Seneca Lake Guardian

GOVERNMENT OPERATIONS COMMITTEE April 2, 2018 at 1:30 pm Location: Legislative Chambers

Committee members: Tim Dennis Chair, Jim Multer, Vice Chair, Carlie Chilson, Tim Cutler, Earle Gleason, Bonnie Percy

 Tim and Tim Cutler will sign the audit this month  Approve minutes of the March meeting  Public Comment o Joseph Campbell, President Seneca Lake Guardian

Legislative Operations Tim Dennis – Resolution Opposing Waste-To-Energy Plant Proposed Fro Former Seneca Lake Army Depot Site.

Elections – Robert Brechko/Amy Daines  State Legislative update  March Accomplishments  April Objectives

Soil & Water –Colby Petersen  Program updates

Cornell Cooperative Extension – Arlene Wilson  Program updates

IT – Tim Groth  Help Desk calls  Program updates

County Clerk – Lois Hall  Statistical summary  DMV updates  Clerk updates

Clerk of the Legislature – Connie Hayes  Nothing to report this month

Personnel – Kerry Brennan  Various Department updates  Policy Discussions  Continuing Education  Resolution – Amending Resolution No. 129-18 Adopt 2018 Non-Union Salary Schedule

County Administrator – Robert Lawton  Recruit new Historian  Various other activity updates

EXECUTIVE SESSION – If needed SENECA LAKE GUARDIAN

senecalakeguardian.org PO Box 333 Watkins Glen, NY 14891 [email protected]

Know the Facts about the Trash Incinerator Plant Proposed for the Seneca Army Depot in Romulus NY.

Sponsor: Circular enerG, Rochester company with no experience handling garbage or energy production, has proposed building a giant waste incinerator. Circular enerG was incorporated in January of 2017 and the names of the investors and officers are a secret.

Property owner: The land is owned by Seneca Depot LLC, a subsidiary of Flaum Management. Seneca Depot LLC is promoting the project. Seneca Depot LLC shares a Rochester address with Circular enerG, Rochester developer David M. Flaum and Top Capital of New York.

Location: The incinerator is proposed to be built on an 88-acre piece of land in the former Seneca Army Depot, just a few thousand feet from the Romulus Central School where hundreds of students attend class. If students or teachers have asthma, this is an urgent concern.

Source of trash: The developer’s representatives will not disclose the source of the trash, but the probable source is New York City.

Size: As proposed, it would be the largest incinerator in the state, burning 2,640 TONS of garbage every day. The Facility building will be about 180 feet tall (18 Stories), with a steam stack of about 260 feet (26 stories).

The project: The Applicant will construct and operate a waste-to-energy facility at the Project Site, at the former Depot in the Town of Romulus, Seneca County. The Facility will combust municipal solid waste (MSW) and the combustible fraction of construction and demolition debris (C&D) to generate electrical power for sale in the New York market. Residual materials will be recycled, including ferrous and non-ferrous metals, which will be diverted from the waste stream, and/or recovered after combustion.

 Surface Water

The Facility will have a raw water demand of approximately 445,000 gallons per day (gpd) (1,685m3/d), which will be withdrawn from Seneca Lake, about 3.75 miles (6.0 km) west of the Project Site, from an existing water intake formerly utilized by the Depot. Required improvements include relining an abandoned 8-inch (20 cm) pipe, and installing a new pump in the existing wet well. There are no easements for the pipe, nor is there space in the existing pump building to add pumps and the required backup generators.

The Facility is located midway between Seneca and Cayuga Lakes and the air emissions, including dioxins and furans, mercury and lead will be deposited, depending on the wind direction on both lakes.  Air

The information provided to date does not specify the technology to be used or actual estimates of emissions from the plant in operation. The developer simply states that the project will meet all state and federal emissions standards.

However, it is not feasible to remove all the pollutants from the emissions, so there will be a deterioration of air quality. The other concern is that some of the chemicals bioaccumulate in animals and may affect the dairy, fishing and hunting industries.

Here are some projections comparing trash incinerators to a coal power plants. To make the same amount of energy trash incinerators release:

o 28 times as much dioxins/furans

o 2.5 times as much carbon dioxide,

o 2 times as much carbon monoxide,

o 3 times as much nitrogen oxides

o 6-14 times as much mercury,

o Nearly 6 times as much lead, and

o 70% more sulfur dioxides.

http://www.energyjustice.net/files/incineration/trashincineration.pdf

 Agricultural and Tourism Resources

The wine, craft beverage, agriculture, and agritourism industry is driving job creation and economic growth in the Finger Lakes, which is home to hundreds of family vineyards and wineries, generates $2.9 billion in economic activity and supports 60,000 jobs in the Finger Lakes alone. The Finger Lakes has recently become a nationally recognized tourist destination that now attracts millions of visitors annually to its local wineries, breweries, restaurants, farms and other tourist attractions, with businesses located on and around Seneca Lake at the center of this activity. Visitors are attracted to the natural beauty and rural, unindustrialized, character of the Seneca Lake communities and the surrounding area. The proposed trash burning facility 's emissions, truck and rail activity, and visible smoke stack will negatively impact Seneca, Ontario, Tompkins, Yates, Cayuga, and Schuyler Counties, clearly making this a regional threat.

 Transportation

Truck Traffic According to the developer’s original proposal, for 50 MWs of electricity “The Project (trucks only and at full build out) is estimated to generate approximately: 176 waste hauling vehicles/day; 2 slaked line trucks/day; 1 activated carbon truck/day; 1 urea truck/day; 1 lubricating truck/day; 3 scrap ferrous metal trucks/day; 2 non-ferrous trucks/day; and 52 ash or concrete sand trucks/day.

“This traffic would be limited to state highways, either coming from the south on Routes 96 or 414, from the north, via the New York State Thruway, on Routes 96, 96A or 414, or from the east and west on Route 5 (U.S. 20). “These roads are adequate to handle this modest level of truck traffic.”

Because the proposal is now for 80 MW of electricity at full build out, these truck estimates are probably low. Rail

The proposal would use Finger Lakes Railway. Depending on the trash, railways throughout the region may be used. Trash trains will traverse the FLX Railway system that circumnavigates the lake and would be seen and heard from many wineries and tourism related businesses, 6 days a week.

The proposal states that “rail-haul operations would include deliveries of 30 flat railcars carrying 120 sealed containers Monday through Saturday each week. The rail facility is estimated to be capable of delivering up to 2,000 tpd.

Opposition to the Incinerator Proposed for Romulus, NY

Elected Officials

Assembly Minority Leader, Brian Kolb (R) Assemblyman Phil Palmesano (R) State Senator Pam Helming (R) Romulus Town Supervisor David Kaiser

Municipal Resolutions

Seneca County Town of Romulus Town Board Town of Romulus Planning Board Town of Covert Town of Tyre Town of Varick Town of Fayette Town of Ovid Town of Lodi Town of Waterloo Town of Seneca Falls Town of Junius Ontario County City of Geneva Town of Geneva Tompkins County Town of Skaneateles (Onondaga County) Village of Skaneateles (Onondaga County) Town of LaFayette (Onondaga County) Town of Starkey (Yates County) Town of Torrey (Yates County) Village of Cayuga (Cayuga County) Town of Hector (Schuyler County)

senecalakeguardian.org PO Box 333 ▪ Watkins Glen, NY 14 89I [email protected]

Other Opposition

Romulus Central School Board Seneca Watershed Intermunicipal Organization (SWIO) New York State Wine Industry Association (NYWIA)

Resolutions Pending

Cayuga County (should pass at March mtg) Yates County (should pass in April) City of Ithaca

Non Governmental Organizations Opposed

Seneca Lake Guardian, A Waterkeeper Alliance Affiliate Finger Lakes Wine Business Coalition (FLXWBC) Finger Lakes Zero Waste Coalition Concerned Citizens of Seneca County Cayuga Lake Watershed Network Romulus Residents Opposed to Trash Trains Sierra Club, Atlantic Chapter Sierra Club, Finger Lakes Group Seneca Jet d’Eau, LTD The Seneca County Federation of Sportsmen’s Club, Inc

Opposition Pending

Finger Lakes Watershed Regional Alliance Owasco Watershed Lake Association (OWLA) Cayuga County Farm Bureau

senecalakeguardian.org PO Box 333 ▪ Watkins Glen, NY 14 89I [email protected] TOWN OF ROMULUS

David Kaiser, Supervisor Marjorie Van Hyning, Town Clerk 1435 Prospect Street Daryl Morrell, Superintendent of Highways P.O. Box 177 Kyle Collinsworth, Councilman Willard, New York 14588 Michael Joslyn, Councilman PHONE: 607-869-9326 Ralph Walborn, Jr., Councilman FAX: 607-869-5763 Joseph Brodnicki, Councilman Email: [email protected]

TOWN OF ROMULUS TOWN BOARD OPPOSED TO SITING THE PROPOSED CIRCULAR ENERG’S WASTE-TO-ENERGY PROJECT WITHIN THE TOWN OF ROMULUS RESOLUTION #16-18

WHEREAS the Town Board of the Town of Romulus Board did meet at their regular public meeting on February 21, 2018 at the Town of Romulus Town Hall, 1435 Prospect Street, Willard, NY 14588; and

WHEREAS, a recently formed company named Circular enerG, LLC has proposed building the largest garbage incinerator in New York State in the Town of Romulus, Seneca County, squarely between Seneca and Cayuga lakes, the two largest of the Finger Lakes; and

WHEREAS, Circular enerG has informed the Town that it will be applying for approval under Article 10 of the Public Service Law, from the Board on Electric Generation Siting and the Environment, instead of seeking zoning approval from the Town; and

WHEREAS, representatives of the Siting Board have indicated that efforts to increase renewable energy in New York State must ‘protect and accommodate the concerns of local communities’; and

WHEREAS, Circular enerG has not received a building permit from the Town of Romulus, nor is the use described a permitted use under the Town of Romulus Zoning Code; and

WHEREAS, the Town of Romulus has enacted specific provisions in its Zoning Code with the intention of restricting land use activities involving waste materials, including the following:

Article VI, Section 8 states that, “The storage of any waste material, except for food processing or agricultural waste and marketable recyclable materials, is prohibited;” and

Article VIII, Section 15 states that, “The storage, processing of any waste materials, except for food processing or agricultural waste and marketable recyclable material, is prohibited;” and

WHEREAS the Town Board believes that the proposed Waste to Energy project would be contrary to the Town’s stated intent with regard to land use activities involving waste materials; therefore

LET IT BE RESOLVED that the Town Board of the Town of Romulus is opposed to siting the proposed Circular enerG’s waste-to-energy project within the Town of Romulus.

This Resolution shall take effect immediately.

The question of the adoption of the foregoing Resolution was duly put to a roll call vote, which resulted as follows:

Motioned by: Councilman Michael Joslyn Seconded by: Councilman Ralph Walborn, Jr.

Carried

This Resolution was thereupon duly adopted.

Roll Call Vote: Councilman Michael Joslyn Yea Councilman Ralph Walborn, Jr. Yea Councilman Joseph Brodnicki Yea Councilman Kyle Collinsworth Yea Supervisor David Kaiser Yea

February 21, 2018 Marjorie Van Hyning Marjorie Van Hyning, Town Clerk Town of Romulus

RESOLUTION OPPOSING WASTE-TO-ENERGY PLANT PROPOSED FOR FORMER SENECA LAKE ARMY DEPOT SITE

WHEREAS, Circular EnerG, LLC submitted an application for a Special Use Permit in order to construct a waste-to-energy plant on 39.4-acres of land at the former Seneca Army Depot in the Town of Romulus, New York; and

WHEREAS, Operation of said proposed waste-to-energy plant would involve importation of up to 2,640 tons of municipal solid waste (MSW) per day to be burned to generate 25 to 50 Megawatts of electricity, involve shipping of up to 176 tractor-trailer loads of MSW per day on local roads or up to 30 rail cars of MSW per day, and create a major new source of air pollution in the Finger Lakes Region; and

WHEREAS, The Yates County Legislature has serious concerns over the negative environmental impacts associated with said proposed waste-to-energy facility on Finger Lakes’ tourism, quality of life, water quality, and air quality, and thus the negative impact these would have on the economic vitality of the Finger Lakes Region’s tourism and agriculture industries; and

WHEREAS, The Yates County Legislature is aware that the Special Use Permit application before the Town of Romulus Planning Board for said waste-to-energy facility has been withdrawn and that Circular EnerG LLC has stated its intent to submit an application to the State Board on Electric Generation Siting and the Environment for said waste-to-energy facility under Article 10 of the Public Service Law of the State of New York; and

WHEREAS, The Government Operations Committee recommends adoption of this resolution;

NOW THEREFORE BE IT RESOLVED, That Yates County Legislature does hereby oppose the Circular EnerG, LLC waste-to-energy plant construction proposal at the former Seneca Army Depot site; and be it

RESOLVED, That certified copies of this resolution be sent to Governor Cuomo, State Senator O’Mara, Assemblyman Palmesano, the New York Association of Counties, the Intercounty Association of Western New York, the Seneca County Board of Supervisors, Romulus Town Board, the Planning Board of the Town of Romulus, the Zoning Board of Appeals of the Town of Romulus, and the State Board for Electric Generation Siting and the Environment.

To: Government Operations Committee

From: Bob Brechko, Amy Daines

Date: March 1, 2018 Subject: Monthly Report for March 2018 Meeting

State Legislative Update:

State Legislature has been working on the annual budget. Nothing new to report regarding elections. Issues pending – Early Voting; increasing the allowable number of voters in a district; Combining the State and Federal Primaries.

March Accomplishments

 Held the Penn Yan Village Election on March 20th.  Registered high School Seniors at Marcus Whitman and Dundee on the 13th. Penn Yan is scheduled for April 10th.  Continued revising the Inspector Training and Poll Site Manuals.  Started visiting the Town meetings to update them on Election concerns.  Attended a Regional Commissioners Meeting for continued education and development. Several topics discussed were Cyber security, the computer breach in Schuyler County and the effects on the BOE, TEAM Registration Poll Worker module usage - pro’s and con’s and politics in the office. Future meetings planned with Deputies and Technicians at various Counties.  Began sharing our obit research of registered Veteran voters with the Veterans office staff. Just one more way we can work effectively as a team with another department and reduce repetitive tasks.  Prepared our annual report to the Legislature.

April Objectives  Register Penn Yan high School seniors on April 10th.  Continue visiting Town meetings.  Preparing for Inspector training classes which will start in May.  Distribute registration forms and absentee ballot applications to various sites in the county (26 locations).  Prepare School District ballots for May budget vote.  Regional meeting for Deputies April 26th in Watkins Glen.  Prepare for presentation in May with electronic pollbooks as we continue our proactive strategies for the future voting machine replacement and potential early voting requirements and Capitol Plan funding.

Please stop by our office to discuss these topics or any others that may be of concern. Thank you. Soil and Water Conservation Districts Yates County Soil & Water in New York State Conservation District 417 Liberty Street Protecting Today, Preserving Tomorrow Penn Yan, New York 14527 Office- (315) 536.5188 Fax- (315) 536.5136

Government Operations Report

Seneca Lake Water Quality Summit:

Research was presented on the state of Seneca Lake and 5 tributaries. The lake is showing signs of degradation and higher colonies of algae in the water column. Seneca Lake Pure Waters Association (SLPWA) has organized a citizen based group to monitor HABs on 40 miles of shoreline. Pollutant loading from the tributaries is the primary source of nutrients. Presentations will be available on the Seneca Lake Pure Waters website; https://senecalake.org/presentations/ Soil Health Workshop:

Yates SWCD co-sponsored the Soil Health & Nutrient Management Workshop held at the Geneva Ag Experiment Station. Over 100 people attended the event. The main theme was cover cropping for nutrient uptake and soil loss prevention. By using a cover crop, farmers are able to sequester nutrients for upcoming crops while stabilizing what would otherwise be fallow soil. The results are both an economic and environmental benefit.

Milo Agricultural Advisory Committee:

The Committee met to discuss strategies for Soil and Water to change our scope of services to meet the Mennonite community’s needs. Since they do not participate in grant programs, the best method to promote best management practices on their farms is to educate. The continued success of the Soil Health Workshop was a prime example and led to a discussion of holding something similar in the future in Yates County.

Ag Value Worksheets:

71 worksheets were completed on 4563 acres of farmland in Yates County.

Water Quality Symposium:

4 District staff attended the annual Conservation District Employee’s Association Water Quality Symposium in Syracuse. This training opportunity provides the majority of the continuing education credits required for staff certifications as well as emerging issues related to the wide scope of work that District’s perform. Program Updates Cornell Cooperative Extension of Yates County Arlene Wilson, Executive Director Governmental Operations Meeting April 4, 2018

Human Ecology and 4-H Update

TANF Life Skills Program (Scheduled Workshops)

Yates County Workforce Development Series

 March 7th [7 participants]. To Spending Habits and Benefits of/Tips for Tracking Money Spent.  March 21st [5 participants]. To Spending Habits and Benefits of/Tips for Tracking Money Spent.

4-H and Youth Development (Tammi Jo Swearingen and Jen Clancey) March 17th – Tammi Jo attended the Dundee Fairy Tale Festival, representing CCE and promoting 4-H. -127 kids, 107 parents/adults, and 19 agencies presented. - Tammi Jo organized an animal track activity for youth to make prints of tracks in sand.

Dundee Afterschool Date Topic Participants March 1st STEM unit on flight 10 students March 8 STEM unit on flight 9 students March 15th STEM-Flight- parachutes 8 students

4-H Club at Rainbow Date Topic Participants March 21st STEM unit on flight 11

4-H Clubs Date Topic Participants March 3rd District Horse 4 Extravaganza March 4th Ribbon Wreath Workshop 5 March 6th Teen Etiquette Dinner 7 March 7th International Harvester 6 [Aloe propagation]

Agriculture Educator Report

March 19th – 23rd – Ag Literacy Week – Visits are planned with Dundee, Pen Yan, and St. Michaels schools, as well as the Dundee, Penn Yan, and Branchport Libraries. - Tammi Jo and Caroline, along with volunteer from Yates County Farm Bureau are serving as our local readers. - Yates County books were provided by Yates County Farm Bureau and at the conclusion of the week, each school and library will receive a copy of this year’s book – “Before We Eat – From Farm to Table”.

Workshops and Outreach

Penn Yan Extended Day Program-

Penn Yan Afterschool Date Topic Participants March 5 Garden Design 13 students 2 adults March 8 Garden Design 18 students 2 adults March 12 Plant ID 15 students 2 adults March 15 Plant ID 18 students 2 adults March 19 Reduce, Reuse, Recycle 15 students 2 adults March 22 Reduce, Reuse, Recycle 18 students 2 adults March 26 Planting for the Future 15 students 2 adults March 29 Planting for the Future 18 students 2 adults

March 6: WFLR with Lucas Day to promote Yard ‘n Garden Days and Garden Happy Hour workshops.

Meetings

March 7: Farmland Protection Board Yates County Ag Development and Farmland Enhancement Plan review subcommittee

March 13: Farm to Cafeteria monthly meeting. Brought in Robert Haddad from Cornell University to discuss Food Safety Modernization Act (FSMA) and Good Agricultural Practices (GAP). 16 attendees.

Natural Resources Programming

3/12/18: New York Hemlock Initiative presentation regarding managing hemlock woolly adelgid in the Keuka Lake Watershed and biological control methods: 15 participants

3/17/18: Yates County Master Forest Owners spring workshop: “Wildlife and Your Woods”: how to manage your woods to benefit wildlife: 26 participants

Marcus Whitman Middle School.

Date Topic Participants

March 9th watershed stewardship 70 students March 16th Water percolation 70 students

Cornell Cooperative Upcoming Events:

April 19th – SCOPE Chicken and Biscuit Dinner to benefit Yates County youth Shooting Sports April 20: Earth Day [Recycling Event]

April 26: Soil Health for home Gardens and Homesteads

May 1: Garden Happy Hour 5-6pm June 2 (tentative date): Bread School- Artisan bread production with Mary-Howell Martens (Lakeview Organic Grains) and Brad Holland (Chef and bread maker, Fox Run Vineyards)

TO: Yates County Legislature

FROM: Arlene Wilson, CCE Yates Executive Director

PREPARED BY: Elizabeth Newbold, Finger Lakes Land Trust

RE: Support for submission of Farmland Protection Implementation Grant Program application for the Robert Henderson Farm

Program Background

Beginning in 1996, the NY State Department of Ag & Markets started protecting farmland across the state through the Farmland Protection Implementation Grant Program (FPIG). This program partially funds the purchase of development rights on farmland (with the landowner donating the remainder). This places a conservation easement on the property, limiting the amount of subdivision and development and keeping it available for agriculture in perpetuity. The intent of the program is to protect viable agricultural land that is threatened by development. In 2008, after the economic downturn, the state suspended the program until funding became available again in 2014 when a round of awards was announced. In March of 2016, the Department of Ag & Markets released a request from proposals, accepting applications through June 13, 2016. Taking feedback from Ag & Markets into consideration, the Henderson application was improved and resubmitted in 2016 during round 14 and successfully reached the required funding point level, however funds for the program were allocated to other applications ranked higher and ran out before reaching the Henderson application. Yates County, Town of Milo, the Finger Lakes Land Trust, and the landowner recognize the importance of protecting the Robert Henderson farm and therefore will be re-submitting this application in upcoming round 15.

Yates County’s Involvement

Yates County has been actively involved in the FPIG program, successfully protecting 4 farms, totaling nearly 1,300 acres. Yates County competes well in this program given the high quality soils, access to diverse markets, and extensive support infrastructure (equipment dealers, engine repair, seed suppliers, and fertilizer and chemical companies). At the same time, the farms in Yates County feel development pressure from a growing demand for tourism business infrastructure, low density rural housing, and increased short term housing needs for tourists.

Yates County Former and Current Support

Prior to the 2014 round, the FPIG program required applications to be submitted on behalf of the farmer by a Town or Municipality. Yates County previously submitted these applications through Peter Landre, the former ED for Cornell Cooperative Extension. The County administered the funds for the projects, providing up-front cash to cover transaction costs associated with the projects until reimbursement was received from the state. Additionally, the County facilitated the transfer of all funds from the state to the Finger Lakes Land Trust, Cornell Cooperative Extension and printed checks when necessary.

In 2014, the terms of the program changed, allowing the Finger Lakes Land Trust to apply directly to the program on behalf of the farmer, instead of in partnership with the County as in previous rounds. This was done in order to make the process more efficient since it is the Land Trust that holds and monitors the conservation easement on the farmland overtime. Prior to 2014, support for the Towns and Counties for the project was known since they were submitting the application. Now that the Land Trust is the applicant, the Department of Ag and Markets requires that the application document support from the Town and County where the farm is located. The Town of Milo passed a resolution of supported at their April 25th Town Board meeting. Additionally, while not required, significant points are awarded when there is a cash match pledged with the application. Now that Towns and Counties are no longer taking on the financial responsibility of submitting applications they are able to pledge a small cash contribution to the application. The amount requested in the application is 5% of transaction costs, not to exceed $5,000. The transaction costs consist of: staff time, legal fees, title report update, survey, appraisal, title insurance report, and stewardship contribution. 5% of transaction costs for this project are proposed to be $2,267. However, the budget is based on estimations and could increase or decrease once bids are received during implementation of the project. If pledged, funds would not need to be available until project closing, anticipated to be in 2018.

If awarded, protection of the Robert Henderson Farm will add to and be contiguous with the already FPIG protected 800 acres of farmland along Route 14A.

Attached, please find a map of the property, a resolution of support for the application, and a resolution pledging a cash match for the project.

Attachment #1 – Property Map

Attachment #2 – Resolution of Support

APPROVAL OF NEW YORK STATE DEPARTMENT OF AG AND MARKETS FARMLAND PROTECTION GRANT PROGRAM

WHEREAS, the 2004 Yates County Agricultural Development and Farmland Enhancement Plan states in part that support for “the presence of conditions that allow Yates County’s extraordinarily diverse agricultural economy to continue to grow and prosper” should be implemented through recommended tools, “among them is the Purchase of Development Rights, which is a program that Yates County should consider for some of its land areas with…prime agricultural areas for vegetable production or other high-value crops…”; and

WHEREAS, New York State provides funding for the protection of valuable farmland through the Farmland Protection Implementation Grant Program; and

WHEREAS, the Robert Henderson Farm has been selected through a competitive selection process by the Yates County Ag and Farmland Protection Board to apply to the state program; and

WHEREAS, the Finger Lakes Land Trust has agreed to apply to the state program on behalf of the Robert Henderson Farm and to hold, monitor and enforce the conservation easement, should the project be funded; and

WHEREAS, the Yates County Legislature values the contributions and protection of agriculture in the County and recognizes the important opportunity the New York State Farmland Protection Implementation Grant Program provides for farmers across the state;

NOW, THEREFORE, BE IT RESOLVED, the Yates County Legislature supports the application of the Robert Henderson Farm for the New York State Farmland Protection Implementation Grant Program.

Attachment #3 – Resolution of Cash Pledge

PLEDGE OF CASH MATCH FOR APPLICATION TO THE NEW YORK STATE DEPARTMENT OF AG AND MARKETS FARMLAND PROTECTION GRANT PROGRAM

WHEREAS, New York State provides funding for the protection of valuable farmland through the Farmland Protection Implementation Grant Program; and

WHEREAS, the Robert Henderson Farm has been selected through a competitive selection process by the Yates County Ag and Farmland Protection Board to apply to the state program; and

NOW, THEREFORE, BE IT RESOLVED, the Yates County Legislature pledges a cash match of 5% of the project’s transaction costs, or $5,000, whichever is less, to be provided at the time of the project’s closing in support of the application for the Robert Henderson Farm for the New York State Farmland Protection Implementation Grant Program.

Cardboard Flat Panel TV’s All Metals Aluminum Cans Printers/Fax Machines Large Appliances– Tin Cans Laptops dishwashers, dryers, stoves, #1 and #2 Plastic – soda, Computer Towers washers, ANYTHING WITH water bottles, milk jugs, Keyboards COOLLANT $10 CHARGE household cleaner bottles, VCR/DVD Players (Refrigerators, Freezers, AC juice bottles, shampoo Gaming Consoles units, Water Coolers, and bottles, detergent bottles, dehumidifiers) etc. Small Appliances– Glass bottles/Jars microwaves, fans, coffee pots, toaster ovens, hair dryers, vacuums

“Cornell Cooperative Extension provides equal program and employment opportunities”

YATES COUNTY INFORMATION TECHNOLOGY 417 Liberty Street, Suite 2027 Penn Yan, New York 14527 Phone: 315-531-3444 Fax: 315-531-3226

MEMORANDUM

To: Government Operations Committee

From: Tim Groth I.T. Director

Date: March 28, 2018

Re: Report for March 2018

SUMMARY

 Help-Desk calls o In the month of February, the I.T. Help Desk took in 186 calls.

 I.T. Project Update Summary

o Intra-Net Site Update o Public Safety Tablet Demo’s o Migration Upgrades to Windows 10 Operating System

 Password Self-Service Training for Legislators

o I would like to continue with the process of stepping the Legislators who have not registered, through the password AD-Self Service setup. We are available either after the Government Operations committee meeting concludes or by appointment at their convenience.

Project Updates

 Intra-Net Site Update

The I.T. Department continued working with the CivicPlus Project Manager and their technical support person responsible for the ADFS (Active Directory Federation Services) on installation and configuration. The ADFS services manage the user connectivity to the new Intra-Net site. We are scheduled for delivery of the initial production version of the Intra-Net site on March 30th from CivicPlus at which time we will start testing connectivity and configurations. We are still on track for our Intra-Net training from April 18th – 20th and the anticipated Go-Live launch date of April 26th.

 Public Safety Tablet Demo’s

We are currently working with a few vendors on obtaining ruggedized tablets for testing. We will install the Public Safety applications required for this evaluation trial period and we will test out their functionality in both the patrol vehicles and potentially the marine patrol. The Sheriff’s office has had a need for PC capability/connectivity in the patrol boats for some time and we hope that this trail will lead to a solution that will fit that requirement.

 Migration Upgrades to Windows 10 Operating System

As of the end of February, we have about 1/3 of our desktop and laptop inventory upgraded to the newest Windows 10 Operating System. The lifecycle end-of-support for Windows 7 is scheduled for January 14, 2020 at which time Microsoft will no longer provide security patch management for this product. Much like the migration from Windows XP to Windows 7, we will need to accelerate the machine OS upgrades to become compliant by 2020. We have several PC’s that are scheduled to be replaced by this deadline, but there will be a handful that are currently running Windows 7, however they will not be due for replacement. In that case, we will need to purchase Windows 10 licensing and upgrade the existing machines.

YATESCOUNTY Laptops with Windows 7: 46 Desktops with Windows 7: 34 Laptops with Windows 10: 18 Desktops with Windows 10: 57

YATESPS Laptops with Windows 7: 24 Desktops with Windows 7: 47 Laptops with Windows 10: 8 Desktops with Windows 10: 0

INTER-OFFICE CORRESPONDENCE

YATES COUNTY

TO: Tim Dennis, Chair Legislators Government Operations Committee

FROM: Lois Hall, County Clerk

SUBJECT: Updates—County Clerk’s Office

DATE: March 29, 2018

STATISTICAL REPORTS DMV retention for the month of February $13776.75. Sales tax collected $23624.64. County Clerk transactions 1609 (up from 1531 in 2017) total amount collected $184,611.71

DMV Clerk representatives met with Terri Egan Deputy Commissioner in regards to DMV budget implications. She feels there will be no DMV increases included with the new state budget.

Staff participated in a webinar for training with the new Road Test scheduling site. This site was implemented a few weeks ago and was not easily accessible by anyone. DMV feels that they have the bugs worked out. We will soon see.

Senator Tedesco has passed a bill (S.5369/A.9617) to help consumers, small business owners and local county governments by extending the time frame in which a car owner has to submit their license plates to the DMV from 24 hours to 10 days if their car is ever repossessed. This bill will now move to the state Assembly for consideration. Previously there was a 24 hour window to surrender the plates after repossession. If the vehicle was redeemed by the customer they would have to visit a DMV and be issued a new set of plates to drive their car from the repo lot.

April is Donate Life month. The DMV will be promoting Organ Donation in the office.

CLERK Attached you will find a legislative update from our liaison Patrick Cummings in regards to the budget negotiations in Albany. Bill S7751 (Marchione)/A4127 (Magee) passed Senate today. This bill would allow a county clerk could adopt a system to receive and retain maps utilizing an electro-mechanical, electronic or any other method they deem suitable for receiving and retaining maps.

Real estate transactions have been steady as well as the civil and criminal courts. Thirteen more civil and criminal actions were filed in February (70) as opposed to January 17 (55).

February is typically a slower month in both offices but business has remained steady this year.

With the passport fees increasing we are seeing an increased amount of passport applications submitted here.

Yates County Office of Personnel 417 Liberty Street Penn Yan, NY 14527 (P) 315.536.5112, (F) 315.536.5118 [email protected] GOVERNMENT OPERATIONS COMMITTEE AGENDA APRIL 2018

This is to update you on the recent activity of the Personnel Office.

ACTIVE SHOOTER TRAINING FACILITATION:

After having been contacted by a local Town Supervisor asking for my help in facilitating an Active Shooter Training, I contacted the Sheriff’s Office and worked with Sgt. Frank Ryan on scheduling a training for March 28th. The intended audience is all local municipalities and cooperating agencies. County employees who were unable to attend back in December have been asked to attend if schedules allow for it. I set up a registration page on our website that participants could utilize to register for the training. 20 people attended from 5 different entities.

ANNUAL REPORT:

I submitted my annual report to Connie on March 26th.

BENEFITS:

I had a meeting with the Benefits and Wellness consultant with Excellus regarding innovative methods on creating a healthier workforce and reducing the cost of health insurance on March 27th. I will be working with the consultant to formulate some ideas and discuss them with the Wellness Committee and the Legislature.

BLOOD DRIVE:

Here are the results of the March 16th Blood Drive sponsored by the County:

Goal: 18 Units Collected: 22 Patients Helped: 66!

Our next Blood Drive is scheduled for September 12th, 9:00 AM – 1:00 PM.

CIVIL SERIVCE EXAMINATIONS:

In March we held three centralized for Police Chief, LT Corrections Officer and Senior Account Clerk Typist. The exams were given on two separate Saturdays totaling ten and a half hours. We also gave two decentralized exams during the course of our normal business hours for Clerk and Custodian. In all, 17 people were tested.

EMPLOYEE HANDBOOK UPDATE:

The contract and all required documentation were sent to the County Attorney for approval on 3/14/18. Once I receive it back I will execute the contract and start working with Public Sector HR on updating the handbook.

NATIONWIDE REVENUE:

When getting quotes for auditing firms for the 437(b) Plan Audit I reached out to a couple surrounding counties to see who they work with and the associated cost. As I received responses, I also learned that other counties received reimbursement for the cost of the audit from their 437(b) Plan Administrators. I looked through our agreement with Nationwide and there was no mention of this and we hadn’t been receiving reimbursement for the past few years. After learning this, I went to Nationwide inquiring about reimbursing us for the cost associated with the audit. I was told that we are eligible to receive reimbursement and that we used to get reimbursed but that we hadn’t submitted a claim for reimbursement since 2014, which would be consistent with the transition in personnel in this office. Although I learned we were eligible for reimbursement, when I asked if we could be reimbursed for prior years I was also told that we are only eligible for a max of $2,500 a year and that we would not be able to get reimbursed. I of course felt this was unacceptable and persisted with the matter and after much discussion/back and forth I was successful in getting our full reimbursement for the prior plan year audits. I have already received the check for $5,000 for 2015 and 2016. I will be submitting for reimbursement for the 2017 plan year after we pay the auditors and once we receive our audit report.

The most we can currently receive in reimbursement is $2,500 as the reimbursement allotment is based on the monetary asset figure. Yates County’s assets are currently $8 million, if/when we get to $10 million the reimbursement amount increases to $5,000. We currently pay $4,000 a year to have this audit completed. The NYS State deferred comp board requires that all NY 457B plans be audited annually. Nationwide estimates that the way our plan has been growing we should reach $10 million within 2-3 years.

NYS RETIREMENT MEETINGS:

COUNTY EMPLOYEES We have arranged for a consultant from NYS Retirement to meet with employees who are within 5 years of retirement or are 65 or older on June 12th and 13th. There are a total of 28 appointment times available, so far more than half have been spoken for. This is the third year in a row we have organized and facilitated this benefit for staff.

OUTSIDE EMPLOYEES New this year, I have been successful in arranging a NYS Retirement consultant to come and meet with public employees employed by local municipalities or other public entities other than the County who fall under NYS Retirement. We’ve made 14 appointments available and all time slots have been filled. The representative will be here on May 15th. In the next week or so we intend to open the remaining appointments for June 12th and 13th to outside employees.

NYS RETIREMENT ONLINE REPORTING:

I participated in a 2 hour training on how to use the new online system. This training was the first out of several both Karen and I need to participate in, in order to gain access to the system.

RECRUITMENT/NEW HIRE ORIENTATION/CIVIL SERVICE RELATED MATTERS:

We continued to assist departments and municipalities in all things related to personnel. During this month we spent a considerable amount of time working with Public Health, Real Property, the Sheriff’s Office, Social Services, Town of Milo and the Village of Penn Yan.

UNEMPLOYMENT CLAIMS:

During the month of March I received and contested two new unemployment claims. We will receive notification from the State regarding the determination in the near future.

ITEMS FOR DISCUSSION:

 POLICY UPDATES:

 Accrual Leave Donation and Sick Bank Policy: o Received approval from Legislature on 3/5/18 to draft a policy. o Drafting the policy.

 FMLA Policy: o Received approval from Legislature on 3/5/18 to draft a policy. o Have draft policy to send to Management Team for review. o The proposed policy will be brought to the Legislature for review in May, and then it will be brought back for possible adoption in June.

 Parking Policy: o Management Team – Reviewed the policy and offered suggested changes during the 2/14/18 Management Team meeting. o Attached to my agenda is the current draft policy. If Legislators have any suggested changes, please let me know and I can incorporate them into the draft. o The draft has been reviewed by the County Attorney and Labor Attorney and their suggested changes are reflected in the draft. o The draft policy was presented to the Legislature in March for review and feedback. I have not received any feedback as of 3/27/18. o The proposed policy is attached for adoption in April.

 Personnel Complaint Policy: o Received approval from Legislature on 3/5/18 to draft a policy. o Drafting the policy.

 Pre-Employment Background Investigation Policy and Procedure: o Notified the Legislature in December and provided a draft policy. o Policy presented to the Management Team in December for feedback. o The Probation Director, Social Services Commissioner, IT Director provided suggested changes and/or input. I also worked closely with the DSS employee who was assigned with drafting a department level procedure regarding the new IRS guidelines, to make sure we are consistent in our language and are in compliance. o County Attorney - has reviewed the policy and provided feedback. o Labor Attorney - is currently reviewing it. o Management Team - discussed the proposed policy on 2/14/18 and no additional changes or suggestions were made. o The draft policy is attached for your review and feedback this month (April). I will bring it back for adoption in May.

 Non-Union Telecommuting Alternate Work Arrangement Policy and Procedure: o The Legislature adopted the Non-Union Telecommuting and Alternative Work Arrangement Policy September 2017. At that time, the associated attachments were not included. o The amended policy includes the attachments as well as added language to address the frequency of Legislative review and who the authorized signatories are. o The policy and associated documents have been sent to the County Attorney and his suggested revisions have been implemented.

o The policy and associated documents were discussed with the Management Team at the 2/14/18 Management Team Meeting and no additional changes were suggested. o The draft policy was presented to the Legislature in March for review and feedback. I have not received any feedback as of 3/27/18. o The proposed policy is attached for adoption in April.

 Workers Compensation Administration Policy: o Received approval from Legislature on 3/5/18 to draft a policy. o Have draft policy to send to Management Team for review. o The proposed policy will be brought to the Legislature for review in May, and then it will be brought back for possible adoption in June.

CONTINUING EDUCATION:

 NYS Association for Self-Insured Counties: May 3rd – May 4th  NYS Association of Personnel and Civil Service Officers: June 11th – June 13th

CONTRACT(S):  None

RESOLUTIONS:  Amend Resolution NO. 129-18 Adopt 2018 Non-Union Salary Schedule (District Attorney)

PERSONNEL OFFICE VACANCY REPORT

Vacancy Report Account Personnel Vacancy New Hire - Current Vacant Position Number Department Status Start Date Position Status Recent Activity Staffing Level 3/2018 Account Clerk Typist A6010.51200 Social Services FT – 35 Hrs 1/29/16 DOH 3/16/2018 1 4 Account Clerk Typist A3110.51997 Sheriff PT – 17.5 Hrs 12/4/17 Job offer accepted. DOH 4/15/2018 0 0 Assistant DA A1165.51036 District Atty. FT – 35 Hrs 12/31/17 Currently recruiting. 0 1 Assistant PD A1170.51565 Public Defender PT – 17.5 Hrs 2/16/18 Currently recruiting. 0 1 Caseworker A6010.51354 Social Services FT – 35 Hrs 4/6/18 Currently recruiting. 0 10 Clerk A3110.5TBD Sheriff PT – 17.5 Hrs New Job offer accepted. DOH 4/15/2018 0 0 Corrections Officer A3150.51818 YCSO – Jail FT – 40 Hrs 12/31/17 Currently recruiting. 0 34 Corrections Officer A3150.51833 YCSO – Jail FT – 40 Hrs Unknown DOH 3/5/18 1 35 Deputy Sheriff A3110.5TBD YCSO – Road FT – 40 Hrs 1/9/18 DOH 3/30/18 1 13 Deputy Sheriff A3110.51762 YCSO – Road FT – 40 Hrs 3/21/18 Currently recruiting. 0 13 Deputy Sheriff SGT A3110.51739 YCSO – Road FT – 40 Hrs 10/10/17 Provisional Appt. 3/21/14 1 4 ES Dispatcher A3021.51714 YCSO – E911 FT – 40 Hrs 8/14/17 Currently recruiting. 0 7 Historian A7510.51075 Historian PT – 17.5 Hrs 11/16/16 Advised by CA position will be left vacant 0 0 through 2018. Principal SWE A6010.51370 Social Services FT – 35 Hrs 12/7/17 DO Promotion 3/28/18 1 3 Public Health Spec A4010.51329 Public Health FT – 35 Hrs 8/4/17 DOH 3/5/18 1 1 Registered Nurse A4010.51341 Public Health FT – 35 Hrs New DOH 5/1/18 0 1 Secretary to PD A1170.51646 Public Defender PT – 17.5 Hrs 12/31/17 Currently recruiting. 0 0 Sr. Account Clerk Typist A1355.51271 Real Property Ft – 35 Hrs 3/13/2018 Currently recruiting. 0 0 Social Welfare Examiner A6010.51399 Social Services FT – 35 Hrs New DOH 3/12/18 1 11 Social Welfare Examiner A6010.51394 Social Services FT 35 – Hrs 3/28/18 Currently recruiting. 1 11 **Currently Recruiting means the Personnel Office has advertised the position and is collecting applications**

Continuous Recruitment (Applications are accepted on a continuous basis)

Position Title Account Number Department Personnel Status New Hire - Recent Activity Current Staffing Level 3/2018 Corrections Officers A3150.51990 YCSO – Jail Part Time 0 10 Corrections Officers A3190.51981 YCSO - Court Part Time 0 4 Deputy Sheriff A3110.51985 YCSO – LE Part Time 0 3 Dispatcher A3021.51986 YCSO – Dispatch Part Time 0 0 Marine PO A3110.51995 YCSO – LE Seasonal 0 4

NON-REPRESENTED EMPLOYEE TELECOMMUTING AND ALTERNATIVE WORK ARRANGEMENT POLICY Adopted by Resolution 260-17 September 11th, 2017

I. PURPOSE:

Telecommuting and Alternative Work Arrangements are voluntary work arrangements that enable an eligible employee with prior Legislative approval to work from home, other work environments or in a satellite office instead of commuting to a work place.

II. AUTHORITY:

Following approval from the Supervising Authority, the Yates County Legislature will be the body that will make the final determination.

III. SCOPE:

This policy applies to all Yates County Non-Represented employees other than those employed as attorneys in the offices of the District Attorney, Public Defender, Conflict Defender, the County Attorney or the Department of Social Services.

IV. DEFINITIONS:

Supervising Authority is defined as the appointing authority that hired or appointed the employee

V. POLICY:

Yates County considers Telecommuting and Alternative Work Arrangements to be a viable alternative work arrangement in cases where individual, job, and supervisor characteristics are best suited to such an arrangement. Telecommuting and Alternative Work Arrangements allow employees to work at home, on the road, or in a satellite location for all or part of their regular workweek. Telecommuting and Alternative Work Arrangements are a voluntary work alternative that may be appropriate for some employees and some jobs. It is not an entitlement and it is not a County wide benefit. Telecommuting and Alternative Work Arrangements in no way change the employees’ terms and conditions of employment with Yates County.

1. Telecommuting and Alternative Work Arrangements can be informal, such as working from home for a short-term project or on the road during business travel, or formal, as will be described below. Other informal, short-term arrangements may be made for employees on family or medical leave, to the extent practical for the employee and the County, and with the consent of the employee’s health care provider, if appropriate (refer to the Yates County Family Medical Leave Act Policy). All informal Telecommuting and Alternative Work Arrangements are made on a case by case basis, focusing on the business needs of the County first. 2. Any Telecommuting and Alternative Work Arrangement may be discontinued, at will, at any time at the request of either the employee or the County. 3. The County will determine, with information supplied by the employee and the supervising authority, the appropriate equipment needs (including hardware, software, modems, phone and data lines, facsimile equipment or software, photocopiers, etc.) for Telecommuting and Alternative Work Arrangements on a case-by-case basis. 4. Equipment supplied by the Yates County IT Department will be maintained by the County. Equipment supplied by the employee, if deemed appropriate by the County, will be maintained by the employee. The County accepts no responsibility for damage or repairs to employee-owned equipment. The County reserves the right to make determinations as to appropriate equipment, subject to change at any time. Equipment supplied by the County is to be used for business purposes only. The employee will sign an inventory of all office property and agrees to take appropriate action to protect the items from damage or theft (see attachment C) upon termination of employment all County property will be returned to the County, unless other arrangements have been made. 5. Consistent with the County’s expectations of information asset security for employees working at the office full-time, telecommuting and alternative work arrangement employees will be expected to ensure the protection of proprietary County and customer information accessible from their alternative work location. Steps include, but are not limited to, use of locked file cabinets, disk boxes and desks, regular password maintenance, and any other steps appropriate for the job and the environment. 6. The employee will establish an appropriate ergonomically appropriate alternative work environment for work purposes (see attachment D). 7. The Supervising Authority or designee of Yates County may visit the employee’s alternative work environment to inspect for possible work hazards and suggest modifications. Inspections may occur on an as-needed basis. Injuries sustained by the employee while at their alternative work location and in conjunction with their regular work duties are normally covered by the company’s workers’ compensation policy. Telecommuting and alternative work arrangement employees are responsible for notifying the employer of such injuries in accordance with County’s worker’s compensation procedures. The employee is liable for any injuries sustained by visitors to their alternative work location. 8. The County will supply the employee with appropriate office supplies (pens, paper, etc.) for successful completion of job responsibilities. The County is not responsible for any other expenses such as phone calls, internet access, etc. 9. The employee and Supervising Authority will agree on the frequency of telecommuting and alternative work arrangements, the work schedule and location the employee will customarily maintain, and the manner and frequency of communication. The employee agrees to be accessible by phone or modem within a reasonable time period during the agreed upon work schedule. 10. Telecommuting and alternative work arrangement employees who are not exempt from the overtime requirements of the Fair Labor Standards Act will be required to record all hours worked in a manner designated by the County. Hours worked in excess of those specified per day and per work week, in accordance with state and federal requirements will require the advance approval of the supervisor. Failure to comply with this requirement can result in the immediate termination of the Telecommuting and Alternative Work Arrangement Agreement. 11. Evaluation of employee performance will be evaluated on an annual basis and the employee and Supervising Authority will evaluate the Telecommuting and Alternative Work Arrangement agreement and make recommendations for continuance or modifications. 12. Telecommuting and Alternative Work Arrangements are not designed to be a replacement for appropriate dependent care. Although an individual employee’s schedule may be modified to accommodate dependent care needs, the focus of the arrangement must remain on job performance and meeting business demands.

The availability of Telecommuting and Alternative Work Arrangements as a flexible work arrangement for employees of Yates County can be discontinued at any time at the discretion of the Supervising Authority.

VI. PROCEDURE:

1. Either an employee or supervising authority can suggest telecommuting as a possible work arrangement. a. The employee will complete the Telecommuting and Alternative Work Arrangement Request Form and submit it to their Supervising Authority for approval. b. The Supervising Authority can either approve or disapprove the request. c. If the request is approved, the Supervising Authority will present the request to the County Administrator for his/her approval. d. If the County Administrator approves the request, the Supervising Authority and County Administrator will seek approval from Yates County Legislature during executive session at the next available time. e. If the Yates County Legislature approves the request (there is no need for a resolution), the Supervising Authority will provide the employee with the following documents: f. Telecommuting and Alternative Work Arrangement Guidelines. g. Telecommuting and Alternative Work Arrangement Agreement. h. The Supervising Authority and the County Administrator will be the signatories for all related documentation. i. The Supervising Authority will update the Legislature on the status of the Telecommuting Alternate Work Arrangement every ninety (90) days from the date of initial approval.

VII. ATTACHMENTS:

ATTACHMENT A: Yates County Telecommuting and Alternative Work Arrangement Request Form ATTACHMENT B: Yates County Telecommuting and Alternative Work Arrangement Agreement ATTACHMENT C: Assigned Assets ATTACHMENT D: Remote Workspace Assessment

ATTACHMENT A

NON-REPRESENTED EMPLOYEE TELECOMMUTING AND ALTERNATIVE WORK ARRANGEMENT REQUEST FORM

Yates County Office of Civil Service 417 Liberty Street Penn Yan, NY 14527 NON-REPRESENTED EMPLOYEE TELECOMMUTING AND ALTERNATIVE WORK ARRANGEMENT REQUEST FORM Non-Represented employees who wish to telecommute and/or engage in an alternative work arrangement must complete and submit this form to his/her supervisor for approval.

Employee Name: Request Date:

Job Title: Department: Exempt Supervising Authority Name: Non-Exempt

Primary work physical address:

Primary work schedule:

Alternate work physical address:

Alternative work days of the week:

Proposed implementation date:

Purpose for request:

Employee Acknowledgement I hereby request approval to telecommute and/or engage in an alternative work arrangement. I understand that doing so is a privilege and not an entitlement and that this agreement may be terminated at any time. I have read and understand the requirements for work standards and performance and agree to adhere to all policies related thereto.

Employee Signature: Date:

Supervising Authority Acknowledgement The County recognizes and supports the aforementioned employee’s participation in a telecommuting and/or alternative work arrangement. The supervising authority agrees that the employee and the position are suitable for such arrangement. The supervising authority agrees to monitor the employee’s performance and adherence to established guidelines and work standards, as well as compliance with all policies related thereto.

Supervising Authority Signature: Date:

County Administrator: Date:

The employees request for Telecommuting and/or an Alternative Work Arrangement is:

Approved Not Approved

ATTACHMENT B

NON-REPRESENTED EMPLOYEE TELECOMMUTING AND ALTERNATIVE WORK ARRANGEMENT AGREEMENT

Yates County Office of Civil Service 417 Liberty Street Penn Yan, NY 14527 NON-REPRESENTED EMPLOYEE TELECOMMUTING AND ALTERNATIVE WORK ARRANGEMENT AGREEMENT

______(“Employee”) and Yates County (“County”) mutually agree that the Employee will begin a telecommuting and/or alternative work arrangement (the “Alternative Work Arrangement”) effective on ______pursuant to this Agreement (the “Agreement”).

1) Participation The employee recognizes that this Alternative Work Arrangement is not an entitlement but rather a voluntary, optional method that the County may approve to better accomplish the County’s activities. This Alternative Work Arrangement is granted in the discretion of the employee’s supervising authority and the County Administrator. This Alternative Work Arrangement may be reassessed, modified, and ended at any time and for any reason. This Agreement does not constitute and will not be construed as a contract of employment. The employee’s Alternative Work Arrangement with the County remains “at-will.”

2) Description of the Alternative Work Arrangement

a) The employee’s regular workplace is at 417 Liberty Street Penn Yan, NY. The County and the employee agree that the employee is permitted to work from the following alternative workplace:

[ ] the employee’s residence at ______

[ ] the alternative workplace at ______

b) The employee is permitted to work at the alternative workplace at the following times:

c) The employee understands and agrees that they are expected to work the schedule and hours and in the location(s) specified above. Deviations from Employee’s scheduled hours must be discussed with the employee’s supervising authority.

3) Salary and Benefits the employee understands and agrees that this Alternative Work Arrangement does not affect their salary or benefits. If the employee is utilizing the Telecommuting and Alternative Work Arrangement Policy in conjunction with Family Medical Leave Act, please refer to the Yates County FMLA Policy for further details.

4) Implementation of the Policy and Procedures

a) The Employee understands and agrees that this Alternative Work Arrangement is subject to the County’s “Non-Represented Employee Telecommuting and Alternative Work Arrangement Policy”.

b) The employee understands and agrees that this Telecommuting and Alternative Work Arrangement is not intended to supersede or override Yates County’s policies, procedures, rules, or standards of conduct. The employee agrees to adhere to all applicable County policies, procedures, rules, and standards of conduct.

c) If the employee is not exempt from the overtime requirements of the Fair Labor Standards Act, the employee understands and agrees that they may not work overtime hours unless specifically authorized in writing by their supervising authority in advance.

5) Technological Capabilities The employee understands and agrees that they are expected to maintain an appropriate level of connectivity and technological capability. (If applicable, the employee will complete and file with the Personnel Office a fully executed Non-Represented Employee VPN Access Form)

The employee will be using the following equipment to be used for work purposes at the alternative workplace:

6) Employee Acknowledgement

I have read both this Agreement and the Yates County “Non-Represented Telecommuting and Alternative Work Arrangement Policy” and agree to comply with all requirements set forth in both documents.

Employee Name (print)

Employee Signature Date

7) Supervising Authority Acknowledgment

Supervising Authority Signature Date

County Administrator Signature Date

ATTACHMENT C

ASSIGNED ASSET FORM

Yates County Office of Civil Service 417 Liberty Street Penn Yan, NY 14527 ASSIGNED ASSET FORM

Equipment Description Serial Number Model Number

I attest that the above listed items have been assigned for VPN access use.

Employee Signature: Date:

Supervising Authority: Date:

IT Director: Date:

ATTACHMENT D

REMOTE WORKSPACE ASSESSMENT FORM

Yates County Office of Civil Service 417 Liberty Street Penn Yan, NY 14527 REMOTE WORKSPACE ASSESSMENT FORM

Workspace Environment/Safety Is the workspace conducive to securing County owned equipment and maintaining confidential and/or proprietary information? Is the workspace located in an area that is quiet and free from distractions to maintain an adequate level of professionalism and productivity? Are temperature, noise, ventilation, and lighting levels appropriate for productivity and safe storage of equipment and files? Are the following located in or near the workspace? Working smoke detector: Working carbon monoxide detector: Is all electrical equipment free from recognized hazards, such as frayed cords exposed wires? Are the floor surfaces clean, dry, level and are any carpets well secured to the floor and free of frayed or worn seams?

Workspace Ergonomics General Workstation & equipment have sufficient adjustability so that you are in a safe working posture & can make occasional changes in posture while performing computer tasks? Lighting is sufficient for the work being done without being excessively bright? Seating Workstation is designed so that your thighs have sufficient clearance space between the top of the thighs and the computer tables/keyboard platform? Your legs and feet have sufficient clearance space under the work surface so that you are able to get close enough to the keyboard? The chair used provides support for your lower back? The chair used has a seat width and depth that appropriately accommodates you (seat is not too big or too small)? The seat front does not press against the back of your knees and lower legs? The seat has cushioning and is rounded with a “waterfall” edge (no sharp edge)? Armrests, if used, support the forearms while you perform computer tasks and they do not interfere with movement? Keyboard/Input device The keyboard/input device platform is stable and large enough to hold a keyboard and an input device? The input device (mouse or trackball) is located right next to your keyboard so it can be operated without reaching? The input device is easy to activate and the shape/size fits your hand (not too big/small)? Wrists and hands do not rest on sharp or hard edges? A wrist/palm rest if used, allows you to keep your forearms, wrists and hands straight and in-line when using the keyboard/input device? Monitor The top of the monitor screen is at or below eye level so that you can read it without bending your head or neck down/back? Monitor distance allows you to read the screen without leaning your head, neck or trunk forward/backward? Monitor position is directly in front of you so that you don’t have to twist your head or neck? Glare is not reflected on your screen which can cause you to assume an awkward posture to clearly see information on your screen? Accessories Document holder, if used, is stable and large enough to hold documents? Document holder, if used, is placed at about the same height and distance and the monitor screen so there is little head movement or need to re-focus when you look from the document to the screen? Telephone can be used with your head upright (not bent) and your shoulders relaxed (not elevated) if you do computer tasks at the same time? Work posture The workstation is designed or arranged for doing computer tasks so it allows Head & Neck to be upright, or in-line with the torso (not bent down/back? Head, neck and trunk face forward (not twisted)? Trunk is perpendicular to floor (may lean back into back rest but not forward)? Shoulders and upper arms are in-line with the torso, generally about perpendicular to the floor and relaxed (not elevated or stretched forward)? Upper arms and elbows are close to the body (not extended outward)? Forearms, wrists and hands are straight and in-line (forearm at about 90 degrees to the upper arm)? Wrists and hands are straight (not bent up/down or sideways toward the little finger)? Thighs are parallel to the floor and the lower legs are perpendicular to the floor (thighs may be slightly elevated above knees)? Feet rest flat on the floor or are supported by a stable footrest?

I have taken steps to mitigate any identified unsafe conditions.

Employee Signature: Date:

Supervising Authority: Date:

PARKING POLICY Adopted by Resolution 173-03 April 14, 2003 Amended by Resolution 181-05 May 9, 2005

I. PURPOSE

The purpose of this policy is to establish rules and guidelines; 1. To designate parking for specified use, with the emphasis on consideration and safety for customers, visitors and the public as our first priority. 2. To provide convenient and adequate parking for customers, visitors, the public and employees of all Departments and Agencies housed in the County Complex including the Court House, the County Office Building, the Buildings and Grounds Building and the Public Safety Building. 3. To ensure our customers, visitors, the public’s and employees access to the premises while providing safety, adequate lighting and adequate snow and ice removal.

II. SCOPE:

This policy applies to all employees, volunteers and independent contractors who operate a vehicle during the course of business.

III. DEFINITION:

For purposes of this policy, an employee is defined as anyone who works in a paid or voluntary capacity for any Yates County Department, staff of the Court System, cooperating agencies or businesses that have office space in any of the four buildings identified above. Any person performing work as an independent contractor will be expected to adhere to this policy.

IV. PARKING POLICY:

a) Public/Visitor Parking:

The area designated between the Court House at 415 Liberty Street and the County Office Building at 417 Liberty Street outlined in the attached map is for customer/public/visitor parking ONLY. Namely; the two center rows and the single row on the south side of 417 Liberty Street. This designation is in effect from 8:00 AM-5:00 PM Monday – Friday during the course of normal business hours.

b) Employee Parking:

Refer to the attached map outlining permitted parking areas. Parking for employees is available in the areas designated below:

 The thirteen (13) spaces adjacent to the north end of Court House.  The Main Street lot (between the Baptist Church and the Library)  The nine (9) spaces adjacent to the east end of the Court House and the twelve (12) spaces along the sidewalk by the generator.  The twenty one (21) spaces to the south of the Court House.  The First Baptist Church lot - all spaces except those designated as reserved. It is important to recognize that the First Baptist Church is providing space when available and Yates County Buildings and Grounds maintains the lot. There may be times, without much warning, that the church lot will NOT be available and employee vehicles will need to be moved. The Yates County Buildings and Grounds Department will make every attempt to notify employees and agency staff when the First Baptist lot is unavailable.  Overflow parking is at the First Presbyterian Church located on Main Street across from the Library.  The Public Safety lot- all spaces except those designated as reserved.  The Linden Street lot - primarily designated for employees who work in the Public Safety Building but may be used by any Yates County employee with the appropriate sticker.  At no time is employee parking permitted in the Penn Yan Public Library lot.

c) Official Vehicle Parking:

Parking of official vehicles will no longer be provided at the County office complex site including the First Baptist lot. A safe and lighted site is available at the County Highway complex, adjacent to the salt storage barn. Official vehicle signs are posted. The following must be adhered to if an employee is using an official vehicle that is parked at the Highway Complex: 1) The employee or driver must park his/her personal vehicle in the area designated for official vehicles. 2) Parking for non-highway personnel is not permitted in other areas. During the course of normal business hours anyone operating one of the official vehicles must adhere to the guidelines as outlined above for employee parking.

d) Emergency Vehicle Parking:

Employees who are required to respond to emergency situations as part of his/her job requirements are allowed to park in areas not otherwise designated as employee parking to allow for easy access.

e) Disability Parking:

Employees who are unable to adhere to the rules and guidelines outlined in this policy as a result of a temporary or permanent disability should obtain a New York State issued Parking Permit for Persons with Severe Disabilities and display the permit in the official designated areas. Employees can obtain the official form by going to https://dmv.ny.gov/forms/mv6641.pdf. Once an employee obtains the Parking Permit, the employee must notify the Personnel Office and provide it with a copy of the permit.

f) Vehicle Identification and Registration:

All employees (as previously defined) are required to register his/her vehicles with the Yates County Personnel Office. Employee vehicles are required to display an official Yates County identification sticker affixed to the driver’s side rear window, on the inside of the glass. It is the employee’s responsibility to have a sticker on any vehicle that he/she park in the County lots. There is no fee for the sticker, but all vehicles must be registered in the Personnel Office. Parking permits increase security for employees and for the facility and easily identify vehicles in case of an emergency. An application and registration form is available in the Personnel Office and must be completed for each vehicle that an employee plans to park in any of the lots. The Personnel Office will be responsible for issuing, recording and updating any employee vehicle information. An employee who leaves employment must notify the Personnel Office and remove his/her sticker.

Failure to comply with the registration process will be considered a violation of the parking policy and will invoke the penalties as outlined in the penalty section.

V. PROHIBITED PARKING

Parking is prohibited: . In fire lanes. . At fire hydrants. . At standpipe connections. . In areas other than those within the marked boundaries of the parking space. . In an area which has not been marked as a parking space. . In the areas designated on the map as Public/Visitor parking. . In a manner that obstructs walkways, sidewalks, driveways, ramps, loading zones, crosswalks or in any manner that blocks a building entrance or exit. . On lawns or other landscaped areas. . In a loading zone or service drive unless actually loading or unloading material or equipment. If the time for loading or unloading exceeds twenty (20) minutes, the County Building and Grounds Department must be notified of extended parking requirements. . For more than 48 hours without prior authorization from the Buildings and Grounds staff. Vehicles left parked in excess of 48 hours will be removed as necessary at the owner’s expense. . In spaces designated as handicapped parking. It is a violation of New York State Law to park in a handicap-designated parking space without a valid permit. Violation of this law may result in a ticket being issued by local law enforcement agencies. . In spaces marked for Official Vehicles only.

VI. PENALTIES

Employees in violation of the policy will be given a warning ticket issued by the Buildings and Grounds Director. Any subsequent violation will result in a fine of $25 payable within fourteen (14) business days to the Yates County Treasurer. Payment must be received by the close of business on the 14th business day. Failure to pay the $25 fine within 14 business days will result in the vehicle being towed at the owner’s expense if there is a subsequent infraction.

VII. ENFORCEMENT

Enforcement of the Parking Policy will be effective upon an employee being issued the written policy and the identification sticker for his/her vehicle. The enforcement authority for the purposes of this policy will be Buildings and Grounds.

VIII. ATTACHMENTS:

ATTACHMENT A: Yates County Parking Map

ATTACHEMENT A YATES COUNTY PARKING MAP

AMEND RESOLUTION NO. 129-18

ADOPT 2018 NON-UNION SALARY SCHEDULE

WHEREAS, under the New York Judiciary Law § 183-a. Compensation of certain district attorney’s if a County has a population between 100,000 and 500,000, or the District Attorney is a full time position, the County’s District Attorney’s salary must be equal to or greater than the County Court Judge, and

WHEREAS, the Commission on Legislative, Judicial and Executive Compensation recommended in 2015 that if a County employed a District Attorney and they met the criteria, his/her salary would be tied to the County Court Judges salary which is based off of 95% of the Supreme Court Justice salary which was increased to $208,000 for 2018, causing the District Attorney’s salary to increase to $197,600 effective April 1st, 2018, and

WHEREAS, the salary resolution adopted in March 2018 that increased the District Attorney’s salary to $193,000 was done prior to learning that the Commission on Legislative, Judicial and Executive Compensation had increased the salaries beyond what was previously determined in 2015. Therefore the section that refers to the District Attorneys salary increase in resolution 129-18 can be disregarded, and

NOW, THEREFORE, BE IT RESOLVED, that effective April 1, 2018 the Yates County Legislature hereby amends the non-union salary schedule and approves the Yates County District Attorney’s salary be increased from $185,200 to $197,600 and be it further

RESOLVED, that copies of this resolution be given to the District Attorney, Treasurer, County Administrator and the Personnel Officer.

Elected Officials Annual County Clerk $65,906 County Treasurer $74,208 District Attorney $197,600 Legislators (14 at $8,183 each) $114,562 Legislature Chairman $8,183 Sheriff $96,866

Full-Time/Part-Time Annual Assistant District Attorney (MT) $38,070 Assistant District Attorney (vacant) $69,381 Assistant Public Defender (DM) $60,000 Assistant Public Defender (vacant) $35,020 Budget Officer $12,750 Building Maintenance Supervisor $59,414 Chief Corrections Officer $64,260 Clerk, County Legislature $55,246 Commissioner of Social Services $67,901 Confidential Assistant to Sheriff $43,005 Conflict Defender $47,989 County Administrator $102,000 County Attorney $94,728 Deputy County Clerk $38,684 Deputy County Treasurer $47,048 Deputy Highway Superintendent $64,352 Director of Children and Family Services $59,980 Director of Community Services $74,649 Director of Emergency Management $66,770 Director of Income Maintenance & Child Support $59,980 Director of Patient Services/Public Health $72,326 Director of Real Property Tax Services $60,500 Director of Veteran Services Agency $48,948 Election Commissioner (D) $42,479 Election Commissioner (R) $42,479 Highway Superintendent $82,976 Information Technology Director $75,032 Personnel Assistant $38,391 Personnel Officer $67,958 Planner $58,234 Probation Director $64,263 Public Defender $71,500 Secretary to District Attorney $36,914 Secretary to Sheriff $36,868 Secretary to Public Defender $36,914 Social Services Attorney $68,021 Supervising Public Health Nurse $62,824 Undersheriff $76,042

COUNTY ADMINISTRATOR REPORT GOVERNMENT OPERATIONS

A. Recruit new Historian (Government Operations)

On March 9, the interview panel conducted an in-person interview of a candidate for County Historian. Following the interview, the candidate declined an offer of employment consistent with the job’s posted wage and responsibilities. Records Management staff will continue their support for Historian functions, with residual Historian salary appropriations available for temporary help if necessary. No such assistance has been required to date.

Administration will, at this time, continue considering alternative strategies for meeting the County’s needs. A further review will be undertaken within the next 60 to 90 days.

B. OTHER ACTIVITIES:

Pursuant to discussion at a prior Legislative meeting, the County Administrator and County Attorney are evaluating policy recommendations for public use of County-owned property. Reports to the Legislature may be anticipated for the May meeting cycle.