PROCEEDINGS
OF THE
COUNTY LEGISLATURE
OF THE
COUNTY OF SCHUYLER
FOR THE YEAR 2013
MEMBERS OF THE LEGISLATURE
DISTRICT I...... DENNIS A. FAGAN STEWART F. FIELD, JR.
DISTRICT II...... THOMAS M. GIFFORD MICHAEL A. YUHASZ PHILIP C. BARNES
DISTRICT III...... DORIS L. KARIUS GLENN R. LARISON BARBARA J. HALPIN
OFFICERS
CHAIRMAN...... DENNIS A. FAGAN CLERK...... STACY B. HUSTED DEPUTY CLERK...... JAMEE L. MACK COUNTY ATTORNEY...... GEOFFREY B. ROSSI
PROCEEDINGS
OF THE
COUNTY LEGISLATURE
OF THE
COUNTY OF SCHUYLER
FOR THE YEAR
2013
CHAIRMAN AND CLERK'S CERTIFICATE
STATE OF NEW YORK ) COUNTY OF SCHUYLER )
We, Dennis A. Fagan, Chairman, and Stacy B. Husted, Clerk of the Schuyler County Legislature, each for ourself, do hereby certify that this printed volume is a true record of the acts and proceedings of the Legislature of the County of Schuyler, State of New York, for the year 2013, pursuant to Section 211 of the County Law.
DENNIS A. FAGAN Chairman, Schuyler County Legislature STACY B. HUSTED Clerk, Schuyler County Legislature
DEDICATIONS 2013 PROCEEDINGS OF THE SCHUYLER COUNTY LEGISLATURE
Thomas N. Hoxie Thomas (Tom) joined the County in December of 1986 with the Sheriff’s Department as a Part Time Deputy Sheriff. In November of 1992 Tom became a full time Deputy Sheriff. In December of 1993 Tom started with the Correction Division as a Correction Officer until his retirement in January of 2013 with 32 years of service to the County.
Richard D. Davis Richard (Rick) joined the County in May of 1986 with the Office for the Aging as a Services Aide. Rick remained with the Office for the Aging until his retirement in August of 2013 with 27 years of service to the County.
Doris L. Karius Doris served as a legislator for a total of twenty six years, the longest serving legislator to date. She was first elected in 1983, then again in 1994, and again in 1998. She served on all of the Legislative standing committees during her tenure. She most currently held the position of Chairman of the Community Development and Natural Resources committee until present. She also served on many outside standing committees and boards over the years, such as the Ag and Farmland Protection Board, Environmental Management Council, Cornell Cooperative Extension, and the Soil and Water Conservation District, just to name a few. Doris’s dedication, compassion and understanding has had a tremendous impact on all throughout the years. Doris retired in December of 2013.
Beverly K. Clickner Beverly (Bev) joined the County in September of 1988 as a Caseworker Assistant with our Social Services’ Department. Throughout Bev’s employment with the County she held a few job titles within the Social Services Department, such as Caseworker, Senior Caseworker, Supervising Caseworker and Acting Commissioner. In September of 2000 Bev was appointed Deputy Commissioner of Social Services until her retirement in September of 2013 with 25 years of service to the County.
William J. Weiss William (Bill) joined the County in May of 1996 as the Deputy Commissioner of Social Services. In March of 1998 Bill was appointed as the Commissioner of Social Services and remained in that position until his retirement in March of 2013 with 17 years of services to the County.
Glenn R. Larison Glenn served as a legislator for a total of sixteen years. He was elected in 1998 and served on all of the Legislative standing committees during his tenure. He most currently held the position of Chairman of the Public Works committee until present. He also served on many outside standing committees and boards over the years, such as the Soil and Water Conservation District, the Southern Tier Transportation Committee, and most importantly, the Inter-County Association of Western New York, where he held the title of President for the year 2012, just to name a few. Glenn’s dedication, compassion and understanding has had a tremendous impact on all throughout the years. Glenn retired in December of 2013. TABLE OF CONTENTS
Resolutions – 2013 (Numerical, By Meeting)……………………………………….…I
REGULAR AND SPECIAL MEETINGS: Organizational Meeting January …………………………………………..………...... 1 Regular Meeting January ...………………………………………………………...... 3 Regular Meeting February……………………………………………………………..11 Special Meeting February…………………………………………………………….. 32 Regular Meeting March . ……………………………………………………………...33 Regular Meeting April..………………………………………………………………..51 Special Meeting April………………………………………………………………….62 Regular Meeting May ………………………………………………………………..63 Regular Meeting June …………………………………………………..…….……….79 Special Meeting June……..…………………………………………………………....94 Regular Meeting July….………………………………………..…………..………….96 Regular Meeting August….……………………………………………………………107 Special Meeting August ……………………………………………………………….119 Special Meeting September…………………………………………………………….124 Regular Meeting September ………………………………………….………………126 Special Meeting October……………………………………………………….………135 RegularMeeting October….……………………………………………………………135 Special Meeting October……………………………………………………………….143 Regular Meeting November.…………………………………………………………...145 Regular Meeting December…………………………………………………………... 155 Year End Meeting………………………………………………………………….…..169
Annual Budget Summary of 2014, County of Schuyler………..……………………...206 Annual Budget Summary of 2013, County of Schuyler ….……………………….…. 207
Mortgage Tax Distribution: October 1, 2012 through March 31, 2013 …………………………………….84 April 1, 2013 through September 30, 2013 …………………………………...165 Index………………………………………………………………………………..….209
RESOLUTION BY NUMBER – 2013 I
RESOLUTIONS BY NUMBER – 2013 ORGANIZATIONAL MEETING JANUARY 8, 2013
1. CLOSE NOMINATIONS - 2013 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE 2. APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2013 3. "CONTINUITY OF LOCAL GOVERNMENT" FOR 2013 4. DESIGNATION OF LEGAL COUNTY NEWSPAPER 5. DESIGNATION OF DEPOSITORIES FOR SCHUYLER COUNTY FUNDS 6. CONFORM TO "RULES OF PROCEDURE" 7. APPOINTMENT - CHIEF CORONER FOR 2013 8. APPOINTMENT – COUNTY HISTORIAN FOR 2013 9. ADOPT SCHEDULE OF SALARIES FOR 2013 10. APPROVE AND ADOPT UPDATED PURCHASING POLICIES AND PROCEDURES FOR 2013 - PURCHASING 11. DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $2,500 FOR THE YEAR 2013 12. ACKNOWLEDGE APPOINTMENT OF DEMOCRATIC DEPUTY COMMISSIONER, BOARD OF ELECTIONS 13. ACKNOWLEDGE APPOINTMENT OF REPUBLICAN DEPUTY COMMISSIONER, BOARD OF ELECTIONS
REGULAR MEETING JANUARY 14, 2013
14. APPROVE MINUTES OF THE DECEMBER 10, 2012 REGULAR MEETING, AND THE DECEMBER 27, 2012 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLTURE 15. AUTHORIZE GRANT APPLICATION FOR THE NEW YORK STATE CHILDREN & FAMILY SERVICES TRUST FUND GRANT – YOUTH BUREAU 16. AUTHORIZE CONTRACT WITH HARMONY INFORMATION SYSTEMS, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA – OFFICE FOR THE AGING 17. AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF MILL STREET BRIDGE REPLACEMENT, VILLAGE OF ODESSA – HIGHWAY DEPARTMENT 18. AUTHORIZE BILLING AGREEMENT WITH BEAVER DAMS FIRE COMPANY FOR SHARED FUEL FACILITY – HIGHWAY DEPARTMENT 19. AUTHORIZE CONTRIBUTING FUNDS TOWARDS A CONTRACT BETWEEN THE BONADIO GROUP AND THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY FOR AUDITING SERVICES IN RESOLUTION BY NUMBER – 2013 I
THE AMOUNT OF $5,000/AUTHORIZE AMENDING THE 2013 BUDGET – BUILDING & GROUNDS 20. AUTHORIZE AMENDING THE FIXED ASSETS POLICIES AND PROCEDURES – PURCHASING 21. AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 22. AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE) 23. AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE) 24. AUTHORIZE AMENDING RESOLUTION NO. 202-12 TITLED “AUTHORIZE 2012-2014 CONTRACT RENEWAL WITH THE ARC OF SCHUYLER COUNTY FOR PUBLIC TRANSIT” 25. AUTHORIZE APPLICATION FOR A SECTION 5311 CONSOLIDATED GRANT 26. AUTHORIZE SETTLEMENT AGREEMENT AND RELEASE WITH AT&T 27. AUTHORIZE 2013-2015 CONTRACT RENEWAL WITH NTS DATA SERVICES, LLC – BOARD OF ELECTIONS 28. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW 29. ONE-YEAR APPOINTMENTS 30. TWO-YEAR APPOINTMENTS 31. THREE-YEAR APPOINTMENTS NON-CALENDAR YEAR 32. THREE-YEAR APPOINTMENTS 33. FOUR-YEAR APPOINTMENTS 34. FIVE-YEAR APPOINTMENT 35. APPOINTMENTS TO BOARDS WITH NO TERMS
REGULAR MEETING FEBRUARY 11, 2013
36. APPROVE MINUTES OF THE JANUARY 8, 2013 ORGANIZATIONAL MEETING AND THE JANUARY 14, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 37. AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR TWO NEW VEHICLES – SHERIFF’S OFFICE 38. AUTHORIZE AMENDING THE 2013 BUDGET FOR THE COUNTY-WIDE COMPREHENSIVE PLAN – PLANNING DEPARTMENT 39. AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU 40. AUTHORIZE CONTRACT FOR USE OF THE FAMILY PLAY AND RESOLUTION BY NUMBER – 2013 I
RESOURCE CENTER FOR SUPERVISED VISITATIONS DURING NON OPERATING HOURS WITH CATHOLIC CHARITIES – YOUTH BUREAU 41. AUTHORIZE 2013 CONTRACT AMENDMENT WITH GTL, INC. DBA LINK-TO-LIFE FOR ADDITIONAL PERSONAL EMERGENCY RESPONSE SYSTEM SERVICES – OFFICE FOR THE AGING 42. AUTHORIZE AGREEMENT WITH GTL, INC. DBA LINK-TO-LIFE FOR PERSONAL EMERGENCY RESPONSE SYSTEM SERVICES – OFFICE FOR THE AGING 43. AUTHORIZE AMENDMENT TO THE 2013 CONTRACT WITH TENELEVEN GROUP, INC. TO ALLOW PAYMENT OF ADDITIONAL EXPENSES AND AUTHORIZE AMENDING THE 2013 BUDGET - COMMUNITY SERVICES 44. AUTHORIZE CONTRACT WITH BONITA DAVIS REGISTERED DIETITIAN FOR THE PRESCHOOL PROGRAM – PUBLIC HEALTH 45. AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES AND EARLY INTERVENTION FROM JULY 1, 2013 – JUNE 30, 2014 – PUBLIC HEALTH 46. AUTHORIZE CONTRACT WITH STATE UNIVERSITY OF NEW YORK ON BEHALF OF SUNY EMPIRE COLLEGE – PUBLIC HEALTH 47. ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH 48. AUTHORIZE AMENDMENT TO 2012-13 IMMUNIZATION GRANT CONTRACT – PUBLIC HEALTH 49. AUTHORIZE AMENDMENT TO 2012-13 CHILDREN WITH SPECIAL HEALTH CARE NEEDS (CSHCN) GRANT CONTRACT – PUBLIC HEALTH 50. AUTHORIZE THE CREATION AND FILLING OF A SENIOR REGISTERED PROFESSIONAL NURSE POSITION – PUBLIC HEALTH 51. AUTHORIZE AMENDMENT TO 2012-13 LEAD GRANT CONTRACT – PUBLIC HEALTH 52. ASSIGN DUTIES OF YOUTH BUREAU DIRECTOR TO COMMISSIONER OF SOCIAL SERVICES POSITION/AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN 53. AUTHORIZE APPOINTMENT OF THE COMMISSIONER OF SOCIAL SERVICES AND SET SALARY 54. AUTHORIZE CHANGE ORDER #1 WITH BINGHAMTON ROAD ELECTRIC, LLC FOR THE SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES CONTRACT– BUILDINGS AND GROUNDS 55. AUTHORIZE RENEWAL OF LEASE AGREEMENT WITH ELMIRA PSYCHIATRIC CENTER - BUILDINGS AND GROUNDS 56. AUTHORIZE AMENDING CONTRACT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES – BUILDINGS AND GROUNDS 57. AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH STEUBEN COUNTY – HIGHWAY DEPARTMENT RESOLUTION BY NUMBER – 2013 I
58. ADOPT PERMIT FOR DRIVEWAY INSTALLATION AND REPLACEMENT POLICY – HIGHWAY DEPARTMENT 59. ADOPT TREE AND SHRUB REMOVAL IN HIGHWAY RIGHT-OF-WAY (ROW) POLICY – HIGHWAY DEPARTMENT 60. DISCONTINUE USE OF PETTY CASH – HIGHWAY DEPARTMENT W/D. AUTHORIZE BAN FOR HIGHWAY PROJECTS/EQUIPMENT FOR 2013 IN THE AMOUNT UP TO $1.69 MILLION DOLLARS – HIGHWAY DEPARTMENT – WITHDRAWN 61. AUTHORIZE AN AGREEMENT WITH BONADIO & CO., LLP FOR MEDICAID ELIGIBILITY REVIEWS – SOCIAL SERVICES 62. AUTHORIZE MAINTENANCE AGREEMENT WITH EASTERN COPY FOR SEVEN (7) PURCHASED COPIERS IN VARIOUS DEPARTMENTS – PURCHASING DEPARTMENT 63. AUTHORIZATION TO DECLARE TRANSIT BUS SURPLUS – PURCHASING (TRANSPORTATION) 64. LOCAL LAW INTRO. NO. 1 OF THE YEAR 2013 ABOLISHING THE ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF DIRECTOR OF FINANCE FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION 65. AUTHORIZE A CONTRACT WITH ORRICK, HERRINGTON & SUTCLIFFE, LLP FOR BOND COUNSEL SERVICES – TREASURER’S OFFICE 66. AUTHORIZE PARTICIPATION IN A COOPERATIVE GRANT WITH THE GREATER SOUTHERN TIER BOCES UNDER THE SHARED SERVICES LOCAL GOVERNEMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) – RECORDS MANAGEMENT 67. URGE NEW YORK STATE GOVERNOR CUOMO AND THE STATE LEGISLATURE TO MAKE SURE THAT THE NEW YORK STATE DIVISION OF BUDGET AUTHORIZES THE APPLICATION PROCESS FOR GRANTS THROUGH THE LOCAL GOVERNMENT RECORDS IMPROVEMENT MANAGEMENT FUND (LGRIMF) FOR THE 2013-2014 CYCLE 68. AUTHORIZE AMENDING THE 2013 SALARY SCHEDULE FOR THE CORRECTIONS OFFICER’S BENEVOLENT ASSOCIATION FOR STEP- YEARS OF SERVICE CREDIT 69. AUTHORIZE TRANSFER OF FUNDS FOR GENERAL LIABILITY INSURANCE – COUNTY ADMINISTRATOR 70. ONE-YEAR APPOINTMENT 71. TWO-YEAR APPOINTMENT 72. FOUR-YEAR APPOINTMENT 73. NON-CALENDAR YEAR APPOINTMENT 74. AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SOUTHERN TIER REGIONAL PLANNING & DEVELOPMENT BOARD RESOLUTION BY NUMBER – 2013 I
75. ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE) 76. ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE) 77. AUTHORIZE THE CREATION AND FILLING OF ONE TEMPORARY FULL-TIME CORRECTION SERGEANT POSITION – SHERIFF’S OFFICE 78. AUTHORIZE AMENDING RESOLUTION NO. 259-10 TITLED “AUTHORIZE PROCEDURE FOR ADVERTISEMENT OF HIGHWAY MATERIAL BIDS – PURCHASING” 79. AUTHORIZE STIPULATION AND RELEASE OF CLAIMS AGREEMENT WITH THE SCHUYLER COUNTY ADMINISTRATIVE UNIT CSEA 80. RESOLUTION OPPOSING PROPOSED AMENDMENTS TO THE ELECTION LAW 81. AUTHORIZE AMENDING THE 2013 BUDGET FOR THE PURCHASE OF SOFTWARE – COMMUNITY SERVICES 82. DIRECT THE COUNTY ADMINISTRATOR/BUDGET OFFICER TO SUBMIT A PRELIMINARY BUDGET FOR 2014 THAT COMPLIES WITH THE TAX CAP LEGISLATION
SPECIAL MEETING FEBRUARY 27, 2013
83. RATIFICATION OF SPECIAL MEETING 84. AUTHORIZE STIPULATION AGREEMENT WITH LARRY M. STATES
REGULAR MEETING MARCH 11, 2013
85. APPROVE MINUTES OF THE FEBRUARY 11, 2013 REGULAR MEETING AND THE FEBRUARY 27, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 86. AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT 87. RESOLUTION OPPOSING THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT (SAFE) ACT OF 2013 – SHERIFF’S OFFICE/COUNTY CLERK 88. RESOLUTION OPPOSING PENDING NEW YORK STATE LEGISLATION SENATE BILL S2353 AND ASSEMBLY BILL A3908 OF 2013 WHICH AMENDS THE NEW YORK STATE INSURANCE LAW TO REQUIRE OWNERS OF FIREARMS TO OBTAIN LIABILITY INSURANCE – SHERIFF’S OFFICE 89. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2013/2014 NEW YORK STATE VAWA GRANT - DISTRICT ATTORNEY RESOLUTION BY NUMBER – 2013 I
90. AUTHORIZE THE DISCONTINUATION OF THE FAMILIES FIRST PROGRAM-YOUTH BUREAU 91. AUTHORIZE AGREEMENT WITH PRO ACTION OF STEUBEN AND YATES, INC. FOR OPERATION OF A SENIOR EMPLOYMENT PROGRAM HOST SITE AT THE SCHUYLER COUNTY OFFICE FOR THE AGING – OFFICE FOR THE AGING 92. ACCEPT AND ESTABLISH RABIES GRANT – PUBLIC HEALTH 93. AUTHORIZE EXTENSION OF THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE DIRECTORS SYSTEMS OF CARE GRANT FOR 2013 – COMMUNITY SERVICES 94. AUTHORIZE DECREASING THE HOURS OF ONE KEYBOARD SPECIALIST POSITION IN RECEPTION FROM FULL-TIME TO PART- TIME - SOCIAL SERVICES 95. AUTHORIZE CONTRACT AMENDMENT WITH CATHOLIC CHARITIES 1st STEP VICTIM SERVICES – SOCIAL SERVICES 96. AUTHORIZE SUBLEASE AGREEMENT WITH PRO ACTION - BUILDINGS AND GROUNDS 97. AUTHORIZE ON-GOING CONTRACT WITH PRO ACTION FOR PHONE SERVICE – BUILDINGS AND GROUNDS 98. AUTHORIZE ADVERTISING TO RECEIVE BIDS FOR SALE OF DOG POUND - BUILDINGS AND GROUNDS 99. ACCEPT/REJECT BIDS FOR CONSTRUCTION OF MILL STREET BRIDGE REPLACEMENT - VILLAGE OF ODESSA – HIGHWAY DEPARTMENT 100. URGING GREATER INVESTMENTS IN THE STATES CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS) AND MARCHISELLI PROGRAM – HIGHWAY DEPARTMENT 101. URGING STRUCTURAL REFORM OF THE STATE DEDICATED HIGHWAY AND BRIDGE TRUST FUND (DHBTF) – HIGHWAY DEPARTMENT 102. URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF NEW YORK TO CREATE A STATE AID TO LOCAL BRIDGE & CULVERT PROGRAM TO INCREASE BRIDGE SAFETY, PROMOTE ECONOMIC DEVELOPMENT AND CREATE AND RETAIN JOBS – HIGHWAY DEPARTMENT 103. AUTHORIZE 2013 AGREEMENT RENEWAL WITH JENNIFER GECK PHOTOGRAPHY FOR PRODUCTION OF GOLDEN GLOW NEWSLETTER – OFFICE FOR THE AGING 104. A RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1,690,000 BONDS OF THE COUNTY OF SCHUYLER, NEW YORK, TO PAY COSTS OF VARIOUS CAPITAL ITEMS IN AND FOR SAID COUNTY 105. AUTHORIZE AN AGREEMENT WITH BONADIO & CO., LLP FOR OCCUPANCY TAX CONSULTING SERVICES 106. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.03699 AND ASSEMBLY BILL A.05038 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR SCHUYLER RESOLUTION BY NUMBER – 2013 I
COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW 107. RECOGNIZE THE MONTH OF APRIL 2013 AS NATIONAL COUNTY GOVERNMENT MONTH “SMART JUSTICE” W/DAUTHORIZE ACCRUAL COMPENSATION FOR THE PLANNING DIRECTOR - WITHDRAWN 108. AUTHORIZE TWO YEAR APPOINTMENT TO THE SCHUYLER COUNTY PLANNING COMMISSION 109. LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. __ OF THE YEAR 2013 ABOLISHING THE ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF COUNTY DIRECTOR OF FINANCE FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION 110. MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR 111. AUTHORIZE LEASE AGREEMENT WITH SOUTHERN TIER NETWORK - BUILDINGS AND GROUNDS 112. MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR 113. RESOLUTION SUPPORTING A CO-APPLICATION WITH THE COUNTY OF YATES TO THE NEW YORK STATE DEPARTMENT OF STATE LOCAL GOVERNMENT EFFICIENCY GRANT (LGEG) PROGRAM FOR A CONSOLIDATION OF SERVICES STUDY
REGULAR MEETING APRIL 8, 2013
114. APPROVE MINUTES OF THE MARCH 11, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 115. AUTHORIZE CREATION OF AND APPOINTMENTS TO THE STEERING COMMITTEE FOR THE COUNTY-WIDE COMPREHENSIVE PLAN 116. AUTHORIZE CONTRACT WITH SUSAN LARSON FOR ADMINISTRATIVE SUPPORT TO THE SCHUYLER COUNTY PLANNING COMMISSION – PLANNING DEPARTMENT 117. AUTHORIZE AMENDMENT TO THE 2012-2026 AGREEMENT WITH THE WATKINS GLEN AREA CHAMBER OF COMMERCE TO PAY FOR OCCUPANCY TAX CONSULTING SERVICES 118. AUTHORIZE TANF SUMMER YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU 119. AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2013 AND RELATED CONTRACTS – YOUTH BUREAU 120. DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU RESOLUTION BY NUMBER – 2013 I
121. AUTHORIZE THE AGREEMENT BETWEEN THE YOUTH BUREAU AND THE DEPARTMENT OF SOCIAL SERVICES FOR THE PINS DIVERSION PROGRAM – YOUTH BUREAU 122. AUTHORIZE GRANT APPLICATION FOR NEW YORK STATE SUICIDE PREVENTION INITIATIVE 2013 MENTAL HEALTH ASSOCIATION OF NEW YORK STATE (MHANYS) LOCAL MINI-GRANTS – YOUTH BUREAU 123. AUTHORIZE CHANGING POSITION OF FOOD SERVICES HELPER FROM TEMPORARY TO PERMANENT – OFFICE FOR THE AGING 124. AUTHORIZE AGREEMENT WITH STAFKINGS FOR PCI, PCII, AND IN- HOUSE CONTACT AND SUPPORT UNDER EISEP AND SUPERVISION (RESPITE) SERVICES UNDER THE TITLE IIIE CAREGIVER PROGRAM – OFFICE FOR THE AGING 125. AUTHORIZE AN AGREEMENT WITH NEW YORK STATE EARLY INTERVENTION FOR SERVICE COORDINATION SERVICES - PUBLIC HEALTH 126. AUTHORIZE AN AGREEMENT WITH STERICYCLE - PUBLIC HEALTH 127. AUTHORIZE AN AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH TO TRANSFER FUNDS INTO AN ESCROW ACCOUNT- PUBLIC HEALTH 128. OPPOSITION OF THE NEW YORK STATE SECURE AMMUNITION AND FIREARMS ENFORCEMENT (SAFE) ACT OF 2013 – COMMUNITY SERVICES 129. RECOGNIZE APRIL 15-19, 2013 AS WEEK OF THE YOUNG CHILD 130. AUTHORIZE 2013 CONTRACT RENEWAL WITH TRUGREEN – BUILDINGS & GROUNDS – FAILED 131. ADOPT VARIABLE MESSAGE SIGN (VMS) POLICY – HIGHWAY DEPARTMENT 132. AUTHORIZE AMENDING RESOLUTION NO. 57-13 TITLED “AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH STEUBEN COUNTY – HIGHWAY DEPARTMENT” 133. RECOGNIZE THE WEEK OF APRIL 21-27, 2013 AS “NATIONAL VOLUNTEER APPRECIATION WEEK” 134. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS 135. RESOLUTION IN SUPPORT OF ASSEMBLY BILLS A.88 AND A.824 SENATE BILLS S.3655 AND S.4277 RELATIVE TO REQUIRING A PLAINTIFF IN A MORTGAGE FORECLOSURE ACTION TO PROVIDE CONTACT INFORMATION AND MAINTAIN THE SUBJECT PROPERTY IN GOOD FAITH FOR VACANT STRUCTURES 136. LOCAL LAW INTRO. NO. 3 OF THE YEAR 2013 IMPOSING A LIMITATION ON THE NUMBER OF CONSECUTIVE TERMS TO BE HELD BY MEMBERS OF THE SCHUYLER COUNTY LEGISLATURE 137. RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ADOPT SPECIAL LEGISLATION TO ISSUE A VARIANCE OR EXEMPTION TO THE NUMBER OF REGISTERED VOTERS FOR EACH RESOLUTION BY NUMBER – 2013 I
ELECTION DISTRICT REQUIRED FOR SMALL COUNTIES WITH A POPULATION UNDER 50,000 138. AUTHORIZE A 2012-2013 CONTRACT WITH MUNICIPAL SOLUTIONS, INC. FOR TAX ANTICIPATION NOTE (TAN) CONSULTING – TREASURER 139. AUTHORIZE/ACCEPT AND ESTABLISH A DISASTER RELIEF GRANT – RECORDS MANAGEMENT 140. MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR 141. RECOGNIZE THE MONTH OF APRIL AS NATIONAL DONATE LIFE MONTH IN SCHUYLER COUNTY 142. RECOGNIZE MAY 6 – 12, 2013 AS NATIONAL NURSES’ WEEK – HEALTH SERVICES
SPECIAL MEETING APRIL 24, 2014
143. RATIFICATION OF SPECIAL MEETING 144. AUTHORIZE CONTRACT WITH ADJUSTERS INTERNATIONAL/BASLOE, LEVIN & CUCCARO, LTD. 145. AUTHORIZE SETTLEMENT AGREEMENT WITH WENDY APGAR
REGULAR MEETING MAY 13, 2014
146. APPROVE MINUTES OF THE APRIL 8, 2013 REGULAR MEETING AND THE APRIL 24, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 147. AUTHORIZE APPLICATION AND ACCEPTANCE OF A 2014 GOVERNORS TRAFFIC SAFETY COMMITTEE CHILD SAFETY SEAT PROGRAM GRANT – SHERIFF’S OFFICE 148. APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2013-2014 - PROBATION DEPARTMENT 149. AUTHORIZE AMENDING THE 2013 BUDGET FOR A PAID INTERN – DISTRICT ATTORNEY 150. AUTHORIZE 2013 CONTRACT WITH MONROE COUNTY FOR DEATH INVESTIGATIVE SERVICES – CORONER 151. RESOLUTION CLARIFYING THE INTENT TO HAVE ONE (1) RESERVE ACCOUNT FOR THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT 152. RECOGNIZE MAY 2013 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING 153. RECOGNIZE PAMELA GRIMMKE AND PEGGY SCOTT AS THE 2013 NEW YORK STATE OFFICE FOR THE AGING SENIOR CITIZEN OF THE YEAR NOMINESS FOR SCHUYLER COUNTY – OFFICE FOR THE AGING RESOLUTION BY NUMBER – 2013 I
154. AUTHORIZE APPOINTMENT OF LINDA MAPES TO THE OFFICE FOR THE AGING ADVISORY COUNCIL – OFFICE FOR THE AGING 155. AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR FISCAL INTERMEDIARY FOR CONSUMER DIRECTED IN-HOME SERVICES UNDER EISEP – OFFICE FOR THE AGING 156. ABOLISH THE COMMUNITY HOME HEALTH CARE PROFESSIONAL ADVISORY COMMITTEE/ ESTABLISH AND APPOINT MEMBERS TO A PUBLIC HEALTH PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH 157. AUTHORIZE AMENDMENT TO THE 2012-2013 PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT CONTRACT – PUBLIC HEALTH 158. ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES AND EARLY INTERVENTION CHILDREN 2013-14 – PUBLIC HEALTH 159. AUTHORIZE CONTRACT WITH PAULINE YOUNG, SPEECH THERAPIST FOR PRESCHOOL PROGRAM SERVICES – PUBLIC HEALTH 160. AUTHORIZE CONTRACT WITH LAKESIDE VETERINARY SERVICES, LLC FOR RABIES- PUBLIC HEALTH 161. AUTHORIZE CONTRACT RENEWAL WITH PRESCHOOL PROVIDERS GROUPS – PUBLIC HEALTH 162. AUTHORIZE CONTRACT RENEWALS WITH INDIVIDUAL PROVIDERS FOR PRESCHOOL SERVICES –PUBLIC HEALTH 163. AUTHORIZE MEMORANDUM OF UNDERSTANDING (MOU) WITH MANSOOR A. F. KAZI, PHD – HEALTH SERVICES 164. AUTHORIZE LIMITED DELEGATION OF AUTHORITY TO HEALTH MANAGEMENT SYSTEMS, INC. (HMS) FOR ESTATE CLAIMS AND CASUALTY LIENS FOR MEDICAID RECOVERY UNDER SOCIAL SERVICES LAW (SSL) 104, 104-B, 366, 367, AND 369 – SOCIAL SERVICES 165. AUTHORIZE CONTRACT WITH BEHAVIORAL INTERVENTIONS INC. FOR ELECTRONIC HOME MONITORING WITH GLOBAL POSITIONING SYSTEM - SOCIAL SERVICES 166. AUTHORIZE AN AMENDMENT TO THE 2013 CONTRACT WITH THE ARC OF SCHUYLER FOR THE NON EMERGENCY MEDICAL TRANSPORTATION SERVICES – SOCIAL SERVICES 167. AUTHORIZE ADVERTISING FOR REQUESTS FOR PROPOSALS (RFP’S) FOR A MONTH-TO-MONTH LEASE AT THE DOG SHELTER PROPERTY- BUILDINGS AND GROUNDS 168. AUTHORIZE INCREASE IN ANNUAL FEE WITH SCHOONER EXCURSIONS, INC. FOR ELECTRICAL USE AT FISHING PIER. BUILDINGS AND GROUNDS 169. OPPOSE CLEAN WATER ACT DRAFT GUIDANCE PROPOSED BY THE ENVIRONMENTAL PROTECTION AGENCY– HIGHWAY DEPARTMENT W/D ESTABLISH WORK WEEK FOR ALL ELECTED LEGISLATORS TO BE 20 HOURS PER WEEK EFFECTIVE IN THE YEAR 2014 - WITHDRAWN
RESOLUTION BY NUMBER – 2013 I
W/D LOCAL LAW INTRO. NO. 4 OF THE YEAR 2013 SETTING SALARIES FOR ELECTED LEGISLATORS - WITHDRAWN 170. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2013 SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2014 171. AUTHORIZE AMENDING RESOLUTION NO. 365-12 TITLED “2013 BUDGET OF $45,251,894: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN” 172. AUTHORIZE A GRANT WITH STATE OF NEW YORK BOARD OF ELECTIONS – SCHUYLER COUNTY BOARD OF ELECTIONS 173. ESTABLISH LEAD AGENCY STATUS FOR PUBLIC ENTERTAINMENT (OUTDOOR) – REGULATING/LICENSING 174. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING AMBER SALZER TEMPORARILY ASSUMING SR. CASEWORKER DUTIES IN CHILD PROTECTIVE SERVICES – SOCIAL SERVICES 175. AUTHORIZE THE CREATION AND FILLING OF A LESS THAN FULL TIME TEMPORARY SUMMER YOUTH EMPLOYMENT SUPERVISOR POSITION – SOCIAL SERVICES/YOUTH BUREAU 176. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 1 OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2014, 2015, 2016, 2017 W/D LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2013 IMPOSING A LIMITATION ON THE NUMBER OF CONSECUTIVE TERMS TO BE HELD BY MEMBERS OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN 177. AUTHORIZE 2013 CONTRACT RENEWAL WITH TRUGREEN/AUTHORIZE AMENDING THE 2013 BUDGET – BUILDINGS & GROUNDS
REGULAR MEETING JUNE 10, 2013
178. APPROVE MINUTES OF THE MAY 13, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 179. ESTABLISH 2013 - 2018 IMMUNIZATION GRANT CONTRACT - PUBLIC HEALTH 180. AUTHORIZE AMENDMENT TO OFFICE OF HOMELAND SECURITY GRANT CONTRACT - PUBLIC HEALTH 181. AUTHORIZE APPOINTMENTS TO THE COMMUNITY SERVICES BOARD – COMMUNITY SERVICES 182. AUTHORIZE CONTRACT WITH LABORATORY CORPORATION OF AMERICA HOLDINGS FOR TESTING SERVICES - SOCIAL SERVICES 183. ACCEPT/REJECT MONTH-TO-MONTH LEASE BIDS FOR HOUSE AT DOG POUND - BUILDINGS AND GROUNDS RESOLUTION BY NUMBER – 2013 I
184. AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL - AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL - AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT 185. AUTHORIZNG THE IMPLEMENTATION AND FUNDING OF A STATE “MARCHISELLI” PROGRAM ELIGIBLE TRANSPORTATION FEDERAL– AID PROJECT, TO FULLY FUND THE LOCAL SHARE OF FEDERAL AND STATE–AID ELIGIBLE AND INELIGIBLE PROJECT COSTS AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT 186. AUTHORIZE PURCHASE OF TANDEM DUMP TRUCK FROM TOWN OF CATHARINE - HIGHWAY DEPARTMENT 187. AUTHORIZATION TO DECLARE ITEMS JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 188. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE GOVERNING THE SUBMISSION OF A ONE PART, BAR-CODED RP-5217 REAL PROPERTY TRANSFER FORM – REAL PROPERTY 189. AUTHORIZE AMENDING THE CONTRACT WITH KVS INFORMATION SYSTEMS, INC. (KVS) FOR AN ADDITIONAL CENTRALIZED COLLECTION MODULE - TREASURER’S OFFICE 190. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW 191. AUTHORIZE AN AGREEMENT WITH PUBLIC EMPLOYER RISK MANAGEMENT ASSOCIATION, INC. (PERMA) TO JOIN THEIR WORKER’S COMPENSATION GROUP SELF-INSURANCE PROGRAM – HUMAN RESOURCES 192. AUTHORIZE AMENDING RESOLUTION NO. 160-12 TITLED “AUTHORIZE CONTRACT WITH ICON ENTERPRISES, INC. DBA CIVICPLUS FOR WEBSITE DEVELOPMENT AND HOSTING – INFORMATION TECHNOLOGY” 193. DECLARE NEGATIVE DECLARATION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) FOR ISSUANCE FOR PUBLIC ENTERTAINMENT PERMIT, WATKINS GLEN INTERNATIONAL, INC. 2013 EVENTS 194. AUTHORIZE AMENDING THE 2013 UNALLOCATED INSURANCE BUDGET 195. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2013/2014 NYS AID TO PROSECUTION GRANT - DISTRICT ATTORNEY 196. AUTHORIZE A CONTRACT WITH STEINMETZ PLANNING GROUP TO ASSIST WITH THE COMPLETION OF THE COUNTY-WIDE COMPREHENSIVE PLAN 197. RESOLUTION SETTING PUBLIC HEARING & SEQR HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2013 RESOLUTION BY NUMBER – 2013 I
198. ESTABLISH LEAD AGENCY STATUS FOR REVIEW PURPOSES – CONSTRUCTION OF FIRE, EMS AND PUBLIC WORKS COMMUNICATION TOWERS 199. AUTHORIZE CONTRACT WITH NEW YORK STATE CARE COORDINATION PROGRAM, INC. – COMMUNITY SERVICES 200. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING FRINGE BENEFITS WHEN WORK HOURS INCREASE FROM 35 TO 40 201. AUTHORIZE CONTRACT WITH AUTOMATIC DATA PROCESSING (ADP) INC. – HUMAN RESOURCES 202. AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO CREATE/FILL THE POSITION OF COMPLIANCE OFFICER 203. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE COMPLIANCE OFFICER POSITION – COMMUNITY SERVICES 204. AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO CREATE, FILL, ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR AN INFORMATION TECHNOLOGY ADMINISTRATOR POSITION 205. MOTION TO BRING FOUR (4) RESOLUTIONS TO THE FLOOR 206. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN-AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE 207. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING MARILYN JONES TEMPORARILY ASSUMING SOME INFORMATION TECHNOLOGY DIRECTOR DUTIES IN THE INFORMATION TECHNOLOGY DEPARTMENT – RESCINDED BY RESOLUTION NO 231-13 W/DAUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY HIGHWAY UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 REGARDING SNOW PLOWING CALL OUT AFTER HOURS - WITHDRAWN 208. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. 2 OF THE YEAR 2013 SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2014
SPECIAL MEETING JUNE 20, 2013
209. RATIFICATION OF SPECIAL MEETING 210. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY HIGHWAY UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 REGARDING SNOW PLOWING CALL OUT AFTER HOURS RESOLUTION BY NUMBER – 2013 I
211. AUTHORIZE APPOINTMENT AND SET SALARY FOR THE INFORMATION TECHNOLOGY DIRECTOR POSITION 212. MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR 213. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION (CSEA) ADMINSITRATIVE UNIT, INC. REGARDING KRISTA COATS TEMPORARILY ASSUMING MEDICAID COORDINATOR DUTIES
REGULAR MEETING JUNE 8, 2014
214. APPROVE MINUTES OF THE JUNE 10, 2013 REGULAR MEETING AND THE JUNE 20, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 215. AUTHORIZE GRANT APPLICATION TO THE NEW YORK STATE OFFICE OF HOMELAND SECURITY FOR HOMELAND SECURITY PREPAREDNESS - EMERGENCY MANAGEMENT/SHERIFF 216. AUTHORIZE UPDATE TO THE OFFICE POLICY AND PROCEDURAL MANUAL FOR THE SCHUYLER COUNTY PROBATION DEPARTMENT 217. AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE OFFICE OF VICTIM SERVICES GRANT FUNDS – DISTRICT ATTORNEY’S OFFICE 218. ACCEPTANCE OF 2013 AGRICULTURAL DISTRICT ANNUAL ENROLLMENT REQUESTS 219. AUTHORIZE ADVERTISEMENT FOR REQUEST FOR PROPOSALS (RFP) FOR GIS-BASED ONE-CALL/ONE-CLICK TRANSPORTATION RESOURCE CENTER SOFTWARE 220. AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE – COMMUNITY SERVICES 221. AUTHORIZE AGREEMENT WITH MASTERMIND ENTERTAINMENT/AUTHORIZE AMENDING THE 2013 BUDGET – PUBLIC HEALTH 222. AUTHORIZE AMENDMENT TO THE 2013 CONTRACT WITH GTL, INC, D/B/A LINK TO LIFE TO ADD CELL PHONE COVERAGE – SOCIAL SERVICES 223. AUTHORIZE CONTRACT WITH RESULTS LEADERSHIP GROUP, LLC FOR RESULTS SCORECARD, A PERFORMANCE ACCOUNTABILITY SYSTEM - SOCIAL SERVICES 224. AUTHORIZE MEMORANDUM OF UNDERSTANDING (MOU) WITH KRISTINA CUMMINGS, DO – SOCIAL SERVICES 225. ACCEPT/REJECT QUOTES FOR FIVE YEAR ELEVATOR INSPECTION AND TESTING – BUILDINGS AND GROUNDS 226. ACCEPT/REJECT QUOTES FOR FOUR YEAR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS RESOLUTION BY NUMBER – 2013 I
227. ACCEPT/REJECT QUOTES FOR UPS AND GENERATOR TESTING AND MAINTENANCE– BUILDINGS AND GROUNDS 228. AUTHORIZE FIVE YEAR CONTRACT RENEWAL WITH DAVIS-ULMER FOR QUARTERLY FIRE SPRINKLER INSPECTIONS AT THE COURTHOUSE COMPLEX AND HUMAN SERVICES COMPLEX, ANNUAL INSPECTION AND TESTING OF BACKFLOW PREVENTION DEVICES AT ALL COUNTY LOCATIONS – BUILDINGS & GROUNDS 229. AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER COUNTY COMMUNITY SERVICES - BUILDINGS AND GROUNDS 230. STANDARD WORK DAY AND REPORTING RESOLUTION FOR THE YEAR 2013 231. AUTHORIZE RESCINDING RESOLUTION NO. 207-13 TITLED “AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING MARILYN JONES TEMPORARILY ASSUMING SOME INFORMATION TECHNOLOGY DIRECTOR DUTIES IN THE INFORMATION TECHNOLOGY DEPARTMENT” 232. RESOLUTION DESIGNATING THE SCHUYLER COUNTY ATTORNEY AS THE OFFICIAL TO RECEIVE SERVICE OF A NOTICE OF CLAIM FROM THE SECRETARY OF STATE 233. ISSUE PUBLIC ENTERTAINMENT PERMITS TO WATKINS GLEN INTERNATIONAL, INC. FOR THEIR 2013 EVENTS 234. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2013 IMPOSING A LIMITATION ON THE NUMBER OF CONSECUTIVE TERMS TO BE HELD BY MEMBERS OF THE SCHUYLER COUNTY LEGISLATURE – FAILED 235. DISPOSITION OF CLAIM/AUTHORIZE TRANSFER OF FUNDS – HIGHWAY DEPARTMENT 236. AUTHORIZE SCHUYLER COUNTY HOMELAND SECURITY GRANT ADMINISTRATION STANDARD OPERATING GUIDELINE - SHERIFF’S OFFICE 237. AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING THE AGING SERVICES AIDE POSITION - OFFICE FOR THE AGING 238. MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR 239. AUTHORIZE ADDITIONAL COMPENSATION FOR ACTING DIRECTOR OF COMMUNITY SERVICES 240. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF COMMUNITY SERVICES POSITION – RESCINDED BY RESOLUTION NO. 259-13
REGULAR MEETING AUGUST 12, 2013
RESOLUTION BY NUMBER – 2013 I
241. APPROVE MINUTES OF THE JULY 8, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 242. AUTHORIZE GRANT APPLICATION AND CONTRACT FOR A FY2013 HAZMAT GRANT PROGRAM – EMERGENCY MANAGEMENT 243. SUPPORT OF THE ELMIRA PSYCHIATRIC CENTER – COMMUNITY SERVICES 244. AUTHORIZE CONTRACT WITH HUNT ARCHITECTS & SURVEYORS FOR SENECA HARBOR PARK PIER AND DOCKS INSPECTION – BUILDINGS & GROUNDS 245. AUTHORIZE ARCHITECTURAL CONTRETE PLUS, LLC TO CONSTRUCT THE FOUNDATION FOR THE RELOCATION OF THE LED VARIABLE MESSAGE SIGN – BUILDINGS & GROUNDS 246. ADOPT POLICY AND PROCEDURE MANUAL FOR THE SCHUYLER COUNTY HIGHWAY SIGN SHOP – HIGHWAY DEPARTMENT 247. AUTHORIZE CONTRACT WITH SYSTECH INTERNATIONAL, LLC FOR INSPECTION PROGRAM – HIGHWAY DEPARTMENT 248. RESOLUTION TO APPROVE APPLICATION FOR REFUND OR CREDIT OF REAL PROPERTY TAXES – REAL PROPERTY TAX SERVICE AGENCY 249. AUTHORIZE RE-APPOINTMENTMENT OF THE DIRECTOR OF REAL PROPERTY TAX SERVICES 250. AUTHORIZE DECREASING THE HOURS OF THE PAYROLL CLERK POSITION FROM FULL-TIME TO PART-TIME – HUMAN RESOURCES W/D RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX - WITHDRAWN 251. AUTHORIZING ARBOR DEVELOPMENT TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY DEVELOPEMNT BLOCK GRANT ON BEHALF OF SCHUYLER COUNTY – PUBLIC HEALTH 252. AUTHORIZE AMENDING THE 2013 UNALLOCATED INSURANCE BUDGET TO PAY FOR EMERGENCY CLEANUP AT SHARED PUBLIC WORKS FACILITY 253. RESOLUTION AUTHORIZING EXTENSION OF WATERFRONT LEASE AGREEMENT WITH SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – LEGISLATURE 254A. MOTION TO TABLE RESOLUTION NO. 254 - FAILED
RESOLUTION BY NUMBER – 2013 I
254. AUTHORIZE SALARY ADJUSTMENT FOR THE PLANNING DIRECTOR/AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR SAID ADJUSTMENT 255. AUTHORIZE AGREEMENT WITH NEW YORK STATE EARLY INTERVENTION PROGRAM– PUBLIC HEALTH – RESCINDED BY RESOLUTION NO. 276-13 256. AUTHORIZE DECREASE FROM 35 HOUR PER WEEK POSITION TO 20 HOUR PER WEEK POSITION FOR AGING SERVICES AIDE POSITION - OFFICE FOR THE AGING 257. AUTHORIZE CREATION OF AND SET REIMBURSEMENT RATES FOR SCHUYLER COUNTY REPUBLICAN AND DEMOCRATIC PARTY COORDINATOR POSITIONS – BOARD OF ELECTIONS 258. AUTHORIZE AN ONGOING CONTRACT WITH ELAVON, INC FOR CREDIT CARD PAYMENT 259. AUTHORIZE RESCINDING RESOLUTION NO. 240-13 TITLED “ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF COMMUNITY SERVICES POSITION” W/DAUTHORIZE ADVERTISEMENT FOR BIDS FOR THE RE- CONSTRUCTION OF THE SHARED PUBLIC WORKS FACILITY – BUILDING AND GROUNDS - WITHDRAWN 260. MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR 261. AUTHORIZE SETTLEMENT AGREEMENT WITH SHARRON HILLIARD 262. AUTHORIZE ADDITIONAL COMPENSATION FOR ACTING DIRECTOR OF COMMUNITY SERVICES
SPECIAL MEETING AUGUST 23, 2013
263. RATIFICATION OF SPECIAL MEETING 264. RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX 265. RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER (THE “COUNTY”) AUTHORIZING (i) THE RECONSTRUCTION OF THE COUNTY SHARED PUBLIC WORKS FACILITY (THE “FACILITY”), INCLUDING THE ESTABLISHMENT OF CAPITAL ACCOUNTS AND THE EXECUTION OF CONTRACTS AND AGREEMENTS RELATING TO THE RECONSTRUCTION OF THE FACILITY (THE “PROJECT”, AS MORE PARTICULARLY DESCRIBED HEREIN); AND (ii) MAKING CERTAIN FINDINGS RELATING TO THE RESOLUTION BY NUMBER – 2013 I
PROJECT, INCLUDING FINDINGS OF THE COUNTY PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (“SEQRA”)
SPECIAL MEETING SEPTEMBER 4, 2013
266. RATIFICATION OF SPECIAL MEETING 267. RESOLUTION URGING THE GOVERNOR TO MAINTAIN OPERATION OF THE MONTEREY SHOCK INCARCERATION CORRECTIONAL FACILITY IN RESPECT OF THE SAVINGS TO TAXPAYERS
REGULAR MEETING SEPTEMBER 9, 2013
268. APPROVE MINUTES OF THE AUGUST 12, 2013 REGULAR MEETING AND THE AUGUST 23, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 269. AUTHORIZE GRANT APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY MANAGEMENT PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT 270. AUTHORIZE APPLICATION AND ACCEPTANCE OF 2013 BYRNE JAG RECOVERY ACT GRANT – SHERIFF’S OFFICE 271. AUTHORIZE STOP DWI PLAN FOR 2014 – SHERIFF’S OFFICE 272. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR THE NY CONNECTS PROGRAM YEAR 8– OFFICE FOR THE AGING 273. AUTHORIZE AGREEMENT WITH SENIORS HELPING SENIORS FOR PC1 AND SUPERVISION (RESPITE) SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING 274. AUTHORIZE CONTRACT WITH JUVENTAS PHYSICAL, OCCUPATIONAL AND SPEECH THEREAPY SERVICES, PLLC FOR PRESCHOOL PROGRAM SERVICES – PUBLIC HEALTH 275. ESTABLISH 2013 - 2014 ANNUAL LEAD GRANT - PUBLIC HEALTH 276. AUTHORIZE RESCINDING RESOLUTION NO. 255-13 TITLED “AUTHORIZE AGREEMENT WITH NEW YORK STATE EARLY INTERVENTION PROGRAM”– PUBLIC HEALTH 277. AUTHORIZE CONTRACT WITH MASTERMIND ENTERTAINMENT FOR DJ SERVICES FOR STRONG KIDS SAFE KIDS EVENT – PUBLIC HEALTH 278. AUTHORIZE AN APPLICATION WITH THE NATIONAL ASSOCIATIONS OF CITY AND COUNTY HEALTH OFFICALS (NACCHO) FOR MEDICAL RESERVE CORP (MRC) CAPACITY BUILDING AWARD- PUBLIC HEALTH 279. RECOGNIZE OCTOBER AS NATIONAL BULLYING PREVENTION MONTH AND OCTOBER 9, 2013 AS SCHUYLER COUNTY’S UNITY DAY – PUBLIC HEALTH RESOLUTION BY NUMBER – 2013 I
280. AUTHORIZE AMENDING THE CONTRACT WITH TEN ELEVEN GROUP FOR AN ADDITIONAL AUTOMATED REMINDER CALL MODULE – COMMUNITY SERVICES – AS AMENDED 281. AUTHORIZE ACCEPTANCE OF SYSTEMS OF CARE INNOVATION FUND GRANT AND AUTHORIZE A MEMORANDM OF UNDERSTANDING (MOU) WITH COORDINATED CARE SERVICES, INC. – COMMUNITY SERVICES 282. AUTHORIZE CONTRACT RENEWAL FOR 2013-2014 WITH CORNELL COOPERATIVE EXTENSION FOOD STAMPS NUTRITION SERVICES – SOCIAL SERVICES 283. AUTHORIZE CONTRACT EXTENSION WITH SILVERLINE CONSTRUCTION, INC. FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY - HIGHWAY DEPARTMENT 284. AUTHORIZE CONTRACT WITH THE LEAHY COMPANY INC. FOR WORKER’S COMPENSATION INSURANCE RECOVERY SERVICES – HUMAN RESOURCES 285. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION – HIGHWAY DEPARTMENT UNIT REGARDING SICK BANK – CIVIL SERVICE 286. AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES FOR 2014 287. AUTHORIZE SETTLEMENT AGREEMENT WITH AMIE L. KELLER 288. AUTHORIZE RENEWING INTER-MUNICIPAL AGREEMENTS WITH THE TOWNS TO PROVIDE COUNTY WIDE ASSESSING SERVICES – REAL PROPERTY TAX 289. AUTHORIZE AMENDING RESOLUTION NO. 258-13 TITLED “AUTHORIZE AN ONGOING CONTRACT WITH ELAVON, INC FOR CREDIT CARD PAYMENT SERVICES – TREASURER’S OFFICE” TO SPECIFY THE HOST DEPARTMENTS COSTS ASSOCIATED WITH CREDIT CARD PAYMENT SERVICES 290. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DEPUTY COMMISSIONER OF SOCIAL SERVICES POSITION 291. MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR 292. AUTHORIZE LEASE AGREEMENT RENEWALS WITH THE MECKLENBURG VOLUNTEER FIRE COMPANY, BURDETT VOLUNTEER FIRE COMPANY, VALOIS-LOGAN HECTOR FIRE COMPANY, SEARSBURG GRANGE #494, AND TYRONE VOLUNTEER FIRE COMPANY AS POLLING SITES FOR THE PURPOSE OF CONDUCTING COUNTY-WIDE ELECTIONS
SPECIAL MEETING OCTOBER 9, 2013
293. RATIFICATION OF SPECIAL MEETING RESOLUTION BY NUMBER – 2013 I
294. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF COMMUNITY SERVICES POSITION
REGULAR MEETING OCTOBER 21, 2013
295. APPROVE MINUTES OF THE SEPTEMBER 4, 2013 SPECIAL MEETING AND THE SEPTEMBER 9, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 296. AUTHORIZE TRANSFER OF FUNDS – CORONER 297. AUTHORIZE 2013-2014 SNOWMOBILE GRANT APPLICATION – SOIL & WATER CONSERVATION 298. AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR THE PROVISION OF HOME ENERGY ASSISTANCE PROGRAM (HEAP) ALTERNATIVE CERTIFIER- SOCIAL SERVICES 299. AUTHORIZE AMENDING THE 2013 BUDGET SAFETY NET AND FOSTER CARE – SOCIAL SERVICES 300. AUTHORIZE LEASE AGREEMENT WITH DEPARTMENT OF SOCIAL SERVICES FOR SPACE USED FOR THE PINS DIVERSION PROGRAM - BUILDINGS AND GROUNDS 301A MOTION TO TABLE RESOLUTION NO. 301 301. APPOINTMENT – HIGHWAY SUPERINTENDENT - 2014-2017 – TABLED 302. AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 303. AUTHORIZE THE CREATION AND FILLING OF A DEPUTY COUNTY CLERK TRAINEE POSITION/ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COUNTY CLERK POSITION – COUNTY CLERK 304. AUTHORIZE ONGOING AGREEMENT WITH CHILD CARE COUNCIL, A DEPARTMENT OF PROACTION OF STEUBEN AND YATES COUNTY FOR INTERNET SERVICE – INFORMATION TECHNOLOGY 305. RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2013 TOWN OF MONTOUR TAX ROLL – REAL PROPERTY TAX 306. SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2014 307. RESOLUTION IN SUPPORT OF STATE PROPOSITION NO. 1 AUTHORIZING CASINO GAMING – FAILED 308. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2014 309. MOTION TO BRING FOUR (4) RESOLUTIONS TO THE FLOOR 310. APPOINTMENT – COUNTY CORONER 311. AUTHORIZE APPOINTMENT – PLANNING DIRECTOR 312. AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES 313. AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT
RESOLUTION BY NUMBER – 2013 I
SPECIAL MEETING OCTOBER 30, 2013
314. RATIFICATION OF SPECIAL MEETING 315. ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PROBATION 316. ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES 317. ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – MENTAL HEALTH 318. ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PLANNING 319. MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR 320. ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – OFFICE FOR THE AGING 321. ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT
REGULAR MEETING NOVEMBER 12, 2013
322. APPROVE MINUTES OF THE OCTOBER 9, 2013 SPECIAL MEETING, OCTOBER 21, 2013 REGULAR MEETING AND THE OCTOBER 30, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 323. AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT 324. AUTHORIZE AGREEMENT WITH YATES COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S OFFICE – AS AMENDED BY RESOLUTION NO. 348-13 325. AUTHORIZE CONTRACT WITH LIGHTHOUSE INVESTIGATIONS & SERVICES, LLC – PUBLIC DEFENDER’S OFFICE 326. ACCEPT/REJECT PROPOSALS FOR A GIS BASED ONE-CALL/ONE- CLICK TRANSPORTATION RESOURCE CENTER SOFTWARE 327. AUTHORIZE APPROVAL OF THE 2014-2015 ANNUAL IMPLEMENTATION PLAN- OFFICE FOR THE AGING 328. AUTHORIZE AGREEMENT WITH AIMEE CHURCHILL, ESQ. FOR THE PROVISION OF LEGAL SERVICES TO THE OFFICE FOR THE AGING CLIENTS – OFFICE FOR THE AGING – AS AMENDED BY RESOLUTION NO. 328-14 329. AUTHORIZE CONTRACT RENEWAL WITH PITNEY BOWES, INC. FOR THE RENTAL OF A NEW POSTAGE METER – HEALTH SERVICES 330. AUTHORIZE AMENDING 2013 BUDGET – SOCIAL SERVICES RESOLUTION BY NUMBER – 2013 I
331. AUTHORIZATION TO CREATE AND FILL A SENIOR CASEWORKER POSITION – SOCIAL SERVICES 332. AUTHORIZE ONE YEAR CONTRACT WITH ALL-MODE COMMUNICATIONS, INC. FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDING AND GROUNDS 333. AUTHORIZE A ONE-YEAR CONTRACT WITH DAY AUTOMATION SYSTEMS, INC. FOR MAINTENANCE AND SUPPORT OF SECURITY ALARM SYSTEM – BUILDINGS & GROUNDS 334. AUTHORIZE CONTRACT WITH UNIFIRST FOR UNIFORM RENTAL/CLEANING SERVICE – HIGHWAY DEPARTMENT 335. SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT 336. APPOINTMENT - SCHUYLER HEAD START BOARD OF DIRECTORS 337. AUTHORIZE INCREASE IN HOURS FOR THE VACANT PUBLIC HEALTH SPECIALIST POSITION FROM 20 HOURS A WEEK TO 35 HOURS A WEEK - PUBLIC HEALTH 338. RECOGNIZE THE WEEK OF DECEMBER 2 – 6, 2013 AS EMPLOYEE LEARNING WEEK 2013 339. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2014 340. MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR 341. AUTHORIZE TRANSFER OF FUNDS FROM CONTINENGENCY FOR THE REMAINDER OF PAYMENT TO ADJUSTERS INTERNATIONAL 342. RESOLUTION CLASSIFYING THE PROPOSED CONSTRUCTION OF AN AERATION SYSTEM AT THE NORTH END OF WANETA LAKE AS AN UNLISTED ACTION AND NOMINATING THE SCHUYLER COUNTY LEGISLATURE AS THE ENVIRONMENTAL QUALITY REVIEW LEAD AGENCY PURSUANT TO 6NYCRR PART 617 343. MOTION TO BRING THREE (3) ADDITIONAL RESOLUTIONS TO THE FLOOR 344. ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2014 345. APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2014” 346. 2014 BUDGET OF $42,779,018.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN
REGULAR MEETING DECEMBER 9, 2013
347. APPROVE MINUTES OF THE NOVEMBER 12, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE RESOLUTION BY NUMBER – 2013 I
348. AUTHORIZE AMENDING RESOLUTION NO. 324-13 TITLED “AUTHORIZE 2014 AGREEMENT WITH YATES COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S OFFICE” 349. AUTHORIZE TRANSFER OF FUNDS 2013 BUDGET FOR PURCHASE OF EQUIPMENT – SHERIFF’S OFFICE 350. AUTHORIZE CONTRIBUTING FUNDS TOWARDS A CONTRACT BETWEEN HARRIS BEACH, PLLC AND THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY FOR LEGAL SERVICES RELATIVE TO LEGAL SERVICES PERFORMED ON A LEASE AT THE SENECA HARBOR PARK AREA/AUTHORIZE AMENDING THE 2013 BUDGET – BUILDINGS AND GROUNDS 351. AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES TO PROVIDE RSVP SERVICES TO SCHUYLER COUNTY FOR THE YEAR 2014 352. AUTHORIZE AGREEMENT WITH SCHUYLER HOSPITAL, INC. FOR SERVICES OF A REGISTERED DIETITIAN FOR THE NUTRITION PROGRAM - OFFICE FOR THE AGING – RESCINDED BY RESOLUTION NO. 52-14 353. AUTHORIZE AGREEMENT WITH SERVING THE ELDERLY THROUGH PROJECT PLANNING (SEPP) – OFFICE FOR THE AGING 354. AGREEMENT WITH CATHOLIC CHARITIES OF CHEMUNG AND SCHUYLER COUNTIES FOR THE PROVISION OF A MATTER OF BALANCE AND STRONG FOR LIFE CLASSES- OFFICE FOR THE AGING 355. AUTHORIZE AGREEMENT WITH SENIORS HELPING SENIORS FOR ANCILLARY SERVICES UNDER EISEP AND IN-HOME CONTACT AND SUPPORT (RESPITE) SERVICES UNDER TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING 356. AUTHORIZE CONTRACT WITH HUTHER DOYLE MEMORIAL INSTITUTE, INC. – COMMUNITY SERVICES 357. AUTHORIZE CONTRACT WITH IVANS, INC. FOR BILLING SERVICES – COMMUNITY SERVICES 358. AUTHORIZE INCREASING THE HOURS OF THE WATERSHED ASSISTANT POSITION FROM 28 HOURS A WEEK TO 35 HOURS A WEEK - PUBLIC HEALTH 359. AUTHORIZE AGREEMENT WITH DAVENPORT UNIVERSITY FOR ADMINISTRATIVE EXPERIENCE FOR A COLLEGE STUDENT – PUBLIC HEALTH 360. AUTHORIZE INCREASING THE HOURS OF PART-TIME KEYBOARD SPECIALIST POSITION FROM 17 HOURS TO 35 HOURS PER WEEK - SOCIAL SERVICES 361. AUTHORIZE INCREASING THE HOURS OF THE LESS THAN FULL TIME SOCIAL SERVICES INVESTIGATOR POSITION 24 HOURS TO 35 HOURS PER WEEK - SOCIAL SERVICES RESOLUTION BY NUMBER – 2013 I
362. AUTHORIZE CONTRACT WITH AIM INDEPENDENT LIVING CENTER FOR CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM – SOCIAL SERVICES 363. AUTHORIZE CONTRACT WITH THE CENTER FOR DISABILITY RIGHTS, INC. FOR CONSUMER DIRECTED PERSONAL ASSISTANCE – SOCIAL SERVICES 364. AUTHORIZE CONTRACT WITH STAFKINGS HEALTHCARE SYSTEMS, INC. FOR PERSONAL CARE ASSISTANCE – SOCIAL SERVICES 365. AUTHORIZE CONTRACT WITH THE NEW FALLS HOME, LLC FOR THE ASSISTED LIVING PROGRAM – SOCIAL SERVICES 366. AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE SCHUYLER COUNTY SHERIFF’S DEPARTMENTTO PROVIDE PROTECTIVE SERVICES – SOCIAL SERVICES 367. AUTHORIZE CONTRACT WITH THE OFFICE FOR THE AGING FOR EXPANDED IN HOME SERVICES – SOCIAL SERVICES 368. AUTHORIZE RENEWAL OF AGREEMENT WITH GLOVE HOUSE, INC TO PROVIDE PREVENTATIVE YOUTH DEVELOPMENT PROGRAM - SOCIAL SERVICES 369. AUTHORIZE AMENDING THE AGREEMENT WITH SCHUYLER COUNTY PROBATION FOR PREVENTION YOUTH SUPERVISION SERVICES – SOCIAL SERVICES 370. AUTHORIZE 2014 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS 371. AUTHORIZE RESCINDING RESOLUTION NO. 111-13 TITLED “AUTHORIZE LEASE AGREEMENT WITH SOUTHERN TIER NETWORK - BUILDINGS AND GROUNDS” 372. AUTHORIZE TRANSFER OF FUNDS FROM COUNTY ROAD PERMANENT IMPROVMENTS TO COUNTY ROAD BRIDGES ACCOUNT FOR MILL STREET BRIDGE REPLACEMENT PROJECT - HIGHWAY DEPARTMENT 373. AUTHORIZE CHANGE ORDER WITH SILVERLINE CONSTRUCTION, INC. FOR THE MILL STREET BRIDGE OVER DECKERTOWN CREEK BRIDGE PROJECT - HIGHWAY DEPARTMENT 374. AUTHORIZE INTER-MUNICIPAL AGREEMENT RENEWAL WITH STEUBEN COUNTY - HIGHWAY DEPARTMENT 375. AUTHORIZE AN APPLICATION WITH THE LOCAL RECORDS MANAGEMENT IMPROVEMENT FUND FOR AN ELECTRONIC DOCUMENT MANAGEMENT SYSTEM AND DIGITAL IMAGING SOLUTION, SHARED SERVICES – RECORDS MANAGEMENT – RESCINDED BY RESOLUTION NO. 73-14 376. SET DATES - 2013 YEAR END MEETING AND THE 2014 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE 377. AUTHORIZE DISTRIBUTION OF MORTGAGE TAX RECEIPTS PURSUANT TO SECTION 261 OF THE NEW YORK STATE TAX LAW RESOLUTION BY NUMBER – 2013 I
378. AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY, 2014, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 379. AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2014, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE 380. RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2014 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE 381. AUTHORIZE AMENDING THE ONGOING AGREEMENT WITH CSS WORKFORCE NY, SCHUYLER HEAD START, CDRC AND AIM FOR INTERNET SERVICE – INFORMATION TECHNOLOGY 382. AUTHORIZE ACCEPTANCE OF THE NEW YORK STATE DEPARTMENT OF STATE LOCAL GOVERNMENT EFFICIENCY GRANT (LGEG) FOR A CONSOLIDATION OF SERVICES STUDY 383. COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2013 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWNS OF ORANGE AND TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK 384. DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2014 385. MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR 386. AUTHORIZE SETTLEMENT AGREEMENT WITH WILLIAM S. CLARK
YEAR END MEETING DECEMBER 30, 2013
387. AUTHORIZE ONE-YEAR CONTRACT EXTENSION WITH MEDTOX LABORATORIES INC. TO PERFORM LABORATORY DRUG SCREENS AND TEST CONFIRMATIONS - PROBATION DEPARTMENT 388. AUTHORIZE TRANSFER OF FUNDS – CORONER 389. AUTHORIZE A CONTRACT EXTENSION WITH STEINMETZ PLANNING GROUP TO ASSIST WITH THE COMPLETION OF THE COUNTY-WIDE COMPREHENSIVE PLAN 390. AUTHORIZE ADDITIONAL UNITS TO THE PROPOSAL FOR GIS BASED ONE-CALL/ONE-CLICK TRANSPORTATION RESOURCE CENTER SOFTWARE FROM ROUTE MATCH SOFTWARE 391. AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING TO RECEIVE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT (MIPPA) FUNDING– OFFICE FOR THE AGING 392. RESOLUTION URGING NEW YORK STATE TO RESTORE THE HISTORIC 50/50 STATE/LOCAL COST SHARING FOR THE STATE’S MANDATED SAFETY NET PROGRAM OR PROVIDE MORE PROGRAM RESOLUTION BY NUMBER – 2013 I
CONTROL TO LOCAL SOCIAL SERVICE DISTRICTS COMMENSURATE WITH COUNTIES INCREASED FISCAL RESPONSIBILITY FOR THE PROGRAM – SOCIAL SERVICES 393. AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING 394. AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS 395. UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2013-2014 396. DEDICATION OF 2013 PROCEEDINGS
1 PROCEEDINGS OF THE YEAR 2013
ORGANIZATIONAL MEETING JANUARY 8, 2013
The January 8, 2013 Organizational Meeting of the Schuyler County Legislature was called to order at 9:15 a.m. by Stacy B. Husted, Clerk, acting as Temporary Chairman. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of Silence. All Legislators were present except Legislator Larison who was excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Alan Hurley, Town of Reading, was present and asked what the purpose of this meeting was. The Clerk explained that it is to appoint the Chairman and adopt rules, policies and procedures for the year. The Acting Chair then opened the floor for nominations for Chairman of the Legislature for the year 2013. MOTION by Legislator Gifford to nominate Legislator Dennis A. Fagan as Chairman, SECOND by Legislator Barnes. The Acting Chair asked for other nominations and there were none. RESOLUTION NO. 1 Motion by Karius, Second by Gifford. RE: CLOSE NOMINATIONS - 2013 CHAIRPERSON OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the nominations for the 2013 Chairperson of the Schuyler County Legislature be closed. Vote 7-0. RESOLUTION NO. 2 Motion by Barnes, Second by Gifford. RE: APPOINTMENT - CHAIR, SCHUYLER COUNTY LEGISLATURE – 2013 BE IT RESOLVED, that Dennis A. Fagan be Chairperson of the Schuyler County Legislature for the year 2013. Vote 7-0. RESOLUTION NO. 3 Motion by Halpin, Second by Yuhasz. RE: "CONTINUITY OF LOCAL GOVERNMENT" FOR 2013 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 2013, as follows: Chairman Dennis A. Fagan #1 Vice-Chairman Doris L. Karius #2 Vice-Chairman Thomas M. Gifford #3 Vice-Chairman Glenn R. Larison #4 Vice-Chairman Michael A. Yuhasz #5 Vice-Chairman Stewart F. Field, Jr. #6 Vice-Chairman Barbara J. Halpin #7 Vice-Chairman Philip C. Barnes Vote 7-0. RESOLUTION NO. 4 Motion by Halpin, Second by Yuhasz 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 7-0. RESOLUTION NO. 5 Motion by Halpin, Second by Yuhasz. 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: CHEMUNG CANAL TRUST COMPANY Montour Falls or Watkins Glen Office 303 W. Main Street Montour Falls, NY 14865 $8,000,000.00 TOMPKINS COUNTY TRUST COMPANY Main Street Odessa, NY 14869 $8,000,000.00 CHASE 971 County Route 64, Suite 200 Elmira, NY 14903 $8,000,000.00 COMMUNITY BANK, N.A. Watkins Glen Office 401 N. Franklin Street $8,000,000.00 Vote 7-0. RESOLUTION NO. 6 Motion by Karius, Second by Gifford. 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, as amended on October 12, 1999, and as amended by May 10, 2004, as amended on June 12, 2006, and as amended on January 1, 2007, be conformed to. Vote 7-0. RESOLUTION NO. 7 Motion by Karius, Second by Gifford. RE: APPOINTMENT - CHIEF CORONER FOR 2013 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 2013, at an additional stipend of $2,500 for administrative duties to be paid quarterly at the rate of $625.00 per quarter. Vote 7-0. RESOLUTION NO. 8 Motion by Karius, Second by Gifford. RE: APPOINTMENT – COUNTY HISTORIAN FOR 2013 BE IT RESOLVED, that Marian M. Boyce be appointed as County Historian for the year 2013, with a salary of $3,300. Vote 7-0. RESOLUTION NO. 9 Motion by Halpin, Second by Gifford. RE: ADOPT SCHEDULE OF SALARIES FOR 2013 BE IT RESOLVED, that the Schedule of Salaries for 2013, as attached hereto, be adopted, effective January 1, 2013, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized and directed to pay the County employees according to the 2013 Salary Schedule. Vote 7-0. RESOLUTION NO. 10 Motion by Halpin, Second by Gifford. RE: APPROVE AND ADOPT UPDATED PURCHASING POLICIES AND PROCEDURES FOR 2013 - PURCHASING WHEREAS, Schuyler County Purchasing Policies and Procedures have been updated to reflect procedural changes and recent additions to General Municipal Law (GML) Section 103. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature approves and adopts the revised Purchasing Policies and Procedures for 2013, on file in the Legislative Office and the Purchasing Department, effective January 1, 2013. Vote 7-0. RESOLUTION NO. 11 Motion by Halpin, Second by Gifford. RE: DELEGATE TO THE REAL PROPERTY TAX DIRECTOR THE AUTHORITY TO AUTHORIZE CORRECTION OF ERRORS AND PAYMENT OF TAX REFUNDS IN AN AMOUNT NOT TO EXCEED $2,500 FOR THE YEAR 2013 3 PROCEEDINGS OF THE YEAR 2013
WHEREAS, the State of New York has, pursuant to Sections 554 and 556 of the Real Property Tax Law (RPTL), authorized correction of errors and payment of tax refunds without prior audit for corrections for refunds not exceeding $2,500, and WHEREAS, Schuyler County desires to delegate to the Real Property Tax Services Director (Director) the authority as stated under said law. NOW, THEREFORE, BE IT RESOLVED, that there is hereby delegated to the Director the power to authorize the Schuyler County Treasurer to make payment of any refund or credit of taxes not exceeding the sum of $2,500 without prior audit, as provided in Sections 554(9) and 556(8) of the RPTL for the calendar year of 2013, with the following provisions: 1. That the Director shall comply with all provisions under RPTL Sections 554 and 556 relative to corrections of errors and the refund or credit of taxes. 2. That on or before the 15th day of each month the Director shall submit to the Legislature a report of the corrections, refunds and credits processed by such official during the month, embodying in that report the information as required under aforesaid statute. 3. That in no case shall the total amount of such refund or credit exceed the amount appropriated by the County Legislature. Vote 7-0. RESOLUTION NO. 12 Motion by Gifford, Second by Halpin. RE: ACKNOWLEDGE APPOINTMENT OF DEMOCRATIC DEPUTY COMMISSIONER, BOARD OF ELECTIONS WHEREAS, John Vona, Democratic Commissioner in the Board of Elections, has appointed Carolyn C. Elkins with the endorsement of the Democratic Party for the term 2013-2014. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by John Vona, Commissioner, Board of Elections of Carolyn C. Elkins as Deputy Commissioner, Board of Elections effective January 1, 2013 through December 31, 2014, full-time, at an annual salary of $33,738. RESOLTUION NO. 13 Motion by Gifford. Second by Halpin. RE: ACKNOWLEDGE APPOINTMENT OF REPUBLICAN DEPUTY COMMISSIONER, BOARD OF ELECTIONS WHEREAS, Joseph Fazzary, Republican Commissioner in the Board of Elections, has appointed Cindy L. Cady with the endorsement of the Republican Party for the term 2013-2014. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby acknowledge the appointment by Joseph Fazzary, Commissioner, Board of Elections of Cindy L. Cady as Deputy Commissioner, Board of Elections effective January 1, 2013 through December 31, 2014, full-time, at an annual salary of $30,900. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:22 A.M. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk
REGULAR MEETING JANUARY 14, 2013
The January 14, 2013 Organizational Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present except Legislator Larison who was excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Alan Hurley asked a number of questions regarding the Resolutions on the agenda. All of his questions had been answered by either Chairman Fagan, Administrator O’Hearn or the Clerk. RESOLUTION NO. 14 Motion by Karius, Second by Barnes. RE: APPROVE MINUTES OF THE DECEMBER 10, 2012 REGULAR MEETING, AND THE DECEMBER 27, 2012 YEAR END MEETING OF THE SCHUYLER COUNTY LEGISLTURE BE IT RESOLVED, that the minutes of the December 10, 2012 and the December 27, 2012 Year End Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 15 Motion by Barnes, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR THE NEW YORK STATE CHILDREN & FAMILY SERVICES TRUST FUND GRANT – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play & Resource Center program, and WHEREAS, funding is needed for child abuse prevention and/or family resource and support, and WHEREAS, the Schuyler County Youth Bureau acts as the fiscal agent for the program, and WHEREAS, the Trust Fund offers funding up to $100,000 with no local match being required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 16 Motion by Barnes, Second by Field. RE: AUTHORIZE CONTRACT WITH HARMONY INFORMATION SYSTEMS, INC. FOR THE COLLECTION OF AND USE IN REPORTING OF CLIENT SERVICE DATA – OFFICE FOR THE AGING WHEREAS, the New York State Office for the Aging (NYSOFA) has mandated that various records that are required to be maintained in the provision of services by this Office be electronically compiled, stored, and transmitted in certain electronic format, and WHEREAS, the software package to be used and that is highly encouraged by NYSOFA is SAMS (Social Assistance & Management System) which is manufactured, sold, and serviced by Harmony, and WHEREAS, this Office has purchased SAMS which has been in use in this Office since 2005, and WHEREAS, with the addition of NY Connects within Office for the Aging, a second data collection system, SAMS I/R, is required for capturing and reporting to the state, and WHEREAS, software needs are incorporated into the Central Data Processing 2013 budget account 1680.0400 for said project. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Harmony Information Systems, Inc. to provide the necessary user licenses and implement software products to procure related services in the amount of $5,771.70 for the term of February 1, 2013 through January 31, 2014, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 17 Motion by Barnes, Second by Field. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF MILL STREET BRIDGE REPLACEMENT, VILLAGE OF ODESSA – HIGHWAY DEPARTMENT WHEREAS, Schuyler County accepted a proposal for engineering services for the Mill Street over Deckertown Creek Bridge Replacement (BIN 3332260), and WHEREAS, the project design is complete, it is now necessary to advertise for bids for construction, and WHEREAS, funding for said project is available in the 2013 budget. NOW, THEREFORE, BE IT RESOLVED, that the County Highway Superintendent be authorized to advertise for bids for the construction of the Mill Street Bridge Replacement. Vote 7-0. RESOLUTION NO. 18 Motion by Barnes, Second by Field. RE: AUTHORIZE BILLING AGREEMENT WITH BEAVER DAMS FIRE COMPANY FOR SHARED FUEL FACILITY – HIGHWAY DEPARTMENT 5 PROCEEDINGS OF THE YEAR 2013
WHEREAS, the Beaver Dams Fire Company has requested to utilize the Schuyler County Highway Department Shared Fuel Facility, and WHEREAS, there is a need for a billing agreement between the County and the Beaver Dams Fire Company, and WHEREAS, the existing agreements that are in place where set up for a 10 year term, and WHEREAS, the term of the agreement will be for 7 years, to coincide with the existing Shared Fuel user contract end date. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a 7-year billing agreement with the Beaver Dams Fire Company at a cost to include the cost of fuel plus a surcharge for capital and maintenance effective immediately; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 19 Motion by Barnes, Second by Field. RE: AUTHORIZE CONTRIBUTING FUNDS TOWARDS A CONTRACT BETWEEN THE BONADIO GROUP AND THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY FOR AUDITING SERVICES IN THE AMOUNT OF $5,000/AUTHORIZE AMENDING THE 2013 BUDGET – BUILDING & GROUNDS WHEREAS, the Schuyler County Industrial Development Agency (SCIDA) will be hiring the Bonadio Group to perform auditing services on the leases at the Seneca Harbor Park area, WHEREAS, the Legislature wishes to contribute up to $5,000 towards the total fee not to exceed $10,000 for the contract. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the contribution of up to $5,000 towards the contract between SCIDA and the Bonadio Group for auditing services to be funded from account no. 7110.490-Seneca Harbor Park, with anticipation of increased revenues in the same amount, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2013 Seneca Harbor Park Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$5,000 7110.490 Subcontracts +$5,000 7110.2410 Rental of Buildings-Individual Revenue Vote 7-0. RESOLUTION NO. 20 Motion by Barnes, Second by Field. RE: AUTHORIZE AMENDING THE FIXED ASSETS POLICIES AND PROCEDURES - PURCHASING WHEREAS, the Schuyler County Fixed Assets Policies and Procedures has been updated to reflect procedural changes, and WHEREAS, the County Attorney has reviewed and approved of the changes. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approve of the amended and revised Fixed Assets Policies and Procedures, on file in the Legislative Office and Purchasing Department. Vote 7-0. RESOLUTION NO. 21 Motion by Gifford, Second by Field. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED, that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Serial/VIN # Department 2509 Coffee Maker (Bunn) 892066B DSS 0925 6-Dwr Desk (’72) N/A Probation 6032 Dell 620 1PHHPB1 IT (Legislature) SURPLUS Asset # Description Serial/VIN # Department 4127 Television (Panasonic 20”) F9AA20728 Mental Health 5056 Television (Big screen) Public Health 6090 Dish Pole Mount Public Health Vote 7-0. RESOLUTION NO. 22 Motion by Gifford, Second by Field. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE) WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit sealed bids for the application of triclopyr (Renovate) and Aquathol K on Waneta Lake and the residual monitoring thereof. WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to submit permit applications and Notice of Intent (NOI) to the New York State Department of Environmental Conservation (DEC) regarding the proposed herbicide Renovate treatment of Waneta Lake in 2013. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for sealed bids on January 16, 2013 for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that bids will be due no later than 3:00 p.m. on February 6, 2013. Acceptance/rejection of the bids will be at the February 11, 2013 Regular Meeting of the Schuyler County Legislature. The County of Schuyler reserves the right to accept or reject any and all bids, and BE IT FURTHER RESOLVED, that the District authorizes Dennis Fagan, on their behalf, to submit the required permit application and NOI to DEC for the Renovate treatment of Waneta Lake in 2013. Vote 7-0. RESOLUTION NO. 23 Motion by Gifford, Second by Field. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE) WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to solicit sealed bids for the application of triclopyr (Renovate) on Lamoka Lake and the residual monitoring thereof. WHEREAS, the Lamoka/Waneta Lakes Protection and Rehabilitation District needs to submit permit applications and Notice of Intent (NOI) to the New York State Department of Environmental Conservation (DEC) regarding the proposed herbicide (Renovate) treatment of Lamoka Lake (including the Mud Creek Channel and Mill Pond) in 2013. NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Legislature be hereby authorized to advertise for sealed bids on January 16, 2013 for chemical application and residual monitoring services as set forth above for the Lamoka/Waneta Lakes Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that bids will be due no later than 3:00 p.m. on February 6, 2013. Acceptance/rejection of the bids will be done at the February 11, 2013 Regular Meeting of the Schuyler County Legislature. The County of Schuyler reserves the right to accept or reject any and all bids, and BE IT FURTHER RESOLVED, that the District authorizes Dennis Fagan, on their behalf, to submit the required permit application and NOI to DEC for the Renovate treatment of Lamoka Lake in 2013. Vote 7-0. RESOLUTION NO. 24 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE AMENDING RESOLUTION NO. 202-12 TITLED “AUTHORIZE 2012-2014 CONTRACT RENEWAL WITH THE ARC OF SCHUYLER COUNTY FOR PUBLIC TRANSIT” 7 PROCEEDINGS OF THE YEAR 2013
WHEREAS, the term of the contract renewal will only be from August 17, 2012 through June 30, 2013 therefore Resolution No. 202-12 needs to be amended to reflect this change. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 202-12 be amended to change the term in the title to be 2012-2013 and in item 2. in the Resolution to be August 17, 2012 through June 30, 2013. Vote 7-0. RESOLUTION NO. 25 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE APPLICATION FOR A SECTION 5311 CONSOLIDATED GRANT WHEREAS, the County of Schuyler is submitting a request for a consolidated grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for a project to provide for Public Mass Transportation Service for Schuyler County, provided by the Arc of Schuyler for the 2013 and 2014 fiscal years, and WHEREAS, the County of Schuyler and the State of New York have entered into a continuing agreement which authorizes the undertaking of the project and payment of the Federal Share, and WHEREAS, the County of Schuyler is contracting with a third party subcontractor, the Arc of Schuyler, to provide transportation services to Schuyler County residences for the project years August 16, 2012 thru June 30, 2013 and July 1, 2013 through December 31, 2014, and NOW, THEREFORE BE IT RESOLVED, that Chairman of the Legislature is authorized to act on behalf of the County of Schuyler to sign the application, process and complete the above named project, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to sign any contracts or agreements between County of Schuyler and any third party subcontractor necessary to complete the public transportation project, subject to the approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 26 Motion by Karius, Second by Yuhasz. RE: AUTHORIZE SETTLEMENT AGREEMENT AND RELEASE WITH AT&T WHEREAS, AT&T has discovered a system error and the Taxing Authority, Schuyler County, is due the sum of $277.20 for E911 Surcharges. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Settlement Agreement and Release with AT&T for a one-time payment amount of $277.20; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 27 Motion by Gifford, Second by Halpin. RE: AUTHORIZE 2013-2015 CONTRACT RENEWAL WITH NTS DATA SERVICES, LLC – BOARD OF ELECTIONS WHEREAS, the Board of Elections has contracted with NTS Data Services, LLC, for interface between the Statewide Voter Registration database, NYS Voter II and Team system, and WHEREAS, said contact expired December 31, 2012, and WHEREAS, the Board of Elections requires ongoing support for the interface to NYS Voter II maintenance and support, and poll book printing, and WHEREAS, NTS Data Services, LLC has proposed a three year contract renewal with a License Agreement; Software; Software Maintenance; Hotline Support; Application Software Installation and Configuration; and Poll Book Printing Services at a total cost of $46,680. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract renewal with NTS Data Services, LLC for a three year period effective January 1, 2013 through December 31, 2015, at a total cost of $46,680.00, said sum to be paid as follows: $15,560.00 on the 15th day of January, 2013, 2014, 2015, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 28 Motion by Gifford, Second by Halpin. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO RENEW THE ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW WHEREAS, Schuyler County was authorized, by State legislation, to increase sales tax by 1% effective March 1, 2000, and WHEREAS, this authorization needs to be renewed every two years, and the current authorization will expire at the end of 2013, and WHEREAS, the New York State Legislature could authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for another two-year period. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature to adopt special legislation to amend such laws, including the New York State Tax Law, to authorize the Schuyler County Legislature to continue to impose an additional 1% sales tax for the years 2014-2015, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator Thomas F. O’Mara, New York State Assemblyman Philip A. Palmesano and to the Majority and Minority Leaders of the New York State Senate and Assembly. Vote 7-0. RESOLUTION NO. 29 Motion by Field, Second by Halpin. RE: ONE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2013 through December 31, 2013, to wit: ALCOHOL AND SUBSTANCE ABUSE Mike Yuhasz, Legislature Bill Yessman AUDITING COMMITTEE Thomas M. Gifford, Management & Finance Committee Chairman Michael A. Yuhasz, Management & Finance Committee Stewart F. Field, Jr., Management & Finance Committee Philip C. Barnes, Management & Finance Committee BARGAINING UNIT COMMITTEES County Administrator Personnel Officer Committee Chair of Management & Finance CHAMBER OF COMMERCE Dennis A. Fagan, Chairman of the Legislature COMMUNITY HOME HEALTH CARE PROFESSIONAL ADVISORY COUNCIL Dennis Fagan, Chairman of the Legislator Mike Yuhasz, Legislator James Coleman, MD – Medical Director Elizabeth Hayes, RN Marcia Kasprzyk, RN – Director Public Health Ruth Bedient, HHA – Member at Large Patty Secord – Office for the Aging Sarah Mathews – DSS John Bullett, ST – Speech Therapist Michael Sandritter, PT – Physical Therapist Linda Donelson, RN – Falls Home Jagmohan Singh, MD - Schuyler Hospital Patricia Meyers, Quality Assurance Coordinator J. Christopher Burns, Corporate Compliance Officer Rocky Kambo 9 PROCEEDINGS OF THE YEAR 2013
Kim Arnold Paddy Redihan Jill Wendela, Staff Janel Walker, Staff Rowan Schockner, Staff EMERGENCY MEDICAL & HIGHWAY SAFETY Dennis Fagan, Chairman of the Legislature Barbara J. Halpin, Legislator ENVIRONMENTAL MANAGEMENT COMMITTEE Doris Karius, Legislator FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL Glenn Larison, Legislator FIRE SAFETY BOARD Tim Hudson/ Brian Hudson, Beaver Dams Jason Kelly/Curt Connelly, Burdett Al Foote/ Brian Gunning, Mecklenburg Mike Antonio, Monterey Ed Lewis, Monterey Jeff Confer/Jack Burns, Montour Falls Mike Tomassi/ John Jelliff, Odessa Matt Maloney/Al Buckland, Tyrone Mike Hicks/Don Dalrymple, Valois-Logan Hector Dominick Smith /Jud Smith, Watkins Glen Phil Barnes, Legislator INTER-COUNTY ASSOCIATION OF WESTERN NEW YORK Dennis A. Fagan, Chairman of the Legislature Glenn. R. Larison, Legislator Stacy B. Husted, Clerk LOCAL EARLY INTERVENTION COORDINATING COUNCIL Nan Woodworth Shaw, WGCS District Erik Miller, Provider Beverly Clickner, Social Services Jill Wendela, EIM Shelly Rozell Kim Arnold, Parent Kim Hanmore, Parent Amy Mathews Crane, Parent Marcia Kazprzyk, Early Intervention Official, Public Health JoAnn Fratarcangelo, Youth Bureau/Families First Michael Yuhasz, Legislature Kathy Ector, Child Care Council Janeene Thrun, NYS Department of Health Nikole Piper, Provider, OPWDD J. Christopher Burns, Corporate Compliance OFFICE FOR THE AGING ADVISORY COUNCIL Dennis Fagan, Chairman of the Legislature Barbara Halpin, Legislator RSVP ADVISORY COUNCIL Glenn Larison, Legislator SAFETY COMMITTEE Phil Barnes, Public Safety/Criminal Justice Committee Chairman SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT (SCOPED) Dennis Fagan, Chairman of the Legislator YOUTH BOARD Jonathan Chapman, District III Youth Katelin Pierce, Youth Melanie Meighan, Youth SOIL & WATER CONSERVATION BOARD Doris Karius, Legislator Glenn Larison, Legislator SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Dennis Fagan, Chairman of the Legislature Thomas M. Gifford, Legislator YOUTH BOARD Barbara Halpin, Legislator Vote 7-0. RESOLUTION NO. 30 Motion by Field, Second by Halpin. RE: TWO-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2013 through December 31, 2014, to wit: ENVIRONMENTAL MANAGEMENT COUNCIL Jeanne Fudala, Member at Large Ed Gates, Member at Large Kate Bartholomew, Member at Large John Flowers, Member at Large Roxanne Leyes, Village of Odessa Frank Spena, Village of Watkins Glen FISH & WILDLIFE MANAGEMENT BOARD Phil Barnes, Legislator FOREST PRACTICE BOARD Stewart F. Field, Jr., Legislator LAW LIBRARY BOARD OF TRUSTEES Mike Yuhasz, Legislator OFFICE FOR THE AGING ADVISORY COUNCIL Beverley Clickner. Social Services Marge Arcangeli Barbara Berghoff Christopher Sulkey Emily Grimmke Amy Hurd, Lifetime Care Barbara Ketchum, Town of Orange PLANNING COMMISSION Peggy Tomassi, Village of Odessa Chris Russell, Town of Dix Mike Bergen, Town of Hector Kate Bartholomew, Town of Montour James Adesso, Village of Watkins Glen Rita M. Schreiber, Town of Orange Dr. Ben Saks, M.D., Medical Representative Lori Asperschlager, Village of Burdett 11 PROCEEDINGS OF THE YEAR 2013
QUEEN CATHARINE STEERING COMMITTEE Stewart F. Field, Jr., Legislator SOUTHERN TIER CENTRAL REGIONAL PLANNING & DEVELOPMENT BOARD Philip C. Barnes, Legislator Vote 7-0. RESOLUTION NO. 31 Motion by Field, Second by Halpin. RE: THREE-YEAR APPOINTMENTS NON-CALENDAR YEAR BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual to the below board, committee, agency, with the specific terms as noted. WORKFORCE DEVELOPMENT BOARD Troy Preston, Schuyler Hospital – November 1, 2012 – October 31, 2015 Timothy O’Hearn, Schuler County Administrator – November1, 2012 – October 31, 2015 Anne Welliver-Hartsing, Welliver McGuire – November 1, 2010 – October 31, 2013 Vote 7-0. RESOLUTION NO. 32 Motion by Field, Second by Halpin. RE: THREE-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2013 through December 31, 2015, to wit: EMERGENCY MEDICAL AND HIGHWAY SAFETY COMMITTEE Nicholas Dugo Jason Kelly Charles Franzese Bill Kennedy Thomas Struble SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY Carl H. Blowers SCHUYLER COUNTY PARTNERSHIP FOR ECONOMIC DEVELOPMENT Stewart F. Field, Jr., Legislator YOUTH BOARD Father Michael Hartney, District II Sally Daniels, Member at Large Raymond Berry, District I Danielle Bannister. District II Debra MacDonald, Members at Large Vote 7-0. RESOLUTION NO. 33 Motion by Field, Second by Halpin. RE: FOUR-YEAR APPOINTMENTS BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below boards, committees, agencies, for the term January 1, 2013 through December 31, 2016, to wit: ALCOHOL AND SUBSTANCE ABUSE Chris Rosno Matt Hayden Marcia Kasprzyk Brooke Heichel COMMUNITY SERVICES BOARD Edward Lovell Dr. S.N. Ahwar Ahmed Matt Hayden LAMOKA/WANETA LAKES PROTECTION DISTRICT Dennis Fagan, Legislator Dennis Carlson, Town of Wayne Elected Official Cartha Conklin, Town of Tyrone Elected Official MENTAL HEALTH SUBCOMMITTEES Cheryl Pruett, PhD Tamre Waite PEOPLE WITH DEVELOPMENTAL DISABILITIES Nancy St. Julien Nan Woodworth-Shaw Vote 7-0. RESOLUTION NO. 34 Motion by Field, Second by Halpin. RE: FIVE-YEAR APPOINTMENT BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual(s) to the below boards, committees, agencies, for the term of January 1, 2013 through December 31, 2017, to wit: ECONOMIC OPPORTUNITY PROGRAM, INC. JoAnn Fratarcangelo Vote 7-0. RESOLUTION NO. 35 Motion by Field, Second by Halpin. RE: APPOINTMENTS TO BOARDS WITH NO TERMS BE IT RESOLVED, that the following individuals be appointed to the following boards effective January 1, 2013: AGRICULTURE & FARMLAND PROTECTION BOARD Rocky Kambo, Ex-Officio ALCOHOL & SUBSTANCE ABUSE SUBCOMMITTEE Dennis Fagan, Legislator Mike Yuhasz, Legislator COMMUNITY HOME CARE PROFESSIONAL ADVISORY COMMITTEE Mike Yuhasz, Legislator COMMUNITY SERVICE BOARD Phil Barnes, Legislator HEALTH INSURANCE REVIEW COMMITTEE Stewart F. Field, Jr., Legislator LOCAL EARLY INTERVENTION COORDINATING COUNCIL Mike Yuhasz, Legislator SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – SCIDA Rocky Kambo, Ex-Officio PEOPLE WITH DEVELOPMENT DISABILITIES SUBCOMMITTEE Dennis Fagan, Legislator Phil Barnes, Legislator Mike Yuhasz, Legislator Vote 7-0. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: None. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the Steering Committee has agreed to pursue the possibility of combining the three area schools. All Schools are on board, some with a difference of opinion, which is to be expected. This will be on the agenda for the upcoming Council of Governments Meeting next week. He feels there is progress being made and being investigated. PUBLIC PARTICIPATION: 13 PROCEEDINGS OF THE YEAR 2013
Mr. Mark Rondinaro asked if the topic of making the Treasurer position into a Comptroller position was going to be considered again. If so, would the Legislature consider placing qualifications on the position versus a Comptroller position as Mr. Bill Elkins had suggested during the Public Hearing last year. Chairman Fagan explained that there had not yet been any extensive discussion on this presently. It would be discussed at the committee level to start with. He then asked Attorney Geoff Rossi to look into this suggestion. Mr. Hurley asked about the status of the Walmart and US Salt assessment values. Administrator O’Hearn replied that the taxing judicial districts are willing to stand behind them as fair, and the County is willing to defend them. Administrator O’Hearn requested a motion to go into executive discussion to discuss an employees work history and negotiations. MOTION by Legislator Gifford to go into executive session for the above, SECOND by Legislator Field. Motion carried seven ayes to zero noes. MOTION by Legislator Gifford to come out of executive session, SECOND by Legislator Field. Motion carried seven ayes to zero noes. The Meeting adjourned at 7:18 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk
REGULAR MEETING FEBRUARY 11, 2013
The February 11, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Alan Hurley, from the Town of Tyrone, was present and asked a number of questions regarding most of the Resolutions we had on our agenda. All of his questions were answered by Chairman Fagan or the County Administrator. Chairman Fagan requested the County Attorney Geoffrey Rossi explain to Mr. Hurley again why we are not allowed to add qualifications to the Elected Treasurer Position instead of making the position appointed by the Board. Attorney Rossi complied. RESOLUTION NO. 36 Motion by Gifford, Second by Halpin. RE: APPROVE MINUTES OF THE JANUARY 8, 2013 ORGANIZATIONAL MEETING AND THE JANUARY 14, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the January 8, 2013 Organizational Meeting and the January 14, 2013 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 37 Motion by Barnes, Second by Halpin. RE: AUTHORIZE LEASE AGREEMENT WITH FORD MOTOR CREDIT COMPANY FOR TWO NEW VEHICLES – SHERIFF’S OFFICE WHEREAS, money has been appropriated to lease two new vehicles for the Sheriff’s Office, and WHEREAS, such lease has been obtainable through the State bidding procedure. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a three-year lease agreement with Ford Motor Credit Company for the Sheriff’s Department for two (2) 2013 Ford Police Interceptors, through the State leasing procedure in the total amount of $18,011.63 annually, funding available in each budget year account no. 3110.204 for $12,286.63 and account no. 3315.0204 for $4,000.00; and emergency lighting and equipment of $1,725.00 annually, funding available in each budget year account no. 3110.0444; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 38 Motion by Barnes, Second by Halpin. RE: AUTHORIZE AMENDING THE 2013 BUDGET FOR THE COUNTY-WIDE COMPREHENSIVE PLAN – PLANNING DEPARTMENT WHEREAS, Resolution No. 229-12 authorized hiring a consultant through the Planning Department for a County-Wide Comprehensive Plan, and WHEREAS, the Planning function is no longer contracted through Cornell Cooperative Extension therefore the contributions from each Towns and Village will now be coming to the County requiring the 2013 budget to be amended to reflect this. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2013 Planning Department budget, as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$30,200 8020.359 Comprehensive Plan +$30,200 8020.1289 Revenue Vote 7-0. RESOLUTION NO. 39 Motion by Barnes, Second by Halpin. RE: AUTHORIZE GRANT APPLICATION FOR SCHUYLER COUNTY UNITED WAY FOR THE FAMILY PLAY & RESOURCE CENTER – YOUTH BUREAU WHEREAS, the Youth Bureau is the umbrella department for the Family Play and Resource Center program, and WHEREAS, funding is needed for continued program development, oversight and maintenance, and WHEREAS, the Schuyler County Youth Bureau act as the fiscal agent for the program, and there is no local match required. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the Family Play & Resource Center and any subsequent contracts; subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 40 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT FOR USE OF THE FAMILY PLAY AND RESOURCE CENTER FOR SUPERVISED VISITATIONS DURING NON OPERATING HOURS WITH CATHOLIC CHARITIES – YOUTH BUREAU WHEREAS, the Youth Bureau oversees the Family Play and Resource Center program, and WHEREAS, there is a need in Schuyler County for supervised visitations in an appropriate place for children and parents, and WHEREAS, Catholic Charities of Schuyler County is looking to fill this need through an agreement with the YWCA of Chemung County, and WHEREAS, the Family Play and Resource Center is not open for use on Mondays. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned contract for the use of the Family Play & Resource Center for supervised visitation for a term of January 1, 2013 through December 31, 2013; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 41 Motion by Halpin. Second by Field. RE: AUTHORIZE 2013 CONTRACT AMENDMENT WITH GTL, INC. DBA LINK-TO-LIFE FOR ADDITIONAL PERSONAL EMERGENCY RESPONSE SYSTEM SERVICES – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging (OFA) has an agreement in place for services with GTL, Inc. dba Link-to-Life, and WHEREAS, the services provided include Personal Emergency Response Systems (PERS) hooked to land line telephones for frail, vulnerable seniors for $26.00 per month, and WHEREAS, the OFA is now encountering situations where seniors in need of a PERS unit have only a cell phone, and WHEREAS, the current provider can accommodate PERS units with cell phones for $34.00 per month, and 15 PROCEEDINGS OF THE YEAR 2013
WHEREAS, other providers contacted cannot provide this service or have a higher rate for service. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign this contract addendum with GTL, Inc. dba Link-to-Life for the provision of additional PERS units to include cell phones through the OFA account no. 6772.0490 for the term of March 1, 2013 through March 31, 2013, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 42 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH GTL, INC. DBA LINK-TO-LIFE FOR PERSONAL EMERGENCY RESPONSE SYSTEM SERVICES – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging (OFA) can offer Personal Emergency Response System (PERS) services to individuals through the EISEP and Caregiver programs, and WHEREAS, the personal emergency response system is electronic communication equipment that signals a monitoring agency for help via telephone lines and cell phone towers, and WHEREAS, this service is available to individuals characterized as being medically stable but chronically ill, functionally impaired, disabled, living alone, and/or at risk of a medical emergency such as falls, and WHEREAS, the OFA has a need for an agreement with a provider for said service, and WHEREAS, the OFA has utilized GTL, Inc. dba Link-to- Life and found them to have the best pricing with all the needed services, and WHEREAS, the OFA has funding for this service through the EISEP and Caregiver budgets. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with GTL, Inc. dba Link-to-Life for the provision of PERS units through the OFA account no. 6772.0490 for the term of April 1, 2013 through March 31, 2014, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 43 Motion by Karius, Second by Halpin. RE: AUTHORIZE AMENDMENT TO THE 2013 CONTRACT WITH TENELEVEN GROUP, INC. TO ALLOW PAYMENT OF ADDITIONAL EXPENSES AND AUTHORIZE AMENDING THE 2013 BUDGET - COMMUNITY SERVICES WHEREAS, the Community Services has implemented an Electronic Clinical Record system purchased from the TenEleven Group, Inc., and WHEREAS, Community Services is required to provide reports to comply with New York State Office of Mental Health requirements, and WHEREAS, TenEleven Group, Inc., can provide the software to allow such compliance at a cost not to exceed $21,000, including expenses at the approved County rates. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amendment to the 2013 contract with TenEleven Group, Inc., to allow payment of the upgrades, and BE IT FURTHER RESOLVED, that the Legislature hereby authorizes the Treasurer to amend the 2013 Community Services Budget as follows: ACCOUNT NO. DESCRIPTION AMOUNT 4310.4490 Revenue (FSS) + $21,000 4310.435 Professional Fees + $21,000 Vote 7-0. RESOLUTION NO. 44 Motion by Karius, Second by Halpin. RE: AUTHORIZE CONTRACT WITH BONITA DAVIS REGISTERED DIETITIAN FOR THE PRESCHOOL PROGRAM – PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Department is required to provide Preschool Services for children, and WHEREAS, Bonita Davis is willing and available to provide Nutritional Services, for the rate of $65.00 a half hour session. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Bonita Davis for Preschool Services, effective March 1, 2013 through June 30, 2014, to be renewed annually, on a yearly basis, funds available in the Public Health budget, account no. 4054.490, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 45 Motion by Karius, Second by Halpin. RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES AND EARLY INTERVENTION FROM JULY 1, 2013 – JUNE 30, 2014 – PUBLIC HEALTH WHEREAS, Schuyler County must provide transportation to Preschool Children with Disabilities and Early Intervention Programs. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Public Health be hereby authorized to advertise for bids for the Transportation of Preschool Children with Disabilities and Early Intervention Program from July 1, 2013 through June 30, 2014, and BE IT FURTHER RESOLVED, that bids are to be marked “Sealed Bid” and received by the Clerk of the Legislature at the County Office Building, 105 Ninth Street, Unit 6, Watkins Glen, New York 14891 no later than 9:15 a.m. on Wednesday, April 10, 2013. The bids will be opened that same day in the Legislative Office at 9:20 a.m., at which time recommendations for legislative action will be made; acceptance or rejection of bids will be done at the Monday May 13, 2013 Regular Meeting of the Schuyler County Legislature; the County of Schuyler reserves the right to accept or reject any and all bids. Vote 7-0. RESOLUTION NO. 46 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH STATE UNIVERSITY OF NEW YORK ON BEHALF OF SUNY EMPIRE COLLEGE – PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Department administers Public Health Programs, and WHEREAS, SUNY Empire State College has Registered Nurses (RN’s) working for their Bachelor’s Degrees, needing Public Health experience, and WHEREAS, the Schuyler County Public Health Staff is willing and qualified in providing this experience, and WHEREAS, there is no County cost to provide this student experience. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with State University of New York on behalf of SUNY Empire State College, effective July 1, 2013 through June 30, 2014, to be renewed on a yearly basis; subject to the approval of the Schuyler County Attorney. Vote 7-0 RESOLUTION NO. 47 Motion by Halpin, Second by Field. RE: ADOPT REVISED FEE SCHEDULE FOR WATERSHED PROTECTION AGENCY - PUBLIC HEALTH WHEREAS, it has been deemed appropriate by the Schuyler County Public Health Committee to set fees for certain services performed by the Watershed Protection Agency, as follows: 1. Septic system permits – New Construction $300.00* 2. Septic system permits – Conversion $300.00* 3. Septic system permits – Complete Replacement $250.00* 4. Septic system permits – Submitted Plans $300.00* 5. Septic system permits – Septic tank up grade $100.00 6. Septic system permits – partial repair/expansion $200.00 7. Septic system permits – renewals or transfer $100.00 8. Septic system permits – holding tank / vault privy $100.00 9. Site evaluation per lot for new construction septic system $200.00 10. Site evaluation for conversion, expansion or modification septic system $100.00 11. Site evaluation for replacement septic system $50.00 17 PROCEEDINGS OF THE YEAR 2013
12. Property transfer or refinancing septic evaluation $195.00 13. Property transfer or refinancing septic evaluation – failed system $100.00 14. Property transfer or refinancing – water supply flow test $100.00 15. Property transfer or refinancing – water supply flow test and water analysis $100.00 16. Engineer review and approval $200.00 17. Septic tank locating - probe, detector or transmitter $75.00-$100.00 18. Collection fee per collected sample plus analysis $25.00* 19. Processing fee per collected sample >1 plus analysis $5.00 20. Handling fee per non collected sample plus analysis $20.00* 21. Processing fee per non collected sample >1 plus analysis $4.00 22. Radon in air test $75.00 23. Field consultation per 1/2 hour $50.00 24. Non inspection visit (No Show) $50.00 25. Flood statement affidavit $25.00 26. Well site approval for new construction $100.00 27. Well site approval for replacement wells (includes one bacteriological sample) $100.00 28. Certificate of Compliance $50.00 29. Property Determination Report $50.00 30. Miscellaneous Products – DPD Chlorine Test Kits $100.00 31. Miscellaneous Products – DPD Chlorine Pouch (100 per pack) $50.00 *indicates a rate change NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Watershed Protection Law, Local Law No. 3 of the Year 1994, allows the Agency to waive the collection of a portion of the established fee for intergovernmental agencies, indigent persons or doctors request due to illness, and such waivers shall follow the Schuyler County Public Health and Community Services “Sliding Fee Scale” protocol, and BE IT FURTHER RESOLVED, that the Agency is also allowed to reduce the sample collection, processing and/or handling fee for sampling services as a result of multiple visits, with justification on written record. Vote 7-0. RESOLUTION NO. 48 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDMENT TO 2012-13 IMMUNIZATION GRANT CONTRACT – PUBLIC HEALTH WHEREAS, Schuyler County Public Health currently has a Immunization grant contract with the New York State Department of Health, and WHEREAS, we are offered a Cost of Living award (COLA) in the amount of $2,406 for staff recruitment and retention and/or other critical non-personal services through this grant. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2012-13 Immunization grant contract with New York State Department of Health in the amount of $2,406, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 49 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDMENT TO 2012-13 CHILDREN WITH SPECIAL HEALTH CARE NEEDS (CSHCN) GRANT CONTRACT – PUBLIC HEALTH WHEREAS, Schuyler County Public Health currently has a CSHCNs grant contract with New York State Department of Health, and WHEREAS, we are offered a Cost of Living award (COLA) in the amount of $1,296 for staff recruitment and retention and/or other critical non-personal services thru this grant. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2012-13 CSHCN grant contract with the New York State Department of Health in the amount of $1,296, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 50 Motion by Halpin, Second by Field. RE: AUTHORIZE THE CREATION AND FILLING OF A SENIOR REGISTERED PROFESSIONAL NURSE POSITION – PUBLIC HEALTH WHEREAS, Public Health has been unable to recruit a Public Health Nurse position, and WHEREAS, the Public Health Director is requesting that a Senior Registered Professional Nurse Position be created and filled, and WHEREAS, the Public Health Nurse position will not be filled, and WHEREAS, funding for this position is included in the 2013 budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Public Health Director is hereby authorized to create and fill a Senior Registered Professional Nurse position at an hourly rate of $23.63, to be placed in grade level 12, as set forth in the CSEA Administrative Unit contract effective immediately. Vote 7-0. RESOLUTION NO. 51 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDMENT TO 2012-13 LEAD GRANT CONTRACT – PUBLIC HEALTH WHEREAS, Schuyler County Public Health currently has a Lead grant with the New York State Department of Health, and WHEREAS, we are offered a Cost of Living award (COLA) in the amount of $1,657 for staff recruitment and retention and/or other critical non-personal services through this grant. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2012-13 Lead grant contract with the New York State Department of Health in the amount of $1,657, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 52 Motion by Larison, Second by Halpin. RE: ASSIGN DUTIES OF YOUTH BUREAU DIRECTOR TO COMMISSIONER OF SOCIAL SERVICES POSITION/AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN WHEREAS, as a cost savings initiative the County Administrator recommended at budget time that the Legislature consolidate the Youth Bureau Department with the Department of Social Services in 2013, and WHEREAS, the merging of these departments is going to add the Youth Bureau Director duties to the Commissioner of Social Services position, and WHEREAS, the Personnel Officer has conducted a factor rating of the Commissioner of Social Services position, as revised, and recommends the following changes: I Accountability 90 II Complexity of Duties 120 III Experience and Knowledge 100 IV External Contacts 60 V Independent Judgment 125 VI Internal Contacts 60 VII Impact on Programs Administration 75 VIII Interpersonal Skills 80 IX Supervision Exercised 150 TOTAL 860 Grade J NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the above factor rating change of the Commissioner of Social Services effective March 18, 2013. Vote 7-0. RESOLUTION NO. 53 Motion by Larison, Second by Halpin. RE: AUTHORIZE APPOINTMENT OF THE COMMISSIONER OF SOCIAL SERVICES AND SET SALARY BE IT RESOLVED, that the Schuyler County Legislature hereby appoints JoAnn Fratarcangelo as the Commissioner of Social Services effective March 18, 2013 through March 17, 2018, at an annual salary of $75,000, Grade J in the Management/Confidential Salary Plan. 19 PROCEEDINGS OF THE YEAR 2013
DISCUSSION: Legislator Halpin stated that as a result of this new Commissioner appointment, the Deputy Commissioner has decided to delay her retirement. Legislator Barnes stated that everyone here knows his feelings about the process that was used in filling this position. This candidate deserves the full support of the Legislature and he is in favor of the appointment. However, he feels they must provide to her the resources and the funding she needs to do her job. She will be handling the largest department in the County. Fraud in the past has been ignored and now must become a priority. Vote 7-0. RESOLUTION NO. 54 Motion by Larison, Second by Halpin. RE: AUTHORIZE CHANGE ORDER #1 WITH BINGHAMTON ROAD ELECTRIC, LLC FOR THE SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES CONTRACT– BUILDINGS AND GROUNDS WHEREAS, Resolution No. 175-12 authorized a contract with Binghamton Road Electric, LLC, for Upgrades to Existing Facilities at the Seneca Harbor Park, and WHEREAS, it is the recommendation of the Building Maintenance Supervisor and agreed between Binghamton Road Electric, LLC and Schuyler County, that county forces would do the removal of existing demolition items, and WHEREAS, Change Order #1 proposes the following: a. Add additional for work on service panel at a cost of $122.18. b. Delete the demolition and removal of six (6) wood utility light poles and associated components and one (1) vintage traffic signal light fixture, pole, pole base and associated components ($1,400) at a total credit of ($1,277.82), and WHEREAS, the Building Maintenance Supervisor has reviewed the referenced changes and recommends authorization thereof as follows: Original Contract Amount $102,265.00 Amount Contract will decrease by Change Order #1 -$ 1,277.82 New Total Contract Amount $100,987.18 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign Change Order #1 proposal at a total credit of ($1,277.82) with Binghamton Road Electric, LLC, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 55 Motion by Larison, Second by Field. RE: AUTHORIZE RENEWAL OF LEASE AGREEMENT WITH ELMIRA PSYCHIATRIC CENTER - BUILDINGS AND GROUNDS WHEREAS, the Dormitory Authority of the State of New York and the Office of Mental Health - Elmira Psychiatric Center – Mid Lakes Act is currently leasing space at 105 Ninth Street, Watkins Glen, and WHEREAS, Elmira Psychiatric Center is interested in renewing this lease for 5 additional years at an increase of $249.55 per month, total annual lease in the amount of $22,958.60. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a five-year lease from March 1, 2013 to February 28, 2018 with the Dormitory Authority of the State of New York and the Office of Mental Health for Elmira Psychiatric Center – Mid Lakes Act, for use of 1,610 square feet at $14.26 per square foot at 105 Ninth Street, Watkins Glen, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 56 Motion by Larison, Second by Field. RE: AUTHORIZE AMENDING CONTRACT WITH HUNT ENGINEERS, ARCHITECTS & SURVEYORS FOR SENECA HARBOR PARK UPGRADES TO EXISTING FACILITIES – BUILDINGS AND GROUNDS WHEREAS, Resolution No. 57-08 authorized a contract with Hunt Engineers Architects & Surveyors for design work to develop the northern end of the Catharine Valley Trail into Seneca Harbor Park as well as working with the Finger Lakes Rail Road for use of a right-of-way, and WHEREAS, on August 24, 2010 the Public Works Committee approved by Motion to edit the scope of the contract with Hunt Engineers Architects & Surveyors from the Catharine Valley Trail project to Seneca Harbor Park Upgrades to Existing Facilities, with no change in contract amount, and WHEREAS, Hunt Engineers Architects & Surveyors provided additional design and construction administration services for the additional lighting and master layout for the Upgrades to Existing Facilities at the Seneca Harbor Park, and WHEREAS, the Public Works Committee, upon the recommendation of the Building Maintenance Supervisor, approved the following increase in the contract sum to cover these additional services: Original Contract Amount: $15,000.00 Amount increased per amended agreement: $ 1,676.75 New Total Contract Amount: $16,676.75 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign an amended agreement with Hunt Engineers Architects & Surveyors for Design Development, Bidding and Construction Services for Seneca Harbor Park Upgrades to Existing Facilities with an increase of $1, 676.75 for a total contract sum not to exceed $16,676.75, funds available in capital account no. 004.1620.209; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 57 Motion by Larison, Second by Field. RE: AUTHORIZE AN INTER-MUNICIPAL AGREEMENT WITH STEUBEN COUNTY – HIGHWAY DEPARTMENT WHEREAS, Steuben County currently possesses the necessary equipment to perform pavement grinding to its respective highways, streets, and roadways, and WHEREAS, Schuyler County wishes to enter into an agreement for the use of said equipment, and WHEREAS, the parties are desirous of entering into the agreement for the purpose of sharing the use and operation of the pavement grinding equipment, and to participate with each other in the recognition of the attendant savings achieved thereby. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature is hereby authorized to sign the Inter-municipal Agreement with Steuben County for the Highway Department for the term of 1 year, effective upon signing through December 31, 2013; contract subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to the Steuben County Commissioner of Public Works. DISCUSSION: Legislator Gifford stated that he would like to see at least two or three more inter-municipal agreements on each Legislative Meeting Agenda going forward this year. We need to have more consolidation of services that ultimately end in cost savings. Vote 7-0. RESOLUTION NO. 58 Motion by Barnes, Second by Field. RE: ADOPT PERMIT FOR DRIVEWAY INSTALLATION AND REPLACEMENT POLICY – HIGHWAY DEPARTMENT WHEREAS, the Schuyler County Highway Department has been installing driveway pipe, and WHREREAS, the Highway Superintendent recommends that a policy be establish for consistency purposes and to standardize the procedures for the installation and replacement of driveway pipes and driveways that intersect with Schuyler County roads. NOW, THEREFORE, BE IT RESOLVED, that as of March 1, 2013, all residents seeking new driveways or a replacement pipe for existing driveway, unless damaged by Highway equipment, be required to complete a driveway installation and replacement permit, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby adopts the Highway Department Permit for Driveway Installation and Replacement Policy, on file in the Highway Department and the Legislative Office. 21 PROCEEDINGS OF THE YEAR 2013
Vote 7-0. RESOLUTION NO. 59 Motion by Barnes, Second by Field. RE: ADOPT TREE AND SHRUB REMOVAL IN HIGHWAY RIGHT-OF-WAY (ROW) POLICY – HIGHWAY DEPARTMENT WHEREAS, the Schuyler County Highway Department needs to have a policy in place with regards to trees and shrubs in Highway Right-of–Ways (ROW), and WHEREAS, the policy will go into effective immediately. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Highway Department Tree and Shrub Removal Policy, on file in the Highway Department and in the Legislative Office. Vote 7-0. RESOLUTION NO. 60 Motion by Barnes. Second by Field. RE: DISCONTINUE USE OF PETTY CASH – HIGHWAY DEPARTMENT WHEREAS, the Highway Department has One Hundred dollars ($100.00) in their Petty Cash fund, and WHEREAS, the Highway Department does not have a need for a petty cash fund any longer. NOW, THEREFORE, BE IT RESOLVED, that the One Hundred dollars ($100.00) in the petty cash fund for the Highway Department is herby discontinued and said funds be returned to the Schuyler County Treasurer. Vote 7-0. WITHDRAWN RE: AUTHORIZE BAN FOR HIGHWAY PROJECTS/EQUIPMENT FOR 2013 IN THE AMOUNT UP TO $1.69 MILLION DOLLARS – HIGHWAY DEPARTMENT – WITHDRAWN RESOLUTION NO. 61 Motion by Barnes, Second by Halpin. RE: AUTHORIZE AN AGREEMENT WITH BONADIO & CO., LLP FOR MEDICAID ELIGIBILITY REVIEWS – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services desires to conduct Eligibility Reviews relating to self-employed individuals applying for Medicaid based benefits, and WHEREAS, the Department is of the belief that such reviews will dramatically reduce fraudulent and erroneous processing of claims, thereby reducing the expenditure of public funds towards those not entitled to benefits, and WHEREAS, Bonadio & Co., LLP is an accounting and business consulting firm with significant experience in the auditing of public benefit programs and is duly licensed to practice in the State of New York, and WHEREAS, it is economically and organizationally feasible for the Department of Social Services to contract with Bonadio & Co., LLP for the performance of audit and accounting services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement with Bonadio & Co., LLP to perform Eligibility Reviews for the Department of Social Services at an hourly rate of $150.00 per hour not to exceed $14,000 annually, for a term of April 1, 2013 through March 31, 2014, funding available in budget account no. 6010.435-Professional Fees and Services; subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 62 Motion by Barnes, Second by Halpin. RE: AUTHORIZE MAINTENANCE AGREEMENT WITH EASTERN COPY FOR SEVEN (7) PURCHASED COPIERS IN VARIOUS DEPARTMENTS – PURCHASING DEPARTMENT WHEREAS, the County currently has seven (7) purchased copiers that will need continued coverage under a Maintenance Agreement, and WHEREAS Eastern Copy Products has agreed to issue a maintenance contract for these copiers at a yearly cost of $1,310.40 with a term of March 1, 2013 through February 28, 2014. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a maintenance agreement with Eastern Copier Products, with said terms listed above, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 63 Motion by Barnes, Second by Halpin. RE: AUTHORIZATION TO DECLARE TRANSIT BUS SURPLUS – PURCHASING (TRANSPORTATION) WHEREAS, the County purchased a Transit Bus from the Arc of Schuyler, per Resolution No. 267-10, and now wishes to dispose of said Transit Bus #8 that is no longer in service. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following asset surplus, and BE IT FURTHER RESOLVED, that the following item is to be sold, with the proceeds applied towards 10% local share of options/graphics for a new transit bus per Resolution No. 231-12. Asset # Description Serial/VIN # Department 6808 2002 Ford Transit Bus 1FDXE45SX2HA47764 5630-Transportation Vote 7-0. RESOLUTION NO. 64 Motion by Barnes. Second by Larison. RE: LOCAL LAW INTRO. NO. 1 OF THE YEAR 2013 ABOLISHING THE ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF DIRECTOR OF FINANCE FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION WHEREAS, it is the desire of the Schuyler County Legislature, in its continuing efforts to upgrade the administration of County government, to provide for a more effective management of the fiscal responsibilities of the County of Schuyler. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 1 of the year 2013 be, and hereby is, introduced in the form hereto annexed 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 11, 2013 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO NO. 1 OF THE YEAR 2013 A Local Law abolishing the Elected Office of County Treasurer and Creating an Appointive Office of Director of Finance for the County of Schuyler and Causing a Proposition to be submitted to the electorate at the next general election. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. Legislative Intent A. The County of Schuyler is being increasingly required to administer various programs which are either unfunded or not adequately funded by the State and Federal governments. Such mandates, together with the revenue constraints of the County, require the best financial administration possible. B. It is the desire of the Schuyler County Legislature, in its continuing efforts to upgrade the administration of County government, to ensure to the effective management of the fiscal responsibilities of the County of Schuyler. C. The Schuyler County Legislature finds that, through a more efficient administration of the various fiscal affairs of Schuyler County, the County Legislature will be able to provide for better direction, control and coordination of Schuyler County governmental finances. Further, the timely reporting of the County’s fiscal position, statements of expenses and revenues, and cash flow will provide for improved day-to-day handling and management of the County’s fiscal affairs. D. It is the intention of the Schuyler County Legislature, through the enactment hereof; to provide for professional qualifications and professional background required of its Chief Fiscal Officer. E. It is the further intent of the Schuyler County Legislature, though the enactment hereof, to provide for the creation and appointment of a Director of Finance as the County’s professional Chief Fiscal Officer, having the professional qualifications, education and experience necessary for the position; and abolishing the elective Office of County Treasurer. By a mandatory referendum in accordance with the County Law, Section 575 and 23 PROCEEDINGS OF THE YEAR 2013
Municipal Home Rule Law, Section 10, it is the intent to change from an elective County Treasurer to an appointive Director of Finance after a referendum conducted in all respects under the provision of Municipal Home Rule Law, Section 23. F. It is not the purpose or intent of the Schuyler County Legislature in the adoption of this local law to curtail, diminish, transfer or divest the Schuyler County Legislature of any of its functions, powers or duties. SECTION 2. Abolishing the elective Office of County Treasurer. The elected position of County Treasurer as provided in Section 400, subparagraph I of the County Law is abolished effective December 31, 2013. SECTION 3. Creating the appointive Office of Director of Finance Effective January 1, 2014, there shall be a Department of Finance headed by the Director of Finance, who shall be appointed on the basis of his or her professional, educational, and administrative qualification; the Director of Finance shall be appointed by the County Legislature pursuant to standard policy regarding appointment of department heads. SECTION 4. Appointment, Distinguishing Features of the Office, Term of Office A. There shall be an appointed Director of Finance who shall be directly responsible to the County Legislature, through the County Administrator and the Management and Finance Committee, and on behalf of Schuyler County, shall perform the functions of Chief Fiscal Officer, with the Schuyler County Legislature retaining the final administrative authority. The position of Director of Finance shall be classified by Civil Service. B. The work involves the responsibility for fiscal management activities and carries authority as the Chief Fiscal Officer. The Director of Finance has all of the powers and performs all of the duties of a Chief Accounting Officer of Schuyler County. The work involves responsibility for directing and maintaining the financial records of the County in the manner prescribed by the New York State Department of Audit and Control, as well as, insuring these record keeping activities are carried out in accordance with all applicable laws and regulations governing local government. C. The Director of Finance shall exercise direct supervision over the fiscal operations of County departments and agencies. Typical work activities shall include but not be limited to: (1). Maintains custody of all Schuyler County funds, manages all investments and maintains all financial records and accounts of all units of County government charged with duties relating to funds of the County; (2). Provides and keeps a record keeping system showing all appropriations, funds and expenditures, together with the name of the claimant and amounts; (3). Keeps a separate account of each County department and special funds; (i.e. Court, Trust and Agency, etc.) (4). Conducts the sale of bonds and notes and keeps a record of all bonded indebtedness and other loans; (5). Collects and Remits various local and State taxes; (6). Reconciles bank statements; (7). Submits statement of County finance to the Schuyler County Legislature and County Administrator in a timely fashion at least monthly or as otherwise requested or directed; (8). Prescribes approved methods and forms for financial accounting and record keeping and provides oversight of all County offices; (9). Certifies the availability of funds for all contracts, purchase orders and other financial obligations incurred by the County; (10). Provides for a system of encumbrances, and maintains records; (11). Prepares Department of Finance’s proposed annual budget; (12). Advises Schuyler County Legislature on fiscal matters; (13). Reviews and approves State and Federal aid claims; (14) Assists in the preparation of the independent audit, participating in the timely review of the results of said audit and the preparation of the corrective action plan with the Management and Finance Committee, and reports progress on corrective action to the Management and Finance Committee through to completion of corrective actions. D. Full Performance Knowledge, Skills, Abilities and Personal Characteristics; (1). Thorough knowledge of the principles and practices of modem public fiscal administration, including internal auditing, account and fiscal management; (2). Good knowledge of the practices and principles of supervision; (3). General knowledge of purchasing procedures; working knowledge of state finance laws; working knowledge of bond markets; (4). Ability to plan and supervise the work of others; (5). Ability to establish and maintain satisfactory working relationship with others; (6). Ability to follow and understand complex oral and ‘written instruction; (7). Ability to issue complex oral and written instructions; (8). Initiative; integrity; resourcefulness, good judgment; (9). Physical condition commensurate with the demands of the position. E. The appointment of the Director of Finance shall commence on January 1, 2014 and shall expire on December 31, 2015. Subsequent terms of office shall be for four (4) years. SECTION 5. Qualifications A. At the time of appointment, the Director of Finance shall have the following training and/or experience: (1). Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Master’s Degree in Accounting, Public Administration or Business Administration or a related field, which must have included or been supplemented by at least twelve credits in accounting AND four (4) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (2). Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Bachelor’s Degree in Accounting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accounting AND six (6) years of paid full- time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (3) Graduation from the regionally accredited college or university, or one accredited by the New York State Board of Regents to grant two year degrees, with an Associate’s Degree in Accounting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accounting AND eight (8) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (4). Ten (10) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (5). An equivalent combination of training and experience as defined by the limits of 1, 2, 3 and 4 above. The Director of Finance shall be appointed on the basis of these and such other qualifications as may be required for the responsibilities of the Office. B. The appointee’s domicile need not be in Schuyler County at the time of appointment but shall become so within ninety (90) days of the appointment and remain so during his or her term of office. Failure to be domiciled or to remain so in Schuyler County as stated herein shall be cause for dismissal by the Schuyler County Legislature without other or further notice. SECTION 6. Salary The Director of Finance shall receive an annual salary to be fixed by the Schuyler County Legislature. SECTION 7. Powers and Duties A. Without curtailing, diminishing or transferring the powers of any elected or appointed County official, the Director of Finance shall be responsible for the overall administration of the County government finances. B. The Director of Finance shall perform all the duties now and hereafter conferred or imposed upon the Office by law and directed by the County Legislature and shall have all the powers and perform all the duties necessarily implied or incidental thereto. Among such powers and duties, but not by way of limitation, are the following: 25 PROCEEDINGS OF THE YEAR 2013
(1). have general superintendence over the fiscal affairs of the County. (2). keep books and records at the expense of the County showing all appropriations, funds and expenditures together with the name of the claimant and the amounts and nature thereof; (3). keep a separate account for each County officer or department and special funds; (4). keep a record of all bonded indebtedness and other loans and conduct the sale of all bonds pursuant to the provisions of the local finance law; (5). procure bank statements from depositaries of County funds at least once a month and reconcile them with the books and records; (6). at least annually review all books and records, vouchers and other papers pertaining to the money, funds and property of the County and render a report thereon to the Schuyler County Legislature as to whether proper books and records have been kept and all moneys and property of the County accounted for; (7). cause to be printed within thirty (30) days after the close of the fiscal year for distribution to the Schuyler County Legislature, County officers and the public, a verified statement in summary form showing the receipts of money from all sources, the expenditures and balances by funds, and bonded indebtedness together with the terms of payment and the balance unpaid and such other information as may be deemed proper or directed by the Schuyler County Legislature. (8). perform such additional and related duties as may be prescribed by law or directed by the Schuyler County Legislature. C. The Director of Finance shall, before he or she enters upon the duties of his or her Office, take the constitutional Oath of Office and execute to the County and file an official undertaking as provided in Section Eleven of the Public Officers Law. D. The Director of Finance within ten days after entering upon the duties of his or her Office shall appoint a Deputy Director of Finance meeting the minimum qualifications established by Civil Service. Such appointment shall be in writing under his or her hand and seal and be filed and recorded in the office of the County Clerk. He or she shall perform such duties as may be assigned by the Director of Finance, and during the temporary absence of the Director of Finance he or she shall act as the Director of Finance. SECTION 8. Acting Director of Finance In the event of a vacancy in the Office of Director of Finance or inability of the incumbent to perform and exercise the powers and duties of the Office of Director of Finance, the Deputy Director of Finance may continue to act as Director of Finance or another qualified County Officer may be appointed Acting Director of Finance by the Schuyler County Legislature provided there is no incompatibility of office under the law. SECTION 9. No Divestiture of Powers And Duties of Legislature Nothing contained in this local law shall operate or be construed to divest the Schuyler County Legislature of any of its functions, powers and duties. SECTION 10. Severability of Provisions If any clause, sentence, paragraph, subdivision, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree, or order shall not affect, impair of invalidate the remainder thereof, but shall be confirmed in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order have been rendered. SECTION 11. Construction of Local Law A. This law shall be liberally construed to effectuate the purposes thereof and to provide an appointive chief fiscal officer in compliance with the requirements of law. B. It is intended that through this law all duties associated with the elective Office of County Treasurer be transferred to the appointive Office of Director of Finance. SECTION 12. Conflict With Previous Local Laws and Resolutions In the event of a conflict or inconsistency between this local law and any previous local laws or resolution of the County Legislature, this local law shall govern. SECTION 13. Referendum A. The local law shall be placed on the ballot for the election to be held on November 5, 2013. B. The form of the proposition shall be as follows: “Shall the elective Office of County Treasurer be abolished and the appointive Office of Director of Finance be created in Schuyler County as approved by the Schuyler County Legislature in Local Law No. , 2013” SECTION 14. Effective Date A. This local law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully; and B. This local law shall take effect when it has been duly filed in the Office of the Secretary of State and as provided by this local law. DISCUSSION: Legislator Halpin stated that she certainly understands and we all need to be wary of Government. However, personally after working with the past two elected Treasurers, we need to do this for fiscal accountability. We must have improvements in this department. This needs to be put to the voters. She feels it is appropriate. Administrator O’Hearn stated, for the record, that he wanted it known that this suggestion was brought forward and introduced by the current elected Treasurer, not the Legislature. Legislator Gifford stated that any person that had concerns of changing this position to be appointed needs to read the Auditors reports on the web page. Chairman Fagan stated they could read the last six years worth and find the same statements. Vote 7-0. RESOLUTION NO. 65 Motion by Barnes, Second by Larison. RE: AUTHORIZE A CONTRACT WITH ORRICK, HERRINGTON & SUTCLIFFE, LLP FOR BOND COUNSEL SERVICES – TREASURER’S OFFICE WHEREAS, Schuyler County has and may continue to have monetary reserve constraints necessitating the securing of short term external funding, (Revenue/Tax/Bond Anticipation notes (RAN/TAN/BAN), and WHEREAS, Orrick, Herrington & Sutcliffe, LLP will provide said Bond Counsel services to the County per the fee schedule in their contract. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Chairman of the Legislature to execute a contract with Orrick for the Treasurer’s Department for Bond Counsel Services for the term January 1, 2013 through December 31, 2013, funding available in the 2013 Treasurer’s Budget account no. 1325.0435-Professional Fees and Services, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 66 Motion by Barnes, Second by Larison. RE: AUTHORIZE PARTICIPATION IN A COOPERATIVE GRANT WITH THE GREATER SOUTHERN TIER BOCES UNDER THE SHARED SERVICES LOCAL GOVERNEMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) – RECORDS MANAGEMENT WHEREAS, the Greater Southern Tier BOCES will be applying for a grant under the Shared Services LGRMIF to transfer microfilm into digital images, store it on their server and share the information with the respective municipality and school district, and WHEREAS, Schuyler County Records Management will benefit from this project at no cost to the County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes participation in a cooperative grant initiative with BOCES, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to said project; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 67 Motion by Larison, Second by Gifford. RE: URGE NEW YORK STATE GOVERNOR CUOMO AND THE STATE LEGISLATURE TO MAKE SURE THAT THE NEW YORK STATE DIVISION OF BUDGET AUTHORIZES THE APPLICATION PROCESS FOR GRANTS THROUGH THE LOCAL GOVERNMENT RECORDS IMPROVEMENT MANAGEMENT FUND (LGRIMF) FOR THE 2013-2014 CYCLE WHEREAS, New York State has long understood the importance of efficient records management policies and procedures to ensure the continuity of government, protection from liability, and preservation of historical documents, and 27 PROCEEDINGS OF THE YEAR 2013
WHEREAS, in 1987, the Local Government Records Management Improvement Fund (LGRMIF) was created in New York State with the clear intent to provide funding for programs for local government to establish, create and maintain procedures and programs to ensure the integrity and preservation of government records, and WHEREAS, County Clerks across New York State collect this money on records presented for recording of land records and civil court filings and forward all money collected to the NYS Commissioner of Taxation and Finance to be placed in a dedicated fund in accordance with statute, and WHEREAS, $3,394,000.00 has been taken from this dedicated fund to offset deficiencies in the NYS budget, and WHEREAS, in addition to the sweeping of funds, this year the Budget Division has refused to authorize the application process for the 2012-14 cycle. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the Governor of the State of New York and our State representatives to make sure that the NYS Division of Budget authorize the application process for grants through the Local Government Records Management Improvement Fund for the grant cycle 2013-2014, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature does hereby urge the Governor of the State of New York and our State representatives to not sweep money collected for a dedicated purpose and use it for other purposes, and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature send certified copies of this resolution to the Governor of the State of New York and our State representatives. Vote 7-0. RESOLUTION NO. 68 Motion by Larison, Second by Gifford. RE: AUTHORIZE AMENDING THE 2013 SALARY SCHEDULE FOR THE CORRECTIONS OFFICER’S BENEVOLENT ASSOCIATION FOR STEP-YEARS OF SERVICE CREDIT WHEREAS, some step-years of service credit for Corrections employees were erroneously omitted from the adopted 2013 Salary Schedule. NOW, THEREFORE, BE IT RESOLVED, that the Schedule of Salaries for 2013, as on file, is amended effective January 1, 2013. Vote 7-0. RESOLUTION NO. 69 Motion by Larison, Second by Gifford. RE: AUTHORIZE TRANSFER OF FUNDS FOR GENERAL LIABILITY INSURANCE – COUNTY ADMINISTRATOR WHEREAS, the County’s General Liability Policy term runs February 1, 2013 through February 1, 2014, and WHEREAS, budgeting for this coverage is complicated due to the time frame of when the policy begins and the premium is obtained by our agent, and WHEREAS, the variance of the 2013 budgeted amount for insurance is $22,327.27. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $22,327.27 from the Contingency account no. 1990.0500 into account no. 1910.0423 – Insurance-SMP, to cover expense of the General Liability policy. Vote 7-0. RESOLUTION NO. 70 Motion by Halpin, Second by Gifford. RE: ONE-YEAR APPOINTMENT BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuals to the below board, committee, agency, for the term February11, 2013 through December 31, 2013, to wit: FINGER LAKES RESOURCE CONSERVATION & DEVELOPMENT COUNCIL Darrel Sturges, Schuyler County Watershed Inspector Vote 7-0. RESOLUTION NO. 71 Motion by Halpin, Second by Gifford. RE: TWO-YEAR APPOINTMENT BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual to the below board, committee, agency, for the term February 11, 2013 through December 31, 2014, to wit: FISH & WILDLIFE MANAGEMENT BOARD Barlow Rhodes, Land Owner Vote 7-0. RESOLUTION NO. 72 Motion by Halpin, Second by Gifford. RE: FOUR-YEAR APPOINTMENT BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individuas to the below boars, committees, agency, for the term February 11, 2013 through December 31, 2016, to wit: AGRICULTURE & FARMLAND PROTECTION BOARD Daniel Teed, Farmer Vote 7-0. RESOLUTION NO. 73 Motion by Halpin, Second by Gifford. RE: NON-CALENDAR YEAR APPOINTMENT BE IT RESOLVED, the Schuyler County Legislature hereby approves the appointment of the following individual to the below board for a term of March 1, 2013 through April 1, 2017, to wit: MUNICIPAL ELECTRIC & GAS ALLIANCE (MEGA) Mark Taylor Vote 7-0. RESOLUTION NO. 74 Motion by Barnes, Second by Larison. RE: AUTHORIZE APPOINTMENT TO FILL UNEXPIRED TERM ON THE SOUTHERN TIER REGIONAL PLANNING & DEVELOPMENT BOARD WHEREAS, Schuyler County has implemented a change with the Planning position effective January 1, 2013, and WHEREAS, Rocky Kambo has been appointed as the Planning Director for Schuyler County, and WHEREAS, Rocky Kambo will now replace Danielle Hautaniemi on the Southern Tier Regional Planning & Development Board to fill her un-expired term. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves the appointment of Rocky Kambo to fill the un-expired term of February 11, 2013 through December 31, 2013 on the Southern Tier Regional Planning & Development Board. Vote 7-0. RESOLUTION NO. 75 Motion by Barnes, Second by Larison. RE: ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (LAMOKA LAKE) WHEREAS, Resolution No. 23 -13 authorized advertisement for sealed bids for the application Renovate on Lamoka Lake and the residual monitoring thereof, and WHEREAS, bids were opened February 6, 2013 and reviewed, with the recommendation being made by the Lamoka/Waneta Lakes District Commission to accept the bid from Allied Biological of New York, LLC , said bidder being the lowest responsible bidder in conformance with General Municipal Law § 103. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the bid from Allied Biological of New York, LLC for the application of Renovate on Lamoka Lake and the residual monitoring thereof at the bid price of $40,576.40 for treatment and $490.00 per monitoring round with an estimated total cost of $2.940, and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 76 Motion by Barnes, Second by Larison. RE: ACCEPT/REJECT BIDS FOR APPLICATION AND MONITORING EXPENSES FOR THE LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT (WANETA LAKE) 29 PROCEEDINGS OF THE YEAR 2013
WHEREAS, Resolution No. 22-13 authorized advertisement for sealed bids for the application Renovate on Waneta Lake and the residual monitoring thereof, and WHEREAS, bids were opened February 6, 2013 and reviewed, with the recommendation being made by the Lamoka/Waneta Lakes District Commission to accept the bid from Allied Biological of New York, LLC, said bidder being the lowest responsible bidder in conformance with General Municipal Law §103. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the bid from Allied Biological of New York, LLC, for the application of Renovate on Waneta Lake and the residual monitoring thereof at the bid price of $39,581.40 for treatment and $385.00 per monitoring round with an estimated total cost of $2,310 and authorizes its Chairman to sign any and all necessary contract documents, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 77 Motion by Gifford, Second by Halpin. RE: AUTHORIZE THE CREATION AND FILLING OF ONE TEMPORARY FULL-TIME CORRECTION SERGEANT POSITION – SHERIFF’S OFFICE WHEREAS, a Jail Supervisor is required to oversee the jail, and WHEREAS, the current supervisor has been suspended indefinitely, and WHEREAS, New York State Civil Service has stated that a Temporary Corrections Sergeant position needs to be created in order to fill the vacancy. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Sheriff be hereby authorized to create and fill one temporary full-time Correction Sergeant position for the Schuyler County Jail, effective February 18, 2013, at the hourly rate as set forth in the Correction Officer’s Benevolent Association, Inc. Union Contract. Vote 7-0. RESOLUTION NO. 78 Motion by Gifford, Second by Halpin. RE: AUTHORIZE AMENDING RESOLUTION NO. 259-10 TITLED “AUTHORIZE PROCEDURE FOR ADVERTISEMENT OF HIGHWAY MATERIAL BIDS – PURCHASING” WHEREAS, Resolution No. 259-10 set up a procedure for advertisement of Highway Material Bids to go through Purchasing and have the Purchasing Department bring recommendations to the Management & Finance Committee for acceptance and rejection, and WHEREAS, it is upon the Purchasing Director’s request and recommendation that the Highway Department be charged with this process effective in 2013. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 259-10 be amended to now have the Now, Therefore, Be It Resolved clause and Be It Further Resolved clause read as follows with the changes in bold: “NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby directs the Clerk of the Legislature to advertise Highway material bids as needed, and that the Highway Department will compile the actual bids for the material bids on a continual basis, to satisfy the yearly bidding procedures, and BE IT FURTHER RESOLVED, that the Highway Department shall bring the recommendations to the Public Works Committee for acceptance and/or rejection by committee motion only.” Vote 7-0. RESOLUTION NO. 79 Motion by Gifford, Second by Halpin. RE: AUTHORIZE STIPULATION AND RELEASE OF CLAIMS AGREEMENT WITH THE SCHUYLER COUNTY ADMINISTRATIVE UNIT CSEA BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation Agreement with the Administrative Unit CSEA, subject to the approval of labor counsel. Vote 7-0. RESOLUTION NO. 80 Motion by Barnes, Second by Halpin. RE: RE: RESOLUTION OPPOSING PROPOSED AMENDMENTS TO THE ELECTION LAW WHEREAS, a series of proposed amendments to the New York State Election Law have been introduced in the Senate and Assembly of the State of New York, and WHEREAS, as proposed, said bills will have a significant negative impact on the already strained budgets of the smaller counties in New York State, and WHEREAS, bills A.689/S.1461, propose to enact a new Title VI to the Election Law entitled “Early Voting,” and WHEREAS, the proposed Early Voting amendment would require voting be allowed (14) days before a general election and seven (7) days before any primary election, at a minimum of five (5) polling places in each county from 8:00 AM until 7:00 PM each day, including weekends, and WHEREAS, in addition to the 14 or 7 day Early Voting term prescribed, the amendment also states: “Local Boards of Elections may purchase direct recording electronic machines to be used solely for early voting….”, and WHEREAS, bills A.172/S.609, as well as A.2099/S.1549 propose nearly identical amendments to Election Law; to provide for same-day registration of voters, at the polling place, during the hours that the polling place is open for voting, and WHEREAS, the Early Voting amendment does not mention additional costs incident to its implementation, and WHEREAS, additional poll books would be required to supply five (5) poll sites, as well as four(4) Election Inspectors for each site for seven (7) days before a Primary and fourteen (14) days before a General Election, and WHEREAS, the technical requirements of the proposed legislation would result in substantial increased costs, as well as, the cost of ballots necessary to supply all ballot styles at each of five (5) polling places, and WHEREAS, none of the proposed amendments to Election Law stipulate any financial assistance to implement these programs, and WHEREAS, the smaller counties such as Schuyler have little or no grant resources left over from the initial allotment of HAVA and NYS funds, and WHEREAS, demands of the federal Help America Vote Act of 2002 (HAVA), have already increased the cost of elections significantly, and WHEREAS, the rationale for the proposed legislation, to shorten waiting times on election days and to provide additional registration opportunities for potential voters, is a solution to a non-problem in Schuyler County, a county of only eleven thousand plus (11,000+) voters where we do not experience long lines on election days and consistently register over seventy-five percent (75%) of eligible voters. We continue to maintain above average voter turnout, and WHEREAS, these proposed amendments to State Election Law are again a case study of unfunded mandates imposed upon local governments, and WHEREAS, given the current climate within which local governments must operate, it is truly unfortunate that the legislature of the State of New York would continue to consider unnecessary unfunded mandates that would be better left to the discretion of local Boards of Election rather than the “one size fits all” approach being considered. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature and the Board of Elections hereby voice strong opposition to the proposed amendments to Election Law, to wit: A.689/S.1461 - An Act to amend the election law, in relation to early voting A.172/S.609 - An Act to amend the election law, in relation to allowing for polling place voter registration for any qualified person who is not registered to vote A.2099/S.1549 - An Act to amend the election law, in relation to allowing for polling place voter registration for any qualified person who is not registered to vote, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature shall forward certified copies of this Resolution to Governor Andrew M. Cuomo, Senator Thomas O’Mara, Assemblyman Phillip Palmesano, and others deemed necessary.
31 PROCEEDINGS OF THE YEAR 2013
Vote 7-0. RESOLUTION NO. 81 Motion by Barnes, Second by Halpin. RE: AUTHORIZE AMENDING THE 2013 BUDGET FOR THE PURCHASE OF SOFTWARE – COMMUNITY SERVICES WHEREAS, Community Services uses software from Microsoft for the Ten Eleven build, and WHEREAS, a software purchase is required to maintain the system, and WHEREAS, there are additional revenue funds available through Health Homes Information Technology. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to amend the 2013 Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$26,290 4310.3490 State Aid- Mental Health +$26,290 4310.200 Equipment Vote 7-0. RESOLUTION NO. 82 Motion by Barnes, Second by Halpin. RE: DIRECT THE COUNTY ADMINISTRATOR/BUDGET OFFICER TO SUBMIT A PRELIMINARY BUDGET FOR 2014 THAT COMPLIES WITH THE TAX CAP LEGISLATION WHEREAS, the Schuyler County Legislature wishes to start their 2014 budget process this year by receiving a preliminary budget that complies with the tax cap legislation. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature directs the County Administrator/Budget Officer to submit a preliminary budget to the Management & Finance Committee this fall that is in compliance with meeting the Tax Cap Legislation for the 2014 Budget Year, and BE IT FURTHER RESOLVED, that the County Administrator evaluate all services when developing the preliminary budget to consider alternative delivery methods and provide analysis and recommendations concerning same. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: Legislator Karius wanted to acknowledge the Schuyler County Soil & Water Conservation District’s efforts. They work very closely with the Highway Department and is doing a lot of good for our community. Chairman Fagan also commended them. Legislator Halpin stated that she sets on both the Office for the Aging Advisory Board as well as the Youth Board, and she has made both boards aware of the commitment to stay within the two percent (2%) tax cap legislation and what this could mean for them. She told both boards that we have to look at delivery of services differently. Both boards seemed to receive the message with understanding. Legislator Barnes reported that the Public Safety & Criminal Justice Committee will be taking a stance on the SAFE Act Legislation with the Gun Control this month. It was discussed at the Region 8 Conservation Meeting and they will be sending a letter stating their position on the topic. He expects some tax payers there to take a stance on this topic as well. The only concern is that the meeting is at 9:15 a.m. He also commended the Probation Department for saving three hundred and fifty thousand dollars last quarter with their Alternative to Incarceration Program (ATI). COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn informed the Legislators that the County has received a letter today from the Office of Interoperable & Emergency Communications informing us that we had been awarded four million, two hundred seventy one thousand, nine hundred dollars ($4,271,900). This is the full amount that they had applied for and will fully fund the project. He also mentioned that the SAFE Act Legislation will affect Mental Health and will require any person that could be considered a potential danger to be reported. See article on file in the Legislature office. If this legislation passes we do not have the staff to implement it. It would be another unfunded mandate. He then reported that the Town of Hector Supervisor has expressed concerns with the Board of Elections new polling location plans. As it stands now, their intentions are to close the Reynoldsville location and keep the Searsburg location open. The Town of Hector Supervisor feels strongly that it should be the other way around. Just because of the facility condition alone with the Searsburg location. He suggested to the Town Supervisor that he put his concerns in writing and send it to the Board of Elections. He also informed the Legislature that there is a meeting scheduled with Mr. Gates regarding the shrubs at 1:00 tomorrow. PUBLIC PARTICIPATION: Mr. Mark Rondinaro questioned why there was not more detail in Intro No. 44 regarding the stipulation agreement. He asked what this was for and if it could be done. Administrator O’Hearn explained that it has to do with a personnel issue and once the stipulation agreement is fully executed it is subject to FOIL. Mr. Rondinaro also expressed his concern with the Local Law for the Treasurer position, but he will save his comments for the Public Hearing in March. Nothing he has heard in the public has anything to do with this, but the term limits that had been brought to this Legislature before will not even be considered? He feels it will be interesting to see what happens with it. Mr. Hurley stated that he feels done in by the Governor regarding the lack of mandate relief. Chairman Fagan told him, welcome to New York State. The Clerk read an email statement from Sue Brill who was not able to attend the meeting tonight. She wanted to congratulate JoAnn Fratarcangelo and welcome her as the new Social Services Commissioner. She looks forward to working with her. MOTION by Legislator Gifford, SECOND by Legislator Field to go into Executive Session to discuss employee work history and a negotiation matter. Motion carried seven ayes to zero noes. MOTION by Legislator Gifford, SECOND by Legislator Karius to come out of Executive Session. The Meeting adjourned at 7:38 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk.
SPECIAL MEETING FEBRUARY 27, 2013
The February 27, 2013 Special Meeting of the Schuyler County Legislature was called to order at 9:10 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislators Halpin and Gifford who were excused. Legislator Karius was absent. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: None. 33 PROCEEDINGS OF THE YEAR 2013
RESOLUTION NO. 83 Motion by Larison, Second by Field. RE: RATIFICATION OF SPECIAL MEETING 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. AUTHORIZE STIPULATION AGREEMENT WITH LARRY M. STATES Vote 5-0. RESOLUTION NO. 84 Motion by Field, Second by Barnes. RE: AUTHORIZE STIPULATION AGREEMENT WITH LARRY M. STATES BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Stipulation Agreement with Larry M. States, subject to the approval of labor counsel, and the Schuyler County Attorney. Vote 5-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:14 a.m. Jamee L. Mack, Deputy Clerk
REGUALR MEETING MARCH 11, 2013
The March 11, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Yuhasz and followed by a Moment of Silence. All Legislators were present except Legislator Gifford who was excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Alan Hurley, from the Town of Tyrone, expressed his grave concerns with the Legislature taking away the taxpayers right to vote on an elected Treasurer. He requested that this be rejected. He also asked a number of questions on various Resolutions on the Agenda. All of his questions were answered to his satisfaction by Chairman Fagan or Administrator O’Hearn. Mr. Paul Marcellus, Town of Dix, asked what types of techniques would be used for the Bonadio Group to audit Occupancy Tax. Chairman Fagan explained the position the County is taking on this. They want to make sure that all businesses are paying their fair share. We know for a fact that some are not. We are exercising our rite to do this. Administrator O’Hearn also explained that it could entail looking at tax returns and bank statements if deemed necessary. 6:45 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO. NO. 1 OF THE YEAR 2013 ABOLISHING THE ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF DIRECTOR OF FINANCE FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION: Mr. Hurley stated again that he did not believe that the right to vote should be taken away. He wanted to know if this action was constitutional. He believes that the will of the people should be spoken. Legislator Barnes stated that there are a number of towns that are considering more of this type of thing going forward. Chairman Fagan said that the last section of the Local Law says it all. He explained to Mr. Hurley that it is going to the public on the ballot. The Legislature has a fiducial responsibility. He repeated the history with the past Treasurer and the financial reports from the auditing firm. He told Mr. Hurley that they will let the people decide on November 5, 2013. Mr. Marcellus asked if there would be a savings from the paid auditing firm because of this. Chairman Fagan explained where the savings would come from and that we are still required to have the paid auditing firm once a year. Mr. Marcellus said he does not understand, as our population isn’t growing. He wanted to know if it was reasonable to expect that a new position would be at a much higher pay grade. Chairman Fagan wanted the public in attendance to know that this was introduced and is being supported by the current Treasurer, and if this move was going to cost the County more, he would not be in support of it. Legislator Barnes stated that even Steuben County is considering doing the same thing. Mr. Rondinaro, Town of Reading, submitted, for the record. the following statement: “I would like to thank the legislature for allowing me to speak tonight. I am here to express my opposition to the proposed Local Law Intro #1 of 2013, abolishing the elected office of Schuyler County Treasurer and establishing the appointed position of Schuyler County Director of Finance. This Director of Finance would be appointed to the legislature and would be under the direct supervision of the County Administrator. The citizens of Schuyler County should be wary of any proposal to give away their right to select the officials that they wish to serve them. The County Treasurer acts as the chief financial oversight officer in the county, and is responsible directly to the people of the county. Making this office accountable to the County Administrator removes the separation of powers required by the oversight function inherent in this position, and makes financial malfeasance much more likely to go undetected. I researched the proportion of elected versus unelected County Chief Financial Officers in New York State via online sources. I found that there are approximately 50 Treasurers and elected Comptrollers in counties within New York State, whereas there are 12 appointed Comptrollers, Commissioners of Finance, Finance Directors and Chief Financial Officers. This is a ratio of more than 80% of County Chief Financial Officers remaining elected. The only regional county with an unelected Chief Financial Officer is Tompkins County. The legislature has made many good arguments in favor of this law, many of which are stated in the text of the law itself. Most of these can be encapsulated into a single word: efficiency. The current system of electing a Treasurer does not allow the legislature to set qualifications for the position, nor to remove the occupant of the position if he or she is not able to fulfill the requirements of the job. I would point out that these same inefficiencies exist in the position of elected Sheriff. I doubt that anyone would argue that the Sheriff's position is less responsible or that it is requires less in the way of knowledge or training. Does the legislature propose that an appointed chief law enforcement officer is next on the agenda? I would argue that efficiency, while important, is not paramount. The paramount issue is to retain the checks and balances between the various segments of the government, to make sure that power is not concentrated and that multiple viewpoints are heard. This is especially important for offices which have an oversight role. This issue has arisen in the context of recent problems in the Treasurer's office. There was a great deal of contention as to the source of the problem, but I would argue that last year's election has settled this issue. All involved parties seem to agree that the current Treasurer is working well with the legislature, and so the current system has resolved the problem satisfactorily, though not perhaps in the quickest or cheapest manner. The current Treasurer has more than three years remaining in his term. Why not postpone this law for a year or two, and look at this matter from a greater distance? Perhaps the motive, as Rahm Emanuel stated, is that “You never want a serious crisis to go to waste. And what I mean by that is it's an opportunity to do things you think you could not do before.” Finally, if the legislature is not willing to postpone this law and it proceeds to the November ballot, I have one question for them. If the will of the people is to vote down this law, will the legislature be responsive to that decision, and not attempt to revisit this issue for at least four more years. Or will the behave like local school boards, returning the same or a minimally modified budget for a revote time and time again until it passes? Thank you for your consideration.” Chairman Fagan said he would not bring this local law up again during his term of office if it fails at the ballot. RESOLUTION NO. 85 Motion by Larison, Second by Halpin. RE: APPROVE MINUTES OF THE FEBRUARY 11, 2013 REGULAR MEETING AND THE FEBRUARY 27, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the February 11, 2013 Regular Meeting and the February 27, 2013 Special Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 86 Motion by Barnes, Second by Yuhasz. RE: AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Emergency Management Performance Grant for Federal Fiscal Year 2012 (FY12) , and 35 PROCEEDINGS OF THE YEAR 2013
WHEREAS, this grant provides matching funds to offset current budgeted expenses for certain personnel and administrative functions associated with our local emergency management program, and WHEREAS, the tentative FY12 allocation for Schuyler County under this planning program is $11,701. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the NYS Division of Homeland Security and Emergency Services (DHSES); said documents subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 87 Motion by Barnes, Second by Yuhasz. RE: RESOLUTION OPPOSING THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT (SAFE) ACT OF 2013 – SHERIFF’S OFFICE/COUNTY CLERK WHEREAS, this Legislative Body has long advocated for the protection of the rights afforded our citizens under the Constitution, which has for generations guided our Nation and served as a framework to our democracy and society, and WHEREAS, the Second Amendment of the United States provides for the “right of the people to keep and bear arms” and further states that this right “shall not be infringed”, and WHEREAS, members of the Schuyler County Legislature, being elected to represent the people of Schuyler County, are duly sworn by their oath of office to uphold the Constitution of the United States, and WHEREAS, members of the New York State Assembly and the New York State Senate, being elected by the people of New York State, are duly sworn by their oath of office to uphold the Constitution of the United States, and WHEREAS, the lawful ownership of firearms is a recreational benefit to our residents through hunting and target shooting, along with an economic and environmental benefit to our region with several locally owned and operated gun/sporting businesses, and WHEREAS, the New York State Secure Ammunition and Firearms Enforcement (NY SAFE Act) of 2013 which was rushed to passage by the New York State Senate, Assembly and Governor, will have a detrimental effect on hunters, sportsmen and legal gun owners, creating a hostile environment both for them and for the sale and manufacture of legal firearms, and WHEREAS, the legislation prohibits the sale of firearm magazines with a capacity larger than seven (7) rounds and, those firearm magazines with a capacity larger than seven (7) rounds, which are authorized to be retained by existing owners, may only be loaded with seven (7) rounds and eventually must be permanently altered to only accept seven (7) rounds or be disposed of, and WHEREAS, few or no low capacity (seven (7) rounds or less) magazines currently exist for many of the firearms commonly possessed by law-abiding residents of New York State, and WHEREAS, the legislation severely impacts the possession and use of firearms now employed by the residents of Schuyler County for the defense of life, liberty and property, and WHEREAS, the legislation severely impacts the possession and use of firearms now employed for safe forms of recreation including, but not limited to hunting and target shooting, and WHEREAS, while there are some areas of the legislation that the Schuyler County Legislature finds encouraging, such as the strengthening of Kendra’s Law and Marks’s Law, as well as privacy protections for lawful permit holders, we find the legislation fails to offer little meaningful solutions to gun violence and places undo burdens where they don’t belong, squarely on the backs of law abiding citizens, and WHEREAS, there are many parts of this legislation that place an unfunded mandate on the local Sheriff Departments, County Clerks Office and County Judges, while tax payers are crying out relief, and WHEREAS, there will be significant financial impact due to the approximately 3,300 Schuyler County pistol permits that will have to be renewed requiring additional manpower and computer systems, and WHEREAS, requiring law-abiding gun owners to verify ownership of certain types of firearms every five years, in addition to registering them on permits, which now also must be renewed every five years, does not increase the safety of the public and is unnecessarily burdensome to the residents of New York State, and WHEREAS, this legislation effectively treats countless New York State law abiding gun owners as criminals, and WHEREAS, the enactment of the NY SAFE Act has engendered significant controversy over both the process by which it was enacted and certain provisions contained within, and WHEREAS, the manner in which this legislation was brought forward for vote in the State Legislature is deeply disturbing to the Schuyler County Legislature. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby oppose the enactment of the New York State Secure Ammunition and Firearms Enforcement Act of 2013 because it fundamentally alters or abridges the right to keep and bear arms without addressing the problems of gun violence, and BE IT FURTHER RESOLVED, that this Legislature hereby calls upon the New York State Legislature and Governor to set aside and annul this ill conceived and poorly drafted statute which abridges the rights of law abiding citizens of the State of New York, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature opposes any effort by the New York State Legislature to bundle together stricter gun control efforts with legislation that would exempt the records pertaining to handgun permit holders from disclosure under NYS Freedom of Information Law, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the Governor of the State of New York, Senator Thomas O’Mara, Assemblyman Philip Palmesano and the New York State Association of Counties. Vote 7-0. RESOLUTION NO. 88 Motion by Barnes, Second by Halpin. RE: RESOLUTION OPPOSING PENDING NEW YORK STATE LEGISLATION SENATE BILL S2353 AND ASSEMBLY BILL A3908 OF 2013 WHICH AMENDS THE NEW YORK STATE INSURANCE LAW TO REQUIRE OWNERS OF FIREARMS TO OBTAIN LIABILITY INSURANCE – SHERIFF’S OFFICE WHEREAS, legislation has been introduced by New York State Assemblyman Felix Ortiz, that would amend the New York State Insurance Law requiring all owners of firearms to obtain not less than one million dollars in liability insurance, and WHEREAS, such legislation infringes upon the Second Amendment rights of our residents to keep and bear arms, and WHEREAS, said liability insurance would be to specifically cover any damages resulting from any negligent or willful act involving the use of a firearm, and WHEREAS, such legislation also states that failure to maintain such insurance shall result in the immediate revocation of such owner’s registration, license and any other privilege to own such firearm, and WHEREAS, said liability insurance is not readily available, as insurance policies generally exclude damages from willful and negligent acts, and WHEREAS, requiring law-abiding gun owners to obtain liability insurance is unnecessarily burdensome to the residents of New York State. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature opposes any effort by the New York State Legislature to amend the New York State Insurance Law requiring owners of firearms to obtain liability insurance, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the Governor of the State of New York, Senator Thomas O’Mara, Assemblyman Philip Palmesano, and the New York State Association of Counties. Vote 7-0. RESOLUTION NO. 89 Motion by Barnes, Second by Halpin. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2013/2014 NEW YORK STATE VAWA GRANT - DISTRICT ATTORNEY WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services for the purpose of assisting the Schuyler County District Attorney’s Office with retaining a designated prosecutor for violence against women, train law enforcement and identify and correct issues in our County regarding prosecution of violent crimes against women, and 37 PROCEEDINGS OF THE YEAR 2013
WHEREAS, this Grant is estimated to be in the amount of $40,100 (with no County match). NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2013/2014 NYS VAWA Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $40,100 (with no County match); said documents subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 90 Motion by Barnes, Second by Halpin. RE: AUTHORIZE THE DISCONTINUATION OF THE FAMILIES FIRST PROGRAM-YOUTH BUREAU WHEREAS, Resolution Number 391-02 implemented and approved the Families First Program, and WHEREAS, the Youth Bureau has been the coordinating department of the Families First program, and WHEREAS, each of the following departments (Social Services, Mental Health, Public Health, Office for the Aging and Probation) are no longer able to support the Families First program financially or with staff. NOW, THEREFORE, BE IT RESOLVED, that the Families First program be discontinued, effective March, 18, 2013. Vote 7-0. RESOLUTION NO. 91 Motion by Halpin, Second by Karius. RE: AUTHORIZE AGREEMENT WITH PRO ACTION OF STEUBEN AND YATES, INC. FOR OPERATION OF A SENIOR EMPLOYMENT PROGRAM HOST SITE AT THE SCHUYLER COUNTY OFFICE FOR THE AGING – OFFICE FOR THE AGING WHEREAS, Pro Action of Steuben and Yates, Inc. operates Senior Employment Program services, and WHEREAS, Pro Action’s Senior Employment Program serves Schuyler County, and WHEREAS, the services are to assist individuals age 55 and older enter or re-enter the workforce, and WHEREAS, program participants are provided with 20 hours of paid community service paid through the US Department of Labor via Pro Action to the participant, and WHEREAS, the Schuyler County Office for the Aging can provide the opportunity to program participants to learn new skills or enhance current skills at no cost to the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with Pro Action of Steuben and Yates, Inc. for the placement of Senior Employment training at the Schuyler County Office for the Aging from April 1, 2013 through June 30, 2013, said agreement subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 92 Motion by Halpin, Second by Karius. RE: ACCEPT AND ESTABLISH RABIES GRANT – PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Department is required to investigate all potential rabies exposures of human and or animals, provide rabies vaccination clinics for domestic pets a minimum of every 4 months and authorize human post-exposure treatments as needed, and WHEREAS, the New York State Department of Health is awarding Schuyler County Public Health with grant monies to assist in these requirements for the period of April 1, 2012 – March 31, 2017 at an estimated amount of $10,000 annually for a total of $50,000 over the five years. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute a Rabies contract with the New York State Department of Health and sign any and all documents related to this grant, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 93 Motion by Halpin, Second by Karius. RE: AUTHORIZE EXTENSION OF THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE DIRECTORS SYSTEMS OF CARE GRANT FOR 2013 – COMMUNITY SERVICES WHEREAS, the NYS Conference of Local Mental Hygiene Directors (CLMHD) awarded Schuyler County Community Services a grant for Systems of Care in the amount of $5,000 for 2012, and WHEREAS, they have allowed a continuation of the grant through April 30, 2013, and WHEREAS, no further application for this continuation of the grant was necessary, and WHEREAS, the continuation of the grant is to promote instillation of Systems of Care values and accountability for the transformation at the County level. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the said 2012 grant continuation with the CLMHD for the Community Services Department for the Systems of Care 2013 Grant in the amount of $5,000, for a term January 1, 2013 through December 31, 2013, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the budget for this grant. Vote 7-0. RESOLUTION NO. 94 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE DECREASING THE HOURS OF ONE KEYBOARD SPECIALIST POSITION IN RECEPTION FROM FULL-TIME TO PART-TIME - SOCIAL SERVICES WHEREAS, one of the two full-time Keyboard Specialist positions in Reception has been vacant for over one year, and WHEREAS, the Commissioner’s Secretary has been filling the vacancy while at the same time attempting to accomplish her duties and responsibilities as Commissioner’s Secretary, and WHEREAS, the work requirements are having an adverse effect on the Department, and WHEREAS, a second Keyboard Specialist is a necessity, even one who works half days, and WHEREAS, funding is available in the Department’s 2013 budget account no. 6010.100. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature hereby authorizes the decrease in hours for one of the two Keyboard Specialist positions in the Reception unit in the Department of Social Services from full-time, 35 hours per week to part-time, up to 17 hours a week. Vote 7-0. RESOLUTION NO. 95 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE CONTRACT AMENDMENT WITH CATHOLIC CHARITIES 1st STEP VICTIM SERVICES – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services has a contract with Catholic Charities 1st Step Victim Services for Non-Residential Domestic Violence Services for $10,083 from July 1, 2012 to June 30, 2013, and WHEREAS, unspent funds in the amount of $1,882 from the prior year are available to add to this contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the contract between the Department of Social Services and Catholic Charities 1st Step Victim Services for Non-Residential Domestic Violence Services from July 1, 2012 to June 30, 2013 by increasing it from $10,083 to $11,965, subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 96 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE SUBLEASE AGREEMENT WITH PRO ACTION - BUILDINGS AND GROUNDS WHEREAS, there is vacant office space at the Human Services Complex at 323 Owego Street, Unit 6, Montour Fall, and WHEREAS, Pro Action is seeking office space to lease. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a sublease Agreement with the Pro Action for use of Cubicle no. 3, Cubicle no. 4 and Cubicle no.5 in Unit 6, totaling 220 square feet, at the Human Services Complex for the term of April 1, 2013 through December 31, 2013 at a cost of $650 per month, payable annually, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 97 Motion by Larison, Second by Yuhasz. 39 PROCEEDINGS OF THE YEAR 2013
RE: AUTHORIZE ON-GOING CONTRACT WITH PRO ACTION FOR PHONE SERVICE – BUILDINGS AND GROUNDS BE IT RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute an on- going contract with Pro Action for telephone service in the Human Services Complex at a cost to include a monthly line charge to be determined per Resolution 530-94, plus 15% administrative cost per line, with call costs to be billed at cost, subject to approval of the County Attorney. Vote 7-0. RESOLUTION NO. 98 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE ADVERTISING TO RECEIVE BIDS FOR SALE OF DOG SHELTER - BUILDINGS AND GROUNDS - AS AMENDED BY RESOLUTION NO. 132-14 WHEREAS, the County anticipates the relocation of the Dog Shelter from their current location at VanZandt Hollow Road, Watkins Glen, NY to their new facility at the Schuyler County Humane Society in Montour Falls this year, and WHEREAS, County Law §215 authorizes the Schuyler County Legislature to hereby declare the property located at 2958 VanZandt Hollow Road, Watkins Glen, New York, the former Dog Shelter, asset number 5648, surplus by a 2/3 majority vote and no longer necessary for public use and thereafter to dispose of the same in a lawful manner, and WHEREAS, said property is to be sold in accordance with General Municipal Law by advertising for sealed bids, in accordance with the Indenture dated June 1, 1988, book 268, page 330,and NOW, THEREFORE, BE IT RESOLVED, that the subject premises be and hereby are declared surplus and available for sale or other lawful disposition, and BE IT FURTHER RESOLVED, that the Building Maintenance Supervisor be authorized to advertise for bids for the sale of the Dog Shelter property located at 2958 VanZandt Hollow Road, Watkins Glen, and BE IT FURTHER RESOLVED, that the Clerk of the Legislature will receive bids to be opened publicly and accepted/rejected at a public meeting. Vote 7-0. RESOLUTION NO. 99 Motion by Larison, Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR CONSTRUCTION OF MILL STREET BRIDGE REPLACEMENT - VILLAGE OF ODESSA – HIGHWAY DEPARTMENT WHEREAS, Resolution No. 17-13 authorized the advertising for bids for construction of Mill Street Bridge Replacement, and WHEREAS, bids were opened on February 20, 2013 and reviewed with the recommendation being made by Hunt Engineers to accept the low bid from Silverline Construction, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accept the following low bid from Silverline Construction, Inc., for the Mill Street Bridge Replacement at the low bid price of $735,249.00, funding available in the 2013 budget account no. 002.5120.584, and BE IT FURTHER RESOLVED , that the Chairman be authorized to sign the contract for said bid, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, the other bids be rejected, with a note of appreciation for their participation. Vote 7-0. RESOLUTION NO. 100 Motion by Larison, Second by Field. RE: URGING GREATER INVESTMENTS IN THE STATES CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS) AND MARCHISELLI PROGRAM – HIGHWAY DEPARTMENT WHEREAS, the State’s Consolidated Highway Improvement Program (CHIPS) funds are vital to County and local highway departments in order to maintain and upgrade important components of the local transportation system, and purchase necessary highway equipment and materials, and WHEREAS, the Marchiselli Program is the State component of a successful Federal, State, and local partnership, delivering transportation improvements to federally-aidable local highway projects, and WHEREAS, local governments are responsible for an increasing proportion of the statewide highway and bridge system, including eighty-seven percent of the State’s 110,000 miles of roadways and fifty percent of the State’s 18,000 bridges, and WHEREAS, a safe and efficient highway infrastructure is necessary for trade, economic development and revitalization, job creation and retention, schools, agriculture, businesses, health and hospital facilities and emergency responders, as well as the general traveling public, and WHEREAS, the State DOT has called for a level for CHIPS of $420 million and $56 million for Marchiselli annually to simply maintain the current condition and safety rating of our local transportation system and prevent further deterioration, and WHEREAS, for the last five years, appropriations for CHIPS and Marchiselli have been unchanged at $363 million and $39 million respectively, well below that recommended to address the needs of the local roads and bridges and resulting in measurable declines in pavement, bridge and culvert conditions, and WHEREAS, the 2013-2014 Executive Budget appropriations for CHIPS and Marchiselli remain unchanged at $363 million and $39 million respectively, and WHEREAS, since Marchiselli funding is inadequate, counties are not getting this state aid for some project phases, and state reimbursement for advances made by counties for approved work has slowed considerably, creating further financial hardship, and WHEREAS, in accordance with the State DOT “Forward Four” policy (preservation first; system not projects; maximize return on investment; and make it sustainable), additional CHIPS funds are necessary for preventative maintenance type projects chip seal and other pavement sealing processes and resurfacing work that is critical to extending the life of the current local highway and bridge infrastructure, and WHEREAS, the State DOT has submitted to the New York Works Task Force a proposed 2-year transportation capital plan for the years 2013-2014 and 2014-2015 that freezes CHIPS and Marchiselli funding for another two years (Strategic I investment level); a level at which local roads and bridges will continue to deteriorate, and WHEREAS, recognizing that this level of state highway aid to municipalities will put tremendous pressure on a local transportation system already in crisis, the DOT plan calculates the benefits from additional levels of investment: Strategic II investment level represents the annual infrastructure investment required to sustain current investments and to achieve NYSDOT’s preservation goals; and Strategic III investment level represents the annual infrastructure investment required to achieve NYSDOT’s preservation goals and to make strategic investments in the replacement of the most critical assets from a statewide perspective; and WHEREAS, the new two-year Federal transportation aid allocation to NY (MAP-21) is primarily directed to the major systems (interstates, arterials, expressways and major urban connectors) and away from locally and even State owned roads and bridges resulting in as much as 40% less federal dollars available for local projects, and WHEREAS, the Executive Budget includes more than $300 million in the New York Works funds directed for capital investment in transportation infrastructure, a good portion of which should be used to make up for the losses in federal aid, boost CHIPS and further aid the local system. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the Governor and the Legislature of the State of New York to recognize the unfunded needs of the local transportation system; and to adopt and fund Strategic II & III investment levels as part of the State Budget and ensure that local funding programs like CHIPS and Marchiselli are funded at levels that will begin to slow and hopefully reverse the deteriorating condition of this critical infrastructure, and BE IT FURTHER RESOLVED that Schuyler County Legislature shall forward copies of this resolution to Governor Andrew M. Cuomo, Senator Tom O’Mara, Assemblyman Phil Palmesano and all others deemed necessary and proper. Vote 7-0. RESOLUTION NO. 101 Motion by Karius, Second by Field. RE: URGING STRUCTURAL REFORM OF THE STATE DEDICATED HIGHWAY AND BRIDGE TRUST FUND (DHBTF) – HIGHWAY DEPARTMENT 41 PROCEEDINGS OF THE YEAR 2013
WHEREAS, local governments are responsible for an increasing proportion of the statewide highway and bridge system, including eighty-seven percent of the State’s 110,000 miles of roadways and fifty percent of the State’s 18,000 bridges, and WHEREAS, a safe and efficient highway infrastructure is necessary for trade, economic development and revitalization, job creation and retention, schools, agriculture, businesses, health and hospital facilities, emergency responders, as well as the general traveling public, and WHEREAS, the source of state funding assistance for this local transportation system is the State’s Dedicated Highway and Bridge Trust Fund originally designed as a pay-as-you-go financing method to support the state’s transportation programs and purposes, using revenue from highway taxes, motor vehicle taxes and fees, petroleum business taxes and a number of smaller resources, and WHEREAS, in an audit entitled, “The Dedicated Highway and Bridge Trust Fund: Where Did the Money Go?” the State Comptroller reveals that less than 25% of the state’s Dedicated Highway and Bridge Trust Fund (DHBTF)—originally established to fund transportation on a pay-as-you-go basis—is actually available for transportation capital this fiscal year. This is because total debt service on state bonding paid from the DHBTF is 40.2 percent of all DHBTF disbursements while state operations will account for the remaining 35 percent, and WHEREAS, legislation introduced in both houses and passed by the Senate seeks to reform the DHBTF by ensuring that money dedicated to be used for highway and bridge construction and repairs will not be diverted for non-capital uses; and to enhance revenues to the DHBTF from heretofore un-committed state gasoline tax receipts, and WHEREAS, dedicated revenue enhancements must be considered to insure the long term financial stability of the DHBTF and to attain adequate levels of state support to local roads and bridges as determined by the State DOT. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the Governor and the Legislature of the State of New York to develop a multi-year plan to return structural balance to the DHBTF in order to ensure its ability to meet the State’s highway and bridge capital needs today and in the future by, among other actions, adopting the aforementioned legislative initiatives, and BE IT FURTHER RESOLVED that Schuyler County Legislature shall forward copies of this resolution to Governor Andrew M. Cuomo, Senator Tom O’Mara, Assemblyman Phil Palmesano and all others deemed necessary and proper. Vote 7-0. RESOLUTION NO. 102 Motion by Larison, Second by Field. RE: URGING THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF NEW YORK TO CREATE A STATE AID TO LOCAL BRIDGE & CULVERT PROGRAM TO INCREASE BRIDGE SAFETY, PROMOTE ECONOMIC DEVELOPMENT AND CREATE AND RETAIN JOBS – HIGHWAY DEPARTMENT WHEREAS, local governments are responsible for fifty percent of the State’s 18,000 bridges, and WHEREAS, roughly one-third of the 8,535 bridges maintained by New York’s local governments are structurally deficient or functionally obsolete, and WHEREAS, the State DOT capital plans have proposed the establishment of a $250 million State Aid to Local Bridge Program, but this initiative has not been included in the State’s current capital plan despite the fact that the number of deficient bridges will increase by another 1,500 in the next few years, and WHEREAS, the deterioration that leads to bridge closings and disruptive weight limitations is systemic and a painful reminder that current underinvestment makes it impossible to maintain even a 20th century transportation system and much less likely that New York can build one of a quality that will help the State remain competitive in attracting businesses and jobs, and WHEREAS, a state aid to local bridge and culvert program is a proven method of funding improvements to local bridge and culvert infrastructure in a way that will help further stimulate the economy of the State and help secure the safety of the traveling public, and WHEREAS, the State DOT has submitted to the New York Works Task Force a proposed 2-year transportation capital plan for the years 2013-2014 and 2014-2015 that freezes state funding for local roads, bridges and culverts for another two years (Strategic I investment level); a level at which bridges owned by local governments will continue to deteriorate, and WHEREAS, the new two-year Federal transportation aid allocation to NY (MAP-21) is primarily directed to the major systems (interstates, arterials, expressways and major urban connectors) and away from locally and even State owned roads and bridges resulting in as much as 40 percent less federal dollars available for local projects, and WHEREAS, the Executive Budget includes more than $300 million in the New York Works funds directed for capital investment in transportation infrastructure, a good portion of which should be used to make up for the losses in federal aid, boost CHIPS and further aid the local system. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby urge the Governor and the Legislature of the State of New York to recognize the unfunded needs of the local transportation system, adopt and fund NYSDOT defined investment levels as part of the State Budget and use a portion of the additional funding to establish a State Aid to Local Bridge & Culvert Program that can begin to slow and hopefully reverse the deteriorating condition of this critical infrastructure, ensure the safety of the local transportation system, stimulate the State’s economy and improve the livelihoods of the millions of citizens who rely on local roads every day, and BE IT FURTHER RESOLVED that Schuyler County Legislature shall forward copies of this resolution to Governor Andrew M. Cuomo, Senator Tom O’Mara, Assemblyman Phil Palmesano and all others deemed necessary and proper. Vote 7-0. DISCUSSION: Legislator Halpin requested that any Resolution that is being sent to our State representatives be signed by all the Legislators. RESOLUTION NO. 103 Motion by Larison, Second by Karius. RE: AUTHORIZE 2013 AGREEMENT RENEWAL WITH JENNIFER GECK PHOTOGRAPHY FOR PRODUCTION OF GOLDEN GLOW NEWSLETTER – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging (OFA), as part of its mission to reach the 60 and older population with related news and information, provides a newsletter in printed and e-mail versions to Schuyler County residents and their caregivers, and WHEREAS, OFA does not have an employee on staff to create the layout of the newsletter, and WHEREAS, OFA has the funds to pay a nominal fee of $50 per newsletter, not to exceed $300 per year, to continue the newsletter which reaches some 1200 individuals. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and renewal agreements with Jennifer Geck Photography for the purpose of producing a bi-monthly newsletter for Office for the Aging through the OFA budget account no. 6772.0490, for the term of January 1, 2013 through December 31, 2013, said contract subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 104 Motion by Larison, Second by Karius. RE: A RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $1,690,000 BONDS OF THE COUNTY OF SCHUYLER, NEW YORK, TO PAY COSTS OF VARIOUS CAPITAL ITEMS IN AND FOR SAID COUNTY WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, it is now desired to authorize the financing thereof. NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the County Legislature of the County of Schuyler, New York, as follows: Section 1. The following are hereby authorized in and for the County of Schuyler, New York: a) The purchase of a front-end loader, in and for said County, including incidental expenses in connection therewith, at a maximum estimated cost of $120,000. It is hereby determined that the plan for the financing of 43 PROCEEDINGS OF THE YEAR 2013 such specific object or purpose is by the issuance of $120,000 serial bonds of the $1,690,000 serial bonds authorized to be issued therefor pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, and b) The replacement of a bridge in and for said County, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $735,000. It is hereby determined that the plan for the financing of such specific object or purpose is by the issuance of $735,000 serial bonds of the $1,690,000 serial bonds authorized to be issued therefor pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law, and c) Road reconstruction and resurfacing throughout and in and for said County, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, at a maximum estimated cost to the County of $835,000. It is hereby determined that the plan for the financing of such class of objects or purposes is by the issuance of $835,000 serial bonds of the $1,690,000 serial bonds authorized to be issued therefor pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Section 2. SEQR DETERMINATION: It is hereby determined that the aforesaid purposes constitute Type II Actions under the SEQR regulations of the State of New York which, by definition, will not have any significant impacts upon the environment. Section 3. The faith and credit of said County of Schuyler, New York, are hereby irrevocable 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 4. 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 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 5. 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 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. 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 8. This resolution, which takes effect immediately, shall be published in summary form in 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 7-0. RESOLUTION NO. 105 Motion by Karius, Second by Larison. RE: AUTHORIZE AN AGREEMENT WITH BONADIO & CO., LLP FOR OCCUPANCY TAX CONSULTING SERVICES WHEREAS, the Legislature is looking to hire a consulting service to audit Occupancy Operators in Schuyler County, and WHEREAS, the Legislature is of the belief that such reviews will find current operators not complying with the Room Tax Local Law, and WHEREAS, Bonadio & Co., LLP is an accounting and business consulting firm with significant experience and is duly licensed to practice in the State of New York, and WHEREAS, it is economically and organizationally feasible for the Legislature to contract with Bonadio & Co., LLP for the consulting services, and WHEREAS, said services will be paid from Room Tax funds. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute an agreement with Bonadio & Co., LLP to perform Consulting Services relative to the Occupancy Operators in Schuyler for the Treasurer’s Department at a not to exceed amount of $10,000 annually, for a term of one year, effective upon signing, funding available in budget account no. 6410.436, subject to approval by the Schuyler County Attorney, and an amendment to the fifteen year agreement with the Watkins Glen Area Chamber of Commerce. Vote 7-0. RESOLUTION NO. 106 Motion by Larison, Second by Barnes. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS SENATE BILL S.03699 AND ASSEMBLY BILL A.05038 AUTHORIZING AN ADDITIONAL 1% SALES TAX FOR SCHUYLER COUNTY PURSUANT TO SECTION 40 OF THE MUNICIPAL HOME RULE LAW BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature pass Senate Bill S.03699 and Assembly Bill A.05038 to adopt special legislation, an act to amend the tax law, in relation to the tax law on sales and the compensating use tax to be imposed in the County of Schuyler, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator Thomas F. O’Mara, New York State Assemblyman Philip A. Palmesano, and to the Majority and Minority Leaders of the New York State Assembly and Senate. Vote 7-0. RESOLUTION NO. 107 Motion by Larison, Second by Barnes. RE: RECOGNIZE THE MONTH OF APRIL 2013 AS NATIONAL COUNTY GOVERNMENT MONTH “SMART JUSTICE” WHEREAS, the nation’s 3,068 counties provide a variety of essential public services to communities serving 300 million Americans, and WHEREAS, Schuyler County and all counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways, and WHEREAS, many County government initiatives involve the protection of valuable and vulnerable environmental resources in communities, and WHEREAS, the National Association of Counties is the only national organization that represents county governments in the United States, provides essential services to the nation’s counties, advances issues with a unified voice before the federal government, improves the public’s understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value- added services to save counties and taxpayers money, and 45 PROCEEDINGS OF THE YEAR 2013
WHEREAS, the National Association of Counties first celebrated National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation’s counties to meet the needs of the community, and WHEREAS, in recognition of the leadership, innovation and valuable service provided by the nation’s counties. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim April 2013 as National County Government Month in recognition of the leadership, innovation and valuable service provided by our nation’s counties. Vote 7-0. WITHDRAWN RE: AUTHORIZE ACCRUAL COMPENSATION FOR THE PLANNING DIRECTOR - WITHDRAWN WHEREAS, prior to 2013, Schuyler County contracted for Planning services through Cornell Cooperative Extension (CCE) to provide for a County mandated function, and WHEREAS, while performing this service on behalf of the County, CCE assumed full responsibility to include direct and indirect personnel costs associated with this service, and WHEREAS, effective January 1, 2013, Schuyler County resumed direct responsibility for the Planning function and hired CCE’s former Planning Director as a County employee, and WHEREAS, this transition, while seamless regarding the execution and delivery of the planning function, has resulted in a financial loss to the incumbent in this position, and WHEREAS, said incumbent has been performing planning services for the County since 2009, and absent the contractual arrangement has for all practical purposes been no different than a County employee during this time, and WHEREAS, it is the desire of the Legislature to recognize the unique circumstances associated with this recent transition and to be equitable in providing salary and benefits to all of its employees. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize the granting of 105 hours of vacation time and 154 hours of sick time to Rocky Kambo, Planning Director, to be added to his accrued benefit calculations as of March 1, 2013, and BE IT FURTHER RESOLVED, that nothing in this action is to be considered precedent setting and that the Legislature reserves solely unto itself the authority to modify salary and benefit calculations for Management & Confidential staff when circumstances warrant same. RESOLUTION NO. 108 Motion by Larison, Second by Barnes. RE: AUTHORIZE TWO YEAR APPOINTMENT TO THE SCHUYLER COUNTY PLANNING COMMISSION WHEREAS, there has been a vacancy for the Agriculture Representative on the Planning Commission, and WHEREAS, Ed Gates has expressed an interest in filling said vacancy. NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the appointment of Ed Gates to the Planning Commission for a term of March 1, 2013 through December 31, 2014. Vote 7-0. RESOLUTION NO. 109 Motion by Larison, Second by Barnes. RE: LOCAL LAW INTRO. NO. 1/LOCAL LAW NO. __ OF THE YEAR 2013 ABOLISHING THE ELECTED OFFICE OF COUNTY TREASURER AND CREATING AN APPOINTIVE OFFICE OF COUNTY DIRECTOR OF FINANCE FOR THE COUNTY OF SCHUYLER AND CAUSING A PROPOSITION TO BE SUBMITTED TO THE ELECTORATE AT THE NEXT GENERAL ELECTION WHEREAS, Local Law Intro. No. 1/Local Law No. _ of the Year 2013 abolishing the Elected Office of County Treasurer and Creating an Appointive Office of County Director of Finance for the County of Schuyler and Causing a Proposition to be submitted to the electorate at the next general election was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held March 11, 2013 at 6:45 p.m., 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 Local Law Intro. No. 1/Local Law No. _ of the Year 2013, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 1/Local Law No. _ of the Year 2013, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO NO. 1/LOCAL LAW NO. OF THE YEAR 2013 A Local Law abolishing the Elected Office of County Treasurer and Creating an Appointive Office of Director of Finance for the County of Schuyler and Causing a Proposition to be submitted to the electorate at the next general election. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. Legislative Intent A. The County of Schuyler is being increasingly required to administer various programs which are either unfunded or not adequately funded by the State and Federal governments. Such mandates, together with the revenue constraints of the County, require the best financial administration possible. B. It is the desire of the Schuyler County Legislature, in its continuing efforts to upgrade the administration of County government, to ensure to the effective management of the fiscal responsibilities of the County of Schuyler. C. The Schuyler County Legislature finds that, through a more efficient administration of the various fiscal affairs of Schuyler County, the County Legislature will be able to provide for better direction, control and coordination of Schuyler County governmental finances. Further, the timely reporting of the County’s fiscal position, statements of expenses and revenues, and cash flow will provide for improved day-to-day handling and management of the County’s fiscal affairs. D. It is the intention of the Schuyler County Legislature, through the enactment hereof; to provide for professional qualifications and professional background required of its Chief Fiscal Officer. E. It is the further intent of the Schuyler County Legislature, though the enactment hereof, to provide for the creation and appointment of a Director of Finance as the County’s professional Chief Fiscal Officer, having the professional qualifications, education and experience necessary for the position; and abolishing the elective Office of County Treasurer. By a mandatory referendum in accordance with the County Law, Section 575 and Municipal Home Rule Law, Section 10, it is the intent to change from an elective County Treasurer to an appointive Director of Finance after a referendum conducted in all respects under the provision of Municipal Home Rule Law, Section 23. F. It is not the purpose or intent of the Schuyler County Legislature in the adoption of this local law to curtail, diminish, transfer or divest the Schuyler County Legislature of any of its functions, powers or duties. SECTION 2. Abolishing the elective Office of County Treasurer. The elected position of County Treasurer as provided in Section 400, subparagraph I of the County Law is abolished effective December 31, 2013. SECTION 3. Creating the appointive Office of Director of Finance Effective January 1, 2014, there shall be a Department of Finance headed by the Director of Finance, who shall be appointed on the basis of his or her professional, educational, and administrative qualification; the Director of Finance shall be appointed by the County Legislature pursuant to standard policy regarding appointment of department heads. SECTION 4. Appointment, Distinguishing Features of the Office, Term of Office A. There shall be an appointed Director of Finance who shall be directly responsible to the County Legislature, through the County Administrator and the Management and Finance Committee, and on behalf of Schuyler County, shall perform the functions of Chief Fiscal Officer, with the Schuyler County Legislature retaining the final administrative authority. The position of Director of Finance shall be classified by Civil Service. B. The work involves the responsibility for fiscal management activities and carries authority as the Chief Fiscal Officer. The Director of Finance has all of the powers and performs all of the duties of a Chief 47 PROCEEDINGS OF THE YEAR 2013
Accounting Officer of Schuyler County. The work involves responsibility for directing and maintaining the financial records of the County in the manner prescribed by the New York State Department of Audit and Control, as well as, insuring these record keeping activities are carried out in accordance with all applicable laws and regulations governing local government. C. The Director of Finance shall exercise direct supervision over the fiscal operations of County departments and agencies. Typical work activities shall include but not be limited to: (1). Maintains custody of all Schuyler County funds, manages all investments and maintains all financial records and accounts of all units of County government charged with duties relating to funds of the County; (2). Provides and keeps a record keeping system showing all appropriations, funds and expenditures, together with the name of the claimant and amounts; (3). Keeps a separate account of each County department and special funds; (i.e. Court, Trust and Agency, etc.) (4). Conducts the sale of bonds and notes and keeps a record of all bonded indebtedness and other loans; (5). Collects and Remits various local and State taxes; (6). Reconciles bank statements; (7). Submits statement of County finance to the Schuyler County Legislature and County Administrator in a timely fashion at least monthly or as otherwise requested or directed; (8). Prescribes approved methods and forms for financial accounting and record keeping and provides oversight of all County offices; (9). Certifies the availability of funds for all contracts, purchase orders and other financial obligations incurred by the County; (10). Provides for a system of encumbrances, and maintains records; (11). Prepares Department of Finance’s proposed annual budget; (12). Advises Schuyler County Legislature on fiscal matters; (13). Reviews and approves State and Federal aid claims; (14) Assists in the preparation of the independent audit, participating in the timely review of the results of said audit and the preparation of the corrective action plan with the Management and Finance Committee, and reports progress on corrective action to the Management and Finance Committee through to completion of corrective actions. D. Full Performance Knowledge, Skills, Abilities and Personal Characteristics; (1). Thorough knowledge of the principles and practices of modem public fiscal administration, including internal auditing, account and fiscal management; (2). Good knowledge of the practices and principles of supervision; (3). General knowledge of purchasing procedures; working knowledge of state finance laws; working knowledge of bond markets; (4). Ability to plan and supervise the work of others; (5). Ability to establish and maintain satisfactory working relationship with others; (6). Ability to follow and understand complex oral and ‘written instruction; (7). Ability to issue complex oral and written instructions; (8). Initiative; integrity; resourcefulness, good judgment; (9). Physical condition commensurate with the demands of the position. E. The appointment of the Director of Finance shall commence on January 1, 2014 and shall expire on December 31, 2015. Subsequent terms of office shall be for four (4) years. SECTION 5. Qualifications A. At the time of appointment, the Director of Finance shall have the following training and/or experience: (1). Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Master’s Degree in Accounting, Public Administration or Business Administration or a related field, which must have included or been supplemented by at least twelve credits in accounting AND four (4) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (2). Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Bachelor’s Degree in Accounting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accounting AND six (6) years of paid full- time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (3) Graduation from the regionally accredited college or university, or one accredited by the New York State Board of Regents to grant two year degrees, with an Associate’s Degree in Accounting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accounting AND eight (8) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (4). Ten (10) years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two (2) years of which shall be in governmental accounting; OR (5). An equivalent combination of training and experience as defined by the limits of 1, 2, 3 and 4 above. The Director of Finance shall be appointed on the basis of these and such other qualifications as may be required for the responsibilities of the Office. B. The appointee’s domicile need not be in Schuyler County at the time of appointment but shall become so within ninety (90) days of the appointment and remain so during his or her term of office. Failure to be domiciled or to remain so in Schuyler County as stated herein shall be cause for dismissal by the Schuyler County Legislature without other or further notice. SECTION 6. Salary The Director of Finance shall receive an annual salary to be fixed by the Schuyler County Legislature. SECTION 7. Powers and Duties A. Without curtailing, diminishing or transferring the powers of any elected or appointed County official, the Director of Finance shall be responsible for the overall administration of the County government finances. B. The Director of Finance shall perform all the duties now and hereafter conferred or imposed upon the Office by law and directed by the County Legislature and shall have all the powers and perform all the duties necessarily implied or incidental thereto. Among such powers and duties, but not by way of limitation, are the following: (1). have general superintendence over the fiscal affairs of the County. (2). keep books and records at the expense of the County showing all appropriations, funds and expenditures together with the name of the claimant and the amounts and nature thereof; (3). keep a separate account for each County officer or department and special funds; (4). keep a record of all bonded indebtedness and other loans and conduct the sale of all bonds pursuant to the provisions of the local finance law; (5). procure bank statements from depositaries of County funds at least once a month and reconcile them with the books and records; (6). at least annually review all books and records, vouchers and other papers pertaining to the money, funds and property of the County and render a report thereon to the Schuyler County Legislature as to whether proper books and records have been kept and all moneys and property of the County accounted for; (7). cause to be printed within thirty (30) days after the close of the fiscal year for distribution to the Schuyler County Legislature, County officers and the public, a verified statement in summary form showing the receipts of money from all sources, the expenditures and balances by funds, and bonded indebtedness together with the terms of payment and the balance unpaid and such other information as may be deemed proper or directed by the Schuyler County Legislature. (8). perform such additional and related duties as may be prescribed by law or directed by the Schuyler County Legislature. 49 PROCEEDINGS OF THE YEAR 2013
C. The Director of Finance shall, before he or she enters upon the duties of his or her Office, take the constitutional Oath of Office and execute to the County and file an official undertaking as provided in Section Eleven of the Public Officers Law. D. The Director of Finance within ten days after entering upon the duties of his or her Office shall appoint a Deputy Director of Finance meeting the minimum qualifications established by Civil Service. Such appointment shall be in writing under his or her hand and seal and be filed and recorded in the office of the County Clerk. He or she shall perform such duties as may be assigned by the Director of Finance, and during the temporary absence of the Director of Finance he or she shall act as the Director of Finance. SECTION 8. Acting Director of Finance In the event of a vacancy in the Office of Director of Finance or inability of the incumbent to perform and exercise the powers and duties of the Office of Director of Finance, the Deputy Director of Finance may continue to act as Director of Finance or another qualified County Officer may be appointed Acting Director of Finance by the Schuyler County Legislature provided there is no incompatibility of office under the law. SECTION 9. No Divestiture of Powers And Duties of Legislature Nothing contained in this local law shall operate or be construed to divest the Schuyler County Legislature of any of its functions, powers and duties. SECTION 10. Severability of Provisions If any clause, sentence, paragraph, subdivision, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree, or order shall not affect, impair of invalidate the remainder thereof, but shall be confirmed in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order have been rendered. SECTION 11. Construction of Local Law A. This law shall be liberally construed to effectuate the purposes thereof and to provide an appointive chief fiscal officer in compliance with the requirements of law. B. It is intended that through this law all duties associated with the elective Office of County Treasurer be transferred to the appointive Office of Director of Finance. SECTION 12. Conflict With Previous Local Laws and Resolutions In the event of a conflict or inconsistency between this local law and any previous local laws or resolution of the County Legislature, this local law shall govern. SECTION 13. Referendum A. The local law shall be placed on the ballot for the election to be held on November 5, 2013. B. The form of the proposition shall be as follows: “Shall the elective Office of County Treasurer be abolished and the appointive Office of Director of Finance be created in Schuyler County as approved by the Schuyler County Legislature in Local Law No. , 2013” SECTION 14. Effective Date A. This local law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully; and B. This local law shall take effect when it has been duly filed in the Office of the Secretary of State and as provided by this local law. Vote 7-0. RESOLUTION NO. 110 Motion by Larison, Second by Barnes. RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) additional Resolution be brought to the floor. Vote 7-0. RESOLUTION NO. 111 Motion by Larison, Second by Barnes. RE: AUTHORIZE LEASE AGREEMENT WITH SOUTHERN TIER NETWORK - BUILDINGS AND GROUNDS WHEREAS, there is vacant office space at the Courthouse Complex at 105 Ninth Street, Watkins Glen, and WHEREAS, Southern Tier Network is seeking office space to lease. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a Lease Agreement with the Southern Tier Network for use of Room B120 (399 sq ft), at the Courthouse Complex for the term of: effective upon signing through December 31, 2013, at a annual prorated cost of $9,000, (12,000 annually), subject to the approval of the Schuyler County Attorney. Vote 7-0. NEW BUSINESS: Chairman Fagan stated that he wished to bring an additional Resolution to the floor regarding a study for the possible consolidation of Schuyler and Yates Counties. He explained that this is an efficiency grant application to the State of New York. They will be looking at the possibility of consolidation of services, departments, everything. Both Counties are in tough financial times now, and we are not getting any meaningful mandate relief from the State. So, they are forced to do something different. They will continue to perform the services, just deliver them in a different form. Schuyler has been used as a model at the State for Shared Services in the past with our Records Management Facility and our Shared Public Works Facility. Both Yates and Schuyler share very similar demographics as well. Legislator Larison wanted to bring attention to the shared Weights and Measurer’s Director Position they now share with Chemung County. This is working out very well. RESOLUTION NO. 112 Motion by Field, Second by Barnes. RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) additional Resolution be brought to the floor. Vote 7-0. RESOLUTION NO. 113 Motion by Field, Second by Barnes. RE: RESOLUTION SUPPORTING A CO-APPLICATION WITH THE COUNTY OF YATES TO THE NEW YORK STATE DEPARTMENT OF STATE LOCAL GOVERNMENT EFFICIENCY GRANT (LGEG) PROGRAM FOR A CONSOLIDATION OF SERVICES STUDY WHEREAS, for fiscal year 2013, the Yates County Legislature imposed a tax levy increase in excess of 14.5% over the tax levy of 2012, and WHEREAS, for fiscal year 2013, the Schuyler County Legislature imposed a tax levy increase in excess of 5.9% over the tax levy of 2012, and WHEREAS, the aforementioned Counties agree that absent substantive relief from costs associated with delivering services on behalf of the State of New York, the current path is unsustainable, and WHEREAS, the Yates and Schuyler County Legislatures considers tax levy increases of the sort imposed for 2013 as undesirable and untenable, and WHEREAS, potential remedies to reduce the costs of Yates and Schuyler County government may lie in cooperation to deliver services, consolidation of departments, or any other measures that achieve efficiencies through collaboration, and WHEREAS, a comprehensive examination of possible approaches to achieve reduction in cost of local government is deemed necessary before embarking on short and long term actions, and WHEREAS, in recognition of the aforementioned, Yates County and Schuyler County will be applying for a grant from the New York State Department of State Local Government Efficiency Grant (LGEG) program to conduct a study to determine the feasibility of consolidating individual services that each county currently provides so that these services are provided jointly to the population of both counties, and WHEREAS, the County of Schuyler will be the lead applicant for the grant, with the 10% local share match being split evenly between both applicants. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Schuyler County Administrator to apply to New York State for a grant in the amount of $100,000 to examine possible approaches to achieve reduction of local government cost in both Counties, and BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the County Administrators, Legislature Chairs and State Senate and Assembly representatives in both Schuyler and Yates Counties. Vote 7-0. UNFINISHED BUSINESS: None. 51 PROCEEDINGS OF THE YEAR 2013
REPORT ON STANDING COMMITTEES: Legislator Barnes expressed concerns with a letter he received from the CSEA Union regarding the closure of the Finger Lakes DDSO campus. This is putting sex offenders back on the streets. This situation caused a lock down situation in Tompkins County. The State is mandating such closers and this concerns him. He would like this discussed at his next Public Safety/Criminal Justice Committee Meeting in March. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that he had a meeting with an Elmira College representative that is possibly interested in a satellite location here in Schuyler County. Talks are progressing, and Elmira College would like to be in a position to have classes start in the fall. There is an initiative with Elmira College and Corning Community College as well. He also reported on the Federal Sequestration. In the beginning it looked as though it would be a ten thousand dollar ($10,000) hit for the Office for the Aging. This would have affected the congregate meal programs, legal services and the title programs they supply. The cuts are now at one thousand ($1,000), and the State is still in a flux. There will be some local impact. He then reported that the State had announced the broad band award. Southern Tier Network was not awarded. Yates County was. This would give Yates County the ability to expand into Ontario County. He has also been invited to a National Broad Band Conference to be held in Texas, in April. All travel expenses will be funded by Southern Tier Network. The steps to address the school consolidation study have been well attended. Binghamton University will be developing a countywide survey to get the general feeling on mandated versus non-mandated. PUBLIC PARTICIPATION: Mr. Marcellus expressed his concerns again regarding the Resolution to hire Bonadio for auditing Room Tax. He hopes that it is not misdirected and we don’t end up with a result that was not intended. Administrator O’Hearn suggested that when this moves forward, maybe a meeting would be in order with the Lodging Association. He requested that Mr. Marcellus set that up. Chairman Fagan explained the reason for the audit and how it will be funded through funds from the Watkins Glen Area Chamber of Commerce Contract. He thanked everyone for attending this evening, and extended an open invitation to continue to attend our other meetings in the future. He also acknowledged the Sheriff and the County Clerk’s efforts with the SAFE Act Resolution. The Meeting adjourned at 7:22 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk
REGULAR MEETING APRIL 8, 2013
The April 8, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of Silence. All Legislators were present except Legislators Karius and Yuhasz who were excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Alan Hurley asked a couple of questions regarding the fire at the Shared Public Works Facility and the Election Districts. Chairman Fagan answered his questions about the Election Districts and Administrator O’Hearn answered the questions about the Shared Public Works Facility. Mr. Mark Rondinaro wished to echo Legislator Halpin’s comments at the April 3, 2013 Legislative Resolution Review Committee meeting for Intro. 16, it is completely a cosmetic function. No small business could afford such a treatment. Ms. Sue Brill commented on Intro. No. 23. She heard Chairman Fagan comment that the County has no problem with voter turnout, but if we lower the polling places we will. Chairman Fagan explained that this is a a request to reduce election districts, not polling places. This has nothing to do with travel or a place to vote, and there should be no inconvenience. There are two in Hector, one in Montour and one in Dix that would closed. Mr. Hurley asked if the amount of poll workers would remain the same. Chairman Fagan said no, it would reduce them by 20% by reducing the number of machines required. RESOLUTION NO. 114 Motion by Larison, Second by Field. RE: APPROVE MINUTES OF THE MARCH 11, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the March 11, 2013 Regular Meeting of the Schuyler County Legislature be approved. Vote 6-0. RESOLUTION NO. 115 Motion by Larison, Second by Barnes. RE: AUTHORIZE CREATION OF AND APPOINTMENTS TO THE STEERING COMMITTEE FOR THE COUNTY-WIDE COMPREHENSIVE PLAN WHEREAS, the Schuyler County Legislature hereby wishes to create a Steering Committee for the County- Wide Comprehensive Plan, to be comprised of representatives from the Planning Commission, general public and representative(s) from each municipality within Schuyler County, to be charged with: 1. Overseeing the development of the plan. 2. Hiring of consultants and reviewing Plan drafts to ensure adequate representation of their communities issues, goals and perspectives are within the Plan. 3. Providing their municipality with Plan progress and status updates. 4. Overseeing the adoption and/or implementation of goals, objectives and strategies outlined in the Plan. NOW, THEREFORE, BE IT RESOLVED, that the Steering Committee for the County-Wide Comprehensive Plan be created with the primary task of the completion of the Plan, and BE IT FURTHER RESOLVED, that the Legislature hereby authorizes the appointments of the following individuals to the Steering Committee, to serve until further notice: Planning Commission: Municipal Representatives: Hector Michael Bergen Burdett Dale Walter Montour Kate Bartholomew Catharine Carmella Hoffman/Glenn Bleiler Montour Falls Sarah Chicone County (CDNR Dennis Fagan Reading Chad Hendrickson Dix Phil Barnes/Scott Yaw Hector Mike Bergen Public: Montour Bruce Melanson Resident Jim Murphy Montour Falls Jim Howell/Jim Ryan/John King Odessa Tracy Gavich Orange Kristin Haner/Carol Rhodes Reading Judy Richards Tyrone Jack Wilbert Watkins Glen Chris Bond Vote 6-0. RESOLUTION NO. 116 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT WITH SUSAN LARSON FOR ADMINISTRATIVE SUPPORT TO THE SCHUYLER COUNTY PLANNING COMMISSION – PLANNING DEPARTMENT WHEREAS, the Planning Commission requires administrative support in the form of taking and transcribing minutes at regular meetings, and WHEREAS, Susan Larson has experience providing administrative support to the Planning Commission, and WHEREAS, Susan Larson has agreed to provide said support for the Planning Commission at a rate of $50 per meeting. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Susan Larson for administrative support to the Schuyler County Planning Commission at a rate of $50 per meeting for the term April 1, 2013 through December 31, 2013, funding available in the 2013 Planning Department budget account no. 8020.0331; subject to approval of the Schuyler County Attorney. 53 PROCEEDINGS OF THE YEAR 2013
Vote 6-0. RESOLUTION NO. 117 Motion by Larison, Second by Barnes. RE: AUTHORIZE AMENDMENT TO THE 2012-2026 AGREEMENT WITH THE WATKINS GLEN AREA CHAMBER OF COMMERCE TO PAY FOR OCCUPANCY TAX CONSULTING SERVICES WHEREAS, the Legislature, by Resolution No. 105-13, authorized an agreement with Bonadio & Co., LLP for Occupancy Tax Consulting Services at a not to exceed amount of $10,000 annually, and WHEREAS, the Watkins Glen Area Chamber of Commerce agrees to amend their fifteen-year agreement to authorize room tax funds be used to pay for said Occupancy Tax Consulting Services and other associated costs related to administration of the local law provisions. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an amendment to the 2012-2026 agreement with the Watkins Glen Area Chamber of Commerce to authorize room tax funds to be used for Occupancy Tax Administrative Services, subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 118 Motion by Halpin, Second by Field. RE: AUTHORIZE TANF SUMMER YOUTH EMPLOYMENT PROGRAM – YOUTH BUREAU WHEREAS, there is a large portion of youth who are actively pursuing employment that do not meet the strict income criteria of the Workforce Investment Act Employment Program, and WHEREAS, the Schuyler County Youth Bureau through a contract with the Department of Social Services, will implement the Summer Youth TANF Employment program, provided funds are available, and WHEREAS, the program will employ up to 20 youth with the wages for the youth and supervisors paid through the TANF money. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Youth Bureau is hereby authorized to hire and implement the above mentioned employment program from May 1, 2013 through September 30, 2013 for youth ages 14 – 21, and that the Chairman of the Legislature be hereby authorized to sign the contract, subject to approval by the County Attorney. Vote 6-0. RESOLUTION NO. 119 Motion by Halpin, Second by Field. RE: AUTHORIZE SCHUYLER COUNTY YOUTH BUREAU RESOURCE ALLOCATION PLAN FOR 2013 AND RELATED CONTRACTS – YOUTH BUREAU WHEREAS, the Schuyler County Youth Bureau has prepared and the Schuyler County Youth Board has approved a Resource Allocation Plan for the year 2013 and recommends approval thereof. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the Resource Allocation Plan and to execute all other documents pertinent to the operation of the Schuyler County Youth Bureau for the year 2013 within budgeted allocations; subject to approval of the Schuyler County Attorney, as follows: Cornell Cooperative Extension Catholic Charities of the Southern Tier Vote 6-0. RESOLUTION NO. 120 Motion by Halpin, Second by Field. RE: DELEGATE AUTHORITY TO SIGN AMENDMENTS – YOUTH BUREAU WHEREAS, the New York Office of Children and Family Services (OCFS) allows the County Chief Executive to delegate authority to their County’s Youth Bureau Directors to sign all amendments to their County’s approved Allocation Plan, and WHEREAS, Schuyler County has already given authority to their Youth Bureau Director to sign amendments to the fullest extent of his/her authority by OCFS standards. NOW THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize its Chairman to delegate authority to the Schuyler County Youth Bureau Director to sign OCFS amendments to the Schuler County approved Resource Allocation Plan after approval from the Schuyler County Youth Board and with appropriate reporting to the Human Service Committee of the Legislature. Vote 6-0. RESOLUTION NO. 121 Motion by Halpin, Second by Field. RE: AUTHORIZE THE AGREEMENT BETWEEN THE YOUTH BUREAU AND THE DEPARTMENT OF SOCIAL SERVICES FOR THE PINS DIVERSION PROGRAM – YOUTH BUREAU WHEREAS, there is a need for Crisis and Prevention (CAP) workers to administer the Person in Need of Supervision (PINS) Diversion Program, and WHEREAS, the Department of Social Services contracts with the Glove House to provide the workers for the PINS Diversion Program and has funds available through the Child Welfare Funds to reimburse the Youth Bureau for office space. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign an agreement with the Department of Social Services to reimburse the Youth Bureau for the space used at a cost not to exceed $6,245.00, for the term of January 1, 2013 through December 31, 2013, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLTUION NO. 122 Motion by Halpin, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR NEW YORK STATE SUICIDE PREVENTION INITIATIVE 2013 MENTAL HEALTH ASSOCIATION OF NEW YORK STATE (MHANYS) LOCAL MINI-GRANTS – YOUTH BUREAU WHEREAS, the Youth Bureau is a member of the Suicide Awareness for Everyone Coalition in Schuyler County, and WHEREAS, this coalition has been formed to bring public awareness, support and education to the community, and WHEREAS, the grant covers the period from June 1, 2013 to December 31, 2013, and WHEREAS, the Schuyler County Youth Bureau will be the oversight and fiscal agency for the grant, and WHEREAS, the MHANYS Local Mini Grant offers funding up to $10,000 and there is no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the aforementioned grant application for funding for the MHANYS Local Mini-Grants and any subsequent contracts; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 123 Motion by Halpin, Second by Field. RE: AUTHORIZE CHANGING POSITION OF FOOD SERVICES HELPER FROM TEMPORARY TO PERMANENT – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as a vital part of its mission, serves an average of over twenty-seven thousand (27,000) home delivered meals and over thirteen thousand (13,000) congregate meals on an annual basis to residents of Schuyler County who are sixty years and older, and WHEREAS, there is a need for three individuals in the kitchen to produce the meals served, and WHEREAS, the position of Food Service Helper was created and filled in October of 2012 to provide for three kitchen workers, and WHEREAS, the position of Food Service Helper was created as a temporary position pending the outcome of the budget, and WHEREAS, funds for the payment of this position have been budgeted and provided for by Title III C of the Older Americans Act, the NYS Supplemental Nutritional Assistance Program, the NYS Expanded In- Home Services for the Elderly Program, and the Schuyler County Budget, and WHEREAS, the Office for the Aging has stayed within the enacted budget despite reductions. NOW, THEREFORE, BE IT RESOLVED, that the Office for the Aging be authorized to change the temporary position for Food Service Helper to permanent. Vote 6-0. RESOLUTION NO. 124 Motion by Halpin, Second by Field. 55 PROCEEDINGS OF THE YEAR 2013
RE: AUTHORIZE AGREEMENT WITH STAFKINGS FOR PCI, PCII, AND IN-HOUSE CONTACT AND SUPPORT UNDER EISEP AND SUPERVISION (RESPITE) SERVICES UNDER THE TITLE IIIE CAREGIVER PROGRAM – OFFICE FOR THE AGING WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) includes aide service for personal care, housekeeping, and in-home contact and support, and the Title IIIE Caregiver program includes aide service for in-home respite services, and WHEREAS, the Stafkings home care agency can provide aides for said services, and WHEREAS, the current agreement with Stafkings, Inc. provides coverage at the approved 2011 Medicaid rate, and WHEREAS, the 2012 approved rates have been received and requested by Stafkings, Inc., and WHEREAS, the 2013-2014 EISEP and 2013 IIIE budgets include funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Stafkings home care agency to provide the necessary aide service at a rate not to exceed $102,300 for the term of April 1, 2013 through March 31, 2014, said contract subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 125 Motion by Halpin, Second by Field. RE: AUTHORIZE AN AGREEMENT WITH NEW YORK STATE EARLY INTERVENTION FOR SERVICE COORDINATION SERVICES - PUBLIC HEALTH WHEREAS, Schuyler County Public Health provides service coordination for the Early Intervention Program that is not covered by the Early Intervention Grant and is billed through the same process as other services and, WHEREAS, as of April 1, 2013 all service providers are required to enter into agreements with the Early Intervention Program and submit their billing to a new State Contracted fiduciary instead of with Counties. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute an agreement for Early Intervention Service Coordination with the New York State Department of Health and sign any and all documents related to this grant, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 126 Motion by Halpin, Second by Field. RE: AUTHORIZE AN AGREEMENT WITH STERICYCLE - PUBLIC HEALTH – RESCINDED BY RESOLUTION NO. 371-14 WHEREAS, Public Health generates medical waste due to clinic activities, and Article 28 clinic regulations now require disposal of medical waste minimally every 60 days, and WHEREAS, Stericyle has been collecting and disposing of these medical wastes on an as needed basis as a billed service, and WHEREAS, Stericycle will require a signed agreement with Public Health in order to set up a routine pickup schedule at the cost of $120 monthly. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute an agreement with Stericycle for the period of March 1, 2013 through June 30, 2014, at the cost of $120 a month, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 127 Motion by Halpin, Second by Barnes. RE: AUTHORIZE AN AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH TO TRANSFER FUNDS INTO AN ESCROW ACCOUNT- PUBLIC HEALTH WHEREAS, Schuyler County Public Health has been paying all Early Intervention Providers for their services to children found eligible for the Early Intervention Program, and WHEREAS, as of April 1, 2013 all service providers are required to enter into agreements with the New York State Early Intervention Program and submit their billing to a new State contracted fiduciary instead of with counties, and WHEREAS, the New York State Department of Health is establishing an escrow account, into which each municipality will be required to transfer a predetermined amount of money quarterly, for the State fiduciary to use to pay the Early Intervention providers for services rendered after April 1, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to execute an agreement with the New York State Department of Health to establish this process, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 128 Motion by Halpin, Second by Barnes. RE: OPPOSITION OF THE NEW YORK STATE SECURE AMMUNITION AND FIREARMS ENFORCEMENT (SAFE) ACT OF 2013 – COMMUNITY SERVICES WHEREAS, the New York State Secure Ammunition and Firearms Enforcement (NYS SAFE) Act of 2013, which was rushed to passage by the New York State Senate, Assembly and Governor, will not have the desired impact of reducing violence with weapons, since it does nothing to prevent an individual from buying weapons that do not require a license, even if the individual was recently released from psychiatric hospitalization, and WHEREAS, the Conference of Local Mental Hygiene Directors (CLMHD) is working to have the role of the Director of Community Services (DCS) removed entirely from the requirement that all 9.46 reports be made by the DCS to Division of Criminal Justice Services (DCJS) that being a position Schuyler County Legislature supports, and WHEREAS, the SAFE Act of 2013 also adds to the unfunded mandates, one being the County’s responsibility for court-ordered Assisted Outpatient Treatment (AOT) responsibilities and the second being the 9.46 reporting procedure to DCJS, and WHEREAS, the SAFE Act of 2013 increases the probability of additional AOT cases being monitored by the DCS, and WHEREAS, a report is not required when, in the Mental Health Professional’s (MHP) reasonable clinical judgment, such report would endanger that MHP, which is precisely the situation for which a report should be made, and WHEREAS, only about 4% of violent crimes are committed by people with mental illness and a person with mental illness is 11% more likely to be assaulted by someone without a mental illness, and WHEREAS, the County supports early assessment and treatment of individuals with severe mental illness, and WHEREAS, the enactment of the SAFE Act of 2013 has engendered significant controversy over both the process by which it was enacted and certain provisions contained within, and WHEREAS, the rushed manner in which this legislation was brought forward for vote in the State Legislature is deeply disturbing to the Schuyler County Legislature. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby oppose the enactment of the New York State Security Ammunition and Firearms Enforcement Act of 2013 because it imposes yet more unfunded mandates upon the County, as well as increasing the potential risk of further stigmatizing the mentally ill population, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the Governor of the State of New York, Senator Thomas O’Mara, Assemblyman Philip Palmesano, and the New York State Association of Counties. Vote 6-0. RESOLUTION NO. 129 Motion by Halpin, Second by Barnes. RE: RECOGNIZE APRIL 15-19, 2013 AS WEEK OF THE YOUNG CHILD WHEREAS, Schuyler Head Start, Inc. and other local organizations, in conjunction with the National Association for the Education of Young Children are celebrating the Week of the Young Child, April 15-19, 2013, and 57 PROCEEDINGS OF THE YEAR 2013
WHEREAS, these organizations are working to improve early learning opportunities, including early literacy programs, that can provide a foundation of learning for children in Schuyler County, New York, and WHEREAS, teachers and others who make a difference in the lives of young children in Schuyler County, New York deserve thanks and recognition, and WHEREAS, public policies that support early learning for all young children are crucial to young children’s futures. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby proclaim April 15-19, 2013 as the Week of the Young Child in Schuyler County, New York and encourage all citizens to work to make a good investment in early childhood in Schuyler County, New York. Vote 6-0. RESOLUTION NO. 130 Motion by Larison, Second by Barnes. RE: AUTHORIZE 2013 CONTRACT RENEWAL WITH TRUGREEN – BUILDINGS & GROUNDS - FAILED WHEREAS, Resolution 286-12 authorized a contract with TruGreen for Courthouse lawn treatment, and WHEREAS, weather conditions did not permit the full extent of the agreement, only allowing for an aeration and winterizer application, expending $465.00 of the $1,800.00 allotment, and WHEREAS, TruGreen has submitted a quote in the amount of $2,250.00 for the spring and fall services, and WHEREAS, this amount will include, early spring application, spring application, early summer application, early fall application, spring bed weed control, fall bed weed control, aeration and slit seeding. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with TruGreen, 6700 Commerce Blvd., Syracuse, NY 13211 for the ongoing maintenance of the Courthouse lawn for the term April 15, 2013 through December 31, 2013, funding available in the 2013 Buildings and Grounds budget account no. 001.1622.427, subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Halpin explained that she will be voting no on this Resolution as she did last year as well. She stated that the County had to borrow funds last year at the end of the year to pay bills and we had no fund balance. We are paying for a consultant for the TAN borrowing by Resolution on this agenda as well, so she feels there are no funds to pay for this extravagance. We need to gain fund balance to pay our pension costs and not borrow money again. Legislator Gifford disagreed and said this county is a tourist area and we chastise merchants for not taking care of their businesses out front, we need to take care of our front yard. We can pay our employees to do it and pay wages as well, but he feels a $2,000 expense is pittance to pay for tourism and for us to look good. Legislator Larison agrees with Legislator Gifford. Legislator Halpin said they could have a green lawn without hiring a company to do it. Small amounts over time add up. She is more concerned about taxpayers than tourists. The County placed the communications tower on the front lawn of the Courthouse in 1998 when folks thought it would affect tourism and it did not. Vote FAILED 3-3. Noes: Field, Halpin, Fagan. RESOLUTION NO. 131 Motion by Larison, Second by Barnes. RE: ADOPT VARIABLE MESSAGE SIGN (VMS) POLICY – HIGHWAY DEPARTMENT WHEREAS, Schuyler County Highway Department has acquired and utilized portable VMS to assist with traffic operations along the roadways within the County, and WHEREAS, the Highway Superintendent recommends a policy be established for consistent utilization of these signs. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts a Highway Department Variable Message Sign (VMS) policy, on file in the Legislative Office and the Highway Department. Vote 6-0. RESOLUTION NO. 132 Motion by Larison, Second by Barnes. RE: AUTHORIZE AMENDING RESOLUTION NO. 57-13 TITLED “AUTHORIZE AN INTERMUNICIPAL AGREEMENT WITH STEUBEN COUNTY – HIGHWAY DEPARTMENT” WHEREAS, Resolution No. 57-13 authorized an inter-municipal agreement with Steuben County with no costs involved. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 57-13 be amended to add the following additional Whereas clause below as follows: WHEREAS, the costs associated with said agreement are as follows: The Full Depth Road Reclaimer shall be invoiced at a daily rate of $4,000 with an hourly rate of $500 to be used if weather conditions or mechanical breakdowns will not permit the use of the machine for a full day. The Asphalt Zipper shall be invoiced at a daily rate of $1,000 with an hourly rate of $125 to be used if weather conditions or mechanical breakdowns will not permit the use of machine for a full day, said funding available in the 2013 budget. Vote 6-0. RESOLUTION NO. 133 Motion by Barnes, Second by Field. RE: RECOGNIZE THE WEEK OF APRIL 21-27, 2013 AS “NATIONAL VOLUNTEER APPRECIATION 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 the agencies and institutions of Schuyler County through countless hours of volunteering. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature does hereby recognize April 21-27, 2013 as “National Volunteer Appreciation 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 all of us. To each of them we express the thanks of a grateful citizenry. Vote 6-0. RESOLUTION NO. 134 Motion by Barnes, Second by Field. RE: LOCAL LAW INTRO. NO. 2 OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 2 of the year 2013, in the form hereto annexed be, and hereby is, introduced pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on May 13, 2013 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 2 OF THE YEAR 2013 A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2014, 2015, 2016, 2017. 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 2014, 2015, 2016, 2017. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2014 the annual salaries of the following officials shall be as follows below for the years 2014, 2015, 2016, and 2017. TITLE 2014 SALARY Sheriff $77,500 County Clerk $64,000 Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote 6-0. RESOLUTION NO. 135 Motion by Barnes, Second by Field. 59 PROCEEDINGS OF THE YEAR 2013
RE: RESOLUTION IN SUPPORT OF ASSEMBLY BILLS A.88 AND A.824 SENATE BILLS S.3655 AND S.4277 RELATIVE TO REQUIRING A PLAINTIFF IN A MORTGAGE FORECLOSURE ACTION TO PROVIDE CONTACT INFORMATION AND MAINTAIN THE SUBJECT PROPERTY IN GOOD FAITH FOR VACANT STRUCTURES WHEREAS, Schuyler County Legislature is in support of New York States proposed laws concerning contact information for vacant structures, and WHEREAS, vacant, abandoned and foreclosed homes and structures have proliferated throughout New York State over the last five (5) years, and WHEREAS, vacant structures that are not maintained for months at a time degrade and depreciate the value of the vacant structure as well as the value of surrounding properties, and WHEREAS, lending institutions that hold mortgages on said vacant structures do not always provide the contact information of a responsible party, and WHEREAS, Assembly Bill A.88 and A.824, Senate Bill S.3655 and S.4277, currently pending, would make it mandatory for lending institutions to provide contact information of responsible parties regarding vacant structures, and require good faith in obtaining a foreclosure. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby supports the passage of said Bills and respectfully requests that the State Representatives who represent constituents in the County of Schuyler support the passage of said bills, and BE IT FURTHER RESOLVED, that certified copies of this Resolution be sent to Governor Andrew M. Cuomo, Senator Thomas F. O’Mara, Assemblyman Philip A. Palmesano and Assemblyman Michael P. Kearns. Vote 6-0. RESOLUTION NO. 136 Motion by Barnes, Second by Halpin. RE: LOCAL LAW INTRO. NO. 3 OF THE YEAR 2013 IMPOSING A LIMITATION ON THE NUMBER OF CONSECUTIVE TERMS TO BE HELD BY MEMBERS OF THE SCHUYLER COUNTY LEGISLATURE WHEREAS, the Schuyler County Legislature wishes to limit the number of consecutive terms to be held by any member of the Schuyler County legislature as to not exceed twelve (12) consecutive years. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 3 of the year 2013 be, and hereby is, introduced in the form hereto annexed pursuant to the Municipal Home Rule Law, and BE IT FURTHER RESOLVED, that a public hearing shall be held upon said proposed Local Law on May 13, 2013 at 6:50 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO NO. 3 OF THE YEAR 2013 A Local Law Imposing a limitation on the number of consecutive terms to be held by members of the Schuyler County Legislature. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. LEGISLATIVE INTENT It is the intent of the within local law to limit the number of consecutive terms to be held by any member of the Schuyler County Legislature so as not to exceed twelve (12) consecutive years. SECTION 2. Commencing with the January 1, 2014 term, no person shall be elected to serve as a member of the Schuyler County Legislature for a period exceeding twelve (12) consecutive years as computed below. SECTION 3. COMPUTATION OF TERMS OF OFFICE Computation of the twelve (12) year period shall commence with that term of office first following election. Service rendered during an appointed term shall not be applicable. No person shall be precluded from finishing a term of office during which the twelfth (12th) consecutive year shall occur one year or more after assuming office. Said individual shall be permitted to finish his/her term of office despite the twelfth year occurring during his/her term of office. SECTION 4. EFFECTIVE DATE This Local Law shall become effective upon filing with the Secretary of State. Vote 5-1. Noes; Larison. RESOLUTION NO. 137 Motion by Barnes. Second by Halpin. RE: RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO ADOPT SPECIAL LEGISLATION TO ISSUE A VARIANCE OR EXEMPTION TO THE NUMBER OF REGISTERED VOTERS FOR EACH ELECTION DISTRICT REQUIRED FOR SMALL COUNTIES WITH A POPULATION UNDER 50,000 WHEREAS, with its recently voter approved redistricting plan, Schuyler County will have eighteen (18) election districts, thirteen (13) polling sites, and eight (8) legislative districts, and WHEREAS, Schuyler County has less than 12,000 registered voters with no legislative district having more than 1,600 registered voters, and WHEREAS, Schuyler County consistently has strong voter participation on the order of 70-75% with no problems with long wait lines at polling sites, and WHEREAS, Schuyler County could reduce its election district costs by 22% if it could receive a variance or exemption for allowing up to 2,000 registered voters for each election district. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby requests the New York State Legislature adopt special legislation to issue a variance or exemption for small counties under the population of 50,000 allowing up to 2,000 registered voters for each election district, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to New York State Senator Thomas F. O’Mara, New York State Assemblyman Philip A. Palmesano and to the Majority and Minority Leaders of the New York State Senate and Assembly. Vote 6-0. RESOLUTION NO. 138 Motion by Barnes, Second by Halpin. RE: AUTHORIZE A 2012-2013 CONTRACT WITH MUNICIPAL SOLUTIONS, INC. FOR TAX ANTICIPATION NOTE (TAN) CONSULTING – TREASURER WHEREAS, the Treasurer utilized Municipal Solutions, Inc. to perform Tax Anticipation Note (TAN) consulting services relative to the January 4, 2013 TAN in the amount of $2,000,000.00, and WHEREAS, a contract is required with Municipal Solutions, Inc. at a total cost of $1,806.08 for said services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Municipal Solutions, Inc. for the Treasurer’s Office for consulting services for the term November 6, 2012 through February 28, 2013, funding available in the 2013 Treasurer budget account no. 1325.0435-Prof. Fees & Services; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 139 Motion by Barnes, Second by Halpin. RE: AUTHORIZE/ACCEPT AND ESTABLISH A DISASTER RELIEF GRANT – RECORDS MANAGEMENT WHEREAS, records at the Shared Public Works Facility were recently damaged with smoke and soot in a fire that occurred on March 23, 2013 at the Shared Public Works Facility, and WHEREAS, the insurance on the building and the contents does not cover records unless they are completely destroyed, and WHEREAS, the Records Management Director would like to apply to the New York State Archives for disaster funds that are available to cover soot and smoke removal of said records, in the amount up to $20,000, with no local county match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign any and all documents relative to said grant with the New York State Archives for a Disaster Relief Grant for the term 2013, up to the amount of $20,000, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 140 Motion by Halpin, Second by Field. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote 6-0. RESOLUTION NO. 141 Motion by Halpin, Second by Field. 61 PROCEEDINGS OF THE YEAR 2013
RE: RECOGNIZE THE MONTH OF APRIL AS NATIONAL DONATE LIFE MONTH IN SCHUYLER COUNTY WHEREAS, Schuyler County residents demonstrate their commitment to one another in the most difficult of circumstances through organ, tissue, stem cell, and blood donation, and WHEREAS, during National Donate Life Month, we honor donors who provide others with a second chance for a healthy life and encourage more New Yorkers to share this precious gift, and WHEREAS, over 117,000 Americans await donation on the Organ Procurement and Transplantation Network waiting list, of which 10,000 New York State residents are among them, many of whom are from Schuyler County, and WHEREAS, many will receive a lifesaving transplant, but, for some, help will not come fast enough. Whether they are coping with kidney failure or recovering from severe injuries, these individuals’ lives depend on the compassion of a loved one or a complete stranger, and WHEREAS, across our state, we face a shortage of donors and an urgent need for help, and WHEREAS, 85% of New Yorkers think organ donation is good, but only 21% of eligible New Yorkers are registered to become organ donors, and WHEREAS, the nationwide average for enrollment is 45% with some states individually exceeding 75%, and WHEREAS, Schuyler County is responding with the spirit of generosity that has always defined the character of New Yorkers to always answer the call for help, and WHEREAS, each organ or tissue donor can save many lives, and becoming one is simple: join New York State’s donor registry, indicate your decision on your driver’s license, when you register to vote or by going online at MyDMV and inform loved ones of your decision, and WHEREAS, there is no age limit for donors, and because some conditions and blood types are more common in certain ethnic and racial populations, the Department of Health and Human Services especially encourages minorities to consider donation, and WHEREAS, you can visit hatethewait.org to learn more about the urgent need for donors and to find resources on how to donate, and WHEREAS, together, we can save lives and give hope to countless American families. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature acknowledges the month of April 2013 as “DONATE LIFE MONTH”. Vote 6-0. RESOLUTION NO. 142 Motion by Halpin, Second by Field. RE: RECOGNIZE MAY 6 – 12, 2013 AS NATIONAL NURSES’ WEEK – HEALTH SERVICES WHEREAS, nursing is often described as an art and a science, and WHEREAS, nursing is a profession that embraces dedicated people with varied interests, strengths and passions because of the many opportunities the profession offers, and WHEREAS, nurses work in public health, mental health, emergency rooms, school based clinics, homeless shelters, hospitals, doctors’ offices and many others, and WHEREAS, the many roles of nurses range from staff nurses to educators to nurse practitioners and nurse researchers for the good of patient safety, and WHEREAS qualified nurses are aging out of the workforce but will be needed more in the future, due to the aging of the general population. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes May 6 – 12, 2013 as National Nurses Week, and applauds all nurses who provide nursing care to the citizens of Schuyler County. Vote 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Halpin reported that the minimum wage increase should not affect the upcoming Summer Youth Employment program. As for the Federal Sequestration, it has impacted the County Office for the Aging with a loss of $4,500. Among the programs affected are home-delivered meals and the congregate meals sites around the county. She reported that Office for the Aging staff will make adjustments so residents will experience no loss of services. She also reported that the Proper team went to Cornell to meet with them to help them decide on programs. They decided to continue to provide the Strengthening Families Program that Cornell Cooperative Extension has provided for years. She also met with Mike Manzari in regards to the marketing of the Business Park. She has provided him with some ideas. Legislator Barnes reminded the legislators and public in attendance of the Schuyler Housing meeting to be held tomorrow at the Human Services Complex at 1:00 p.m. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported on the Shared Public Works Facility fire. He is meeting weekly with all occupants of the building. All departments have been relocated and are back in service. Last week the insurance adjuster looked at all of the equipment. No report has been submitted yet. HUNT Engineering also issued a report on the structural assessment. He shared some points from their report. All columns appear to be structurally sound. This will not be a fast process, but it is underway. He also gave the Legislature an update on the latest report from New York State Association of County relative to the New York State 2013- 2014 Budget. There are some success stories, such as a stable rate pension plan, and Medicaid savings for us this year. The enhanced home rule authority did not pass and the binding arbitration sunsets this year with no revision. Overall compared to other years counties fared much better. PUBLIC PARTICIPATION: Mr. Hurley questioned the fire at the Public Works Facility with logistics and asked if there were any added costs. Administrator O’Hearn said they were minimal as we did a lot ourselves, but any costs are to be reimbursed by our insurance. Mr. Hurley also stated that the money saved by voting down the TruGreen Resolution would be better spent on Office for the Aging meal site program. Mrs. Charlotte Dickens asked if there were any sprinkler system at the Shared Public Works Facility. Administrator O’Hearn explained that there were none, and they were not required. Chairman Fagan said that they were cutting spending on the building when it was built. Chairman Fagan made a statement relative to the Federal Sequestration. He said it is just lowering the growth of spending. They simply do not know how to keep their own house in order. MOTION by Legislator Larison, SECOND by Legislator Field to go into executive session to to discuss employee work history and litigation. Motion carried six ayes to zero noes. MOTION by Legislator Gifford, SECOND by Legislator Field to come out of executive session. Motion carried six ayes to zero noes. The Meeting adjourned at 7:50 p.m. Stacy B. Husted, Clerk
SPECIAL MEETING APRIL 24, 2013
The April 24, 2013 Special Meeting of the Schuyler County Legislature was called to order at 9:10 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present except Legislators Karius who was excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 143 Motion by Larison, Second by Halpin. RE: RATIFICATION OF SPECIAL MEETING 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. AUTHORIZE CONTRACT WITH ADJUSTERS INTERNATIONAL//BASLOE, LEVIN & CUCCARO, LTD. 63 PROCEEDINGS OF THE YEAR 2013
2. AUTHORIZE SETTLEMENT AGREEMENT WITH WENDE APGAR Vote: 7-0. RESOLUTION NO. 144 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH ADJUSTERS INTERNATIONAL/BASLOE, LEVIN & CUCCARO, LTD. WHEREAS, there is a need to retain a third party to represent the County in dealing with all insurance recoveries associated with the fire at the Shared Public Works Facility, and WHEREAS, Adjusters International/Basloe, Levin & Cuccaro, Ltd. (AI/BLC) has offered to represent the County and ensure that our insurance coverage is maximized for a three percent (3% Contingency Fee. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with AI/BLC for assistance with our insurance claim, effective March 25, 2013 until such time the insurance claim is closed, funding available from insurance; subject to approval of the Schuyler County Attorney. Vote: 7-0. RESOLUTION NO. 145 Motion by Larison, Second by Halpin. RE: AUTHORIZE SETTLEMENT AGREEMENT WITH WENDY APGAR BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Settlement Agreement with Wende Apgar, subject to the approval of labor counsel, and the Schuyler County Attorney. Vote: 7-0. PUBLIC PARTICIPATION: None. MOTION by Legislator Larison to acknowledge Administrative Professional’s Day today and say thank you to those professionals in the County, SECOND by Legislator Halpin. Motion carried seven ayes to zero noes. The Meeting adjourned at 9:13 a.m. Stacy B. Husted, Clerk
REGULAR MEETING MAY 13, 2013
The May 13, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of Silence. All Legislators were present except Legislators Karius and Field who were excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Mark Rondinaro asked about the two local laws on the agenda, one of them being a pay increase for the Legislators. Chairman Fagan informed Mr. Rondinaro that was going to be withdrawn and not acted on this evening. Mr. Alan Hurley questioned the settlement with Mid-Stream and asked what it equated to. Chairman Fagan explained that over the next four years it would be at $29 million, $26 million, $24 million then $22 million. They had requested a $15 million dollar reduction, and it came down to negotiations with Mid Stream and the State of New York. Mr. Hurley also asked about the status with the Walmart settlement. Chairman Fagan said that they would be discussing this at next month’s meeting. 6:45 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 2 OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS: Mr. Hurley asked if this was for Management and Confidential Employees. Chairman Fagan explained that this was Elected Officials only, that being the Sheriff and the County Clerk. Mr. Hurley asked what it was the previous year. Administrator O’Hearn explained that it is a 5% increase over the four year term.
6:50 P.M. PUBLIC HEARING ON LOCAL LAW INTRO. NO. 3 OF THE YEAR 2013 IMPOSING A LIMITATION OF THE NUMBER OF CONSECUTIVE TERMS TO BE HELD BY MEMBERS OF THE SCHUYLER COUNTY LEGISLATURE. Mr. Rondinaro asked why this Resolution was being withdrawn. Legislator Gifford told him that there is not enough support right now. He told him that it would be brought back up for discussion later. The Clerk informed him that this would be put on another agenda for action at a later date, and there would be no need for another public hearing. Mr. Rondinaro said he supports this local law. Mr. Hurley also expressed his support of term limits. Mr. Charles Davis, Town of Catharine, said he also supports term limits. He feels that new blood would be good. He does not want the Legislature to be the good old boys club. RESOLUTION NO. 146 Motion by Larison, Second by Halpin. RE: APPROVE MINUTES OF THE APRIL 8, 2013 REGULAR MEETING AND THE APRIL 24, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the April 8, 2013 Regular Meeting and the April 24, 2013 Special Meeting of the Schuyler County Legislature be approved. Vote 6-0. RESOLUTION NO. 147 Motion by Barnes, Second by Gifford. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF A 2014 GOVERNORS TRAFFIC SAFETY COMMITTEE CHILD SAFETY SEAT PROGRAM GRANT – SHERIFF’S OFFICE WHEREAS, grant monies have been made available by the NYS Governors Traffic Safety Committee, for the purpose of assisting the Schuyler County Sheriff’s Office with obtaining equipment to enhance and improve the Child Safety Seat Program. Funding will be awarded to purchase a mobile fitting station, child safety seats and related equipment, and training for Child Safety Seat Technicians, and WHEREAS, this grant is estimated to be in the amount of $3,300.00, with no County matching funds. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County Sheriff’s Office to submit a grant application for 2014 Governors Traffic Safety Committee Child Safety Seat Program Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $3,300.00 with no County match, said documents subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 148 Motion by Barnes, Second by Gifford. RE: APPROVE ALTERNATIVES TO INCARCERATION SERVICE PLAN FOR 2013-2014 - PROBATION DEPARTMENT WHEREAS, the Criminal Justice Advisory Council has submitted its Program Plan and Budget for July 2013 to June 2014, and WHEREAS, the said Plan and Budget have been reviewed, and both appear to be in order and have been approved by the Public Safety/Criminal Justice Committee of this Legislature. NOW, THEREFORE, BE IT RESOLVED, that the 2013-14 Alternatives to Incarceration Service Plan and Budget be hereby approved by the Schuyler County Legislature, and the Chairman be authorized to sign the same upon approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Criminal Justice Advisory Council shall submit the same to the New York State Office of Probation and Correctional Alternatives for final approval. Vote 6-0. RESOLUTION NO. 149 Motion by Barnes, Second by Gifford. RE: AUTHORIZE AMENDING THE 2013 BUDGET FOR A PAID INTERN – DISTRICT ATTORNEY WHEREAS, the District Attorney wishes to hire an intern in his office through our intern policy, and WHEREAS, the cost of said intern would be $2,000 and Corning Enterprises has awarded the District Attorney’s Office with a grant in the amount of $2,500. NOW, THEREFORE, BE IT RESOLVED, that the District Attorney and the Chairman of the Legislature are hereby authorized to execute any and all documents relative to received said award, and 65 PROCEEDINGS OF THE YEAR 2013
BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2013 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$2,500 1165.1289 Other Gen. Govern. Dept. Income +$2,500 1165.100 Personnel Services – Intern Vote 6-0. RESOLUTION NO. 150 Motion by Halpin, Second by Larison. RE: AUTHORIZE 2013 CONTRACT WITH MONROE COUNTY FOR DEATH INVESTIGATIVE SERVICES – CORONER WHEREAS, the Schuyler County Chief Coroner is in need of death investigative services, and WHEREAS, Monroe County has been providing these services for years and now requires an agreement. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Monroe County for the Coroner Department for death investigative services for the term January 1, 2013 through December 31, 2013. Charges will be the prevailing rate for the type of examination performed as listed in the Public Health Medical Examiner 2013 Fees and Charges schedule, made part of the contract, funding available in the 2013 Budget account no. 1170.400; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 151 Motion by Halpin, Second by Larison. RE: RESOLUTION CLARIFYING THE INTENT TO HAVE ONE (1) RESERVE ACCOUNT FOR THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT WHEREAS, Resolution No. 379 from the Year 2008 authorized the creation of a Reserve Account for the Lamoka/Waneta Lakes Protection and Rehabilitation District and Resolution No. 97 from the Year 2011 created a Reserve Fund for the Lamoka/Waneta Lakes District, both with the same intention, and WHEREAS, it is upon recommendation of our auditing firm that the Legislature clarify the intent to have just one (1) Reserve Account for said District. NOW, THEREFORE, BE IT RESOLVED, that there only be one Reserve Account for the Lamoka/Waneta Lakes Protection and Rehabilitation District in which the Treasurer is to deposit any unexpended funds from account 8740 each year, starting with the Year 2012, in a separate bank account into this reserve to be known as the “Lamoka/Waneta Lakes District” Reserve Fund, and no other expenditure shall be made from this fund, except upon authorization from this legislative body pursuant to Section 6-c of the General Municipal Law. Vote 6-0. RESOLUTION NO. 152 Motion by Halpin, Second by Larison. RE: RECOGNIZE MAY 2013 AS OLDER AMERICANS MONTH – OFFICE FOR THE AGING WHEREAS, Schuyler County includes 4,386 citizens ages 60 and older, and WHEREAS, Schuyler County is committed to valuing all individuals and recognizing their ongoing life achievements, and WHEREAS, the older adults in Schuyler County play an important role by continuing to contribute experience, knowledge, wisdom, and accomplishments, and WHEREAS, our older adults are active community members involved in volunteering, mentorship, arts and culture, and civic engagement, and WHEREAS, recognizing the successes of community elders encourages their ongoing participation and further accomplishments, and WHEREAS, our community can provide opportunities to allow older citizens to continue to flourish by: Emphasizing the importance of elders and their leadership by publicly recognizing their continued achievements Presenting opportunities for older Americans to share their wisdom, experience, and skills Recognizing older adults as a valuable asset in strengthening American communities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize May 2013 to be Older Americans Month and urges every citizen to take time this month to recognize older adults and the people who serve and support them as powerful and vital citizens who greatly contribute to the community. Vote 6-0. RESOLUTION NO. 153 Motion by Halpin, Second by Yuhasz. RE: RECOGNIZE PAMELA GRIMMKE AND PEGGY SCOTT AS THE 2013 NEW YORK STATE OFFICE FOR THE AGING SENIOR CITIZEN OF THE YEAR NOMINESS FOR SCHUYLER COUNTY – OFFICE FOR THE AGING WHEREAS, Mrs. Pamela Grimmke and Mrs. Peggy Scott are lifelong residents of New York State and long-time residents of Schuyler County, and WHEREAS, Mrs. Grimmke has contributed to our community in various capacities including Tyrone Town Board member, liaison to the Planning Board Committee, Office for the Aging Advisory Council, active member of the Tyrone United Methodist Church holding a position on the Trustee Committee and United Methodist Women’s Group, plays an integral role in her local Food Pantry, serves on the Tri-County Critical Incident Stress Debriefing Team, has worked to revitalize the Tyrone Town Hall, and helped orchestrate the memorial park in Tyrone for Specialist Christopher Scott, local soldier who lost his life in Afghanistan serving our country, and WHEREAS, Mrs. Scott has contributed to our community in various capacities including school board member, multiple roles through her church, a host of children’s activities throughout the years including role of soccer coach through the Chemung Valley Soccer Association, through the local hospital, through Cornell Cooperative Extension’s 4-H program, as President of Seneca Santa organizing over 100 volunteers annually to serve several hundred children, and as Executive Director of the Schuyler County Chapter of the United Way , and WHEREAS, both Mrs. Grimmke and Mrs. Scott deserve special recognition for their civic engagement and contributions made for the betterment of this community with specific enhancements for the residents of this County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby recognize Mrs. Pamela Grimmke and Mrs. Peggy Scott as the 2013 New York State Senior Citizen of the Year nominees for Schuyler County and urges everyone to take time to thank them for their continued dedication and enthusiasm. Vote 6-0. RESOLUTION NO. 154 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE APPOINTMENT OF LINDA MAPES TO THE OFFICE FOR THE AGING ADVISORY COUNCIL – OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging, as mandated by the Older Americans Act and the New York State Office for the Aging, recruits members to their Advisory Council to represent all areas of the county, and WHEREAS, the Advisory Council assists the Office for the Aging by representing the interests of older person in the community, makes suggestions for services and programming, serves as a key link between the community and the Office for the Aging in communicating needs and concerns of senior citizens as well as disseminating information on behalf of the Office for the Aging, and WHEREAS, there is a need for additional individuals to serve in this capacity, and WHEREAS, Linda Mapes, resident of the Village of Watkins Glen, has expressed a desire to serve in this capacity. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the appointment of Linda Mapes to the OFA Advisory Council for the period of May 1, 2013 through December 31, 2013. Vote 6-0. RESOLUTION NO. 155 Motion by Halpin, Second by Yuhasz. 67 PROCEEDINGS OF THE YEAR 2013
RE: AUTHORIZE REQUEST FOR PROPOSALS (RFP) FOR FISCAL INTERMEDIARY FOR CONSUMER DIRECTED IN-HOME SERVICES UNDER EISEP – OFFICE FOR THE AGING WHEREAS, Consumer Directed In-home Services (CDIS) is now a component of the Expanded In- Home Services for the Elderly Program (EISEP), and WHEREAS, the use of consumer directed services increases the ability of Office for the Aging to help meet the needs of EISEP clients through long term services and support, and WHEREAS, the use of consumer directed services provides additional flexibility during a time when in- home aide resources are severely lacking, and WHEREAS, CDIS requires the use of a Fiscal Intermediary to handle the screening, background checks, and all other related tasks for in-home services workers as well as maintains responsibility for all fiscal aspects of the program including the issuing of paychecks to the in-home services workers, and WHEREAS, said Fiscal Intermediary can be paid from EISEP funding. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Office for the Aging Director to solicit proposals for a Fiscal Intermediary for Consumer Directed In-Home Services as set forth under EISEP. Vote 6-0. RESOLUTION NO. 156 Motion by Halpin, Second by Yuhasz. RE: ABOLISH THE COMMUNITY HOME HEALTH CARE PROFESSIONAL ADVISORY COMMITTEE/ ESTABLISH AND APPOINT MEMBERS TO A PUBLIC HEALTH PROFESSIONAL ADVISORY COMMITTEE - PUBLIC HEALTH WHEREAS, Schuyler County has sold its Certified Home Health Agency and is no longer in need of the Community Home Health Care Professional Advisory Committee, and WHEREAS, Schuyler County Public Health is still in need of a Professional Advisory Board to assist in developing and evaluating public health activities. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby abolishes the Community Home Health Care Professional Advisory Committee and establish and appoints the following persons to the Public Health Professional Advisory Committee for the term of May 1, 2013 through December 31, 2013. Dennis Fagan, Chair Legislature Ex Officiate Legislator Representative Rocky Kambo, County Planner Deborah Bailey, RN, Schuyler Hospital Risk/Quality Assurance Coordinator Jamie Coleman, MD, Medical Consultant Paddy Redihan, RD, Cornell Cooperative Extension Sarah Solomon, MD, Schuyler Hospital Kristina Cummings, MD, Schuyler Hospital Maureen Tuite RN Clinical Director Heart and Vascular Institute Arnot Health Kim Arnold, RN, SAY Network QI/QA Coordinator Chris Burns, Corporate Compliance Officer Marcia Kasprzyk, RN, Public Health Director Jill Wendela, RN, Nursing Coordinator Janel Walker, RN, Nursing Coordinator Rowan Schockner, Administrative Aide Vote 6-0. RESOLUTION NO. 157 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE AMENDMENT TO THE 2012-2013 PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT CONTRACT – PUBLIC HEALTH WHEREAS, Schuyler County Public Health currently has an Emergency Preparedness Grant contract, and WHEREAS, the New York State Department of Health is extending the period of this grant. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment of the Public Health Emergency Preparedness grant contract with the New York State Department of Health to extend the term of the grant from July 1, 2012 to June 30, 2017, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 158 Motion by Halpin, Second by Yuhasz. RE: ACCEPT/REJECT BIDS FOR TRANSPORTATION OF PRESCHOOL CHILDREN WITH DISABILITIES AND EARLY INTERVENTION CHILDREN 2013-14 – PUBLIC HEALTH WHEREAS, Resolution No. 45-13 authorized advertising for bids for transportation of preschool children with disabilities and early intervention children, and WHEREAS, bids were received and opened with the following recommendations being made. NOW, THEREFORE, BE IT RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. (dba The Arc of Schuyler) for transportation of preschool handicapped children and early intervention children to and from Frank Pierce Early Childhood Center from July 1, 2013 to June 30, 2014 in the amount of $204.50 per child per day plus $28 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. (dba The Arc of Schuyler) for transportation of preschool handicapped children and early intervention children to and from Franziska Racker Centers from July 1, 2013 to June 30, 2014 at $211.00 per child per day, with a $28 per additional child fee be, and hereby is, accepted, and+ BE IT FURTHER RESOLVED, that the bid from Birnie Bus Services, Inc. for transportation of preschool handicapped children and early intervention children to and from Pathways Preschool Program in Bath, NY from July 1, 2013 to June 30, 2014 in the amount of $ 246.50 per child per day plus $ 24 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Birnie Bus Services, Inc. for transportation of preschool handicapped children and early intervention children to and from Pathways Preschool Program in Avoca, NY from July 1, 2013 to June 30, 2014 in the amount of $ 241.50, per child per day plus $ 24 per additional child be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. (dba The Arc of Schuyler) for transportation of preschool handicapped children and early intervention children to and from United Cerebral Palsy and Handicapped Children’s Association of Chemung County, Inc. (dba Able2) from July 1, 2013 to June 30, 2014 at $211.00, per child per day with a $28 per additional child fee be, and hereby is accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. (dba The Arc of Schuyler) for transportation of preschool handicapped children and early intervention children to and from Yates County Chapter, NYSARC from July 1, 2013 to June 30, 2014 at $204.50, per child per day with a $ 28 per additional child fee be, and hereby is accepted, and BE IT FURTHER RESOLVED, that the bid from Schuyler County Chapter, NYSARC, Inc. (dba The Arc of Schuyler) for miscellaneous transportation of preschool handicapped children and early intervention children from July 1, 2013 to June 30, 2014 in the amount of $ 3.15 per mile be, and hereby is, accepted, and BE IT FURTHER RESOLVED, that since certain students may be eligible for transport by a parent, school district or public transportation, this award is not an exclusive contract for services, and BE IT FURTHER RESOLVED, that contracts necessary to carry out such transportation services are hereby authorized for signature by the Chairman of this Legislature, funding available in the 2013 budget, account no. 2960.440-Travel; contracts subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 159 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH PAULINE YOUNG, SPEECH THERAPIST FOR PRESCHOOL PROGRAM SERVICES – PUBLIC HEALTH WHEREAS, Schuyler County is mandated to contract with a sufficient number of providers to serve eligible preschoolers identified with developmental delays, and WHEREAS, Schuyler County Public Health is the County’s identified Preschool administrator, and 69 PROCEEDINGS OF THE YEAR 2013
WHEREAS, the program is mandated by New York State and services are authorized by the child’s school district, and WHEREAS, Pauline Young, ST is willing to be a provider for preschool services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Pauline Young, ST for preschool services, effective July 1, 2013 through June 30, 2014, at the rate of $65 per half hour session and $40 per child in a group session, to be renewed annually, funds available in the Public Health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 160 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH LAKESIDE VETERINARY SERVICES, LLC FOR RABIES- PUBLIC HEALTH WHEREAS, the Public Health Department is required to provide Domestic Animal Rabies Vaccination Clinics for the public every four months, and WHEREAS, Lakeside Veterinary Services, LLC is willing to provide veterinary rabies clinic services for these clinics. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Lakeside Veterinary Services LLC for veterinary rabies clinic services, effective July 1, 2013 through June 30, 2016, at the rate of $50 per hour, funds available in the Public Health budget, account no. 4042.0435, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 161 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWAL WITH PRESCHOOL PROVIDERS GROUPS – PUBLIC HEALTH WHEREAS, Schuyler County is mandated to contract with a sufficient number of providers to serve eligible preschoolers identified with developmental delays, and WHEREAS, Schuyler County Public Health is the County’s identified Preschool administrator, and WHEREAS, the program is mandated by New York State and services are authorized by the child’s school district, and WHEREAS, Public Health wishes to reduce its administrative burden with multiple contracts expiring at once, and WHEREAS, Corning Painted Post School District, Franziska Racker Center and Pathways Inc. have agreed to contract with Schuyler County for Preschool Tuition Based Services for the State set rates and the related services rates as follows: July 1, 2013 - June 30, 2014 $70 per therapy session $40 per child in a group session July 1, 2014 - June 30, 2015 $70 per therapy session $45 per child in a group session July1, 2015 - June 30, 2016 $70 per therapy session $45 per child in a group session NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Corning Painted Post School District, Franziska Racker Center and Pathways Inc. for a period of July 1, 2013 through June 30, 2016, funds available in the Public Health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 162 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE CONTRACT RENEWALS WITH INDIVIDUAL PROVIDERS FOR PRESCHOOL SERVICES –PUBLIC HEALTH WHEREAS, Schuyler County is mandated to contract with a sufficient number of providers to serve eligible preschoolers identified with developmental delays, and WHEREAS, Schuyler County Public Health is the County’s identified Preschool administrator, and WHEREAS, the program is mandated by New York State and services are authorized by the child’s school district, and WHEREAS, Public Health wishes to reduce its administrative burden with multiple contracts expiring at once, and WHEREAS, several preschool providers Ellen Langendorfer ,ST, Linn Aftuck ,OT and Cynthia Vollmer, OT have agreed to contract with Schuyler County for Preschool related services rates as follows: July 1, 2013 - June 30, 2014 $65 per therapy session $40 per child in a group session July 1, 2014 - June 30, 2015 $67 per therapy session $45 per child in a group session July1, 2015 - June 30, 2016 $67 per therapy session $45 per child in a group session NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Ellen Langendorfer ,ST, Linn Aftuck ,OT and Cynthia Vollmer, OT, for a period of July 1, 2013 through June 30, 2016, funds available in the Public Health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 163 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING (MOU) WITH MANSOOR A. F. KAZI, PHD – HEALTH SERVICES WHEREAS, Health Services participates in a consortium of multiple counties for Systems of Care (SOC) Expansion Project through Substance Abuse and Mental Health Services Administration (SAMHSA) funding, and WHEREAS, the consortium has selected Dr. Mansoor A. F. Kazi from the University of Buffalo to lead the evaluation of data provided by the participants, making the best use of this data to inform decisions regarding system performance and improvements, and WHEREAS, Health Services, and any other County Department interested, including Office for the Aging, Department of Social Services and Probation, will make service data available to Dr. Kazi for his use to perform desired analyses for all departments, with the understanding that such analyses be received on a quarterly basis, and WHEREAS, all data will be de-identified when used in databases for evaluation and/or when merged with other data, assuring compliance with HIPAA and NYS MHL 33:13 confidentiality laws, and WHEREAS, the cost for this service is covered through SOC Expanded Project through SAMHSA so there is no cost to the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a Memorandum of Understanding with Mansoor A. F. Kazi, PhD, where Dr. Kazi will receive pertinent demographic information, as well as the type of services provided and discharge status, to investigate what interventions work and for whom, and to use these findings at regular intervals to improve services, in adherence with the NYS HIPAA Laws with access restricted to only those involved in the research whose responsibilities cannot be accomplished without such success, effective immediately through December 31, 2013, to be renewed annually, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 164 Motion by Halpin, Second by Yuhasz. RE: AUTHORIZE LIMITED DELEGATION OF AUTHORITY TO HEALTH MANAGEMENT SYSTEMS, INC. (HMS) FOR ESTATE CLAIMS AND CASUALTY LIENS FOR MEDICAID RECOVERY UNDER SOCIAL SERVICES LAW (SSL) 104, 104-B, 366, 367, AND 369 – SOCIAL SERVICES WHEREAS, the New York State Budget enacted on March 30, 2012 includes a subdivision for MRT- 102, Centralizing Responsibility for Medicaid Trauma and Estate Recovery transition to the State level, and 71 PROCEEDINGS OF THE YEAR 2013
WHEREAS, the Office of Medicaid Inspector General (OMIG) is initiating the process in consultation with Schuyler County, and WHEREAS, Schuyler County has elected for the full outsourcing option which requires the Commissioner of Social Services to provide limited delegation of authority to HMS to sign lien documents under SSL 104, 104-b, 366, 367 and 369. These documents relate to the authority under those statutes to serve and file estate claims and liens for Medicaid as authorized by law, communicate with authorized individuals, attorneys and court personnel regarding the potential resolution of those claims and liens on behalf of the Commissioner. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does hereby authorize limited delegation to HMS for Estate Claims and Casualty Liens for Medicaid Recovery, and BE IT FURTHER RESOLVED, that the Chairman is authorized to sign any and all documents related to the limited delegation, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 165 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE CONTRACT WITH BEHAVIORAL INTERVENTIONS INC. FOR ELECTRONIC HOME MONITORING WITH GLOBAL POSITIONING SYSTEM - SOCIAL SERVICES WHEREAS, Schuyler County Probation already uses electronic home monitoring (EHM) with GPS capabilities through Behavioral Interventions Inc. for use with their PINS/JD population, and WHEREAS, the Schuyler County Department of Social Services (DSS) currently borrows those EHM units, when available, as a preventive measure for use with their PINS Diversion population, and WHEREAS, the use of the EHM unit will provide a cost saving measure to DSS with a daily rate of $5.50 per day when in use, as compared to $200+ for detention or respite care, and WHEREAS, Schuyler County DSS wishes to maximize the number of EHM units in the county by directly contracting with Behavioral Interventions, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Behavioral Interventions Inc. for Schuyler County DSS for the use of electronic home monitoring equipment with GPS capabilities for the term of one year, June 1, 2013 through May 31, 2014, renewable annually, with funding available in the 2013 budget account number 6010.552, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 166 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE AN AMENDMENT TO THE 2013 CONTRACT WITH THE ARC OF SCHUYLER FOR THE NON EMERGENCY MEDICAL TRANSPORTATION SERVICES – SOCIAL SERVICES WHEREAS, there is a current 2013 contract agreement in place between Schuyler County on behalf of the Department of Social Services (DSS) and The Arc of Schuyler for non emergency Medicaid recipients needs to be amended to reflect a change for more economical transportation services, and WHEREAS, The Arc of Schuyler runs the Schuyler County Transit’s Mobility Management Program, which will screen all Non Emergency Medical Transportation (NEMT) services for Medicaid recipient calls and coordinate trips using the most economical transportation mode, and WHEREAS, transportation requests that cannot be changed to fit the public transit schedule will be coordinated with other human service agencies whenever possible with the goal of providing the most appropriate, cost effective transportation options as follows: 1. The cost is based on a per passenger per one-way trip agreement with DSS, as noted below: DSS NEMT riders using fixed route services - $35 per one way trip DSS NEMT riders using Dial a Ride services - $85 per one way trip DSS NEMT riders not using Public Transit Fixed Route or Dial a Ride services for trips within a 40 mile radius will be provided by The Arc of Schuyler - $110 per one way trip.
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the current 2013 contract with The ARC of Schuyler for Non Emergency Medical Transportation services, effective January 1, 2013 through December 31, 2013, at no additional cost, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 167 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE ADVERTISING FOR REQUESTS FOR PROPOSALS (RFP’S) FOR A MONTH-TO- MONTH LEASE AT THE DOG SHELTER PROPERTY- BUILDINGS AND GROUNDS WHEREAS, Resolution No. 98-13 authorized advertising to receive bids for the sale of the Dog Pound Property, and WHEREAS, the one (1) bedroom farm house on the property is currently vacant, and WHEREAS, the Humane Society is not ready to vacate the Dog Shelter and there is interest in leasing the property. NOW, THEREFORE, BE IT RESOLVED, that the Building & Grounds Maintenance Supervisor is authorized to advertise for RFP’s for a month-to-month lease of the property located at 2958 VanZandt Hollow Road, Watkins Glen, NY. Vote 6-0. RESOLUTION NO. 168 Motion by Larison, Second by Yuhasz. RE: AUTHORIZE INCREASE IN ANNUAL FEE WITH SCHOONER EXCURSIONS, INC. FOR ELECTRICAL USE AT FISHING PIER. BUILDINGS AND GROUNDS WHEREAS, Resolution No. 329-08 authorized a contract with Christian Russell and Joshua Navone, (Schooner Excursion, Inc.) for electrical use at the fishing pier at the Seneca Harbor Park, and WHEREAS, the contract authorized the county to provide one 20-amp ground receptacle for the above usage for May 15 through October 15, and WHEREAS, there has not been a rate increase in this agreement since 2008, and WHEREAS, Joshua Navone has requested a larger service in order to charge his on-board batteries for the boat, and WHEREAS, Resolution No. 175-12 authorized upgrades to Seneca Harbor Park’s facilities, which included electrical upgrades. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the recommendation of the Building Maintenance Supervisor to change the contract to authorize the county to provide one 30-amp ground fault receptacle on the Public Pier in Seneca Harbor Park, for the use of the Schooner Excursions, Inc. tour boat at an increase of cost of the contract term of May 15, 2013 through October 15, 2013, with the revenue applied to Buildings and Grounds account no. 001.7110.2089 2012 2013 5 month contract term fee for electrical service at fishing Pier $60 $150
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract renewal with Schooner Excursions, Inc., 204 North Franklin Street, Watkins Glen, for a contract term total cost of $150.00, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 169 Motion by Larison, Second by Yuhasz. RE: OPPOSE CLEAN WATER ACT DRAFT GUIDANCE PROPOSED BY THE ENVIRONMENTAL PROTECTION AGENCY– HIGHWAY DEPARTMENT WHEREAS, Schuyler County affirms its commitment to environmental stewardship and the protection of our natural resources, and recognizes the need to harmonize municipal programs and services with the Legislative intent and objectives of the Clean Water Act (“CWA”); and WHEREAS, the CWA was not intended to protect ditches and other channels through which water flows intermittently nor was it intended to capture seeps, wet areas, isolated man-made ponds and other structures not currently subject to the CWA; and WHEREAS, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Corps of Engineers (“Corps”) have developed draft guidance on Identifying Waters Protected by the Clean Water Act ("Draft 73 PROCEEDINGS OF THE YEAR 2013
Guidance”) to clarify the EPA’s and Corp’s understanding and definition of the CWA that will inform all of the EPA’s regulatory programs and policy actions; and WHEREAS, this Draft Guidance creates uncertainty, confusion and would now capture a significant number of public works activities and transportation infrastructure that will now be subject to the CWA and its costly and time-consuming permitting and regulatory protocols; and WHEREAS, the Draft Guidance greatly expands the number of projects subject to jurisdictional determination or CWA permitting which do not currently require such oversight at great expense to the taxpayers of Schuyler County with little, if any, environmental benefit while diverting scarce resources from other programs that do provide environmental protection and conservation benefits; and WHEREAS, the financial impact of the Draft Guidance to Schuyler County will be significant with roadside ditch projects and ongoing maintenance costing additional funds annually to Schuyler County citizens due to the need for jurisdictional determinations by the Corps or CWA permitting; and WHEREAS, Schuyler County believes that it is improper to so significantly change the scope of the CWA without Legislative authorization by the U.S. Congress or through the formal rule making process to allow public and stakeholder comments on this critically important and complex issue. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urge the EPA and Corps to withdraw the CWA Draft Guidance immediately, work collaboratively with States and local governments to enforce the current scope of the CWA while respecting the authority of State and local governments in ensuring the protection of our water resources; BE IT FURTHER RESOLVED, that Schuyler County supports any Federal Legislation consistent with the above recommendations and urges its Congressional and State representatives to intercede with the EPA and request that the EPA report to them on their response and adaptations regarding the aforementioned concerns; and BE IT FURTHER RESOLVED that a copy of this Resolution be sent to U.S. Senators Charles Schumer and Kirsten Gillibrand, U.S. House Representative Tom Reed, Acting EPA Administrator Bob Perciasepe, New York Governor Andrew Cuomo, New York State Senator Thomas O’Mara, New York Assembly Representative Phil Palmesano, and EPA Region 2 Administrator Judith Enck. DISCUSSION: Legislator Barnes asked if the Legislative staff has received written confirmation from our State Representatives acknowledging receipt of our Resolutions. The Deputy Clerk confirmed that we have not. Vote 6-0. WITHDRAWN RE: ESTABLISH WORK WEEK FOR ALL ELECTED LEGISLATORS TO BE 20 HOURS PER WEEK EFFECTIVE IN THE YEAR 2014 - WITHDRAWN WHEREAS, Schuyler County Legislators are considered part-time employees for the purpose of calculating New York State Retirement benefits, and WHEREAS, the Legislature desires to establish a work week for all elected legislators that is consistent with New York State calculations, and WHEREAS, the Legislature is also desirous of reducing their benefit level equal to or less than that of a less than full time employee for the purpose of calculating County benefits. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby establishes a work week of less than full-time, 20 hours per week, with pro-rated benefits, and discontinues the County’s insurance buy-out program for all elected legislators, effective January 1, 2014. WITHDRAWN RE: LOCAL LAW INTRO. NO. 4 OF THE YEAR 2013 SETTING SALARIES FOR ELECTED LEGISLATORS - WITHDRAWN WHEREAS, County law permits and requires the Legislature to set the salaries of all officials paid from County funds, and WHEREAS, the salaries of elected legislators have been reviewed and are in need of revision upon the expiration of their terms. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 4 of the year 2013, 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 10, 2013 at 6:45 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 4 OF THE YEAR 2013 A Local Law Setting Salaries for Elected Legislators for Fiscal Years 2014, 2015, 2016, 2017. 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 2014, 2015, 2016, 2017. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2014 the annual salaries of the following officials shall be as follows below for the years 2014, 2015, 2016, and 2017. TITLE 2014 SALARY Legislator $11,586 Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. RESOLUTION NO. 170 Motion by Gifford, Second by Barnes. RE: LOCAL LAW INTRO. NO. 5 OF THE YEAR 2013 SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2014 WHEREAS, County Law Sections 200 and 201 permit and require the Legislature to set the salaries of all officials paid from County funds. NOW, THEREFORE, BE IT RESOLVED, that Local Law Intro. No. 5 of the year 2013, 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 10, 2013 at 6:50 p.m. in the Legislative Chambers, County Office Building, 105 Ninth Street, Watkins Glen, NY. LOCAL LAW INTRO. NO. 5 OF THE YEAR 2013 A Local Law Setting the Salary for the Chairman of the Legislature for the Year 2014. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salary for the Chairman of the Legislature for the Year 2014. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2014 the annual salary for the Chairman of the Legislature is hereby established, to wit: TITLE 2014 SALARY Chairman of the Legislature $5,448 This Local Law replaces Local Law No. 5 of the Year 2007 in its entirety. Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote 6-0. RESOLUTION NO. 171 Motion by Gifford, Second by Barnes. RE: AUTHORIZE AMENDING RESOLUTION NO. 365-12 TITLED “2013 BUDGET OF $45,251,894: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN” WHERESAS, the expenditures amount for the 2013 budget in Resolution No. 365-12 included a grant in the amount of $18,592 that should not have been included in the budget. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 365-12 is hereby amended to change the total expenditures amount in the title from $45,251,894 to $45,233,302. Vote 6-0. RESOLUTION NO. 172 Motion by Gifford, Second by Barnes. 75 PROCEEDINGS OF THE YEAR 2013
RE: AUTHORIZE A GRANT WITH STATE OF NEW YORK BOARD OF ELECTIONS – SCHUYLER COUNTY BOARD OF ELECTIONS WHEREAS, the County Board of Elections has received a HAVA Grant in the amount of $417.50 per Contract Number T003436 for the purpose of Voting Access for Individuals with Disabilities, and WHEREAS, the County Board of Elections received Contract Number T003436 from the New York State Board of Elections in the amount of $417.50 for said grant funds, and WHEREAS, contract number T003436 will expire on March 31, 2014. NOW, THEREFORE BE IT RESOLVED, that the Schuyler County Legislature hereby approves an agreement with New York State Board of Elections for Contract Number T003436 in the amount of $417.50, and BE IT FURTHER RESOLVED, that the Chairperson of the Schuyler County Legislature be hereby authorized to execute the New York State Board of Elections Contract Number T003436 in the amount of $417.50 for Voting Access for Individuals with Disabilities, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 173 Motion by Halpin, Second by Gifford. RE: ESTABLISH LEAD AGENCY STATUS FOR PUBLIC ENTERTAINMENT (OUTDOOR) – REGULATING/LICENSING WHEREAS, Local Law No. 4 of the Year 2010 established a process for applications and permits pertaining to Public Entertainment (Outdoor) – Regulation/Licensing, and WHEREAS, in compliance with NYCRR Part 617 State Environmental Quality Review (SEQR), Schuyler County must review the potential environmental impacts associated with the issuance of a permit under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, and WHEREAS, the Schuyler County Legislature has determined that the proposed action is Unlisted and would be best served by a coordinated review including potential involved agencies, and has received a complete Environmental Assessment Form (EAF) from the applicant, Watkins Glen International, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts the EAF and does intend to establish lead agency status of the purposes of the environmental review of this action, and will notify involved agencies of this intent. If, after 30 days time no involved agency challenges this status, then the Schuyler County Legislature will consider itself to hold lead agency status, and will proceed with the review. Vote 6-0. RESOLUTION NO. 174 Motion by Halpin, Second by Gifford. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING AMBER SALZER TEMPORARILY ASSUMING SR. CASEWORKER DUTIES IN CHILD PROTECTIVE SERVICES – SOCIAL SERVICES WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, the Employee currently holds the title of Caseworker, and is represented by the Union, and WHEREAS, the County has decided to temporarily assign the Employee with the duties of a Sr. Caseworker, and WHEREAS, the County, the Union and the Employee have agreed upon the temporary duties for the Employee, and WHEREAS, the County, the Union and the Employee now wish to document the terms of their agreement. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Agreement with the Schuyler County Civil Service Employee’s Association, Inc. as set forth above, effective May 13, 2013; subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 175 Motion by Halpin, Second by Gifford. RE: AUTHORIZE THE CREATION AND FILLING OF A LESS THAN FULL TIME TEMPORARY SUMMER YOUTH EMPLOYMENT SUPERVISOR POSITION – SOCIAL SERVICES/YOUTH BUREAU WHEREAS, the summer youth employment program has been supervised by both the Youth Program Coordinator and the Youth Bureau Director, and WHEREAS, the Youth Bureau Director’s position has been consolidated with the Commissioner of Social Services position resulting in the Commissioner not being able to continue the practice of assisting with summer employment, and WHEREAS, the Commissioner of Social Services is requesting to create this position, upon the approval of the County Administrator and the Personnel Officer, and WHEREAS, funding for this position is included in the 2013 budget through the agreement with Watkins Glen International Raceway and summer TANF youth employment funds. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services is hereby authorized to create a less than Full Time Temporary Summer Youth Employment Supervisor position at an hourly rate of $16.04/hr, for a term of June 1, 2013 through August 31, 2013 to be placed in Grade 6, as set for in the CSEA Administrative Contract. Vote 5-0. Barnes; Abstain. RESOLUTION NO. 176 Motion by Halpin, Second by Gifford. RE: LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 1 OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN ELECTED OFFICIALS FOR FISCAL YEARS 2014, 2015, 2016, 2017 WHEREAS, Local Law Intro. No. 2/Local Law No. 1 of the Year 2013 Setting Salaries for Certain Elected Officials for Fiscal Years 2014, 2015, 2016, 2017 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held May 13, 2013 at 6:45 p.m., 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 Local Law Intro. No. 2/Local Law No. 1 of the Year 2013, 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. 1 of the Year 2013, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 2/LOCAL LAW NO. 1 OF THE YEAR 2013 A Local Law Setting Salaries for Certain Elected Officials for Fiscal Years 2014, 2015, 2016, 2017. 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 2014, 2015, 2016, 2017. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal years 2014 the annual salaries of the following officials shall be as follows below for the years 2014, 2015, 2016, and 2017. TITLE 2014 SALARY Sheriff $77,500 County Clerk $64,000 Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote 6-0. WITHDRAWN RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2013 IMPOSING A LIMITATION ON THE NUMBER OF CONSECUTIVE TERMS TO BE HELD BY MEMBERS OF THE SCHUYLER COUNTY LEGISLATURE - WITHDRAWN WHEREAS, Local Law Intro. No. 3/Local Law No. of the Year 2013 Imposing a limitation on the number of consecutive terms to be held by members of the Schuyler County Legislature was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held May 13, 2013 at 6:50 p.m., and 77 PROCEEDINGS OF THE YEAR 2013
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 Local Law Intro. No. 3/Local Law No. of the Year 2013, 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. of the Year 2013, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2013 A Local Law Imposing a limitation on the number of consecutive terms to be held by members of the Schuyler County Legislature. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. LEGISLATIVE INTENT It is the intent of the within local law to limit the number of consecutive terms to be held by any member of the Schuyler County Legislature so as not to exceed twelve (12) consecutive years. SECTION 2. Commencing with the January 1, 2014 term, no person shall be elected to serve as a member of the Schuyler County Legislature for a period exceeding twelve (12) consecutive years as computed below. SECTION 3. COMPUTATION OF TERMS OF OFFICE Computation of the twelve (12) year period shall commence with that term of office first following election. Service rendered during an appointed term shall not be applicable. No person shall be precluded from finishing a term of office during which the twelfth (12th) consecutive year shall occur one year or more after assuming office. Said individual shall be permitted to finish his/her term of office despite the twelfth year occurring during his/her term of office. Computation of the number of consecutive terms shall commence with the term of office following the general election to be held in November 2013 or any general or special election held thereafter. Years of service attributable to those currently in office shall not be computed. SECTION 4. EFFECTIVE DATE This Local Law shall become effective upon filing with the Secretary of State. RESOLUTION NO. 177 Motion by Barnes, Second by Halpin. RE: AUTHORIZE 2013 CONTRACT RENEWAL WITH TRUGREEN/AUTHORIZE AMENDING THE 2013 BUDGET – BUILDINGS & GROUNDS WHEREAS, Resolution 286-12 authorized a contract with TruGreen for Courthouse lawn treatment, and WHEREAS, weather conditions did not permit the full extent of the agreement, only allowing for an aeration and winterizer application, expending $465.00 of the $1,800.00 allotment, and WHEREAS, TruGreen has submitted a quote in the amount of $2,250.00 for the spring and fall services, and WHEREAS, this amount will include, early spring application, spring application, early summer application, early fall application, spring bed weed control, fall bed weed control, aeration and slit seeding, and WHEREAS, an anonymous donation was made from a constituent to pay for said services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with TruGreen, 6700 Commerce Blvd., Syracuse, NY 13211 for the ongoing maintenance of the Courthouse lawn for the term April 15, 2013 through December 31, 2013, funding available in the 2013 Buildings and Grounds budget account no. 001.1622.427, subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the County Treasurer be authorized to amend the 2013 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$2,250.00 1622.2705 Gifts/Donations Revenue +$2,250.00 1622.427 Maintenance Supplies DISCUSSION: Legislator Barnes informed the Legislature that he had received a donation from a constituent, that wished to remain anonymous, to fund the Courthouse lawn maintenance that had been voted down last month. Vote 6-0. NEW BUSINESS: Chairman Fagan asked the Clerk to explain the letter received today from Chemung County’s Executive asking for a letter of support for the Farmer’s Regional Market Grant Application. The Clerk read the letter out loud, on file in the Legislator Office. MOTION by Legislator Barnes to have the Chairman of the Legislature send a letter of support on behalf of the Legislature, SECOND by Legislator Halpin. Motion carried six ayes to zero noes. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Halpin reported that she had received a letter of resignation from May Hayes, Director of Community Services, and her last day will be June 14th. She also reported that the Youth Board, in conjunction with the Youth Court, have been taking part in a Youth Assistance Program. This is run by inmates and employees at the Elmira Correctional Facility. This program has been working very well. The Youth Bureau will also be holding their annual recognition on June 6th at 6:00 p.m., in Room 120 at the Human Services Complex. The Youth Employment program will employ thirty (30) to fifty (50) youth. She explained the requirements to be hired and asked that if you knew of any youths that wanted a job, send them to the Civil Service office for an application. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that Congressman Reed will be heading up a Medicaid task force and our new Commissioner of Social Services, JoAnn Fratarcangelo, will be participating. He also reported that the BAN sale had occurred. He has been working with Adjusters International on the Shared Public Works Facility fire with updates. Welliver and Hunt Engineering are working on their cost estimates. They will include replacement of the roof and the skin of the building versus clean and repair. There has been damage done to the structure metal and the warranty on the roof is now void because of the fire. The operations of the departments that had to be relocated are working very well. PUBLIC PARTICIPATION: Mr. Mark Simiele asked if he could address the Legislature regarding the on-going negotiations with his lease extension at Seneca Harbor Park. He asked his son William to hand out a packet of information he had put together. This packet is on file in the Legislature office. He went over the information in the hand out. He is prepared to offer up what the fair market value is of the dock only. If the County is not prepared to accept his letter of compromise, he looks at this as a short term hardship, but will be a long term gain. In June, he will be starting construction and this is his point of no return. He feels this is a win-win situation for the County. Chairman Fagan thanked him for coming and speaking to the Legislature. He advised him that the Legislature would take this into consideration. Mr. Hurley said he would like to see Mr. Simiele’s lease extended. Mr. Harp, from the Town of Hector, asked if the Legislature had been in touch with Rick Weakland regarding the future development of the lake front and this lease extension. Administrator O’Hearn confirmed that yes, they had, and with Mr. Simiele as well. He stated that it had been discussed with a number of the stake holders and everyone is in agreement that he is best suited in his current location. MOTION by Legislator Gifford to go into executive session to discuss property acquisition and labor relations, SECOND by Legislator Halpin. Motion carried six ayes to zero noes. MOTION by Legislator Gifford to come out of executive session, SECOND by Legislator Larison. Motion carried six ayes to zero noes. The Meeting adjourned at 7:46 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk
REGULAR MEETING JUNE 10, 2013 79 PROCEEDINGS OF THE YEAR 2013
The June 10, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz who was excused and Legislator Gifford who was absent. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Mark Rondinaro questioned Intro. No. 26 and the need for a full-time Information Technology Administrator. Administrator O’Hearn explained that this allows the current Director who resigned, Loren Cottrell, to stay on as a consultant until a new Director can be hired. He also explained the new arrangement. Mr. Rondinaro asked about the salary for both positions. Administrator O’Hearn explained the County’ pay grade system. Mr. Rondinaro asked if this had been explored with Yates County yet. Administrator O’Hearn replied, yes it has. Mr. Alan Hurley asked about Intro. No. 8 relative to the insurance for the Shared Public Works Facility Fire. He wanted to know if the County had received a letter from the insurance company relative to lose of payment. Administrator O’Hearm said yes, they will receive replacement value at the time of the fire. It is all still being assessed. Mr. Hurley asked if the County had an Inter-Municipal agreement (IMA) in place with the Town of Catharine for the purchase of the used Tandem Truck. Administrator O’Hearn explained the current IMA, which does not cover purchasing equipment. He then explained the cost rationale of buying a used truck versus a new truck and the cost associated with this. Mr. Hurley had some additional questions that were answered by either Administrator O’Hearn or Chairman Fagan. Mr. Rondinaro asked if the Information Technology Administrator would be paid benefits. Administrator O’Hearn said no benefits attached, just a straight hourly rate as needed. 6:50 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO NO. 5 OF THE YEAR 2013 SETTING THE SALARY OF THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2014: Chairman Fagan explained that the salary in the Local Law is the same as this year and last year. RESOLUTION NO. 178 Motion by Larison, Second by Halpin. RE: APPROVE MINUTES OF THE MAY 13, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the May 13, 2013 Regular Meeting of the Schuyler County Legislature be approved. Vote 6-0. RESOLUTION NO. 179 Motion by Halpin, Second by Field. RE: ESTABLISH 2013 - 2018 IMMUNIZATION GRANT CONTRACT - PUBLIC HEALTH WHEREAS, New York State Department of Health intends for the grant contract to be for the period of April1, 2013 through March 31, 2018, and WHEREAS, Schuyler County’s Immunization Grant will be funded for $30,000 for the period of April 1, 2013 through March 31, 2014. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish a budget annually for the 2013 - 2018 Immunization Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the 2013-2018 grant contract, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 180 Motion by Halpin, Second by Field RE: AUTHORIZE AMENDMENT TO OFFICE OF HOMELAND SECURITY GRANT CONTRACT - PUBLIC HEALTH WHEREAS, Schuyler County Public Health currently has a grant with the Office of Homeland Security that will expire on January 31, 2013, and WHEREAS, Public Health has received authorization from The Office of Homeland Security to extend the dates of the grant to allow time for the purchase of LED signage. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to The Office Of Homeland Security grant contract with New York State Office of Homeland Security to extend the term of grant contract to July 31, 2013, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 181 Motion by Halpin, Second by Field. RE: AUTHORIZE APPOINTMENTS TO THE COMMUNITY SERVICES BOARD – COMMUNITY SERVICES WHEREAS, the Community Services Board has vacancies, and WHEREAS, the Nominating Committee of the Community Services Board recommends that Judith Philips and Stacy Parrish, who have expressed an interest in this Board be appointed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature approves the appointment of Judith Philips and Stacey Parrish to the Community Services Board for the term June 10, 2013 – December 31, 2014 and June 10, 2013 – December 31, 2016 respectively. Vote 6-0. RESOLUTION NO. 182 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH LABORATORY CORPORATION OF AMERICA HOLDINGS FOR TESTING SERVICES - SOCIAL SERVICES WHEREAS, Schuyler County Department of Social Services (DSS) needs to identify a human being as the parent of a child, and WHEREAS, Laboratory Corporation of American Holdings provides testing services which supply information about the identity of a human being and the potential that a human being is the parent of a child, and WHEREAS, Schuyler County DSS currently contracts with Orchid Cellmark, Inc. for paternity testing at a rate of $48 per person, and WHEREAS, Laboratory Corporation of America Holdings will provide the testing for $ 46 per person and will provide the specimen collection at no additional charge to the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Laboratory Corporation of America Holdings for Schuyler County DSS for the collection and analysis of DNA for the term of one year, August 1, 2013 through July 31, 2014, renewable annually subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 183 Motion by Larison, Second by Halpin. RE: ACCEPT/REJECT MONTH-TO-MONTH LEASE BIDS FOR HOUSE AT DOG POUND - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 167-13 authorized the Building Maintenance Supervisor to provide bid documents and go out to bid for the Month-to-Month Lease of the house located at the Dog Shelter. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature hereby accepts the Building Maintenance Supervisors recommendation to accept the only bid in the amount of $505 monthly from Emily Smith-Cowan, 1838 Bronson Hill Road, Watkins Glen, NY, for the house located at 2958 VanZandt Hollow Road, Watkins Glen, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to enter in a Month-To-Month contract with Emily Smith-Cowan, 1838 Bronson Hill Road, Watkins Glen, NY, with funding applied to Buildings and Grounds Revenue Account no. 001.1620.2410, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 184 Motion by Larison, Second by Halpin. RE: AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL - AID AND STATE “MARCHISELLI” PROGRAM ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL - AID PROJECT, AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT 81 PROCEEDINGS OF THE YEAR 2013
WHEREAS, a Project for the Bridge Replacement on Bower Road over Bolter Creek in the Town of Hector, Schuyler County, PIN 6754.54 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the Bridge Replacement on Bower Road over Bolter Creek in the Town of Hector, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature, duly convened does hereby approve the above-subject project, and hereby authorizes the County of Schuyler to pay in the first instance 100% of the federal and non-federal share of the cost of design work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $145,000 is hereby appropriated from 5020.400 and made available to cover the cost of participation in the above phase of the Project, and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Schuyler County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Vote 6-0. RESOLUTION NO. 185 Motion by Barnes, Second by Larison. RE: AUTHORIZNG THE IMPLEMENTATION AND FUNDING OF A STATE “MARCHISELLI” PROGRAM ELIGIBLE TRANSPORTATION FEDERAL–AID PROJECT, TO FULLY FUND THE LOCAL SHARE OF FEDERAL AND STATE–AID ELIGIBLE AND INELIGIBLE PROJECT COSTS AND APPROPRIATING FUNDS THEREFORE – HIGHWAY DEPARTMENT WHEREAS, a Project for the Bridge Replacement: BIN 3332400 Bower Road over Bolter Creek in the Town of Hector, Schuyler County, P.I.N. 6754.54 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the County of Schuyler desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the Right of Way Incidentals and Acquisition work for the Project or portions thereof, with the federal share of such costs to be applied directly by the New York State Department of Transportation ("NYSDOT") pursuant to Agreement. NOW, THEREFORE, BE IT RESOLVED, the Schuyler County Legislature, duly convened does hereby approve the above-subject project and authorizes the County of Schuyler to pay in the first instance the full non- federal share of the cost of Right of Way Incidentals and Acquisition work for the Project or portions thereof, and BE IT FURTHER RESOLVED, that the sum of $5,400 is hereby appropriated from 5020.400 and made available to cover the cost of participation in the above phase(s) of the Project, and BE IT FURTHER RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Schuyler County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Schuyler with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of the non-federal share of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER RESOLVED, this Resolution shall take effect immediately. Vote 6-0. RESOLUTION NO. 186 Motion by Barnes, Second by Larison. RE: AUTHORIZE PURCHASE OF TANDEM DUMP TRUCK FROM TOWN OF CATHARINE - HIGHWAY DEPARTMENT WHEREAS, the Highway Department is in need of a tandem dump truck due to the fire at the Shared Services Facility, and WHEREAS, the Town of Catharine is willing to sell their 1994 Auto Car tandem dump truck to Schuyler County Highway Department for $10,000, and WHEREAS, Highway Account No. 3.5130.238 will be used, and WHEREAS, the 1 Ton 4 Door Pickup Account will be reimbursed by Insurance. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Highway Superintendent is authorized to purchase said truck from the Town of Catharine. Vote 6-0. RESOLUTION NO. 187 Motion by Barnes, Second by Larison. RE: AUTHORIZATION TO DECLARE ITEMS JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Serial/VIN # Department 6126 Dell Optiplex GX620 4Y7NKC1 Elections 6138 Dell PowerEdge SC440 GXG1LC1 Elections 4393 Chair, Green Vinyl DSS 4399 Chair, Brown Vinyl DSS 4052 Lexmark Printer 11-DPW84 (4059-185) DSS 6292 Dell Optiplex 745 4GW8DF1 Veterans 6068 Dell GX620 Computer 6NMVWB1 Youth 6300 Phaser 8560 Printer FBT074887F Elections 2521 Green Chair D7NC45 DSS 6012 Optiplex GX620 F98R8C1 IT 6115 Optiplex GX620 J98R8C1 IT The following items are included as “clean up” to fixed asset records per IT review: 2553 Digital Monitor 44XTZB DSS 3692 Controller, Adaptec Mental Health 3693 Controller, Adaptec Mental Health 3817 Pentium File Server Sheriff 3876 Monitor DA 4755 Hub, D-Link Sheriff (Stop DWI) 83 PROCEEDINGS OF THE YEAR 2013
4813 Dell Computer H7MW801 Public Health 4827 HP Scanner SSG09M260JY DA 4842 Dell Optiplex GX110 28MW801 Public Health 4844 Dell Optiplex GX110 F9MW801 Mental Health 4952 Dell Latitude Laptop H4F0M01 Public Health 5004 Dell Optiplex GX240 24K5411 Mental Health 5005 Dell Optiplex GX240 34K5411 Mental Health 5006 Dell Optiplex GX240 44k5411 Mental Health 5007 Dell Optiplex GX240 9PWKJ11 Mental Health 5030 Dell Optiplex GX240 2JX0411 Mental Health 5032 Dell Latitude C610 H7H7411 Mental Health 5033 Dell Latitude C610 CT3H411 Mental Health 5047 Dell Optiplex G240 J3C1C11 Public Health 5048 Dell Optiplex G240 14C1C11 Public Health 5049 Dell Latitude C610 6T6YB11 Mental Health 5054 Dell Latitude C610 73K3C11 Mental Health 5055 Dell Optiplex G240 38F8C11 Mental Health 5067 Dell Latitude C610 2MBQD11 Mental Health 5068 Dell Optiplex G240 JLMWD11 Mental Health 5094 Dell Optiplex GX240 BC07K11 Mental Health 5120 Dell Optiplex GX260 FFSHN11 Mental Health 5130 Latitude C610 CFCLN11 Mental Health 5131 Dell Optiplex GT260 C5BLN11 Mental Health 5154 Computer Dimension 4500 8LY6Y11 Public Health 5163 Optiplex GX 260T JGLR021 Highway 5168 Dell Optiplex GX260 6QYR121 Mental Health 5180 Dell Laptop C610 C1ZQ321 Mental Health 5218 Dell Optiplex 948D721 Highway 5247 Dell Optiplex GX260 CQYR121 Mental Health 5248 Dell C610 Latitude 9GRK121 Mental Health 5250 Dell Optiplex GX260 FQYR121 Mental Health 5251 Dell Optiplex GX260 1GSHN11 Mental Health 5261 Dell Optiplex GT260 85BLN11 Mental Health 5367 V3 Expansion Station Mental Health 5368 V3 Expansion Station Mental Health 5376 Dell Latitude Laptop C610 C13C721 Public Health 5461 Dell Latitude Laptop D600 80X5J31 Emergency MGT. 5468 Dell Latitude Laptop D600 137TM31 Public Health 5482 Dell Latitude Laptop D600 C37TM31 Public Health 5483 Dell Latitude Laptop D600 H37YM31 Public Health 5710 Dell Optiplex GX280 BFL8H51 Public Health 5714 Dell Optiplex GX280 4D8QL51 Public Health 5728 Dell Optiplex GX280 G9GZL51 Public Health 5827 Optiplex GX280 Minitower 2809771 Public Health 6021 Optiplex GX520 GV6PJ91 Probation 6022 Optiplex GX520 2J0Q891 Real Property Vote 6-0. RESOLUTION NO. 188 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE GOVERNING THE SUBMISSION OF A ONE PART, BAR-CODED RP-5217 REAL PROPERTY TRANSFER FORM – REAL PROPERTY WHEREAS, Real Property Tax Law section 574 provides that on or before the fifteenth day of each month County recording officers shall furnish to the NYS Department of Taxation & Finance, Office of Real Property Tax Services (ORPTS), a report showing all the transfers of real property during the preceding month, and WHEREAS, this reporting process can be greatly expedited through the use of the SalesScan application provided by ORPTS. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with the NYS Department of Taxation & Finance for the Real Property Tax Service for use of the SalesScan application at no cost to the county; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 189 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDING THE CONTRACT WITH KVS INFORMATION SYSTEMS, INC. (KVS) FOR AN ADDITIONAL CENTRALIZED COLLECTION MODULE - TREASURER’S OFFICE WHEREAS, KVS Information Systems, Inc. (KVS) is the current provider of Annual Software Subscriptions and Telephone Hotline Support for all of Schuyler County, and WHEREAS, the agreement is with said firm to provide technology hardware and software enabling the County to perform its daily functions, and WHEREAS, KVS has provided a proposal, in the amount of $2,295, to the Treasurer’s Office for the Centralized Collection (Property Tax Collection) module of the KVS Enterprise Software/Hardware package currently contracted with KVS by Schuyler County, and WHEREAS, it is the desire of the Treasurer’s Office to upgrade our Tax Collection process. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract amendment with KVS for the Treasurer’s Office for an additional one-time only charge of $2,295.00 to allow for the implementation of system software and support to effect Schuyler County utilization of the Collection Module in KVS Enterprise Live, funding available in the 2013 budget account no. 1325.435- Professional Fees and Services; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 190 Motion by Halpin, Second by Field. RE: AUTHORIZE 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, 2012 through March 31, 2013, pursuant to Section 261 of the New York State Tax Law, and the same has been apportioned to the various municipalities thereto. NOW, THEREFORE, BE IT RESOLVED, that the County Treasurer be, and hereby is, authorized to pay the respective towns and villages of Schuyler County those amounts listed on Exhibit "A" attached hereto. 85 PROCEEDINGS OF THE YEAR 2013
Vote 6-0. RESOLUTION NO. 191 Motion by Larison, Second by Halpin. RE: AUTHORIZE AN AGREEMENT WITH PUBLIC EMPLOYER RISK MANAGEMENT ASSOCIATION, INC. (PERMA) TO JOIN THEIR WORKER’S COMPENSATION GROUP SELF- INSURANCE PROGRAM – HUMAN RESOURCES WHEREAS, the County of Schuyler desires to secure its obligation to provide volunteer firefighters’ benefit law, volunteer ambulance workers’ benefit law and workers’ compensation benefits, as applicable, though participation in a group self-insurance program of which the County of Schuyler will be a member, and WHEREAS, the County of Schuyler does hereby resolve, pursuant to, and in accordance with the provisions of Section 50 of the New York State Workers Compensation Law and other applicable provisions of law and regulations thereunder, and WHEREAS, the Authorized Representative (hereinafter “Representative”) of the County of Schuyler does hereby resolve to secure the County of Schuyler’s obligation to provide volunteer firefighters’ benefit law, volunteer ambulance workers’ benefit law and workers’ compensation benefits, as applicable, through participation in a group self-insurance plan of which the County of Schuyler will be a member, and WHEREAS, the Representative of the County of Schuyler does hereby resolve to become a member of Public Employer Risk Management Association, Inc., a workers’ compensation group self-insurance program for local governments and other public employers and instrumentalities of the State of New York. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Public Employer Risk Management Association, Inc. (PERMA) for the Workers’ Compensation Program Agreement, in the amount not to exceed $188,361 for the term July 1, 2013 through July 1, 2014, funding available in the 2013 Human Resources budget account no. 9040.803-Worker’s Compensation; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 192 Motion by Larison, Second by Halpin. RE: AUTHORIZE AMENDING RESOLUTION NO. 160-12 TITLED “AUTHORIZE CONTRACT WITH ICON ENTERPRISES, INC. DBA CIVICPLUS FOR WEBSITE DEVELOPMENT AND HOSTING – INFORMATION TECHNOLOGY” WHEREAS, Resolution No. 160-12 authorized a Contract with CivicPlus to redesign and enable the county to update and interact with the website using a content management system and hosting the Schuyler County webpage for one year, after the go live date, and WHEREAS, CivicPlus’s annual Support, Maintenance and Hosting began May 2012, and WHEREAS, the fee for Annual Support, Maintenance and Hosting for the second year from May 2013 through April 2014 would be a cost of $4,540, and WHEREAS, the fee for Annual Support, Maintenance and Hosting for the third and fourth year would be a cost of $4,540 plus no more than a 5 percent (5%) increase added to the total cost of the previous year, and WHEREAS, the contract further states that after 48 consecutive months, Schuyler County is eligible for a CP Basic Redesign at no additional cost. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 160-12 be amended to change the Now Therefore Be It Resolved clause to read as follows: “NOW, THEREFORE BE IT RESOLVED, that the Chairman of the Legislature is authorized to enter into contract with CivicPlus, 317 Houston Street, Suite E, Manhattan, KS 66502 at a cost of $19,234.77, for the Development which includes the hosting, consulting, training and support for one year and the second year of Annual Support, Maintenance and Hosting for May 2013 through April 2014 of the Schuyler County webpage at a cost of $4,540. The fee for the third and fourth year would be a cost of $4,540 plus no more than a 5 percent (5%) increase added to the total cost of the previous year, funding available in Information Technology account no.1680-400; subject to approval of the Schuyler County Attorney.” Vote 6-0. RESOLUTION NO. 193 Motion by Larison, Second by Halpin. RE: DECLARE NEGATIVE DECLARATION STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) FOR ISSUANCE FOR PUBLIC ENTERTAINMENT PERMIT, WATKINS GLEN INTERNATIONAL, INC. 2013 EVENTS WHEREAS, in accordance with Local Law No. 4 of the Year 2010, Watkins Glen International, Inc., of Watkins Glen, NY has applied for a Public Entertainment (Outdoor) Permit for the 2013 season of events, and WHEREAS, the proposed events are: Finger Lakes Wine Festival, July 12, 2013 – July 14, 2013 NASCAR, August 8, 2013 – August 11, 2013, and 87 PROCEEDINGS OF THE YEAR 2013
WHEREAS, all events will take place at the Watkins Glen International facility located in the Town of Dix, Schuyler County, NY, and WHEREAS, in compliance with NYCRR Part 617 State Environmental Quality Review (SEQR), Schuyler County must review the potential environmental impacts associated with the issuance of a permit under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, and WHEREAS, on May 14, 2013, Resolution No. 164, the Legislature declared its intent to serve as lead agency for the environmental review and accepted the Environmental Assessment Form (EAF) and notified involved agencies of this intent to serve as lead agency, and WHEREAS, no involved agencies challenged Schuyler County’s assertion of lead agency status within the required 30-day waiting period, and the Schuyler County Legislature considers itself as lead agency in this action. NOW, THEREFORE, BE IT RESOLVED, that upon review of the submitted EAF and the permit materials provided by Watkins Glen International, Inc., and in consultation with the County Attorney and County Administrator, the Schuyler County Legislature finds that the issuance of the Public Entertainment (Outdoor) Permit for the proposed events listed in this resolution will not result in any significant negative environmental impacts, and accordingly issues a negative declaration of environmental impact. Vote 5-0. Abstain: Barnes. RESOLUTION NO. 194 Motion by Barnes, Second by Halpin. RE: AUTHORIZE AMENDING THE 2013 UNALLOCATED INSURANCE BUDGET WHEREAS, the Schuyler County Shared Public Works Facility experienced a fire on March 23, 2013, and WHEREAS, there have been expenditures from departmental budgets due to said fire, and WHEREAS, departmental budget lines were not prepared for such expenses, and WHEREAS, the U.S. Specialty Insurance Company has advanced Schuyler County $100,000 to reimburse county department lines accordingly to cover expenses associated to the fire. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the Unallocated Insurance Budget as follows below: AMOUNT ACCOUNT NO. DESCRIPTION +$100,000 1910.2680 Insurance Recoveries +$100,000 1910.418 Insurance BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to reimburse county department budget lines up to $100,000 as directed by the County Administrator’s Office from the 1910.0418 account. Vote 6-0. RESOLUTION NO. 195 Motion by Barnes, Second by Halpin. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2013/2014 NYS AID TO PROSECUTION GRANT - DISTRICT ATTORNEY WHEREAS, NYS Division of Criminal Justice Services has grant funding available through an Aid to Prosecution Grant for the purpose of assisting the Schuyler County District Attorney’s Office in prosecuting felony offenses, and WHEREAS, this Grant is estimated to be in the amount of $29,200. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County District Attorney to submit a grant application for 2013/2014 NYS Aid to Prosecution Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $29,200; said documents subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 196 Motion by Barnes, Second by Halpin. RE: AUTHORIZE A CONTRACT WITH STEINMETZ PLANNING GROUP TO ASSIST WITH THE COMPLETION OF THE COUNTY-WIDE COMPREHENSIVE PLAN WHEREAS, Schuyler County Planning Department is working with all of the municipalities in the county to complete a joint comprehensive plan, and WHEREAS, a steering committee made of representatives from the County Planning Commission, general public and representatives from each municipality was established to assist with creation of the County- Wide Plan and specifically to help with the selection of a consultant and WHEREAS, the committee bid-out the process and held interviews with 2 consultant companies and selected Steinmetz Planning Group as the consultant to assist with the County-Wide Comprehensive Plan, and WHEREAS, the Planning Director, with assistance from the steering committee, reviewed the contract from Steinmetz Planning Group and deemed it acceptable for execution. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute the contract with the Steinmetz Planning Group to assist with the completion of the County-Wide Comprehensive Plan, at a cost of $30,000 , funding available in the 2013 budget account no. 8020.359- Comprehensive Plan, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 197 Motion by Larison, Second by Halpin. RE: RESOLUTION SETTING PUBLIC HEARING & SEQR HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2013 WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and WHEREAS, in 2013 the County did receive two requests from landowners for inclusion in a Schuyler County Agricultural district, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on April 22, 2013 that the requests are comprised of approximately 160 acres of substantially viable agricultural land in parcel 4.00-1-26.1 and 88.17-1-3.1, and WHEREAS, in compliance with New York State Environmental Quality Review laws, Schuyler County must review the potential environmental impacts of the action of including these 160 acres in Schuyler County Agricultural District #1 and #3, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature does intend to hold a SEQR hearing and public hearing for consideration of the recommendations by the Board on the inclusion of said parcels 4.00-1-26.1 and 88.17-1-3.1 on July 8, 2013 at 6:45 p.m. at the Regular Meeting of the Legislature. Vote 6-0. RESOLUTION NO. 198 Motion by Larison, Second by Halpin. RE: ESTABLISH LEAD AGENCY STATUS FOR REVIEW PURPOSES – CONSTRUCTION OF FIRE, EMS AND PUBLIC WORKS COMMUNICATION TOWERS WHEREAS, in compliance with NYCRR Part 617 State Environmental Quality Review (SEQR), Schuyler County must review the potential environmental impacts associated with the construction of three communication towers in the Town of Hector, Town of Tyrone, and the Village of Watkins Glen, and WHEREAS, the Schuyler County Legislature has preliminarily determined that the proposed action is Type I and would be best served by a coordinated review including potential involved agencies, and has received a complete Part I of the Environmental Assessment Form (EAF) from the applicant, Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature accepts Part I of the EAF and does intend to establish lead agency status of the purposes of the environmental review of this action, and will notify involved agencies of this intent. If, after 30 days no involved agency challenges this status, then the Schuyler County Legislature will consider itself to hold lead agency status, and will proceed with the review. Vote 6-0. RESOLUTION NO. 199 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH NEW YORK STATE CARE COORDINATION PROGRAM, INC. – COMMUNITY SERVICES 89 PROCEEDINGS OF THE YEAR 2013
WHEREAS, New York Care Coordination Program, Inc. (NYCCP) operates a Regional Behavioral Health organization, and WHEREAS, Schuyler County Community Services is required to enter into a Contract with a Regional Behavioral Health organization, and WHEREAS, Schuyler County Community Services wishes to be part of the NYCCP network and to deliver services pursuant to third-party contracts entered into by NYCPP. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with New York Care Coordination Program, Inc, effective immediately through December 31, 2014, to be automatically renewed thereafter, unless terminated by either party, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 200 Motion by Halpin, Second by Field. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING FRINGE BENEFITS WHEN WORK HOURS INCREASE FROM 35 TO 40 WHEREAS, the County and the CSEA are parties to a collective bargaining agreement (“Agreement”) covering the period of January 1, 2011 through December 31, 2015, governing terms and conditions of employment for certain employees of the County, and WHEREAS, the current agreement Article IX Section 1 provides for hours for the workweek for bargaining unit employees, and WHEREAS, the current agreement Article VIII provides for vacation accruals, Article XI provides sick leave accruals and Article VII provides for holiday pay, and WHEREAS, the County and the CSEA have met and discussed the workweek hours for employees who are employed for a period of six (6) months or more and are either permanently appointed or are granted additional hours pursuant to Article IX, Section 5 from thirty-five (35) hours to forty (40) hours and leave time for vacation, sick, personal and floating holiday, and WHEREAS, the County and the CSEA have reached a mutual agreement regarding the accruals for those employees mentioned in the above referenced paragraph. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Agreement with the Schuyler County Civil Service Employee’s Association, Inc. as set forth above; effective retroactive to January 1, 2013, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 201 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH AUTOMATIC DATA PROCESSING (ADP) INC. – HUMAN RESOURCES WHEREAS, the County currently contracts with ADP for automated employee files as well as time and attendance recording, and WHEREAS, the Treasurer’s Office and Human Resources Department have researched automating employee payroll with ADP, and find it to be time saving and cost effective, and WHEREAS, the Treasurer and Personnel Officer, in conjunction with the County Administrator, recommend accepting the proposal from ADP, Inc. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an ongoing contract with Automatic Data Processing (ADP) Inc. for automated employee payroll commencing August 1, 2013, at a cost (based upon a 250 employee count) of $10,583.46 annually, with a yearend W2 processing fee of $1,637.50, and a one-time implementation fee of $1,500.00; contract documents subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that funding for said service is in the 2013 Human Resources budget account no. 1430.435 – Professional Fees and Services. Vote 6-0. RESOLUTION NO. 202 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN AND TO CREATE/FILL THE POSITION OF COMPLIANCE OFFICER WHEREAS, the County is required to ensure compliance with regulatory procedures as identified by NYS Office of Mental Health and Mental Hygiene Law, and WHEREAS, such services had been performed by the School Support Services Coordinator contracted through Watkins Glen Central School District (WGCSD), and WHEREAS, the contract between WGCSD and Schuyler County is not being renewed effective June 30, 2013 , and WHEREAS, compliance services will now be provided in-house, and WHEREAS, the position of Compliance Officer needs to be created, and WHEREAS, the County Administrator and Personnel Office have completed the following factor rating for the position of Compliance Officer: I Accountability 90 II Complexity of Duties 60 III Experience/Knowledge 85 IV External Contacts 45 V Independent Judgment 100 VI Internal Contact 60 VII Impact on Programs/Adm. 75 VIII Interpersonal Skills 60 IX Supervision/Leadership 25 TOTAL 600 = Grade G, and NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the addition of the Compliance Officer position with the above factor rating in Grade Level G, and BE IT FURTHER RESOLVED, that the Community Services Department is hereby authorized to create and fill a full-time Compliance Officer position with a salary range of $43,506 – $64,509, effective immediately. Vote 6-0. RESOLUTION NO. 203 Motion by Halpin, Second by Field. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE COMPLIANCE OFFICER POSITION – COMMUNITY SERVICES WHEREAS, the Compliance Officer position has been created, and WHEREAS, the Director of Community Services wishes to appoint John Christopher Burns to the full time position of Compliance Officer. NOW, THEREFORE, BE IT RESOLVED, that that the Schuyler County Legislature acknowledges the appointment by Mary C. Hayes, Director of Community Services, of John Christopher Burns as the Compliance Officer, at an annual salary of $ 54,819, effective July 1, 2013, said position is in Grade Level G of the Management/Confidential Salary Plan. Vote 6-0. RESOLUTION NO. 204 Motion by Halpin, Second by Field. RE: AUTHORIZE AMENDMENT TO THE MANAGEMENT/CONFIDENTIAL SALARY PLAN TO CREATE, FILL, ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR AN INFORMATION TECHNOLOGY ADMINISTRATOR POSITION WHEREAS, the Information Technology Director position is currently vacant and Information Technology support is necessary until such time as the Director position can be filled, and WHEREAS, the position of Information Technology Administrator will be a part time, on-call position, providing Information Technology support as needed until such time an Information Technology Director is hired and trained, and WHEREAS, the County Administrator and the Personnel Officer have completed the following factor rating for the position: 91 PROCEEDINGS OF THE YEAR 2013
I Accountability 90 II Complexity of Duties 120 III Experience/Knowledge 95 IV External Contacts 60 V Independent Judgment 100 VI Internal Contact 60 VII Impact on Programs/Adm 75 VIII Interpersonal Skills 80 IX Supervision/Leadership 50 TOTAL 730 = Grade I, and NOW, THEREFORE, BE IT RESOLVED, that the Management/Confidential Salary Plan be amended to reflect the addition of the Information Technology Administrator position with the above factor rating in salary Grade I, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment by Timothy O’Hearn, County Administrator of Loren M. Cottrell as Information Technology Administrator at an annual salary of $74,643 pro-rated to an hourly rate of $40.8555, Grade Level I in the Management/Confidential Salary Plan, to work up to 35 hours per week on a temporary basis; funding available in 2013 budget account no. 1680.100, effective June 8, 2013. Vote 6-0. RESOLUTION NO. 205 Motion by Halpin, Second by Field. RE: MOTION TO BRING FOUR (4) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that four (4) Resolutions be brought to the floor. Vote 6-0. RESOLUTION NO. 206 Motion by Larison, Second by Field. RE: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A STATE GRANT-IN- AID FOR A MUNICIPAL WASTE REDUCTION AND/OR RECYCLING PROJECT AND SIGNING OF THE ASSOCIATED STATE CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW YORK STATE WHEREAS, the State of New York provides financial aid for municipal waste reduction and recycling projects; and WHEREAS, Schuyler County Legislature 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 benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid; NOW, THEREFORE, BE IT RESOLVED BY Schuyler County Legislature: 1 That filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2 That the Chairman of the Schuyler County Legislature is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE. 3 That the MUNICIPALITY agrees that it will fund its portion of the cost said Municipal Waste Reduction and Recycling Project. 4 That (4) Certified Copies of this Resolution be prepared and sent to the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ALBANY, NEW YORK 12233-7260, together with ONE complete application. 5 That resolution shall take effect immediately. DISCUSSION: Legislator Halpin asked about any costs associated with this grant. Administrator O’Hearn explained that the costs are through the grant and this is something that Cornell Cooperative Extension handled for the County in the past per contract arrangement, and now it is being handled through our Planning Department. Legislator Halpin asked if this was in the budget. Administrator O’Hearn said yes, however he had budgeted $15,000 and he hopes to receive $22,000. Vote 6-0. RESOLUTION NO. 207 Motion by Larison, Second by Field. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING MARILYN JONES TEMPORARILY ASSUMING SOME INFORMATION TECHNOLOGY DIRECTOR DUTIES IN THE INFORMATION TECHNOLOGY DEPARTMENT – RESCINDED BY RESOLUTION NO 231-13 WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, the Employee currently holds the title of Computer Technical Assistant, and is represented by the Union, and WHEREAS, the County Information Technology Director position will be vacant effective June 8, 2013, and WHEREAS, the County has requested the Employee assume some of the duties associated with the Information Technology Director position until the vacancy is filled, in addition to her current duties as Computer Technical Assistant, and to be compensated for the additional responsibilities and duties during this time, and WHEREAS, the County, the Union and the Employee have agreed upon the additional duties and compensation for the Employee, and WHEREAS, the County, the Union and the Employee now wish to document the terms of their agreement. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Agreement, which includes compensation in the amount of $250 per pay period, for Marilyn Jones, Computer Technical Assistant, with the Schuyler County Civil Service Employee’s Association, Inc. as set forth above, effective June 10, 2013; subject to the approval of the Schuyler County Attorney. Vote 6-0. WITHDRAWN RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY HIGHWAY UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 REGARDING SNOW PLOWING CALL OUT AFTER HOURS - WITHDRAWN WHEREAS, the Collective Bargaining Agreement (CBA) does not address the call out of members of the CSEA Highway Bargaining Unit after work hours to perform snow removal operations and related work (“Snow Removal”); and WHEREAS, the CSEA Highway Bargaining Unit filed an Improper Practice Charge No. U-32604 (“IP Charge”) alleging that the Highway Superintendent and the Deputy Highway Superintendent were performing bargaining unit work exclusive to said union; and WHEREAS, Schuyler County maintained that the alleged bargaining work was not exclusively performed by the members of the CSEA Highway Bargaining Unit filed and that Snow Removal was, in fact, work performed during and after hours in the past by the Highway Superintendent and the Deputy Highway Superintendent; and WHEREAS, Schuyler County and the CSEA Highway Bargaining Unit have agreed to resolve this dispute short of further proceedings relative to the IP Charge and without either side admitting fault; and WHEREAS, this agreement shall modify the CBA. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Agreement with the SCHUYLER COUNTY HIGHWAY UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 as set forth above, effective June 10, 2013; subject to the approval of the Schuyler County Attorney. RESOLUTION NO. 208 Motion by Larison, Second by Field. 93 PROCEEDINGS OF THE YEAR 2013
RE: LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. 2 OF THE YEAR 2013 SETTING THE SALARY FOR THE CHAIRMAN OF THE LEGISLATURE FOR THE YEAR 2014 WHEREAS, Local Law Intro. No. 5/Local Law No. 2 of the Year 2013 Setting the Salary for the Chairman of the Legislature for the Year 2014 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held June 10, 2013 at 6:50 p.m., 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 Local Law Intro. No. 5/Local Law No. 2 of the Year 2013, in the form hereto annexed be, and hereby is, passed, adopted and enacted, and BE IT FURTHER RESOLVED, that the Clerk of this Legislature duly cause the publication of the passage, enactment and adoption of Local Law Intro. No. 5/Local Law No. 2 of the Year 2013, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 5/LOCAL LAW NO. 2 OF THE YEAR 2013 A Local Law Setting the Salary for the Chairman of the Legislature for the Year 2014. Section 1. LEGISLATIVE INTENT This Local Law in enacted pursuant to Sections 200 and 201 of the County Law for the purpose of setting the salary for the Chairman of the Legislature for the Year 2014. Section 2. OFFICIALS/SALARIES Effective with the first County payroll for fiscal year 2014 the annual salary for the Chairman of the Legislature is hereby established, to wit: TITLE 2014 SALARY Chairman of the Legislature $5,448 This Local Law replaces Local Law No. 5 of the Year 2007 in its entirety. Section 3. EFFECTIVE DATE This Local Law shall take effect immediately upon the filing with the Secretary of State. Vote 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None REPORT ON STANDING COMMITTEES: Legislator Halpin reported that the Youth Board held its annual meeting and recognized the youth that participate in youth court. Two people were recognized for being particularly helpful and they were Beverly Clickner and Judge Raymond Berry. She also reported that the Public Health Department now has open access. This means that they hold open hours for people to come in without having an appointment. Chairman Fagan reported that during last month’s Regular Board Meeting, Mark Simiele from Captain Bill’s, and his son William, were present and provided the board with some specifics regarding the lease negotiations. He stated that he is very pleased to report that we have reached an agreement with him. The final details are being worked out. He is going to be staying at Seneca Harbor Park. He is relieved it is completed and is moving forward. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the County received a grant notification today from the New York State Office of Homeland Security that there are additional funds in the amount of $55,000 for communications. The grant application is due by June 24, 2013, so he will get with Bill Kennedy, Emergency Management Director, when he returns from vacation to ask that he update his Committee. PUBLIC PARTICIPATION: Legislator Field thanked both Chairman Fagan and Administrator O’Hearn for handling the lease negotiations with Mark Simiele. He feels it was done in good faith for both sides. Mr. Rondinaro wanted to know if the County requested competitive bids for the payroll services on Intro. No. 23. Administrator O’Hearn explained that is State contract pricing and that it is linked through our current Financial System (KVS). He explained that it is a cloud based system and the previous Treasurer would never agree to it. It will be more efficient and will reduce costs as well as man power. Mr. Rondinaro said there are a lot of companies out there that do this type of thing for a lot less. Administrator O’Hearn reiterated the reason we decided to go with ADP. Mr. Hurley questioned the contract for the Comprehensive Plan and why the County could not do this on its own. Chairman Fagan explained the survey and the outreach with the Towns and Villages. The results need to be compiled and the focus of this consultant firm will be more in the policy area. MOTION by Legislator Barnes to go onto executive session to discuss employee work history. SECOND by Legislator Field. Motion carried six ayes to zero noes. MOTION by Legislator Halpin to come out of executive session, SECOND by Legislator Larison. Motion carried six ayes to zero noes. The Meeting adjourned at 7:15p.m. Jamee L. Mack, Deputy Clerk
SPECIAL MEETING JUNE 20, 2013
The June 20, 2013 Special Meeting of the Schuyler County Legislature was called to order at 2:00 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Karius who were excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Mark Rondinaro inquired as to why this emergency Special Meeting was called, and thanked Legislator Larison for letting him know about the meeting. Administrator O’Hearn explained that the agreement with the Highway Union was an emergency with a deadline, and the IT Director can start working for us earlier if we hire him earlier than July 8th. Mr. Rondinaro commented that he does not see the need for an emergency hire as the previous IT Director was kept on in a different title to help in between. Legislator Halpin asked what the deadline was for the Highway Agreement. Administrator O’Hearn explained that as part of the PERB process it had to be resolved before June 27th. The timetable was agreed upon after the last Regular Legislative Meeting and was just finalized this morning. RESOLUTION NO. 209 Motion by Larison, Second by Gifford. RE: RATIFICATION OF SPECIAL MEETING 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: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY HIGHWAY UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 REGARDING SNOW PLOWING CALL OUT AFTER HOURS AUTHORIZE APPOINTMENT AND SET SALARY FOR THE INFORMATION TECHNOLOGY DIRECTOR POSITION Vote 6-0. RESOLUTION NO. 210 Motion by Barnes, Second by Larison. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE SCHUYLER COUNTY HIGHWAY UNIT OF LOCAL 849, UNIT #8600, AFSCME, CSEA LOCAL 1000 REGARDING SNOW PLOWING CALL OUT AFTER HOURS WHEREAS, the Collective Bargaining Agreement (CBA) does not address the call out of members of the CSEA Highway Bargaining Unit after work hours to perform snow removal operations and related work (“Snow Removal”); and WHEREAS, the CSEA Highway Bargaining Unit filed an Improper Practice Charge No. U-32604 (“IP Charge”) alleging that the Highway Superintendent and the Deputy Highway Superintendent were performing bargaining unit work exclusive to said union; and WHEREAS, Schuyler County maintained that the alleged bargaining work was not exclusively performed by the members of the CSEA Highway Bargaining Unit filed and that Snow Removal was, in fact, 95 PROCEEDINGS OF THE YEAR 2013 work performed during and after hours in the past by the Highway Superintendent and the Deputy Highway Superintendent; and WHEREAS, Schuyler County and the CSEA Highway Bargaining Unit have agreed to resolve this dispute short of further proceedings relative to the IP Charge and without either side admitting fault; and WHEREAS, this agreement shall modify the CBA. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Agreement with the Schuyler County Highway Unit of Local 849, Unit #8600, AFSCME, CSEA LOCAL 1000 as set forth above, effective June 10, 2013; subject to the approval of the Schuyler County Attorney. DISCUSSION: Legislator Halpin asked what this agreement is authorizing. Administrator O’Hearn explained that it agrees to not have management operate heavy plow trucks in the future and be more sensitive to concerns in the future. They will still use management rights when required, and it is not changing our current practice. Vote: 6-0. RESOLUTION NO. 211 Motion by Barnes, Second by Larison. RE: AUTHORIZE APPOINTMENT AND SET SALARY FOR THE INFORMATION TECHNOLOGY DIRECTOR POSITION WHEREAS, the Information Technology Director position has been vacant since June 8, 2013, and WHEREAS, it is upon recommendation by the Personnel Officer and County Administrator that Paul Lutwak be appointed to said position. NOW, THEREFORE, BE IT RESOLVED, that Paul Lutwak be appointed Information Technology Director, effective July 8, 2013, at an annual salary of $69,000 Grade I, in the Management/Confidential Salary Plan. DISCUSSION: Legislator Halpin asked what the previous Information Technology Director was making for a salary. Administrator O’Hearn said it was approximately $75,000. He is recommending this starting salary for Mr. Lutwak because of his level of experience. He realizes it is just above the mid-point of the hiring salary range, however he has been in an administrative position for more than twenty years. He is currently the IT Director for the Newfield School District. Vote: 6-0. RESOLUTION NO. 212 Motion by Larison, Second by Field. RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) additional Resolution be brought to the floor. DISCUSSION: Administrator O’Hearn explained that an employee is leaving as of tomorrow and with the unknown circumstances of the future of the Medicaid unit, he does not wish to fill the position. This is temporary solution for now. Vote: 6-0. RESOLUTION NO. 213 Motion by Larison, Second by Field. E: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEES ASSOCIATION (CSEA) ADMINSITRATIVE UNIT, INC. REGARDING KRISTA COATS TEMPORARILY ASSUMING MEDICAID COORDINATOR DUTIES WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, the Employee currently holds the title of Principal Social Welfare Examiner in Social Services, and is represented by the Union, and WHEREAS, the County has decided to temporarily assign the Employee with some of the duties of the Medicaid Coordinator in Social Services, and WHEREAS, the County, the Union and the Employee have agreed upon the temporary duties for the Employee, and WHEREAS, the County, the Union and the Employee now wish to document the terms of their agreement. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature be hereby authorized to enter into a Memorandum of Agreement with the Schuyler County Civil Service Employee’s Association (CSEA) Administrative Unit, Inc. as set forth above, effective June 24, 2013, pending approval by labor counsel and CSEA; agreement subject to the approval of the Schuyler County Attorney. Vote: 6-0. PUBLIC PARTICIPATION: None. MOTION by Legislator Gifford to go into executive session to discuss litigation, SECOND by Legislator Field. Motion carried six ayes to zero noes. MOTION by Legislator Gifford to come out of executive session, SECOND by Legislator Field. Motion carried six ayes to zero noes. The Meeting adjourned at 2:46 p.m. Stacy B. Husted, Clerk
REGULAR MEETING JULY 8, 2013
The July 8, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Alan Hurley, from the Town of Tyrone was present and asked a number of questions regarding a few of the Resolutions on the Agenda. All of his questions were answered to his satisfaction by Administrator O’Hearn or Chairman Fagan. Mr. Hurley said he was upset with the sign that was going to be placed on the Courthouse lawn in front of the Veteran’s Memorial Monument and our historical building. He asked why it could not be put in front of the Public Health building. Administrator O’Hearn explained that this it to provide information to the public said there is no visibility at the Public Health building. Mr. Hurley then asked that the Legislature pass a Resolution that would prevent the Town of Tyrone Board from adopting a raise for themselves when a tax levy increase would be put into effect. Chairman Fagan and County Attorney Rossi both explained to Mr. Hurley that the County has no jurisdiction over any Town Board. Mr. Mark Rondinaro questioned Intro No. 20 regarding the term limits for new Legislators. He wanted clarification on the years contributed. Attorney Rossi explained that the Legislators elected in the upcoming election will then start their twelve (12) year term limit. Chairman Fagan stated that it is effective January 1, 2014. 6:45 P.M. PUBLIC HEARING & SEQR HEARING FOR ANNUAL AGRICULTURAL DISTRICT ENROLLMENT FOR 2013: None. RESOLUTION NO. 214 Motion by Gifford, Second by Halpin. RE: APPROVE MINUTES OF THE JUNE 10, 2013 REGULAR MEETING AND THE JUNE 20, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the June 10, 2013 Regular Meeting, and the June 20, 2013 Special Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 215 Motion by Barnes, Second by Gifford. RE: AUTHORIZE GRANT APPLICATION TO THE NEW YORK STATE OFFICE OF HOMELAND SECURITY FOR HOMELAND SECURITY PREPAREDNESS - EMERGENCY MANAGEMENT/SHERIFF WHEREAS, the New York State Office of Homeland Security offered counties money for Homeland Security Preparedness, and WHEREAS, the Emergency Management Office wishes to apply for $41,250 under the State Homeland Security Program, and WHEREAS, the Sheriff also wishes to apply for $13,750 under the State Law Enforcement Terrorism Prevention Program, and 97 PROCEEDINGS OF THE YEAR 2013
WHEREAS, these funds are 100% with no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to the State Homeland Security Program and the State Law Enforcement Terrorism Prevention Program Grants; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 216 Motion by Barnes, Second by Gifford. RE: AUTHORIZE UPDATE TO THE OFFICE POLICY AND PROCEDURAL MANUAL FOR THE SCHUYLER COUNTY PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department has the need to continually update the office policy and procedural manual to comply with ever changing state mandates and evolving rules/regulations throughout the year, and WHEREAS, the Schuyler County Legislature adopted a Probation Policy and Procedure Manual in 2009, and WHEREAS, the Schuyler County Probation Department wishes to submit one finalized copy to the Legislature at the end of each year with all of the updates applied throughout the year, rather than request that the Legislature constantly approve updates to the manual as they change, and WHEREAS, said policy manual will be presented and reviewed for approval by the County Attorney, the Human Resources Director, and the County Administrator, prior to being updated each year. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the adoption of the updated policy and procedural manual as presented by the Director of the Schuyler County Probation Department, and also authorizes the review of the manual once per year for updates. Vote 7-0. RESOLUTION NO. 217 Motion by Barnes, Second by Gifford. RE: AUTHORIZE CONTRACT EXTENSION WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE NEW YORK STATE OFFICE OF VICTIM SERVICES GRANT FUNDS – DISTRICT ATTORNEY’S OFFICE WHEREAS, the District Attorney’s Office was previously awarded a three year contract from October 1, 2009 through September 30, 2012 in the amount of $143,457 from the New York State Office of Victim Services (previously known as the Crime Victims Board) to assist the Schuyler County District Attorney’s Office to ensure that victims of crimes are being assisted as well as being fully aware of the services available to them, and WHEREAS, the New York Office of Victim Services is offering a grant extension with additional funding in the amount of $48,574, with a 20% County match (10% in – kind and 10% to be funded from the District Attorney’s budget) for a one year term of October 1, 2013 through September 30, 2014. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature and the Schuyler County District Attorney be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $48,574 with a 20% County match (10% in kind and 10% to be funded from the District Attorney’s budget); said documents subject to approval by the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 218 Motion by Karius, Second by Halpin. RE: ACCEPTANCE OF 2013 AGRICULTURAL DISTRICT ANNUAL ENROLLMENT REQUESTS WHEREAS, in keeping with New York State Agriculture and Markets Law 25-AA, Section 303(b), Schuyler County holds an annual agricultural district enrollment period from January 15th to February 15th of each year, and WHEREAS, in 2013 the County did receive two requests from landowners for inclusion in Schuyler County Agricultural Districts #1 and #3, and WHEREAS, the Schuyler County Agriculture and Farmland Protection Board did find on April 22, 2013 that all of these requests are comprised of substantially viable agricultural land contained wholly within the following parcels: 4.00-1-26.1 totaling 144 acres owned by Walt Park 88.17-1-3.1 totaling 16.07 acres owned by Steven Bannister, and WHEREAS, Schuyler County has determined that the action to include 144 acres into Schuyler County Agriculture District #1 and 16.07 acres into Schuyler County Agriculture District #3, is an unlisted action and has elected to use form RA-115 provided by NYS Department of Agriculture and Markets to assess any environmental impacts, and WHEREAS, Schuyler County did hold a public hearing and SEQR hearing on the inclusion of these parcels in on July 8, 2013, after duly notifying the Town of Hector and the Village of Odessa and publishing a notice of public hearing in the paper of record, and NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature does accept these requested inclusions into Schuyler County Agricultural Districts #1 and #3, and requests that the Commissioner of the New York State Department of Agriculture and Markets certify these inclusions. Vote 7-0. RESOLUTION NO. 219 Motion by Halpin, Second by Gifford. RE: AUTHORIZE ADVERTISEMENT FOR REQUEST FOR PROPOSALS (RFP) FOR GIS-BASED ONE-CALL/ONE-CLICK TRANSPORTATION RESOURCE CENTER SOFTWARE WHEREAS, Schuyler County has been awarded federal financial assistance to provide scheduling and routing to implement a one-call/one-click system to accommodate Veterans’ transportation needs, and WHEREAS, as a condition of said award, an RFP is required to award contracts for software associated with this system, and WHEREAS, The Arc of Schuyler County as the Transit Operator for the County will coordinate the solicitation, review, and recommendation of proposals for scheduling software. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature authorizes the advertisement and development of an RFP for said software, and BE IT FURTHER RESOLVED, that The Arc of Schuyler County is authorized to accept the sealed bids on behalf of Schuyler County, with the actual award subject to the approval of the Schuyler County Attorney and Schuyler County Legislature. Vote 7-0. RESOLUTION NO. 220 Motion by Halpin, Second by Gifford. RE: AUTHORIZE APPOINTMENT TO THE MENTAL HEALTH SUBCOMMITTEE – COMMUNITY SERVICES WHEREAS, the Mental Health Subcommittee has vacancies, and WHEREAS, Judith Philips has expressed an interest in serving on this subcommittee. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature approves the appointment of Judith Philips to the Mental Health Subcommittee for the term July 8, 2013 through December 31, 2013. Vote 7-0. RESOLUTION NO. 221 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AGREEMENT WITH MASTERMIND ENTERTAINMENT/AUTHORIZE AMENDING THE 2013 BUDGET – PUBLIC HEALTH WHEREAS, Schuyler County Public Health received funds from the Schuyler County Child Abuse Task Force upon their disbanding in the amount of $2,000, and WHEREAS, Schuyler County Public Health committed to organizing the Strong Kids Save Kids Event for the community using these funds, and WHEREAS, Mastermind Entertainment has agreed to provide a children’s obstacle course during this event, scheduled for September 21, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Mastermind Entertainment for services on September 21, 2013, for a total of $300.00, funds available in the Public Health budget, account no. 4010.495, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer be authorized to amend the 2013 Public Health Budget to allow payment of expenses related to this year’s Strong Kids / Safe Kids Event, funding available in account 1.1.691, as follows: 99 PROCEEDINGS OF THE YEAR 2013
AMOUNT ACCOUNT DESCRIPTION +$2,000 4010.1689 Other Revenue +$2,000 4010.495 Youth Programs Vote 7-0. RESOLUTION NO. 222 Motion by Halpin, Second by Barnes. RE: AUTHORIZE AMENDMENT TO THE 2013 CONTRACT WITH GTL, INC, D/B/A LINK TO LIFE TO ADD CELL PHONE COVERAGE – SOCIAL SERVICES WHEREAS, Schuyler County Department of Social Services (DSS), currently has a contract with GTL, Inc who provides personal emergency response services (PERS) to MA recipients whom DSS determines eligible to receive these services, and WHEREAS, some residents in Schuyler County only use cell phone service requiring the need for cell service for the (PERS) system to operate in their homes at a cost of $38 for cell phones only, and WHEREAS, DSS will be reimbursed by Medicaid at no cost to the county for this expense. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an amendment to the 2013 contract with GTL, INC for DSS to purchase PERS for eligible persons, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 223 Motion by Halpin, Second by Barnes. RE: AUTHORIZE CONTRACT WITH RESULTS LEADERSHIP GROUP, LLC FOR RESULTS SCORECARD, A PERFORMANCE ACCOUNTABILITY SYSTEM - SOCIAL SERVICES WHEREAS, Schuyler County Department of Social Services (DSS), Mental Health, Public Health, Office for the Aging, Probation, and Youth Bureau need a system to collect data to measure outcomes for children and families in Schuyler County, and WHEREAS, the Results Scorecard is a web-based data collection system that is designed to show results of interventions and programs, and WHEREAS, DSS currently has money in its 2013 budget to pay $25,674 for a two year contract for the Results Scorecard to be used, and WHEREAS, DSS will be able to be reimbursed for the system at a 62% - 38% rate. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Results Leadership Group, LLC for DSS for the collection and analysis of data in determining the effectiveness of the strategies the term of two years, August 1, 2013 through July 31, 2015, at a cost of $25,674, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 224 Motion by Halpin, Second by Barnes. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING (MOU) WITH KRISTINA CUMMINGS, DO – SOCIAL SERVICES WHEREAS, the Schuyler County Department of Social Services (DSS) requires a physician to be appointed as a Local Professional Director pursuant to 18 NYCRR 505.28, and WHEREAS, it is the duty of the Local Professional Director to perform an independent medical review of any consumer directed personal assistance cases where there is a discrepancy in the level, amount or duration of services to be authorized, or if the case involves continuous (16 or more hours/day) consumer directed personal assistance, and WHEREAS, Kristina Cummings, DO is a licensed Physician, licensed to practice in the State of New York, and has agreed to serve as the Local Professional Director for the Schuyler County Department of Social Services and to provide written recommendations pursuant to 18 NYCRR 505.28, and WHEREAS, this MOU is effective from May 1, 2013 through December 31, 2013, renewable annually. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby authorizes the Chairman of the Legislature to execute this MOU with Kristina Cummings, DO for the provision of Local Professional Director Services, at the rate of $60.00 per hour, for the period set forth above, to be renewed annually on a calendar year, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 225 Motion by Larison, Second by Gifford. RE: ACCEPT/REJECT QUOTES FOR FIVE YEAR ELEVATOR INSPECTION AND TESTING – BUILDINGS AND GROUNDS WHEREAS, the Buildings and Grounds Department provided Request for Proposals (RFP) documents and sent out requests for quotes for Elevator Inspection and Testing for a term of January 1, 2014 through December 31, 2018, and WHEREAS, said quotes were opened May 15, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the low quote from American Loss Prevention Services, Inc., 303 King Peterson Road, Buffalo, NY 14204, for the Elevator Inspection and Testing contract at the low quote of $3,840, as set forth below, for the five year term of January 1, 2014 through December 31, 2018, and that funding is available in Buildings and Grounds budget account no. 1620.400, and 2014 2015 2016 2017 2018 Annual Cost $768 $768 $768 $768 $768 BE IT FURTHER RESOLVED, that the following quote be rejected: National Elevator Inspection Services, Inc. $6,015, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with American Loss Prevention Services, Inc., 303 King Peterson Road, Buffalo, NY 14204, at a total cost of $3,840 for five years, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 226 Motion by Larison, Second by Gifford. RE: ACCEPT/REJECT QUOTES FOR FOUR YEAR FIRE ALARM TESTING AND MAINTENANCE – BUILDINGS AND GROUNDS WHEREAS, the Buildings and Grounds Department provided Request for Proposals (RFP) documents and sent out requests for quotes for Fire Alarm Testing and Maintenance for a term of January 1, 2014 through December 31, 2017, and WHEREAS, only one quote was received and said quote was opened May 31, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the Building Maintenance Supervisor’s recommendation of the following quote from CPE Communications & Security, Inc. d/b/a: InterLink, 357 East 5th Street, Elmira, NY 14901, for the Fire Alarm Testing and Maintenance contract at a cost of $17,800 for the term of January 1, 2014 through December 31, 2017, with funding is available in Buildings and Grounds budget account no. 1620.400, and 2014 2015 2016 2017 Courthouse Complex $1,100.00 $1,100.00 $1,100.00 $1,100.00 District Attorney & Sheriff’s Office $ 850.00 $ 850.00 $ 850.00 $ 850.00 Shared Services Building $ 950.00 $ 950.00 $ 950.00 $ 950.00 Mill Creek Center $ 650.00 $ 650.00 $ 850.00 $ 650.00 Human Services Complex $ 850.00 $ 850.00 $ 850.00 $ 850.00 Yearly Total $4,400.00 $4,400.00 $4,600.00 $4,400.00
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with CPE Communications & Security, Inc. d/b/a: InterLink, 357 East 5th Street, Elmira, NY 14901, at a cost of $17,800, for four years, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 227 Motion by Larison, Second by Gifford. 101 PROCEEDINGS OF THE YEAR 2013
RE: ACCEPT/REJECT QUOTES FOR UPS AND GENERATOR TESTING AND MAINTENANCE– BUILDINGS AND GROUNDS WHEREAS, the Buildings and Grounds Department provided Request for Proposals (RFP) documents and sent out requests for quotes for the term of January 1, 2014 through December 31, 2017 UPS Generator Testing and Maintenance contract for all Schuyler County UPS’s and Generators. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to accept the low quote in the amount of $30,250 from Bouille Electric, Inc., 154 East 5th Street, Elmira, NY 14901, for UPS and Generator Testing and Maintenance for four years, 2014 through 2017, and 2014 2015 2016 2017 Generator Sheriff’s Department $1,084 $1,108 $1,130 $1,152 Generator Shared Services Bldg $1,084 $1,108 $1,130 $1,152 Generator Highway Department $1,084 $1,108 $1,130 $1,152 Generator Terry Hill $1,084 $1,108 $1,130 $1,152 Human Services Complex $1,084 $1,108 $1,130 $1,152 UPS Sheriff’s Department $1,910 $1,950 $1,990 $2,030 Annual Totals $7,330 $7,490 $7,640 $7,790
BE IT FURTHER RESOLVED, that the following quote be rejected from Emergency Power Systems, 300 Mile Crossing Road, Rochester, NY 14624, $33,034, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Bouille Electric, Inc., 154 East 5th Street, Elmira, NY 14901, at a total cost of $30,250 with funding available in Buildings and Grounds Account no. 001.1620.427, Shared Fuel Facility Account no. 002.3151.457 and Emergency Management Account no. 001.3689.426; subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 228 Motion by Karius, Second by Larison. RE: AUTHORIZE FIVE YEAR CONTRACT RENEWAL WITH DAVIS-ULMER FOR QUARTERLY FIRE SPRINKLER INSPECTIONS AT THE COURTHOUSE COMPLEX AND HUMAN SERVICES COMPLEX, ANNUAL INSPECTION AND TESTING OF BACKFLOW PREVENTION DEVICES AT ALL COUNTY LOCATIONS – BUILDINGS & GROUNDS WHEREAS, New York State Division of Code Enforcement and Administration Fire Code requires quarterly inspections of fire sprinkler systems, and WHEREAS, New York State Department of Health (DOH) requires annual inspections and testing of all Backflow Prevention Devices, and WHEREAS, Davis-Ulmer currently inspects the sprinkler system at the County Courthouse Complex and Humans Services Complex quarterly, and WHEREAS, Schuyler County currently has eight (8) backflow prevention devices in various county facilities, and WHEREAS, Davis-Ulmer has agreed to enter into contract for quarterly inspections of the sprinkler systems at the Courthouse Complex and Human Services Complex and annual inspections and testing of the eight backflow prevention devices for five years from January 1, 2014 through December 31, 2018, and WHEREAS, the cost of these services is as follows: LOCATION 2014 2015 2016 2017 2018 County Courthouse Complex $ 770 $ 785 $ 800 $ 815 $ 830 Human Services Complex $ 960 $ 984 $1,008 $1,032 $1,056 8 – Backflow Devices $ 660 $ 675 $ 690 $ 705 $ 720 YEARLY TOTAL $2,390 $2,444 $2,498 $2,552 $2,606
NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign contracts with Davis-Ulmer to provide quarterly fire sprinkler inspections for the County Courthouse Complex and Human Services Complex for the period of January 1, 2014 through December 31, 2018, at a total cost of $12,490, funding available in account no. 1620.400, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 229 Motion by Karius, Second by Larison. RE: AUTHORIZE CONTRACT RENEWAL WITH SCHUYLER COUNTY COMMUNITY SERVICES - BUILDINGS AND GROUNDS WHEREAS, Resolution No. 282-12 authorized a contract renewal with Schuyler County Community Services for Cleaning/Maintenance and having shown that there had been a need to increase the Cleaning/Maintenance Agreement based on the cost to maintain the space in the Mill Creek Center, with an alternative to a major increase in 2013, Buildings and Grounds agreed to increase the cost per square foot by approximately $1 each year until cost is as recommended by the current Space Occupancy Cost Analysis (SOCA), and WHEREAS, the cost per square foot in the 2011 SOCA study was $7.67. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the recommendation of the Building Maintenance Supervisor and the SOCA study to increase the cost per square foot from $6 to $7 for the Cleaning/Maintenance Agreement for the term January 1, 2014 through December 31, 2014, with the revenue applied to Buildings and Grounds account no. 001.1620.1289 2013 2014 Community Services - Cleaning/Maintenance Agreement $72,636 $84,742, and
BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a contract renewal with Schuyler County Community Services, for Cleaning and Maintenance at 106 Perry Street, Watkins Glen, for an annual total cost of $84,742, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 230 Motion by Karius, Second by Larison. RE: STANDARD WORK DAY AND REPORTING RESOLUTION FOR THE YEAR 2013 WHEREAS, the New York State and Local Employees’ Retirement System established §315.4, a new regulation on retirement reporting for elected and appointed officials which became effective August 12, 2009, and WHEREAS, the new regulation adds additional requirements for both employers and elected and appointed officials, including an expanded record of work activities, a more detailed resolution and specific time frames within which requirements must be completed. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby establishes the following below as standard work days for certain elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of the Legislature, and BE IT FURTHER RESOLVED, that the below list reflects only those elected and appointed officials with term of office commencing after August 12, 2009, as stipulated in the new regulation, and BE IT FURTHER RESOLVED, that elected and appointed officials who are not members of the State Retirement System are not subject to the provisions of this law, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to the New York State Comptroller. PARTICIPATES DAYS/MONTH STANDARD IN EMPLOYER’S (BASED ON WORKDAY TIME KEEPING RECORD OF TITLE NAME (HRS/DAY) TERM BEINGS/ENDS SYSTEM (Y/N) ACTIVITIES) Appointed Officials Deputy Commissioner Cindy L. Cady 7 01/01/2013-12/31/2014 Y N/A Board of Elections Deputy Commissioner Carolyn C. Elkins 7 01/01/2013-12/31/2014 Y N/A Board of Elections 103 PROCEEDINGS OF THE YEAR 2013
Commissioner of Social JoAnn Fratarcangelo 7 03/18/2013–03/17/2018 Y N/A Services Vote 7-0. RESOLUTION NO. 231 Motion by Gifford, Second by Field. RE: AUTHORIZE RESCINDING RESOLUTION NO. 207-13 TITLED “AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING MARILYN JONES TEMPORARILY ASSUMING SOME INFORMATION TECHNOLOGY DIRECTOR DUTIES IN THE INFORMATION TECHNOLOGY DEPARTMENT” WHEREAS, the County and the Union have decided that the Memorandum of Agreement is no longer necessary. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 207-13 is hereby rescinded. Vote 7-0. RESOLUTION NO. 232 Motion by Gifford, Second by Field. RE: RESOLUTION DESIGNATING THE SCHUYLER COUNTY ATTORNEY AS THE OFFICIAL TO RECEIVE SERVICE OF A NOTICE OF CLAIM FROM THE SECRETARY OF STATE WHEREAS, Article 4 of the General Municipal Law of New York requires that prior to commencing any lawsuit against the County of Schuyler, a notice of claim must be served, and WHEREAS, effective June 15, 2013 Article 4 of the General Municipal Law of the State of New York has been amended to add the Secretary of State as an agent to receive service of a Notice of Claim against the County of Schuyler, and WHEREAS, the County of Schuyler is required to file a certificate designating an official to receive service from the Secretary of State within 30 days of the amendment becoming effective, and WHEREAS, the Schuyler County Attorney is the Chief Legal Officer of the County and is the official with the duty of defending the County of Schuyler against claims initiated by a Notice of Claim. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Attorney is hereby designated as the official to receive a Notice of Claim from the Secretary of State, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby designates the County Attorney to execute any form necessary to authorize the Secretary of State to accept service of a Notice of Claim against Schuyler County, and designates the Schuyler County Attorney as the agent-in-fact for the transmittal of any such Notice of Claim served upon the Secretary of State. Vote 7-0. RESOLUTION NO. 233 Motion by Gifford, Second by Field. RE: ISSUE PUBLIC ENTERTAINMENT PERMITS TO WATKINS GLEN INTERNATIONAL, INC. FOR THEIR 2013 EVENTS WHEREAS, in accordance with Local Law No. 4 of the Year 2010, Watkins Glen International, Inc., of Watkins Glen, NY has applied for a Public Entertainment (Outdoor) Permit for the 2013 season of events, and WHEREAS, the proposed events are:
Finger Lakes Wine Festival, July 12, 2013 – July 14, 2013 NASCAR, August 8, 2013 – August 11, 2013, and
WHEREAS, all events will take place at the Watkins Glen International facility located in the Town of Dix, Schuyler County, NY, and WHEREAS, in compliance with the issuance of a permit under Local Law No. 4 of the Year 2010, Public Entertainment (Outdoor) – Regulating/Licensing, all requirements have been met. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of the County Attorney and County Administrator, the Schuyler County Legislature authorizes the issuance of the Public Entertainment (Outdoor) Permits for the proposed events listed in this resolution to Watkins Glen International, Inc. Vote 6-0. Abstain: Barnes. RESOLUTION NO. 234 Motion by Barnes, Second by Halpin. RE: LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2013 IMPOSING A LIMITATION ON THE NUMBER OF CONSECUTIVE TERMS TO BE HELD BY MEMBERS OF THE SCHUYLER COUNTY LEGISLATURE - FAILED WHEREAS, Local Law Intro. No. 3/Local Law No. of the Year 2013 Imposing a limitation on the number of consecutive terms to be held by members of the Schuyler County Legislature was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing to be held May 13, 2013 at 6:50 p.m., 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 Local Law Intro. No. 3/Local Law No. of the Year 2013, 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. of the Year 2013, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 3/LOCAL LAW NO. OF THE YEAR 2013 A Local Law Imposing a limitation on the number of consecutive terms to be held by members of the Schuyler County Legislature. Be it enacted by the Legislature of the County of Schuyler as follows: SECTION 1. LEGISLATIVE INTENT It is the intent of the within local law to limit the number of consecutive terms to be held by any member of the Schuyler County Legislature so as not to exceed twelve (12) consecutive years. SECTION 2. Commencing with the January 1, 2014 term, no person shall be elected to serve as a member of the Schuyler County Legislature for a period exceeding twelve (12) consecutive years as computed below. SECTION 3. COMPUTATION OF TERMS OF OFFICE Computation of the twelve (12) year period shall commence with that term of office first following election. Service rendered during an appointed term shall not be applicable. No person shall be precluded from finishing a term of office during which the twelfth (12th) consecutive year shall occur one year or more after assuming office. Said individual shall be permitted to finish his/her term of office despite the twelfth year occurring during his/her term of office. Computation of the number of consecutive terms shall commence with the term of office following the general election to be held in November 2013 or any general or special election held thereafter. Years of service attributable to those currently in office shall not be computed. SECTION 4. EFFECTIVE DATE This Local Law shall become effective upon filing with the Secretary of State. DISCUSSION: Legislator Larison said he will not be voting in support of this Resolution. He feels the electorate vote for us and if we are not doing our job, then the people should not re-elect us. Legislator Gifford said this is not an advantage to the taxpayer. He will not be voting in support of this Resolution either. Chairman Fagan stated that the Federal and State level officials are dysfunctional and he look to the Legislature for support on this Resolution. Legislator Karius asked what would happen if a legislator serves three terms, and no one is interested in running? What then? Chairman Fagan said they would go out and seek candidates. Legislator Karius said many cannot leave their jobs to attend meetings. Legislator Gifford agrees with Chairman Fagan about the Federal and State Level, but this is up to the electorate. This job is not one that is sought after. Legislator Halpin said her first comment is on the electorate making the decision. That is why the people vote us in. We are elected to represent the general public. The general public is not paying attention. They vote us in to do just that. I do not think it is a good idea to stay on the board forever. The biggest problem with seeking candidates is that most of them do not want to run against the incumbent. We do have interest and she feels they will find more interest with term limits. She does not think that being on the board for a long period of time is good. You need to take a look at yourself and ask yourself if you are affective and are you doing a good job or do you just go along as you have done for years. We have a tendency to become complacent. You should recognize that and ask yourself if you are representing your people very well. 105 PROCEEDINGS OF THE YEAR 2013
Legislator Gifford said he does not agree that people are not paying attention. He feels there are differences of opinion here on the board. Vote 4-3 - FAILED. Noes: Larison, Gifford, Karius RESOLUTION NO. 235 Motion by Barnes, Second by Halpin. RE: DISPOSITION OF CLAIM/AUTHORIZE TRANSFER OF FUNDS – HIGHWAY DEPARTMENT WHEREAS, a former employee of the Schuyler County Highway Department has filed a claim with the State Division of Human Rights, and WHEREAS, the claimant has agreed to settle the matter and preclude further litigation for damages and attorney fees. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign the settlement agreement with Rodney Jaynes in the sum of $75,000 to be paid from account no. 1930.400- Judgment and Claims, $49,000 of which will come from insurance, subject to approval by the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer the remaining amount of $26,000 from the Highway Department’s account no. 5110.100-Maintenace of Roads Personnel Services into account no. 1930.400- Judgments and Claims to pay said settlement. Vote 7-0. RESOLUTION NO. 236 Motion by Barnes, Second by Halpin. RE: AUTHORIZE SCHUYLER COUNTY HOMELAND SECURITY GRANT ADMINISTRATION STANDARD OPERATING GUIDELINE - SHERIFF’S OFFICE WHEREAS, the Schuyler County Sheriff’s Office, Emergency Management Office, and the Public Health Department all receive grant funding from the New York State Division of Homeland Security and Emergency Service, and WHEREAS, Federal guidelines require a Grant Administration Policy and Procedure be established and adopted for all agencies receiving Homeland Security funding. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby approves of the adoption of the Schuyler County Homeland Security Grant Administration Standard Operating Guideline, on file in all offices listed above and the Legislative Office, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 237 Motion by Barnes, Second by Halpin. RE: AUTHORIZE MEMORANDUM OF AGREEMENT WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION, INC. REGARDING THE AGING SERVICES AIDE POSITION - OFFICE FOR THE AGING WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, the Aging Services Aide position in the Office for the Aging Department is represented by the Union, and WHEREAS, the County had decided to reduce the total number of hours worked for this position, and WHEREAS, the Union has asked the County to postpone the reduction of hours of the position until September 1, 2013 as the Employee in the position has indicated his intent to retire from the position effective August 31, 2013, and WHEREAS, the County, the Union and the Employee now wish to document the terms of their agreement. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature is hereby authorized to enter into a Memorandum of Agreement with the Schuyler County Civil Service Employee’s Association, Inc. as set forth above, effective July 8, 2013, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 238 Motion by Field, Second by Halpin. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote 7-0. RESOLUTION NO. 239 Motion by Halpin, Second by Field. RE: AUTHORIZE ADDITIONAL COMPENSATION FOR ACTING DIRECTOR OF COMMUNITY SERVICES WHEREAS, the Director of Community Services position has been vacant since June 14, 2013. WHEREAS, the Deputy Director of Community Services, Anne Bussard, has been taking on additional duties as the Acting Director since then, and WHEREAS, it is the recommendation of the County Administrator that the Deputy Director of Community Services be compensated for her additional duties as Acting Director. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes additional compensation in the amount of $250 per week, in addition to her regular salary as Deputy Director of Community Services, for the additional duties and responsibilities, effective June 15, 2013 through August 11, 2013, funding is available in the 2013 Community Services account no. 4310.100 to cover said compensation. Vote 7-0. RESOLUTION NO. 240 Motion by Halpin, Second by Field. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF COMMUNITY SERVICES POSITION – RESCINDED BY RESOLUTION NO. 259-13 WHEREAS, the Director of Community Services position has been vacant since June 14, 2013, and WHEREAS, it is upon recommendation by the Community Services Board that M. Shawn Rosno be appointed to said position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment made by the Community Services Board of M. Shawn Rosno to the Director of Community Services position, effective August 12, 2013, at an annual salary of $100,000 Grade L, in the Management/Confidential Salary Plan. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported that at a Chamber of Commerce Meeting they discussed the concerns of the police protection in the Village of Watkins Glen. Legislator Barnes wanted the press in attendance to know that at 3:00 a.m. this past weekend, a Village Police Deputy on patrol discovered smoke on the second floor of the Gold Mine and ended up preventing a possible block fire by holding the fire at bay with his fire extinguisher until the Watkins Glen Fire Department arrived. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that he attended a very productive meeting with State representatives and JoAnn Fratarcangelo, Social Services Commissioner, regarding non-emergency Medicaid transportation. This will end up being an enhancement to our transportation system. It will take the County out of the transportation services with regard to the Medicaid portion. This is going to happen and will take effect August 1, 2013. He also reported that he had a meeting with our insurance company and the third part representative regarding the fire at the Shared Public Works Facility. The insurance company sent in a consultant from North Carolina for a second opinion. Their consultant concurred that the skin and the roof should be replaced. We should start seeing some progress on this very soon. He also stated that we will have to do research to determine if the bidding process could be considered an emergency so we know how to proceed with this. What we are working out of now works, but, it is substandard working conditions. We are a man down now and will be for a while. We had an employee suffer a heart attack. Our goal is to be back in the Shared Facility building by the time snow flies. Legislator Halpin asked about the Medicaid transportation and wanted to know how that will work. Administrator O’Hearn explained that this will come out of the Medicaid cap. We may be under our cap going forward. This could net savings and result in staffing changes. 107 PROCEEDINGS OF THE YEAR 2013
PUBLIC PARTICIPATION: Mr. Mark Rondinaro asked for an explanation as to why Intro No. 20 failed with a 4-3 vote. The Clerk explained that there need to be five yes votes to pass any Resolution. Legislator Gifford explained that with one Legislator being excused, that his vote is an automatic no vote. Mr. Rondinaro expressed his disappointment with the results of the vote. He told the three Legislators that voted no on this Resolution that he would actively support those that will be running in their districts against them for this upcoming election. Mr. Hurley asked what the projected time frame was from the insurance company. Administrator O’Hearn said his goal is to be back in the renovated facility by the end of the year. Mr. Hurley also asked if his Resolution proposal for no salary increases for years with tax levy increases sounded like a good idea. Chairman Fagan explained that he had proposed pay increases and lessoning the insurance coverage to our Legislators recently. That would be rendering what he had proposed with his Resolution. The net effect is a cost savings to the County tax payers. He also told Mr. Hurley that the board had instructed the County Administrator to provide them with a budget for 2014 that meets the two percent (2%) tax cap. Mr. Hurley expressed that he wanted this done for the Town of Tyrone. Chairman Fagan and Attorney Rossi both explained again to Mr. Hurley that the County has no control over what the Towns do or do not do. Mr. Hurley then asked why the $75,000 settlement could not be discussed, because it is a personnel matter, who is at fault for this? No one replied. MOTION by Legislator Larison, SECOND by Legislator Gifford to go into executive session to discuss employee work history. Motion carried seven ayes to zero noes. MOTION by Legislator Larison, SECOND by Legislator Gifford to come out of executive session. Motion carried seven ayes to zero noes. The Meeting adjourned at 7:26 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk
REGULAR MEETING AUGUST 12, 2013
The August 12, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Field and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz who was excused. County Administrator Timothy O’Hearn and County Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mrs. Kathy Walruth addressed the Legislature to express her opposition to Intro. No. 14 regarding the pay increase for the Planning Director. She read from a script she had written. The script is on file in the Legislative Office. Mr. Michael Lausell, Town of Hector, requested that the Legislature improve the recycling in Schuyler County. Mr. Lausell read from a script he had written. This script is also on file in the Legislative Office. Mrs. Maria Beylo asked if the Planning function was a mandated service. Administrator O’Hearn replied, yes. Mr. Alan Hurley asked a number of questions regarding some of the Resolutions on the Agenda. His questions were answered to his satisfaction by Administrator O’Hearn. Mr. Hurley then expressed his dissatisfaction with the new location of the LED digital sign. He feels it should be in front of the Community Services Building and not in front of the historical Courthouse Building. RESOLUTION NO. 241 Motion by Larison, Second by Gifford. RE: APPROVE MINUTES OF THE JULY 8, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the July 8, 2013 Regular Meeting of the Schuyler County Legislature be approved. Vote 7-0. RESOLUTION NO. 242 Motion by Barnes, Second by Gifford. RE: AUTHORIZE GRANT APPLICATION AND CONTRACT FOR A FY2013 HAZMAT GRANT PROGRAM – EMERGENCY MANAGEMENT WHEREAS, the NYS Division of Homeland Security and Emergency Services (DHSES) offered Counties money to regional Hazmat partnerships, and WHEREAS, the Emergency Management Office wishes to apply for funds on behalf of our regional partners, Chemung, Steuben, Tioga and Schuyler Counties, and WHEREAS, our region will receive $53,000 under the 2013 Regional Hazmat Grant Program, and WHEREAS, the grant is 100% funded with no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the NYS Division of Homeland Security and Emergency Services FY2013 Hazmat Grant Program; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 243 Motion by Barnes, Second by Gifford. RE: SUPPORT OF THE ELMIRA PSYCHIATRIC CENTER – COMMUNITY SERVICES WHEREAS, the New York State Office of Mental Health (hereafter referred to as OMH) has proposed the creation of “Centers of Excellence” that will reduce the total number of 9.39 psychiatric inpatient hospital campuses operated by OMH, and WHEREAS, the plan has designated certain 9.39 hospitals for closure of all inpatient beds and other hospitals as “Centers of Excellence”, and WHEREAS, the Elmira Psychiatric Center, located in Elmira, New York provides a comprehensive array of high quality, affordable Child and Adult acute and intermediate care and has been identified by OMH as a local 9.39 hospital that will lose its child and adolescent (covering 9 counties) and adult inpatient beds, (covering 11 counties), and WHEREAS, the Elmira Psychiatric Center is located on the smallest (17 acre), most efficient and modern campus in the OMH system, which makes it an ideal setting for a Rural Center of Excellence, and WHEREAS, the Elmira Psychiatric Center provides 100% of children’s psychiatric services (under age 12) and the majority of the adolescent inpatient services that will remain after the proposed 2014 closure of St. James Mercy’s Adolescent unit, and WHEREAS, the Elmira Psychiatric Center regularly operates in the top three among OMH hospitals in the areas of Quality, Access and Efficiency, and WHEREAS, the Elmira Psychiatric Center employs approximately 365 people across 11 counties, and WHEREAS, those employees reside in the Southern Tier and Finger Lakes regions, providing hope, stability and recovery to their consumers, supporting local businesses and economies, thereby strengthening the communities in which they live, and WHEREAS, OMH’s short-term commitment to job security does not address the long-term issue of timely access to care for people in rural communities, and WHEREAS, N.Y. Mental Hygiene Law § 9.45 states that the Director of Community Services has the power to direct the removal of any person, within their jurisdiction, to a 9.39 psychiatric hospital for immediate observation, care, and treatment, and WHEREAS, the removal of inpatient beds at the Elmira Psychiatric Hospital will result in significant cost to the county in terms of time, personnel, and equipment required to transport clients longer distances, and WHEREAS, travel to a regional Center of Excellence will likely result in financial hardships for patients and families significantly decreasing the effectiveness of family treatment, and WHEREAS, additional community resources will be needed to adequately address the mental health services required for individuals unable to travel to Regional Centers of Excellence, and WHEREAS, the Elmira Psychiatric Center provides critical inpatient services for children, adolescents, and adults for 11 counties and loss of these inpatient beds in the Southern Tier and Finger Lakes region will severely limit access to adequate psychiatric inpatient care. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature urges our State, Federal, Regional and Local elected officials to support the need for a RURAL Center of Excellence serving the 109 PROCEEDINGS OF THE YEAR 2013
Southern Tier and Finger Lakes, the continued operation of Child, Adolescent and Adult Inpatient and Community services, and additional counties, as needed, by the Elmira Psychiatric Center. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the New York Governor Andrew Cuomo, United States Senators Schumer and Gillibrand, United States Congressman Reed, New York Senator O’Mara and New York Assemblyman Palmesano. Vote 7-0. RESOLUTION NO. 244 Motion by Barnes, Second by Gifford. RE: AUTHORIZE CONTRACT WITH HUNT ARCHITECTS & SURVEYORS FOR SENECA HARBOR PARK PIER AND DOCKS INSPECTION – BUILDINGS & GROUNDS WHEREAS, the Seneca Harbor Park’s pier and docks are an integral part of the Schuyler County Park, and WHEREAS, they are in need of an inspection to assure the protection of our citizens and tourists, and WHEREAS, Hunt Engineers, Architects & Land Surveyors having provided similar inspections for over 35 years, are proposing to provide engineering services to inspect the pier and docks and make recommendations for its continued use for a cost of $6,600 plus disbursement costs. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be authorized to sign a contract with Hunt Engineers Architects & Surveyors for the Seneca Harbor Park, Pier and Dock Structural Inspection and Report at a cost of $6,600 plus disbursement costs; subject to approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that funding for said work will be paid from Capital Reserve Account 004.1620.0209. Vote 7-0. RESOLUTION NO. 245 Motion by Larison, Second by Barnes. RE: AUTHORIZE ARCHITECTURAL CONTRETE PLUS, LLC TO CONSTRUCT THE FOUNDATION FOR THE RELOCATION OF THE LED VARIABLE MESSAGE SIGN – BUILDINGS & GROUNDS WHEREAS, Resolution 346-10 authorized the Grant Application for State Homeland Security Program – Emergency Management, Law Enforcement Terrorism Prevention Program – Sheriff & Local Health Department Program, and WHEREAS, an LED Variable Message Sign, to be used for Community Awareness and Public Safety, was purchased with said Grant Funds, and WHEREAS, there were concerns from constituents and the American Legion regarding the original location for the LED Variable Message Sign, and WHEREAS, Architectural Concrete Plus constructed the sign base at the original location for the LED Sign and have now proposed to construct the sign base at the relocated area at the south end of the Schuyler County Courthouse lawn for a cost of $3,600. NOW, THEREFORE, BE IT RESOLVED, that Schuyler County Legislature hereby accepts the Building Maintenance Supervisors recommendation to expend funds from Buildings and Grounds Capital Reserve Account 004.1620.209 at a cost of $3,600 to construct the base for the LED Sign. Vote 7-0. RESOLUTION NO. 246 Motion by Larison, Second by Barnes. RE: ADOPT POLICY AND PROCEDURE MANUAL FOR THE SCHUYLER COUNTY HIGHWAY SIGN SHOP – HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agree that there needs to be guidelines established regarding operations and procedures to the function of the Highway Department Sign Shop, and WHEREAS, said policy and procedures manual was presented by the Highway Department and has been reviewed and approved by the County Attorney and the County Administrator. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby adopts the Highway Department Sign Shop Policy and Procedures Manual, on file in the Legislative Office and in the Highway Department. Vote 7-0. RESOLUTION NO. 247 Motion by Larison, Second by Barnes. RE: AUTHORIZE CONTRACT WITH SYSTECH INTERNATIONAL, LLC FOR INSPECTION PROGRAM – HIGHWAY DEPARTMENT WHEREAS, the Highway Department has a registered fleet inspection station, and WHEREAS, the current NYS Emissions Inspection Program, NYVIP, will be replaced by NYVIP2 on December 1, 2013, and WHEREAS, the Highway Department is required to enter into a contract with Systech International, LLC to continue to participate in NYVIP2 for the initial term through November 30, 2020, and may be extended by twelve (12) or twenty four (24) month intervals equivalent to any additional extensions granted by the State of New York to Systech under its NYVIP2 Contract, and WHEREAS, the Highway Department is required to purchase the diagnostic testing unit at $1,375.00, funds available in the 2013 Central Garage budget account 001.1640.236. NOW THEREFORE, BE IT RESOLVED, that the Chairman of Legislature be authorized to sign the contract; subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 248 Motion by Karius, Second by Gifford. RE: RESOLUTION TO APPROVE APPLICATION FOR REFUND OR CREDIT OF REAL PROPERTY TAXES – REAL PROPERTY TAX SERVICE AGENCY WHEREAS, an application for refund or credit of real property taxes has been made in accordance with Section 556 of the Real Property Tax Law (RPTL) for parcel 65.13-1-47.1, owned by Padua Ridge LLC in the Town of Dix segment of the Village of Watkins Glen, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and has determined that it constitutes a clerical error as defined in RPTL Section 550(2)(a), and WHEREAS, it is the recommendation of the Director and the Management & Finance Committee to approve the application. NOW, THEREFORE BE IT RESOLVED, that the application is hereby approved, and BE IT FURTHER RESOLVED, that the County Treasurer shall issue a refund in the amount of $10,631.23 to the property owner, and BE IT FURTHER RESOLVED, that the Treasurer shall charge back the appropriate amounts to both the Town of Dix and the Watkins Glen Central School District. Vote 7-0. RESOLUTION NO. 249 Motion by Karius, Second by Gifford. RE: AUTHORIZE RE-APPOINTMENTMENT OF THE DIRECTOR OF REAL PROPERTY TAX SERVICES WHEREAS, the current appointment term for the Real Property Tax Director will expire on September 30, 2013, and WHEREAS, the county must appoint a Real Property Tax Director pursuant to Real Property Tax Law (RPTL) Section 1530 to a new six year term, and WHEREAS, it is the recommendation of the County Administrator and the Management & Finance Committee to re-appoint the current Director. NOW, THEREFORE, BE IT RESOLVED, that Thomas R. Bloodgood be re-appointed as the Director of Real Property Tax Services for a six-year term commencing on October 1, 2013, and terminating on September 30, 2019. Vote 7-0. RESOLUTION NO. 250 Motion by Karius, Second by Gifford. RE: AUTHORIZE DECREASING THE HOURS OF THE PAYROLL CLERK POSITION FROM FULL- TIME TO PART-TIME – HUMAN RESOURCES WHEREAS, there is currently one full-time Payroll Clerk position in the Treasurer’s Office, and WHEREAS, the County is transitioning to an electronic payroll system thus limiting the need for a full- time Payroll Clerk, and 111 PROCEEDINGS OF THE YEAR 2013
WHEREAS, it is the recommendation of the Management & Finance Committee that the full-time Payroll Clerk position, be reduced to part-time, 16 hours a week, and WHEREAS, the Payroll Clerk position will be removed from the Treasurer’s Office and will be placed under the Human Resources Department. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the decrease in hours for the Payroll Clerk position from full-time, to part-time, 16 hours per week, and will place the position within the Schuyler County Human Resources Department, effective upon the start of the electronic payroll system. Vote 7-0. WITHDRAWN RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX - WITHDRAWN Be it enacted by the Legislature of the county of Schuyler, as follows: SECTION 1. The first sentence of section two of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. On and after March 1, 1968, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing March 1, 2000, and ending November 30, 2015, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision (f) of section three of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing March 1, 2000, and ending November 30, 2015, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to March 1, 2000, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to November 1, 1999, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to February 29, 2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after March 1, 2000, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business, (G) of any prepaid telephone calling service, and (H) of any gas or electricity described in subdivision (b) of section two of this enactment. (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him; provided, however, that if the user uses such an item itself on its own premises (not including making a gift of such tangible personal property), solely in the conduct of the user’s own business operations, and the item retains its characteristic as tangible personal property when so used, the tax shall be at the rate, and on the consideration, described in subdivision (d) of this section. (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. (h) For purposes of clause (G) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the 113 PROCEEDINGS OF THE YEAR 2013 service, including the consideration for any tangible personal property transferred in conjunction with the service and also including any charges for shipping and delivery of the property so transferred as such charges are described in paragraph three of subdivision (b) of section one; provided that, if the user offers like services for sale in the regular course of business, the tax shall be at the rate of three percent of the price at which the user offers such like services for sale. (i) For purposes of clause (H) of subdivision (a) of this section, for the period commencing June 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for, or for the use of, the gas or electricity, including the consideration for any tangible personal property transferred in conjunction with the performance thereof, and including any charges described in paragraph three of subdivision (b) of section one of this enactment. SECTION 4. Subdivision (k) of section six of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (k) Exemption of certain energy sources and related services from additional one percent rate of tax. Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing March 1, 2000, and ending November 30, 2015. SECTION 5. Paragraph (B) of subdivision (1) of section 11 of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (B) With respect to the additional tax of one percent imposed for the period beginning March 1, 2000, and ending November 30, 2015, in respect to the use of property used by the purchaser in this County prior to March 1, 2000. SECTION 6. Subdivision (d) of section fourteen of Resolution No. 140 as enacted in November 27, 1967, as amended, is added to read as follows: (d) Net collections attributable to the additional one percent rate of sales and compensating use taxes imposed for the period beginning March 1, 2000, and ending November 30, 2015, are set aside for County purposes and shall be available for any County purpose. SECTION 7. This enactment shall take effect December 1, 2013. RESOLUTION NO. 251 Motion by Gifford, Second by Larison. RE: AUTHORIZING ARBOR DEVELOPMENT TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY RENEWAL FOR A COMMUNITY DEVELOPEMNT BLOCK GRANT ON BEHALF OF SCHUYLER COUNTY – PUBLIC HEALTH WHEREAS, Schuyler County is an eligible applicant for the Community Development Block Grant (CDBG) Small Cities Program, in the amount for 2013 to be not more than $250,000, and WHEREAS, Arbor Development, Inc. is desirous of continuing its program of housing rehabilitation for low and moderate income households, and WHEREAS, said housing rehabilitation activities are an eligible expenditure of CDBG funds, and WHEREAS, under the CDBG Program, Schuyler County is permitted to contract with Arbor Development, Inc. to provide said rehabilitation. NOW THEREFORE, BE IT RESOLVED, that Arbor Development is hereby authorized to submit an application to the Department of Housing and Community Renewal for a Community Development Block Grant to provide funding for housing rehabilitation, and BE IT FURTHER RESOLVED, the Chairman of the Schuyler County Legislature is hereby authorized to sign the application, and BE IT FURTHER RESOLVED, that should said grant be awarded to Arbor Development, the Schuyler County Treasurer is hereby authorized to deposit said grant in the appropriate line item in the Schuyler County Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature and the Executive Director of Arbor Development is hereby authorized to sign all appropriate and necessary documents to implement said grant, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, a certified copy of this resolution shall be forwarded to the Executive Director, Arbor Development, Inc., 16 William Street, Bath, New York 14810. Vote 7-0. RESOLUTION NO. 252 Motion by Gifford, Second by Larison. RE: AUTHORIZE AMENDING THE 2013 UNALLOCATED INSURANCE BUDGET TO PAY FOR EMERGENCY CLEANUP AT SHARED PUBLIC WORKS FACILITY WHEREAS, the Schuyler County Shared Public Works Facility experienced a fire on March 23, 2013, and WHEREAS, the Schuyler County Legislature deemed the immediate response to this event to be a public emergency, and WHEREAS, after reviewing quotes from numerous agencies, hired Paul Davis Cleaning & Restoration for immediate clean up in the amount of $92,253.29, and WHEREAS, the U.S. Specialty Insurance Company has advanced Schuyler County $100,000 to cover said expense. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the Unallocated Insurance Budget as follows below: AMOUNT ACCOUNT NO. DESCRIPTION +$100,000 1910.2680 Insurance Recoveries +$100,000 1910.418 Insurance BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to pay Paul Davis Cleaning & Restoration the amount of $92,253.29 for emergency clean up, as directed by the County Administrator’s Office, from the Unallocated Insurance account no. the 1910.0418. Vote 7-0. RESOLUTION NO. 253 Motion by Gifford, Second by Larison. RE: RESOLUTION AUTHORIZING EXTENSION OF WATERFRONT LEASE AGREEMENT WITH SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY – LEGISLATURE WHEREAS, pursuant to Chapter 135 of the Laws of 1983 (the “Special Act”), the State authorized the County of Schuyler (the “County”) to enter into a lease, contract or agreement on an exclusive basis for the use, development and operation by the Schuyler County Industrial Development Agency (the “Agency”) of 1.033 acres of waterfront property for public fishing, boating and other public recreational purposes on Seneca Lake within the Village of Watkins Glen, New York, together with appropriate support activities, but subject to a finding by resolution that such lease is in the public interest following a public hearing, and WHEREAS, the County Legislature, upon proper notice, duly held a public hearing and thereafter, by resolution, authorized the execution and delivery of that certain Lease Agreement, dated June 16, 1983 and recorded in the Office of the Schuyler County Clerk at Liber 27 of Leases at Page 237, as secured by that certain Income Assignment Agreement, dated September 19, 1996 and recorded in the Office of the Schuyler County Clerk at Misc. Liber 14 at Page 338, and as amended by (i) that certain amendment dated January 23, 2006, and (ii) a certain Amendment to Sub-Lease, dated as of February 2, 2006 and recorded in the Office of the Schuyler County Clerk at Liber 49 of Leases as Page 557 (collectively herein, the “Master Lease Agreement”), such Master Lease Agreement relating to certain parcels of land within the Seneca Harbor Park and currently having a term running through June 30, 2018, and WHEREAS, the Agency over time, and generally conforming with the “Watkins Glen Tomorrow Lake Front Development Plan - 1982” (the “Plan”), has entered into certain subleases of the property associated with the Master Lease Agreement, and WHEREAS, in furtherance of extending one or more of the existing subleases, the Agency has requested the County’s approval of the extension of the Master Lease Agreement to the full 50-year term 115 PROCEEDINGS OF THE YEAR 2013 allowable under the Special Act, or June 16, 2033, and WHEREAS, the County Legislature desires to authorize the extension of the term of the Master Lease Agreement to June 16, 2033 such authorization to be memorialized in a certain Lease Amendment. NOW, THEREFORE, BE IT RESOLVED, by the Schuyler County Legislature as follows: Section 1. The Schuyler County Legislature hereby authorizes the extension of the term of the Master Lease Agreement to June 16, 2033. The Chairman of the Schuyler County Legislature is hereby authorized to execute and deliver any and all documents relative to a Lease Amendment to memorialize the extension, such Lease Amendment to be approved as to form by the Schuyler County Attorney and Schuyler County Administrator. Section 2. This resolution shall take effect immediately. Vote 7-0. RESOLUTION NO. 254A Motion by Halpin, Second by Larison. RE: MOTION TO TABLE RESOLUTION NO. 254 - FAILED BE IT RESOLVED, that Resolution be tabled for further discussion. DISCUSSION: Legislator Halpin stated that she is not sure of the procedure, but would like to make a motion to table this Resolution. She had emailed all of the Legislators that had email her concerns with this Resolution. She misunderstood the situation when the Planning Director was hired. She explained that Rocky was under the impression that he would retain the benefits he had when he was employed by Cornell Cooperative Extension. She spoke with Rocky Kambo, Planning Director, about this Resolution. He is okay with waiting on this until all of the salaries in the Management & Confidential Salary Plan can be evaluated. She would like to see all of the changes made at budget time including the Planning Director’s increase. Vote 2-5. Noes; Field, Barnes, Gifford, Larison, Fagan. RESOLUTION NO. 254 Motion by Gifford, Second by Halpin. RE: AUTHORIZE SALARY ADJUSTMENT FOR THE PLANNING DIRECTOR/AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY TO PAY FOR SAID ADJUSTMENT WHEREAS, the Planning Director has significant responsibilities with planning duties and the addition of the Recycling Coordinators duties, and WHEREAS, the Planning Director had surveyed the surrounding Counties for their salary ranges, and WHEREAS, the Management & Finance Committee agrees that a salary increase is justified and authorizes an adjustment, effective immediately, in the amount of $15,000 to be retro-active to January 2, 2013, and an additional $5,000 adjustment, effective January 1, 2014. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $15,000 from the Contingency Account 1990.500 to the Planning Budget, account no. 1.8020.100- Personnel Services. DISCUSSION: Legislator Barnes stated that he feels there has been an injustice to all. However he does not feel we can re-nig on this with the Planning Director at this point. There is too much going in the County at this point to consider putting this off. The biggest effect would be with our County Comprehensive Plan. Vote 6-1. Noes: Halpin RESOLUTION NO. 255 Motion by Gifford, Second by Halpin. RE: AUTHORIZE AGREEMENT WITH NEW YORK STATE EARLY INTERVENTION PROGRAM– PUBLIC HEALTH – RESCINDED BY RESOLUTION NO. 276-13 WHEREAS, Schuyler County by regulation is the ultimate payer of EIP services not covered by third parties and WHEREAS, prior to April 1, 2013, Schuyler County Public Health was paying EIP providers the full cost of services, WHEREAS, the State of New York Early Intervention Program (EIP) changed regulations effective April 1, 2013 to use a state fiscal fiduciary to seek Medicaid and third party insurance payments to reimburse EIP providers directly for services and to pay the providers for their services to children without third party and Medicaid coverage, WHEREAS, Schuyler County Public Health is now required to routinely deposit monies into an established Escrow account to provide cash flow to pay Schuyler County’s EIP providers through the state fiscal fiduciary, and WHEREAS, the state fiscal fiduciary has been unsuccessful in obtaining third party insurance payments, thus causing a cash flow problem for our EIP providers and, WHEREAS, New York State Early Intervention is requesting counties make a onetime additional payment into their escrow accounts to pay providers the third party insurance’s portion upfront and WHEREAS, there is an established procedure for providers to pay back the monies by March 31, 2014, once third party payments are received, NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an Agreement with New York State Early Intervention Program, effective immediately to make an additional payment into the Early Intervention’s escrow account the sum of $4,869 funds available in the Public Health budget, account no. 4054.400, subject to the approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 256 Motion by Gifford, Second by Halpin. RE: AUTHORIZE DECREASE FROM 35 HOUR PER WEEK POSITION TO 20 HOUR PER WEEK POSITION FOR AGING SERVICES AIDE POSITION - OFFICE FOR THE AGING WHEREAS, there has been a full-time Aging Services Aide position responsible for transportation of OFA clients, and WHEREAS, the needs of the Office for the Aging were re-evaluated in 2012 regarding transportation, and WHEREAS, a plan was developed to transfer a portion of transportation needs to the public transit system, and WHEREAS, it was determined that with the transfer of services, the current position could be reduced to 20 hours per week without jeopardizing services to OFA clients, and WHEREAS, the current approved Aging Services Aide position is classified as Civil Service Grade 2 with a beginning pay of $12.47 per hour. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the decrease from a full-time position at 35 hours per week to a part-time position at 20 hours per week for an Aging Services Aide at the Civil Service grade level 2 with the beginning pay of $12.47 per hour for OFA effective September 1, 2013. Vote 7-0. RESOLUTION NO. 257 Motion by Halpin, Second by Barnes. RE: AUTHORIZE CREATION OF AND SET REIMBURSEMENT RATES FOR SCHUYLER COUNTY REPUBLICAN AND DEMOCRATIC PARTY COORDINATOR POSITIONS – BOARD OF ELECTIONS WHEREAS, NYS Election Law 3-401 Section 2 requires that Election Coordinators be appointed by the Board of Elections and be trained as election inspectors, and that the appointment of Election Coordinators shall be equally divided between the two major parties, and WHEREAS, as per Resolution No. 292-12, the Internal Revenue Service (IRS) regulations requires that Schuyler County place these positions of Election Coordinators on the County payroll, and WHEREAS, Election Law 3-420 Section 1 of the above referenced law requires that Poll Site Election Coordinators be paid for their services, and that the Board of Elections shall set said rate of pay to be approved by the governing body, and WHEREAS, the Schuyler County Board of Elections Commissioners have set said rate of pay to be $200.00 for Election Day services and $25.00 for training. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature hereby authorizes the Board of Elections to create the title of Election Coordinator to be paid at a rate of $200.00 for Election Day services and $25.00 for training sessions, to be paid out of the Board of Elections budget account no. 1450.100 – Personnel, effective for the calendar years of 2013 and 2014, to be reviewed in 2015. Vote 7-0. RESOLUTION NO. 258 Motion by Halpin, Second by Barnes. RE: AUTHORIZE AN ONGOING CONTRACT WITH ELAVON, INC FOR CREDIT CARD PAYMENT 117 PROCEEDINGS OF THE YEAR 2013
SERVICES – TREASURER’S OFFICE –AS AMENDED BY RESOLTUION NO. 289-13 WHEREAS, Schuyler County has services it provides for clients who wish to pay with either a credit card, a benefit card, or a debit card, and WHEREAS, Elavon, Inc. will provide said Credit Card Payment (collection) services to the County per the fee schedule in their contract. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Chairman of the Legislature to execute an ongoing contract with Elavon, Inc. for the Treasurer’s Department, for immediate use by the Public Health and Mental Health Facility at the Mill Street Operations for Credit Card Payment Services (collections), said implementation fees and unit fees to be charged to the appropriate departmental budgets, with said service fees to be passed on to those clients choosing to utilize this means of product/service payment, subject to approval of the Schuyler County Attorney. Vote 7-0. RESOLUTION NO. 259 Motion by Halpin, Second by Barnes. RE: AUTHORIZE RESCINDING RESOLUTION NO. 240-13 TITLED “ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF COMMUNITY SERVICES POSITION” WHEREAS, M. Shawn Rosno has rescinded his acceptance of the position of Director of Community Services. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 240 - 13 be rescinded. Vote 7-0. WITHDRAWN RE: AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE RE-CONSTRUCTION OF THE SHARED PUBLIC WORKS FACILITY – BUILDING AND GROUNDS - WITHDRAWN WHEREAS, the Shared Public Works Facility was destroyed by a fire on March 23, 2013, and WHEREAS, our insurance company has authorized the re-construction of the building, and NOW, THEREFORE, BE IT RESOLVED, the Clerk of Legislature in coordination with the Building & Grounds Maintenance Supervisor be hereby authorized to advertise for bids for the reconstruction of the Shared Public Works Facility. RESOLUTION NO. 260 Motion by Karius, Second by Gifford. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote 7-0. RESOLUTION NO. 261 Motion by Karius, Second by Gifford. RE: AUTHORIZE SETTLEMENT AGREEMENT WITH SHARRON HILLIARD BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Settlement Agreement with Sharron Hilliard, subject to the approval of labor counsel, and the Schuyler County Attorney. DISCUSSION: Legislator Barnes requested that the Legislators be provided additional information regarding this settlement agreement. Administrator O’Hearn said he could do that in executive session. Chairman Fagan said he would ask for a motion to go into executive session at the end of the meeting. Vote 7-0. RESOLUTION NO. 262 Motion by Karius, Second by Gifford. RE: AUTHORIZE ADDITIONAL COMPENSATION FOR ACTING DIRECTOR OF COMMUNITY SERVICES WHEREAS, Resolution No. 239-13 authorized additional compensation for the Acting Director of Community Services position until August 11, 2013, and WHEREAS, the additional duties of Director of Community Services position will remain to be fulfilled until such time a new Director can be hired. NOW, THEREFORE, BE IT RESOLVED, that this Legislature authorizes additional compensation in the amount of $250 per week, in addition to her regular salary as Deputy Director of Community Services, for the additional duties and responsibilities, effective August 12, 2013 until such time a new Director is hired or other arrangements are made, funding is available in the 2013 Community Services account no. 4310.100 to cover said compensation. Vote 7-0. NEW BUSINESS: None. UNFINISHED BUSINESS: Chairman Fagan asked Attorney Geoff Rossi to provide a explanation of the reasoning for pulling the Resolution to authorize bids for the reconstruction of the Shared Public Works Facility. Attorney Rossi said he was not aware of the physical conditions of the facilities that the Departments had been relocated to. The heating system is malfunctioning. There are holes in walls being plugged, and the employee’s are using portable toilets because of plumbing issues. This being the case, this Legislature can declare an emergency at their discretion. This would allow us to proceed with the reconstruction without the extra time needed for the bidding process. However, the declaration is contingent on facts. Assuming the bidding process method, the County obtains services at the lowest cost. He explained, that in order for circumstances to “require immediate action which cannot await bidding” within the meaning and intent of General Municipal Law Section 103(4), there normally must be some imminent danger to public or private property or the life or safety of a municipality’s residents which makes a further delay in action occasioned by compliance with competitive bidding requirements unwarranted. We will need to examine the factual conditions to declare an emergency. Legislator Barnes wanted to make mention of an incident that occurred on August 5, 2013 when we had an ambulance out of Rome, New York in the process of an emergency transport. They were in the area of the Yates and Schuyler County line and the situation turned critical. The patient went into cardiac arrest. There were only two ambulance crew members and one was the driver. The crew panicked as they had no idea where the nearest hospital was. CPR was being administered. They were assisted by police and escorted to Schuyler Hospital by the Village Police Department. Chairman Fagan wished to respond to Mr. Hurley’s comments earlier regarding the new placement of the LED sign. He acknowledged the fact that Mr. Hurley was upset about the sign placement. Many other tax payers may be as well. We now have extra expenses involved to re-locate it. He admitted to Mr. Hurley “we screwed up”. He told Mr. Hurley that he was the first to speak up about this and thanked him for doing so. Mr. Tony Specchio was contacted for the Veteran’s perspective and they had grave concerns as well. He then requested that Tim set up a meeting to discuss the relocation with the Veterans. They thanked Tim for allowing their input and sparing the original location. After doing so, the new placement was selected with their approval. Mrs. Ellison was also contacted to receive her approval as well. We did not take care in the original positioning of the sign, however it has since been rectified. Legislator Barnes asked that Lorry Johnson, Personnel Officer, who was present at the meeting, to work on the Management & Confidential Salary Plan comparison and bring something forward for the Management & Finance Committee Meeting. The Clerk asked if there is full support of this from the board as this is a large project and it would be very time consuming. The Legislators all agreed to proceed with this. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that this past week was the NASCAR race, and it was a success from the County’s standpoint. He wanted to acknowledge all of the County Officials for their efforts. We only had seven arrests. We are very fortunate to have the ability to continue to host this event and reap the benefits from it. He also reported that he will be meeting with Senator O’Mara and Assemblyman Palmesano to discuss the closing of the Camp Monterey Shock Facility. PUBLIC PARTICIPATION: Mr. Hurley said he was still frustrated with the location of the LED sign, and asked if any of the Legislators have driven around any of the surrounding area County complexes to see if they are utilizing this type of a sign. They are not, he said. That is the start and finish line of a historical race as well. He also wanted to state for the record that he is not a Veteran. That was on the news incorrectly. This placement is a respect issue in his opinion. Mr. Mark Rondinaro stated that he has concerns with Intro. No. 20 being withdrawn. He would like to see the bidding process utilized. We need to cap our expenditures. He understands if this is truly an emergency. He hopes that this Legislature will be willing to stand firm and that the standard operating 119 PROCEEDINGS OF THE YEAR 2013 procedure be the bidding process. Mrs. Beylo asked how the Planning Department could be a mandated service, but the Office for the Aging is not. Administrator O’Hearn said that is just the way it is. Mrs. Walruth stated that she considers the action taken on the Planning Director’s salary increase as a slap in the face to the rest of the Management & Confidential employees. Schuyler County is a small County. We as Management & Confidential Employees have made sacrifices to help balance the budget. She is appalled that this Legislature would even consider this. MOTION by Legislator Gifford to go into executive session to discuss employee work history and litigation, SECOND by Legislator Barnes. Motion carried seven ayes to zero noes. MOTION by Legislator Barnes to come out of executive session, SECOND by Legislator Halpin. Motion carried seven ayes to zero noes. The Meeting adjourned at 7:20 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk
SPECIAL MEETING AUGUST 23, 2013
The August 23, 2013 Special Meeting of the Schuyler County Legislature was called to order at 10:00 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz and Legislator Field who were excused. Attorney Geoffrey Rossi was also present. Administrator O’Hearn was excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 263 Motion by Larison, Second by Gifford. RE: RATIFICATION OF SPECIAL MEETING 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: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX
RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER (THE “COUNTY”) AUTHORIZING (i) THE RECONSTRUCTION OF THE COUNTY SHARED PUBLIC WORKS FACILITY (THE “FACILITY”), INCLUDING THE ESTABLISHMENT OF CAPITAL ACCOUNTS AND THE EXECUTION OF CONTRACTS AND AGREEMENTS RELATING TO THE RECONSTRUCTION OF THE FACILITY (THE “PROJECT”, AS MORE PARTICULARLY DESCRIBED HEREIN); AND (ii) MAKING CERTAIN FINDINGS RELATING TO THE PROJECT, INCLUDING FINDINGS OF THE COUNTY PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (“SEQRA”) Vote 6-0. RESOLUTION NO. 264 Motion by Barnes,Second by Gifford. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER, EXTENDING THE ADDITIONAL RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK AND EXEMPTING CERTAIN RESIDENTIAL ENERGY SOURCES AND SERVICES FROM SUCH ADDITIONAL RATE OF TAX Be it enacted by the Legislature of the county of Schuyler, as follows: SECTION 1. The first sentence of section two of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 2. Imposition of sales tax. On and after March 1, 1968, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing March 1, 2000, and ending November 30, 2015, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision (f) of section three of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (f) With respect to the additional tax of one percent imposed for the period commencing March 1, 2000, and ending November 30, 2015, the provisions of subdivisions (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to March 1, 2000, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to November 1, 1999, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to February 29, 2000. Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 2000, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section four of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: SECTION 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after March 1, 2000, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the regular course ofbusiness, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business, (G) of any prepaid telephone calling service, and (H) of any gas or electricity described in subdivision (b) of section two of this enactment. (b) For purposes of clause (A) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. (c) For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or 121 PROCEEDINGS OF THE YEAR 2013 withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him; provided, however, that if the user uses such an item itself on its own premises (not including making a gift of such tangible personal property), solely in the conduct of the user’s own business operations, and the item retains its characteristic as tangible personal property when so used, the tax shall be at the rate, and on the consideration, described in subdivision (d) of this section. (d) For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. (e) Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an addition or capital improvement to such real property, property or land. (f) For purposes of clauses (C), (D) and (E) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance of the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. (g) For purposes of clause (F) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. (h) For purposes of clause (G) of subdivision (a) of this section, for the period commencing March 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the service and also including any charges for shipping and delivery of the property so transferred as such charges are described in paragraph three of subdivision (b) of section one; provided that, if the user offers like services for sale in the regular course of business, the tax shall be at the rate of three percent of the price at which the user offers such like services for sale. (i) For purposes of clause (H) of subdivision (a) of this section, for the period commencing June 1, 2000, and ending November 30, 2015, the tax shall be at the rate of four percent, and on and after December 1, 2015, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for, or for the use of, the gas or electricity, including the consideration for any tangible personal property transferred in conjunction with the performance thereof, and including any charges described in paragraph three of subdivision (b) of section one of this enactment. SECTION 4. Subdivision (k) of section six of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (k) Exemption of certain energy sources and related services from additional one percent rate of tax. Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in containers of less than one hundred pounds), natural gas, electricity, steam and gas, electric and steam services used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use taxes imposed by sections 2 and 4, respectively, of this resolution for the period commencing March 1, 2000, and ending November 30, 2015. SECTION 5. Paragraph (B) of subdivision (1) of section 11 of Resolution No. 140 as enacted November 27, 1967, as amended, is amended to read as follows: (B) With respect to the additional tax of one percent imposed for the period beginning March 1, 2000, and ending November 30, 2015, in respect to the use of property used by the purchaser in this County prior to March 1, 2000. SECTION 6. Subdivision (d) of section fourteen of Resolution No. 140 as enacted in November 27, 1967, as amended, is added to read as follows: (d) Net collections attributable to the additional one percent rate of sales and compensating use taxes imposed for the period beginning March 1, 2000, and ending November 30, 2015, are set aside for County purposes and shall be available for any County purpose. SECTION 7. This enactment shall take effect December 1, 2013. Vote 6-0. RESOLUTION NO. 265 Motion by Barnes, Second by Gifford. RE: RESOLUTION OF THE LEGISLATURE OF THE COUNTY OF SCHUYLER (THE “COUNTY”) AUTHORIZING (i) THE RECONSTRUCTION OF THE COUNTY SHARED PUBLIC WORKS FACILITY (THE “FACILITY”), INCLUDING THE ESTABLISHMENT OF CAPITAL ACCOUNTS AND THE EXECUTION OF CONTRACTS AND AGREEMENTS RELATING TO THE RECONSTRUCTION OF THE FACILITY (THE “PROJECT”, AS MORE PARTICULARLY DESCRIBED HEREIN); AND (ii) MAKING CERTAIN FINDINGS RELATING TO THE PROJECT, INCLUDING FINDINGS OF THE COUNTY PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (“SEQRA”) WHEREAS, the County of Schuyler (the “County”) owns and maintains a certain shared services building located on South Decatur Street in the Village of Watkins Glen (the “Facility”), such Facility having been constructed for and utilized by the County Highway Department, certain departments of the Village of Watkins Glen and other local municipal staff, such Facility having been partially destroyed by fire in March, 2013; and WHEREAS, while the County has worked closely with insurers to recoup the value of the Facility for purposes of reconstruction, the County and other municipal departments and staff have utilized alternative locations to provide ongoing and critical municipal services, including the former shared services building (the “Former Facility”); and WHEREAS, the County desires to undertake the immediate reconstruction of the Facility (collectively, the “Project”, as more particularly defined herein) to assure continued and safe delivery of municipal services, including critical highway department services necessary to protect the public health, safety and welfare during winter months; and WHEREAS, in furtherance of the foregoing, the County desires to (i) authorize the undertaking of the Project; (ii) establish a capital account and fund with respect to the Project; (iii) make certain findings relative to and authorize the execution and delivery of certain agreements relating to the Project, including the engagement of construction, engineering and legal services; and (iv) adopt findings relating to the project pursuant to and in accordance with the State Environmental Quality Review Act (“SEQRA”). NOW, THEREFORE, BE IT RESOLVED, by the County Legislature as follows: Section 1.In furtherance of the health, safety and welfare of the County and its residents, the County hereby authorizes the undertaking of the Project, which shall include those improvements, elements and equipment items as set forth within a proposed Contract for Construction (the “Contract”) submitted to the County by Welliver (herein, the “Contractor”). 123 PROCEEDINGS OF THE YEAR 2013
Section 2.Pursuant to and in accordance with Section 103(4) of the General Municipal Law (“GML”), the County hereby finds that based upon (i) the lack of the Facility due to the unforeseen circumstance of destruction by fire, (ii) the unforeseen delays caused by insurance adjustment despite the County’s best efforts to collect replacement proceeds, (iii) the unsafe condition of replacement accommodations available only at the Former Facility, and (iv) the unforeseen and significantly curtailed construction season remaining available for completion of the Project, the County hereby declares a public emergency whereby the immediate undertaking of the Project is necessary to protect the life, health, safety and property of the County and its residents and the County cannot await competitive bidding to let contracts for public work or for the purchase of supplies, material or equipment associated with the Project. Section 3. Pursuant to and in accordance with GML Section 6-c, the County hereby establishes a Capital Fund entitled Shared Public Works Facility Capital account to finance the cost of the Project, which shall not exceed the amount $2,778,402.00 and be funded with (i) the proceeds of insurance covering the Facility reconstruction of the Facility, and (ii) to the extent required and as authorized by the Chief Fiscal Officer of the County, inter-fund advances from fund balance or other available sources undertaken pursuant to and in accordance with GML Section 9-a. The Chief Fiscal Officer is hereby directed to deposit monies of this reserve in a separate bank account to be known as the “Shared Public Works Facility” Fund, and invest from time to time the monies of this fund pursuant to and in accordance with GML Section 6-f. Section 4. The County hereby authorizes the execution and delivery of the Contract with the Contractors, with the amount of consideration to be paid by the County to the Contractor to not exceed $2,778,402.00. The County hereby further authorizes the engagement of Hunt Engineers, Architects & Surveyors to serve as the County’s consulting engineer to oversee the Project, with such engagement to be memorialized within a services agreement to be authorized by the County Attorney and with payment on an hourly rate per contract. The County further authorizes the engagement of Harris Beach PLLC to serve as Special Counsel to the County in connection with the Project, with such engagement to be memorialized within an engagement letter to be authorized by the County Attorney with payment on an hourly rate per contract. Section 5.The County has identified the Project as a “Type II” Action, as defined pursuant to SEQRA and regulations contained at 6 NYCRR Part 617.5, whereby the Project involves (i) the replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading of buildings to meet building or fire codes, and/or (ii) an emergency action immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property. No further review is necessary for purposes of SEQRA. Section 6. The officers, employees and agents of the County are hereby authorized and directed for and in the name and on behalf of the County to do all acts and things required and to execute and deliver all such certificates, instruments and documents, to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolutions and to cause compliance by the County with all of the terms, covenants and provisions of the documents executed for and on behalf of the County. Section 7. This resolution shall take effect immediately. DISCUSSION: Legislator Halpin wished to comment on the letter from an insurance agent posted on The Odessa File Forum relative to our insurance process. Apparently they feel our process was not what it should have been. She asked the Chairman if he could comment on that remark. Chairman Fagan said he has had no direct involvement in the situation. He does know that one difficulty was relative to the insurance company, however they have been very meticulous in determining costs. Once they received the estimate from Welliver they independently checked with other contractors relative to those numbers. He felt it was a very comprehensive approach, but it took time. Legislator Barnes explained that the building was still new and some warranties were involved and might have been void. Chairman Fagan said he knows there has been a great deal of time and effort involved. We are now at the point in time, that if we were to bid this project out, there would be no way to make it operable for the winter season. Our temporary facilities are inadequate. It is only working now because the employees are working out on the road, hence the reason for the emergency.
Vote 6-0. PUBLIC PARTICIPATION: Mr. Mark Rondinaro asked if the County has an insurance settlement. He also asked if this was going to be covered by insurance, and what is the possibility of exposure. Chairman Fagan said there should be no exposure, with the exception of the truck loss. This Resolution is a not to exceed number of $2,778,402. If the project comes in under that number, insurance will use depreciation. If we expend the full amount on reconstruction of the facility, we have up to that amount. Mr. Rondinaro said he does not see that in the Resolution. Chairman Fagan explained that the insurance company has and that is why we had to wait until now to act on this Resolution. We have been waiting for weeks on the final number. Chairman Fagan wished to speak on a different subject all together. He happened to mention the closing of Camp Monterey to the Governor during the wine tour last week. The Governor indicated that he was not aware of the closing of Camp Monterey. He said he would look into it. In conjunction with that discussion he also brought up the extension of sales tax bill and why he has not signed the bill yet. The Governor’s aide called him and told him Tuesday that the sales tax bill was signed and then discussed the concerns about Monterey Shock Facility closing. That next day he received a call from the Department of Corrections Commissioner. He was told that the reason for the downsizing is simply a significant decrease in the eligible population for incarceration. They discussed figures over the years. Drug offenders were one of the eligibilities. The Commissioner was directly involved in creating the program in 1987 and told him that this was one of the most difficult decisions for him to make. The Chairman questioned him about the location being central to New York City over other locations. He was told that when the Mariah facility was on the chopping block the community did not want it closed and for that reason they selected Monterey. Needless to say he has met twice with the guards at Monterey Shock, and they are holding regular meetings weekly on Thursdays now. Some attending the meetings are Senator O’Mara, Assemblyman Palmesano, Mark Alger, Steuben County Administrator. Tom Santulli, Chemung County Executive, Sheriff Yessman, Administrator O’Hearn, the Supervisor from the Town of Orange, and the Elmira Mayor Skidmore. Thos attending have benefited significantly from Camp Monterey. They are all trying to put pressure on the Governor to reconsider the closure. Since the year 2009 to current, over 472,000 hours of work crew have been expended. At minimum wage, that would be in excess of three million dollars that have positively benefited local communities. There is also an impact on taxes if this goes away. We need to make our case. We are receiving letters from prisoners, circulating paper petitions, and the staff is giving documentation, etc. It needs to be a quick public effort made now because they are no longer sending prisoners to the camp. At the end of February there could be no one there. He wants this Legislature to pass a Resolution in September. He is working on it now. He is being told it was political, and he wants to demonstrate the facts and outcomes better than Mariah’s outcomes. Legislator Barnes, who has also been attending the meetings, said Congressman Reed attended yesterday’s meeting, and wants to help us. He had two of his staff members there taking notes. He has also reached out to parole officers for success stories. He is in contact with rapper Fifty Cent who had attended Camp Monterey in the past. Legislator Halpin asked if online petitions are set up. Legislator Barnes said Congressman Reed has initiated that, yes. Legislator Karius added that the Shock Facility is also in good fiscal shape. Chairman Fagan said that is a good point. The State has invested over fifteen million into the facility to weatherize it and do upgrades. It does not make sense that with their anniversary last year and the applause they received that they are now calling for its closer. Legislator Larison said he had a copy of the hours used by communities if anyone wished to have it. The Meeting adjourned at 10:25 a.m. Stacy B. Husted, Clerk
SPECIAL MEETING SEPTEMBER 4, 2013
The September 4, 2013 Special Meeting of the Schuyler County Legislature was called to order at 9:10 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of 125 PROCEEDINGS OF THE YEAR 2013
Silence. All Legislators were present except Legislator Yuhasz who was excused. Administrator O’Hearn and Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 266 Motion by Larison, Second by Gifford. RE: RATIFICATION OF SPECIAL MEETING 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. RESOLUTION URGING THE GOVERNOR TO MAINTAIN OPERATION OF THE MONTEREY SHOCK INCARCERATION CORRECTIONAL FACILITY IN RESPECT OF THE SAVINGS TO TAXPAYERS Vote 7-0. RESOLUTION NO. 267 Motion by Karius, Second by Larison. RE: RESOLUTION URGING THE GOVERNOR TO MAINTAIN OPERATION OF THE MONTEREY SHOCK INCARCERATION CORRECTIONAL FACILITY IN RESPECT OF THE SAVINGS TO TAXPAYERS WHEREAS, the Monterey Shock Incarceration Correctional Facility makes inmate work crews available to all local government entities within Schuyler, Steuben, Chemung and Tompkins Counties, and WHEREAS, the Monterey Shock Incarceration Correctional Facility work crew supplied 472,266 hours of labor during the period of January 1, 2009 through July 31, 2013, and WHEREAS, the monetary value of such Monterey Shock Incarceration Correctional Facility work crew hours calculated at minimum wage represents a savings to taxpayers, in excess of $3.4 million of which $1.97 million benefits New York State agencies including Elmira Southport Correctional Facilities, Elmira Psychiatric Center, Willard DTC, Department of Transportation, Department of Environmental Conservation, State Parks and the State Fire Academy, and WHEREAS, Schuyler County communities and organizations including the Villages of Watkins Glen, Montour Falls and Odessa, and the Towns of Orange and Tyrone, Camp Gorton Boy Scout facilities, Watkins Glen State Park, New York State Fire Academy, Catharine Creek floodplain, and numerous cemeteries throughout the County have utilized the Monterey Shock Incarceration Correctional Facility work crews to the benefit of taxpayers in Schuyler County, and WHEREAS, in 2012 the Monterey Shock Incarceration Correctional Facility work crew hours for Schuyler County municipalities totaled 22,500 hours which represents a savings to Schuyler County taxpayers of $391,725. WHEREAS, the impact on the Schuyler County taxpayers absent the benefit of the aforementioned savings would be an increase in the property tax rate equaling $.30 per thousand which represents a tax rate increase of 3.6%. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature urges the Governor and Department of Correctional Services Acting Commissioner not to close the Monterey Shock Incarceration Correctional Facility, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to the Honorable Governor Andrew M. Cuomo, Honorable Senator Thomas F. O’Mara, Honorable Assemblyman Philip Palmesano, and New York State Department of Correctional Services Acting Commissioner Anthony J. Annucci. DISCUSSION: Legislator Halpin commented that all levels of government need to be respectful to other levels of government. However the facts show that there is no good reason for this facility to be shut down, and it appears to be political. If we are successful in keeping it open, our next step should be to get the facility on the tax rolls. Chairman Fagan said after talking to staff and comparing the Monterey Facility to the Moriah Facility, the closing move is clearly political in nature, A rally in support of the camp is set for 1:00 p.m. on Monday, September 9, 2013 at the Watkins Glen Community Center, Chairman Fagan reminded the legislators and urged them all to attend to show their support for keeping Camp Monterey open. Vote 7-0. PUBLIC PARTICIAPTION: None. The Meeting adjourned at 9:17 a.m. Stacy B. Husted, Clerk
REGULAR MEETING SEPTEMBER 9, 2013
The September 9, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Karius and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz and Legislator Gifford who were excused. Administrator O’Hearn and Attorney Geoffrey Rossi were also present. 6:30 P.M. STAR PROGRAM REGISTRATION PRESENTATION BY JEFF BARTHOLOMEW, SYRACUSE OFFICE OF REAL PROPERTY TAX SERVICES REGIONAL MANAGER: Mr. Bartholomew talked about the new registration process for the STAR program. The flyer is on file in the Legislative Office. PUBLIC PARTICIPATION: Mr. Alan Hurley asked what miscellaneous maintenance projects Intro. No. 15 had to do with in particular. Chairman Fagan explained that this agreement is needed for as needed basic repairs and emergencies throughout the County. It does not pertain to just one specific project. Mr. Hurley wanted to know if it was bid out. Chairman Fagan explained that they used the bid extension process and bidding was not required this time. He asked how many workers compensation insurance carriers were reviewed before choosing Leahy Insurance Company on Intro. No. 16, and what were their bids. Chairman Fagan explained that this was not bid out, this is a professional service for cost recovery efforts and we could benefit from this. He explained that the provider take a percentage of the funds recovered. He then asked if the Legislature should adopt salary increases during a looming fiscal crisis or should they really be reviewing no increases in salaries during a budget crisis, such as having to exceed the 2% tax cap limit set down by the State. Chairman Fagan explained that these are for starting salaries for new hires. He told him that this does not raise any current salaries. Mr. Hurley questioned the salary increase recently given to the Planning Director. Chairman Fagan informed Mr. Hurley that was not a good example to use. He asked the Legislature if they believed that senior citizens in Tyrone should be directed to the newly purchased and remodeled Town Office Building located at 435 County Route 23, Dundee, NY 14837 to make appointments for “cost savings and convenience” for the seniors of the Town of Tyrone, and further provide real property service appointments in other towns as well. Chairman Fagan explained that the Town requested this and that we cannot tell the Town what they can and cannot do. Ms. Shirley Barton, from the Town of Hector, stated that she is running for Legislature in the new Hector 2 South Hector district. She read from a few articles that are on file in the Legislature Office all regarding the storage of LPG in facilities such as the Finger Lakes LPG Storage facility here. Mr. Michael Lausell, from the Town of Hector, questioned the position of the elected Treasurer. He asked if there are concerns with him and if he is qualified to carry out his duties. Chairman Fagan explained that for years the County has had problems in that department with the level of knowledge required. Administrator O’Hearn stated that with changing this from an elected to an appointed position it would allow qualifications to be implemented for the position, rather than being a popularity contest at the ballot. He reminded the public in attendance that this was brought forward by the existing Treasurer after being in this position for a few months. He also explained that this is a critical position and needs the qualifications implemented. Mr. Lausell was concerned with the position becoming a Comptroller and requiring a higher salary and questioned if there are trust issues with the existing Treasurer. Administrator O’Hearn explained that there is no intent to bring in a person at a higher salary. He explained that the existing Treasurer could meet the qualification requirements. There are no trust issues with the existing Treasurer. In the past perhaps, but not currently. Legislator Barnes stated that there are other Counties that have done the same thing. Mr. Mark 127 PROCEEDINGS OF THE YEAR 2013
Rondinaro stated that the majority of counties still have elected Treasurers. RESOLUTION NO. 268 Motion by Karius, Second by Larison. RE: APPROVE MINUTES OF THE AUGUST 12, 2013 REGULAR MEETING AND THE AUGUST 23, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the August 12, 2013 Regular Meeting and the August 23, 2013 Special Meeting of the Schuyler County Legislature be approved. Vote 6-0 RESOLUTION NO. 269 Motion by Barnes, Second by Field. RE: AUTHORIZE GRANT APPLICATION FOR THE HAZARDOUS MATERIALS EMERGENCY MANAGEMENT PREPAREDNESS (HMEP) GRANT – EMERGENCY MANAGEMENT WHEREAS, the New York State Emergency Response Commission has announced that grants are available to Local Emergency Planning Committees (LEPCs), and WHEREAS, Planning grant money is now available for grant year, Year-Twenty, October 1, 2012 through September 30, 2013, and WHEREAS, the purpose of these grants is to improve and implement emergency plans under the Emergency Planning and Community Right-to-Know Act of 1986, and WHEREAS, Schuyler County has been invited to apply for the grant with a minimum award amount of $3,160.00 for Year-Eighteen. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the State Emergency Management Office; said documents subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 270 Motion by Barnes, Second by Field. RE: AUTHORIZE APPLICATION AND ACCEPTANCE OF 2013 BYRNE JAG RECOVERY ACT GRANT – SHERIFF’S OFFICE WHEREAS, grant monies have been made available by the NYS Division of Criminal Justice Services, for the purpose of assisting the Schuyler County Sheriff’s Office with obtaining equipment to enhance and improve its Drug Enforcement Unit, and WHEREAS, this Grant award is in the amount of $12,500, with no County match. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby authorizes the Schuyler County Sheriff’s Office to submit a grant application for 2013 Byrne JAG Recovery Act Grant, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature and Schuyler County Sheriff be hereby authorized to accept any approved funds and sign any necessary documents for the funds, estimated to be $12,500 with no County match, said documents subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 271 Motion by Barnes, Second by Field. RE: AUTHORIZE STOP DWI PLAN FOR 2014 – SHERIFF’S OFFICE WHEREAS, the County of Schuyler is participating in the New York State Stop D.W.I. Program, and WHEREAS, participation in said program is totally reimbursed by the State of New York. NOW, THEREFORE, BE IT RESOLVED, that the Legislature hereby adopts and approves the 2014 STOP DWI Program Plan, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign said Plan subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 272 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING FOR THE NY CONNECTS PROGRAM YEAR 8– OFFICE FOR THE AGING WHEREAS, Schuyler County has a NY Connects program as a component of Office for the Aging, and WHEREAS, NY Connects is an Aging and Disability Resource Center (ADRC) for individuals with long term care or chronic healthcare issues from birth to death, and WHEREAS, NY Connects is an evolving program with services including but not limited to information and assistance, screening, benefits counseling, application assistance, counseling on Managed Long Term Care, care transitions, evidence based programs and follow-up and tracking, and WHEREAS, NY Connects is designed to be a collaborative effort including the function of a Long Term Care Council comprised of representatives of human services agencies, consumer populations served including caregivers, local government agencies, and other concerned stakeholders, and WHEREAS, under the Standard Assurances for the program, Office for the Aging agrees to maintain a memorandum of understanding (MOU) with the local Department of Social Services delineating the responsibilities of each lead entity, and WHEREAS, the State of New York acting through the New York State Office for the Aging implements the program with the Schuyler County Office for the Aging. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with the New York State Office for the Aging for the continuation of the NY Connects program from October 1, 2013 through September 30, 2014, for the allocated amount of $42,591, said agreement subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 273 Motion by Halpin, Second by Field. SE: AUTHORIZE AGREEMENT WITH SENIORS HELPING SENIORS FOR PC1 AND SUPERVISION (RESPITE) SERVICES UNDER EISEP AND TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) and the IIIE Caregiver programs include aide service for ancillary services and supervision (respite) services, and WHEREAS, the Seniors Helping Seniors agency can provide aides for said services, and WHEREAS, the current agreements with other agencies do not provide sufficient coverage to meet all needs for in-home services, and WHEREAS, the 2013-2014 EISEP and 2013 IIIE budgets include funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Seniors Helping Seniors agency to provide the necessary aide service at a rate not to exceed the current budget at $20.00 per hour for the term of October 1, 2013 through December 31, 2013, said contract subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 274 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH JUVENTAS PHYSICAL, OCCUPATIONAL AND SPEECH THEREAPY SERVICES, PLLC FOR PRESCHOOL PROGRAM SERVICES – PUBLIC HEALTH WHEREAS, Schuyler County is mandated to contract with a sufficient number of providers to serve eligible preschoolers identified with developmental delays, and WHEREAS, Schuyler County Public Health is the County’s identified Preschool Administrator, and WHEREAS, the program is mandated by New York State and services are authorized by the child’s school district, and WHEREAS, Juventas Physical, Occupational and Speech Therapy Services, PLLC is willing to be a provider for preschool services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Juventas Physical, Occupational and Speech Therapy Services, PLLC for preschool services, effective September 1, 2013 through June 30, 2014, at the rate of $67.00 per half hour session and $45.00 per child in a group session, to be renewed annually, funds available in the Public Health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 275 Motion by halpin, Second by Field. RE: ESTABLISH 2013 - 2014 ANNUAL LEAD GRANT - PUBLIC HEALTH 129 PROCEEDINGS OF THE YEAR 2013
WHEREAS, Schuyler County’s Annual Lead Grant will be $20,199 for the period October 1, 2013 through September 30, 2014. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to establish the 2013 - 2014 Lead Grant Budget, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to this grant, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 276 Motion by Halpin, Second by Field. RE: AUTHORIZE RESCINDING RESOLUTION NO. 255-13 TITLED “AUTHORIZE AGREEMENT WITH NEW YORK STATE EARLY INTERVENTION PROGRAM”– PUBLIC HEALTH WHEREAS, New York State Early Intervention had requested Counties make a onetime additional payment into their escrow accounts to pay providers, and WHEREAS, Schuyler County Legislature adopted Resolution No. 255-13 to authorized the extra payment into the escrow account, and WHEREAS, on August 13, 2013 the New York State Department of Health Early Intervention Program announced it would issue state-funded “safety net payments” to early intervention providers, so, the Counties need not make the requested onetime payments after all. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 255-13 be rescinded. Vote 6-0. RESOLUTION NO. 277 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH MASTERMIND ENTERTAINMENT FOR DJ SERVICES FOR STRONG KIDS SAFE KIDS EVENT – PUBLIC HEALTH WHEREAS, Schuyler County Public Health received funds from the Schuyler County Child Abuse Task Force upon their disbanding and, WHEREAS, Schuyler County Public Health committed to organizing the Strong Kids Save Kids Event for the community using these funds, and WHEREAS, Mastermind Entertainment has agreed to provide DJ services during this event September 21, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Mastermind Entertainment for DJ services September 21, 2013, for a total of $250, funds available in the Public Health budget, account no. 2960.0400, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 278 Motion by Halpin, Second by Barnes. RE: AUTHORIZE AN APPLICATION WITH THE NATIONAL ASSOCIATIONS OF CITY AND COUNTY HEALTH OFFICALS (NACCHO) FOR MEDICAL RESERVE CORP (MRC) CAPACITY BUILDING AWARD- PUBLIC HEALTH WHEREAS, NAACHO is offering the opportunity for the Schuyler County MRC unit to apply by September 30, 2013 for a Capacity Building Award, and WHEREAS, said award application requires no local match. NOW, THEREFORE, BE IT RESOLVED, that the Chairperson of the Legislature be hereby authorized to sign an award agreement and all documents relative to the said grant application with NACCHO for the Public Health Department for MRC Capacity Building award for the term January 1, 2014 through December 31, 2014, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 279 Motion by Halpin, Second by Barnes. RE: RECOGNIZE OCTOBER AS NATIONAL BULLYING PREVENTION MONTH AND OCTOBER 9, 2013 AS SCHUYLER COUNTY’S UNITY DAY – PUBLIC HEALTH WHEREAS, bullying is physical, verbal, sexual, or emotional harm or intimidation intentionally directed at a person or group of people, and WHEREAS, bullying occurs in neighborhoods, playgrounds, schools and through technology, such as the internet, and cell phones, and WHEREAS, various researchers have concluded that bullying is the most common form of violence, affecting millions of American children and adolescents annually, and WHEREAS, thousands of our children and adolescents are affected by bullying, and WHEREAS, targets of bullying are more likely to acquire physical, emotional and learning problems, and students who are repeatedly bullied often fear such activities as riding the bus, going to school and attending community activities, and WHEREAS, children who bully are at greater risk of engaging in more serious violent behaviors, and WHEREAS, children who witness bullying often feel less secure, more fearful and intimidated. NOW, THERFORE, BE IT RESOLVED, that the Schuyler County Legislature recognizes the month of October as County National Bullying Prevention Month, and BE IT FURTHER RESOLVED, that the Schuyler County Legislature proclaims October 9, 2013 as Schuyler County Unity Day sending the message into the workplace, home and community. Wear Orange to show that you care and demonstrate the bullying prevention is an important part of our society, and BE IT FURHTER RESOLVED, that Schuyler County’s Schools, students, parents, recreation programs, religious institutions and community organizations be encouraged to engage in a variety of awareness and prevention activities during the month of October, including wearing Orange on Unity Day, October 9, 2013. Vote 6-0. RESOLUTION NO. 280 Motion by Halpin, Second by Barnes. RE: AUTHORIZE AMENDING THE CONTRACT WITH TEN ELEVEN GROUP FOR AN ADDITIONAL AUTOMATED REMINDER CALL MODULE – COMMUNITY SERVICES – AS AMENDED WHEREAS, Ten Eleven, Inc. is the current provider of the electronic clinical record, and WHEREAS, Ten Eleven is able to provide an additional module for reminder calls, and WHEREAS, using the reminder call system will decrease the number of no-shows at the Mental Health Clinic and improve efficiency. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract amendment with Ten Eleven Group, for an additional amount of $2,500 as a one-time licensing fee, to be funded from account no. 4310.200, and $500 per year for maintenance, to be funded from account no. 4310.435, to make automatic reminder calls for appointments, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 281 Motion by Halpin, Second by Field. RE: AUTHORIZE ACCEPTANCE OF SYSTEMS OF CARE INNOVATION FUND GRANT AND AUTHORIZE A MEMORANDM OF UNDERSTANDING (MOU) WITH COORDINATED CARE SERVICES, INC. – COMMUNITY SERVICES WHEREAS, Schuyler County is a participant with the Systems of Care through the Conference of Local Mental Hygiene Directors, and WHEREAS, an additional grant has been offered in the amount of $23,200 for the purpose of improving the infrastructure in the community to implement cross-system initiatives and evidence-based practices, and WHEREAS, Coordinated Care Services, Inc. (CCSI) will be managing the grant dispersion on behalf of all 55 Upstate New York counties, and WHEREAS, an MOU is needed for Coordinated Care Services, Inc. with Schuyler County for a term of September 9, 2013 through December 31, 2014. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to sign any and all documents regarding the receipt of this grant and is authorized to sign said MOU, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is authorized to establish the 2013- 2014 Systems of Care Grant, in the amount of $23,200. 131 PROCEEDINGS OF THE YEAR 2013
Vote 6-0. RESOLUTION NO. 282 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT RENEWAL FOR 2013-2014 WITH CORNELL COOPERATIVE EXTENSION FOOD STAMPS NUTRITION SERVICES – SOCIAL SERVICES WHEREAS, the Department of Social Services receives funding through the Supplemental Nutrition Assistance Program for nutrition education in the amount of $57,298, and WHEREAS, Cornell Cooperative Extension has the expertise to provide nutrition education and has provided this service in 2012-2013 for $53,099. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract renewal with Cornell Cooperative Extension for nutrition education, with a term of October 1, 2013 through September 30, 2014, at a cost of $57,298, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 283 Motion by Halpin, Second by Field. RE AUTHORIZE CONTRACT EXTENSION WITH SILVERLINE CONSTRUCTION, INC. FOR MISCELLANEOUS STRUCTURAL MAINTENANCE AND RECONSTRUCTION ON VARIOUS STRUCTURES THROUGHOUT THE COUNTY - HIGHWAY DEPARTMENT WHEREAS, the Highway Superintendent and the Public Works Committee agreed to exercise the one- year contract renewal option for Miscellaneous Structural Maintenance and Reconstruction, and WHEREAS, Silverline Construction, Inc. has agreed in writing to extend the original contract under the same terms and conditions. The contract period shall be October 1, 2013 through September 30, 2014. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature hereby authorizes the contract extension with Silverline Construction, Inc., and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said contract extension, subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 284 Motion by Barnes, Second by Field. RE: AUTHORIZE CONTRACT WITH THE LEAHY COMPANY INC. FOR WORKER’S COMPENSATION INSURANCE RECOVERY SERVICES – HUMAN RESOURCES WHEREAS, the County received a proposal from the Leahy Company, Inc. to provide Worker’s Compensation Insurance recovery services, and WHEREAS, the Leahy Company, Inc. will keep 50% of any actual refund, reduced premiums, or credits received. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract with Leahy Company, Inc. for Worker’s Compensation Insurance recovery services, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 285 Motion by Barnes, Second by Field. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE CIVIL SERVICE EMPLOYEE’S ASSOCIATION – HIGHWAY DEPARTMENT UNIT REGARDING SICK BANK – CIVIL SERVICE WHEREAS, the County and the Union are parties to a collective bargaining agreement, and WHEREAS, the terms of agreement for Sick Bank usage needs clarification, and WHEREAS, the Civil Service Employee’s Association – Highway Dept. Unit – and Schuyler County have reached an agreement to modify the current collective bargaining agreement, and WHEREAS, said agreement will identify the rules and guidelines for Sick Bank usage. NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Schuyler County Legislature is hereby authorized to enter into a Memorandum of Agreement with the Schuyler County Civil Service Employee’s Association, Inc. as set forth above, effective upon ratification; subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION No. 286 Motion by Barnes, Second by Field. RE: AMEND MANAGEMENT/CONFIDENTIAL SALARY PLAN FACTOR RATING SYSTEM AND SALARY RANGES FOR 2014 WHEREAS, the Management/Confidential Salary Plan (M/CSP) states that the salary ranges may be increased each year by the rate of the Cost of Living Adjustment (COLA) from the July Bureau of Labor Statistics Data Report, Consumer Price Index, and applied using the same methodology as the Federal Government over a 12-month period, and WHEREAS, the COLA has been determined to be 1.7%, and WHEREAS, because the salary ranges have not been increased on two separate occasions in the past, the Management & Finance Committee recommends increasing the ranges by 3% for the Year 2014. NOW, THEREFORE, BE IT RESOLVED, that the Factor Rating System and Salary Ranges chart shall be amended to reflect this change as per attached chart, effective January 1, 2014. FACTOR RATING SYSTEM AND SALARY RANGES POINTS GRADE MIN MID MAX_ 1026 – 1100 M 80,355 91,156 101,981 951 – 1025 L 74,169 84,985 95,801 876 – 950 K 68,046 78,805 89,621 801 – 875 J 61,806 72,625 83,440 726 – 800 I 55,629 66,444 77,259 651 – 725 H 49,446 59,491 69,534 576 – 650 G 44,811 55,629 66,444 501 – 575 F 41,719 51,763 61,806 426 – 500 E 38,629 47,899 57,171 351 – 425 D 35,540 44,040 52,538 276 – 350 C 32,449 40,175 47,899 202 – 275 B 29,359 37,085 44,811 DISCUSSION: Legislator Halpin stated that she would like to try and clarify this for the public. This policy is used to help determine the starting pay ranges for new hires, it is not raising the pay for all of the Management currently on the payroll in the County. Vote 6-0. RESOLUTION NO. 287 Motion by Karius, Second by Field. RE: AUTHORIZE SETTLEMENT AGREEMENT WITH AMIE L. KELLER BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Settlement Agreement with Amie L. Keller, subject to approval of labor counsel, and the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 288 Motion by Karius, Second by Field. RE: AUTHORIZE RENEWING INTER-MUNICIPAL AGREEMENTS WITH THE TOWNS TO PROVIDE COUNTY WIDE ASSESSING SERVICES – REAL PROPERTY TAX WHEREAS, the County of Schuyler and its municipalities are empowered to enter into joint service contracts pursuant to Article five-G of the General Municipal Law, and WHEREAS, various towns have expressed an interest in renewing their contracts with the county for the provision of assessing services pursuant to Real Property Tax Law Section 1537. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to execute contracts with Schuyler County municipalities wishing to enter into the above named contractual arrangement for the term of on or after October 1, 2013 through September 30, 2019, at an annual fee per parcel, subject to approval by the County Attorney. Vote 6-0. RESOLUTION NO. 289 Motion by Karius, Second by Field. 133 PROCEEDINGS OF THE YEAR 2013
RE: AUTHORIZE AMENDING RESOLUTION NO. 258-13 TITLED “AUTHORIZE AN ONGOING CONTRACT WITH ELAVON, INC FOR CREDIT CARD PAYMENT SERVICES – TREASURER’S OFFICE” TO SPECIFY THE HOST DEPARTMENTS COSTS ASSOCIATED WITH CREDIT CARD PAYMENT SERVICES WHEREAS, Resolution No. 258-13 authorized an ongoing contract with Elavon, Inc. for Credit Card Payment Services, and WHEREAS, there is an implementation fee of $100.00 and a fee of $799.00 per unit for each credit card reader machine associated with this contract. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 258-13 be amended to have the Now, Therefore, Be It Resolved now read as follows with additions in bold text: “NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the Chairman of the Legislature to execute an ongoing contract with Elavon, Inc. for the Treasurer’s Department, for immediate use by the Public Health and Mental Health Facility at the Mill Street Operations for Credit Card Payment Services (collections), said implementation fees and unit fees to be charged to the appropriate departmental budgets, with said service Fees to be passed on to those clients choosing to utilize this means of product/service payment, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 290 Motion by Karius, Second by Field. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DEPUTY COMMISSIONER OF SOCIAL SERVICES POSITION WHEREAS, the current Deputy Commissioner of Social Services has submitted her resignation effective September 27, 2013, and WHEREAS, it is upon recommendation by the Commissioner of Social Services that Michele R. Wasicki be appointed to said position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment by JoAnn Fratarcangelo, of Michele R. Wasicki to the Deputy Commissioner of Social Services position, effective September 30, 2013, at an annual salary of $58,553, Grade H, in the Management/Confidential Salary Plan. Vote 6-0. RESOLUTION NO. 291 Motion by Halpin, Second by Larison. RE: MOTION TO BRING ONE (1) ADDITIONAL RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) additional Resolution be brought to the floor. Vote 6-0. RESOLUTION NO. 292 Motion by Larison, Second by Field. RE: AUTHORIZE LEASE AGREEMENT RENEWALS WITH THE MECKLENBURG VOLUNTEER FIRE COMPANY, BURDETT VOLUNTEER FIRE COMPANY, VALOIS-LOGAN HECTOR FIRE COMPANY, SEARSBURG GRANGE #494, AND TYRONE VOLUNTEER FIRE COMPANY AS POLLING SITES FOR THE PURPOSE OF CONDUCTING COUNTY-WIDE ELECTIONS WHEREAS, the Schuyler County Board of Elections must obtain polling sites for the purpose of conducting both primary and general county-wide elections, and WHEREAS, the Mecklenburg Volunteer Fire Company, Burdett Volunteer Fire Company, Valois- Logan Hector Fire Company, Searsburg Grange #494, and Tyrone Volunteer Fire Company have all agreed to a lease with the Board of Elections to use their facilities for said polling sites, at a fee of $300 per year, for five years, and WHEREAS, the Towns of Hector and Tyrone will be incurring the cost, not the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the above companies for the Schuyler County Board of Elections for Polling Sites for the term September 1, 2013 through December 31, 2018, subject to approval of the Schuyler County Attorney. DISCUSSION: Legislator Halpin asked if this is to be paid out of the Board of Elections budget. Administrator O’Hearn replied, no the Towns pay the rental. Legislator Barnes asked why this is an emergency and was not brought through the committee process like all other agreements. Administrator O’Hearn replied that this is normally how the Board of Elections office operates. However, to offer a defense, there was some late negotiations with Mecklenburg in the process and that could be why the agreements were held up. Vote 6-0. NEW BUSINESS: Chairman Fagan explained that we are in receipt of the 2012 Audit from our outside auditing firm Ciaschi, Dietershagen, Little, Mickelson & Company, LLP. (CDLM). Once the Legislature officially accepts this, it will be placed on our web page. MOTION by Legislator Barnes, SECOND by Legislator Larison to accept the 2012 Audit Report. Motion carried six ayes to zero. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Barnes stated that it was a nice turn out at the Community Center to show support for Camp Monterey. Chairman Fagan explained that we have petitions in support of the Monterey Shock Facility. He said that if anyone wanted to sign them to see him at the end of the meeting. He went on to explain that we had a meeting at the Community Center with about 200 people in attendance to show support of this facility. He explained some of the benefits and education that the inmates receive as well as how the community benefits from their labor. In August alone, they expended over 4000 hours throughout Schuyler, Chemung, Steuben and Yates Counties. In 2012 the facility expended over 22,500 hours in Schuyler County on community projects. This equates to about $400,000 in services. Their operating costs are pretty low, they cut wood for their heat, the Department of Corrections recently invested in upgrades to the facility. The closure does not make sense. Legislator Larison stated that the work that the Monterey Shock Facility has performed was needed, and that without their labor forces, the cost would have been passed down the tax payers. Chairman Fagan went on to say that there is support from Senator O’Mara, Congressman Reed, Assemblyman Palmesano and Assemblyman Friend. He emphasized that this is a bipartisan effort. This facility has been in place now for twenty six (26) years and that it is centrally located. One of the key components of their programs is family support. This will suffer if this facility is closed. The inmates would be relocated a farther distance away. This would make it more difficult for family. He said he has asked the State representatives why one of the other facilities was not closed instead, and he was told that the last time the Governor put the Marion Facility on the chopping block, he received too much public outcry. This is why the Monterey Facility was chosen for closure. Administrator O’Hearn stated that the 120 employees equates to about Ten Million ($10,000,000) dollars per year. Chairman Fagan said they need more publicity. One of the top chefs in the United Nations is a graduate from this facility, and they are hoping to get him to speak about the closing. Legislator Barnes said the petition is available online at http://www.nysenate.gov/press-release/keep-monterey-open. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that he will be attending the Governor’s Regional Conference in Binghamton. The Governor will be in town for a special announcement regarding “New York’s Rising Communities”. He also reported that the Shared Public Works Facility rebuild is making progress. He will be attending weekly meetings on this project. We will be looking at some of the design issues with the facility and possibly take this time to take advantage of some enhancements, such as door placements, outlet locations, etc. We have put a “wish list” together and the Engineer will put a cost associated with it. There are no issues with the completion date as this point, it is moving along well. He also reported that the Southern Tier Network meets this week. They project by the end of the year to have the broadband completed. Legislator Halpin asked for the completion date of the Shared Public Works Facility. Administrator O’Hearn said it should be the month of March, 2014, for the entire facility. PUBLIC PARTICIPATION: Mr. Rondinaro asked Administrator O’Hearn if the cost of the wish list will be paid for by the insurance funds. Administrator O’Hearn stated that there will be no extra money spent on the wish list. If the reconstruction budget cannot bare the expense, it will come off the list. Mr. Hurley questioned the Walmart assessment and the fact that the County settled with them. Chairman Fagan explained that the County did not settle, the Town of Dix did. He reported the numbers based 135 PROCEEDINGS OF THE YEAR 2013 on his memory and stated that he did not have the exact figures with him. Mr. Hurley went on to question about the store front grant received and who received them, how the funds where spent, and wants to know how the shared services savings are measured and how one Legislator can make a statement in a paper like that without knowing. Chairman Fagan stated that he did not put that ad in the paper he was referring to. Mr. Lausell asked Administrator O’Hearn if Walmart asked for their assessment to be lowered, and was there an argument. Administrator O’Hearn explained that it was based on income versus payables. He stated that he wished Tom Bloodgood, Real Property Tax Director, was still present to explain it better. He then offered to get the details and provide them later if he wanted. Chairman Fagan stated that this Walmart is the highest assessed Walmart in the region. The Meeting adjourned at 7:49 p.m. Jamee L. Mack, Deputy Clerk.
SPECIAL MEETING OCTOBER 9, 2013
The October 9, 2013 Special Meeting of the Schuyler County Legislature was called to order at 9:15 a.m. by Acting Chairman Gifford. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz, Legislator Karius and Chairman Fagan who were all excused. Administrator O’Hearn and Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: None. RESOLUTION NO. 293 Motion by Larison, Second by Field. RE: RATIFICATION OF SPECIAL MEETING 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. ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF COMMUNITY SERVICES POSITION Vote 5-0. RESOLUTION NO. 294 Motion by Barnes, Second by Halpin. RE: ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR THE DIRECTOR OF COMMUNITY SERVICES POSITION WHEREAS, the Director of Community Services position has been vacant since June 14, 2013, and WHEREAS, it is upon recommendation by the Community Services Board that M. Shawn Rosno be appointed to said position. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby acknowledges the appointment made by the Community Services Board of M. Shawn Rosno to the Director of Community Services position, effective November 18, 2013, at an annual salary of $100,000 Grade L, in the Management/Confidential Salary Plan. Vote 5-0. PUBLIC PARTICIAPTION: None. The Meeting adjourned at 9:15 a.m. Stacy B. Husted, Clerk
REGULAR MEETING OCTOBER 21, 2013
The October 21, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz and Legislator Karius who were excused. Administrator O’Hearn and Attorney Geoffrey Rossi were also present. PUBLIC PARTICIPATION: Mr. Mike Donnelly, said he was here representing the United Way Program. He wished to talk about signage and his phone call earlier today to Mr. O’Hearn, that didn’t end to his satisfaction. He was told he needed to bring this to the full Legislature. He explained that he has devoted his time through the Montour Moose Lodge. There are a number of volunteers and hundreds of hours for the fund raising campaigns for the United Way program, and this year they were not able to use the large Highway Vermac message boards because of a policy change. He feels that the attendance was down by at least one hundred to two hundred and fifty people with the lack of the advertising without the use of these. He questioned why they were used for the Italian Festival. He feels that the whole County benefits from the United Way campaign and that our policy should be reconsidered. Administator O’Hearn explained to the Legislators that Mr. Donnelly called and talked with him earlier in the day. He explained to him why he was not permitted to use the signs, and that he would have to come to the Legislature to complain. Administrator O’Hearn then asked Mr. Greg Mathews, Highway Superintendent, who was present, if wanted to add anything. Mr. Mathews stated that it was New York State Department of Transportation (NYSDOT) that had called him and told him that these could not be used on the State Highway right of way. Administrator O’Hearn also added that part of the funding for the signs was through grants that limited the use of the signs as well. Mr. Donnelly said still is not satisfied with the outcome and he will be calling Senator O’Mara. Mr. Keith Caslin, who lives in the Town of Dix, and owns property next to the Mill Creek Center on South Perry Street, said he has lived here all of his life and had thought about buying another piece of property in the same area. He is here tonight because he had witnessed a few things in the past couple of weeks that has him really upset. He explained a couple of situations that occurred on his property that involved foul language and threatening statements both to him and his wife with their children in close proximity. He had called and reported one of the incidents and the Sheriff Deputy and the Village Police Department responded. He could not have asked for better service there. His concern is the fact that we have level two and three sex offenders unattended, and close to schools and homes. This never occurred until the County Transit bus stop was relocated. He questioned why the Mill Creek Center does not have security. He has witnessed fights in the parking lot on weekends he has had two occasions of theft. He understands the need for security in this County Building, but why not the Mill Creek Building? This is an issue that needs to be addressed. Administrator O’Hearn explained that the Rainbow Chasers is a contract agency in this building and security has not been requested. Legislator Barnes said he is aware of the issues there and has talked with Administrator O’Hearn and the bus stop is going to be relocated. Administrator O’Hearn told Mr Caslin that his concerns are so noted. Mr. Mark Rondinaro asked about the appointment of the Highway Superintendent. He recalled at the Legislative Resolution Review Committee (LRRC) that this was not our standard practice and asked why it was being done now. Chairman Fagan informed Mr. Rondinaro that he will be making a motion to table this Resolution and request that we consider changing our Rules of Procedure. The Clerk explained that this is a two month process. Mr. Rondinaro also asked about the salary adjustments in the Local Law. He wanted to know if they were cost of living increases. Administrator O’Hearn told him yes, it was a 3% raise. He then asked about the Planning Director and wanted to know if this was a local person. Administrator O’Hearn said yes, she was and he would explain more when we reached that Resolution on the agenda. Mr. Alan Hurley addressed the Legislators and asked if he could ask the County Clerk about the Deputy County Clerk Trainee appointment on the agenda. The Chairman granted him permission to do so. He wanted to know why Michelle Gee was not given this opportunity. Linda Compton, County Clerk, told Mr. Hurley that she did what she thought was in the best interest of the County. She also informed Mr. Hurley he should know that everything she does is in the best interest of this County. Mr. Hurley agreed. Mr. Hurley had a few other concerns regarding the location of the proposition on the ballot for the Treasurers position, budgeting for the Accountant in the Treasurer’s Office, and the motion sign out in the front yard. The Chairman answered his questions and explained that the placement of the proposition was done by the Board of Elections, the Legislature has no control over that. RESOLUTION NO. 295 Motion by Larison, Second by Halpin. RE: APPROVE MINUTES OF THE SEPTEMBER 4, 2013 SPECIAL MEETING AND THE SEPTEMBER 9, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE 137 PROCEEDINGS OF THE YEAR 2013
BE IT RESOLVED, that the minutes of the September 4, 2013 Special Meeting and the September 9, 2013 Regular Meeting of the Schuyler County Legislature be approved. Vote 6-0. RESOLUTION NO. 296 Motion by Larison, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS – CORONER WHEREAS, there were significant unanticipated expenses involving accidental deaths requiring numerous autopsy expenses which have caused the 2013 Coroner’s budget to be depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $5,600.00 from Contingency account no. 1990.500 to the Coroner account no. 1185.400-Contractual. Vote 6-0. RESOLUTION NO. 297 Motion by Larison, Second by Halpin. RE: AUTHORIZE 2013-2014 SNOWMOBILE GRANT APPLICATION – SOIL & WATER CONSERVATION WHEREAS, four local Snowmobile Clubs in the county wish to use the Schuyler County Government as their authorized local sponsor for their grants, and WHEREAS, the Soil and Water Conservation District would be the administrator of the grants and the County Treasurer would administer the grant funds, and WHEREAS, the Snowmobile Clubs will carry $1,000,000 in insurance with a copy filed in the Soil and Water Conservation District Office, and WHEREAS, the Department of Environmental Conservation (DEC) will issue trail permits to the Snowmobile Clubs with the idea that there will be less needed grooming maintenance for the trails. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby agrees to be the authorized local sponsor for four local Snowmobile Clubs in the County in pursuit of Snowmobile Trails Grant funds, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the 2013-2014 grant application and contract; subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 298 Motion by Larison, Second by Halpin. RE: AUTHORIZE CONTRACT WITH CATHOLIC CHARITIES FOR THE PROVISION OF HOME ENERGY ASSISTANCE PROGRAM (HEAP) ALTERNATIVE CERTIFIER- SOCIAL SERVICES WHEREAS, the Office of Temporary Assistance and Disability Assistance (OTDA) requires the Department of Social Services to have an alternative certifier for HEAP applications, and WHEREAS, Catholic Charities has the capacity to provide such services in Watkins Glen, and WHEREAS, Catholic Charities will provide up to 15 hours per week of service for a term of October 1, 2013 through March 31, 2014 with a not to exceed amount of $10,000. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Catholic Charities for the HEAP alternative certifier for the term of October 1, 2013 through March 31, 2014, funding available in 2013-2014 Social Service budget account no. 6010.332; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 299 Motion by Halpin, Second by Larison. RE: AUTHORIZE AMENDING THE 2013 BUDGET SAFETY NET AND FOSTER CARE – SOCIAL SERVICES WHEREAS, the Social Service budget for Safety Net is $750,000 for 2013, and WHEREAS, eighty percent (80%) of the budget has been expended ($602,743) through August 31, 2012, requiring the need for additional funds to this account, and WHEREAS, the Social Service budget for Foster Care has a surplus for 2013. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is herby authorized to amend the 2013 budget as follows: ACCOUNT NO. AMOUNT DESCRIPTION 6119.400 - $150,000 Foster Care Expense 6119.3619 -$ 43,500 State Aid Foster Care 6140.400 + $150,000 Safety Net 6140.3640 + $ 43,500 State Aid Safety Net Vote 6-0. RESOLUTION NO. 300 Motion by Halpin, Second by Larison. RE: AUTHORIZE LEASE AGREEMENT WITH DEPARTMENT OF SOCIAL SERVICES FOR SPACE USED FOR THE PINS DIVERSION PROGRAM - BUILDINGS AND GROUNDS WHEREAS, the Department of Social Services contracts with Glove House to provide the workers for the PINS Diversion Program and has funds available through the Child Welfare Funds to reimburse the county for office space, and WHEREAS, Glove House is currently occupying office space in Room 128 at the Human Services Complex, and WHEREAS, the Watershed Department is currently occupying part of the space, until which time they move back into the Shared Services Building, and WHEREAS, the amount due for the lease payment will be reduced proportionally for the month(s) that Watershed Department is occupying part of the space. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a lease agreement with the Department of Social Services at a cost not to exceed $6,245.00, for a term of January 1, 2014 through December 31, 2014, payable annually in September, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 301A Motion by Fagan, Second by Halpin. RE: MOTION TO TABLE RESOLUTION NO. 301 BE IT RESOLVED, that Resolution No. 301 be tabled to change the Rules of Procedure. Vote 6-0. RESOLUTION NO. 301 Motion by Halpin, Second by Larison. RE: APPOINTMENT – HIGHWAY SUPERINTENDENT - 2014-2017 - TABLED BE IT RESOLVED, that Gregory S. Mathews be appointed Highway Superintendent for a four-year term commencing January 1, 2014 and ending December 31, 2017. RESOLUTION NO. 302 Motion by Barnes, Second by Gifford. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Serial/VIN # Department 6562 Optiplex GX7010 16NKPH1 Purchasing 5163 Optiplex GX260 JGLR021 Highway 4762 Shredder MBM 4003 2136809 Records Mgmt 6547 Dell D630 Laptop 280MPH1 Public Health 6109 Dell GX620 Desktop D98R8C1 IT 4403 Lt Blue Swivel Chair DSS 6016 GX620 Optiplex 1GJ7W91 IT Unknown GX620 Optiplex 447NKC1 IT 6114 GX620 Optiplex 898R8C1 IT (DSS) The following need to be declared junk as a result of the Shared Public Works Facility fire: 5421 Twin Post Lift A3F124 Central Garage 139 PROCEEDINGS OF THE YEAR 2013
6563 Optiplex 755 Minitower C5NKPH1 Highway 6575 Optiplex 755 Minitower 26V3WH1 Highway 510 Grinder/Bench F276 Highway 567 Jack/Floor/Hydraulic 1 330 93665 Highway 4272 Jackson Helmet N/A Highway 4362 2000 Volvo Truck 4V5SC2JHXYN520852 Highway 4747 Homelite Generator N/A Highway 5750 Migmaster 250 Welder MBGJ350649 Highway 5852 Steelmax Mag Drill N/A Highway 5853 Hot Water Washer KS2004C Highway 6257 2008 Volvo Dump Truck 4V5KC9EG18N498671 Highway Vote 6-0. RESOLUTION NO. 303 Motion by Barnes, Second by Gifford. RE: AUTHORIZE THE CREATION AND FILLING OF A DEPUTY COUNTY CLERK TRAINEE POSITION/ACKNOWLEDGE APPOINTMENT AND SET SALARY FOR DEPUTY COUNTY CLERK POSITION – COUNTY CLERK WHEREAS, the Deputy County Clerk will be retiring on March 31, 2014, and there is a need for a training period with the incumbent and her replacement, and WHEREAS, it is the recommendation of the County Administrator and Personnel Officer, that a Deputy County Clerk Trainee position be created and filled within the County Clerk’s Office, and WHEREAS, it is also recommended by the County Clerk that Theresa Philbin be appointed to said Trainee position and to be appointed to the vacant Deputy County Clerk position upon the retirement of the incumbent, and WHEREAS, funding for this position is included in the preliminary 2014 budget. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby authorizes the creation, filling, and appointment, by Linda Compton, County Clerk, of Theresa Philbin, to the Deputy County Clerk Trainee position at 35 hours per week, in Grade D of the Management/Confidential Salary Plan, to be paid the prorated salary rate of $36,000, effective January 2, 2014, and BE IT FURTHER RESOLVED, that this Legislature hereby acknowledges the appointment of Theresa Philbin, by Linda Compton, County Clerk, to the Deputy County Clerk position with an annual salary of $39,000, effective April 1, 2014, in Grade E of the Management/Confidential Salary Plan, and that the Deputy County Clerk Trainee position be abolished as of April 1, 2014 upon the retirement of the incumbent. Vote 6-0. RESOLUTION NO. 304 Motion by Barnes, Second by Gifford. RE: AUTHORIZE ONGOING AGREEMENT WITH CHILD CARE COUNCIL, A DEPARTMENT OF PROACTION OF STEUBEN AND YATES COUNTY FOR INTERNET SERVICE – INFORMATION TECHNOLOGY WHEREAS, Child Care Council, A Department of ProAction of Steuben and Yates County is leasing space at the Human Services Complex, 323 Owego Street Unit 6, Montour Fall, and WHEREAS, Child Care Council, A Department of ProAction of Steuben and Yates County, is interested in integrating with the County’s Internet service, and WHEREAS, the Internet service will be provided at a cost of $30 a month, and WHEREAS, minor maintenance and program changes will be provided at a rate of $60.21 per hour, and WHEREAS, Internet service charges and maintenance fees shall change as costs increase or decrease, and WHEREAS, it is the recommendation of the Director of Information Technology that this agreement be allowed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an on-going agreement with Child Care Council, A Department of ProAction of Steuben and Yates County, for use of the County’s Internet access, effective October 16, 2013; subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 305 Motion by Larison, Second by Gifford. RE: RESOLUTION TO APPROVE APPLICATION FOR CORRECTED 2013 TOWN OF MONTOUR TAX ROLL – REAL PROPERTY TAX WHEREAS, application for credit of real property taxes has been filed in accordance with Real Property Tax Law (RPTL) Section 556 for parcel 86.07-3-65, owned by the United States Postal Service, in the Village of Montour Falls, and WHEREAS, real property acquired by the United States becomes immediately exempt from taxation pursuant to RPTL Section 400, and WHEREAS, the Real Property Tax Director has investigated the circumstances of the alleged error and found that placing these parcels in the taxable section of the roll constitutes an unlawful assessment as defined in RPTL Section 550(7)(a), and WHEREAS, it is the recommendation of the Director and the Management & Finance Committee that the application for correction be approved. NOW, THEREFORE, BE IT RESOLVED, that the application for credit be approved, and that the taxes due in the amount of $2,764.13 be expunged from the roll with an appropriate chargeback to the Town of Montour. Vote 6-0. RESOLUTION NO. 306 Motion by Larison, Second by Gifford. RE: SET DATE FOR PUBLIC HEARING ON COUNTY BUDGET FOR 2014 WHEREAS, a public hearing in respect to the 2014 County Budget is required pursuant to County Law Section 359, and WHEREAS, the Management & Finance Committee turned over the Preliminary budget to the Legislature on Tuesday, October 22, 2013 making it now a Tentative budget, and the Legislature is now ready for the public hearing. NOW, THEREFORE, BE IT RESOLVED, that a public hearing in regard to the 2014 County Budget will be held in Room 120 at the Human Service Complex, 323 Owego Street, Montour Falls, NY on November 12, 2013 at 6:30 p.m., to be followed by the Regular Meeting of the Legislature, and possible action to adopt the 2014 Budget, and BE IT FURTHER RESOLVED, pursuant to County Law Section 152 that this resolution shall not be effective unless approved by the affirmative vote of at least three-fourths of the total membership of the County Legislature, and BE IT FURTHER RESOLVED, upon approval of this resolution, the Clerk of the Legislature shall give appropriate public notice of said hearing and provide a specific number of copies as the Governing Body shall direct of the tentative budget, and otherwise comply with the requirements of County Law Section 359. RESOLUTION NO. 307 RE: RESOLUTION IN SUPPORT OF STATE PROPOSITION NO. 1 AUTHORIZING CASINO GAMING - FAILED WHEREAS, the New York State Legislature has passed 2013 Legislation to create Proposition No. 1, “Authorizing Casino Gaming” on the Statewide ballot, Tuesday, November 5, 2013, and WHEREAS, the authorization to establish up to seven (7) Full Gaming Licenses in Non-Native American Compact Zones will allow other portions of the State of New York to share in the economic benefits of casino gaming, and WHEREAS, full casino gaming will result in new revenues allowing for greater State Aid to education, allowing for a greater offset of local school taxes, and WHEREAS, those new revenues will also be directly shared with all Counties in the region of a Full Gaming Licensed Facility, allowing for a greater offset of local property taxes, and WHEREAS, full casino gaming will result in an estimated 1,000 direct and indirect upstate jobs. 141 PROCEEDINGS OF THE YEAR 2013
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature passes this Resolution in support of Proposition No. 1, “Authorizing Casino Gaming” on the Statewide ballot, Tuesday, November 5, 2013, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution be sent to Tioga Downs Casino. DISCUSSION: Chairman Fagan explained that this no vote is a vote of protest to the Governor for his decision to close Camp Monterey and his action regarding the Safe Act. The Governor has not taken into consideration the adverse effects this closure will have and wonders if he has taken into consideration the social and economical impacts of increased gambling will cause. Legislator Halpin and Legislator Barnes agreed. Vote 0-6. Noes; Larison, Field, Halpin, Barnes, Gifford Fagan. RESOLUTION NO. 308 Motion by Larison, Second by Gifford. RE: LOCAL LAW INTRO. NO. 6 OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2014 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. 6 of the year 2013 be, and hereby is, introduced in the form hereto annexed 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 November 12, 2013 following the public hearing on the 2014 Tentative Budget, in Room 120 at the Human Services Complex, 323 Owego Street, Montour Falls, NY. LOCAL LAW INTRO. NO. 6 OF THE YEAR 2013 A Local Law Setting Salaries for Certain Public Officers for the Year 2014. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2014. 2. The following public officers are subject to the provisions hereof: Commissioner of Social Services $77,250 Personnel Officer $65,920 Real Property Tax Director $81,129 County Administrator $111,448 County Attorney $100,940 Public Defender $84,048 Clerk of the Legislature $49,890 Commissioners of Elections $12,603 Dep. Comm. of Elections $34,750 Dep. Comm. of Elections $31,827 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 6-0. RESOLUTION NO. 309 Motion by Larison, Second by Gifford. RE: MOTION TO BRING FOUR (4) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that four (4) Resolutions be brought to the floor. Vote 6-0. RESOLUTION NO. 310 Motion by Barnes, Second by Field. RE: APPOINTMENT – COUNTY CORONER WHEREAS, William J. Saks, M.D. has resigned from his position as County Coroner effective September 30, 2013, and WHEREAS, Blanche Borzell, M.D., Chief Coroner, has recommended Dr. Benjamin Saks, D.O. to fill said vacancy until such time a primary can be held to fill the unexpired term. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Dr. Benjamin Saks, D.O. as County Coroner to fill the vacancy of William J. Saks, M.D., effective immediately until December 31, 2014. Vote 6-0. RESOLUTION NO. 311 Motion by Barnes, Second by Field. RE: AUTHORIZE APPOINTMENT – PLANNING DIRECTOR WHEREAS, the Planning Director position has been vacant since October 11, 2013, and WHEREAS, it is upon recommendation by the Personnel Officer and County Administrator that Kristin VanHorn be appointed to said position. NOW, THEREFORE, BE IT RESOLVED, that Kristin VanHorn be appointed Planning Director, effective November 4, 2013, at an annual salary of $51,000, in Grade Level G in the Management/Confidential Salary Plan. DISCUSSION: Administrator O’Hearn told the Legislators that the new Planning Director is a local graduate from Watkins Glen High School and Penn State with a degree in architectural landscaping. She is now in Washington designing for their facilities around the Country. She wants to relocate back home and is very energetic. Legislator Halpin asked how her salary compares to the past Planning Director’s salary. Administrator O’Hearn explained that she has more experience than the past planner and he had more education without the work experience. The salary for Kristen is acceptable per the negotiations with her and she just meets the minimum of three years experience required to meet the job qualifications by three months. Vote 6-0. RESOLUTION NO. 312 Motion by Barnes, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS – HUMAN RESOURCES WHEREAS, numerous expenses such as the new ADP Payroll processing and Labor Counsel fees have depleted the 2013 Human Resource’s Professional Fees and Services account, and WHEREAS, since payroll was moved from the Treasurer’s office to the Human Resources Office there are some unexpended funds available in the Treasurer’s Personnel Services account and some will have to come from Contingency. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be authorized to transfer the amount of $19,000 into the Human Resources account no. 1430.435-Professional Fees and Services from the following accounts: AMOUNT ACCOUNT NO. DESCRIPTION -$5,000 1325.100 Personnel Services -$14,000 1990.500 Contingency Vote 6-0. RESOLUTION NO. 313 Motion by Barnes, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINGENCY FOR BOARDING OF PRISONERS – SHERIFF’S DEPARTMENT WHEREAS, the Sheriff’s 2013 Boarding of Prisoners account is over-expended as of the October billing, and WHEREAS, there are sufficient funds in the Contingency Account to cover said expenditure. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $40,000 from Contingency account no. 1990.500 to account no. 3150.456-Boarding of Prisoners. Vote 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: None. REPORT ON STANDING COMMITTEES: Legislator Larison reported that he had just spent three days at a Soil and Water Conservation Conference. He also attended Inter-County last week with the Chairman. Seneca County had adopted a Resolution in opposition of the Inergy Project and had submitted it to Inter County. Chairman Fagan explained he had documentation that supported the misstatements by Seneca County. Three letters from a Geologist in Louisiana, a letter from a Professor at the Syracuse Environmental College, and the studies that Inergy had completed with their sonar testing. All pointing to the salt caverns being the best location to store the product in from an environmental stand point. This project still has not received the final approvals needed yet. At the time of the vote at the Inter-County meeting, it failed 2-10. Ontario County had also originally adopted their own Resolution in opposition of this project not having all the facts. They in turn voted against it at Inter- County. Legislator Halpin passed around a flyer for the Prospher model program. This is an evidence based 143 PROCEEDINGS OF THE YEAR 2013 program that will be delivering the Strengthening Families Program to 5th and 6th grade students at Odessa Montour. JoAnn Fratarcangelo, Commissioner of Social Services, and Marcia Kasprzyk, Director of Public Health, have been trained. They will both be monitors and the kick off will be the Harvest Dinner. This is in hopes of getting people to attend. She explained that Cornell Cooperative Extension received a $1,400.00 dollar grant to help pay for this program, along with $2,000.00 dollars from the Systems of Care Grant for food supplies. Schuyler County is one of two counties chosen to do this program. She also reported, for the public in attendance, some of the results from our contract with the Bonadio Auditing firm to audit Medicaid. We have them reviewing Medicaid applications and suspected fraud cases. In the first six months, they saved us about $400,000.00. The purpose is not to discourage people that need help in our community, but to let the people know that if you are going to be dishonest, we are going to catch you. Legislator Barnes stated that the Board of elections is in need of Election Inspectors. There is training that is required and performed by the Board of Elections. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported on the status of the Shared Public Works Facility reconstruction. It is moving along very well. It also appears to be running under budget at this point. Weather dependant, the roof and most of the side walls could be completed this week. Welliver is running ahead of schedule. They are working six long days a week and the insurance settlement has been received. He also reported on Project Seneca. He stated that both the Village of Montour Falls and Watkins Glen have received their plans and cost estimates. There is a tight time line for the permitting issues. The project is encouraging. PUBLIC PARTICIPATION: Mr. Alan Hurley asked what the amount of the insurance settlement was and wanted to know if we would be buying a new truck. Administaror O’Hearn explained that with the depreciation, lose of contents, the re-coop and salvage process, the check was for $2,369,590.00. Mr. Hurley also asked what the increase in the tax levy would be. Chairman Fagan told him 1.59%. He also informed Mr. Hurley that it will likely increase a bit, as they have some action to take at the Budget Workshop tomorrow evening at 7:00 p.m. We will have to put some funds back in the budget. Mr. Mark Rondinaro asked if the Project Seneca is being looked at as a regional project. He feels this is an opportunity and could affect the entire community. Chairman Fagan explained the thought process that went into the project. He explained the current capacity and how it could be expanded on as well. It would be a matter of the funding requirement that may or may not make this possible for some of the other communities. Administrator O’Hearn said, as long as the plant is operational, it will be a joint facility. MOTION by Legislator Gifford, SECOND by Legislator Larison to go into executive session to discuss employee work history and contract negotiations. Motion carried six ayes to zero noes. MOTION by Legislator Barnes, SECOND by Legislator Halpin to come out of executive session. Motion carried six ayes to zero noes. The Meeting adjourned at 8:05 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk
SPECIAL MEETING OCTOBER 30, 2013
The October 30, 2013 Special Meeting of the Schuyler County Legislature was called to order at 9:15 a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Halpin and followed by a Moment of Silence. All Legislators were present except Legislator Yuhasz, Legislator Karius and Legislator Field who were excused. Administrator O’Hearn was also present. Attorney Rossi was excused. PUBLIC PARTICIPATION: None. RESOLUTION NO. 314 Motion by Larison, Second by Barnes. RE: RATIFICATION OF SPECIAL MEETING 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. ALTERATIONS OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 Vote 5-0. RESOLUTION NO 315 Motion by Larison., Second by Gifford. RE: ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PROBATION BE IT RESOLVED, that the Tentative Budget for 2014 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$5,913 3140.101 Personnel – Overtime +$5,913 3140.102 Personnel – Part Time Vote 5-0. RESOLUTION NO. 316 Motion by Larison, Second by Gifford. RE: ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – SOCIAL SERVICES BE IT RESOLVED, that the Tentative Budget for 2014 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$33,265 6010.553 Contract w/Sheriff Expense +$6,700 6010.3610 State Aid - Administration Revenue +$13,301 6010.4610 Federal Aid – Administration Revenue Vote 5-0. RESOLUTION NO. 317 Motion by Larison, Second by Gifford. RE: ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – MENTAL HEALTH BE IT RESOLVED, that the Tentative Budget for 2014 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$40,000 4310.100 Personnel Services Vote 5-0. RESOLUTION NO. 318 Motion by Larison, Second by Gifford. RE: ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – PLANNING BE IT RESOLVED, that the Tentative Budget for 2014 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION -$867 8020.401 Contractual Expense – Misc. +$6,867 8020.100 Personnel Services Vote 5-0. RESOLUTION NO. 319 Motion by Larison, Second by Barnes. RE: MOTION TO BRING TWO (2) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) additional Resolutions be brought to the floor. Vote 5-0. RESOLUTION NO. 320 Motion by Larison, Second by Gifford. RE: ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – OFFICE FOR THE AGING BE IT RESOLVED, that the Tentative Budget for 2014 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$10,000 6772.3772 MIPPA Vote 5-0. RESOLUTION NO. 321 Motion by Larison, Second by Gifford. 145 PROCEEDINGS OF THE YEAR 2013
RE: ALTERATION OF 2014 TENTATIVE BUDGET PURSUANT TO COUNTY LAW SECTION 358 – LAMOKA/WANETA LAKES PROTECTION REHABILITATION DISTRICT BE IT RESOLVED, that the Tentative Budget for 2014 be altered and modified by the following: AMOUNT ACCOUNT NO. DESCRIPTION +$70,657 8740.400 Contractual Expense +$70,657 8740.1030 Special Assessments Revenue DISCUSSION: Legislator Halpin stated that she will be voting yes on these budget alterations so we would not have to call another Special Meeting. Normally she would be voting no and request that additional revenues be found to match these increases. Vote 5-0. PUBLIC PARTICIPATION: None. The Meeting adjourned at 9:17 a.m. Stacy B. Husted, Clerk
REGULAR MEETING NOVEMBER 12, 2013
The November 12, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Barnes and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Karius who were excused. Administrator O’Hearn and Attorney Rossi were also present. 6:30 P.M PUBLIC HEARING 2014 TENTATIVE BUDGET: The Public Hearing opened at 6:30 p.m. and there were a number of public in attendance, including County Department Heads. Administrator O’Hearn gave a presentation to the public on the 2014 Tentative Budget. There were a number of residents present to express their support and need for the programs offered by the Office for the Aging (OFA), such as the respite services, transportation services, congregate meal sites, just to name a few. Wanda Centurelli, Town of Reading, she her friend is very dependent on the transportation services provided by OFA. Debra Balt, Town of Reading, explained that she was the caretaker for her mother for seven years and she relied on the respite services that OFA offered. She stated that it was her saving grace. She does not drive, so she also uses the County’s public transportation and she volunteers at the Cornell Cooperative Extension Community Garden. Robert Worth and John Flowers, Town of Hector, and Ed Lewis, Town of Orange, all voiced their support of the OFA as well. Mark Rondinaro, Town of Reading, questioned the Information Technology Revenue account and level of frustration with the lack of Economic Development from the SCOPED office and asked why the funding amount was not reduced to SCOPED. Administrator O’Hearn explained that the Information Technology budget may have been an error. Chairman Fagan explained that Economic Development takes time, and there are a number of items in the works. Van Harp, Town of Hector, asked Administrator O’Hearn to explain the Social Services agreement with the Bonadio Group regarding the fraud investigation and how we calculated the $400,000 cost avoidance. Administrator O’Hearn explained how the Medicaid payments and reimbursements are handled. Paul Marcellus, Town of Dix, asked if the Room Tax Audits would be continued and wondered if we would be looking again at the distribution of the sales tax. Chairman Fagan replied yes, we would continue with the audits next year. He also told Mr. Marcellus that we are not looking to cause any hardships to the business owners. They just want to make sure that everyone pays their fair share. The County’s collections have increased since the onset of these audits. He then provided some figures, but noted that these are based on memory, so they are not exact. When the Bonadio Group started this process, they worked with the five largest room tax generators. Four of them complied and cooperated. One did not. He stated “we are going after them.” Mr. Marcellus feels that there are so many regulations that he hated to see another local one imposed. Jim Howell, Town of Montour, talked about the assessed property values and the water quality issues at Waneta Lake. Chairman Fagan asked Jim Howell to stay through the meeting so he could hear about one of the emergency Resolutions added this evening. He also explained for the public, how the revaluation process was implemented throughout the County. He feels we are completing this process in the most equitable matter. There may not be any significant changes next year. He then explained that all we do is a balancing act. With the bulk of the services we offer, eighty five percent of this is mandated. It is ridiculous that a person living out of the State of New York can move into our State and immediately qualify for benefits through Social Services. This is just one example of how our government is messed up. With no further comments from the public, the public hearing was closed at 8:04 p.m. 8:05 P.M. - PUBLIC HEARING ON LOCAL LAW INTRO NO 6 OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2014: The Clerk was asked to read the Local Law. Mr. Rondinaro asked if this was just a cost of living increase. Administrator O’Hearn stated, yes, a three percent increase. With no further comments from the public, the Public Hearing was closed at 8:08 p.m. PUBLIC PARTICIPATION: None. RESOLUTION NO. 322 Motion by Larison, Second by Gifford. RE: APPROVE MINUTES OF THE OCTOBER 9, 2013 SPECIAL MEETING, OCTOBER 21, 2013 REGULAR MEETING AND THE OCTOBER 30, 2013 SPECIAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the October 9, 2013 Special Meeting, October 21, 2013 Regular Meeting and the October 30, 2013 Special Meeting of the Schuyler County Legislature be approved. Vote 6-0. RESOLUTION NO. 323 Motion by Barnes, Second by Gifford. RE: AUTHORIZE GRANT APPLICATION FOR THE EMERGENCY MANAGEMENT PERFORMANCE GRANT – EMERGENCY MANAGEMENT WHEREAS, the Schuyler County Office of Emergency Management has been invited to apply for assistance under the Emergency Management Performance Grant for Federal Fiscal Year 2013(FY13), and WHEREAS, this grant provides funds for current budgeted expenses for certain personnel and administrative functions associated with our local emergency management program, and WHEREAS, the tentative FY13 allocation for Schuyler County under this planning program is $11,574. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign any and all documents relative to the aforementioned grant funds with the NYS Division of Homeland Security and Emergency Services (DHSES); said documents subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 324 Motion by Barnes, Second by Gifford. RE: AUTHORIZE AGREEMENT WITH YATES COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S OFFICE – AS AMENDED BY RESOLUTION NO. 348-13 WHEREAS, from time to time there arises a need to board out prisoners confined to the Schuyler County Jail, and WHEREAS, Yates County wishes to enter into an agreement with Schuyler County, pursuant to General Municipal Law Section 119-0, for housing of prisoners at a rate of $85.00 per day, and WHEREAS, said agreement will be in effect upon signing and will expire December 31, 2018. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute an agreement with Yates County for the boarding of prisoners, for the terms and conditions above, funding available in the 2014 Tentative budget account no. 3150.456-Boarding of Prisoners; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 325 Motion by Barnes, Second by Gifford. 147 PROCEEDINGS OF THE YEAR 2013
RE: AUTHORIZE CONTRACT WITH LIGHTHOUSE INVESTIGATIONS & SERVICES, LLC – PUBLIC DEFENDER’S OFFICE WHEREAS, the Public Defender’s Office anticipates receiving revenues from Indigent Legal Services (ILS) for the year 2014, and WHEREAS, the Public Defender requires access to investigative services in order to adequately defend his clients, both in family court and criminal court. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Lighthouse Investigations & Services, LLC for the Public Defender’s Office on an as needed basis at the rate of $50 per hour, not to exceed $10,000 annually, with mileage reimbursement at the current county rate, for the term December 1, 2013 through December 31, 2014; to be renewed on a calendar year, funding is available in the 2013 and 2014 Public Defender budget account no. 1170.435.1183; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 326 Motion by Halpin, Second by Barnes. RE: ACCEPT/REJECT PROPOSALS FOR A GIS BASED ONE-CALL/ONE-CLICK TRANSPORTATION RESOURCE CENTER SOFTWARE WHERAS, Resolution No. 219-13 authorized advertisement for Request for Proposals (RFP) for a GIS- Based One-Call/One-Click Transportation Resource Center Software, and WHEREAS, The Arc of Schuyler County, as the Transit Operator for the County, opened the RFP’s on October 23, 2013, and WHEREAS, it is the recommendation by The Arc of Schuyler County to accept the proposal Route Match Software. at cost of $68,763.00, and WHEREAS, funding for said software shall be paid for from the Veterans Transportation Community Living Initiative Grant, account no. 001.6510.3710.6511. NOW, THEREFORE, BE IT RESOLVED, that upon recommendation of The Arc of Schuyler County, that the Schuyler County Legislature hereby accepts proposal from Route Match Software in an amount of $68,763 for a GIS-Based One-Call/One-Click Transportation Resource Center Software, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and all documents necessary to carry out the above-referenced proposal acceptance, funding available in grant funds; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 327 Motion by Halpin, Second by Barnes. RE: AUTHORIZE APPROVAL OF THE 2014-2015 ANNUAL IMPLEMENTATION PLAN- OFFICE FOR THE AGING WHEREAS, the Schuyler County Legislature has established an Office for the Aging in Schuyler County, and WHEREAS, the Office for the Aging is required to submit an Annual Implementation Plan with a four year plan every four years, which includes plans for programs operated by the Office for the Aging, as follows: Title IIIB of the Older American’s Act Titles IIIC1 and IIIC2 of the Older American’s Act Title IIID of the Older American’s Act Title IIIE of the Older American’s Act Expanded In-Home Services for the Elderly Program (EISEP) Community Services for the Elderly Program (CSE) Congregate Services Initiative Program (CSI) Wellness in Nutrition program (WIN formerly known as SNAP) Health Insurance Information, Counseling and Assistance Program (HIICAP) Transportation New York Connects, and WHEREAS, the Plan requires approval by the Schuyler County Legislature before submitting the Plan no later than December 2, 2013, and WHEREAS, the Public Hearing on the Annual Implementation Plan was held, as required, on October 29, 2013 at 10:30am at the Monterey Fire Department and Thursday, Oct. 31, 2013 at 10:30am at the First Presbyterian Church in Hector, and WHEREAS, no Federal and or New York State funding will be available until the Plan has been approved by the Schuyler County Legislature and submitted to the NYS Office for the Aging and approved. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Schuyler County Legislature be hereby authorized to sign the Plan/funding application necessary to carry out the services provided by the Schuyler County Office for the Aging for the 2014-2015 plan year, said Plan/funding application subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 328 Motion by Halpin, Second by Barnes. RE: AUTHORIZE AGREEMENT WITH AIMEE CHURCHILL, ESQ. FOR THE PROVISION OF LEGAL SERVICES TO THE OFFICE FOR THE AGING CLIENTS – OFFICE FOR THE AGING – AS AMENDED BY RESOLUTION NO. 328-14 WHEREAS, the Office for the Aging is charged with the responsibility of administering the Older Americans Act, as amended, and WHEREAS, legal services to the age 60 and over population have been mandated as a priority service in the Older American’s Act Amendments of 1978, and WHEREAS, the contractor is a provider of legal services, capable of providing legal advice, representation and appropriate referral to older residents of Schuyler County, and WHEREAS, the Office for the Aging has received Federal funds pursuant to the Older American’s Act, Title IIIB, to carry out such objectives and has the authority and necessary funds under such grant to enter into an agreement, and WHEREAS, the Contractor covenants that she is willing and able to perform the services required by this office. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Aimee Churchill to render legal assistance to Office for the Aging clients at the rate of $125.00 per hour, not to exceed $10,000 per year for the term of January 1, 2014 through December 31, 2015, said contract subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 329 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT RENEWAL WITH PITNEY BOWES, INC. FOR THE RENTAL OF A NEW POSTAGE METER – HEALTH SERVICES WHEREAS, Schuyler County Health Services is currently renting a postage meter from Pitney Bowes, Inc., and WHEREAS Pitney Bowes, Inc. has issued an updated 5 year lease and new meter, and WHEREAS, Schuyler County Health Services needs to continue its use of a postage meter. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a 5 year lease agreement with Pitney Bowes, Inc. for the rental of a postage meter, at an amount not to exceed $55 per month, commencing upon installation of the new meter, for a term of 60 months, effective April 1, 2014 through March 31, 2019, funding available in accounts 4010.433 and 4310.433, subject to the approval of the County Attorney. Vote 6-0. RESOLUTION NO. 330 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AMENDING 2013 BUDGET – SOCIAL SERVICES WHEREAS, funds are needed to be reallocated within the Social Services budget to pay expenses, and, WHEREAS, the Social Service budget for Family Assistance has a surplus for 2013. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2013 budget as follows: ACCOUNT NO. AMOUNT -DESCRIPTION 149 PROCEEDINGS OF THE YEAR 2013
+ $10,000 6010.208 Computers + $ 9,500 6010.332 HEAP Contract + $32,296 6010.553 Sheriff's contract + $30,000 6070.572 Purchase of Services + $34,518 6100.400 MMIS - $116,314 6109.400 Family Assistance + $32,000 6010.4610 Federal Aid - Administration + $18,000 6070.4670 Federal Aid - Purchase of Services - $50,000 6109.4609 Federal Aid - Family Assistance Vote 6-0. RESOLUTION NO. 331 Motion by Halpin, Second by Gifford. RE: AUTHORIZATION TO CREATE AND FILL A SENIOR CASEWORKER POSITION – SOCIAL SERVICES WHEREAS, the Commissioner of Social Services has determined that the vacant full-time Case Manager position is not needed at this time, and WHEREAS, an additional full-time Senior Caseworker position in the department is required to adequately meet the needs of the increasing caseloads in Children’s Services, and WHEREAS, the Commissioner of Social Services is requesting to create this position in lieu of filling the vacant Case Manager position, upon the approval of the County Administrator, and WHEREAS, funding for this position is included in the 2013 budget. NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Social Services is hereby authorized to create and fill one full-time Senior Caseworker position at an hourly rate of $20.40, as set forth in the CSEA Administrative Unit Contract, effective immediately. Vote 6-0. RESOLUTION NO. 332 Motion by Larison, Second by Field. RE: AUTHORIZE ONE YEAR CONTRACT WITH ALL-MODE COMMUNICATIONS, INC. FOR TELEPHONE SYSTEM MAINTENANCE AND SERVICE – BUILDING AND GROUNDS WHEREAS, it is important to protect the telephone system investment with appropriate service and maintenance, and All-Mode Communications, Inc. provides technical support, two-hour response for major systems malfunctions and quarterly preventive maintenance for Schuyler Counties telephone systems, and All- Mode Communications, Inc. has provided this service in the past, and WHEREAS, All-Mode Communications, Inc. is no longer able to provide PASS (Software Support),and WHEREAS, the Building Maintenance Supervisor in conjunction with the Director of Information Technology will research the best option for obtaining this service, and WHEREAS, All-Mode Communications, Inc. has proposed to provide the Premium Economy Basic Service and Support Plan without PASS for all Schuyler County telephone systems at a cost of $10,920 for one year. 2013 2014 Contract with PASS: $22,500 Contract without PASS: $10,920 NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with All-Mode Communications, Inc. to provide basic service and support for County telephone systems for the period of January 1, 2014 through December 31, 2014, at a total cost of $10,920, funding available in account no. 1610.400, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 333 Motion by Larison, Second by Field. RE: AUTHORIZE A ONE-YEAR CONTRACT WITH DAY AUTOMATION SYSTEMS, INC. FOR MAINTENANCE AND SUPPORT OF SECURITY ALARM SYSTEM – BUILDINGS & GROUNDS WHEREAS, the County Wide Access Control/Video Surveillance Multiple Site System is currently being used in County Buildings, and WHEREAS, this system requires the services of a trained software engineer, licensed to own and use head end supervision and programming software and WHEREAS, due to an inaccuracy by Day Automation Systems, Inc., for the last 4 years Schuyler County has received maintenance and support for all county buildings, but only charged for the Human Services Complex, which created a notable substantial increase for this contract, and WHEREAS, Day Automation Systems, Inc. had agreed to provide a one year contract from January 1, 2014 to December 31, 2014 for these services at a cost of $19,321, and WHEREAS, in 2014, the security equipment in the Shared Services Building will be under warranty and thusly not included in the contract, and WHEREAS, the new equipment that will be installed for the Shared Services Building will allow for consolidation of equipment for several County Buildings, and WHEREAS, it is the recommendation of the Building Maintenance Supervisor and the Director of Information Technology to remove service of the analog cameras from the contract, and to replace the analog cameras and related equipment with digital cameras and related equipment, with funding available from Buildings and Grounds account no. 1620.400, as the need arises. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby accepts the recommendation of the Building Maintenance Supervisor and the Director of Information Technology to change the Security Service Contract, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into a contract with Day Automation Systems, Inc. 7931 Rae Boulevard, Victor, NY 14564 for the term of January 1, 2014 to December 31, 2014 at a cost of $8,158, with funding available in Buildings and Grounds account no. 1620.400; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 334 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRACT WITH UNIFIRST FOR UNIFORM RENTAL/CLEANING SERVICE – HIGHWAY DEPARTMENT WHEREAS, the Highway Department has a need for rental/cleaning services for coveralls and shop towels, and WHEREAS, the current supplier Unifirst’s contract expires November 30, 2013, and WHEREAS, three (3) quotes had been received for said service, and WHEREAS, Unifirst is able to provide this service at a cost not to exceed $3,000.00 annually, and WHEREAS, funds are available in Account No. 3.5130.441. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a 3-year contract from December 1, 2013 through November 30, 2016 with Unifirst for uniform rental/cleaning services, at a cost not to exceed $3,000.00 subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 335 Motion by Halpin, Second by Larison. RE: SET THE TIME AND PLACE OF THE PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT BE IT RESOLVED, that the Public Hearing on the Assessment Roll for the year 2013, for the budget year of 2014, for the Lamoka/Waneta Lakes Protection and Rehabilitation District shall be held on the 9th day of December, 2013 at 6:45 P.M. in the Legislative Chambers, 105 9th Street, Watkins Glen, NY and the Clerk of the Legislature is hereby authorized and directed to publish the Notice of Public Hearing as required by Section 270 of the County Law in the official newspaper of the County, and the Clerk is further directed to forward a certified copy of this resolution to the Attorney for the Lamoka/Waneta Lakes Protection and Rehabilitation District, A. Thomas Galloway II, Esq., Orrick, Herrington & Sutcliffe, LLP, Fifth Avenue, New York, NY 10103: Brenda Mori, Clerk, Steuben County Legislature; the Director of Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer. Vote 6-0. RESOLUTION NO. 336 Motion by Halpin, Second by Larison. RE: APPOINTMENT - SCHUYLER HEAD START BOARD OF DIRECTORS 151 PROCEEDINGS OF THE YEAR 2013
WHEREAS, Legislator Barbara J. Halpin is not able to fulfill her term on the above mentioned board, and WHEREAS, Legislator Thomas M. Gifford has volunteered to fill the unexpired term, and NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby appoints Thomas M. Gifford to fill the unexpired term on the Schuyler Head Start Board of Directors through December 31, 2013, and BE IT FURTHER RESOLVED, that Thomas M. Gifford also be appointed for an additional term through December 31, 2014. Vote 6-0. RESOLUTION NO. 337 Motion by Halpin, Second by Larison. RE: AUTHORIZE INCREASE IN HOURS FOR THE VACANT PUBLIC HEALTH SPECIALIST POSITION FROM 20 HOURS A WEEK TO 35 HOURS A WEEK - PUBLIC HEALTH WHEREAS, Public Health has been unsuccessful in filling their vacant full-time Public Health Nurse (PHN) position, due to the lack of qualified candidates, and WHEREAS, Public Health is not able to provide all of its requirements due to lack of staffing, and WHEREAS, the Public Health Director is requesting the present less than full-time Public Health Specialist position be changed to full-time and fill the position as soon as possible , leaving the PHN position vacant, and WHEREAS, funding for said position is available in the 2013 budget account no. 4010.100 – Personnel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the increase of hours from 20 hours a week to 35 hours a week for the Public Health Specialist Position, effective immediately, and BE IT FURTHER RESOLVED, that the Public Health Director is hereby authorized to fill the Public Health Specialist position at an hourly rate of $22.02, as set forth in the Administrative Contract. Vote 6-0. RESOLUTION NO. 338 Motion by Gifford, Second by Larison. RE: RECOGNIZE THE WEEK OF DECEMBER 2 – 6, 2013 AS EMPLOYEE LEARNING WEEK 2013 WHEREAS, organizations throughout Schuyler County are committed to creating a highly skilled workforce that is critical to growing and sustaining a competitive advantage, and WHEREAS, having a knowledgeable, skilled workforce improves the performance of organizations, and WHEREAS, learning develops individual and organizational knowledge and expertise, and WHEREAS, the ASTD (American Society for Training & Development), the world’s largest association dedicated to workplace learning and development professionals, has declared December 2-6, 2013 as “Employee Learning Week” and designated this time for organizations to recognize the value of employee learning, and WHEREAS, the Central New York Chapter of ASTD, and organizations throughout Schuyler County, have demonstrated their commitment to developing the skills of employees and the workforce. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, does hereby recognize December 2-6, 2013, as Employee Learning Week. Vote 6-0. RESOLUTION NO. 339 Motion by Gifford, Second by Larison. RE: LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. OF THE YEAR 2013 SETTING SALARIES FOR CERTAIN PUBLIC OFFICERS FOR THE YEAR 2014 WHEREAS, Local Law Intro. No. 6/Local Law No. of the Year 2013 was heretofore introduced and appropriate notice established in the official newspaper regarding a public hearing held November 12, 2013 following the public hearing on the 2014 Tentative Budget, 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 Local Law Intro. No. 6/Local Law No. of the Year 2013, 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. 6/Local Law No. of the Year 2013, together with the required text thereof in the official county newspaper. LOCAL LAW INTRO. NO. 6/LOCAL LAW NO. OF THE YEAR 2013 A Local Law Setting Salaries for Certain Public Officers for the Year 2014. Be it enacted by the Legislature of the County of Schuyler as follows: 1. Effective within 45 days hereof, the following adjustments of salaries for the public officers listed below shall be in the amounts herein stated effective January 1, 2014. 4. The following public officers are subject to the provisions hereof: Commissioner of Social Services $77,250 Personnel Officer $65,920 Real Property Tax Director $81,129 County Administrator $111,448 County Attorney $100,940 Public Defender $84,048 Clerk of the Legislature $49,890 Commissioners of Elections $12,603 Dep. Comm. of Elections $34,750 Dep. Comm. of Elections $31,827 5. 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 6-0. RESOLUTION NO. 340 Motion by Larison, Second by Halpin. RE: MOTION TO BRING TWO (2) RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that two (2) Resolutions be brought to the floor. Vote 6-0. RESOLUTION NO. 341 Motion by Gifford, Second by Larison. RE: AUTHORIZE TRANSFER OF FUNDS FROM CONTINENGENCY FOR THE REMAINDER OF PAYMENT TO ADJUSTERS INTERNATIONAL WHEREAS, Adjusters International is providing the County with third party representation in dealing with insurance recoveries due to the March 23, 2013 Shared Public Works Facility fire, and WHEREAS, the County has received advanced funds to cover current expenses from said fire, and WHEREAS, there aren’t sufficient funds remaining in the recovery funds to pay the Adjusters International invoice in full. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to transfer $34,870.77 from the Contingency account no. 1990.500 to the Insurance account no. 1910.0418. Vote 6-0. RESOLUTION NO. 342 Motion by Gifford, Second by Larison. RE: RESOLUTION CLASSIFYING THE PROPOSED CONSTRUCTION OF AN AERATION SYSTEM AT THE NORTH END OF WANETA LAKE AS AN UNLISTED ACTION AND NOMINATING THE SCHUYLER COUNTY LEGISLATURE AS THE ENVIRONMENTAL QUALITY REVIEW LEAD AGENCY PURSUANT TO 6NYCRR PART 617 WHEREAS, the Lamoka-Waneta Lakes District Commission (District) wishes to aerate approximately 250 acres at the north end of Waneta Lake to improve water quality conditions, and WHERAS, the Schuyler County Legislature has concluded that the proposed aeration system for Waneta Lake constitutes an Unlisted Action under the provisions of 6NYCRR, Part 617. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature concludes that the proposed aeration system at the north end of Waneta Lake is an Unlisted Action subject to review requirements specified in 6NYCRR, Part 617; and BE IT FURTHER RESOLVED, that the Schuyler County Legislature hereby determines to complete a coordinated review of this action pursuant to 6NYCRR, Part 617.6 (b) (3) and will notify the following involved agency, namely the Steuben County Legislature, and the following interested agencies namely the Schuyler County Environmental Management Council, the Schuyler County Soil and Water Conservation District, the Schuyler County Planning Director, the Steuben County Soil and Water Conservation District, the Steuben County Planning Department, the Supervisors of the Towns of Tyrone and Wayne, the President of the Lamoka - Waneta Lakes Association, the Region 8 Office of the New York State Department of Environmental 153 PROCEEDINGS OF THE YEAR 2013
Conservation and the Buffalo Office of the U.S. Army Corps. of Engineers of its intention to be the designated Lead Agency for the purpose of conducting a review of the proposed construction of an aeration system at the north end of Waneta Lake in accordance with 6NYCRR, Part 617; and BE IT FURTHER RESOLVED, that the Chairman of the Schuyler County Legislature shall serve as the responsible officer of the Schuyler County Legislature in connection with the review of the proposed aeration system at the north end of Waneta Lake; and BE IT FURTHER RESOLVED, that the Clerk of the Schuyler County Legislature shall and hereby is directed to retain a certified copy of this Resolution and the supporting documentation in the office file. DISCUSSION: Chairman Fagan explained the condition of Waneta Lake. In 2007 it had zebra mussels, and with the treatments of both Waneta and Lamoka Lakes, the water quality has improved. The invasive and native plants are problems. The native plants are as much of a problem. He explained the water system and how it breaks down and forms blue algae. He also explained the Special Purpose District and their purpose of maintaining the water quality. In Waneta Lake, controlling the growth is the biggest problem. Property owners within this special District pay $60.00 - $120.00 per year in taxes to help fund the treatments. There has been some research done in Michigan on the Aeration systems and he is waiting on a quote for this service. He has also met with New York State Department of Environmental Conservation (NYSDEC) and other interested parties in Avon last week to discuss this problem and treatment. The Special Purpose Lakes District is known as one of the most aggressive and hard working, working hand in hand with the Lakes Association. Vote 6-0. NEW BUSINESS: Legislator Field wanted to commend the employees for a job well done and in doing wished to make a motion to adopt the 2014 Budget this evening. RESOLUTION NO. 343 Motion by Field, Second by Barnes. RE: MOTION TO BRING THREE (3) ADDITIONAL RESOLUTIONS TO THE FLOOR BE IT RESOLVED, that three (3) additional Resolutions be brought to the floor. Vote 6-0. RESOLUTION NO. 344 Motion by Larison, Gifford. RE: ADOPTION OF SCHUYLER COUNTY BUDGET FOR 2014 WHEREAS, a notice was published in the official newspaper of the County of Schuyler that a Public Hearing on the Tentative Budget of the County of Schuyler for 2014 would be held at 6:30 P.M. on November 12, 2013, in the Human Services Complex, Room 120, 323 Owego Street, Montour Falls, NY , and WHEREAS, the above-mentioned Public Hearing was held on November 12, 2013 at said time and place. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Budget for 2014 as presented by the Budget Officer and the Management & Finance Committee of the Legislature, and as revised by the Schuyler County Legislature, to raise $10,887,348.00 by tax levy, be adopted. DISCUSSION: Chairman Fagan stated that he had previously stated that he would hold off on the adoption of the budget until the December Regular Meeting, however after the Public Hearing tonight he sees no reason why it should not be adopted this evening. Legislature Halpin stated that she is aware that this year’s budget is a very tight budget, but still will be voting no on it. She is aware that the Departments Heads worked very hard on controlling the costs. However, the fact remains that this budget will be raising the taxes on the Town of Montour and Catharine and these are the towns she will be representing. We cannot keep raising the taxes in this County. We need to continue to look at ways to deliver the services more efficiently. She feels there is room for more consolidation of services with the Towns. She would also like to see further discussion on the Sales Tax distribution to the Towns and Villages. She feels what we have done is fair. We need to start looking as soon as the budget is adopted at what we are going to do for the following year. She also commended the lady in the audience for taking care of her mother. She understands the responsibility that goes along with this. She also feels the Legislature needs to start pushing back at the State level. We need to give our Department Heads the okay to start doing things differently to save the tax payers money. We need to start this year and do this all year long. She realizes we have tried hard, but we need to try harder and do things a better way. Vote 5-1. No: Halpin. RESOLUTION No. 345 Motion by Larison, Second by Gifford. RE: APPROPRIATE THE SEVERAL AMOUNTS SPECIFIED IN BUDGET IN COLUMN ENTITLED "2014” WHEREAS, the Schuyler County Legislature by Resolution No. 344, dated November 12, 2013, has adopted a budget for fiscal year 2014. NOW, THEREFORE, BE IT RESOLVED, that the several amounts specified in such budget in the column entitled "2014" as amended, be, and the same hereby are, appropriated for the objects and purposes specified, effective January 1, 2014. Vote 5-1. No: Halpin. RESOLUTION NO. 346 Motion by Larison, Second by Gifford. RE: 2014 BUDGET OF $42,779,018.00: LEGISLATURE TO DETERMINE TOWN CONTRIBUTION TO COUNTY TAXES AND ISSUE CERTIFICATE TO EACH TOWN BE IT RESOLVED, pursuant to the Real Property Tax Law Section 900, as amended by Chapter 828 of the Laws of 1985, that this Legislature by December 31, 2013, levy the taxes for the County upon the basis of the full valuation of the taxable real property in accordance with Title 2, Article 8, the contribution of each Town to County taxes, and BE IT FURTHER RESOLVED, that the Chairman issue no later than December 31, 2013 the required certificate to the tax collecting officer of each Town stating the total of taxes due from each Town to Schuyler County. Vote 5-1. No: Halpin. UNFINISHED BUSINESS: TABLED RESOLUTION NO. 301 Titled “APPOINTMENT – HIGHWAY SUPERINTENDENT - 2014-2017” MOTION by Legislator Gifford, SECOND by Legislator Larison to remove the Resolution from the table for it to be withdrawn. Motion carried six ayes to zero noes. Chairman Fagan explained that this Resolution is being withdrawn on the recommendation of Attorney Rossi. This will be acted on at the Organizational Meeting as it has always been done in the past. REPORT ON STANDING COMMITTEES: Legislator Barnes reported that he has heard that the Governor has targeted the New York State Fire Academy for his next closure for cost reductions. The Governor’s plan is to close this facility and put money elsewhere in other facilities. Chairman Fagan said that after the Veterans Service on Monday, he collared the Senator and talked with him about this. He said that the Senator is aware of the “memo”. He asked the Senator if we should go public with this. The Senator recommends waiting to see what happens with the Monterey Shock Facility. If we do not get a fair shake on that, then yes, he would suggest drawing attention to the Fire Academy. He then asked all in attendance to sign a petition in support of the Camp Monterey Facility if they have not done so already. He explained with the closure of the Monterey facility, and both the Elmira and the Binghamton Psychiatric Centers, we cannot afford to suffer these economical blows. Make your voices known. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported on the Resolution transferring from contingency for Adjusters International. He explained that the Capital Project Account has a limitation to only expend funds for the reconstruction project. These funds from the Contingency Account will be replenished once insurance reimbursement has been received. He reported that Welliver feels confident that the garage area will be complete by December 15th and the office areas by March 15, 2014. There is a possibility that the entire building could be completed by the end of this year. PUBLIC PARTICIPATION: Mr. Marcellus said if Judges could sentence criminals to be placed in a shock treatment, it may not be too late for the Monterey Shock Facility. He explained his past twenty-five years in the correction system and how he saw the change and a shift in enrollment. Chairman Fagan said he understands why the Governor wants to do this. He just does not like how it is being done. He invited Mr. Marcellus to the weekly meetings being held at Monterey Jacks on Thursday evenings. He thought that Mr. Marcellus’s experience may be helpful in 155 PROCEEDINGS OF THE YEAR 2013 strategizing. He also wanted to commend all of the employees who worked for the County. The Legislature keeps giving them less and expecting them to do more. He stated that they are really exceptional. More than a couple times he has been coming to and from the Legislative Office and has been stopped by people that are leaving our Department of Motor Vehicles (DMV) and is told about the wonderful experience they have had there. He asked that everyone support our local DMV rather than mail your forms or registrations into the State, as we receive a larger portion of the fee that way. He again thanked the staff for their service and stated that he is proud to me just a small part of that. The Meeting adjourned at 8:47 p.m. Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk
REGULAR MEETING DECEMBER 9, 2013
The December 9, 2013 Regular Meeting of the Schuyler County Legislature was called to order at 6:30 p.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Gifford and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Karius who were excused. Administrator O’Hearn and Assistant County Attorney Getman were also present. 6:45 PM. PUBLIC HEARING ON THE COMPLETION AND FILING OF THE LAMOKA/WANETA LAKES PROTECTION AND REHABILITATION DISTRICT: Chairman Fagan explained that this is done each year and this upcoming year the Lakes’ District is proposing a spot treatment to a number of areas on Lamoka Lake and the channel between Lamoka and Waneta Lakes. The largest problem is with the development of milfoil. Waneta Lake has been well in check and this is because of the tremendous amount of growth with the native plants. He continued with an explanation of the process of scum forming, along with the development of the blue green algae. He informed the public in attendance that the forms have been filed and meetings have been held regarding an Aeration System at the north end of Waneta Lake with the County asking to be the Lead Agency. With the spot treatment and the Aeration System, these two projects will exhaust all funds in the Lake District Accounts. He then stated that the residents in the Lakes District, with the amount of taxes they have paid, will be pretty upset if we are not able to improve the water quality. Mr. Jim Howell stated that with his involvement in Watershed over the years, and dealing with the residents in the Lakes District, most of the complaints have been assessment values and lack of services they receive. The general consensus is that a high 90% range of residents are happy and would be in support of having more done. It has been very well received and hats off for the forming of the Lakes’ District. Chairman Fagan also explained that funds from the Lakes’ District help fund and contribute to the our Watershed Department along with the Town of Wayne Septic Maintenance program, and as a plant survey that is performed each year. 6:50 p.m. PUBLIC HEARING ON THE PROPOSED COMMUNITY DEVELOPEMNT BLOCK GRANT APPLICATION: Chairman Fagan stated that Darrel Sturges, County Watershed Inspector, and Virginia Bates from Arbor Development were present to answer any questions. He then explained the program and how it helps the lower income residents get replacement septic and well systems. It is an income dependent program and there is a qualification process. This will be the third year that we have applied for the grant funds. Darrel Sturges explained that the program has been in place since 2011 and it has been very well received by the public. We have a good partnership with Arbor Development and have spent the total funding amounts each year. Virginia Bates explained that the first year we received $170,000 and that completed systems in 17 households. The second year, the funding was in the amount of $144,000 and that completed systems in 15 households. She stated that she felt comfortable bumping the requested amount back up to $170,000 for the next round of funding. There is a good flow of applications so far. She would rather not shoot too high and not be able to spend down the funds. Mr. Mark Rondinaro asked if this is a Federal grant and wanted to know if there was a local share. Chairman Fagan replied no to both questions. RESOLUTION NO. 347 Motion by Gifford, Second by Field. RE: APPROVE MINUTES OF THE NOVEMBER 12, 2013 REGULAR MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the minutes of the November12, 2013 Regular Meeting of the Schuyler County Legislature be approved. Vote 6-0. RESOLUTION NO. 348 Motion by Larison, Second by Field. RE: AUTHORIZE AMENDING RESOLUTION NO. 324-13 TITLED “AUTHORIZE 2014 AGREEMENT WITH YATES COUNTY FOR BOARDING OF PRISONERS – SHERIFF’S OFFICE” WHEREAS, Resolution No. 324-13 only authorized a one-year agreement with Yates County, and WHEREAS, Yates County wishes to enter into an agreement with Schuyler County for five years. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 324-13 be amended to remove 2014 from the title and have the term of the agreement in the last Whereas clause read as follows: “WHEREAS, said agreement will be in effect upon signing and will expire December 31, 2018.” Vote 6-0. RESOLUTION NO. 349 Motion by Larison, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS 2013 BUDGET FOR PURCHASE OF EQUIPMENT – SHERIFF’S OFFICE WHEREAS, the Schuyler County Sheriff’s Office receives funds from drug case forfeitures, that must be used for specific purposes, such as purchasing equipment to enhance the law enforcement mission, and WHEREAS, the Schuyler County Sheriff’s Office finds the need to utilize these funds to purchase additional Taser’s, Duty holsters, and a new walk through metal detector for the Schuyler County Jail to enhance the ability to deliver quality services to the residents of the county, and WHEREAS, said funds are available in the Seized Assets Reserve Account. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to make the following transfers in the Sheriff’s Office 2013 budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$7,193.24 3110.0432 Police Supplies +$3,324.94 3150.0200 Equipment -$10,518.18 A885 Seized Assets Reserve Account Vote 6-0. RESOLUTION NO. 350 Motion by Larison, Second by Field. RE: AUTHORIZE CONTRIBUTING FUNDS TOWARDS A CONTRACT BETWEEN HARRIS BEACH, PLLC AND THE SCHUYLER COUNTY INDUSTRIAL DEVELOPMENT AGENCY FOR LEGAL SERVICES RELATIVE TO LEGAL SERVICES PERFORMED ON A LEASE AT THE SENECA HARBOR PARK AREA/AUTHORIZE AMENDING THE 2013 BUDGET – BUILDINGS AND GROUNDS WHEREAS, the Schuyler County Industrial Development Agency (SCIDA) hired Harris Beach, PLLC, to perform legal services relative to negotiations on extending the lease at the Seneca Harbor Park area, and WHEREAS, the Legislature wishes to contribute towards the total fee of $4,689.95 for the contract. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the contribution of $2,344.98 (50%) towards the contract between SCIDA and Harris Beach, PLLC, for legal services to be funded from account no. 7110.490-Seneca Harbor Park. BE IT FURTHER RESOLVED, that the Schuyler County Treasurer is hereby authorized to amend the 2013 Seneca Harbor Park Budget as follows: AMOUNT ACCOUNT NO. DESCRIPTION +$950.00 7110.490 Subcontracts +$950.00 7110.2410 Rental of Buildings-Individual Revenue Vote 6-0. RESOLUTION NO. 351 Motion by Halpin, Second by Barnes. 157 PROCEEDINGS OF THE YEAR 2013
RE: AUTHORIZE CONTRACT RENEWAL WITH CATHOLIC CHARITIES TO PROVIDE RSVP SERVICES TO SCHUYLER COUNTY FOR THE YEAR 2014 WHEREAS, Catholic Charities provided RSVP volunteer drivers for medical transportation needs and other volunteer services for the period of April 1, 2013 through December 31, 2013, and WHEREAS, they are now able to provide the service for a full calendar year in 2014. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into a contract renewal with Catholic Charities to provide RSVP volunteer services, in the amount of $10,000, to include, but not limited to, volunteer drivers for medical transportation needs and other volunteer services to be used by various county departments, with the additional cost of mileage reimbursement for transportation, as set forth by the IRS, and funded by the various departments for a term of January 1, 2014 through December 31, 2014; subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 352 Motion by Halpin, Second by Barnes. RE: AUTHORIZE AGREEMENT WITH SCHUYLER HOSPITAL, INC. FOR SERVICES OF A REGISTERED DIETITIAN FOR THE NUTRITION PROGRAM - OFFICE FOR THE AGING – RESCINDED BY RESOLUTION NO. 52-14 WHEREAS, the nutrition program funded under the Older Americans Act and state funds from the New York State Office for the Aging (NYSOFA) requires the services of a registered dietitian, and WHEREAS, regulations under NYSOFA require a minimum of 8 hours per week of said services for both the federal and state funded programs, and WHEREAS, Schuyler Hospital, Inc. can provide for said services, and WHEREAS, the 2014 budget includes funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Schuyler Hospital, Inc. for the services of a Registered Dietitian at $40.00 per hour for the term of January 1, 2014 through December 31, 2014, said contract subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 353 Motion by Halpin, Second by Barnes. RE: AUTHORIZE AGREEMENT WITH SERVING THE ELDERLY THROUGH PROJECT PLANNING (SEPP) – OFFICE FOR THE AGING WHEREAS, the SEPP Management Group is submitting a grant request for funding to renovate the current Watkins Glen Middle School into a senior apartment complex, and WHEREAS, SEPP is required to engage partners who will assist in serving the needs of the senior/elderly tenants, and WHEREAS, this agreement is for services already offered to all seniors age 60 and older in Schuyler County, and WHEREAS, the Office for the Aging has the current manpower to deliver needed services in this new complex, and WHEREAS, there is no additional cost to the County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the SEPP, Inc. agency to provide the necessary services at no additional cost for the term effective upon signing until completion, said contract subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 354 Motion by Halpin, Second by Field. RE: AGREEMENT WITH CATHOLIC CHARITIES OF CHEMUNG AND SCHUYLER COUNTIES FOR THE PROVISION OF A MATTER OF BALANCE AND STRONG FOR LIFE CLASSES- OFFICE FOR THE AGING WHEREAS, evidence-based health and wellness programs are promoted with funding under the Older Americans Act and state funds from the New York State Office for the Aging (NYSOFA), and WHEREAS, the Standard Assurances under the Systems Integration grant also tasks the local Area Agency on Aging with providing Chronic Disease Self-Management and other (health related) evidence-based programs, and WHEREAS, Office for the Aging has worked with RSVP to recruit volunteers to provide evidence- based programs, and WHEREAS, RSVP volunteers have been trained in both A Matter of Balance and Strong for Life programs, and WHEREAS, RSVP is under the supervision of Catholic Charities of Chemung and Schuyler Counties, and WHEREAS, the responsibility for health and wellness programs has previously been assigned to the Insurance Counseling Coordinator, and WHEREAS, Office for the Aging has an ever evolving demand for services specific to Information, Assistance & Referral, and WHEREAS, the newly hired Insurance Counseling Coordinator will be handling health insurance counseling as well as I/A & R under NY Connects, and WHEREAS, Catholic Charities of Chemung and Schuyler Counties, along with their RSVP Director, has agreed they can manage the evidence-based programs specified, and WHEREAS, the 2014 budget includes funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with Catholic Charities of Chemung and Schuyler Counties to provide A Matter of Balance and Strong for Life programs at a rate not to exceed $2,000.00 for the term of January 1, 2014 through December 31, 2014, said contract subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 355 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH SENIORS HELPING SENIORS FOR ANCILLARY SERVICES UNDER EISEP AND IN-HOME CONTACT AND SUPPORT (RESPITE) SERVICES UNDER TITLE IIIE CAREGIVER PROGRAMS – OFFICE FOR THE AGING WHEREAS, the Expanded In-Home Services for the Elderly Program (EISEP) and the IIIE Caregiver programs include aide service for ancillary services and in-home contact and support (respite) services , and WHEREAS, the Seniors Helping Seniors agency can provide aides for said services, and WHEREAS, the current agreements with other agencies do not provide sufficient coverage to meet all needs for in-home services, and WHEREAS, the 2014 EISEP and 2014 IIIE budgets include funds for such services in line item 6772.0490. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all contracts and agreements with the Seniors Helping Seniors agency to provide the necessary aide service at a rate not to exceed the current budget at $20.00 per hour for the term of January 1, 2014 through December 31, 2014, said contract subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 356 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH HUTHER DOYLE MEMORIAL INSTITUTE, INC. – COMMUNITY SERVICES WHEREAS, participation in Health Homes is mandated by the Office of Mental Health (OMH) for Medicaid enrollees receiving medical and behavioral health services, and WHEREAS, Huther Doyle is the Health Home for the western region of New York, which includes Schuyler County, and WHEREAS, Huther Doyle will work with Schuyler County to coordinate referrals, outreach and engagement for Health Home enrollees, and WHEREAS, the purpose of the Data Exchange Application and Agreement (DEAA) is to monitor the quality and appropriateness of services to Health Home enrollees and Medicaid clients, and 159 PROCEEDINGS OF THE YEAR 2013
WHEREAS, the DEAA will allow identification of high cost, high risk, under and sub-optimally served recipients and other recipient cohorts of clinical interest and their service use to Behavioral Health Organizations, Local Government Units (LGUs) Single Point of Access (SPOA) programs and providers. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Huther Doyle Memorial Institute, Inc. for the Community Services Department for a three (3) year term from the date of approval of the DEAA Application, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 357 Motion by Halpin, Second by Gifford. RE: AUTHORIZE CONTRACT WITH IVANS, INC. FOR BILLING SERVICES – COMMUNITY SERVICES WHEREAS, the Mental Health Clinic wishes to use my ABILITY with IVANS NOW modem access at a set monthly rate for Medicare billing, and WHEREAS, IVANS, Inc.’s system allows unlimited access to Medicare billing at the rate of $87.00 per month for the first 3,500 transactions, and WHEREAS, additional transactions will be billed at $0.40 per transaction, and WHEREAS, there is a one-time set up charge not to exceed $450. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign a contract with IVANS for the Community Services Department for access to IVANS billing system for Medicare clients, effective November 22, 2013 to be renewed annually on a calendar year, funding available in the 2013 and 2014 budgets account 4310.532, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 358 Motion by Halpin, Second by Gifford. RE: AUTHORIZE INCREASING THE HOURS OF THE WATERSHED ASSISTANT POSITION FROM 28 HOURS A WEEK TO 35 HOURS A WEEK - PUBLIC HEALTH WHEREAS, the present Watershed Assistant is resigning as of December 31, 2013, and WHEREAS, the Watershed Department expects an increase in their 2014 workload and due to this 2014 projected revenues were increased, and WHEREAS, the Public Health Director is requesting the present 28 hour a week Watershed Assistant position be changed from 28 hours per week to 35 hours a week, and WHEREAS, funding for a 35 hour a week Watershed Assistant position is available in the 2014 budget account no. 4050.100 – Personnel. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature hereby authorizes the increase of hours from 28 hours a week to 35 hours a week for the Watershed Assistant position, effective January 1, 2014, and BE IT FURTHER RESOLVED, that the Public Health Director is hereby authorized to fill the Watershed Assistant position at an hourly rate of $16.40, as set forth in the Administrative Contract. Vote 6-0. RESOLUTION NO. 359 Motion by Halpin, Second by Gifford. RE: AUTHORIZE AGREEMENT WITH DAVENPORT UNIVERSITY FOR ADMINISTRATIVE EXPERIENCE FOR A COLLEGE STUDENT – PUBLIC HEALTH WHEREAS, the Schuyler County Public Health Department administers Public Health Programs, and WHEREAS, Davenport University has a Masters of Business Administration with a concentration in Public Health Administration, needing Public Health Administrative experience for a student, and WHEREAS, the Schuyler County Public Health Staff is willing and qualified in providing this experience, and WHEREAS, there is no cost to the County to provide this student experience. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into an agreement with Davenport University, effective January 1, 2014 through May 31, 2014, to be renewed on a yearly basis, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 360 Motion by Halpin, Second by Field. RE: AUTHORIZE INCREASING THE HOURS OF PART-TIME KEYBOARD SPECIALIST POSITION FROM 17 HOURS TO 35 HOURS PER WEEK - SOCIAL SERVICES WHEREAS, there has been an increase in both walk-ins and phone calls in the Social Services Department, and WHEREAS, the Commissioner’s Secretary has been filling in as a Keyboard Specialist for up to 18 hours a week while at the same time attempting to accomplish her duties and responsibilities as Commissioner’s Secretary, and WHEREAS, the work requirements are having an adverse effect on the Department, and WHEREAS, a second full time Keyboard Specialist is a necessity, and WHEREAS, funding is available in the Department’s 2014 budget, line item 6010.100. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature hereby authorizes the increase in hours from 17 hours a week to 35 hours per week for the Keyboard Specialist position in the Reception area of the Department of Social Services, effective January 1, 2014, and BE IT FURTHER RESOLVED, that the Commissioner of Social Services is hereby authorized to fill the Full-Time Keyboard Specialist position at an hourly rate of $12.75, as set forth in the Administrative Contract. DISCUSSION: Legislator Halpin explained that she will be voting no on this Resolution. She met and discussed the position with JoAnn Fratarcangelo, Commissioner of Social Services. She understands how it will probably improve efficiencies for them, however she is opposed to positions that do not pull down any State or Federal funds. She feels this could have been handled differently. She is looking out for the interest of the tax payers she represents and is going to vote no on this position. Chairman Fagan stated that this came out of her committee meeting and you had the opportunity then to question this. Legislator Halpin said, as you know, we had a full agenda that day and she had a previous commitment to get to. She could not take the time to discuss it at length at that point. She stated that, in the best interest going forward, the Legislators should know up front about positions that are open and being considered for filling. The County Administrator authorizes the filling of positions that are not Department Heads. Maybe all positions should be discussed fully before they are filled. She stated that she feels we should improve our financial position and we all need to make do with the staff we have. The situations may not be great, but they are working. Vote 5-1. No: Halpin. RESOLUTION NO. 361 Motion by Halpin, Second by Field. RE: AUTHORIZE INCREASING THE HOURS OF THE LESS THAN FULL TIME SOCIAL SERVICES INVESTIGATOR POSITION 24 HOURS TO 35 HOURS PER WEEK - SOCIAL SERVICES WHEREAS, the less than full time Fraud Investigator position has been vacant for two years, and WHEREAS, there is a need for a full time investigator for fraud investigations, forensic interviewing, and other investigative duties in Social Services, and WHEREAS, the paralegal is unable to accomplish her duties and responsibilities without the support of an investigator, and WHEREAS, the work requirements are having an adverse effect on the Department, and WHEREAS, funding is available in the Department’s 2014 budget, line 6010.100. NOW, THEREFORE, BE IT RESOLVED that the Schuyler County Legislature hereby authorizes the increase in hours from 24 hours a week to 35 hours per week for the Social Services Investigator position for Social Services, effective January 1, 2014, and BE IT FURTHER RESOLVED, that the Commissioner of Social Services is hereby authorized to full said position at an hourly rate of $17.11 per hour as set forth in the Administrative Contract. DISCUSSION: Legislator Barnes suggested that after the first of the year, the District Attorney should meet with the Human Services and Public Safety Committees to get a clear understanding of the expectations of this position and maybe develop a policy. Vote 6-0.
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RESOLUTION NO. 362 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH AIM INDEPENDENT LIVING CENTER FOR CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM – SOCIAL SERVICES WHEREAS, Social Services is authorized pursuant to Section 365 f and 367 p(c) of SSL to provide Consumer Directed Personal Assistance, and WHEREAS, Social Services has contracted with AIM Independent Living Services on a yearly basis for these services and now wants to contract with them for a five (5) year period, and WHEREAS, services are billed directly to Medicaid with no direct cost to Social Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with AIM Independent Living Center for Social Services for the Consumer Directed Personal Assistance Program for the term January 1, 2014 through December 31, 2018, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 363 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH THE CENTER FOR DISABILITY RIGHTS, INC. FOR CONSUMER DIRECTED PERSONAL ASSISTANCE – SOCIAL SERVICES WHEREAS, Social Services is authorized pursuant to Section 365 f and 367 p(c) of SSL to provide Consumer Directed Personal Assistance, and WHEREAS, Social Services has contracted with the Center for Disability Rights, Inc. on a yearly basis for these services and now wants to contract with them for a five year period. WHEREAS, services are billed directly to Medicaid with no direct cost to Social Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with The Center for Disability Rights, Inc. for Social Services for the Consumer Directed Personal Assistance Program for the term January 1, 2014 through December 31, 2018, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 364 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH STAFKINGS HEALTHCARE SYSTEMS, INC. FOR PERSONAL CARE ASSISTANCE – SOCIAL SERVICES WHEREAS, Social Services is authorized pursuant to Section 365 f and 367 p(c) of SSL to provide Personal Care Assistance, and WHEREAS, Social Services has contracted with Stafkings Healthcare Systems, Inc. on a yearly basis for these services and now wants to contract with them for a five year period. WHEREAS, the services are billed directly to Medicaid with no direct cost to Social Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with Stafkings Healthcare Systems, Inc. for Social Services for the Personal Care Assistance for the term January 1, 2014 through December 31, 2018, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 365 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH THE NEW FALLS HOME, LLC FOR THE ASSISTED LIVING PROGRAM – SOCIAL SERVICES WHEREAS, Social Services is authorized pursuant to Section and 367-h of SSL and 18 NYCRR Sections 494.4(h) and 505.35 to provide an Assisted Living Program, and WHEREAS, Social Services has contracted with The New Falls Home, LLC on a yearly basis for these services and now wants to contract with them for a five year period. WHEREAS, the services are billed directly to Medicaid with no direct cost to Social Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with The New Falls Home, LLC for Social Services for the Assisted Living Program for the term January 1, 2014 through December 31, 2018, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 366 Motion by Halpin, Second by Field. RE: AUTHORIZE MEMORANDUM OF UNDERSTANDING WITH THE SCHUYLER COUNTY SHERIFF’S DEPARTMENTTO PROVIDE PROTECTIVE SERVICES – SOCIAL SERVICES WHEREAS, Social Services is required to provide protective services to persons over the age of 18 who are in danger or in harm due to their inability to take care of themselves and plan with law enforcement to provide coordinated services to clients, and WHEREAS, Social Services has contracted with the Sheriff’s Department on a yearly basis for these services and now wants to contract with them for a five year period. WHEREAS, there is no direct cost to Social Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Schuyler County Sheriff’s Dept. for Social Services for providing coordinated services to clients for the term January 1, 2014 through December 31, 2018, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 367 Motion by Halpin, Second by Field. RE: AUTHORIZE CONTRACT WITH THE OFFICE FOR THE AGING FOR EXPANDED IN HOME SERVICES – SOCIAL SERVICES WHEREAS, Social Services is authorized to provide an Expanded In-home Services for Elderly Program, and WHEREAS, Social Services has contracted with the Office for the Aging on a yearly basis for these services and now wants to contract with them for a five year period, and WHEREAS, services are reimbursed by Medicaid with no direct cost to Social Services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute a contract with the Office for the Aging and the Department of Social Services for the Expanded In- home Services for Elderly Program for the term January 1, 2014 through December 31, 2018, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 368 Motion by Halpin, Second by Field. RE: AUTHORIZE RENEWAL OF AGREEMENT WITH GLOVE HOUSE, INC TO PROVIDE PREVENTATIVE YOUTH DEVELOPMENT PROGRAM - SOCIAL SERVICES WHEREAS, the Social Services Department is required to provide preventative services to the families and youth of Schuyler County and, WHEREAS, the Social Services Department is designated the lead agency for the provision of PINS Diversion services, and WHEREAS, historically the Social Services Department has experienced increases in the number of home placements as well as increased costs, and WHEREAS, the contractor is a New York State licensed agency for the provision of the needed preventative services to prevent and continue to maintain cost reduction, disruptive detention and foster care placements, and WHEREAS, the Social Services Department has funds in the 2014 budget to pay for the agreement with Glove House to provide the required preventive and PINS Diversion services. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a renewal agreement with Glove House at a cost not to exceed $195,250 for the term of January 1, 2014 through December 31, 2014, subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 369 Motion by Larison, Second by Halpin. RE: AUTHORIZE AMENDING THE AGREEMENT WITH SCHUYLER COUNTY PROBATION FOR PREVENTION YOUTH SUPERVISION SERVICES – SOCIAL SERVICES WHEREAS, a contract between Schuyler County on behalf of the Department of Social Services (DSS) and Schuyler County Probation needs to be amended according to the Office of Children and Family Services letter dated October 1, 2013, and 163 PROCEEDINGS OF THE YEAR 2013
WHEREAS, the letter stipulates that Probation reimbursement can only be for preventive services such as JD and PINS Diversion cases, and WHEREAS, the letter stipulates that unallowable Probation costs include court-ordered investigations, presentencing activities, and probation supervision and violation of probation activities, and WHEREAS, the following terms realign the contract to reflect the preventive services that the Probation Department performs as preventive services include conducting home visits, participate in Family Team Meetings, maintain and operate Electronic Home Monitoring devices to divert youth from placements, provide youth assessment screenings to establish appropriate preventative services, provide a liaison for PINS Diversion case management meetings, provide staff for Systems of Care meetings to prevent placements, provide JD Diversion program including the journaling program. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to execute the amendment to the current contract with the Schuyler County Probation Department subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 370 Motion by Larison, Second by Halpin. RE: AUTHORIZE 2014 SEASONAL RATES FOR MARINA – BUILDINGS AND GROUNDS WHEREAS, New York State passed Chapter 135 a law that was signed by the Governor on May 23, 1983, which declares Schuyler County to have Home Rule pursuant to Article IX, Section 2 (b) (2) of the Constitution, and WHEREAS, New York State Alienation Guide to Municipal Parks, Section F. 3. requires that any park fee must not be in excess of those charges for comparable facilities in the area, and WHEREAS, the Schamel Brothers lease, Section 5. (c) requires the fees charged by the lessee to be approved the Schuyler County Legislature. NOW, THEREFORE, BE IT RESOLVED, that this Legislature hereby approves the following as the Village Marina's 2014 Seasonal Rate Schedule for its 145 available slips: 2014 SUMMER RATES SLIP WIDTH SLIP FEE WATER & ELECTRIC 8' $1,640.00 $100.00 10' $1,800.00 $100.00 12' $1,900.00 $100.00 14' $2,000.00 $100.00 16' $2,000.00 $100.00
20 AMP ELECTRICAL SERVICE: $100.00 30 AMP ELECTRICAL SERVICE: $150.00 DRY DOCK WITH UNLIMITED USE OF LAUNCH RAMP: $450.00
2014 TRANSIENT DOCK (UP TO 30 FT) WITH 30 AMP ELECTRIC Per Hour : $ 4.00 Per Day: $ 40.00 Per Week: $175.00 Per Month: $600.00 50 AMP Electric add an additional $10.00
LAUNCH RAMP FEES $4.00 Per Launch (Tenants: No Charge) $45.00 Unlimited Usage (October 31 through March 1st)
TRUCK CRANE Tenants: $100.00 per Usage (plus tax) Non-Tenants $125.00 per Usage (plus tax)
WINTER STORAGE RATES At the dock: $15.00 per foot. Use of bubbler system is allowed with electrical charges billed additionally. On land: $10.00 per foot. Haul In/Out Charges: $4.00 per foot each way.
SUMMER STORAGE RATES On land: $10.00 per foot.
MISCELLANEOUS RATES AND CHARGES SEASONAL RATES: The Village Marina Seasonal Rates for Summer 2014 apply to the period beginning April 15, 2014 and continuing through October 30, 2014. Any seasonal tenants who do not plan to haul out or store with us, and are still in the water after these dates will be assessed a service charge of $5.00 per day, for each day until the boat is removed.
PUMP OUT: $5.00 Per Pump Out (Tokens available at Village Marina Bar & Grill)
TRAILER / CRADLE FEE: Minimum $30.00 Charge includes handling and storage of cradles and trailers. Fee is billed annually with winter storage. Vote 6-0. RESOLUTION NO. 371 Motion by Larison, Second by Halpin. RE: AUTHORIZE RESCINDING RESOLUTION NO. 111-13 TITLED “AUTHORIZE LEASE AGREEMENT WITH SOUTHERN TIER NETWORK - BUILDINGS AND GROUNDS” WHEREAS, the County and Southern Tier Network have decided that the occupancy date has been pushed out to 2014 NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 111-13 is hereby rescinded. Vote 6-0. RESOLUTION NO. 372 Motion by Larison, Second by Field. RE: AUTHORIZE TRANSFER OF FUNDS FROM COUNTY ROAD PERMANENT IMPROVMENTS TO COUNTY ROAD BRIDGES ACCOUNT FOR MILL STREET BRIDGE REPLACEMENT PROJECT - HIGHWAY DEPARTMENT WHEREAS, the County Road Permanent Improvements account has excess funds of $49,735.68, and WHEREAS, Silverline Construction has completed the Mill Street Bridge Replacement Project and the account is over budget. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $49,735.68 from account no. 002.5112.342 - County Road Fund - Permanent Improvements - Reconstruction CR16 into account no. 002.5120.584 - County Road Fund - Bridges - Bridge Repairs. Vote 6-0. RESOLUTION NO. 373 Motion by Larison, Second by Field. RE: AUTHORIZE CHANGE ORDER WITH SILVERLINE CONSTRUCTION, INC. FOR THE MILL STREET BRIDGE OVER DECKERTOWN CREEK BRIDGE PROJECT - HIGHWAY DEPARTMENT WHEREAS, Resolution No. 99-13 authorized a contract with Silverline Construction Inc.’s for construction of Mill Street Bridge Replacement, at a cost of $735,249.00, and 165 PROCEEDINGS OF THE YEAR 2013
WHEREAS, Silverline Construction along with the inspection firm, Hunt Engineers, for the said project, has ordered a change for additional work in said project in the amount of $14,486.69, due to additional concrete needed for bridge footing, and WHEREAS, funding for the said project is in the 2013 budget account no. 002.5120.584, and NOW, THEREFORE, BE IT RESOLVED, that the Chairman be authorized to sign the change order for said project, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 374 Motion by Larison, Second by Field. RE: AUTHORIZE INTER-MUNICIPAL AGREEMENT RENEWAL WITH STEUBEN COUNTY - HIGHWAY DEPARTMENT WHEREAS, Schuyler County Resolution No. 57-13 supported participation in an Inter-municipal agreement with Steuben County for purpose of sharing the use and operation of the pavement grinding equipment, and to participate with each other in the recognition of the attendant savings achieved thereby, and WHEREAS, Steuben County has agreed in writing to renew the agreement with a term of January 1, 2014 through December 31, 2014. NOW, THEREFORE, BE IT RESOLVED, upon recommendation of the Public Works Committee, the Schuyler County Legislature accepts the inter-municipal agreement renewal with Steuben County, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is hereby authorized to sign said inter-municipal agreement, subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 375 Motion by Larison, Second by Gifford. RE: AUTHORIZE AN APPLICATION WITH THE LOCAL RECORDS MANAGEMENT IMPROVEMENT FUND FOR AN ELECTRONIC DOCUMENT MANAGEMENT SYSTEM AND DIGITAL IMAGING SOLUTION, SHARED SERVICES – RECORDS MANAGEMENT – RESCINDED BY RESOLUTION NO. 73-14 WHEREAS, access and sustainability of the highway records of the County and the Village of Watkins Glen could be improved by an electronic document management system and digital imaging, and WHEREAS, the Local Records Management Improvement Fund offers grants for said system that requires no county match. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all documents relative to said grant application with the State Education Department for the Records Management Department for the Local Records Management Improvement Fund for the term June 30, 2014 through June 30, 2015, in an amount not to exceed $150,000, subject to the approval of the County Attorney. Vote 6-0. RESOLUTION NO. 376 Motion by Larison, Second by Gifford. RE: SET DATES - 2013 YEAR END MEETING AND THE 2014 ORGANIZATIONAL MEETING OF THE SCHUYLER COUNTY LEGISLATURE BE IT RESOLVED, that the final meeting of the year 2013 for the Schuyler County Legislature be held on Monday, December 30, 2013, in the Legislative Chambers at 9:15 a.m. and that appropriate legal notice be published in the official newspaper of the County, and BE IT FURTHER RESOLVED, that the 2014 Organizational Meeting of the Schuyler County Legislature shall be held on Wednesday, January 8, 2014 in the Legislative Chambers at 9:15 a.m. and that appropriate legal notice be published in the official newspaper of the County. Vote 6-0. RESOLUTION NO. 377 Motion by Larison, Second by Gifford. RE: AUTHORIZE 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 April 1, 2013 through September 30, 2013, 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" below.
Vote 6-0. RESOLUTION NO. 378 Motion by Gifford, Second by Field. RE: AUTHORIZE TOWN OF HECTOR DELINQUENT WATER BILLS TO BE CHARGED ON THE JANUARY, 2014, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE WHEREAS, the Town of Hector is desirous of having those delinquent in payment of water bills be charged on the 2014 Town and County tax bill, per Town resolution No. 147, as a separate item for the amount of the arrears. NOW, THEREFORE, BE IT RESOLVED, that the delinquent water bills for the Town of Hector be added to the January, 2014, Town and County tax bills as a separate item for the amount of the arrears, provided by Town Law, Article 12, Paragraph 198. Vote 6-0. RESOLUTION NO. 379 Motion by Gifford, Second by Field. RE: AUTHORIZE TOWN OF READING DELINQUENT SEWER AND WATER BILLS TO BE CHARGED ON THE JANUARY, 2014, TOWN AND COUNTY TAX BILLS – REAL PROPERTY TAX SERVICE WHEREAS, certain property owners in the Town of Reading are delinquent in paying their sewer and water bills, and WHEREAS, the Town of Reading is desirous of having those delinquent in payment of sewer and water bills be charged on the 2014 Town and County tax bills as shown in the Town of Reading Resolution No.56. 167 PROCEEDINGS OF THE YEAR 2013
NOW, THEREFORE, BE IT RESOLVED, that the delinquent sewer and water bills from the Town of Reading be added to the January, 2014, Town and County tax bill as a separate item for the arrears, as provided by Town Law Section 198, subsection 1 (k). Vote 6-0. RESOLUTION NO. 380 Motion by Gifford, Second by Field. RE: RESOLUTION TO ADOPT EQUALIZATION RATES FOR THE APPORTIONMENT OF THE YEAR 2014 COUNTY TAX LEVY – REAL PROPERTY TAX SERVICE WHEREAS, the State Board of Real Property Services has established the County equalization rates pursuant to Title 2 of Article 8 of the Real Property Tax Law, and a certificate of these rates has been received. NOW, THEREFORE, BE IT RESOLVED, that the equalization rates for the 2013 Assessment Roll be adopted and the 2013 County equalization rates to be used for the general levy and apportionment of the 2014 county tax levy from the State Board of Real Property Services be entered in the minutes as follows: TOWN OF CATHARINE 100.00 TOWN OF MONTOUR 100.00 TOWN OF CAYUTA 100.00 TOWN OF ORANGE 100.00 TOWN OF DIX 100.00 TOWN OF READING 100.00 TOWN OF HECTOR 100.00 TOWN OF TYRONE 100.00 Vote 6-0. RESOLUTION NO. 381 motion by Gifford, Second by Field. RE: AUTHORIZE AMENDING THE ONGOING AGREEMENT WITH CSS WORKFORCE NY, SCHUYLER HEAD START, CDRC AND AIM FOR INTERNET SERVICE – INFORMATION TECHNOLOGY WHEREAS, Resolution No. 65-08 and 372-08 authorized ongoing agreements with CSS Workforce NY, and Schuyler Head Start to provide Internet Service, and WHEREAS, Resolution No. 371-08 authorized an ongoing agreement with Community Dispute Resolution Committee (CDRC) to provide Internet Service, and WHEREAS, Resolution No. 377-11 authorized an ongoing agreement with AIM Independent Living Center to provide Internet Service, and WHEREAS, there is now a need to amend all Internet Service agreements to contain language to protect the interests of Schuyler County, and WHEREAS, it is the recommendation of the Director of Information Technology that this new language be allowed. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to enter into amended ongoing agreements with CSS Workforce NY, Schuyler Head Start, CDRC and AIM for use of the County’s Internet Service and minor computer and program maintenance; subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 382 Motion by Gifford, Second by Field. RE: AUTHORIZE ACCEPTANCE OF THE NEW YORK STATE DEPARTMENT OF STATE LOCAL GOVERNMENT EFFICIENCY GRANT (LGEG) FOR A CONSOLIDATION OF SERVICES STUDY WHEREAS, Resolution No. 113-13 authorized the application for said grant in the amount of $100,000, and WHEREAS, the County was notified on November 12, 2013 that they have been awarded $50,000 for the consolidation study, with a local match of 10% to be split equally between both Yates and Schuyler County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to accept and sign said documents relative to the LGEG Grant in the amount of $50,000, subject to the approval of the Schuyler County Attorney, and BE IT FURTHER RESOLVED, that the Schuyler County Treasurer set up a Grant Fund account in cooperation with the County Administrator and that said local share of $2,500 shall be taken from account no. 6989.401 – Contractual Expense – LGE. Vote 6-0. RESOLUTION NO. 383 Motion by Gifford, Second by Barnes. RE: COMPLETION AND FILING OF THE ASSESSMENT ROLL FOR THE YEAR 2013 FOR THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT IN THE TOWNS OF ORANGE AND TYRONE, IN THE COUNTY OF SCHUYLER, AND STATE OF NEW YORK Pursuant to Sections 270 and 271 of the County Law of the State of New York. WHEREAS, the assessment roll for the year 2013 for the Lamoka/Waneta Lakes’ Protection and Rehabilitation District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York for the budget year 2014 has been completed and properly filed with the Schuyler County Real Property Tax Service Agency at its office in the Schuyler County Office Building at 105 Ninth Street, Watkins Glen, New York, for review and inspection by the public and interested parties, and WHEREAS, proper notice of the completion and filing of said assessment roll and also proper notice that the Public Hearing on the assessment roll would be held by the County Legislature of the County of Schuyler in the Legislative Chambers, 105 9th Street, Watkins Glen, NY on December 9th at 6:45 P.M. to hear and consider any objections pertaining to said assessment roll, and WHEREAS, due and proper proof of the publication of the notice of the aforesaid Public Hearing has been filed in the Office of the Clerk of the Legislature, and WHEREAS, the aforesaid Public Hearing was duly held on the 9th day of December, 2013, and any persons appearing in regard to the said assessment roll having been heard. NOW, THEREFORE, BE IT RESOLVED, said assessment roll for the year 2013 for the Lamoka/Waneta Lakes District in the Towns of Orange and Tyrone, in the County of Schuyler, and State of New York be hereby approved as completed and filed in the office of the Schuyler County Real Property Tax Service Agency, and BE IT FURTHER RESOLVED, that the Director of the Schuyler County Real Property Tax Service Agency and the Schuyler County Treasurer shall see to the proper procedure for the levy and collection of the appropriate taxes on the several real properties situate and benefited within said Lakes’ Protection and Rehabilitation District, and BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the Director of Real Property Tax Service Agency, the County Treasurer, the Attorney for said Lakes’ Protection and Rehabilitation District, the Lamoka/Waneta Lakes’ District Commission and the Clerk of the Steuben County Legislature. Vote 6-0. RESOLUTION NO. 384 Motion by Gifford, Second by Barnes. RE: DIRECTING THE LEVY OF THE LAMOKA/WANETA LAKES’ PROTECTION AND REHABILITATION DISTRICT TAXES DUE JANUARY 2014 Pursuant to Article 5-D of the County Law of the State of New York. BE IT RESOLVED, that the report of the Lamoka/Waneta Lakes’ District Commission of the several amounts of taxes due January 2014, levied upon the various parcels of land in the said Lakes’ Protection and Rehabilitation Districts be received and filed, and the Director of the Schuyler County Real Property Tax Service Agency is directed to levy the amount upon the various parcels therein mentioned in accordance with said report, and BE IT FURTHER RESOLVED, that certified copies of this resolution shall be forwarded to the Director of Real Property Tax Service Agency; Attorney for the Lakes’ Protection and Rehabilitation Districts; the Lamoka/Waneta Lakes’ Districts Commission, and the Clerk of the Steuben County Legislature. Vote 6-0. RESOLUTION NO. 385 Motion by Larison, Second by Gifford. RE: MOTION TO BRING ONE (1) RESOLUTION TO THE FLOOR BE IT RESOLVED, that one (1) Resolution be brought to the floor. Vote 6-0. RESOLUTION NO. 386 Motion by Gifford, Second by Barnes. RE: AUTHORIZE SETTLEMENT AGREEMENT WITH WILLIAM S. CLARK 169 PROCEEDINGS OF THE YEAR 2013
BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign a Settlement Agreement with William S. Clark, subject to the approval of labor counsel, and the Schuyler County Attorney. Vote 6-0. NEW BUSINESS: None. UNFINISHED BUSINESS: Legislator Larison stated that he would like to see the incoming Legislators have the opportunity to attend some of the valuable meetings he has in the past, such as the Inter-County Association of Western New York meeting and the New York State Association of Counties Conferences. The cost to do so is about $1,000.00 per year to attend. He would like to see money put back in the budget in 2014 so the newly elected Legislators and the Clerk could attend the meetings. He then thanked all of the Legislators for working with him and stated it was an honor to serve. REPORT ON STANDING COMMITTEES: Chairman Fagan reported that he attended a press conference at the Rooster Fish Brewery where Senator Schumer announced the bill to reduce the excise tax on small breweries. Currently the tax is $ 7.00 per barrel. The new bill will reduce the excise tax to $3.50 up to the first 60,000 barrels. The Rooster Fish Brewery has produced 700 barrels. They plan, at a new facility, to produce 1,500, and next year up to 3,000 barrels. He also reported that the Pro Act drug program the County offers to all County residents that do not have insurance coverage has saved almost $800,000.00 over a three-year period. Approximately 19,000 prescriptions have been filled. He explained that you can receive a 10-20% discount on brand name drugs and about a 70% discount on generic drugs. He asked that if anyone knew of a person in need to pass this information along. COUNTY ADMINISTRATOR’S REPORT: Administrator O’Hearn reported that the progress on the Shared Public Works facility is moving along very well. We may even be in a position to occupy a Highway bay area next week. The office space area is well ahead of schedule as well. They hope to move everyone in by February 1, 2014. He then reported that Wednesday will be a big day and the announcements for the Regional awards will be made. We hope to have fared well. Ours was one of the larger applications for Project Seneca. The second of the Public Hearings will be held for this project at the Montour Falls Fire Department on Wednesday evening. PUBLIC PARTICIPATION: Mr. Rondinaro questioned why Legislator Halpin was the only no vote on the Intro 13. He recalled that during some of the budget workshops, she was accused of a tactic. If it is a tactic, why is it from her own committee, and why aren’t the rest of the Legislators not following. Legislator Gifford and Larison both explained that it came from Legislator Halpin’s committee and that the time for discussion on the position was at the committee meeting. Chairman Fagan then presented Legislator Larison with a Certificate of Recognition plaque for his sixteen years served as a Legislator. There was a standing ovation. Legislator Larison said his family and friends have told him that new doors will not open until this one closes. He said it has been an honor and a pleasure to serve. The Meeting adjourned at 7:09 pm Stacy B. Husted, Clerk Jamee L. Mack, Deputy Clerk
YEAR END MEETING DECEMBER 30, 2013
The December 30, 2013 Year End Meeting of the Schuyler County Legislature was called to order at 9:15a.m. by Chairman Fagan. The Pledge of Allegiance was led by Legislator Larison and followed by a Moment of Silence. All Legislators were present except Legislators Yuhasz and Gifford who were excused. Administrator O’Hearn and County Attorney Rossi were also present. PUBLIC PARTICIPATION: None RESOLUTION NO. 387 Motion by Larison, Second by Barnes. RE: AUTHORIZE ONE-YEAR CONTRACT EXTENSION WITH MEDTOX LABORATORIES INC. TO PERFORM LABORATORY DRUG SCREENS AND TEST CONFIRMATIONS - PROBATION DEPARTMENT WHEREAS, the Schuyler County Probation Department has had a three-year contract with Medtox Laboratories to perform laboratory drug screens with confirmations which expired on October 31, 2013 and requires a renewal, and WHEREAS, Medtox Laboratories has a one-year contract extension for Schuyler County Probation to continue providing laboratory urine screens and confirmations to detect alcohol use (up to 80 hrs after use), Amphetamines, Methamphetamines, Cocaine, Opiates, THC, and Benzodiazepines, and WHEREAS, there is no change in cost for services as the Department will be billed $12 for each lab screen and any positive laboratory screen will be further tested by Medtox Labratories Inc. to provide a confirmation and existing substance levels in an individual at an additional cost of $20 each, the same as the current contract, and WHEREAS, the Schuyler County Probation Department has funding to pay for the indicated lab screens and confirmations through expense line item 3140.0568. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature be hereby authorized to sign the one-year contract extension with Medtox Laboratories Inc., to include the above noted laboratory drug screens and confirmations at the prices stated, with the term of the extension starting November 1, 2013 through October 31, 2014, subject to approval by the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 388 Motion by Larison, Second by Barnes. RE: AUTHORIZE TRANSFER OF FUNDS – CORONER WHEREAS, there were significant unanticipated expenses involving accidental deaths requiring numerous autopsy expenses which have caused the 2013 Coroner’s budget to be depleted. NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Treasurer is hereby authorized to transfer $710.95 from Contingency account no. 1990.500 to the Coroner account no. 1185.400-Contractual. Vote 6-0. RESOLUTION NO. 389 Motion by Larison, Second by Barnes. RE: AUTHORIZE A CONTRACT EXTENSION WITH STEINMETZ PLANNING GROUP TO ASSIST WITH THE COMPLETION OF THE COUNTY-WIDE COMPREHENSIVE PLAN WHEREAS, the Schuyler County Planning Department is working with all of the municipalities in the County to complete a County-Wide Comprehensive Plan, and WHEREAS, the agreement with Steinmetz Planning Group, the consultant that was authorized by Resolution No. 196-13, expired on November 30, 2013, and needs to be extended. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is authorized to execute a contract extension with the Steinmetz Planning Group to assist with the completion of the County-Wide Comprehensive Plan, extending the term of the agreement through June 30, 2014, subject to the approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 390 Motion by Halpin, Second by Field. RE: AUTHORIZE ADDITIONAL UNITS TO THE PROPOSAL FOR GIS BASED ONE-CALL/ONE- CLICK TRANSPORTATION RESOURCE CENTER SOFTWARE FROM ROUTE MATCH SOFTWARE WHEREAS, Resolution No. 326-13 accepted the proposal for the GIS One-Call/One-Click Transportation Resource Center Software from Route Match Software in the amount of $68,763.00 and WHEREAS, the Veterans Transportation Community Living Initiative Grant allowed for expenses of $93,750.00 and WHEREAS, additional products are available through the Route Match Software beyond the scope of the RFP, to enhance capabilities of the software. 171 PROCEEDINGS OF THE YEAR 2013
NOW, THEREFORE, BE IT RESOLVED, that the Schuyler County Legislature, duly convened does hereby approve of the additional software purchases, in the amount of $24,957, and authorizes the Arc of Schuyler to purchase said software, and BE IT FURTHER RESOLVED, that the Chairman of the Legislature is authorized to execute any and all documents necessary to carry out the above-referenced additional proposal acceptance, with the total contract price from Route Match Software to now be $93,720.00, funding available in grant account 6510.3710.6511; subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 391 Motion by Halpin, Second by Field. RE: AUTHORIZE AGREEMENT WITH THE NEW YORK STATE OFFICE FOR THE AGING TO RECEIVE MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT (MIPPA) FUNDING– OFFICE FOR THE AGING WHEREAS, the Schuyler County Office for the Aging has a Health Insurance Information Counseling and Assistance Program (HIICAP), and WHEREAS, the HIICAP program offers information and assistance regarding Medicare, Medicaid and other health insurance issues, and WHEREAS, on July 15, 2008, the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) was approved by Congress and became law, and WHEREAS, Section 119 of this legislation provides for beneficiary outreach and includes funding for Area Agency on Aging designees along with other entities to reach Medicare beneficiaries likely to be eligible for the Medicare Part D Low-Income Subsidy (LIS) Program or Medicare Savings Program (MSP), and WHEREAS, funding is also provided for direct application assistance to these beneficiaries with an emphasis on Medicare Part D outreach to rural areas of our state, and WHEREAS, the Schuyler County Office for the Aging has been allocated the sum of $7,500 under Office for the Aging and an additional $2,827 under NY Connects for a total of $10,327 to provide outreach and application assistance for MIPPA under the HIICAP program for both OFA and NY Connects. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to sign any and all agreements with the New York State Office for the Aging to implement the MIPPA program in the amount of $10,327 under the existing HIICAP program for the term September 30, 2013 through September 29, 2014, said agreement subject to approval of the Schuyler County Attorney. Vote 6-0. RESOLUTION NO. 392 Motion by Halpin, Second by Field. RE: RESOLUTION URGING NEW YORK STATE TO RESTORE THE HISTORIC 50/50 STATE/LOCAL COST SHARING FOR THE STATE’S MANDATED SAFETY NET PROGRAM OR PROVIDE MORE PROGRAM CONTROL TO LOCAL SOCIAL SERVICE DISTRICTS COMMENSURATE WITH COUNTIES INCREASED FISCAL RESPONSIBILITY FOR THE PROGRAM – SOCIAL SERVICES WHEREAS, the 2011-2012 final State Budget dramatically lowered the State’s fiscal responsibility in the Safety Net Program by shifting the cost to 71 percent county/29 percent State; severing the historic 50 percent county partnership, and WHEREAS, the State Division of Budget and Legislature stated that this funding shift, in conjunction with fully federalizing New York State’s Temporary Assistance for Needy Families (TANF – Temporary Assistance) costs would generate up to $50 million annually in net cost reductions for counties and New York City, and WHEREAS, actual spending through the end of calendar year 2012 indicates that these aggregate savings have not materialized for counties and New York City, and WHEREAS, with the recent economic downturn and slow recovery, Safety Net enrollment has increased across the State in record numbers, which will shift even more costs from the State Budget to local taxpayers to support this State mandated program, and WHEREAS, counties initial concerns regarding the State funding shift in Safety Net that it would leave the counties paying a larger share of a much faster growing public assistance program are being verified in the most recent caseload data, with Safety Net caseload growing at an average rate of nearly 4.5 percent statewide over the last five years compared to the TANF caseload that is virtually unchanged from where it was in 2008, and WHEREAS, the steady pullback in state funding support for a variety of human services programs including child welfare, adoption subsidies, Supplemental Nutrition Assistance Program administration, Family Assistance, Safety Net, Child Support Enforcement, juvenile justice and programs designed to help recently released State incarcerated offenders return to the community creates an environment in which the State is directly moving away from its constitutional requirement to care for the needy, forcing this State constitutional responsibility on county government and local taxpayers, and NOW, THEREFORE, BE IT RESOLVED that Schuyler County Legislature calls on the State to restore the historic 50/50 State/County cost sharing, or grant greater decision making authority and administrative flexibility over program management to ensure even more costs are not shifted to local taxpayers in support of this state mandate program, and BE IT FURTHER RESOLVED the State of New York should prioritize the modernization of the Welfare Management System (WMS) to promote efficiencies in the administration of the Supplemental Nutrition Assistance, Safety Net, and Family Assistance Programs, and BE IT FURTHER RESOLVED the State of New York must take on a greater fiscal and programmatic responsibility in ensuring incarcerated offenders returning to the community are provided appropriate state assistance including housing, work supports and training, health care, counseling, substance abuse, and other critical services to prevent recidivism and reduce the impact on local social service district fiscal and staff capacity, which is already strained due to increased caseloads and years of reduced state financial support, and BE IT FURTHERED RESOLVED that certified copies of this resolution be sent to Governor Andrew M. Cuomo, Senator Thomas F. O’Mara, Assemblyman Philip A. Palmesano, New York State Department of Health Commissioner Nirav R. Shah, New York State Comptroller Thomas DiNapoli, Office of Children and Family Services Commissioner Gladys Carrion, Esq., and the New York State Association of Counties (NYSAC). Vote 6-0. RESOLUTION NO. 393 Motion by Field, Second by Halpin. RE: AUTHORIZATION TO DECLARE ITEMS SURPLUS OR JUNK FOR VARIOUS DEPARTMENTS – PURCHASING WHEREAS, various departments have items to be declared surplus or junk. NOW, THEREFORE, BE IT RESOLVED, pursuant to County Law Section 215, the Schuyler County Legislature hereby declares the following assets surplus or junk, and BE IT FURTHER RESOLVED that the following items are to be bid out, placed in storage for an auction or disposed of. JUNK Asset # Description Serial/VIN # Department 6746 2003 Ford Crown Victoria 2FAHP71W23X208046 Sheriff (per Sheriff Yessman, worth more as scrap) 4164 2) Motorola Radios (’99) 720TYW6445/004TBU3208 Emer Mgmt 6516 Optiplex 755 5L79VH1 DSS (IT) 6664 Dell D630 Laptop (09) HXHTNJ1 IT 2164 Overhead Projector 3093611 Ment Health SURPLUS (for auction/sale) Asset # Description Serial/VIN # Department 5112 2002 Chevy Astro Van 1GNEL19X62B150180 OFA 2045 1997 Hydrasport Police Boat HSX2Y178E797 Sheriff 2046 1997 EZ Loader Boat Trailer 1ZEAAMSJXVA013965 Sheriff 5129 2000 Evinrude Boat Motor NA Sheriff 5150 Aluminum Boat Lift NA Sheriff 173 PROCEEDINGS OF THE YEAR 2013
SURPLUS (for storage) Asset # Description Serial/VIN # Department 0088 Zenith VHS cassette recorder 2N0548044 OFA 0089 Zenith 19” Color TV 222-6340-115 OFA 6067 Infocus Projector ATTH634R0306 OFA The following to be declared junk as a result of the Shared Public Works Facility Fire: Asset # Description Serial/VIN # Department 6726 Workstation NA Highway 6727 Storage Cabinet NA Highway 6741 Workstation NA Highway 6725 Workstation NA Watershed CLEAN UP Asset # Description Serial/VIN # Department 0038 2-cmpt meal transporter NA OFA 2936 High Back Chair (’97) NA Cty Attorney 1362 Metal Detector (’86) NA Watershed 1363 Rolotape Tape Measure (’82) NA Watershed 0337 4-dwr file cabinet, brown NA Elections 1743 4-dwr file cabinet, green NA Elections 3006 Wooden chair NA Elections 5200 Palm Pilot M130 (’02) OOPYVAM214F Mental Health 5378 HP Printer (’00) USGZ078947 Mental Health 6625 Xerox Phaser 8860N (’09) HAV040376 Public Health 0754 Ultrasound Mini Dopler 004353 Public Health 2179 Diagnostic Set 71050 Public Health 2832 Television/Vcr (’95) 15AA33209 Public Health 3520 Thermometer NA Public Health 3554 Pediatric Scales (’98) NA Public Health 3641 Pediatric Scales (’98) NA Public Health 5042 Oximeter Monitor NA Public Health 5155 Deskjet Printer (’02) MY23N1C0FN Public Health 5159 Laserjet Printer (’02) SCNCV187522 Public Health 5457 Med O2 monitor NA Public Health 5469 Laserjet Printer (’03) SCNBB362363 Public Health 6550 Optiplex 755 Minitower (’08) FW5KPH1 Public Health 6553 Optiplex 755 Minitower (’08) JW5KPH1 Public Health 6555 Optiplex 755 Minitower (’08) HW5KPH1 Public Health 4452 Dell Laptop (’00) F4RAW Public Health 4470 Dell Laptop (’00) F8A2S Public Health 4478 Dell Laptop (’00) F8A2V Public Health 6034 Optiplex Mini tower (’06) BPHHPB1 Public Health 6056 Optiplex Computer (’06) 4BDHPB1 Public Health 6110 Optiplex Computer (’06) B98R8C1 Public Health 6315 Latitude D630 Laptop (’08) FXSCDF1 Public Health 6316 Latitude D630 Laptop (’08) 5YSCDF1 Public Health 6317 Latitude D630 Laptop (’08) 2YSCDF1 Public Health 6318 Latitude D630 Laptop (’08) HXSCDF1 Public Health 6511 Latitude D630 Laptop (’08) P182550385 Public Health 6541 Latitude D630 Laptop (’08) B70MPH1 Public Health 6542 Latitude D630 Laptop (’08) 380MPH1 Public Health 6544 Latitude D630 Laptop (’08) H70MPH1 Public Health 6546 Latitude D630 Laptop (’08) 180MPH1 Public Health 6548 Latitude D630 Laptop (’08) D70MPH1 Public Health 6549 Optiplex 755 Minitower (’08) DW5KPH1 Public Health 6554 Optiplex 755 Minitower (’08) 2X5KPH1 Public Health 6581 Optiplex 755 Minitower (’08) 46V3WH1 Public Health 6033 Optiplex Minitower (’06) 7PHHPB1 Mental Health 6524 Dell Latitude Computer (’08) 88DFBG1 Mental Health 6525 Dell Latitude Computer (’08) 68DFBG1 Mental Health Vote 6-0. RESOLUTION NO. 394 Motion by Field, Second by Halpin. RE: AUTHORIZE TRANSFER OF FUNDS – VARIOUS DEPARTMENTS BE IT RESOLVED, that the Schuyler County Treasurer be hereby authorized to make the following account transfers in order to balance out the 2013 accounts, to wit: Information to be provided by the Treasurer. Vote 6-0. RESOLUTION NO. 395 Motion by Field, Second by Halpin. RE: UNPAID SCHOOL TAXES – ASSESSED AND RELEVIED FOR 2013-2014 WHEREAS, the County Treasurer submitted to this County Legislature, pursuant to Section 1330 (5) of the Real Property Tax Law, a certified list of unpaid school taxes as of November 30th, which will be assessed and relevied, and WHEREAS, pursuant to Section 1330 (4) of the Real Property Tax Law, this Board is required to pay the various Districts the amount of unpaid school taxes, as certified. NOW, THEREFORE, BE IT RESOLVED, that the unpaid school taxes for the year 2013-2014, as they appear on said certified list be, and the same hereby are, approved as of December 30, 2013, and the Real property named in said certification any items of unpaid taxes therein set forth. Vote 6-0. RESOLUTION NO. 396 Motion by Field, Second by Halpin. RE: DEDICATION OF 2013 PROCEEDINGS WHEREAS, it has been the custom to give tribute in the printed Proceedings of the Schuyler County Legislature to employees who retire from county service or elected officials who leave office, as recognition for their dedication and service. NOW, THEREFORE, BE IT RESOLVED, that the “Proceedings of the County Legislature of the County of Schuyler for the year 2013" contain a tribute to Beverly K. Clickner (Dep. Commissioner of Social Services), Richard D. Davis (Aging Services Aide – OFA), Thomas N. Hoxie (Correction Officer – Sheriff), William J. Weiss (Commissioner of Social Services), Glenn R. Larison (Legislators), and Doris L. Karius (Legislator). Vote 6-0. NEW BUSINESS: The Deputy Clerk reminded the Legislators of the Organizational Meeting followed by the Legislative Resolution Review Committee Meeting, and that we would be taking a new picture of the Legislators. UNFINISHED BUSINESS: Legislator Larison read a statement he had prepared thanking the Legislators for working with him in the past. His statement is on file in the Legislative Office. REPORT ON STANDING COMMITTEES: Legislator Larison emphasized the importance of attending the Inter-County Association of Western New York Meetings and others. He read a statement he had prepared titled “Supporting a Voice for Schuyler County Beyond the County Line.” This statement is also on file in the Legislative Office. Chairman Fagan assured Legislator Larison that the travel expenses will be discussed at the Organizational Meeting on January 8, 2014. COUNTY ADMINISTRATOR’S REPORT: None. 175 PROCEEDINGS OF THE YEAR 2013
PUBLIC PARTICIPATION: Mr. Jim Howell thanked Legislator Doris Karius, and Legislator Glenn Larison for their years of service and commitment to the County. He stated that tomorrow is his last day working for the Watershed Department and it marks thirty-nine years. He has enjoyed working and it has been very gratifying work. He will miss it and will look forward to his next challenge. Mr. Mark Rondinaro also acknowledged Legislators Doris Karius and Glenn Larison years of service. Mr. Van Harp stated his appreciation to both Legislators and said he is honored to follow in their footsteps. Mr. Ken Bell said he has been around for a while and over the years have worked with the two Legislators that we honor today. They have been very dedicated and have enjoyed working with them. He also would like to thank them for their dedication on behalf of the Schuyler County Farm Bureau. Chairman Fagan awarded a certificate of appreciation to Legislator Doris Karius and thanked her for her years of services. He read the script from the plaque. Legislator Karius replied that she is very proud to receive the plaque and thanked everyone for their kindness. She stated that being a Legislator is not an easy job. There have been tough times, but we have worked through it. This plaque will hang on my wall in my living room and I will be very proud when I look at it. Legislator Barnes told both Legislator Karius and Larison that we will be having a party for them and will be in touch very soon. MOTION by Legislator Larison, SECOND by Legislator Field to go into executive session to discuss employee work history. Motion carried six ayes to zero noes. MOTION by Legislator Halpin, SECOND by Legislator Barnes to come out of executive session Motion carried six ayes to zero noes. The Meeting adjourned at 9:55 a.m. Jamee L. Mack, Deputy Clerk
SUMMARY OF BUDGET
ALL FUNDS TOTAL APPROPRIATIONS OF ALL FUNDS (EXCLUDING INTERFUND TRANSFERS) $ 40,779,034
INTERFUND TRANSFERS $ 1,999,984
TOTAL APPROPRIATIONS $ 42,779,018
LESS:
ESTIMATED REVENUES (EXCLUDING INTERFUND REVENUES) $ 29,891,686
INTERFUND TRANSFERS $ 1,999,984
APPROPRIATED CASH SURPLUS TO REDUCE TAX LEVY $ -
TOTAL ESTIMATED REVENUES & $ 31,891,670 APPROPRIATED CASH SURPLUS ALL FUNDS General Fund 0 County Road 0 Machinery 0 Stop DWI Reserve 0
REAL ESTATE LEVY REVENUE $ 10,887,348
SUMMARY OF BUDGET SUMMARY OF BUDGET 2013
ALL FUNDS TOTAL APPROPRIATIONS OF ALL FUNDS (EXCLUDING INTERFUND TRANSFERS) $ 42,063,065
INTERFUND TRANSFERS $ 3,170,237
TOTAL APPROPRIATIONS $ 45,233,302
LESS:
ESTIMATED REVENUES (EXCLUDING INTERFUND REVENUES) $ 31,394,709
INTERFUND TRANSFERS $ 3,170,237
APPROPRIATED CASH SURPLUS TO REDUCE TAX LEVY $ -
TOTAL ESTIMATED REVENUES & $ 34,564,946 APPROPRIATED CASH SURPLUS ALL FUNDS General Fund 0 County Road 0 Machinery 0 Stop DWI Reserve 0
REAL ESTATE LEVY REVENUE $ 10,668,356
SUMMARY OF BUDGET
Juventas Physical, Occupational and Speech Therapy Services, A 128 Kristina Cummings, DO, 99 Agreement/Contract/Proposal Krists Coats, 95 Adjusters International/Basloe, Levin & Coccaro, LTD, 63 Laboratory Corporation of America, 80 AIM Independent Living Center, 161 Lakeside Veterinary Services, 69 Aime L. Keller, 132 Larry M. States, 33 Aimee Churchill, 148 Leahy Company, 131 All Mode Communications, Inc, 149 Lighthouse Investigations & Services, 147 Amber Salzer, 75 Mansoor A. F. Kazi, PhD, 70 Amendment, ARC of Schuyler, 71 Marilyn Jones, IT Director Duties, 92 Amendment, ARC of Schuyler County, Public Transit, 6 Mastermind Entertainment, 98, 129 Amendment, Binghamton Road Electric, 19 Medtox Laboratories, Inc., 170 Amendment, Catholic Charities 1st Step Victim Services, 38 Monroe County, Death Investigative Services, 65 Amendment, Elavon, Inc., 133 MOU, Highway Sick Bank, 131 Amendment, GTL, Inc dba Link to Life, 14, 99 Municipal Solutions, Inc, 60 Amendment, Hunt Engineers, Seneca Harbor Park, 19 New York State Coordination Program, 88 Amendment, Icon Enterprises, Inc dba CivicPlus, 86 New York State Department of Taxation & Finance, 83 Amendment, KVS Information Systems, Centralized Collection, 84 New York State Early Intervention, 55, 115 Amendment, One Call, One Click Transportation, 170 NTS Data Services, LLC, 7 Amendment, Outside Agency Internet Services, 167 NYS Office for the Aging, Medicare Improvements Funding, 171 Amendment, Schuyler County Probation, 162 NYS Office for the Aging, NY Connects Year 8, 127 Amendment, TenEleven, Inc, 15, 130 Orrick, Herrington & Sutcliffe, LLP, 26 Amendment, Watkins Glen Area Chamber of Commerce, 53 Pauline Young, 68 Amendment, Yates County, 156 PINS Diversion Program, 138 Automatic Data Processing (ADP) Inc., 89 Pitney Bowes, Inc., 148 Beaver Dams Fire Department, 4 Pooling Site Locations, 133 Behavioral Interventions, Inc, 71 Preschool Providers Group, 69 Bonadio & Company, Auditing Services, 5 Preschool Services Providers, 69 Bonadio & Company, Occupancy Tax, 44 Pro Action of Steuben and Yates, 37 Bonita Davis, 15 Pro Action, Phone Services, 39 Catholic Charities of the Southern Tier, 53 Public Employer Risk Management Association, 85 Catholic Charities, HEAP Program, 137 Results Leadership Group, LLC, 99 Catholic Charities, Matter of Balance Program, 157 Rodney Jaynes, 105 Catholic Charities, RSVP, 157 Schooner Excursions Electrical Use, 72 Center for Disability Rights, Inc, 161 Schuyler County Community Services, 102 Change Order, Silverline Construction, 164 Schuyler County Office for the Aging, 162 Child Care Council, 139 Schuyler County Sheriff's Department, 162 Cornell Cooperative Extension, 53 Schuyler Hospital, Inc., 157 Cornell Coopertive Extension, Food Stamp Nutrition, 131 Seniors Helping Seniors, 128, 158 County Wide Assessing Services, 132 Serving the Elderly Through Project Planning (SEPP), 157 CSEA, Snow Plowing, 94 Settlement Agreement AT&T, 7 Davenport University, 159 Sharron Hilliard, 117 Davis Ulmer 5 year, 101 Southern Tier Network Lease, 49 Day Automation Systems, Inc, 149 Stafkings, 55 Eastern Copy, 21 Stafkings Healthcare Systems, Inc., 161 Elavon, Inc, 116 State University of New York, 16 Elmira Psychiatric Center, 19 Steinmetz Planning Group, 87 Escrow Account, Public Health, 55 Stericycle, 55 Extension, Silverline Construction for Structural Maintenance, Steuben County Highway Department, 20, 165 131 Stipulation and Release of Claims, 29 Extension, Steinmetz Planning Group, 170 Supervised Visitation, Family Play & Resource Center, 14 Ford Motor Credit Company, 13 Susan Larson, 52 Fringe Benefits for 35 to 40 hours worked, 89 Systech International, LLC, 110 Glove House, Inc., 162 The New Falls Home, LLC, 161 GTL, Inc dba Link to Life, 15 TruGreen, 77 Harmony Information Systems, Inc., 4 Unifirst, 150 Hunt Architects & Surveyors, Pier & Dock Inspection, 109 Waterfront Lease, SCIDA, 114 Huther Doyle Memorial Institute, Inc., 158 Wendy Apgar, 63 Ivans, Inc, 159 William S. Clark, 168 Jennifer Geck Photography, 42 Yates County, Boarding Prisoners, 146 Youth Bureau and Social Services, PINS Diversion, 54 Agriculture District 2013 Annual Enrollment, 97 Amendment, County Wide Comprehensive Plan, 14 SEQR, Annual Enrollment for 2013, 88 Amendment, District Attorney, 64 Appointment Amendment, Public Health, 98 Chairman, 1 Amendment, Social Services, 137, 148 Chief Coroner, 2 Amendment, Software Community Services, 31 Commissioner of Social Services, 18 Amendment, Unallocated Insurance, 87, 114 Community Services Board, 80 Set Public Hearing Date, 140 Compliance Officer, 90 Coroner, 141 C County Historian, 2 Democratic Deputy Commissioner, 3 Communication Towers, 88 Mental Health Subcommittee, 98 County Wide Comprehensive Plan, 52 Office for the Aging Advisory, 66 Planning Commission, 45 Republican Deputy Commissioner, 3 D Schuyler Head Start Board of Directors, 150 Dedication of Proceedings, 174 Special Committee, 8, 10, 11, 12, 27, 28 Delegate Authority, 53 Appropriate Amounts Limited Delegation of Authority, Health Management Systems, 2014 Budget, 154 70 Approval/Authorization Real Property Tax Director to Authorize Correction, 2 2014 Seasonal Rates, Marina, 163 Designation Alternative to Incarceration 2013-2014, 64 Depositories, 1 Annual Implementation Plan, Office for the Aging, 147 Legal Newspaper, 1 Architectual Concrete Plus, LLC, 109 Discontinue Compensation, Acting Community Services Director, 106, 117 Families First Program, 37 Contributing Funds, Harris Beach, PLLC, 156 Highway Material Bid Proceedure, 29 Increasing Hours, Public Health Specialist, 151 F Purchase Used Tandem Dump Truck, 82 Fund STOP DWI Plan for 2014, 127 Appropriate Marchiselli Program Eligible Costs, 80 Summer Youth Employment Program, 53 Appropriate Marchiselli Program State Aid, 81 Town of Hector Delinquent Water Bills, 166 Transfer, Contingency, Planning Director Salary, 115 Town of Reading Delinquent Water & Sewer Bills, 166 Transfer, Contingency, Shared Public Works Facility, 152 Youth Bureau Resource Allocation Plan, 53 Transfer, Contingency, Sheriff, 142 Assign Duties/Consolidation Transfer, Coroner, 137, 170 Youth Bureau and Social Services, 18 Transfer, General Liability Insurance, 27 Transfer, Human Resources, 142 B Transfer, Settlement Agreement, 105 Transfer, Sheriff's Office, 156 Bid Transfer, Year End Multiple Departments, 174 Accept/Reject, Mill Street Bridge Replacement, 39 Accept/Reject, Month to Month Lease Dog Pound Property, 80 Accept/Reject, Transporation of Preschool Children with G Disabilities, 68 Grant Advertisement, Dog Pound Property, 39 Acceptance, 2013- 2014 Aid to Prosecution, 87 Advertisement, Mill Street Bridge Replacement, 4 Acceptance, Disaster Relief, 60 Advertisement, Month to Month Lease, Dog Pound Property, 72 Acceptance, Local Government Efficiency Grant, 167 Advertisement, Transportation of Preschool Children with Acceptance, New York State Board of Elections, 75 Disabilities, 16 Acceptance, Rabies, 37 Authorization, Lamoka/Waneta Lakes Application & Monitoring, Acceptance, Systems of Care Innovation Fund, 130 6 Amendment, 2012 -2013 Public Health Emergency Preparedness, Authorization, Lamoka/Waneta Lakes Application & Monitoring, 67 6 Amendment, 2012-13 Lead Grant, 18 Bond Amendment, 2013-13 Children with Special health Care Needs, Highway Projects & Equipment, 42 17 Budget Amendment, 2013-13 Immunization, 17 2014 Complies with Tax Cap, 31 Amendment, Homeland Security, Public Health, 79 Adoption, 153 Application, 2013 Byrne Jag Recovery Act, 127 Alteration, Lamoka/Waneta Lakes Protection Rehabilitation Application, 2013-2014 Snowmobile Grant, 137 District, 145 Application, 5311 Funding, 7 Alteration, Mental Health, 144 Application, Children and Family Services Trust Fund, 4 Alteration, Office for the Aging, 144 Application, Community Development Block Grant, 113 Alteration, Planning, 144 Application, Emergency Management Performance Grant, 34, Alteration, Probation, 144 146 Alteration, Social Services, 144 Application, FY2013 Hazmat Grant Program, 108
Application, Hazardous Material Emergency Management P Preparedness, 127 Application, Homeland Security Preparedness, 96 Petty Cash, Discontinue, Highway Department, 21 Application, Local Records Managment Improvement Fund, 165 Policy Application, Municipal Waste Reduction, 91 Adoption, Highway Sign Shop Procedure, 109 Application, National Association of City and County Health Adoption, Homeland Security Grant Administration Operating Officials, Capacity Building Award, 129 Guideline, 105 Application, Schuyler/Yates Consolidation Study, 50 Adoption, Permit for Driveway Installation & Replacement, 20 Application, Suicide Prevention, 54 Adoption, Purchasing Policy Procedure, 2 Application, United Way for Family Play & Resource Center, 14 Adoption, Variable Messae Sign (VMS), 57 Application, Violence Against Woman, 36 Adoption, Watershed Revised Fee Scale, 16 Applications, 2014 Child Safety Seat Program, 64 Adoption,Tree & Shrub Removal, 21 Authorization, Greater Southern Tier BOCES, Shared Services, 26 Amendment, Fixed Assets, 5 Establishment, 2013-2014 Annual LEAD Grant, 128 Amendment, Management Confidential Salary Plan, 132 Establishment, 2013-2018 Immunization, 79 Update, Probation Department Policy and Procedures, 97 Extension, New York State Office of Victim Services, 97 Position Extension, Systems of Care, 37 Change, Food Server Helper, 54 Create,Party Coordinators, 116 L Decreasing Hours, Aging Services Aide, 105, 116 Decreasing Hours, Keyboard Specialist, Social Services, 38 Lamoka/Waneta Lakes Decreasing Hours, Payroll Clerk, 110 2013 Assessment Roll, 168 Filling, Community Services Director, 106, 135 Aeration System Construction SEQR, 152 Filling, Compliance Officer, 90 Bid Authorization, 6 Filling, Deputy Commissioner of Social Services, 133 Bids, 28 Filling, Deputy County Clerk Trainee, 139 Directing the 2014 Tax Levy, 168 Filling, Director of Public Health, 95 Reserve Account Clarification, 65 Filling, Information Technology Administrator, 90 Setting Public Hearing, 150 Filling, Less than Full Time Youth Employment Supervisor, 76 Local Government Filling, Planning Director, 142 Continuity, 1 Filling, Real Property Tax Director, 110 Local Law Filling, Senior Caseworker, 149 Chairmans Salary for theYear 2014, 93 Filling, Senior Registered Professional Nurse, 18 Director of Finance, 22, 45 Filling, Temp Full Time Correction Sergeant, 29 Setting Salaries Elected Officials, 76 Increasing Hours, Keyboard Specialist, 160 Setting Salaries Public Officers, 141 Increasing Hours, Less Than Full Time Social Services Investigator, Setting Salaries Public Officials, 151 160 Setting Slaries Certain Elected Officials, 58, 74 Increasing Hours, Watershed Assisstant, 159 Term Limits, 59 Public Entertainment Declare Negative Declaration, 86 Lead Agency, 75 N Licensing/Permits, 103 Notice of Claim Designation, 103 NYS Legislature Q Casino Gaming, 140 Election Districts, Small Counties, 60 Quotes Elmira Psychiatric Center, 108 Accept/Reject, American Loss Prevention Services, Inc, 100 Highway Improvement Program, 39 Accept/Reject, Bouille Electric, Inc, 101 Highway Structural Reform, 40 Accept/Reject, CPE Communications Security dba InterLink, 100 Local Bridge & Culvert Programs, 41 Local Government Records Improvement Management Fund, 26 R Monterey Schock Facility Closure, 125 Mortgage Foreclosure Property Maintenance, 59 Request for Proposal Restore 50/50 Funding Cost Sharing Safety Net Program, 171 Accept/Reject, One Call/One Click Transportation, 147 Advertise One call One click Transportation Resource Software, O 98 Fiscal Intermediary, 67 Opposition Rescind, 117, 129, 164 Amending New York State Insurance Law, 36 MOU Marilyn Jones, 103 Amendments to Election Law, 29 Rules of Proceedure Clean Water Act Draft, 72 Conform, 2 Secure Ammunition and Firearms Enforcement (SAFE) Act, 35 Secure Ammunition And Firearms Enforcement (SAFE) Act, 56 S Salary Schedule Adoption, 2 Tax Corrections for Step Years of Service, 27 Amendment, Town Contribution, 74 Shared Public Works Facility Correction, Town of Montour Tax Roll, 140 Fund Transfer, 152 Distribution Mortgage Tax, 165 Reconstruction Authorization, 122 Distribution, Mortgage Tax, 84 Special Committee Refund or Credit, Real Property Taxes, 110 Abolish, Community Home Health Care Professional Advisory, 67 Sales & Use Tax Renewal, 8 Special Meeting Ratification, 33, 62, 94, 119, 125, 135, 144 Sales & Use Tax, Amendment, 44 Standard Work Day 2013, 102 Sales Tax Extension, 119 Surplus/Junk Equipment Town Contribution, 154 Multiple Departments, 5, 82, 138, 172 Unpaid School Taxes Relevied, 174 Transit Bus, 22 Tax Levy 2014 Equalization Rates, 167 T W Tabled/Failed, 57, 138 Term Limits Local Law, 104 Withdrawn, 21, 45, 73, 76, 92, 111, 117