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					March 16, 2005

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MINUTES Herkimer County Legislature First Quarter – Fourth Day Wednesday, March 16, 2005 7:30 p.m. The Public Hearing on Introductory Local Law No. 1 for 2005, A Local Law to revise an Empire Zone formerly known as an Economic Development Zone, was called to order by Vincent J. Bono, Chairman of the Committee on County Planning and Development at 7:15 p.m. The Clerk read the Notice of Public Hearing. Legislator Bono asked that any person wishing to speak, rise state name and address and limit comment to 5 minutes. With no persons wishing to speak, the Public Hearing was declared closed at 7:16 p.m. The Regular Session of the Herkimer County Legislature was called to order by Chairman Hendrix at 7:33 p.m. Legislator Davy led the Legislature in the Pledge of Allegience. The Clerk called the roll, the following answered: Present: Grande, Wheeler, Maneen, Long, Hendrix, Hyde, Brezinski, Manno, Smith, Bono, Davy, Peplinski, Korce, Russell, Barton, Weakley (16). Absent: Penree (1). Mr. Korce moved the minutes of the preceding session stand approved as written and mailed to each legislator. *Mr. Korce stated that at the last session of the Legislature, there was a motion concerning AON consulting litigation. Mr. Korce stated that since that time a memo from the County Attorney, an excellent synopsis of what occurred. Mr. Korce stated that was did occur was that a consultant was hired to do a job for the county who wound up doing a job on the county. Mr. Korce stated the consultant was caught doing this and the reason he was caught was due to the diligence of former Legislator Robert VanDusen, Jeffery Whittemore and Jim Wallace. Mr. Korce stated the matter was pursued legally. Mr. Korce asked that the memorandum be included in the session minutes. Mr. Korce also thanked the County Attorney for his actions in this case and in working very closely with the Attorney Generals office. Mr. Korce stated the county received penalty payment which has been secured. Mr. Korce further stated this will help prevent this happening in other counties. At this time, Chairman Hendrix suspended the regular session to recognize National Agriculture Day in Herkimer County. Chairman Hendrix called on Legislator Mildred Wheeler to present the proclamation to Mr. Richard Becker, President of the Herkimer County Farm Bureau. Mrs. Wheeler read and presented the proclamation to Mr. Becker. Mr. Becker thanked the Legislature for the proclamation and the opportunity to address the board. Mr. Becker stated the Herkimer County Farm Bureau is a part of the 35,000 member statewide organization known as the American Farm Bureau, whose goal is to serve and strengthen agriculture. Mr. Becker stated the Farm Bureau is a volunteer organization financed by it member families. Mr. Becker stated the organization solves economic and public policy issues and implementing policy initiatives. Mr. Becker stated that Herkimer County’s agriculture has 685 farms with a total farm garage of

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about 155,000 acres or 16 ½ % of total land area. Mr. Becker stated the gross sales of agricultural products in Herkimer County was $50 million dollars per year. Mr. Becker concluded by stating that Herkimer County has a great outlook for the continuation of agriculture in Herkimer County. Legislator Wheeler thanked Mr. Becker and introduced Mr. John Wagner, the New York Farm Bureau representative from District No. 6, which includes Herkimer, Oneida, Madison, Oswego and Jefferson Counties. Mr. Wagner acts as a liaison between the county farm bureaus and the New York State Farm Bureau. Mr. Wagner also thanked the Legislature for the proclamation. Mr. Wagner stated the area he represents has an active membership of over 3000 farmers. Mr. Wagner stated his job is to bring ideas from Albany to the county level and help implement them at the county level. Mr. Wagner stated the farm bureau just completed the 2005 lobby days which was farmers from all across the state descending on Albany and the legislators offices to discuss a myriad of issues from farmers all over the State of New York. Mr. Wagner stated one issue presented was unfunded Medicaid mandates. Mr. Wagner stated the tie of common ground is there between the farm bureau and the county. Mr. Wagner asked that if he can ever be of any assistance, to contact him at any time. Mr. Wagner thanked the Legislature for their support of the Farm Bureau and the other agriculture based operations in the county such as Soil and Water Conservation and Cooperative Extension as they are very important to the agricultural community. Chairman Hendrix stated that Agriculture is one of the great assets to Herkimer County and further stated another is our Government Interns from the Cornell Cooperative Extension Program. Chairman Hendrix asked the students to introduce themselves and state their school. The students are as follows: Katie Beacorn, Melissa Brockman, Josh Delaney, Dave Dillard, Ethan Woods, Dolgeville Central School; Mandy Caporale, Carly Edick, Tara Matthews, Erin McGraw, Libby McGrellis, Kate Murphy, Colleen Reitz, Justin Walker, Ilion Central Schools; Jessica Lewis, Brittany Lindenmayer, Brandi Weise, Herkimer Central Schools; Jeff Butler, Crystal Jones, Emilie Sherman, West Canada Central Schools. Chairman Hendrix stated his hope that the interns enjoy the program as much as the Legislature does. Chairman Hendrix thanked the students for being involved. Legislator Davy asked that JoAnn Richards, Coordinator for the Government Intern Program be acknowledged and thanked as well. At this time pursuant to Rule 6, Chairman Hendrix opened the floor for public comment. LuAnn Price, an employee of the Country Manor asked for the current status of the sale of the Country Manor. Mr. Wallace stated the county is still in negotiations and had no further information at this time. Peter Fishbine and Mary Turbeck of Fairfield spoke to the Legislature regarding opposition to windmills being built in Fairfield and Herkimer County. They voiced several concerns regarding these windmills and their future in the county. The Clerk read the Communications beginning with No. 67. No. 67 B – A communication was received from the Sheriff submitting Monthly Report for January, 2005. Referred to the Committee on Public Safety & Emergency Management. No. 68 – A communication was received from the Director of Probation requesting staffing change. Referred to the Committee on County Personnel and Public Safety/Emergency Management. No. 69 – A communication was received from the Director of Real Property Tax Services requesting staffing change. Referred to the Committee on County Personnel and the Committee on Finance. No. 70 – A communication was received from the Director of Real Property Tax Services requesting contract with Town of Danube for Assessment Services. Referred to the Committee on Finance. No. 71 – A communication was received from the Commissioner of Social Services requesting renewal of

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contract with Family Services of the Mohawk Valley for PINS Diversion Program. Referred to the Committee on Human Resources and Finance. No. 72 – A communication was received from the Sheriff requesting approval for rental of boat slip for 2005 season. Referred to the Committee on Public Safety/Emergency Management and the Committee on Finance. No. 73 – A communication was received from the Sheriff requesting approval of payment of dues. Referred to the Committee on Finance. No. 74 – A communication was received from the Director of the Office for the Aging requesting renewal of annual contracts for Expanded In Home Services for the Elderly. No. 75 – A communication was received from the President of Herkimer County Community College requesting approval of amendment of 2003-04 College Operating Budget. Referred to the Committees on Education and Finance. No. 76 – A communication was received from Mental Health and Chemical Dependence Services with the February Activities Update. Ordered filed. No. 77 – A communication was received from Assemblyman Butler acknowledging receipt of resolution requesting cap on local Medicaid. Ordered filed. No. 78 – A communication was received from the Town of Fairfield requesting County to rescind Local Law No. 1 of 1992 concerning solar and wind energy exemptions. Referred to the Committees on Finance and Natural Resources. No. 79 – A communication was received from Senator Seward acknowledging receipt of resolution requesting cap on local Medicaid costs. Ordered filed. No. 80 – A communication was received from Town of Norway submitting resolution requesting County to rescind Local Law No. 1 of 1992 concerning solar and wind energy tax exemptions. Mr. Long asked the Clerk to read the Communication. The Clerk read the Communication. Referred to the Committee on Finance and Natural Resources. No. 81 – A communication was received from Oneida-Herkimer Solid Waste Authority submitting copies of recently adopted resolutions. Ordered filed. No. 82 – A communication was received from the Oneida Indian Nation submitting Annual Report for 2004. Ordered filed. No. 83 – A communication was received from the Supervisor of the Town of Russia concerning increase in minimum wage. Ordered filed. No. 84 – A communication was received from the County Auditor with Report of refunds of taxes for February, 2005. Referred to the Committee on Finance. No. 85 – A communication was received from the Town of Manheim requesting county to rescind Local Law 1 of 1992 concerning solar and wind energy tax exemptions. Referred to the Committees on Finance and Natural Resources. No. 86 - A communication was received from Daniel B. Reardon submitting resignation from Industrial Development Agency Board. Chairman Hendrix and Legislator Davy stated their thanks to Mr. Reardon for his service to the IDA Board and Herkimer County. Referred to the Committee on County Planning and
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Development. No. 87 – A communication was received from Niagara Mohawk submitting semi-annual PCB Report. Ordered filed. No. 88 – A communication was received from Off-Track Betting Corp. submitting financial reports for October and November 2004. Ordered filed. No. 89 – A communication was received from the Agriculture Farmland Protection Board submitting amended report on Open Enrollment Period for Agricultural Districts in 2004. Referred to the Committee on Natural Resources. No. 90 – A communication was received from the Director of Community Services requesting approval of agreement with SUNYIT for sponsorship of student interns. Referred to the Committee on Human Resources. No. 91 – A communication was received from the Budget Officer submitting requests for transfers of duns. Referred to the Committee on Finance. No. 92 – A communication was received from the Budget Officer requesting budget amendment in connection with receipt of grant funding for E911. Referred to the Committees on Public Safety/Emergency Management and Finance. No. 93 – A communication was received from the Budget Officer submitting recommendations for award of bids for renovations of third floor at New County Office Building in connection with Family Court move. Referred to the Committees on County Properties and Finance. No. 94 – A communication was received from the Budget Officer requesting approval for crime insurance coverage. Referred to the Committee on Finance. No. 95 – A communication was received from the Budget Officer submitting recommendations for award of bids for meals for SNAP meals for Frankfort-Schuyler area. Referred to the Committees on Human Resources and Finance. No. 96 – A communication was received from the Director of Real Property Tax Service requesting contract with HOCCPP for services in connection with GIS mapping. Referred to the Committee on Finance. No. 97 – A communication was received from the Budget Officer submitting recommendation for award of bid for Highway Department equipment. Referred to the Committees on Highways and Finance. No. 98 – A communication was received from the State Division of Criminal Justice Services advising of discontinuance of funding for Juvenile Accountability Block Grant for 2005. Ordered filed. No. 99 – A communication was received from the County Administrator concerning position in District Attorney’s Office. Referred to the Committees on Public Safety/Emergency Management, County Personnel and Finance. No. 100 - A communication was received from the Executive Director of the Youth Bureau requesting contract for motivational media contract. Referred to the Committee on County Planning & Development. *Legislator Russell stated his confusion as to the reference of Local Law No. 1 for 1992 as cited in communications this evening. Mr. Russell asked if the county placed a ban on windmills by that local law. Mr. Korce stated the county position on the local law. Mr. Korce stated that NYS offered the county the option of allowing renewable energy operations to received tax exempt status. If the county wanted to offer
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the exemption it had to do nothing. If the county did not want to offer the tax exempt status, it had to pass a local law stating that the county was not granting tax exempt status. Mr. Korce stated that at the time the county did not feel this was a good idea and passed the local law. Mr. Korce stated that the authority to allow a windmill to be constructed lies with the towns. Mr. Korce stated the county’s only concern is with the taxing issue and at the present time our local law considers them taxable until some other measure is adopted by this legislature that is what is enforced. Mr. Korce stated he believes this legislature is willing to discuss options to that local law. That being all the Communications, the Chairman continued with Reports and Resolutions and Resolutions beginning with No. 54. On motion of Mr. Bono, seconded by Messrs. Davy and Barton, Report and Resolution No. 54 of the Committee on County Planning & Development adopting Local Law No. 1 for 2005 was handed up for discussion: Mr. Korce asked for someone to explain what an Empire Zone is. Mr. Bono asked that Mark Feane, Executive Director of the IDA to explain. Mr. Feane stated that the authorizing entity for Herkimer and Oneida County’s is the Mohawk Valley Edge. The Edge offers the zone clarifications and Empire Zone administration. Mr. Feane stated Empire Zones are being scrutinized now and there is potential for change subject to sunset on March 31. Mr. Feane stated the county does not know what form or if the zone will be renewed. Mr. Feane stated the benefits of being in the zone can be made available to businesses in Herkimer County who create jobs, invest money and have projects that fit the eligibility which are based on an individual basis. Mr. Feane stated in Herkimer and Oneida counties these are mostly industrial, manufacturing and distribution projects. Mr. Feane stated because Herkimer County has essentially 1/3 of a zone, a decision was made to limit projects to industrial, distribution and manufacturing rather than retail and commercial. Mr. Feane stated that at this time we are trying to amend the zone to add specific companies. Mr. Feane introduced Mr. Tom Swatka of Mohawk Valley Edge to clarify. Mr. Swatka stated the impact on county, town and village taxes is such that the company in the zone pays the tax bill at 100% and then depending on job creation if they qualify, then NYS will give them a tax refund. Mr. Swatka stated all of the companies have definite plans. Mr. Feane stated the zone helps to market Herkimer County locally as well as globally. The resolution was adopted by the following roll call vote: For: Grande, Wheeler, Maneen, Long, Hendrix, Hyde, Brezinski, Manno, Smith, Bono, Davy, Peplinski, Korce, Russell, Barton, Weakley (16). Against: None. Absent: Penree (1). On motion of Mr. Smith, seconded by Mr. Hyde, Report and Resolution No. 55 of the Committee on Public Safety/Emergency Management approving Monthly Report of Sheriff was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Russell, seconded by Mr. Smith, Report and Resolution No. 56 of the Committees on County Personnel and Public Safety/Emergency Management for staffing change in Probation Department was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None.

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Absent: Penree (1). On motion of Mrs. Wheeler and Mrs. Grande, seconded by Messrs. Peplinski and Hyde, Report and Resolution No. 57 of the Committee on Human Resources and the Committee on Finance authorizing contract between Herkimer County and Family Services of the Mohawk Valley for services to be provided to Family Support/PINS Diversion Unit was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Long, seconded by Messrs. Bono and Barton, Mrs. Wheeler and Mr. Peplinski, Report and Resolution No. 58 of the Committees on Education and Finance amending 2003-04 operating of Herkimer County Community College was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Messrs. Hyde and Barton and Mrs. Grande, seconded by Mr. Weakley and Mrs. Wheeler, Report and Resolution No. 59 of the Committee on Human Resources and the Committee on Finance concerning services in connection with the Expanded In-Home services for the Elderly Program was handed up for discussion: Mrs. Grande stated the contract with Superior Home Health Care is to take up the slack if there is not enough of our own Home Health Aides to provide service, Mrs. Grande stated their service is on an only as necessary basis. Mr. Korce stated this is a program that helps to prevent the elderly from being placed in nursing home care and is less costly to Herkimer County. The resolution was adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Messrs. Korce and Smith, seconded by Messrs. Weakley and Davy, Report and Resolution No. 60 of the Committee on Finance amending Resolution No. 28 for 2005 authorizing payment of dues for Municipal Officers and Employees during the Year 2005 was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Russell, seconded by Messrs. Hyde, Bono and Mrs. Wheeler, Report and Resolution No. 61 of the Committee on Public Safety and Emergency Management and the Committee on Finance approving Boat Housing Contract was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Messrs. Weakley and Korce, seconded by Mr. Peplinski, Report and Resolution No. 62 of the Committee on Finance authorizing contract with the Town of Danube to provide assessment services to the

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town was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Russell, seconded by Messrs. Weakley and Bono, Report and Resolution No. 63 of the Committees on County Personnel and Finance amending Resolution No. 299 of 2004 for staffing change in Real Property Tax Service Agency was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Manno, seconded by Mrs. Wheeler and Mr. Peplinski, Report and Resolution No. 64 of the Committee on Natural Resources amending Resolution No. 12 of 2005 approving additions to existing agricultural districts for the Year 2004 was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mrs. Maneen and Mrs. Grande, seconded by Messrs. Davy, Hyde and Mrs. Wheeler, Report and Resolution No. 65 of the Committee on Human Resources authorizing working agreement for preceptorship experience with SUNY Institute of Technology in the Department of Mental Health was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Korce, seconded by Mr. Brezinski, Report and Resolution No. 66 of the Committee on Finance transferring funds was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Hyde, seconded by Messrs. Korce and Peplinski, Report and Resolution No. 67 of the Committees on County Properties and Finance awarding bid for renovations of third floor of County Office and Courts Facility building was handed up for discussion: Mr. Korce stated that this the first step in a million dollar project and there will be more bids awarded to complete further work on this facility. Mr. Korce stated this is being done to comply with the State of New York. Mr. Barton stated he has no objection to the company however, as previously stated at the last meeting he feels this puts the county in a situation that has placed the county in a very bad financial situation and further stated he cannot support the resolution. Chairman Hendrix asked if Mr. Barton would like a roll call on this vote. Mr. Barton stated yes. Mr. Long stated he is sure everyone feels the same way however, we have a mandate and two choices. Do it or the state would do it for us. Mr. Long stated he would rather the county be in control of the money than the state. Mr. Long stated that no one likes this or wants to do this. Mrs. Grande stated she hopes the state does not come along in 5 or 10 years and say we need to do this again. Mr. Hendrix stated that the big focus is on Medicaid but there are other unfounded mandates for the county to deal with as well. Mr. Barton withdrew his request for a roll call vote. Mr. Korce stated that with the
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government interns here this evening he is in a lecturing mood. Mr. Korce stated that the duties of the Family Court have blown up even at a time when Herkimer County’s population has decreased. Mr. Korce urged the interns to go on with their lives with some kind of sanity because the reaction to a community when families become unglued becomes a very high cost to the taxpayers supplying these facilities and it is a very sad situation to watch what goes on, on a daily basis in Family Court. The resolution was adopted by voice vote: Ayes: (13). Opposed: Davy, Bono, Barton (3). Absent: Penree (1). On motion of Mr. Long, seconded by Mr. Korce, Report and Resolution No. 68 of the Committee on Finance amending Resolution No. 329 of 2004 authorizing insurance coverage’s was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Smith, seconded by Messrs. Korce and Bono, Report and Resolution No. 69 of the Committee on Finance and the Committee on Public Safety/Emergency Management amending budget in connection with receipt of special grant funding for the E911 system was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mrs. Grande, seconded by Mr. Hyde, Report and Resolution No. 70 of the Committee on Human Resources and Finance awarding contracts for the Supplemental Nutrition Assistance Program was handed up for discussion: Mr. Barton asked what the rate per meal was last time. Mary Scanlon, Director of the Office for the Aging stated it was $4.25 last time. Mr. Barton stated that these services organizations that provide this meal, for most the only meal of the day, is a very commendable service and stated he wishes more would volunteer. Ms. Scanlon stated there is no cost for the program but rather a suggested donation. The resolution was adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Messrs. Weakley, Bono and Hyde, seconded by Messrs. Brezinski, Peplinski and Mrs. Wheeler, Report and Resolution No. 71 of the Committees on Highways and Finance awarding bid for used excavator for Herkimer County Highway Department was handed up for discussion: Mr. Long asked Mr. Ewanyk, County Highway Superintendent if this was used equipment. Mr. Ewanyk stated yes, new equipment is sky high and the department cannot afford it. Mr. Long stated this is a case of our Highway Department being forced to buy used equipment in these times. Mr. Long stated everyone is suffering.

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The resolution was adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Bono, seconded by Mr. Davy, Report and Resolution No. 72 of the Committee on County Planning and Development authorizing contract with Motivational Media Assemblies for Motivational Program for schools throughout Herkimer County was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Peplinski, seconded by Mr. Barton, Report and Resolution No. 73 of the Committee on Finance authorizing contract for professional services for the implementation of Geographic Information System was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). On motion of Mr. Russell, seconded by Mr. Peplinski, Report and Resolution No. 74 of the Committees on County Personnel, Public Safety/Emergency Management and Finance amending Resolution No. 391 of 2000 and making salary adjustment in District Attorney’s Office was handed up; voted on and adopted by voice vote: All ayes: (16). Opposed: None. Absent: Penree (1). That being all the Reports and Resolutions and Resolutions, Chairman Hendrix spoke to the students stating that the business conducted this evening was previously discussed by the various committees that were involved and a lot of background work has been done. Mr. Bono gave an update on the sales tax issue. An audit has begun of auto dealers by the NYS Department of Taxation and Finance. Mr. Bono stated he and Mr. Wallace met with the State Department of Taxation and Finance and so far about $120,000 has been recouped and the audit is not even half through. Mr. Bono stated we could possibly recoup $200,000 or more. Mr. Bono stated other things are involved such as cell phones and big retail items. Mr. Bono urged everyone to buy their cell phones in Herkimer County so the money will be appropriated to Herkimer County. Mr. Bono also stated that out of this money recouped, we should provide a newsletter or some sort of announcement to make people aware of this issue. Mr. Bono stated insurance is also an issue by zip code. Mr. Barton stated he agrees with Mr. Bono and urged everyone to shop locally. Mr. Korce stated something should be prepared that is similar to what is done by the two county recycling program on the do’s and don’ts regarding the tax situation. Mr. Long asked for an update on the contract between Family Services and Herkimer County for the PINS Diversion Program. Mr. Fuller stated the PINS Diversion Unit was established in 2003 under the DSS Department which was a collaborative effort between DSS, Mental Health, Probation, Youth Bureau and Family Services of the Mohawk Valley. The program is designed to be a family center approach for delivery services and their families with a goal of diverting youth from out of home placement. In 2002 their were 44 youth in the PINS program, in 2003 there were 32 youth in the program and in 2004 there were 19. Mr. Fuller stated there has been a 37% reduction in care days from 2003 and 2004 and a $350,000 savings. Mr. Fuller stated with the resolution passed tonight

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for a Probation Officer Trainee, the department will be expanding the program a bit to work with the most at risk children and hopefully reduce the numbers further. Mr. Manno stated there is a new business in Frankfort called the Golf Box. Mr. Manno urged all the golfers to try this out. Mr. Brezinski stated that quite some time ago he brought the sales tax issue forward. Mr. Brezinski stated he is glad the Legislature is taking a hard stand on this issue. Mr. Brezinski suggested we use the old cliché by President Kennedy which stated “Ask not what your county can do for you, but what you can do for your County”. Mr. Brezinski stated this is our tax money not Oneida County’s. Chairman Hendrix thanked Mr. Brezinski and Mr. Bono for bringing this issue to the forefront. At 8:52 p.m., on motion of Mr. Long, seconded by Messrs. Barton and Hyde, this Session of the Herkimer County Legislature was adjourned to Wednesday, April 6, 2005 at 2:00 p.m.

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