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					REGULAR SESSION – THURSDAY, FEBRUARY 12, 2009 The Yates County Legislature convened in regular session, Thursday, February 12, 2009 in the Legislative Chambers at 1:00 p.m., Chairman Robert Multer presiding. A moment of silence was observed for Penn Yan Village Street Superintendent, Randy Jensen. Minutes of the December 29th and January 12th meetings were approved as presented. Chairman Multer asked for a report of the auditing committees they were approved as presented.

Airport Fund Airport Accounts Payable Finance Flint Creek Government Operations Human Services Prior To Audit Public Safety Public Works

$ 59,693.98 $ 16,300.00 $175,379.41 $ 13,524.00 $ 59,126.31 $400,434.42 $ 50,692.53 $ 79,152.72 $309,491.32

Committee reports Mr. Dennis stated that he had the pleasure of attending his first NYSAC conference in Albany. He also completed the Pelletier Institute for newly elected and appointed County Officials and has the goal of completing the Pelletier Institute Certificate program. Mrs. Flood reported the Back Pack Program, which is funded by private donations, is doing well. Mrs. Flood went on to report that the food pantries have been busy with new people who have been laid off with families and senior citizens. Mrs. Flood reminded everyone that the County program, if someone needs to get on food stamps, is available through the Office of the Aging. Appointment Chairman Multer appointed June Pendleton to a two year term on the Fish and Wildlife Management Advisory Board. RESOLUTION NO. 45-09 Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Willson. APPOINT YATES COUNTY FIRE INVESTIGATION TEAM MEMBER (Burritt)

NOW, THEREFORE, BE IT RESOLVED, that upon the recommendation of the Sheriff and the Fire Coordinator that John Burritt of the Penn Yan Volunteer Fire Department is hereby appointed to the Yates County Fire Investigation Team and recognized as Deputy Fire Coordinator for that purpose, and RESOLVED, that a copy of this resolution be provided the Sheriff and Director of OEM/Fire Coordinator. VOTE: Unanimous RESOLUTION NO. 46-09 Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate. EXTEND TEMPORARY CORRECTION OFFICER POSITION WHEREAS, Resolution 417-08 created a temporary Correction Officer position for ninety day period which ended January 30, 2009 and due to fact that a full-time officer is not available for duty due to administrative actions and the vacancy results in excessive overtime, as well as other officers attending mandatory training for six weeks the temporary position needs extending for efficiency of operations, NOW, THEREFORE, BE IT RESOLVED, that the Sheriff is authorized to extend the appointment of the temporary Correction Officer at the YCDSA contract “start” rate of pay for a sixty day period commencing January 31, 2009 to fill this absence and should the officer return to active duty sooner than anticipated then the Sheriff is authorized to end the time period forthwith sooner for this temporary position, and further RESOLVED, that a copy of this resolution be provided the Sheriff, Treasurer, Personnel Officer, Budget Officer and the YCDSA. VOTE: Unanimous RESOLUTION NO. 47-09 Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Holgate. ACCEPT EQUIPMENT DONATION WHEREAS, in December Florence Gilkey of Canandaigua, NY donated to the Sheriff’s Office a nearly new condition Car Mate sixteen feet double axel and doors enclosed utility trailer that augments law enforcement storing and getting special equipment to incidents when required, NOW, THEREFORE, BE IT RESOLVED, that this item is accepted as a donation and the Sheriff shall add to the county inventory and his agency resources accordingly, and

RESOLVED, that the Sheriff shall be provided a copy of this resolution. VOTE: Unanimous RESOLUTION NO. 48-09 Mrs. Alexander offered the following resolution and moved its adoption, seconded by Mr. Dennis. AUTHORIZE CHAIRMAN TO SIGN AGREEMENTS WITH THOMSON WEST WHEREAS Thomson West has terminated the subscription of the District Attorneys in office; and WHEREAS, in order to continue the subscription the District Attorneys office is required to enter into a new written contractual agreement; and WHEREAS, the District Attorney needs to maintain the subscription to the New York Statutes Annotated; and WHEREAS such subscription will be at a cost of $163.10 per month for a period of two years; and WHEREAS, such subscription contract is for a period of two years with the increase in cost for the second year of the contract limited to six percent (6%), and WHEREAS, the contract contains a “municipal termination clause” that provides that if the subscriber fails to receive sufficient appropriation of funds or authorization for such expenditure, the subscriber may cancel with 30 days notice upon certification in writing that sufficient funds are not appropriated or available for such expenditure, and there will be no charges or other liability; NOW, THEREFORE, BE IT RESOLVED, that the District Attorney is authorized to sign such contract upon approval by the Yates County Attorney; and be if further RESOLVED, that the District Attorney, the Treasurer, and the County Administrator be provided with a copy of this resolution. VOTE: Unanimous RESOLUTION NO. 49-09 Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House. APPOINT MEMBER TO HEALTH SERVICES ADVISORY BOARD

RESOLVED, that the following Yates County representative be appointed to the S AY Rural Health Network joint Health Services Advisory Board to serve the remainder of the term as the Yates County Community Representative:
2

Dr. David Schirmer and be it further

02/12/09-12/31/11

RESOLVED, that a copy of this resolution be sent to the Public Health office. VOTE: Unanimous RESOLUTION NO. 50-09 Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch. RENEW AGREEMENT FOR PUBLIC HEALTH RESOLVED, that the Chairman is hereby authorized to sign the following agreements on behalf of the Public Health Department: Vendor Community Services Type Period Rate $25,572.00 including the COLA of $234.00 for 1/09-4/09 Waive Liability? Yes

Transitional Case 01/01/09Management 12/31/09

and be it further RESOLVED, that a copy of this resolution be sent to the Public Health Office and to the Yates County Treasurer. VOTE: Unanimous RESOLUTION NO. 51-09 Mr. Paddock offered resolutions 51 and 52-09 and moved their adoption, seconded by Mr. House. SIGN AGREEMENT WITH EDGAR WEDGE FOR EMS TRAINING RESOLVED, that the Chairman is hereby authorized to sign an agreement with Edgar Wedge for the period January 1, 2009 through December 31, 2013 at the following rates: Certified Instructor Coordinator $25.30/HR

and be it further RESOLVED, that Resolution #172-08 be rescinded and be it further RESOLVED, that a copy of this resolution be sent to the Public Health office, the office of Emergency Management, the Personnel Department, and the Edgar Wedge. VOTE: Unanimous RESOLUTION NO. 52-09 SIGN AGREEMENT WITH RICHARD HARPER FOR EMS TRAINING RESOLVED, that the Chairman is hereby authorized to sign an agreement with Richard Harper for the period January 1, 2009 through December 31, 2013 at the following rates: Certified Instructor Coordinator $25.30/HR and be it further RESOLVED, that Resolution #172-08 be rescinded and be it further RESOLVED, that a copy of this resolution be sent to the Public Health office, the office of Emergency Management, the Personnel Department, and Richard Harper. VOTE: Unanimous RESOLUTION NO. 53-09 Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch. AUTHORIZATION FOR PAYMENT TO HUMAN SERVICE DEVELOPMENT RESOLVED, that the treasurer is hereby authorized to pay the voucher received from Human Service Development for services rendered in January 2009 in amount of $16,233. And be it further RESOLVED, that a copy of this resolution be sent to the Public Health office and the Treasurer. VOTE: Unanimous RESOLUTION NO. 54-09

Mr. Paddock offered resolutions 54 and 55-09 and moved their adoption, seconded by Mrs. Flood. AUTHORIZE CONTRACT RENEWALS FOR RESIDENTIAL AND NON- RESIDENTIAL DOMESTIC VIOLENCE SERVICES WITH FAMILY COUNSELING SERVICES OF THE FINGER LAKES, INC. RESOLVED, that contingent upon the approval of the County Attorney, the Chairman of this Legislature and the Commissioner of Social Services be authorized to sign contract renewals for the provision of residential and non-residential domestic violence services for community residents with Family Counseling of the Finger Lakes for the period January 1, 2009 through December 31, 2009 at the following rates: NON-RESIDENTIAL Services - $5,000 for the year 2007 RESIDENTIAL Services - $31.13 per person per day (or as set by New York State) RESOLVED, that a copy of this resolution be forwarded to the Department of Social Services. VOTE: Unanimous RESOLUTION NO. 55-09 AUTHORIZE CONTRACT FOR DOMESTIC VIOLENCE CASE MANAGEMENT SERVICES RESOLVED, that contingent upon the review of the County Attorney, that the Chairman of the Yates County Legislature and the Social Services Commissioner be authorized to sign a contract with Rape and Abuse Crisis Services of the Finger Lakes, Inc. for the provision of domestic violence case management services an amount not to exceed $50,000 (fully funded by State funding) for the period 2/10/09 -2/10/10 , and be it further RESOLVED, that copies of this resolution be forwarded to the Yates County Treasurer and the Department of Social Services. VOTE: Unanimous RESOLUTION NO. 56-09 Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Webster. AMEND CONTRACT WITH KINSHIP YOUTH AND FAMILY SERVICES, INC. FOR THE INTENSIVE HOME BASED SERVICES PROGRAM TO CORRECT

STARTING DATE RESOLVED, that after review by the County Attorney, the Chairman of the Legislature and the Social Services Commissioner be authorized to sign a contract renewal with Kinship Youth and Family Services, Inc. for the administration of the Intensive Home –based services program for youth at risk of PINS status/placement for the period 10/1/08- 12/31/09 at a cost not to exceed $73,292 (special state allocations), and be it further RESOLVED, that copies of this resolution be forwarded to the Yates County Department of Social Services and the Yates County Treasurer. VOTE: Unanimous RESOLUTION NO. 57-09 Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. House. APPOINT MEMBER TO THE YATES COUNTY COMMUNITY SERVICES BOARD BE IT RESOLVED, that the Yates County Legislature appoint Kathryn T. Smeenk, residing at 806 W. Bluff Drive, Keuka Park NY, 14478-0084, to the Yates County Community Services Board for a four year term beginning January 1, 2009 through December 31, 2012, and be it further RESOLVED, that a copy of this resolution be provided to Kathryn T. Smeenk and to the Yates County Department of Community Services. VOTE: Unanimous RESOLUTION NO. 58-09 Mr. Paddock offered the following resolution and moved its adoption, seconded by Mr. Fitch. DECREASE WORKFORCE DEVELOPMENT WIA YOUTH BUDGET WHEREAS, the Finger Lakes Workforce Investment Board has ended the HITECH WIA Youth grant which is reflected in the Workforce Development WIA Title I Youth Budget, NOW, THEREFORE, BE IT RESOLVED, that Revenue account CD 4791.0 be decreased by the amount of $1,590.53, and be it further RESOLVED, that appropriations be made as follows: CD6293.11C WIA Title I Youth Part. Wage CD6293.81C WIA Title I Youth Part. Fringe $ 1,444.81 $ 145.72

AND be it further RESOLVED, that copies of this resolution be provided to the Workforce Development Director, and the Yates County Treasurer. VOTE: Unanimous RESOLUTION NO. 59-09 Mr. Paddock offered the following resolution and moved its adoption, seconded by Mrs. Alexander. RESOLUTION SUPPORTING GOVERNOR PATERSON’S PROPOSAL TO FIX THE INDIGENT LEGAL SERVICES FUND MAINTENANCE OF EFFORT PROVISION WHEREAS, in recent years Yates County and an increasing number of other counties in New York have not been able to meet the Maintenance of Effort (MOE) required by the State of New York through its Indigent Legal Services Fund (ILSF) and therefore have become ineligible to receive an allocation from the fund, and WHEREAS, given that Yates County will lose 100% of its State ILSF allocation or $65,975 this year and other counties also are at risk of losing funds, the State must work with counties to develop a reasonable solution that will not adversely impact the delivery of indigent defense services within a county, and WHEREAS, the existing MOE provisions are problematic as local defense costs can fluctuate significantly from year to year due to caseloads and case complexity, and WHEREAS, the existing system discourages providers of indigent legal defense form finding efficiencies and assumes that spending more money equates to providing better services, and WHEREAS, Governor Paterson has included language in his 2009-2010 budget proposal that would provide additional predictability for counties as they budget for indigent defense services and determine available State funding for future years, and WHEREAS, this legislation would modify the current MOE by using a three-year average of local expenditures for the basis of the MOE calculation as opposed to recalculating the MOE annually, and WHEREAS, the bill further stipulates that, in the event a county still does not meet the maintenance of effort, the county would lose only a percentage of its ILSF funding instead of 100% of its share,

NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature supports Governor Paterson’s proposal to fix the chronic issues Yates County and other counties face with the ILSF Maintenance of Effort provision, and be it further RESOLVED, that copies of this resolution be given to Governor Paterson, Senator George H. Winner, Jr., Assemblyman Jim Bacalles, the New York State Association of Counties, the Yates County Public Defender and the Yates County Administrator. VOTE: Unanimous RESOLUTION NO. 60-09 Mr. Fitch offered resolutions 60-09 thru 65-09 and moved their adoption, seconded by Mr. House. CORRECT 2009 TAX ROLL MIDDLESEX TAX MAP NO. 3.02-1-8 WHEREAS, an application has been made to correct the 2009 Town of Middlesex Roll on tax map number 3.02-1-8 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director has verified that pursuant to RPTL 550(2)(h) a clerical error has been made. NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax map number 3.02-1-8 on the 2009 Town of Middlesex Tax Roll be corrected to read as

County Town School Relevy Middlesex Amb. Middlesex Fire Unpaid Water Total and be it further

Billed $ 432.13 447.90 576.41 24.41 56.14 142.02 1,679.01

Should Be $ 432.13 447.90 -024.41 56.14 -0960.58

Difference $ -0-0(576.41) -0-0(142.01) (718.43)

RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and be it further

RESOLVED, that a copy of this resolution be sent to the Middlesex Town Clerk, the Director of Real Property Tax Service and the County Treasurer. VOTE: Unanimous RESOLUTION NO. 61-09 CORRECT 2009 TAX ROLL MILO TAX MAP NO. 49.76-1-19 WHEREAS, an application has been made to correct the 2009 Town of Milo Roll on tax map number 49.76-1-19 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director has verified that pursuant to RPTL 550(2)(h) a clerical error has been made. NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax map number 49.76-1-19 on the 2009 Town of Milo Tax Roll be corrected to read as

County Town School Relevy Village Relevy Total and be it further

Billed $ 259.80 54.55 127.82 673.16 1,115.33

Should Be $ 259.80 54.55 -0-0314.35

Difference $ -0-0(127.82) (673.16) (800.98)

RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and be it further RESOLVED, that a copy of this resolution be sent to the Milo Town Clerk, the Director of Real Property Tax Service and the County Treasurer. VOTE: Unanimous RESOLUTION NO. 62-09 CORRECT 2009 TAX ROLL JERUSALEM TAX MAP NO. 81.02-1-21 WHEREAS, an application has been made to correct the 2009 Town of Jerusalem Roll on tax map number 81.02-1-21 pursuant to Section 554 of the Real Property Tax

Law and Patricia Brede, Real Property Tax Director has verified that pursuant to RPTL 550(2)(g) a clerical error has been made. NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax map number 81.02-1-21 on the 2009 Town of Jerusalem Tax Roll be corrected to read as

Town County School Relevy Branchport F.D. Total and be it further

Billed $ 44.67 116.53 325.33 8.17 494.70

Should Be $ 14.73 38.45 107.31 2.69 163.18

Difference $ (29.94) (78.04) (218.02) ( 5.48) (331.52)

RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and be it further RESOLVED, that a copy of this resolution be sent to the Jerusalem Town Clerk, the Director of Real Property Tax Service and the County Treasurer. VOTE: Unanimous RESOLUTION NO. 63-09 CORRECT 2009 TAX ROLL JERUSALEM TAX MAP NO. 46.04-1-34 WHEREAS, an application has been made to correct the 2009 Town of Jerusalem Roll on tax map number 46.04-1-34 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director has verified that pursuant to RPTL 550(2)(i) a clerical error has been made. NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax map number 46.04-1-34 on the 2009 Town of Jerusalem Tax Roll be corrected to read as

Billed

Should Be

Difference

Town County School Relevy Branchport F.D. Total and be it further

$ 210.89 550.13 -038.57 799.59

$ 210.89 550.13 506.02 38.57 1,305.61

$ (-0-) (-0-) 506.02 (-0-) 506.02

RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and be it further RESOLVED, that a copy of this resolution be sent to the Jerusalem Town Clerk, the Director of Real Property Tax Service and the County Treasurer. VOTE: Unanimous RESOLUTION NO. 64-09 CORRECT 2009 TAX ROLL JERUSALEM TAX MAP NO. 47.03-1-15 WHEREAS, an application has been made to correct the 2009 Town of Jerusalem Roll on tax map number 47.03-1-15 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director has verified that pursuant to RPTL 550(2)(i) a clerical error has been made. NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax map number 47.03-1-15 on the 2009 Town of Jerusalem Tax Roll be corrected to read as

Town County School Relevy Branchport F.D. Total

Billed $ 105.44 275.07 537.80 19.29 937.60

Should Be $ 105.44 275.07 488.20 19.29 888.00 (506.02) 381.98

Difference $ (-0-) (-0-) (49.60) (-0-) (49.60) (506.02) (555.62)

Paid Penn Yan Central School Due from Taxpayer

and be it further RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and be it further RESOLVED, that a copy of this resolution be sent to the Jerusalem Town Clerk, the Director of Real Property Tax Service and the County Treasurer. VOTE: Unanimous RESOLUTION NO. 65-09 CORRECT 2009 TAX ROLL BARRINGTON TAX MAP NO. 112.03-1-12.1 WHEREAS, an application has been made to correct the 2009 Town of Barrington Tax Roll on tax map number 112.03-1-12.1 pursuant to Section 554 of the Real Property Tax Law and Patricia Brede, Real Property Tax Director has verified that pursuant to RPTL 550(2)(f) a clerical error has been made. NOW, THEREFORE, BE IT RESOLVED, that the application be granted and that the taxes levied against tax map number 112.03-1-12.1 on the 2009 Town of Barrington Tax Roll be corrected to read as

County Town School Relevy Dundee F.D. Total and be it further

Billed $ 53.12 38.85 108.06 8.46 208.49

Should Be $ -0-0-0-0-0-

Difference $ (53.12) (38.85) (108.06) ( 8.46) (208.49)

RESOLVED, that the officer having jurisdiction of the tax roll correct said roll, and be it further

RESOLVED, that if the taxes have been paid that the amount of overpayment be refunded to the payer and the resulting differences in taxes be credited or charged back to the appropriate municipalities as the case may be, and be it further RESOLVED, that a copy of this resolution be sent to the Barrington Town Clerk, the Director of Real Property Tax Service and the County Treasurer. VOTE: Unanimous RESOLUTION NO. 66-09 Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Flood. AUTHORIZE THE ADVANCE USE OF COUNTY FUNDS, AUTHORIZE THE PAYMENT OF THESE FUNDS BY COUNTY TREASURER AND APPROPRIATE THE FUNDING FOR YATES COUNTY HOMEOWNERSHIP (HUD) ASSISTANCE PROGRAM GRANT AWARDED IN 2008 WHEREAS, Yates County received a 2008 Small Cities Block Grant in the amount of $750,000 for the Yates County Homeownership Program and WHEREAS, these funds will be needed at the time of the client’s closing date for the transfer of deed, it is hereby authorized that the Yates County Treasurer is authorized to use County funds and then request the necessary reimbursement from the Governor’s Office for Small Cities and be it further RESOLVED, that the 2008 funds be appropriated as follows: Appropriation CE8989.4171 (Homeownership Grants) CE8989.4172 (Program Delivery) CE8989.4173 (Rehabilitation Assistance) CE8989.4174 (Inspections) CE8989.4175 (General Administration)

$481,800 90,900 121,500 16.500 39,300 $750,000

Revenue CE4990.0 (Federal Aid-HUD) and be it further

$750,000

RESOLVED, that a copy of this resolution be given to the Planner, Budget Officer and County Treasurer. VOTE: Unanimous RESOLUTION NO. 67-09

Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Dennis. RESOLUTION APPROVING THE OFFICIAL UNDERTAKING OF PUBLIC EMPLOYEES FIDELITY (BLANKET) BOND FOR GENESEE/FINGER LAKES REGIONAL PLANNING COUNCIL WHEREAS, the County has appropriated the sum of $6,647.00 as its share of the Year 2009 operating funds of the Genesee Finger Lakes Regional Planning Council; and WHEREAS, pursuant to Section 119-00 of the General Municipal Law of the State of New York, the County is authorized to provide for the payment of such appropriations to an officer of the agency designated by the agency to receive such monies provided that such officer shall have executed an official undertaking approved by the governing body of the County; and WHEREAS, the Genesee Finger Lakes Regional Planning Council has designated David S. Zorn, Director of the Council, as the officer to receive payments of such monies; and WHEREAS, the Genesee Finger Lakes Regional Planning Council has secured a Public Employees Fidelity (Blanket) Bond, issued by National Grange Mutual Insurance Company, providing faithful performance blanket bond coverage for officers and employees of the Council in the amount of $500,000; NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature hereby approves such bond as the official undertaking required pursuant to Section 11900 of the General Municipal and be it further RESOLVED, that copies of this resolution be given to the County Planner, the County Administrator, the County Treasurer and David S. Zorn, Director of the Council. VOTE: Unanimous RESOLUTION NO. 68-09 Mr. Fitch offered the following resolution and moved its adoption, seconded by Mrs. Flood. SET DATE FOR PUBLIC HEARING ON LOCAL LAW 1-09 ENTITLED
A LOCAL LAW TO INCREASE TAX EXEMPTION FOR PERSONS 65 YEARS OF AGE OR OVER

RESOLVED, that the Clerk of the Yates County Legislature is directed to advertise a public hearing on proposed law 1-09 A Local Law To Increase Tax Exemption For Persons
65 Years Of Age Or Over

BE IT RESOLVED, said public hearing shall be held February 23, 2009 at 6:00PM in the Yates County Legislative Chambers, 417 Liberty Street, Penn Yan, NY.

NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underling to indicate new matter. County City of Town Village

Yates

Local Law No. 1-09 A LOCAL LAW TO INCREASE TAX EXEMPTION FOR PERSONS 65 YEARS OF AGE OR OVER (Insert Title) Be it enacted by the Legislature of the County of Yates_ as follows: City Town Village BE IT ENACTED by the County Legislature of the County of Yates as follows: Local Law No. 3-73 Section 5(a) as last amended by Local Law 1-89 and Local Law 3-08 is hereby amended to read as follows: SECTION 5. Limitations on Exemption The amount of income to determine eligibility for tax exemption under section 467 of the Real Property Tax Law is increased to $11,650.00. The income eligibility sliding scale set forth under section 467(b)(1), (b)(2), and (b)(3) of the Real Property Tax Law shall continue for property owners exceeding the $11,650.00 income eligibility level. Percentage Assessed Valuation Exempt From

Annual Income Taxation $0 $11,650.01 to to

$11,650.00 $12,649.99

50% 45%

$12,650.00 $13,650.00 $14,650.00 $15,550.00 $16,450.00 $17,350.00 $18,250.00 $19,150.00 $20,050.00

to to to to to to to to

$13,649.99 $14,649.99 $15,549.99 $16,449.99 $17,349.99 $18,249.99 $19,149.99 $20,049.99 or more

40% 35% 30% 25% 20% 15% 10% 5% 0%

This increase shall be effective with the 2009 assessment roll. VOTE: Unanimous RESOLUTION NO. 69-09 Mr. Fitch offered the following resolution and moved its adoption, seconded by Mr. Paddock. AMEND RESOLUTION NO. 85-08 (AUTHORIZE OCCUPANCY TAX REIMBURSEMENT ) WHEREAS, Resolution No. 85-08 allowed a credit to collectors of the tax for the purpose of reimbursing them for the costs of collecting and filing of the tax, and that credit was set at 3% reimbursement to a maximum of $30 per quarter, be it RESOLVED that said credit is hereby amended to 5% reimbursement to a maximum of $50 per quarter as a credit to off set the costs incurred by the lodging community in collecting the occupancy tax and shall take effect December 1, 2008 for the quarter payment due March 20, 2009, and be it further RESOLVED, that a copy of this resolution be given to the County Treasurer. VOTE: Unanimous RESOLUTION NO. 70-09 Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Fitch. AUTHORIZE CHAIRMAN TO SIGN MEMORANDUM OF UNDERSTANDING FOR ALLOCATION OF FUNDING WHEREAS, funding has been appropriated in the 2009 Yates County Budget for the following agencies: • • • • Yates County Chamber of Commerce Finger Lakes Tourism Alliance The Yates County Agricultural Society Retired & Senior Volunteer Program $ 57,238.00 $ 12,500.00 $ 1,039.00 $ 3,183.00

• •

Yates County Arts Council Yates County Genealogical and Historical Society

$ $

1,247.00 5,296.00

NOW, THEREFORE, BE IT RESOLVED, the Chairman of the Yates County Legislature is hereby authorized to sign said memorandums for the allocation for these funds, and be it further RESOLVED, that a copy of this resolution be provided to the County Treasurer. VOTE: Unanimous RESOLUTION NO. 71-09 Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Paddock. AUTHORIZE CHAIRMAN TO SIGN AGREEMENTS WITH ATTORNEYS WHEREAS, Yates County employs several part-time attorneys and WHEREAS, the county does not provided secretarial service for these attorneys and it is necessary for them to use their own law firm for secretarial service, NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Legislature is hereby authorized to enter into agreements with Public Defender Edward Brockman, Assistant Public Defender Keith Lord, and DSS Attorney Douglas Reynolds for secretarial services, and be it RESOLVED, that the county insurance requirements are hereby waived and be it further RESOLVED, that a copy of this resolution be provided to the County Treasurer. VOTE: Unanimous RESOLUTION NO. 72-09 Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach. REQUEST HOME RULE LEGISLATION TO AMEND TAX LAW IN RELATION TO THE IMPOSITION OF ADDITIONAL SALES TAX WHEREAS, in 2003 Yates County identified a 1% increase in its sales tax as a method for obtaining approximately $2 million per year in additional county revenue without imposing an additional burden on property owners through the property tax, and WHEREAS, the State Legislature subsequently approved and extension of this legislation effective December 1, 2007, and

WHEREAS, the authorization for this additional 1% sales tax expires on November 30, 2009, and WHEREAS, there is still a critical need for this additional sales tax revenue, NOW, THEREFORE, BE IT RESOLVED, that the Yates County Legislature hereby requests home rule legislation to extend the amendment to the tax law in relation to the imposition by the County of an additional 1% on the County portion of the sales tax rate in Yates County, and be it further RESOLVED, that copies of this resolution be given to Senator George H. Winner, Jr., Assemblyman Jim Bacalles, the Yates County Administrator and the Yates County Treasurer. VOTE: Unanimous RESOLUTION NO. 73-09 Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen. ADOPT 2009 EMPLOYEE BENEFITS FOR NON-UNION PERSONNEL WHEREAS, the Yates County Legislature has agreed to health insurance and other benefits for non-union personnel, NOW, THEREFORE, BE IT RESOLVED, that effective January 1, 2009, the Yates County Legislature adopts the following health insurance options and other benefits for nonunion personnel as listed below: Group I 1. Part-time employees not listed elsewhere and temporary employees as per Res. #76-96 No benefits except New York State Retirement to the extent required by law. May participate in medical and dental group insurance upon payment of the full monthly required premium if the employee maintains a minimum work schedule of at least seventeen (17) hours per week. Group II 1. 2. 3. 4. 5. 6. Assistant Public Defender Assistant County Attorney County Attorney County Legislator Director of Weights and Measures Insurance Manager

7.

8. 9. Benefits:

Medical Social Worker Part-time Licensed Professionals as per Res. #76-96 and Temporary Licensed Professionals Public Defender Social Services Attorney

1. New York State Retirement 2. Allowance if no medical coverage and part-time employee: 20% of County’s share of Blue Healthy Choices-B insurance premium for a single policy only Medical Options: 1. Health Insurance: Blue Healthy Choices B or Blue EPO-I (employee must contribute 5% of premium) – single policy only. Employees and elected officials must pay the difference for additional coverage. Employees (or elected officials) hired (or take office) after January 1, 2008 will only be offered the Blue Healthy Choices B plan. 2. Smile Saver I Dental Insurance (employee can purchase at full cost) 3. Medical Spending Account (maximum $3,500) 4. Dependent Care Spending Account (maximum $5,000) Group III 1. 2. 3. 4. County Clerk County Treasurer District Attorney Sheriff

Benefits: 1. New York State Retirement 2. Allowance if no medical coverage part-time or full-time employee: 20% of the County’s share of Blue Healthy Choices-B insurance premium Medical Options: 1. Health Insurance: Blue Healthy Choices B or Blue EPO-I (employee must contribute 5% of premium). Elected Officials (and full time non-union employees) that take office (or are hired) after January 1, 2008 will only be offered the Blue Healthy Choice B plan. 2. Smile Saver I Dental Insurance (employee can purchase at full cost) 3. Medical Spending Account (maximum $3,500) 4. Dependent Care Spending Account (maximum $5,000)

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.

Group IV Administrative Assistant (non-union full-time) Animal Control Officer Building Maintenance Supervisor Chief Deputy Chief Dispatcher Clerk of Legislature Commissioner of Social Services Confidential Assistant to Sheriff County Administrator County Historian Deputy Commissioner of Social Services Deputy County Clerk Deputy County Treasurer Deputy Director of Public Health Deputy Highway Superintendent Director of Income Maintenance & Child Support Director of Information Technology Director of Patient Services/Public Health Director of Real Property Tax Services Director of Veterans Services Election Commissioner Emergency Preparedness Director/Fire Coordinator First Assistant District Attorney Highway Superintendent Motor Vehicle Supervisor Personnel Assistant Personnel Officer Planner Probation Director Public Health Assistant Secretary to the District Attorney Second Assistant District Attorney Supervising Public Health Nurse Undersheriff Workforce Development and Youth Bureau Director

Benefits: Same as Group III and be it further RESOLVED, that a copy of this resolution be given to the Treasurer, the County Administrator and the Personnel Officer. VOTE: Unanimous

RESOLUTION NO. 74-09 Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen. AUTHORIZE CHAIRMAN TO SIGN CONTRACTS WITH TOWNS FOR DOG CONTROL SERVICE WHEREAS, the County has had an agreement with the Towns of Barrington, Benton, Italy, Jerusalem, Middlesex, Milo, Potter, Starkey, and Torrey for dog control services, and WHEREAS, it is necessary to renew said agreement with the Towns, NOW, THEREFORE, BE IT RESOLVED, that Yates County furnish dog control services to the Towns of Barrington, Benton, Italy, Jerusalem, Middlesex, Milo, Potter, Starkey, and Torrey from 1/1/09 to 12/31/10 with the same provisions as indicated in the previous agreement, and be it further RESOLVED, that copiers of this resolution be provided to the Towns and the Sheriff. VOTE: Unanimous RESOLUTION NO. 75-09 Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Banach. ESTABLISH PAYMENT FOR ELECTION WORKERS (VOTING MACHINE CUSTODIANS, VOTING MACHINE TECHNICIANS, ELECTION INSPECTORS AND POLLSITE WORKERS) WHEREAS, the New York State Election Law reflect that an election inspector who attends the required yearly training session conducted by the Election Commissioners shall be paid thirty dollars for each training session they attend in the County. No travel allowance will be paid for this training. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Election Commissioners, that the election inspectors be compensated as part time nonunion employees at a rate of $10.00 per hour for Primary, General and Special Elections, Election Inspectors acting as chair shall receive $12.50 per hour for Primary, General and Special Elections, and be it RESOLVED, upon the recommendation of the Election Commissioners any election worker who is assigned to travel outside of their town, shall be paid at an additional rate of $1.00/hour for that assignment and be it

RESOLVED, those poll site workers who are assigned to assist in other duties necessary to carry out the election will be compensated at the rate of $10.00 per hour. Mileage will not be paid for those duties if performed within the county. NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Election Commissioners for the year 2009, that the election custodians servicing the lever machines be compensated as part time non union employees, at a rate of $20 per hour per lever machine with a three hour requirement per machine which includes set up and tear down and will be paid $15.00 per hour for other services related to the election, and those voting machine technicians serving in a computer technical capacity be compensated as part time non union employees, at a rate of $25.00 per hour, and that the lever machine custodians will be paid mileage when they travel outside of their town for voting machine set-up, and be it further RESOLVED, that the voting machine technicians will be paid mileage when they travel outside of Yates County for training and attendance at meetings mandated by the State Board of Elections, and other services related to the election, and be it further RESOLVED, that a copy of this resolution be given to the Election Commissioners, the Treasurer, and the Personnel Office. VOTE: Unanimous RESOLUTION NO. 76-09 Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mrs. Alexander. AUTHORIZE CHAIRMAN TO SIGN CONTRACT AMENDMENT WITH BROWN & BROWN OF NEW YORK, INC. RESOLVED, that, the Chairman is authorized to sign an amended contract with Brown & Brown of New York, Inc. to extend the insurance and risk management consulting services from February 16, 2009 to May 15, 2009 in the amount of $2,500 per month, and RESOLVED, that the Treasurer is authorized to pay said monthly invoice from Brown & Brown in the event that the County Attorney has not reviewed the amendment prior to the applicable monthly audit, and be it further RESOLVED, that a copy of this resolution be provided to the Treasurer, the Personnel Officer and Brown & Brown of New York, Inc. VOTE: Roll Call – Alexander, Willson, Fitch, Flood, Banach, Taylor, Nielsen, J. Multer, Holgate, Webster, R. Multer voting “Yes” Dennis, House, Paddock voting “No” motion carried RESOLUTION NO. 77-09

Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Nielsen. ESTABLISH RATE OF PAY (C. Smith) WHEREAS, the employment procedures contained in the Yates County Administrative Guide and the CSEA contract state that a person may be hired above the beginning pay rate with Legislative approval, and WHEREAS, it has been established that Christine Smith, RN has substantial work experience, NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Director of Public Health, that Christine Smith, RN be hired at the Step 2 rate, Group XIII of the CSEA contract ($22.42) effective January 28, 2009 and be it further RESOLVED, that a copy of this resolution be given to the Budget Officer, the Director of Public Health, the Treasurer, the CSEA Local President, Ms. Smith and the Personnel Officer. VOTE: Unanimous RESOLUTION NO. 78-09 Mrs. Taylor offered the following resolution and moved its adoption, seconded by Mr. Paddock. CREATE INFORMATION SYSTEMS SUPPORT SPECIALIST POSITION AND ABOLISH WELFARE MANAGEMENT SYSTEMS (WMS) COORDINATOR POSITION RESOLVED, that a full-time CSEA position in the Social Services Department as Information Systems Support Specialist be created and the position of Welfare Management Systems Coordinator be abolished as of February 12, 2009, and be it further RESOLVED, that the position of Information Systems Support Specialist is hereby placed in Group VIII of the current collective bargaining agreement between Yates County and the CSEA, and be it further RESOLVED, that a copy of the resolution be provided to Budget Officer, CSEA Yates County Unit President, Treasurer, Commissioner of Social Services and Personnel Officer. VOTE: Unanimous RESOLUTION NO. 79-09 Mr. Holgate offered the following resolution and moved its adoption, seconded by Mr. Banach.

AUTHORIZING THE IMPLEMENTATION, AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE “MARCHISELLI” PROGRAM-AID ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL-AID PROJECT, AND APPROPRIATING FUNDS THEREFORE WHEREAS, a Project for the Bridge Replacement (BIN 3219340) on Fox Mill Road over Keuka Lake Outlet, Yates County, P.I.N 6754.22 (“the Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20 % non-federal funds, and WHEREAS, the County of Yates desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of the bridge replacement (BIN 3219340) on Fox Mill Road over Keuka Lake Outlet, NOW, THEREFORE, the Yates County Legislature, duly convened does hereby RESOLVE, that the Yates County Legislature hereby approves the above-subject project; and it is hereby further RESOLVED, that the Yates County Legislature hereby authorizes the County of Yates to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering/Design and Right-of-Way Incidentals work for the Project of portions thereof; and it is further RESOLVED, that the sum of $150,000 is hereby appropriated pursuant to the Yates County 2009 annual budget and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the County of Yates shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further RESOLVED, that the Chairman of the Yates County Legislature be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiselli Aid on behalf of the County of Yates 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 it is 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

RESOLVED, this Resolution shall take effect immediately. Mrs. Flood stated that she forgot to remind everyone to participate in the Community Health Assessment Survey. This can be done online in about 15 minutes at www.s2aynetwork.org. Meeting adjourned at 1:15p.m.


				
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