside.
RE: APPROVE MINUTES OF THE MARCH 10, 1997 REGULAR MEETING AND MARCH 24, 1997 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the March 10, 1997 Regular Meeting and March 24, 1997 Special Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 6-0.
RESOLUTION NO. 168A Motion by Burnside, Second by Fitzsimmons.
RE: AMEND RESOLUTION NO. 168
BE IT RESOLVED, that Resolution No. 168 be amended to increase the Sheriff's salary to $47,000 for the fiscal years 1998, 1999, 2000 and 2001.
VOTE: Passed 5-1. No: Franzese
RESOLUTION NO. 168B Motion by Thurston, Second by Hastings.
RE: AMEND RESOLUTION NO. 168 - FAILED
BE IT RESOLVED, that Resolution No. 168 be amended to increase the Sheriff's salary to $47,000 for the fiscal years 1998, 1999, 2000 and 2001 plus 2% for the fiscal years 1999, 2000 and 2001.
DISCUSSION: Legislator Hastings stated that the county has a Sheriff who doesn't travel a lot and doesn't waste county dollars. He was promised a salary increase five years ago. This Legislature should consider the 2% increase. Legislator Burnside asked Phil Barnes what the revenues were currently at. Phil said between $80-$100,000 for the first four months of the year. Legislator Thurston stated the Sheriff's job is not easy, it is very difficult. He deserves a raise. Legislator Fitzsimmons said he could not support a 2% per year increment especially for just one official. Acting Chairman Franzese said that the committee did a county survey and this recommendation seemed fair. She also stated that any position can be increased during the term by adopting a Local Law.
VOTE: Failed 4-2. Noes: Fitzsimmons, Franzese.
RESOLUTION NO. 168C Motion by Fitzsimmons, Second by Hastings.
RE: AMEND RESOLUTION NO. 168
BE IT RESOLVED, that Resolution No. 168 be amended to increase the Chairman's salary to $10,000 for the fiscal years 1998 and 1999.
DISCUSSION: Legislator Fitzsimmons asked the County Attorney if the Local Law had to be split. The County Attorney explained that you can divide the question, have five phases of the introduction and then one Local Law later. Acting Chairman Franzese agreed to vote no on the resolution as a whole.
VOTE: Passed 5-1. No: Franzese.
RESOLUTION NO. 168 Motion by Fitzsimmons, Second by Burnside.
RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 1997 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS - AS AMENDED
WHEREAS, the County law permits and requires the Legislature to set the salaries of all officials paid from County funds, and
WHEREAS, the salaries of certain elected officials have been reviewed and are in need of revision upon the expiration of their terms, and
WHEREAS, none of the officials affected will thereby have a change in compensation during a term.
NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3/Local Law No. of the year 1997, 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 June 9, 1997 at 7:00 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY.
A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 1998, 1999, 2000, 2001.
Section 1. LEGISLATIVE INTENT
This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for fiscal years 1998, 1999, 2000, 2001.
Section 2. OFFICIALS/SALARIES
Effective with the first County payroll for fiscal years 1998, 1999, 2000 and 2001 the annual salaries of the following officials are hereby established, to wit:
TITLE 1998 SALARY 1999 SALARY 2000 SALARY 2001 SALARY
Chairman of Legislature $10,000 $10,000
Legislators 5,000 5,000
Sheriff 47,000 47,000 $47,000 $47,000
County Clerk 34,000 34,000 34,000 34,000
District Attorney 32,000 32,000 32,000 32,000
Section 3. EFFECTIVE DATE
This Local Law shall take effect immediately upon the filing with the Secretary of State.
VOTE: Passed 5-1. No: Franzese.
RESOLUTION NO. 169 Motion by Fitzsimmons, Second by Burnside.
RE: RESOLUTION DECLARING THE MONTH OF MAY AS OLDER AMERICANS MONTH IN SCHUYLER COUNTY - OFFICE FOR THE AGING
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, 1997 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 6-0.
RESOLUTION NO. 170 Motion by Fitzsimmons, Second by Burnside.
RE: ADJUST 1997 BUDGET - OFFICE FOR THE AGING
BE IT RESOLVED, that the Schuyler County Treasurer be authorized to adjust the Office for the Aging budget due to the receipt of a one-time NYS Grant for a SOFA-funded Internet Service Provider, as follows:
+300 Appropriations account no. 6772.0439
+300 Revenue account no. 6772-3772
VOTE: Passed 6-0.
RESOLUTION NO. 171 Motion by Burnside, Second by Thurston.
RE: PROCLAIM MAY 21, 1997 NATIONAL EMPLOYEE HEALTH AND FITNESS DAY PROCLAMATION
WHEREAS, significant health benefits can be obtained by including a moderate amount of physical activity on most, if not all, days of the week; and
WHEREAS, regular physical activity greatly reduces the risk of dying from coronary heart disease, and reduces the risk of developing diabetes, high blood pressure, and colon cancer; and
WHEREAS, regular physical activity improves mood, helps relieve depression, and increases feelings of well-being, fosters healthy muscles, bones and joints, and enhances the ability to perform daily tasks; and
WHEREAS, the rewards of increasing physical activity include preventing premature death, unnecessary illness and disability, controlling health care costs, and maintaining a high quality of life into old age; and
WHEREAS, social support from family and friends has been consistently and positively related to regular physical activity; and
WHEREAS, in recognition that worksite wellness programs reduce health care costs, absenteeism and turnover, and increase productivity and performance, Schuyler County, as an employer, has initiated an employee wellness program, WOW! - Working On Wellness.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby proclaims May 21, 1997 as NATIONAL EMPLOYEE HEALTH AND FITNESS DAY in Schuyler County, and commends this observance to all employees of the County of Schuyler, and
BE IT FURTHER RESOLVED, that copies of this signed proclamation shall be sent to all Department Heads to be posted in each department.
VOTE: Passed 6-0.
RESOLUTION NO. 172 Motion by Burnside, 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 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 6-0.
RESOLUTION NO. 173 Motion by Burnside, Second by Thurston.
RE: AUTHORIZE AGREEMENT BETWEEN FINGER LAKES NATIONAL FOREST AND SCHUYLER COUNTY OFFICE OF EMERGENCY MANAGEMENT REGARDING FIRE SUPPRESSION
WHEREAS, the Schuyler County Office of Emergency Management under the Mutual Aid Plan of the County Fire Departments, agrees when called upon by the Forest Service to provide prompt fire suppression action on all forest fires on the Hector Ranger District.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to enter into this agreement with the National Forest Service, subject to all the terms of this agreement, and it shall be effective May 30, 1997 until May 30, 2003, subject to approval by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 174 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZE ADVERTISEMENT FOR COUNTY HIGHWAY SUPERINTENDENT POSITION
WHEREAS, the County Highway Superintendent position will become vacant as of May 31, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the advertisement for a replacement for said position.
DISCUSSION: Legislator Hastings wanted to add to the resolution that the applicant must reside in Schuyler County. The Clerk and the County Attorney advised Legislator Hastings that to do so would delay the process because advertisement has been done already and applications have been turned in.
VOTE: Passed 6-0.
RESOLUTION NO. 175 Motion by Fitzsimmons, Second by Thurston.
RE: REPEAL OF THE 1996 HCRA TAX ON NEW YORK HEALTH CARE SERVICES BY THE STATE LEGISLATURE
WHEREAS, the new 1996 Health Care Reform Act (HCRA) surcharge paid by individuals on health care services after January 1, 1997 unfairly shifts cost responsibility to those who are least likely to be able to afford it, and
WHEREAS, those in need of health care services like the working poor who don't qualify for Medicaid, those between jobs who are uninsured or the under insured are assessed directly the 8.18% surcharge adding a greater financial burden, and
WHEREAS, it is a new direct tax to the insured subscriber on deductibles, Co-Insurance and uncovered charges, and
WHEREAS, employees will face higher insurance rates since the surcharge obligations are now considered a claim charge, and
WHEREAS, lab services and other out patient costs will increase since the providers are responsible for any uncollected tax, and
WHEREAS, New York Hospitals, health care facilities and labs will lose business resulting in lost jobs since the surcharge paid directly to the providers is 32% by certain groups, and
WHEREAS, the HCRA of 1996 shifts pool payments that were previously paid by insurance Industries directly to individual consumers who are hard working New Yorkers who already pay the highest taxes in the nation while insurance companies and HMO's are experiencing record profits, and
WHEREAS, a system that discourages, even if unintentionally lab tests or other out patient ambulatory care services that are used for the early detection of cancer, heart or other diseases will have tragic human consequences.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature request that Governor Pataki and the New York State Legislature as soon as possible repeal the New York State 8.18% tax on patient health care now paid by individuals which took effect January 1, 1997, and
BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Pataki, Senator Bruno, Speaker Silver, Senator Kuhl, Assemblyman Bacalles, NYSAC, ClaS and the Schuyler County Town Supervisors and Village Mayors.
DISCUSSION: Legislator Hastings asked why the tax was being put on this. Acting Chairman Franzese stated that indigent care was paid for previously by a tax on inpatient health care paid by insurance companies. As of January 1, 1997, New York has imposed an individual health care tax on both inpatient and outpatient health care services to assure that the $1.9 billion needed is raised. New York is the only state in the nation to do so. This tax clearly taxes the working poor and the sick who are most in need. Those who stand to benefit are the insurance companies.
VOTE: Passed 5-1. No: Hastings
RESOLUTION NO. 176 Motion by Fitzsimmons, Second by Thurston.
RE: AUTHORIZE APPOINTMENT OF REAL PROPERTY TAX DIRECTOR
WHEREAS, the Real Property Tax Director's position is still vacant.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves of the hiring of Thomas Bloodgood at a salary of $31,000 effective July 14, 1997 to finish the vacated term ending September 30, 2001.
VOTE: Passed 6-0.
RESOLUTION NO. 177 Motion by Fitzsimmons, Second by Burnside.
RE: AUTHORIZE ADVERTISEMENT FOR VETERAN'S SERVICE DIRECTOR
WHEREAS, the Veteran's Service Director has submitted his resignation effective May 20, 1997.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes advertisement to fill said vacancy.
VOTE: Passed 6-0.
RESOLUTION NO. 178 Motion by Fitzsimmons, Second by Burnside.
RE: SET PUBLIC HEARING DATE ON BRINELINE ISSUE AND REQUEST FORMAL HEARING FROM THE FEDERAL ENERGY REGULATORY COMMISSION (FERC)
WHEREAS, it has been brought to the attention of the Schuyler County Legislature that there is strong community opposition to the proposed Brineline Project, and
WHEREAS, the Legislature is requesting a formal public hearing from FERC on this Project, and
WHEREAS, the deadline for public comment is May 19, 1997, and
WHEREAS, the Legislature wishes to offer its citizens the opportunity to voice their concerns at a public meeting during the open comment period.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, in cooperation with the Environmental Management Council, hereby set a Public Hearing on the Brineline Project for Wednesday, May 14, 1997 at 7:00 p.m., to be held at the Watkins Glen Elementary School Auditorium, Decatur Street, Watkins Glen, NY, and further encourages its citizens to participate in said Hearing, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be directed to request a formal public hearing in Schuyler County from FERC as soon as is reasonably possible.
VOTE: Passed 6-0.
RESOLUTION NO. 179 Motion by Fitzsimmons, Second by Burnside.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO HAROLD C. AND JUDY M. MAYO
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 79.-1-4, parcel number 102-0469-01 , said property to have been sold by sealed bids to be opened and considered on June 2, 1997, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $1,728.88, 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 Harold and Judy M. Mayo, 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 acceptance or rejection of the bids at the June 9, 1997, Regular Meeting of the Schuyler County Legislature , 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 6-0.
RESOLUTION NO. 180 Motion by Fitzsimmons, Second by Young.
RE: AUTHORIZE LETTER OF SUPPORT TO J. ROBERT KRAMER, II
WHEREAS, April 21, 1997, the United States, the states of New York, Ohio, and Pennsylvania filed a Civil Antitrust complaint, a proposed Final Judgment and a Stipulation and Order between the parties of AKZO Nobel and Cargill, Inc., and
WHEREAS, the Stipulation and Order and proposed Final Judgment requires Cargill and AKZO to ensure that, until the divestitures mandated by the proposed Final Judgment are accomplished, AKZO's Watkins Glen evaporated salt plant and related assets will be maintained and operated as a saleable and economically viable ongoing concern, and
WHEREAS, both facilities are an extremely important and a vital part of our community, and,
WHEREAS, written comments may be submitted to the United States Department of Justice within 60 days of the date of publication of the Competitive Impact Statement in the Federal Register.
NOW, THEREFORE, BE IT RESOLVED that a letter be prepared to J. Robert Kramer II, Chief-Litigation II Section, Antitrust Division, United States Department of Justice, 1401 H Street, NW, Suite 3000, Washington, D.C., 20530, on behalf of our Schuyler County community simply to make the United Sates Department of Justice aware of the importance of the jobs provided by both of these facilities and the economic impact that any downsizing or plant closings would have on our small Schuyler County community.
VOTE: Passed 6-0.
RESOLUTION NO. 181 Motion by Fitzsimmons, Second by Young.
RE: INCREASE APPROPRIATIONS AND REVENUES - SHERIFF'S DEPARTMENT
WHEREAS, the Sheriff's Department purchased bullet-proof vests under the Soft Body Armor Program by the NYS Division of Criminal Justice Services in 1996. Under this program the County will receive full reimbursement for vests meeting the required standards and purchased under the state contract through the NYS Office of General Services.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to increase the Sheriff appropriations account no. 3110.432 and revenue account no. 3110-3389 both by $3,328.95.
VOTE: Passed 6-0.
RESOLUTION NO. 182 Motion by Fitzsimmons, Second by Young.
RE: CONTRACT BETWEEN THE FALLS HOME CARE AGENCY AND THE SCHUYLER COUNTY HOME HEALTH AGENCY
WHEREAS, the Schuyler County Home Health Agency sometimes needs more Home Health Aides and Personal Care Aides than are available on staff and from contract agencies, and
WHEREAS, the Falls Home Care Agency has aides available at the rate of $13.50 per hour for Home Health Aides and $13.00 per hour for Personal Care Aides.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to execute an agreement between the Falls Home Care Agency and the Schuyler County Home Health Agency for aide services from May 1, 1997, through April 30, 1998, at the rate of $13.50 per hour for Home Health Aides and $13.00 per hour for Personal Care Aides; contingent upon the approval of the Schuyler County Attorney.
(Schuyler Hospital rates are $13.50 for HHA, $12.75 for PCA.)
VOTE: Passed 6-0.
RESOLUTION NO. 183 Motion by Thurston, Second by Fitzsimmons.
RE: DECLARE THE MONTH OF MAY AS MOTORCYCLE SAFETY AWARENESS MONTH
WHEREAS, ABATE (A Brotherhood Aimed Toward Education) is dedicated to the elimination of automobile-motorcycle accidents, and
WHEREAS, ABATE is engaged in education programs to make the public more aware of the motorcyclist and the safe operation of the motorcycle on the highways, and
WHEREAS, the Schuyler County Chapter of ABATE is taking the week of May 18-24, 1997 to call to the attention of the community the vast number of motorcycles that are on the highways, and to help promote public safety.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature proclaims May 18-24, 1997 "Motorcycle Safety Awareness Week" in Schuyler County.
VOTE: Passed 6-0.
Acting Chairman Franzese made a statement for the record. "As the sponsor of Intro. No. 17 re: Mental Health Request for Catering, etc. Expenditures to Conform with the Schuyler County Rules of Procedure. I am pleased to withdraw this resolution based upon a written memorandum from our Mental Health Director which reads, 'This memorandum is to serve as a request for retraction from the April 18, 1997 Health Services committee meeting. The portion of the minutes wherein I requested $1,200 to be expended for the purpose of an open house needs to be struck from the minutes because the request is no longer necessary'. Thank you".
WITHDRAWN
RE: APPROVAL OF MENTAL HEALTH REQUEST FOR CATERING, ETC. EXPENDITURES TO CONFORM WITH SCHUYLER COUNTY LEGISLATIVE RULES OF PROCEDURE - WITHDRAWN
WHEREAS, April 18,1997 the Mental Health Director requested permission to use State and County Tax dollars up to $1,200 out of the PROGRAM SUPPLIES line of his budget for Catering, etc. (estimated at $600 for one caterer in the Committee Minutes.), and
WHEREAS, the Mental Health Director was notified April 25,1997 of Rule 22, paragraph 11 of the Schuyler County Rules of Procedure, that requires unappropriated expenditures (not CLEARLY designated in the budget such as catering expenses) to be approved by Resolution of the Legislature, and
WHEREAS, this rule protects the right of ALL Legislators to be knowledgeable and have a say on monies that may be appropriated in a line such as PROGRAM SUPPLIES being used for purposes other than normal County purposes such as catering, printed invitations , etc.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves the transfer of up to $1,200 from PROGRAM SUPPLIES to account #_____MISC.(CATERING, ETC.) to be used for Catering, etc. as requested on April 18,1997.
NOTE: This resolution failed in Management & Finance Committee.
RESOLUTION NO. 184 Motion by Thurston, Second by Fitzsimmons.
RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 2 OF THE YEAR 1997 PURSUANT TO SECTION 257-C EXECUTIVE LAW AUTHORIZING SCHUYLER COUNTY PROBATION DEPARTMENT TO COLLECT DWI ADMINISTRATIVE FEES
WHEREAS, a proposed Local Law authorizing the Schuyler County Probation Department to collect DWI administrative fees was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held May 12, 1997, 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 1997, 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 1997, together with the required text thereof in the official county newspaper.
A Local Law In Relation to the Collection of Fees by the County Probation Department Pursuant to Section 257-c of the Executive Law.
Section I. LEGISLATIVE INTENT
This Local Law is enacted for the purpose of implementing the provisions of Section 257-c of the Executive Law of the State of New York authorizing a county to require individuals sentenced to a period of probation upon conviction of any crime under Article 31 of the Vehicle & Traffic Law, after the effective date of this Local Law, to pay an administrative fee to the County Probation Department.
Section 2. PROBATION ADMINISTRATIVE FEE
(a) Every person who shall be sentenced to a period of probation upon conviction of any crime under Article 31 of the Vehicle & Traffic Law, and who is subject to supervision by the Department, shall pay to the Department an administrative fee of not less than $10.00 per month nor more than $30.00 per month, depending upon household size and taxable income in accordance with the Fee Schedule which is on file in the Legislative Office.
(b) In accordance with Section 257-c of the Executive Law, the Department may waive all or part of such fee where, because of the indigence of the offender, the payment of such fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent of such person for financial support.
(c) Monies collected pursuant to this Section shall be deposited by the Department with the County Treasurer and shall be utilized for probation services by the Department.
(d) The Probation Department shall determine the administrative fee upon review of the household and financial data in such form and manner as the Director of Probation shall determine. Changes in either household compensation or financial status may result in revision of fees.
Section 3. COLLECTION
Section 420.10, Subdivision 6, of the Criminal Procedure Law shall govern the collection of these administrative fees; but payment of the administrative fees which this section imposes shall not constitute a condition of any probation sentence. These fees shall apply to youthful offender probation.
Section 4. AGREEMENT
Every person liable to pay a fee hereunder shall execute a Payment Notification and Agreement in such form as the Division of Probation shall prescribe.
Section 5. RULES AND REGULATIONS
The Director of Probation is empowered to adopt rules, regulations and procedures necessary to implement this Local Law.
Section 6. AMENDMENT OF FEES
In the event the fees specified in Section 257-c of the Executive Law are amended by State legislation, the County Legislature may, by resolution, amend the amount of the fees prescribed herein in accordance with such State legislation.
Section 7. AID AND REIMBURSEMENT
All fees collected hereunder shall be excluded from consideration by the Division of Probation when it determines state aid reimbursement pursuant to Section 246 of the Executive Law.
Section 8. SEPARABILITY
If any clause, sentence, paragraph, subdivision, section or part of this Local Law shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this Local Law directly involved in the controversy in which such judgment shall have been rendered.
Section 9. EFFECTIVE DATE
This Local Law shall take effect immediately upon the filing with the Secretary of State.
VOTE: Passed 6-0.
RESOLUTION NO. 185 Motion by Thurston, Second by Fitzsimmons.
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. 186 Motion by Fitzsimmons, Second by Hastings.
RE: CREATE AND FILL LABORER POSITION - BUILDINGS AND GROUNDS AND TRANSFER FUNDS
WHEREAS, there is a half-time maintenance mechanic vacancy in the Buildings and Grounds Department, and
WHEREAS, the Building Maintenance Supervisor has reviewed the ever changing duties and priorities of the department and has determined at this point a full-time laborer position would be more beneficial than filling the half-time maintenance mechanic vacancy, and
WHEREAS, there are monies available within the Buildings and Grounds 1997 budget to cover the cost of this position.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorize the creation of a laborer position for 40 hours per week in the Buildings and Grounds Department at Grade Level 0, hourly rate of $6.74, effective upon completion of Civil Service requirements and review, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $2,423.40 from account no. 1620.442-utilities to account no. 1620.100-personal services.
VOTE: Passed 5-1. No: Franzese.
RESOLUTION NO. 187 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE CREATION OF A CAPITAL PROJECT TO IMPLEMENT THE LOCAL WATERFRONT REVITALIZATION PROGRAM - AS AMENDED
WHEREAS, this Legislature 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, this Legislature has also authorized a Memorandum of Understanding with Five Lakes Development Corporation for the administration of grant monies for the Seneca Harbor Park Schematic Design Project by Resolution No. 289-96.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes a capital project in an amount not to exceed $165,240 with the funding to be provided by the following: $75,000 NYS Parks Grant; $10,000 - Costal Resources Grant; $2,305 - NYSCA Grant; $54,000 from fund raising by Five Lakes Development Corporation; and $20,000 to be provided by the County of Schuyler only if needed, and
BE IT FURTHER RESOLVED, that the County Treasurer is hereby authorized to appropriate 1997 Fund Balance if other monies are not available.
VOTE: Passed 6-0.
RESOLUTION NO. 188 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE PURCHASE/TRANSFER OF FUNDS FOR EQUIPMENT - HIGHWAY
WHEREAS, the ditching bucket for the Highway Department's Drott 25 excavator is not reparable, and
WHEREAS, there are monies in the 1997 Machinery budget to purchase a new bucket.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer $2,260.00 from Machinery account no. DM5130.438-supplies to DM5130.200-miscellaneous equipment to cover the cost of the aforesaid purchase.
VOTE: Passed 6-0.
RESOLUTION NO. 189 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE PUBLIC WORKS COMMITTEE AND HIGHWAY SUPERINTENDENT TO MAKE INTERIM ARRANGEMENTS FOR CONTINUED OPERATION OF HIGHWAY FUNCTIONS
WHEREAS, the Deputy County Highway Superintendent is on medical leave for unknown duration, the only clerical support person for the Highway Department has resigned, and the County Highway Superintendent is retiring May 31, 1997, and
WHEREAS, it is essential that the Highway Department continue to function as smoothly as possible, and
WHEREAS, there are options, one of which involves contracting with another county or the state, and the Public Works Committee and County Highway Superintendent needs the ability to have a contract executed or other action taken in a timely manner.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature hereby authorize the Public Works Committee and County Highway Superintendent to take any action necessary, on behalf of the Legislature, to effectuate the continued operations of the Highway Department.
VOTE: Passed 6-0.
RESOLUTION NO. 190 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE CREATION AND FILLING OF LABOR FOREMAN POSITION - HIGHWAY
WHEREAS, it is the recommendation of the County Highway Superintendent to create a labor foreman position to allow for additional supervisory personnel and increase the chain of command in the Department, and
WHEREAS, it is further recommended this position be filled by promotion thereby not adding a position within the Department.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorize the creation of a working labor foreman position for 40 hours per week in the Highway Department at an hourly rate of $10.43, effective upon completion of Civil Service requirements and review, and
BE IT FURTHER RESOLVED, that this Legislature authorize the filling of said labor foreman position by promotion only.
DISCUSSION: Legislator Hastings asked that the resolution be changed to say working labor foreman. Acting Chairman Franzese said they should just add it to the job description "must be a working labor foreman".
VOTE: Passed 6-0.
RESOLUTION NO. 191 Motion by Burnside, Second by Fitzsimmons.
RE: MOTION TO BRING FIVE (5) RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that five (5) resolutions be brought to the floor.
VOTE: Passed 6-0.
RESOLUTION NO. 192 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE TRANSFER OF FUNDS FOR PUBLIC OFFICIAL LIABILITY POLICY PAYMENT
WHEREAS, the new Public Officials Liability Policy came in $2,320.00 over what was budgeted.
NOW, THEREFORE, BE IT RESOLVED, the County Treasurer be authorized to transfer $2,320.00 from Contingency account no. 1990.5 to Legislative account no. 1010.418.
VOTE: Passed 6-0.
RESOLUTION NO. 193 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE TRANSFER OF FUNDS FOR CONTRACT WITH RANDY DEAL, IAO
WHEREAS, Resolution No. 22-97 authorizing the contracts with Randy Deal, IAO, transferred $5,500.00 for payment of the same, and
WHEREAS, the $5,500 has been fully expended and the Auditor is in receipt of a bill for April services for Mr. Deal, and
WHEREAS, the new Real Property Tax Service Agency Director will not commence work until July 14, 1997, and
WHEREAS, the county will need to continue with Mr. Deal's services until such time the new Director's appointment takes place.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $4,000 from Contingency account no. 1990.5 to Real Property Tax Agency account no. 1355.435.
VOTE: Passed 6-0.
RESOLUTION NO. 194 Motion by Fitzsimmons, Second by Hastings.
RE: AMEND RESOLUTION NO. 142-97/ACCEPT BID FOR ASPHALT EMULSION
WHEREAS, Resolution No. 142-97 which accepted the bids for asphalt emulsion erroneously omitted the amendment item submitted by Central Asphalt, Division of Suit-Kote Corp., which would allow Central Asphalt to sell asphalt emulsion to the towns, and
WHEREAS, it was the intention of the Legislature and Highway Superintendent to allow the towns to participate.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 142-97 be amended to include the amendment item submitted by Central Asphalt, Division of Suit-Kote Corp., as part of their asphalt emulsion bid.
VOTE: Passed 6-0.
RESOLUTION NO. 195 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE CONTRACT WITH NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR GRANT FUNDS - SHERIFF'S DEPARTMENT
BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a contract with New York State Division of Criminal Justice Services for a navigation grant in the amount of $12,000; subject to approval by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 196 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE ACCOUNT CREATION AND EXPENDITURE FOR CAPITAL PROJECT - MENTAL HEALTH
WHEREAS, the Office of Alcoholism and Substance Abuse Services has provided Schuyler County with additional funds in the amount of $75,000 to be applied to the building project, and
WHEREAS, it is advantageous to the County to pay invoices directly to the contractors, so as not to draw additional funding down on the bond, thereby reducing the risk for the County.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes the expenditure of funds to contractors or the Community Services Board for the building project in an amount not to exceed $75,000, and
BE IT FURTHER RESOLVED, that since the contracts are not with the County of Schuyler that any requests for payment should be accompanied with an assurance that these costs have not previously nor will they be later submitted for payment from other funds that are available for paying the costs of this project and in the case of a final payment to a contractor that the approval of the architect should also be included, and subject to the written approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to create an account to process these invoices, and
BE IT FURTHER RESOLVED, that the Mental Health Department budget be amended as follows:
+$75,000 Revenue account no. 4310-3490
+$75,000 Appropriations account no. 4310.327
VOTE: Passed 6-0.
REPORT ON STANDING COMMITTEES: Legislator Burnside reported on the Public Safety/Criminal Justice Committee. After much discussion a poll of the Legislature was taken to determine whether the security system should remain the same or whether the county should look into other options. The poll was in favor of leaving the security the way it is. The vote was seven ayes to one no. No: Halpin.
MOTION by Legislator Burnside to record this poll as official, SECOND by Legislator Young. Legislator Fitzsimmons stated that the county does not offer the same to schools and other outside county departments. With that in mind and all of the discomfort created, the employees have requested our support and they have his. Legislator Hastings said she feels the same way, there are more serious problems to deal with, let's leave it alone. Legislator Burnside said he has been approached and has heard many arguments, the county has to protect the employees in this building. Acting Chairman Franzese said she is glad this is a final vote. Motion carried six ayes to zero noes.
Legislator Burnside reported on the Governmental Operations Committee. They have hired Thomas Bloodgood as the new Real Property Tax Director and he will be on board July 14, 1997. He also reported that the DMV renovations are coming along nicely.
Legislator Burnside reported on the Public Works Committee for Legislator Young. He stated that Legislator Hastings and himself have been sharing the committee responsibilities. Legislator Hastings said that it is nice to see Legislator Young back. Legislator Burnside said that interviews will be a week from tomorrow. Legislator Hastings said that the highway employees are a great bunch of men and are doing a great job.
Legislator Fitzsimmons reported on the Community Development and Natural Resources Committee. There has been a donation from the Rotary Club in the amount of $5,000 for the Seneca Harbor Park project. Twenty five years ago they gave a similar donation to the Schuyler Hospital.
MOTION by Legislator Burnside for the Chairman to write a thank you letter to the Rotary, SECOND by Legislator Fitzsimmons. Motion carried six ayes to zero noes.
Legislator Fitzsimmons also noted that on Wednesday, May 14, 1997 at 7:00 p.m. there will be a Public Hearing on the Brineline Project held at the Watkins Glen Elementary Auditorium. The general time table was to close a month ago. The Chairman of the Legislature requested an extension which has been granted to May 19th, 1997. The Federal Energy Regulatory Commission (FERC) is unable to do the hearing so the County has decided to hold one. Acting Chairman Franzese urged the public to attend and speak out.
Legislator Hastings reported on the Agricultural & Farmland Protection Agency. She said the Avoca brineline project is still a discussion. Tom Brace at Soil and Water Conservation District reported that they have planted a total of 30,000 willow trees along Catharine creek. She also reported that applications for streambank repairs are coming in.
Legislator Hastings reported on the Health Services Committee. She said the increase in aide services has become a burden, there are too many requests for the office to handle. The resolution on tonight's agenda was to hire the Falls Home as back up. She reported that the Mental Health's Open House was a success, the county has a dedicated Director.
Legislator Hastings reported on Human Services Committee. She informed the public that the Office for the Aging will be holding their senior dinner dance on Tuesday, May 20, 1997. She reported that the Department of Social Services (DSS) will be holding a public forum to discuss the situation on Public Assistance and where the county will be in the next five years. Anne Balch is working on having the State Commissioner of DSS attend the public forum. She said the Children's Services Task Force has been discussing the changes in government. The Children Services format seems to be changing. Any requests from the community will be brought to the Legislature for action. The local Neighborhood Justice office has closed.
Acting Chairman Franzese reported that she attended the Albany meeting in April on Health Care. The Governor is to distribute $22 million to counties for fiscal relief to relieve the burden. Schuyler County will receive $5,934. She then read aloud a letter from State Representatives on Medicaid. Legislator Fitzsimmons stated that the State needs to know that per capita distribution hurts our county and sharing revenues is unfair.
NEW BUSINESS: Acting Chairman Franzese announced there are handouts available on the health care surcharge.
PUBLIC PARTICIPATION: Casey Creamer wanted to know what WOW stood for in Resolution No. 171. Legislator Fitzsimmons told him "Working on Wellness". He explained that it is following the guidelines of the Heart Institute to promote education to employees and to enhance their well being and keep health care costs down. Acting Chairman Franzese told the public that on May 21, 1997, Employee Health Awareness Day, a legislator has offered to help by participating in a fitness tape and the participants will be put in a drawing for some free movie tickets. Acting Chairman Franzese stated that she has asked the Chairman of the Public Safety/Criminal Justice Committee to research a Local Law forbidding any weapons to come into the building.
Fred Yahn wanted to know where the extra $5,000 came from for the new Real Property Tax Director's salary. Legislator Burnside explained that they have to hire in the Min to Mid range of salary and they decided to go with Mid because of his experience.
The meeting adjourned at 8:28 p.m.
Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk
The meeting was called to order at 7:00 p.m. by Chuck Franzese, Chairman of EMC.
Legislator Franzese welcomed everyone and read the letter that Chairman Halpin wrote to FERC. She then introduced Legislator Fitzsimmons, Legislator Thurston, Legislator Hastings, and Judy Phillips.
Chuck introduced Mary German and Jim Murphy as EMC members in attendance. Chuck reported that he originally invited representatives from Avoca Natural Gas to attend tonight to answer questions, but was told that the ownership of Avoca Natural Gas is revisiting the project goals and would not provide any representatives to any public hearing until further notice (as of tonight there have been no changes to this policy). The purpose of tonights meeting is not to educate people of what the project is doing or not doing, only to get concerns to get to FERC before the May 19th deadline, advising them of any concerns we have with the project proceeding without a full environmental impact statement. Please limit comments to issues of importance to the community as far as impacts on the environment, agriculture, wood lots, natural resources, cultural resources, and the merits of the project financially. The intentions of the owners to convert the brine line to a gas line really are not an issue unless we can tie them to these other environmental type issues because that is the intent of the comment period. Any issues relating to the corporation should be addressed to them directly.
Chuck stated that on the radio this morning they quoted the docket number, it has since changed, the docket number is now CP94-161-007.
Chuck put up a map on the overhead projector to show the area that the brine line would cover. Stated that he has not received any official mapping from Avoca. The only information he has is what he has read in the media. Showed a brief overview of how the construction would go. (A basic diagram - no specifics). The only schedule that he has seen refers to starting in mid July. The next step (as he understands it from FERC) is to either give them a permit to go ahead or tell them no. We intend to submit letters to request an environmental impact statement.
Questions asked were - where do we find out exactly where the pipeline will be going through the properties? Chuck stated that he has requested this - and can't get any information. Another attendant stated that was his concern and he feels that this whole process is ridiculous because no one knows whose property it is going to cross. Another asked WHEN will we receive the proper information to pass along to everyone here - because we need to have the knowledge to ask questions. Chuck doesn't disagree, however he has no control over this. He has requested the information, he just hasn't received anything. Therefore we can only comment on our concerns. Maybe FERC should receive 40 letters from this meeting asking how comments can be made on something we have no information on.
At this point, Chuck proceeded to the comment period.
COMMENTS:
Legislator Thurston - stated that he was impressed by the folks that are here. He stated that he was representing 3 separate entities at this hearing. As a legislator for District II he has received several comments in regards to the same questions that we have heard here this evening. Stories are different - we are not getting the truth, not getting all the information we need. As a legislator he represents his constituents in which they have been very vocal and opposed to this project. Second, as a director of a multi-million dollar business in Schuyler County (Watkins Glen International) which they will be coming along their property lines. Thirdly, as an emergency manager for 27 years, when originally talked with NYSEG about their emergency plans for their recent gas line project, they were very up-front about explaining check valves, shut off valves, leak detection, pressure relief valves, loss of pressure and alarm systems and who they would notify. It was a very elaborate monitoring system which NYSEG was doing when they constructed their natural gas line. He has been to several meetings (about the brine line) and met with several different people, none of which were the same and none of which could offer that kind of assurance from an emergency management standpoint that they had this system in place. Being an emergency manager, we know how to manage natural gas, LP, liquid petroleum gas - we visited with Texas Eastern and are comfortable with what they have and their response with them. I submit that there is nothing in an emergency management textbook that can handle a leak, a fracture, a rupture, or any type of thing involving a brine line. Our aquifer is in trouble, our water table is in trouble. I don't know how we would react to that. I know how we would react to natural gas (we have done that in the past). WGI depends on pure water to take care of the three hundred thousand plus customers they take care of every year. I want to know what their plans are, are they going to be able to detect leaks, are they going to be able to respond in kind to a line fracture. As an emergency manager, I want to know what we can do. I have not been able to get those answers. I am not opposed to anything as long as (a.) I know what I am dealing with, (b.) I can preplan my response to it, and (c.) I am comfortable that they people doing the job know what they are doing. I have sent an e-mail to FERC and WGI has responded to FERC with questions. Very concerned with our ability to respond to some kind of incident involving this brine line.
Don Brubaker - representing himself and his father. This line he thinks is coming across their land but they don't know. Their only water source is their spring which is very near the surface and they would be disrupted. We don't know - no one has contacted him or his father and until they do, this whole thing should be "canned".
Barb Yunis - attorney for Keuka Properties - owns P & C Plaza in Watkins. First concern is the location - we need to know the exact location of where the pipeline is going. Secondly, we have not received as a corporation proper notice (as well as others) and that needs to be rectified. Third, until such questions are answered, is this process put on hold?
Floyd Haff - member of concerned citizens of the Cohocton Valley. The Concerned Citizens of Cohocton Valley have opposed this project on environmental grounds since its inception. One of our concerns was that there was never an environmental impact statement. Pleased to hear that our Legislature is going to require that. In August of 1994, FERC issued an environmental assessment for the Avoca Natural Gas storage field project. There is a distinct difference between an environmental assessment and an environmental impact study. An environmental impact study is conducted by an agency that is totally divorced from the company. For the environmental assessment that was completed, the company hired all the people to collect the data which was submitted to FERC, and FERC put it together and that is an environmental assessment. Also there are state environmental laws that we feel the company or the State of New York never took advantage of - the SEQR law. The project proposed to construct 5 natural gas storage caverns and salt beds 3500 feet below the ground. They were to be 200 feet long and 80 feet deep. The caverns were to be solution mined using 3 million gallons of water per day, to be taken from 3 wells adjacent to the Cohocton River. Brine created from solutioning was to be pumped 10,000 feet deep through injection wells into porous rock. On September 20, 1994, FERC issued certificates for the project based upon convenience and necessity - they are very important words that give FERC a great deal of power. They determined that the project would not significantly affect the quality of the human environment - other very powerful words - and are really the basis for FERC's power to require that a project be undertaken. The Steuben IDA accepted the project, saving the company sales tax and establishing a PILOT (payment in lieu of taxes) schedule. The Susquehanna River Basin Commission and the DEC held a hearing on 12/13/94. Approximately 2 people out of 200 spoke in support of the project. There was also an IDA hearing before they accepted the project. The research and development of the project has been flawed. Five disposal wells which were drilled (of the six planned) failed to accept the brine as anticipated. The sea salt beds which were the approved beds for the cavern formation proved to be shallower than thought and the company requested to be allowed to construct six caverns instead of five and asked permission to use another layer of salt if necessary. A 48-hour water pumping test, according to the hydrological estimates, showed that the pumping would not affect the aquifer. Now remember we are pumping 3 million gallons of water per day for 3-5 years. Some wells went down 2 feet and the Avoca reservoir dropped drastically in the month of testing. The project subsequently asked, and was granted, permission to withdraw water directly from the river. Although opposed by the DEC and area fishermen, a site just below feeder spring streams and just above the trophy trout area was approved for the river intake pump. Also, the company will be able to pump water from the river down to a flow level of 14 cubic feet per second. DEC had estimated that 18 cubic feet per second was really about as low as they should go. This level of pumping that was given to them was opposed by 450 residents in the area and also by the DEC. During the construction of the river pumping station, historic and prehistoric artifacts were unearthed and drainage for the agriculture field where the pumping station is located was impaired. The project has been a trial and error. As of this date, there remain over $20 million of mechanics liens against the work that has been done. They borrowed approximately $124 million for the project. Specific comments relative to the proposed 4/28/97 Avoca Natural Gas amendments - they were originally going to return some of the water so we wouldn't have to pump so much from the aquifer and the river and they have decided that they are not going to do that. We would have certainly preferred that as much water come back as would be possible. Storage of brine in the brine fields rather than to be immediately evaporated provides more possibility of environmental hazard. Originally going to pump it back, pump it to the 2 salt mines and they would evaporate it right that day. It was good to see that Avoca Natural Gas Storage has decided to comply with some of the landowners request. I was pretty pleased with that. We did come over and kind of went with the group from FERC that went around and showed where the brine line was going to go and the thing that kind of impressed me was that some individuals seemed to have gotten their way about where it was going to go and where it wasn't going to go and some individuals didn't. Direction drilling of Hamilton Creek looks like it could solve some of your problems relative to your tourist season, but there are some downsides to directional drilling. It is very expensive and also requires them that there can be little change of where the line goes. So I would think that it might be better all in all not to do the directional drilling if you could avoid some properties where you are going to destroy their water supply. With the ownership of the AKZO plant being in limbo, I'm not sure how the appropriate planning can be conducted. Our organization appreciates Schuyler County's invitation to this hearing. Thank you.
Mary Ruth Sweet - Seneca Lake Pure Water Association - They have general concerns regarding the "dirth" of information about this project that has been made available to the public. When NYSEG had their project and the Guardian Glass Project in Geneva, they seemed to bend over backward to make themselves available to the public. It doesn't seem to be the case on this job. Concerned about the effects 3 million gallons of salt water coming into our watershed daily. Seneca Lake is a drinking water reservoir for up to 70,000 people. We have a specific concern about potential changes to the SPDES permits for Cargill/AKZO regarding how much chloride they are able to discharge into Seneca Lake. We are concerned about the future use of the line in 3 to 5 years. Apparently, Avoca Gas Co. has not definitely ruled out reusing the line and it has been suspected that it may be reused for gas. We would like to hear that that is not in the plan for sure and how feasible it is to run gas through a steel line that has transported salt for 3-5 year.
John Ball - Town of Reading - affected landowner. He has stated concerns in a letter to FERC. The proposed Avoca Pipeline right of way is going right over the NYSEG right away that went over his land last year. He attended a session in Steuben County last month where someone from the NYS Department of Ag and Markets tried to make people aware of things to look out for and one of them was that once a pipeline goes in, there has to be an extended period of monitoring of your land to make sure that it is indeed restored to its prior condition. Often there are problems with drainage and such following that. He is in a situation where he is going to have 2 pipelines coming within 30 feet of each other on the same piece of land. So he asked this individual (Mr. Lacey from Department of Ag and Markets) what would be a bare minimum to monitor a piece of land after a pipeline went through to make sure that all the drainage and such is fully restored to what it should be and he said a bare minimum of 2 years but longer is better. They are proposing putting this pipeline in within one year of when the last pipeline went in on the same piece of land. He is concerned that there hasn't been an adequate monitoring period. Indeed, he does have some drainage issues regarding the NYSEG line so he will never know if major problems come down the road who will be responsible and they will probably fight over it. On his land and some land adjacent to his, the pipeline will be going through a steep ravine that is extremely sandy soil and the hillside is very unstable. Someone from Soil & Water came out and said that he does have reasonable concerns about the stability of the slope so he would like an environmental impact statement addressing this concern. Another concern is that in a different section of the pipeline, they intend to put it along the Conrail right-of-way that will run within about 125 feet of his house and within that distance of the water well. He has very serious concerns about how this will affecting his drinking water. Are there plans in case of emergency? If there are cracks in the line, how will that affect his drinking water or his neighbor's drinking water? In addition, the railroad line itself he is concerned about the construction that will be going on immediately adjacent to the tracks. Any possible disruption to the integrity of the RR track is a great concern. Derailment, or the potential for derailment, is serious business. Another concern is the issue of abandonment after 4-7 years. If completely abandoned, what about maintenance of that pipeline? There won't be anybody looking at this pipeline after 4-7 years? If there is an eventual breakdown of the line or if problems occur with it later, who does he go to if Avoca is completely out of the picture? Whose responsibility is it? If the pipeline is completely abandoned, does that become a conduit for contaminants coming down through the pipeline that leach into the pipeline further up the stream and come down into our lands or into the lakes and watershed. Alternatively, if there is some sort of plan to convert the pipeline to natural gas later on, he would like to know if the pipeline that they propose to build this summer will be built to the standards of a natural gas pipeline. Are there differences to how you engineer a pipeline for brine and for natural gas and will it be built to those standards in anticipation to its possible conversion to natural gas? Because if it is going that close to your house, you need to be sure that there isn't going to be a problem and that it isn't going to explode on you. Also, another issue is AKZO's uncertain future. It is a relevant question to ask here. What if the change in management at AKZO results in changes about how much, or if at all, they are willing to accept brine from Avoca? Then what was the point of this exercise at all? At what stage will that decision come about if there is a change in the process of making the lines, if all of a sudden it gets abandoned half way through?
Kevin Hughey - County Route 17 - affected landowner. He knows a little bit more about this project because it appears that they (the Hughey's) are the only way that Avoca could get into the southern end of town to Cargill. They have had Avoca representatives on their back since the first of November. When Avoca first came and asked if a couple people could come through and look at the feasibility of a pipeline they said it was kind of a "pie in the sky" idea and that it was way down the road and this was just preliminary. The first day 12 people showed up (archeologists, biologists, watershed people). It became very clear that this was not preliminary. At that point, we took a harder line with these people and became less cooperative. Since they applied for the permit to build this thing in February and very few people knew about it, the period to intervene or comment or protest expired. It seems like a very sneaky and underhanded proposition. Personally, it will affect our whole hillside and affect our water system as well as our neighbors. They have hit every water source we have. We have three sources of water and Avoca Natural Gas has hit all three of them. They also want to do a directional drill behind the Hughey house that will go down the "bluff" coming into Watkins Glen. If they do that, whenever they play with that cliff or Route 414, it will affect their drinking water. Whenever that shale is damaged, it affects their water. Sometimes that takes 5 years to seal back up and bring their water table back up. They want to drill from behind his house, under Route 414, Route 14 and under the P&C Plaza and come up somewhere across from the Ambulance Corp on county property. We are afraid that could act as a drain from behind their house. There is a sink hole by Chedzoy from a directional drill. The maps are very sketchy and they seem to change their ideas. That 007 on the application means that is the 7th time they have changed their minds. The last map he received had a dotted line going right through his house. This project has the capability of wiping them right out. His family has been there about 150 years and would like to stay there. He is opposed to this and has been fighting this since November. They did tell him twice that this looked like a bad idea and they would leave him alone and then the next map he received, it was still going right over his house. So it does not sound like they are going to be leaving him alone.
Beverly Coates - Lovers Lane - The big ravine - part of that belongs to them. NYSEG just went through there. Avoca said that they would be going the length of their property which means it will be running along the creek. This creek is a spring-fed creek which can go from a little trickle that you can hardly see to a raging torrent. It is called Big Hollow Run. They have had boulders floating in the creek when they have had bad storms. She is concerned because NYSEG has already been back twice to deal with problems caused by their crossing of this creek and it is starting to cave-in in places. She is wondering how deep this pipeline will be? Will it crack because of the water pressure and it is going directly into the lake? She is maybe 2 miles from the lake and when they mess with it going the length of their property being that it is a deep gully with a 20-30 foot waterfall at the end of their property toward Route 14, she is concerned with that taking the whole valley right with it. If it starts to erode what is going to happen with that dirt and trees and what else will be going into the lake besides what is in the pipeline itself?
Chuck made sure that everyone present had the address if they wanted to send their comments independently.
Legislator Thurston asked what is the next step? Let's say our comments go before FERC and they grant Avoca exclusive rights to do this. Are there any legal steps that we can take? Chuck doesn't know how to answer that. He did read an excerpt from the April 28, 1997, Notice of Amendment - extension of time.
The first thing we should do is get all these comments on file with FERC.
Mary German - can the county ask for an environmental impact statement and each municipality affected file an action through SEQR to slow this down?
Bob Trader was curious about how many miles long this pipeline would be. Chuck stated that it was in the 40-45 mile range and it varies from 6 to 8 inches in width.
Kevin Hughey stated that he believes it is 10 inches all the way from Avoca to Conrail just outside Watkins Glen, then 8 inches to AKZO, and then 6 inches to Cargill or vice versa.
Legislator Franzese pointed out some dignitaries in the audience. Robin Drum from Senator Bacalles office, and Pat from Senator Kuhl's office. Thank you to our Steuben County neighbors for attending tonight.
Legislator Hastings stated that she is concerned about the farmers. One of the distressing things as a legislator is that we have been fed so many definitions of this project. As a legislature, we do not have a clear picture. One of the things that we have heard is that the salt plants in Schuyler County do not need the brine. If the salt plants do not need the brine, and environmentally we will be hurt in so many directions, it is a great concern to the Schuyler County Legislature and she feels that the federal government should take these concerns under advisement also.
Chuck - thanked everyone for showing up tonight. The Legislature and EMC will be filing these comments with FERC and requested that they ask for a full environmental impact statement. We will report back to all individuals present through our press. Thank you for attending.
The meeting adjourned at 8:07 pm.
Robin D. Thoman, Personal Secretary
The June 9, 1997 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Halpin at 6:30 p.m. The Pledge of Allegiance was led by Legislator Hastings and followed by a Moment of Silence. Roll Call: All Legislators were present except Legislator Burnside who was excused. County Attorney Coleman was also present.
PUBLIC PARTICIPATION: Casey Creamer wanted to know how many meetings legislators are expected to attend and what happens when they do not. Chairman Halpin explained that there are rules set for the Legislature that state legislators have to attend at least 50% of their meetings. It is the Chairman's responsibility of that committee to notify the Chairman of the Legislature of the absenteeism. The Chairman then will ask the legislator for a solution to the attendance problem. If no solution, the Chairman can then fill that position on an interim basis with another legislator.
Sue Brill asked if there was a plan yet for the Mental Health/Public Health merger. Chairman Halpin explained that there was a Legislative Committee Meeting held on Tuesday, June 3, 1997 at 3:30 p.m. and that was the main discussion. Sue stated that this whole issue of not having a plan is not fair to Duane. Chairman Halpin said that Duane knows what they are looking for with this merger.
Casey Creamer asked about Resolution No. 222 on the Ecotourism Project. Legislator Fitzsimmons said he is happy to promote this project, there is an effort in the community to do so.
PUBLIC HEARING AT 7:00 P.M.: LOCAL LAW NO. 3 OF THE YEAR 1997 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS - AS AMENDED: Casey Creamer asked if this Local Law goes into effect, will there be no raises after the year 2001. The Chairman explained that a Local Law is always subject to a referendum if salaries are being set in the middle of a term. Legislator Hastings stated that there was a motion for a 2% increase for all elected officials. She said those who work for the county and are in the union receive increases. She asked the public how they felt about them getting an increase. Tom Ryan felt they should at least receive a cost of living increase. The Chairman stated that the deadline for this Local Law is ninety days before the primary.
RESOLUTION NO. 197 Motion by Thurston, Second by Franzese.
RE: APPROVE MINUTES OF THE APRIL 14, 1997 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the April 14, 1997 Regular Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 7-0.
RESOLUTION NO. 198 Motion by Franzese, Second by Fitzsimmons.
RE: AUTHORIZE AGREEMENT WITH COMPREHENSIVE DRUG ENFORCEMENT & EDUCATION GRANT FOR THE SCHUYLER COUNTY SHERIFF'S DEPARTMENT
WHEREAS, the Division of Criminal Justice Services has made up to $8,900 grant money available to the Schuyler County Sheriff's Department, and
WHEREAS, the Schuyler County Sheriff's Department needs to continue its enforcement and education program.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature, the Schuyler County Sheriff and any other County Official required to sign the application for monies available from the New York State Division of Criminal Justice Services be, and hereby are, authorized to execute said applications and any subsequent acceptance agreements, subject to approval by the Schuyler County Attorney.
VOTE: Passed 7-0.
WITHDRAWN
RE: AUTHORIZE FUNDS FOR PURCHASE OF COMPUTER - EMERGENCY MANAGEMENT
WHEREAS, the computer currently used by the Office of Emergency Management does not have sufficient memory and functions, and the Computer Coordination Committee recommends updating the system, and the Public Safety/Criminal Justice Committee agreed with that recommendation.
NOW, THEREFORE, BE IT RESOLVED, that the Purchasing Agent be authorized to order a new computer for the Office of Emergency Management at a cost not to exceed $2,000, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to transfer the sum of $500 from account no. 3689.200 to account no. 3689.207-3680.
RESOLUTION NO. 199 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE PURCHASE OF MATERIALS/TRANSFER OF FUNDS FOR BULL DOZER REPAIR - HIGHWAY
WHEREAS, the Highway Superintendent has recommended that a bull dozer in the Highway Department that needs repair, be repaired in-house versus shipping out, to save money, and
WHEREAS, this is an unappropriated expense of approximately $9,000.
NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to purchase the necessary parts for reparation of the bull dozer in-house at an approximate cost of $9,000, to be taken from Machinery account no. 5130.438.
VOTE: Passed 7-0.
RESOLUTION NO. 200 Motion by Fitzsimmons, Second by Hastings.
RE: ACCEPT QUOTE FROM R. & L. PERRY CONSTRUCTION, INC. FOR SENECA HARBOR PARK IMPROVEMENTS
WHEREAS, the Building Maintenance Supervisor has solicited quotes to scarify, regrade, compact, and dust control the parking lot at Seneca Harbor Park, and
WHEREAS, the County Highway Superintendent has offered to pay for the expense out of monies in his 1997 budget.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the quote from R. & L. Perry Construction, Inc. to scarify, regrade, compact and dust control the parking lot at Seneca Harbor Park in the amount of $3,875.00, to be paid from Maintenance of Road account no. 5110.510.
VOTE: Passed 7-0.
RESOLUTION NO. 201 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE LEASE AGREEMENT WITH NATIONAL ASSOCIATION OF PARTNERS IN EDUCATION (NAPE) - BUILDINGS AND GROUNDS
WHEREAS, Finger Lakes DDSO will be terminating their lease agreement for office space at the Rural Urban Center effective June 30, 1997, and
WHEREAS, National Association of Partners in Education (NAPE) has requested office space at the Rural Urban Center, NAPE being a non-for-profit organization.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to sign a lease agreement with NAPE for 332 square feet of office space at the Rural Urban Center at $9.00 per square foot, effective July 1, 1997 and terminating December 31, 1998; subject to approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 202 Motion by Franzese, Second by Fitzsimmons.
RE:
APPROVE SALE OF SURPLUS HIGHWAY PROPERTY IN THE VILLAGE OF MONTOUR FALLS
TO DOYLE D. DAVIS, JR.
WHEREAS, Schuyler County has title to surplus excess highway property located in the Village of Montour Falls, and
WHEREAS, Doyle D. Davis, Jr., adjoining property owner, has requested to purchase the remaining excess highway property that abuts his property in accordance with Highway Law Section 118a, and
WHEREAS, by Resolution 16-97, the County agreed that the property was surplus and requested NYS DOT to release their maintenance jurisdiction, which they have done, and
WHEREAS, the Schuyler County Real Property Tax Office has appraised the property as having a fair market value of $460.00.
NOW, THEREFORE, BE IT RESOLVED, that NYS DOT Surplus Property Case #06-III-212, Montour Falls, S.H. 5160, Schuyler County Map 1C, Parcel 53 be conveyed to Doyle D. Davis, Jr. by Quitclaim Deed for the sum of $460.00 and all recording costs and fees, and the Chairman of the Legislature be hereby authorized and directed to sign the appropriate deed and all other necessary papers to effectuate the conveyance upon receipt of the purchase price and receipt of all conveyancing documents from the County Attorney's Office.
VOTE: Passed 7-0.
RESOLUTION NO. 203 Motion by Franzese, Second by Fitzsimmons.
RE:
APPROVE SALE OF SURPLUS HIGHWAY PROPERTY IN THE TOWN OF READING TO WILLIAM
A. AND SONJA B. MUCCI
WHEREAS, Schuyler County has title to surplus excess highway property located in the Town of Reading, and
WHEREAS, William A. and Sonja B. Mucci, adjoining property owners, have requested to purchase the remaining excess highway property that abuts their property in accordance with Highway Law Section 118a, and
WHEREAS, by Resolution 15-97, the County agreed that the property was surplus and requested NYS DOT to release their maintenance jurisdiction, which they have done, and
WHEREAS, the Schuyler County Real Property Tax Office and the Schuyler County Legislature have confirmed the property as having a fair market value of $750.00.
NOW, THEREFORE, BE IT RESOLVED, that the property described in NYS DOT Surplus Property Case #06-III-098, Watkins-Yates County Line, S.H. 5334, Town of Reading, Schuyler County Map 4C, Parcel 151 be conveyed to William A. and Sonja B. Mucci by Quitclaim Deed for the sum of $750.00 and all recording costs and fees, and the Chairman of the Legislature be hereby authorized and directed to sign the appropriate deed and all other necessary papers to effectuate the conveyance upon receipt of the purchase price and receipt of all conveyancing documents from the County Attorney's Office.
VOTE: Passed 7-0.
RESOLUTION NO. 204 Motion by Franzese, Second by Fitzsimmons.
RE: DESIGNATION OF COMPANY TO PROVIDE LONG DISTANCE TELEPHONE SERVICES - ALL DEPARTMENTS
WHEREAS, considerable research has been done on long distance carriers in hopes of saving the county money on its long distance bills, and
WHEREAS, it is the recommendation of the Building Maintenance Supervisor to opt with AT & T Long Distance as Schuyler County's long distance telephone company.
NOW, THEREFORE, BE IT RESOLVED, that AT & T be designated as the company to provide long distance calling services for all County departments in the County of Schuyler, and
BE IT FURTHER RESOLVED, that in July, 1998 the Building Maintenance Supervisor will report to the Public Works Committee any savings as a result of this designation.
VOTE: Passed 7-0.
RESOLUTION NO. 205 Motion by Fitzsimmons, Second by Thurston.
RE: APPOINTMENTS - SCHUYLER COUNTY PLANNING COMMISSION
BE IT RESOLVED, that the Schuyler County Legislature hereby approves the following appointments to the Schuyler County Planning Commission effective immediately and terminating December 31, 1997:
VOTE: Passed 7-0.
RESOLUTION NO. 206 Motion by Fitzsimmons, Second by Thurston.
RE: CONTRACT - SCHUYLER-CHEMUNG-TIOGA B.O.C.E.S. TO PROVIDE SEIT (SPECIAL EDUCATION ITINERANT TEACHER)
BE IT RESOLVED, that the Chairman of this Legislature is hereby authorized to execute a contract with Schuyler-Chemung-Tioga B.O.C.E.S. to provide services to preschool handicapped children through its preschool SEIT program under Section 4410 of the Education Law from 5/1/97 through 6/30/98, at a rate to be set by the NYS Education Department; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 207 Motion by Fitzsimmons, Second by Thurston.
RE: APPROVE APPLICATION FOR REFUND OF TAXES - MEAD - TOWN OF ORANGE 1995-96 LEVY
WHEREAS, the Real Property Tax Agency has received an application for a refund of taxes for tax map number 71.-1-9.1, in the Town of Orange, due to an error in essential fact, RPTL Section 550 (3). In reference to the recommendation which is on file in the Legislative Office, taxes billed should have been based on an assessment of $22,900, not $24,200, and
WHEREAS, it is the recommendation of the Real Property Tax Assistant and the Governmental Operations Committee that said applications 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 applications.
BE IT FURTHER RESOLVED, that the County Treasurer should make adjustments accordingly and refund the extra taxes paid, the amount of $100.98, and charge back to the Bradford Central School District $41.59, and $19.48 to the Town of Orange and $14.01 to Interest and Penalties.
ORANGE 29.-1-4.1 '96 TAX ROLL BILL #138
1995 ROLL CORRECT
ASSESSMENT ASSESSMENT
LAND 4,100 TAX AMT. 3,100
TOTAL 24,200 RATE PAID 22,900 REFUND
CTY: 24,200 19.9206 482.08 22,900 1.3 x 19.9206 = $ 25.90
TWN: 24,200 12.8317 310.53 22,900 1.3 x 12.8317 = 16.68
FD9: 24,200 2.1527 52.10 22,900 1.3 x 2.1527 = 2.80
BCS: 24,200 31.3583 828.23 22,900 1.3 x 31.3583 = 41.59*
'95-'96 (+Late fee) $1,672.94 Interest & Penalties = 14.01
*This includes a penalty of 2% ($.81) $100.98
VOTE: Passed 7-0.
RESOLUTION NO. 208 Motion Hastings, Second by Fitzsimmons.
RE: AUTHORIZE CLEANING AGREEMENT WITH BUILDINGS AND GROUNDS DEPARTMENT - MENTAL HEALTH
WHEREAS, the County investigated having the Buildings and Grounds Department clean the new Mental Health building versus contracting with Schuyler Arc for the service, and
WHEREAS, it is the recommendation of the Health Services Committee, as well as the involved parties, to have the County's Buildings and Grounds Department provide the cleaning services for the new building, and
WHEREAS, this increase in cleaning space requires additional personnel in the Buildings and Grounds Department, and
WHEREAS, the new contractual arrangement will increase the Buildings and Grounds revenues by $12,553.53 for 1997, and
WHEREAS, during the investigation period, the two 19-hour per week Cleaners' hours were increased temporarily to 29 hours per week, and
WHEREAS, the cost for the temporary increase in hours of the Cleaners ($1,589.00), and the additional personnel required for cleaning the new building ($6,039), was not appropriated in the Buildings and Grounds 1997 budget.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an agreement between the Buildings and Grounds and Mental Health Departments for the provision of cleaning services for the building at 106 S. Perry Street; subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that one of the two 19-hour per week Cleaners in the Buildings and Grounds Department remain at 19 hours per week and the second 19-hour per week Cleaner's hours be increased to 40 hours per week effective immediately, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $7,628.00 from Contingency account no. 1990.5 to Buildings and Grounds account no. 1620.100.
VOTE: Passed 7-0.
RESOLUTION NO. 209 Motion by Hastings, Second by Fitzsimmons.
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 1997-1998 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 1997/1998 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 1997-1998, and
BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature be, and hereby is, authorized to file a certified copy of this Resolution with appropriate bodies including, but not limited to, the Schuyler County Chamber of Commerce.
VOTE: Passed 7-0.
RESOLUTION NO. 210 Motion by Fitzsimmons, Second by Franzese.
RE: AUTHORIZE TRANSFER OF FUNDS FOR PURCHASE OF MODEM - LEGISLATIVE OFFICE
WHEREAS, the Legislative needed to purchase a modem for the use of the Internet/Web Page.
NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be authorized to transfer $170.90 from legislative account no. 1010.401-miscellaneous to legislative account no. 1010.207 to cover the cost of the aforementioned purchase.
VOTE: Passed 7-0.
RESOLUTION NO. 211 Motion by Fitzsimmons, Second by Franzese.
RE: RESCIND RESOLUTION NO. 128-97 ESTABLISHING A PROCEDURE FOR HANDLING UNION CONTRACT INQUIRIES
WHEREAS, Resolution No. 128-97 established a procedure for handling union contract inquiries, directing all such questions to be referred to the Clerk of the Legislature, and
WHEREAS, it is the recommendation of the Clerk of the Legislature that the procedure is cumbersome and adds to the process for resolving union contract questions, creating more time spent on such issues instead of less.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby rescinds Resolution No. 128-97, and directs all union contract related questions be referred to the Personnel Director as done in the past.
VOTE: Passed 7-0.
MOTION by Legislator Hastings to table Resolution No. 212 in order to do more research, SECOND by Legislator Thurston. Motion carried six ayes to seven noes. No: Franzese.
RESOLUTION NO. 212
RE: AUTHORIZE LETTER OF OPPOSITION TO ASSEMBLY BILL 5910 RELATING TO SUBDIVISION 6 OF SECTION 201 OF THE CIVIL SERVICE LAW- TABLED
WHEREAS, the County is in receipt of a letter from the Putnam County Executive asking Schuyler County to oppose Assembly Bill 5910, and
WHEREAS, Assembly Bill 5910 is an act to amend the Civil Service Law, in relation to including both the Sheriff and the County in those counties where the Sheriff is an elected position within the meaning of "government" or "public employer" for the purposes of the public employees' fair employment act, and
WHEREAS, this legislation designates the Sheriff as a joint public employer of all deputies, which is believed to severely impede the collective bargaining process with the Deputy Sheriffs Association, and
WHEREAS, it is the recommendation of the Management & Finance Committee that the Legislative Chairman be authorized to write a letter in opposition of Assembly Bill 5910.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to join Putnam County in its campaign opposing Assembly Bill 5910 by writing a letter to Assemblymen Eric N. Vitaliano and James Bacalles stating Schuyler County's opposition to the Bill.
RESOLUTION NO. 213 Motion by Franzese, Second by Fitzsimmons.
RE: AUTHORIZE LETTER OF ACKNOWLEDGMENT FOR CULTURAL ARTS FESTIVAL
WHEREAS, the County wishes to acknowledge the tremendous effort that went into the Cultural Arts Festival, and express its support for enrichment of the community by activities such as this.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Legislative Chairman to write a letter of gratitude and acknowledgment to Amy Opperman who initiated and took the lead for the Cultural Arts Festival held on May 18, 1997, and thanks the many other volunteers who helped make the event such a huge success.
VOTE: Passed 7-0.
RESOLUTION NO. 214 Motion by Franzese, Second by Fitzsimmons.
RE: APPROVE APPLICATION FOR REFUND OF TAXES - GALEK - TOWN OF TYRONE 1996-97 LEVY
WHEREAS, the Real Property Tax Agency has received an application for a refund of taxes for tax map number 29.-1-4.1, in the Town of Tyrone, due to a clerical error, RPTL Section 550 (2)(a). Taxes billed should have been based on an assessment of $32,300, not $46,600, and
WHEREAS, it is the recommendation of the Real Property Tax Assistant and the Governmental Operations Committee that said applications 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 applications, and
BE IT FURTHER RESOLVED, that the County Treasurer should make adjustments accordingly and refund the extra taxes paid, the amount of $416.69, and charge back to the Dundee School District $198.89, and $63.21 to the Town of Tyrone.
TYRONE BILL #470 29.-1-4.1 AG. BLDG. EXEMPTION 41700= 28,061
1996 ROLL CORRECT
ASSESSMENT. ASSESSMENT*
46,600 32,300
TAXABLE TAX TAX TAXABLE CORRECT REFUND:
ASSESSMT. RATE PAID ASSESSMT. TAX:
CTY: 18,539 10.810915 200.42 4,239 45.83 154.59
TWN: 18,539 3.014450 55.88 4,239 12.78 43.10
WFD: 46,600 1.406688 65.55 32,300 45.44 20.11
DCS: 18,539 13.908436 257.85** 4,239 58.96 198.89
$416.69
* See the Assessment Disclosure notice copy which is on file in the Legislative Office.
** Amount was confirmed by phone with Caroline Sullivan, DCS Business Manager, 5/14.
VOTE: Passed 7-0.
RESOLUTION NO. 215 Motion by Young, Second by Fitzsimmons.
RE: ACCEPT/REJECT BIDS FOR THE TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FOR THE PERIOD 1/97-6/30/98
WHEREAS, Resolution No. 113-97 authorized advertising for bids for transportation of preschool handicapped children, and
WHEREAS, bids were received and opened at the June 2, 1997 Management & Finance 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, 1997 to June 30, 1998 in the amount of $40.00 per child per day be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from Frank Pierce Early Childhood Center, SCT BOCES-Horseheads, U.C.P and Yates Arc from July 1, 1997 to June 30, 1998 in the amount of $105 per child per day plus $5.00 for each additional child be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from Schuyler Arc for transportation of preschool handicapped children to and from SCT BOCES-Watkins Glen from July 1, 1997 to June 30, 1998 in the amount of $70 per child per day plus $5.00 for each additional child be, and hereby is, accepted, and
BE IT FURTHER RESOLVED, that the bid from Birnie Transportation be hereby rejected, and
BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and
BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, subject to the approval of the Schuyler County Attorney.
VOTE: Passed 7-0.
RESOLUTION NO. 216 Motion by Young, Second by Fitzsimmons.
RE: ACCEPT/REJECT BIDS FOR PROPERTIES ACQUIRED FOR TAXES
WHEREAS, Resolution No. 166-97 authorized advertisement for bids for properties the County has acquired for taxes, and
WHEREAS, bids were received and opened at the June 2,1997 Management & Finance Committee meeting.
NOW, THEREFORE, BE IT RESOLVED, that the bid received for Tax Map #86.-3-29 from Joseph P. Ottati, 4590 State Route 414, Burdett, NY 14818 in the amount of $2,600.00 be hereby accepted, and
BE IT FURTHER RESOLVED, that the bid received for Tax Map #12.-1-22.112 from Richard Munroe, 3870 Co. Rt. 1, Valois, NY 14888, in the amount of $2,500.00 be hereby rejected.
VOTE: Passed 7-0.
RESOLUTION NO. 217 Motion by Young, Second by Fitzsimmons.
RE: ACCEPT/REJECT BIDS FOR THE REHABILITATION OF COUNTY ROAD 28 BRIDGE, BIN #3332680 CROSSING BIG HOLLOW RUN, TOWN OF READING
WHEREAS, Resolution No. 112-97 authorized advertisement for bids for the rehabilitation of County Road 28 Bridge, BIN #3332680 Crossing Big Hollow Run, Town of Reading, and
WHEREAS, bids were received and opened at the May 19,1997 Public Works Committee meeting, and
WHEREAS, the engineer for the project, LaBella Associates, has reviewed the bids and recommends accepting the bid from Silverline Construction, Inc., and
WHEREAS, $75,000.00 is appropriated in the County Road budget for reconstruction of County Road 28 Bridge.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accept the bid from Silverline Construction, Inc. in the amount of $81,678.00 for the rehabilitation of County Road 28 Bridge, and
BE IT FURTHER RESOLVED, that the following bids be rejected:
Penn Yan Builders, Inc. Pro-Con Contracting, L.L.C.
Wind Sun Construction, Inc. FMW Contracting, Inc.
Schooley Enterprises, Inc. R. & L. Perry Construction, Inc.
Hakes Construction, Inc., and
BE IT FURTHER RESOLVED, that contracts necessary to carry out such services are hereby authorized for signature by the Chairman of this Legislature, subject to the approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to transfer $6,420.00 from Maintenance of Roads account no. 5110.513 (guard rail) and $258.00 from account no. 5110.518 (gravel) to Bridges account no. 5120.525.
VOTE: Passed 7-0.
RESOLUTION NO. 218 Motion by Hastings, Second by Fitzsimmons.
RE: APPOINTMENTS - SCHUYLER COUNTY YOUTH BOARD
BE IT RESOLVED, that the Schuyler County Legislature approves the appointment of the following individuals to the Schuyler County Youth Board effective immediately and for the terms ending as indicated below:
VOTE: Passed 7-0.
RESOLUTION NO. 219 Motion by Hastings, Second by Fitzsimmons.
RE: ACCEPT OFFER TO PURCHASE AND QUITCLAIM PROPERTY TAKEN BY TAX DEED TO NANCY L. McFALL
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 13.-1-22.112, parcel number 401-1614-03 , said property to have been sold by sealed bids to be opened and considered on June 2, 1997, and
WHEREAS, the former owner of record has submitted an Offer to Purchase said property for $1,933.53, 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 Nancy L. McFall, 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 acceptance or rejection of the bids at the June 9, 1997, Regular Meeting of the Schuyler County Legislature , 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. 220 Motion by Hastings, Second by Fitzsimmons.
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, 1996 through March 31, 1997, 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".
VOTE: Passed 7-0.
RESOLUTION NO. 221 Motion by Hastings, Second by Fitzsimmons.
RE: AUTHORIZE LETTER OF GRATITUDE TO CAMP MONTEREY FOR COMMUNITY CONTRIBUTIONS
WHEREAS, the Legislature wishes to acknowledge Camp Monterey for all its contributions to improving Schuyler County.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Legislative Chairman to write a letter of gratitude and acknowledgment to Camp Monterey for its many contributions and improvements to the Schuyler County Community so that we may more fully enjoy the surroundings within which we live.
VOTE: Passed 7-0.
RESOLUTION NO. 222 Motion by Franzese, Second by Thurston.
RE: AUTHORIZE CONTRACT WITH CORNELL COOPERATIVE EXTENSION FOR ECOTOURISM PROJECT
BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Cornell Cooperative Extension for the development of a pamphlet and web page for the promotion of an ecotourism project (to including hiking, biking, bird watching) at a cost of $1,310 to be paid from Other Economic Development account no. 6989.400; contract subject to the approval of the Schuyler County Attorney.
DISCUSSION: Legislator Compton suggested that maybe they should change the name of Ecotourism. Legislator Fitzsimmons stated that this is a fair price and the county is getting more for their money. The County's biggest industry is tourism. Legislator Hastings stated that if it works maybe the Chamber of Commerce would pick up the project.
VOTE: Passed 7-0.
RESOLUTION NO. 223 Motion by Franzese, Second by Thurston.
RE: AUTHORIZE PURCHASE OF LAWNMOWER/TRANSFER OF FUNDS - DOG POUND
EXHIBIT "A"
MORTGAGE TAX DISTRIBUTION AMONG TOWNS AND VILLAGES
OCTOBER 1, 1996 THROUGH MARCH 31, 1997
In Assess Out Assess Total Value Total Dbid. Vill. Sh Town Share Distributi Percentage
Catharine 5,054,834 14,318,316 19,373,150 38,746,300 474.01 3,159.35 3,633.36 13.0460
Cayuta 16,088,129 16,088,129 32,176,258 1,827.94 1,827.94 0.0000
Dix WG 54,186,025 51,269,835 107,282,190 214,564,380 5,226.68 15,293.61 20,696.45 25.2540
Dix MF 1,826,330 176.16 0.8512
Hector 6,315,137 159,703,864 166,019,001 332,038,002 277.62 14,318.93 14,596.55 1.9019
Montour-OD 1,049,816 11,025,109 27,250,473 54,500,946 113.60 4,141.75 5,897.48 1.9262
Montour-MF 15,175,548 1,642.13 27.8446
Orange 20,941,804 20,941,804 41,883,608 2,495.72 2,495.72 0.0000
Reading 7,938,982 52,802,886 60,741,868 121,483,736 290.96 4,161.42 4,452.38 6.5350
Tyrone 86,673,647 86,673,647 173,347,294 6,384.10 6,384.10 0.0000
TOTALS 91,546,672 412,823,590 504,370,262 1,008,740,524 8,201.15 51,782.83 59,983.98 77.3589
APPROVED BY COMMITTEE: /s/ Robert J. Fitzsimmons
Robert J. Fitzsimmons, Chairman
/s/ Angeline B. Franzese
Angeline B. Franzese
/s/ Robert E. Burnside
Robert E. Burnside
/s/ Barbara J. Halpin
Barbara J. Halpin, Ex-Officio
WHEREAS, the lawnmower at the dog pound is in need of extensive repair and it is most cost effective to replace the equipment, and
WHEREAS, the Sheriff has monies in his Dog Control budget for the lease of a truck which has not yet been implemented, which can be applied towards the purchase of a new lawnmower, and
WHEREAS, the purchase of a new lawnmower is an unanticipated expense requiring legislative approval.
NOW, THEREFORE, BE IT RESOLVED, that the Sheriff be hereby authorized to purchase a new lawnmower for use at the dog pound and other county facilities as needed at an approximate cost of $1,700, and
BE IT FURTHER RESOLVED, that the County Treasurer be hereby authorized to transfer $1,700 from Dog Control lease account no. 3510.603 to miscellaneous equipment account no. 3510.201.
VOTE: Passed 7-0.
RESOLUTION NO. 224 Motion by Franzese, Second by Thurston.
RE: AUTHORIZE PURCHASE OF WEAPONS FROM SEIZED ASSETS - SHERIFF'S DEPARTMENT
WHEREAS, due to the hiring of seasonal help and the Court House personnel, the Sheriff is in need of weapons, and
WHEREAS, there are monies available for the purchase of weapons in the Seized Assets account, and
WHEREAS, the weapon purchase in an unappropriated expense requiring legislative approval.
NOW, THEREFORE, BE IT RESOLVED, the Sheriff be hereby authorized to purchase three (3) new weapons and ammunition for the same at a cost of $1,500, said cost to be appropriated against the Seized Assets account.
VOTE: Passed 7-0.
RESOLUTION NO. 225 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE CARPETING IN INVESTIGATORS' OFFICE - SHERIFF'S DEPARTMENT
WHEREAS, the tile floor in the Investigators' Office in the Sheriff's Department is in need of replacement, and
WHEREAS, it is felt carpeting would be more appropriate because the Investigators' do their own cleaning due to the confidential information in their office, and maintaining the cleaning of carpeting would be better maintained than tile flooring, and
WHEREAS, Resolution No. 345-85 requires legislative approval for carpeting in any Schuyler County office.
NOW, THEREFORE, BE IT RESOLVED, that the Building Maintenance Supervisor be hereby authorized and directed to install carpeting in the Investigators' Room of the Sheriff's Department ONLY.
VOTE: Passed 7-0.
RESOLUTION NO. 226 Motion by Fitzsimmons, Second by Hastings.
RE: AUTHORIZE MOBILE WORK CREW PROJECT
WHEREAS, Schuyler County created the Mobile Work Crew in the Department of Social Services in order, among other things, to give public assistance recipients the opportunity to gain employment skills in a work setting, and
WHEREAS, the county has a fleet of county owned vehicles that require routine oil changes, lubrication, tire rotation, washing and cleaning, and other minor routine maintenance, and
WHEREAS, these maintenance services are not currently performed by bargaining unit personnel, and
WHEREAS, the county expends a certain amount of money each year on this routine maintenance, and
WHEREAS, the skills involved in this routine maintenance would be beneficial in the job market and also for the personal maintenance of a vehicle for employment transportation.
NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Department of Social Service Mobile Work Crew, under the auspices of the Buildings and Grounds Department, is hereby authorized to institute a county vehicle maintenance/upkeep program at the Rural Urban Center garage, subject to the approval of the county attorney and code enforcement officer, and
BE IT FURTHER RESOLVED, that this program be instituted on a trial basis for up to one year as a voluntary program for county departments. At the end of the year, the county will evaluate the program to determine whether or not to continue and/or expand the service, and
BE IT FURTHER RESOLVED, that there will be a per car charge back for departments using the service based upon the actual cost of supplies (start-up costs of the project to be covered under 1997 operating budget for the Mobile Work Crew-Buildings and Grounds).
VOTE: Passed 7-0.
RESOLUTION NO. 227 Motion by Young, Second by Fitzsimmons.
RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. 3 OF THE YEAR 1997 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS - AS AMENDED
WHEREAS, a proposed Local Law setting salaries for certain elected officials was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held June 9, 1997, 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. 3/Local Law No. 3 of the year 1997, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and
BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 3/Local Law No. 3 of the year 1997, together with the required text thereof in the official county newspaper.
A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 1998, 1999, 2000, 2001.
Section 1. LEGISLATIVE INTENT
This Local Law is enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salaries of certain elected officials for fiscal years 1998, 1999, 2000, 2001.
Section 2. OFFICIALS/SALARIES
Effective with the first County payroll for fiscal years 1998, 1999, 2000 and 2001 the annual salaries of the following officials are hereby established, to wit:
TITLE 1998 SALARY 1999 SALARY 2000 SALARY 2001 SALARY
Chairman of Legislature $10,000 $10,000
Legislators 5,000 5,000
Sheriff 47,000 47,000 $47,000 $47,000
County Clerk 34,000 34,000 34,000 34,000
District Attorney 32,000 32,000 32,000 32,000
Section 3. EFFECTIVE DATE
This Local Law shall take effect immediately upon the filing with the Secretary of State.
VOTE: Passed 7-0.
RESOLUTION NO. 228 Motion by Fitzsimmons, Second by Franzese.
RE: APPROVE APPROPRIATION OF 1996 FUND BALANCE TO ELIMINATE BORROWING
WHEREAS, this Legislature has given authority to the County Treasurer to appropriate Fund Balance if available to fund the following Capital Projects:
County Route 22 Bridge (Resolution No. 177-96)
Hornby Road Bridge (Resolution Nos. 157-96 & 177-96)
Improvements to County Buildings (Resolution No. 233-96), and
WHEREAS, it would be cost effective to eliminate borrowing for the following projects not previously authorized for funding from Fund Balance:
Fitzpatrick Hill Bridge (Resolution No. 289-95)
County Route 16 Culvert (Resolution No. 290-95).
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the appropriation of 1996 Fund Balance as indicated below:
County Route 22 Bridge $139,095.22
Hornby Road Bridge 167,920.86
1996 Improvements to Co. Bldgs. 78,195.00
Fitzpatrick Hill Bridge 184,930.32
County Route 16 Culvert 84,656.01
TOTAL GENERAL FUND APPROPRIATION $654,797.41
Hornby Rd. Bridge - Sullivan Trail Agmt. $ 34,360.00
TOTAL COUNTY ROAD FUND APPROPRIATION $ 34,360.00
DISCUSSION: Legislator Franzese said she is happy to see this resolution. Legislator Hastings congratulated the Management & Finance Committee and the County Treasurer for a job well done. Legislator Franzese said the fund balance is still at $1.8 million per the report from the Treasurer.
VOTE: Passed 7-0.
MOTION by Legislator Hastings to table Resolutions 229-233, SECOND by Legislator Fitzsimmons. Motion carried seven ayes to zero noes.
RESOLUTION NO. 229
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN - CONSOLIDATION OF MENTAL HEALTH AND PUBLIC HEALTH DEPARTMENTS - TABLED
WHEREAS, the Schuyler County Legislature approved the concept of consolidating the administration of the Mental Health and Public Health Departments per Resolution No. 415 of 1996 , and
WHEREAS, a plan to reorganize the two departments was submitted to and approved by the NYS Department of Mental Hygiene and by the NYS Commissioner of Public Health for a trial period of eighteen months, and
WHEREAS, in order to accomplish the above stated objective, it is necessary to amend the Schuyler County Management/Confidential Salary Plan.
NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan shall be amended by the changes on pages seven through fifteen which are on file in the Legislative office, and
BE IT FURTHER RESOLVED, that the Factor Rating Chart shall be amended to reflect these changes effective this date and shall be included as page 16 of the Salary Plan.
RESOLUTION NO. 230
RE: CREATE AND FILL POSITION OF DEPUTY PUBLIC HEALTH DIRECTOR - TABLED
WHEREAS, the Schuyler County Legislature approved the concept of consolidating the administration of the Mental Health and Public Health Departments per Resolution No. 415 of 1996 , and
WHEREAS, a plan to reorganize the two departments was submitted to and approved by the NYS Department of Mental Hygiene and by the NYS Commissioner of Public Health for a trial period of eighteen months.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby create the position of Deputy Public Health Director and request it be classified non-competitive, said position having been so titled by the Civil Service Commission, and
BE IT FURTHER RESOLVED, that the Legislature does authorize the filling of the position of Deputy Public Health Director, salary to be established, in accordance with the Schuyler County Management/Confidential Salary Plan.
RESOLUTION NO. 231
RE: APPOINTMENT OF BARBARA REGAN AS DEPUTY PUBLIC HEALTH DIRECTOR - TABLED
WHEREAS, the Schuyler County Legislature approved the concept of consolidating the administration of the Mental Health and Public Health Departments per Resolution No. 415 of 1996 , and
WHEREAS, a plan to reorganize the two departments was submitted to and approved by the NYS Department of Mental Hygiene and by the NYS Commissioner of Public Health for a trial period of eighteen months, and
WHEREAS, Barbara Regan will continue to hold the title of Director of Patient Services and per the reorganization plan be appointed Deputy Public Health Director, and
WHEREAS, the Health Services Committee and Civil Service Executive Secretary/Personnel Director will submit to the Legislature in ninety days a plan for review and evaluation of the positions in the two departments which are affected by the reorganization plan.
NOW, THEREFORE, BE IT RESOLVED, that Barbara Reagan is hereby provisionally appointed Deputy Public Health Director and is relieved of the duties of Public Health Director effective immediately, and
BE IT FURTHER RESOLVED, that her salary will be unchanged until the reorganization plan is reviewed in ninety days and any adjustment will be made in accordance with the Schuyler County Management/Confidential Salary Plan.
RESOLUTION NO. 232
RE: CREATE POSITION OF DIRECTOR OF COMMUNITY SERVICES/PUBLIC HEALTH DIRECTOR AND AUTHORIZE FILLING - TABLED
WHEREAS, this Legislature has approved in concept the consolidation of Administration in the Mental Health and Public Health Departments, and
WHEREAS. as a proposed consolidation and re-organization plan has been submitted to the State Agencies having respective authority which has been approved by the Departments of Mental Hygiene, the Department of Health and the Department of Civil Service in Albany, and
WHEREAS, the position was allocated to Grade L in the Management Confidential Salary Plan according to the Factor Rating System.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby create the position of Director of Community Services/Public Health Director in Grade L and authorize filling said position.
RESOLUTION NO. 233
RE: APPOINTMENT OF DIRECTOR OF COMMUNITY SERVICES/PUBLIC HEALTH DIRECTOR - TABLED
WHEREAS, this Legislature has approved in concept the consolidation of Administration in the Mental Health and Public Health Departments, and
WHEREAS, as a proposed consolidation and re-organization plan has been submitted to the State Agencies having respective authority which has been approved by the Departments of Mental Hygiene, the Department of Health and the Department of Civil Service in Albany, and
WHEREAS, the qualifications of Community Services Director remains the same and the Commissioner of Public Health has deemed Duane Spilde's qualifications equivalent for the Public Health Director for a trial period of eighteen months.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Duane Spilde as the Director of Community Services/Public Health Director immediately with a salary of $53,769.00.
RESOLUTION NO. 234 Motion by Hastings, Second by Young.
RE: APPROVE MEMORANDUMS OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION (CSEA), INC.
WHEREAS, the County and CSEA agree upon certain terms relative to a Public Employment Relations Board petition.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to the terms of the Memorandums of Understanding as drafted and approved by the County's labor counsel relative to Public Employment Relations Board petition C-4660, and authorizes the Chairman of the Legislature to execute the same.
VOTE: Passed 7-0.
RESOLUTION NO. 235 Motion by Hastings, Second by Fitzsimmons.
RE: MOTION TO BRING TWO (2) EMERGENCY RESOLUTIONS TO THE FLOOR
BE IT RESOLVED, that two (2) emergency resolutions be brought to the floor.
VOTE: Passed 7-0.
RESOLUTION NO. 236 Motion by Hastings, Second by Franzese.
RE: APPOINTMENT - VETERANS SERVICE AGENCY DIRECTOR TRAINEE
WHEREAS, Sidney Loeffler resigned his position as Veterans Service Agency Director effective May 20th.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature approve the appointment of Philip Smith as Veterans Service Agency Director Trainee effective June 10, 1997 for twelve (12) hours per week at an hourly rate of $10.40.
VOTE: Passed 7-0.
RESOLUTION NO. 237 Motion by Hastings, Second by Franzese.
RE: AUTHORIZE SECTION 18 ANNUAL GRANT APPLICATIONS
WHEREAS, the County of Schuyler is submitting a request for grant 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 1997 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 7-0.
REPORT ON STANDING COMMITTEES: Legislator Fitzsimmons reported on the Management & Finance Committee. The sales tax is still increasing nicely while other counties are decreasing.
Legislator Hastings reported on the Community Development & Natural Resources Committee. She said the Town of Dix received a grant in the amount of $7,900 for repairing the VanZandt Hollow road. Tom Brace, Director of the Soil & Water Conservation District, will be leaving to go to another county.
Legislator Hastings reported on the Health Services Committee. She attended the Arc dinner and John Kemmer gave a beautiful speech on Early Intervention. There is a Bill No. 40 that they are trying to get through with a 10% increase for funding. She requested support for the Arc and Early Intervention Program in Schuyler County. She will be getting a form out for the Legislators to sign. John Kemmer also stated that Schuyler County has one of the leading programs in New York State. Legislator Hastings stated she had information available for review relative to this program if anyone was interested.
UNFINISHED BUSINESS: Legislator Thurston asked about the grant for the study on Income Tax -vs- Property Tax. Legislator Young said he does have some additional information and he will share it with the Chairman.
NEW BUSINESS: MOTION by Legislator Hastings to have the Chairman of the Legislature write a letter to Albany supporting the Village of Montour Falls in opposition of the dramatic increase in rent at the Marina, SECOND by Legislator Thurston. She also asked that Senator Kuhl and Assemblyman Bacalles be copied. Chairman Halpin said she spoke with Mayor Tewksbury. The number of docks represented is 40% of total dock space in Schuyler County. It will have economic impact on the County. Motion carried seven ayes to zero noes.
Chairman Halpin shared an E-mail message received today from a gentleman that used to live in Schuyler County. He said it was nice to be able to get on the Internet and visit his home town anytime he wanted to from anywhere.
PUBLIC PARTICIPATION: None.
The meeting adjourned at 7:38 p.m.
Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk
The July 1, 1997 Special Meeting of the Schuyler County Legislature was called to order by Chairman Halpin at 7:30 p.m. The Pledge of Allegiance was led by Legislator Burnside and followed by a Moment of Silence. Roll Call: All Legislators were present except Legislator Franzese who was excused and Legislators Young and Compton who were absent. County Attorney Coleman was also present.
PUBLIC PARTICIPATION: Sue Brill wanted to know why there was a special meeting called. Chairman Halpin explained that this process can not be prolonged any longer and there are adjustments to be made before the budget process starts. Sue asked why it couldn't wait until the Regular Meeting on July 14, 1997. Chairman Halpin said that they would not have five legislators in support at that meeting and they have worked too hard and long on this project to have the resolutions fail when the majority of the Legislature supports it. Sue then asked the Chairman about the comment she made to the League of Women Voters about a plan being sent to the State. Chairman Halpin told Sue she could provide her with a copy of what was sent. Sue also wanted to know who created the organizational chart for the merger. Chairman Halpin said there were a number of people involved, Duane, Barb, Legislator Hastings, the Health Services Committee and herself. Legislator Hastings explained that they took the recommendations from the Center for Governmental Research (CGR) report and made additions. Sue asked if the position Deputy Public Health Director was provisional. Doris Craig, Personnel Director, informed Sue that it is a newly created position which is being requested to be non-competitive. A public hearing has to be held and a resolution passed by the State. Anne Balch wanted to know what would happen if it was not approved. Doris said it would then become competitive and a test would have to be given. Anne asked if it could be a non-competitive promotion. Doris explained that this is not a promotion.
Mike Myers wanted to know if there were any salary increases involved with this merger. Chairman Halpin explained that the only increase is $8,769 to Duane Spilde.
Joe Dunning wanted to know what the savings to the county would be. Chairman Halpin stated that they are not sure, time will tell. The savings may be seen in local dollars by obtaining increased state and federal aid. With the merging of clerical staff there may not be a need for so many positions. Joe asked if that meant layoffs. Chairman Halpin said not necessarily, they would prefer to do it by attrition. Joe wanted to know why the trial period of eighteen months. Legislator Hastings stated that the State has set the trial period. Mike Myers asked if other counties are doing well with this merger. Legislator Hastings said she has heard they are doing well, however no dollar amounts have been given.
Sue stated that she has talked to Will Streeter from CSEA and wanted to know if the Legislature has conferred with their labor counsel on positions. Chairman Halpin explained that the County is communicating with CSEA as well as their labor counsel.
Legislator Fitzsimmons stated that this does not require a projection of savings as far as he is concerned. He said that if this county was starting new, we would definitely combine Public Health with Mental Health into one department. They both revolve around health care and the combination of the two makes sense.
RESOLUTION NO. 235 Motion by Burnside, Second by Fitzsimmons.
RE: RATIFICATION OF SPECIAL MEETING CALL
BE IT RESOLVED, that this Special Meeting, pursuant to the call of the Clerk of the Legislature upon the direction of the Chairman, be and hereby is, ratified and approved for discussion and action upon the following items of business:
1. Amend Management/Confidential Salary Plan - Consolidation of Mental Health and Public Health Departments
2. Create and Fill Position of Deputy Public Health Director
3. Appointment of Barbara Regan as Deputy Public Health Director
4. Create Position of Director of Community Services/Public Health Director and Authorize Filling
5. Appointment of Director of Community Services/Public Health Director
DISCUSSION: Chairman Halpin thanked everyone involved in this process for a job well done. Legislator Hastings made a statement of the record. She stated that Legislator Fitzsimmons was on the Public Health Committee six years ago and he started this discussion and the Government would not approve the concept back then. It has been Legislator Fitzsimmons' dream for a long time now and this idea was the reason behind hiring CGR. This Legislature has done everything to be fair.
VOTE: Passed 5-0.
RESOLUTION NO. 236 Motion by Hastings, Second by Fitzsimmons.
RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN - CONSOLIDATION OF MENTAL HEALTH AND PUBLIC HEALTH DEPARTMENTS
WHEREAS, the Schuyler County Legislature approved the concept of consolidating the administration of the Mental Health and Public Health Departments per Resolution No. 415 of 1996 , and
WHEREAS, a plan to reorganize the two departments was submitted to and approved by the NYS Department of Mental Hygiene and by the NYS Commissioner of Public Health for a trial period of eighteen months, and
WHEREAS, in order to accomplish the above stated objective, it is necessary to amend the Schuyler County Management/Confidential Salary Plan.
NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan shall be amended by the changes on pages seven through fifteen which are on file in the Legislative office, and
BE IT FURTHER RESOLVED, that the Factor Rating Chart shall be amended to reflect these changes effective this date and shall be included as page 16 of the Salary Plan.
VOTE: Passed 5-0.
RESOLUTION NO. 237 Motion by Hastings, Second by Fitzsimmons.
RE: CREATE AND FILL POSITION OF DEPUTY PUBLIC HEALTH DIRECTOR
WHEREAS, the Schuyler County Legislature approved the concept of consolidating the administration of the Mental Health and Public Health Departments per Resolution No. 415 of 1996 , and
WHEREAS, a plan to reorganize the two departments was submitted to and approved by the NYS Department of Mental Hygiene and by the NYS Commissioner of Public Health for a trial period of eighteen months.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby create the position of Deputy Public Health Director and request it be classified non-competitive, said position having been so titled by the Civil Service Commission, and
BE IT FURTHER RESOLVED, that the Legislature does authorize the filling of the position of Deputy Public Health Director, salary to be established, in accordance with the Schuyler County Management/Confidential Salary Plan.
VOTE: Passed 5-0.
RESOLUTION NO. 238 Motion by Hastings, Second by Fitzsimmons.
RE: APPOINTMENT OF BARBARA REGAN AS DEPUTY PUBLIC HEALTH DIRECTOR
WHEREAS, the Schuyler County Legislature approved the concept of consolidating the administration of the Mental Health and Public Health Departments per Resolution No. 415 of 1996 , and
WHEREAS, a plan to reorganize the two departments was submitted to and approved by the NYS Department of Mental Hygiene and by the NYS Commissioner of Public Health for a trial period of eighteen months, and
WHEREAS, Barbara Regan will continue to hold the title of Director of Patient Services and per the reorganization plan be appointed Deputy Public Health Director, and
WHEREAS, the Health Services Committee and Civil Service Executive Secretary/Personnel Director will submit to the Legislature in ninety days a plan for review and evaluation of the positions in the two departments which are affected by the reorganization plan.
NOW, THEREFORE, BE IT RESOLVED, that Barbara Reagan is hereby provisionally appointed Deputy Public Health Director and is relieved of the duties of Public Health Director effective immediately, and
BE IT FURTHER RESOLVED, that her salary will be unchanged until the reorganization plan is reviewed in ninety days and any adjustment will be made in accordance with the Schuyler County Management/Confidential Salary Plan.
VOTE: Passed 5-0.
RESOLUTION NO. 239 Motion by Hastings, Second by Fitzsimmons.
RE: CREATE POSITION OF DIRECTOR OF COMMUNITY SERVICES/PUBLIC HEALTH DIRECTOR AND AUTHORIZE FILLING
WHEREAS, this Legislature has approved in concept the consolidation of Administration in the Mental Health and Public Health Departments, and
WHEREAS. as a proposed consolidation and re-organization plan has been submitted to the State Agencies having respective authority which has been approved by the Departments of Mental Hygiene, the Department of Health and the Department of Civil Service in Albany, and
WHEREAS, the position was allocated to Grade L in the Management Confidential Salary Plan according to the Factor Rating System.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby create the position of Director of Community Services/Public Health Director in Grade L and authorize filling said position.
VOTE: Passed 5-0.
RESOLUTION NO. 240 Motion by Hastings, Second by Fitzsimmons.
RE: APPOINTMENT OF DIRECTOR OF COMMUNITY SERVICES/PUBLIC HEALTH DIRECTOR
WHEREAS, this Legislature has approved in concept the consolidation of Administration in the Mental Health and Public Health Departments, and
WHEREAS, as a proposed consolidation and re-organization plan has been submitted to the State Agencies having respective authority which has been approved by the Departments of Mental Hygiene, the Department of Health and the Department of Civil Service in Albany, and
WHEREAS, the qualifications of Community Services Director remains the same and the Commissioner of Public Health has deemed Duane Spilde's qualifications equivalent for the Public Health Director for a trial period of eighteen months.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Duane Spilde as the Director of Community Services/Public Health Director immediately with a salary of $53,769.00.
VOTE: Passed 5-0.
NEW BUSINESS: Chairman Halpin asked for a motion to approve the Press Release listed below.
MOTION by Legislator Fitzsimmons, SECOND by Legislator Burnside to approve the Press Release titled "Schuyler Seeks Tobacco Money". Motion carried five ayes to zero noes.
Barbara J. Halpin, Chairman of the Schuyler County Legislature, and County Attorney James P. Coleman jointly announce Schuyler County's position in relation to settlement of the New York State Attorney General's Class Action Lawsuit against tobacco manufacturers.
Schuyler has joined other Counties in seeking unequivocal assurances from the State that Counties receive a fair share of any settlement based upon Medicaid expenditures. Schuyler County could ultimately recoup hundreds of thousands of dollars. The State Attorney General's Office has not yet responded definitively to the concerns of the Counties regarding a division of the proceeds of any settlement.
Chairman Halpin announced that the July 14, 1997 Regular Meeting of the Schuyler County Legislature has been rescheduled for Tuesday, July 15, 1997 at 6:30 p.m.
Chairman Halpin also reported that County Legislators and Supervisors (ClaS) has made a request that our county contact our local representatives regarding the State Budget. Two concerns being CHIPS and Early Intervention among some others. She recommended that the appropriate committees send letters.
PUBLIC PARTICIPATION: Sue Brill asked if the Legislature has hired a new Highway Superintendent yet. Chairman Halpin said no, they are still in the process.
MOTION by Legislator Thurston to go into executive session to discuss a negotiable item, SECOND by Legislator Fitzsimmons. Motion carried five ayes to zero noes.
MOTION by Legislator Fitzsimmons to approve Memorandum of Understanding with Highway Union to standardize mileage reimbursement to $.29 a mile, SECOND by Legislator Thurston. Motion carried five ayes to zero noes.
MOTION by Legislator Thurston to come out of executive session, SECOND by Legislator Burnside. Motion carried five ayes to zero noes.
The meeting adjourned at 8:20 p.m.
Gail M. Willis, Clerk
Stacy B. Husted, Deputy Clerk
The July 14, 1997 Regular Meeting of the Schuyler County Legislature was called to order by Chairman Halpin at 6:34 p.m. The Pledge of Allegiance was led by Legislator Compton and followed by a Moment of Silence. Roll Call: All Legislators were present except Legislators Fitzsimmons and Thurston who were excused. County Attorney Coleman was also present.
PUBLIC PARTICIPATION 6:30 P.M.: Otto Welzel said he feels he should have three votes for the proposed Lakes District because he owns three pieces of property. Legislator Franzese explained that instead of mailing three separate ballots a person will mail one that will account for all of the property owned by pin number. When the ballots are opened each property pin number will be accounted for. Otto also felt the government should pay for the project, not the property owners.
Legislator Franzese suggested to the public that if anyone has anything to say about the proposed Lakes District they should speak now. Kevin Morris, President of the Lamoka/Waneta Lakes Association, stated that the legislators are not voting on the formation, just to move on to the public hearing phase. If the public does not want the district, then the Lamoka/Waneta Lakes Association does not want it. He informed the public that the association will be holding a public meeting this Saturday, July 19, 1997 at 7:00 p.m. at the Wayne Town Hall. There will be a panel discussion from the New York State Department of Environmental Conservation and the manufacturer of SONAR. He encourages anyone interested to attend.
CERTIFICATE OF APPRECIATION AWARD PRESENTATION TO TOM BRACE AT 6:45 P.M.: Chairman Halpin explained that Tom is leaving his position as the Director of Soil & Water Conservation District. She presented Tom with a Certificate of Appreciation. She read the certificate aloud and stated how the county is going to miss him. Legislator Hastings said that Tom has been like another son to her, always cheerful and happy. Jim Curatolo said he has known Tom since 1985 and that they have and always will be close friends. Elaine Dalrymple said she has worked with Tom for twelve years, the last six months in his department and she will miss him also. Legislator Hastings stated that without Tom the streambank program would not have happened. He has a good rapport with people. Legislator Franzese stated that she had to call on Tom many times, he certainly cares about people. Attorney James Coleman noted that Tom has helped the Village of Montour Falls tremendously. Ron Edsall commented that he has worked with Tom for ten years, he is great to work with and an immense resource. Tom said his heart will always be here in Schuyler County.
PRESENTATION FROM JIM CURATOLO ON THE SUSQUEHANNA COALITION AT 7:00 P.M.: Jim introduced himself as the Coordinator of the Upper Susguehanna Coalition which includes thirteen counties. The coalition was formed in 1992. They receive their funding from New York State and Pennsylvania. His job is to develop water quality products that benefit the county. He also tries to help farmers increase their bottom line. The Coalition is a network of people concentrating on funding for programs for the county. He wrote the proposal for the Household Hazardous Waste day and received a mini grant in the amount of $5,000. He assured the public that he is listed in the phone book, just give him a call.
RESOLUTION NO. 244 Motion by Franzese, Second by Hastings.
RE: APPROVE MINUTES OF THE MAY 12, 1997 AND THE JUNE 9, 1997 REGULAR MEETINGS AND JULY 1, 1997 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE
BE IT RESOLVED, that the minutes of the May 12, 1997 and the June 9, 1997 Regular Meetings and July 1, 1997 Special Meeting of the Schuyler County Legislature be approved.
VOTE: Passed 6-0.
RESOLUTION NO. 245 Motion by Franzese, Second by Burnside.
RE: ACCEPT THE REPORT OF THE SCHUYLER COUNTY LAKE PROTECTION AND REHABILITATION AGENCY (LAMOKA/WANETA LAKE PROTECTION REHABILITATION DISTRICT)
WHEREAS, the Schuyler County Legislature pursuant to the provisions of Article 5A of the County Law appointed and established an agency for the formation of the Lamoka/Waneta Lake Protection and Rehabilitation District (Schuyler County) and having all of the powers under Section 252, 253, 254 of the County Law in order to investigate and receive a District Formation Report prepared pursuant to Section 253 of the County Law and submitted by the Lamoka/Waneta Lake Association at its own cost and expense together with a map and plan of said proposed district, and
WHEREAS, the Steuben County has also established a Steuben County Lake Protection and Rehabilitation Agency for the said purposes since Lamoka Lake and Waneta Lake is located within the adjoining Counties of Schuyler and Steuben Counties, and
WHEREAS, the Lake Protection and Rehabilitation Agencies of Schuyler and Steuben Counties have jointly met and received a District Formation Report for Lamoka/Waneta Lakes' Aquatic Vegetation Control and Water Quality District prepared by Fagan Engineers for Schuyler County and Steuben County, the original of which was filed September 1996 and revised December 1996, and
WHEREAS, the said Agency has reviewed the aforesaid report filed by Fagan Engineers together with the maps and plans and have made other investigations relative to the formation of the said Lake Protection and Rehabilitation District as submitted and now wish to make their findings and determinations and recommendations to the Schuyler County Legislature.
NOW THEREFORE, BE IT RESOLVED, as follows:
1. That the report, maps and plan for the proposed Lake Protection and Rehabilitation District and submitted by Fagan Engineers, Consulting Engineers, of Elmira, New York, be received, accepted and placed on file and incorporated herein by reference as though herein fully set forth.
2. That the recommendations contained in the said report, map and plan be and the same is hereby accepted. It is the opinion of the Agency after examination of the same and review of all other pertinent information and data associated with this study; that the Lake Protection and Rehabilitation District for Lamoka/Waneta is necessary and required and should be addressed.
3. It is recommended that the Lake Protection and District for Lamoka and Waneta Lakes be established jointly with Steuben County in order to serve the properties adjoining said lakes and in the proposed District as shown in said report.
4. That the District should include all of the properties as shown and referred to in the District Formation Report.
5. That the proposed district take such measures related to Lake Protection Rehabilitation.
6. That the County Legislature authorize the issuance of bonds in the following amounts for the following Counties:
Schuyler County District $214,005.00
Steuben County District 91,458.00
TOTAL COMBINED COST $305,463.00
7. Request that Schuyler County appoint an administrative body pursuant to Section 261 of the County Law to operate and administer said District, and
BE IT FURTHER RESOLVED, that the Agency herewith transmit its report together with its recommendations herein above noted to the Schuyler County Legislature to implement the above recommendations and request that the Schuyler County Legislature create the proposed Lamoka/Waneta Lake Protection and Rehabilitation District, in accordance with Article 5A of the County Law, and
BE IT FURTHER RESOLVED, that any implementation of the aforesaid Lamoka/Waneta Lake Protection and Rehabilitation District be conditioned upon the approval of the said Lake Protection District by both Schuyler and Steuben County Legislatures in accordance with Article 5A of the County Law.
DISCUSSION: Legislator Franzese stated that this resolution is to just accept the written report. She also announced that a straw poll is being done and will be tallied on Tuesday, August 5, 1997 in the Legislative Chambers at 9:00 a.m. Both Steuben and Schuyler Counties will be doing this at the same time. She then briefly explained the flow chart on the process of the District. .
VOTE: Passed 6-0.
RESOLUTION NO. 246 Motion by Franzese, Second by Burnside.
RE: RESOLUTION IN SUPPORT OF NEW YORK STATE ASSEMBLY BILL 423 AND NEW YORK STATE SENATE BILL 3656/AMENDMENT TO THE ENVIRONMENTAL PROTECTION ACT
WHEREAS, the Environmental Protection Act (EPA) of 1993 provided for a dedicated fund for environmental projects including recycling, waste reduction and household hazardous waste and currently provides funds for grant programs administered by the N.S. DEC, Empire State Development, NYSERDA, among others, and
WHEREAS, the EPA allows for reimbursements of up to 50% for cost related to recycling equipment, capital projects, household hazardous waste collection, and waste reduction education, and
WHEREAS, fiscal constraints on local planning units have resulted in layoffs or downsizing of recycling personnel and cutbacks or elimination of recycling education budgets, and
WHEREAS, recycling education is vital to improve recycling recovery rates, and for New York to achieve the 40% recycling goal identified in the 1988 Solid Waste Management Act, and
WHEREAS, recycling programs with paid staff achieve greater results than programs with volunteer or not staffing.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby support an amendment to the Environmental Protection Act of 1993 to allow for planning units to seek reimbursement for 50% of the cost related to salaries for a recycling coordinator, a waste reduction coordinate, and for 50% of the cost of recycling education and promotional materials.
VOTE: Passed 6-0.
RESOLUTION NO. 247 Motion by Franzese, Second by Burnside
RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE
WHEREAS, the State of New York provides financial aid for household hazardous waste programs; and
WHEREAS, Schuyler County herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and
WHEREAS, it is necessary that a contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid.
NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature, as follows:
1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.
2. That the Chairman of the Schuyler County Legislature, or his/her designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE.
3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs.
4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by joint resolution (which is on file in the Legislative Office) relative to a joint program.
5. That five (5) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application.
6. That this resolution shall take effect immediately.
VOTE: Passed 6-0.
RESOLUTION NO.248 Motion by Franzese, Second by Burnside.
RE: APPOINTMENTS - AGRICULTURE AND FARMLAND PROTECTION BOARD
BE IT RESOLVED, that this Legislature approve the appointment of John Czmanske and Kristen Stewart to the Agriculture and Farmland Protection Board as ex-officio members.
VOTE: Passed 6-0.
RESOLUTION NO. 249 Motion by Hastings, Second by Burnside.
RE: RESCIND RESOLUTION NO. 289-6/11/90 RELATIVE TO THE WATERSHED INSPECTOR POSITION
WHEREAS, Resolution No. 289-90 sets forth the Watershed Inspector's relationship between the Public Health Director/Director of Patient Services being limited to reimbursement of state aid, with the Watershed Inspector being directly responsible to the Legislature through the Public Health Committee for all other matters relating to the Watershed, and
WHEREAS, the proposed merger of the Mental Health and Public Health Departments sets forth the Watershed Inspector position to be responsible to the Director of Public Health.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 289-90 be hereby rescinded, and
BE IT FURTHER RESOLVED, that the Watershed Inspector position be directly responsible to the Director of Public Health.
VOTE: Passed 6-0.
RESOLUTION NO. 250 Motion by Hastings, Second by Burnside.
RE: AMEND AGREEMENT WITH AFFILIATED PSYCHOLOGICAL CONSULTANTS, P.C. - MENTAL HEALTH
WHEREAS, there is a need for additional services from the Affiliated Psychological Consultants, P.C.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and Director of Community Services are hereby authorized to execute an amendment to the agreement with Affiliated Psychological Consultants, P.C. for the year 1997, and increase the same by an amount not to exceed $13,250 for psychological services in Schuyler County, subject to approval by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 251 Motion by Hastings, Second by Burnside.
RE: RENEW CONTRACTS WITH SCHUYLER HOSPITAL, INC. FOR PHYSICAL THERAPY AND OCCUPATIONAL THERAPY SERVICES FROM 7/197 - 6/30/98 - HOME HEALTH AGENCY
BE IT RESOLVED, that the Chairman of this Legislature is hereby authorized to sign contract renewals with Schuyler Hospital, Inc. to provide physical therapy and occupational therapy services to the Home Health Agency from 7/1/97 through 6/30/98 at the rate of $40.00 per hour, and $.29 per mile; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 252 Motion by Hastings, Second by Young.
RE: AUTHORIZE INCREASE IN HOME HEALTH AGENCY RATES - FAILED
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 August 1, 1997 as follows:
Current Rate New Rate
Skilled Nursing $ 65.00/visit $ 80.00/visit
Physical Therapy $ 80.00/visit $ 90.00/visit
Occupational Therapy $ 75.00/visit $ 90.00/visit
Speech Therapy $ 85.00/visit $ 90.00/visit
Medical Social Worker $ 85.00/visit $ 90.00/visit
DISCUSSION: Legislator Franzese made a statement for the record. "We have a new Director of Community Services/Public Health Director at an increased cost of $8,000. This Legislature committed that money in hopes of obtaining more state and federal dollars and trimming the costs of services to save our taxpayers money. So why should we, the very next month, increase the costs to our most needy citizens? I know our Schuyler County citizens are burdened already with high property taxes. As of January 1, 1997, New York has taxed individual health care services. I, for one, will not support increasing these rates. Let our new Director do his job! Raising rates is counterproductive and, in the long run, costly to county constituents. We, as legislators, have an obligation to help our citizens afford to stay home. All taxpayers share in the burden of higher institutional costs."
Legislator Hastings stated that the intent is not to charge higher fees. These rates where written before Duane took over as Director of Public Health. The decision was made by the Department Head and the Office Manager. They felt they needed to raise the fees. She also explained that the Public Health Department does have a sliding fee scale. The department has to collect more money to stay in business. Legislator Franzese said she feels they need to give Duane a chance to look at these rates. Barb Regan stated that their Cost Accountant recommended the increase because it has been a couple of years since they have been raised. Legislator Hastings stated that Public Health has more work now than ever and she urged the legislators to vote yes on this resolution.
VOTE: Failed 4-2. Noes: Compton, Franzese.
RESOLUTION NO. 253 Motion by Hastings, Second by Young.
RE: AUTHORIZE FOOD STAMP EDUCATION GRANT
WHEREAS, the federal government has made matching funds available to communities through the local Department of Social Services to establish programs to assist food stamp families in meeting their nutritional needs, and
WHEREAS, Cornell Cooperative Extension is in receipt of funds which could be used to match these federal funds at no additional local cost, and
WHEREAS, recent reports continue to indicate that food stamp recipients because of limited resources and limited knowledge, not only make unwise dietary choices leaving them vulnerable to nutrition and health related problems, but also lack food management skills, and
WHEREAS, skills learned around food management and nutrition are transferable to other areas of family life.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature supports the joint application of Cornell Cooperative Extension of Schuyler County and Schuyler County Department of Social Services for a food stamp nutrition education grant at no additional local cost, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature be authorized to send a letter to appropriate New York State representatives recommending that food stamp education be mandated for food stamp recipients to promote not only better health through good nutrition and food preparation practices, but also to reduce waste and mismanagement of food stamp dollars.
VOTE: Passed 6-0.
RESOLUTION NO. 254 Motion by Burnside, Second by Franzese.
RE: AUTHORIZE HIRING OF SUPPORT INVESTIGATOR POSITION - SOCIAL SERVICES
WHEREAS, the Social Services Department has decreased its staff count by approximately 8 positions over the past two years in an effort to maintain fiscal responsibility in light of decreasing public assistance caseloads, and WHEREAS, it is now necessary to fill a support investigator vacancy in the Child Support and Enforcement Unit for the following reasons:
1) To provide coverage and backup for Family Court (only 1 worker presently has family court responsibilities) for the already established 1116 court orders.
2) To handle the ever increasing work load due to the emphasis on child support under welfare reform including the establishment of paternity for all out of wedlock births; establishing new child support orders, collecting and enforcing existing orders; reviewing for adjustment of existing orders at a minimum of every 36 months, participating in interstate attempts to establish support orders/paternity; properly executing sanctions such as license revocation; property executions so that there is a decreased need for publicly financed child support, and
WHEREAS, the addition of a support investigator will help the unit achieve its collection goals thereby increasing financial incentives to the county for its efforts, and
WHEREAS, this position is outside of the administrative cap and is reimbursed at approximately 80% state and federal dollars for salary, fringes, training and would actually enhance reimbursement for general administrative expenses by increasing the IVD staff count.
NOW, THEREFORE, BE IT RESOLVED, that the Department of Social Services is hereby authorized to fill the position of Support Investigator effective July 27, 1997 at an annual salary of $10.12 hourly, Grade XV, this position can be funded through budget funds in the 1997 personnel account no. 6010.100, and
BE IT FURTHER RESOLVED, that the Department is authorized to fill any vacancies created by the promotion of a Department of Social Services worker to this position.
VOTE: Passed 5-1. No: Compton.
RESOLUTION NO. 255 Motion by Burnside, Second by Franzese.
RE: AUTHORIZE CONTRACT FOR MEDICAID MANAGED CARE CONSULTANT SERVICES WITH THE HEALTH FUTURES GROUP - SOCIAL SERVICES
WHEREAS, it has been three years since Schuyler County developed and submitted a Medicaid Managed Care Plan to New York State, and
WHEREAS, there have been changes in New York States plans for managed care, including a request to the federal government for mandated managed care, and
WHEREAS, approval for Schuyler County's plan has been held up in part due to pending regulations regarding determination of clinic rates for partial cap programs, such as the plan Schuyler County proposed, and
WHEREAS, the data upon which Schuyler County based our plan may have changed substantially in the last three years, and
WHEREAS, The Health Futures Group, a subsidiary corporation of the New York Pennsylvania Health Systems Agency, has expertise in evaluating Medicaid expenditures and managed care models (such as the Broome County MAX Program), and
WHEREAS, New York State has available managed care grant funds for local districts for one time initiatives to further the development and implementation of managed care at the County level, and
WHEREAS, the Department would like to take advantage of both The Health Futures Group expertise and the grant funds availability.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute an agreement between The Health Futures Group, Suite 310, 84 Court Street, Binghamton, NY 13901 and Schuyler County Department of Social Services for Medicaid managed care consultant services including evaluation of historical spending patterns, analysis of current service delivery system, advantages and disadvantages of possible managed care models for Schuyler County, at least two focus groups to review the above information and help build a consensus regarding Schuyler County's Managed Care direction. The duration of the agreement will be four months from the signing of the agreement (to terminate by 12/31/97 due to grant requirements). The amount of the agreement shall not exceed $25,000.
VOTE: Passed 6-0.
RESOLUTION NO. 256 Motion by Young, Second by Hastings.
RE: AUTHORIZE HIRING OF YOUTH COUNSELOR - SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM
WHEREAS, the Youth Coordinator assigned to the Summer Youth Employment and Training Program (SYETP) is also assigned to the New York State Division for Youth (DFY) Runaway and Homeless Program (RHYA), and a second Youth Counselor is needed, and
WHEREAS. the position is 100% reimbursable in federal dollars.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize the creation of a Youth Counselor position in the Youth Bureau at grade level XX, hourly rate of $10.98, and
BE IT FURTHER RESOLVED, that the Schuyler County Youth Bureau Director be authorized to hire a Youth Counselor for SYETP.
VOTE: Passed 6-0.
RESOLUTION NO. 257 Motion by Young, Second by Hastings.
RE: A RESOLUTION AUTHORIZING THE RECONSTRUCTION OF APPROXIMATELY THREE MILES OF COUNTY ROUTE 16 IN AND FOR THE COUNTY OF SCHUYLER, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $198,000, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $198,000 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 approximately three miles of County Route 16 from Meads Hill Road West to the Town of Orange Line, including incidental improvements, in and for the County of Schuyler, New York, is hereby authorized at a maximum estimated cost of $198,000.
Section 2. SEQR Determination: It is hereby determined that the aforesaid specific object or purpose constitutes a Type II action under the SEQR regulations of the State of New York which will not have a significant impact upon the environment.
Section 3. The plan for the financing of such maximum estimated cost is by the issuance of not exceeding $198,000 serial bonds of said County hereby authorized to be issued therefor pursuant to the Local Finance Law; provided, however, the power to appropriate 1997 fund balance to defray such additional cost, including the power to redeem any or all obligations issued pursuant to this resolution from such 1997 fund balances, is hereby delegated to the County Treasurer.
Section 4. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 20(b) 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, at 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 of 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 compiled with at the date of publication of this resolution are not substantially compiled 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. 258 Motion by Burnside, Second by Young.
RE: AUTHORIZE CONTRACT WITH DEMUTH ELECTRIC, INC. FOR FIRE ALARM SYSTEM INSTALLATION
WHEREAS, there are monies budgeted in the Rural Urban Center building capital account for purchase and installation of a fire alarm system, and
WHEREAS, 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 Rural Urban Center building at a cost of $7,280, there being monies in the capital project account; subject to approval by the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 259 Motion by Burnside, Second by Young.
RE: AUTHORIZE CONTRACT WITH VILLAGE OF MONTOUR FALLS FOR SHERIFF PATROL SERVICES
WHEREAS, the Village of Montour Falls has requested additional police protection, and
WHEREAS, funds have been appropriated in the Village budget to contract with the Schuyler County Sheriff's Department for additional protection at the rate of $12.00 per hour.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be authorized to sign a contract between the County of Schuyler (Sheriff's Department) and the Village of Montour Falls for additional police protection at the rate of $12.00 per hour; subject to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 260 Motion by Young, Second by Burnside.
RE: APPROVE SURVEILLANCE EQUIPMENT PURCHASES FOR JAIL
WHEREAS, cameras and monitors are used for security at the Schuyler County Jail, and periodically these cameras and monitors wear out and fail.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be authorized to purchase two (2) cameras and one (1) monitor at a cost of $1,816 from account no. 3150.201.
VOTE: Passed 6-0.
RESOLUTION NO. 261 Motion by Young, Second by Burnside.
RE: RE-APPOINTMENT TO LOCAL CONDITIONAL RELEASE COMMISSION
WHEREAS, Chapter 79 of the Laws of 1989, which became effective May 1, 1989, imposes on localities, release and supervision responsibilities for inmates serving definite sentences in local correctional facilities, and
WHEREAS, the aforementioned law requires that each County establish a Local Conditional Release Commission to deal with inmates serving definite sentences in local correction facilities pursuant to the law, and
WHEREAS, said law requires that appointment be for a period of four years, and the current appointments terminate on July 31, 1997.
NOW, THEREFORE, BE IT RESOLVED, that Lloyd Prosperi, Grover Odenthal and Sally Sumner be re-appointed to said Commission, each for a term of four years, commencing August 1, 1997 and terminating July 31, 2001.
VOTE: Passed 6-0.
RESOLUTION NO. 262 Motion by Young, Second by Burnside.
RE: APPOINTMENT OF MEMBERS OF CRIMINAL JUSTICE ADVISORY COUNCIL - PROBATION
WHEREAS, the Schuyler County Criminal Justice Advisory Council has been reviewing required membership on the said council, and
WHEREAS, said council had been seeking to fill needed gaps in service, and
WHEREAS, the following have been recommended to serve and are so willing.
NOW, THEREFORE, BE IT RESOLVED, that Hon. Michael Donnelly, Village of Odessa and Town of Catharine Justice be appointed to replace Hon. Nicholas Dugo, Village of Watkins Glen Justice on the Criminal Justice Advisory Council and Martin Teller and Nancy Ewing of the Finger Lakes Alcoholism and Referral Agency (FLACRA) be appointed to replace Kathryn Disbrow on said council with said appointments to take effect immediately.
VOTE: Passed 6-0.
RESOLUTION NO. 263 Motion by Burnside, Second by Franzese.
RE: ANNUAL UPDATE OF THE PINS DIVERSION LAW
WHEREAS, Schuyler County previously applied for and received approval for the operation of the PINS Diversion Program under the mandatory PINS Diversion Law during 1987 and updated annually since then, and
WHEREAS, this matter has been discussed by members of the Public Safety and Criminal Justice Committee of the Schuyler County Legislature, and the recommendation of that committee is that the PINS Diversion Planning Committee for the PINS Plan submit the required annual report.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the Update of the Plan on behalf of the County of Schuyler as well as any contract or agreement made a part of the Plan; subject to approval of the Schuyler County Attorney, and
BE IT FURTHER RESOLVED, that the PINS Diversion Planning Committee be authorized to submit said Plan to the State of New York, and
BE IT FURTHER RESOLVED, that the previously appointed members of the PINS Diversion Planning Committee as listed below continue to serve in that capacity.
VOTE: Passed 6-0.
RESOLUTION NO. 264 Motion by Burnside, Second by Franzese.
RE: AUTHORIZE CONTRACT EXTENSION WITH SOUTHERN TIER CENTRAL REGIONAL PLANNING AND DEVELOPMENT BOARD - RESCINDED SEPTEMBER 8, 1997
WHEREAS, the contract with Southern Tier Central Regional Planning and Development Board for computer related services is due to expire August 31, 1997, and
WHEREAS, it is the recommendation of the Chairman of the Computer Coordination Committee to continue with these services, at least for the remainder of the year.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract extension with Southern Tier Central Regional Planning and Development Board for computer related services for the term ending December 31, 1997 at a cost of $5,000, and
BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $5,000 from account no. 1355.100 to Central Data Processing account no. 1680.435.
VOTE: Passed 6-0.
RESOLUTION NO. 265 Motion by Franzese, Second by Young.
RE: DECLARE LIMESTONE SURPLUS AND AUTHORIZE SALE TO TOWN OF READING - HIGHWAY
WHEREAS, the County Highway Department has surplus limestone for which it no longer has use pursuant to County Law Section 215, and
WHEREAS, the Town of Reading has projects in which they could use the limestone and is willing to buy the limestone at the same price the County paid.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby declare as surplus approximately 1,000 tons of limestone at the County Highway Department, and
BE IT FURTHER RESOLVED, that said limestone be sold to the Town of Reading at the cost of $6.60 per ton.
VOTE: Passed 6-0.
WITHDRAWN
RE: RESOLUTION IN SUPPORT OF THE GOVERNOR'S APPOINTMENT TO THE CORNING COMMUNITY COLLEGE BOARD OF TRUSTEES
RESOLUTION NO. 266 Motion by Franzese, Second by Young.
RE: AUTHORIZE CHAIRMAN OF THE SCHUYLER COUNTY LEGISLATURE TO SIGN RECORDS MANAGEMENT GRANT ACCEPTANCE AND ALL RELATED REPORTS 1997-98
BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be, and hereby is, authorized to sign the 1997-98 Local Government Records Management Improvement Fund grant acceptance form in the amount of $14,364, and all reports; subject, as required, to the approval of the Schuyler County Attorney.
VOTE: Passed 6-0.
RESOLUTION NO. 267 Motion by Hastings, Second by Burnside.
RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH CSEA HIGHWAY UNIT
WHEREAS, the Highway Unit contract was negotiated setting forth mileage reimbursement at $.25 per mile, and
WHEREAS, at a later date, the Legislature adopted a resolution setting forth mileage reimbursement at $.29 per mile for ALL employees, and
WHEREAS, it is the desire of both parties to have the reimbursement policy relative to mileage be consistent.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute a Memorandum of Understanding with the CSEA Highway Unit setting forth Article V, Section 2, Travel Mileage, as follows:
2. Travel Mileage
Authorized travel mileage shall be paid at the rate of twenty-nine cents ($.29) per mile.
VOTE: Passed 6-0.
RESOLUTION NO. 268 Motion by Hastings, Second by Burnside.
RE: ACCEPT QUOTE FOR MISCELLANEOUS TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES FOR THE PERIOD 7/1/97-6/30/98
WHEREAS, bids for transportation of preschool children with disabilities were accepted and rejected at the June Regular Meeting of the Legislature, and
WHEREAS, bids for miscellaneous transportation were not accepted then because there was no need for miscellaneous transportation services, and
WHEREAS, it has since been determined that there will be a need to contract for miscellaneous transportation of preschool children with disabilities, and
WHEREAS, all bidders have been contacted and the only interested agency is Birnie Transportation with a written quote of $165/day.
NOW, THEREFORE, BE IT RESOLVED, that the quote from Birnie Transportation for miscellaneous transportation of preschool handicapped children from July 1, 1997 to June 30, 1998 in the amount of $165 per day be, and hereby is, accepted, 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 6-0.
RESOLUTION NO. 269 Motion by Young, Second by Hastings.
RE: AUTHORIZE PROCEDURE FOR ADVERTISEMENT OF FOOD AND MILK BIDS
WHEREAS, the frozen food requirement for the County has been bid, in accordance with the Purchasing policy, every six months, and
WHEREAS, in conjunction with the frozen food bid, milk requirements are bid on a yearly basis, and
WHEREAS, the cost for the canned, dry, dairy and packaged foods purchased by the County are such that they need to be bid.
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby direct the Clerk of the Legislature to advertise food and milk bids as needed, and the Purchasing Department to compile the actual bids for the food and milk needs on a continual basis, in both cases to satisfy the bi-yearly and yearly bidding procedures. VOTE: Passed 6-0.
RESOLUTION NO. 270 Motion by Young, Second by Hastings.
RE: AUTHORIZE ADVERTISING AND HIRING A TEMPORARY ACCOUNT CLERK TYPIST IN THE HOME HEALTH AGENCY - AS AMENDED
WHEREAS, the Home Health Agency needs a temporary Account Clerk Typist to assist the support staff because the agency is still in the process of converting to a new billing system, visits and billing have increased, and the Office Manager will be out on disability for several weeks this summer.
NOW, THEREFORE, BE IT RESOLVED, that the Home Health Agency is authorized to advertise and hire temporary help or secure temporary clerical services through a temporary agency at a cost not to exceed $3,000 from currently appropriated funds.
VOTE: Passed 6-0.
RESOLUTION NO. 271 Motion by Franzese, Second by Burnside.
RE: RESOLUTION CLASSIFYING THE PROPOSED FORMATION OF AN AQUATIC VEGETATION CONTROL AND WATER QUALITY DISTRICT FOR LAMOKA AND WANETA LAKES AS AN UNLISTED ACTION AND NOMINATING THE SCHUYLER COUNTY LEGISLATURE AS THE ENVIRONMENTAL QUALITY REVIEW LEAD AGENCY AND NOTIFYING THE INVOLVED AGENCIES PURSUANT TO 6NYCRR PART 617
WHEREAS, the Schuyler County Lake Protection and Rehabilitation Agency has forwarded the District Formation Report for the Lamoka/Waneta Lakes' Aquatic Vegetation Control and Water Quality District to the Schuyler County Legislature in order that one or more public hearings can be held to gauge public sentiment for this project, and
WHEREAS, the Schuyler County Legislature (Legislature) has concluded that the proposed project is subject to the requirements of 6NYCRR Part 617.
NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby concludes that the proposed formation of a Lamoka/Waneta Lakes' Aquatic Vegetation Control and Water Quality District constitutes an unlisted action subject to the review requirements specified in 6NYCRR, Parts 617.6 and 617.11, and
BE IT FURTHER RESOLVED, that since Waneta Lake encompasses both Schuyler and Steuben counties, separate Water Quality Districts must be formed in each county if district formation is approved, and
BE IT FURTHER RESOLVED, that the Schuyler County Legislature assumes the role as lead agency for the purpose of conducting a coordinated review with Steuben County of the proposed project in accordance with 6NYCRR, Parts 617.6 and 617.11, and
BE IT FURTHER RESOLVED, that a copy of this resolution be filed with the Schuyler County Lake Protection and Rehabilitation Agency, Schuyler County Attorney, Schuyler County Planning Commission, Steuben County Legislature, Steuben County Attorney, Steuben County Lake Protection and Rehabilitation Agency, Town of Tyrone Supervisor, Town of Wayne Supervisor, Town of Orange Supervisor, the Lamoka/Waneta Lakes Association, Schuyler County Environmental Management Council, New York State Department of Environmental Conservation (Albany, Latham and Avon Offices), New York State Office of Parks, Recreation and Historic Preservation, and the New York State Electric and Gas Corporation.
VOTE: Passed 6-0.
RESOLUTION NO. 272 Motion by Franzese, Second by Burnside.
RE: TRANSFER OF FUNDS TO TOWN OF HECTOR (HECTOR GRAZING LANDS)
WHEREAS, the Schuyler County Treasurer has received $4,380.31 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 $4,380.31 to the Town of Hector for road maintenance in the Hector Land Use Area.
VOTE: Passed 6-0.
RESOLUTION NO. 273 Motion by Franzese, Second by Compton.
RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING FOR LAKEFRONT REVITALIZATION PROGRAM - AMENDED
WHEREAS, the funding for the Lakefront Revitalization Program is made up of several components, and
WHEREAS, it is the desire of the parties to have a Memorandum of Understanding setting forth the financial obligations of each.
NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorize a Memorandum of Understanding to be executed on behalf of the County between Five Lakes Development Corporation for funding for the Lake Front Revitalization program in the amount of $40,000, as drafted by the Schuyler County Attorney.
DISCUSSION: Chairman Halpin requested that this resolution be amended to have the second whereas state "it is the desire of the parties to have a Memorandum of Understanding setting forth the financial obligations of each." Legislator Franzese stated that if the amount of $20,000 is taken out of the resolution she will vote yes. All legislators agreed with the request to amend the resolution and remove the statement about $20,000 coming from the county.
VOTE: Passed 6-0.
RESOLUTION NO. 274 Motion by Franzese, Second by Compton.
RE: A RESOLUTION AUTHORIZING A PUBLIC HEARING FOR THE FORMATION OF A LAMOKA/WANETA LAKE PROTECTION AND REHABILITATION DISTRICT (SCHUYLER COUNTY)
WHEREAS, a petition for the establishment of the Lamoka/Waneta Lake Protection Rehabilitation District (Schuyler County) has been filed on the 5th day of August , 1996, and
WHEREAS, this board has established a Lamoka/Waneta Lake Protection and Rehabilitation District (Schuyler County) Agency having all of the powers as provided under Article 5A of the County Law, and
WHEREAS, said County Agency had maps and plans prepared of the areas to be serviced by a Lake Protection and Rehabilitation District, and has submitted its resolution and report together with a District Formation Report for the Lamoka/Waneta Lakes' Aquatic Vegetation Control and Water Quality District prepared by Fagan Engineers and dated September 1996, revised December 1996, and
WHEREAS, the said District Formation Report together with the Resolution and Report of the aforesaid County agency, including an estimated cost has been duly filed with the County Legislature and said Agency has made its recommendations and requests as more fully embodied in said Resolution and Report as filed with the Clerk of the County Legislature, and
WHEREAS, the maximum estimated cost of the said District for Schuyler County is $214,005.00, and
WHEREAS, it is now desirous to call a public hearing to consider said proposal to establish said District in accordance with the provisions of Article 5A of the County Law.
NOW, THEREFORE, BE IT RESOLVED, by the County Legislature of the County of Schuyler as follows:
SECTION 1: A meeting of the County Legislature of Schuyler County, New York, shall be held at Bradford Central School, Route 226, Bradford, New York in said County on the 29th day of August, 1997 at 7:00 o'clock p.m. prevailing time, for the purpose of conducting a public hearing upon the aforesaid proposal to establish a Lake Protection and Rehabilitation District in said County to be known as Lamoka/Waneta Lakes Aquatic Vegetation Control & Water Quality District consisting of territory within Schuyler County as hereinafter described, and for such further action on the part of the said County Legislature in relation thereto as may be required by law or proper in the premises.
SECTION 2: The Boundaries of said proposed Lake Protection and Rehabilitation District are as stated in the Notice of Public Hearing:
SECTION 3: Notice of Public Hearing
PLEASE TAKE NOTICE, that the County Legislature of the County of Schuyler will meet at the Bradford Central School, Route 226, Bradford, New York in said County on the 29th day of August, 1997 at 7:00 o'clock p.m. for the purpose of conducting a public hearing for the proposal to establish a County Lake Protection and Rehabilitation District in the aforesaid County, to be known as Lamoka/Waneta Lakes Aquatic Vegetation Control & Water Quality District substantially in accordance with a report and certain maps and plans and a District Formation Report for the Lamoka/Waneta Lakes' Aquatic Vegetation Control and Water Quality District prepared by Fagan Engineers and dated September 1996 and revised December 1996 and filed with the said County Legislature by the Schuyler County Lake Protection and Rehabilitation Agency acting as a County Agency, at which time and place said County Legislature will consider said proposal and hear all parties interested therein concerning the same. Said report, map and plans are on file with Clerk of the County Legislature for viewing by the general public during official office hours.
It is proposed that such Lake Protection and Rehabilitation District shall comprise of an area in said County consisting of the area located within the Lamoka & Waneta Lake Watershed all more fully described as follows:
The improvements proposed for the said Lake Protection and Rehabilitation District more fully described in the maps and plans as filed with the Clerk of the County Legislature by the Lake Protection and Rehabilitation District.
The maximum amount to be expanded for said improvement is $214,005.00.
It is recommended that the costs of the improvements will be assessed in proportion as nearly as may be to the benefit which each lot or parcel of land will derive therefrom pursuant to Section 271 of the County Law.
The County Legislature may determine to issue, pursuant to the local finance, the obligation of the County in such amount as the board may estimate to be sufficient to pay the entire costs of the improvements, but not to excess of the maximum amount to be expended for the improvements as stated in this Notice of Public Hearing.
BY ORDER OF THE COUNTY LEGISLATURE OF THE COUNTY OF SCHUYLER, NEW YORK
SECTION 4: That the Clerk of the Schuyler County Legislature is hereby authorized and directed to cause a copy of this Resolution and Notice of Public Hearing to be published in the official paper of the County not less than ten (10) nor more than twenty (20) days before the date set herein for said public hearing.
SECTION 5: This resolution shall take effect immediately.
DISCUSSION: Legislator Franzese said the meeting place for the hearing needs to be set. She suggested the Bradford Central School, especially because it can hold more people than the legislative chambers. Legislator Burnside asked if there was any legal reason why they could not. Attorney Coleman said no. Legislator Hastings said she attended the Community Development and Natural Resources Committee and she thought they decided on holding the hearing here in the legislative chambers. She has no problem going to Bradford, however, she asked that the Chairman call for a vote. The vote was in favor of holding the hearing at Bradford Central School located on Route 226 in the Town of Bradford.
VOTE: Passed 6-0.
RESOLUTION NO. 275 Motion by Hastings, Second by Burnside
RE: AUTHORIZE CHANGE ORDER GC-1 - CONTRACT WITH MCLAUGHLIN ROOFING CORPORATION
WHEREAS, the General Contractor, McLaughlin Corporation, presented a change order dated 7/3/97 to remove and replace rotted wood fascia board using pressure treated lumber and install fascia enclosure metal, and
WHEREAS, the Management and Finance Committee reviewed the change order in reference to the contract with McLaughlin Roofing Corporation and recommends authorization of Change Order GC-1 as follows: