REGULAR SESSION

TUESDAY, JULY 1, 2014

Chairwoman Fitzpatrick called the meeting to order at 7:00 p.m.

ROLL CALL OF MEMBERS

All members present except Legislators Thomas and Montigelli.

Public Hearing2014-2015 Jefferson Community College Budget

Chairwoman Fitzpatrick called the public hearing to order, no one present wished tospeak and the public hearing was closed.

PRIVILEGE OF THE FLOOR

Buildings Superintendent Spike Decker made a brief presentation to the Boardconcerning the conversion of an indoor recreation area at the Jail to dormitory style housing forinmates. He said this work would be done in-house and provided legislators with a projectscope, budget and preliminary schedule. He began the process for approval of the project by theCommission on Correction the first part of the year and their approval, after many revisions, wasreceived about a month ago. The largest part of the project is adding/converting rooms forbathroom facilities (4 toilets/sinks combinations and 3 showers), other work includes: installing18 double bunk beds around the perimeter of the exterior wall, installation of 6 six person tablesand a guard station in the center of the room, and other lighting, HVAC, and life safety work. Heestimated the cost to be $95,000 and the reason he was coming to the Board this evening wasbecause the detention grade stainless steel “Acorn” fixtures for the bathrooms need to be ordered10-12 weeks in advance of when they are needed. He was hoping to order the fixtures now sothey will arrive shortly after the start of the project in September/ October and barring any setbacks complete the project by the end of the year.

Mr. Hagemann related that the other component with this project is that there is timeneeded to go through the process of getting the additional personnel on board to staff the housingarea. The Board’s approval to move forward with the project at this point would allow for that tohappen with the idea to be operational by year end.

Discussion regarding the project centered on the fact that it has been a long road ingetting to this point with a lot of cooperation from the current CoC personnel, Board membersAdministration, and Sheriff’s Department personnel; significant cost savings will be realized inperforming the project with in-house personnel, it will not solve the outboarding problem but is astep in the right direction that will have a positive fiscal impact that is difficult to quantifybecause of the many variables. Undersheriff Trudeau thanked Mr. Decker for all the time andeffort he put into the design of the project. Following discussion, it was the consensus of the

Board to move forward with the project.

MINUTES OF THE LAST SESSION

The minutes of the June Session stand approved in the absence of objection or correction.

PETITIONS, NOTICES AND COMMUNICATIONS

The 2013 Annual Report from the Youth Bureau was received.

REPORTS OF STANDING COMMITTEES

The Finance & Rules Committee reported favorably on resolutions referred from otherjurisdictional committees.

REPORTS OF COUNTY OFFICERS AND OTHERS

The County Treasurer provided reports on Interest Allocated by Fund and Summary ofCash in Banks as of May 31, 2014.

The County Administrator provided a report on budget modifications for the month ofJune, 2014.

LOCAL LAWS, RESOLUTIONS AND MOTIONS

Resolution No. 171

Adopting the 2014-2015 Jefferson Community College Budget

By Legislator: Michael J. Docteur

Whereas, Pursuant to Section 357 of the County Law, the Finance and Rules Committee of thisBoard has reviewed the requested 2014-2015 Jefferson Community College Budget, and

Now, Therefore, Be It Resolved, That pursuant to Section 360 of the County Law, said Budget beand is hereby adopted as the Budget of Jefferson Community College for College Fiscal Year2014-2015, and be it further

Resolved, In accordance with the 2014-2015 Jefferson Community College Budget, the Countyof Jefferson will provide a Sponsor Contribution in the amount of $4,769,055 and therebyapproving a total operating expenditure for the JCC Budget of $29,801,517.

Resolved, That this resolution shall take effect September 1, 2014.

Seconded by Legislator: Jennie M. Adsit

All members present voted aye.

Resolution No. 172

Appropriation for the Conduct of Jefferson Community Collegefor Fiscal Year 2014-2015

By Legislator: John D. Peck

Whereas, This Board, by Resolution No. 171 of 2014 adopted a budget for Jefferson CommunityCollege for Fiscal Year 2014-2015.

Now, Therefore, Be It Resolved, That pursuant to Section 360 of County Law, the severalamounts specified in such budget are hereby appropriated for the objects and purposes specified,and be it further

Resolved, That this resolution shall take effect September 1, 2014.

Seconded by Legislator: Robert D. Ferris

All members present voted aye.

Resolution No. 173

Appointing Election Commissioner

By Legislator: Michael J. Docteur

Resolved, That pursuant to Section 3-204 of the Elections Law, which specifies that the CountyBoard act on such appointment within 30 days of receipt of the party’s county committee’scertificate of party recommendation, Jerry O. Eaton, Republican, be and hereby is appointed asElection Commissioners of the County of Jefferson for a two year term beginning January 1,2015.

Seconded by Legislator: Robert D. Ferris

All members present voted aye.

Resolution No. 174

Authorizing Agreement with the New York State Office of IndigentLegal Services, Changing a Part-time Public Defender Position to a Full-time

Public Defender Position and Amending the 2014 County Budget in Relation Thereto

By Legislator: Michael J. Docteur

Whereas, Pursuant to Resolution 61 of 2014, This Board of Legislators approved the creation ofa part time public defender as part of the New York State Indigent Legal Services fundingreceived by the County, and

Whereas, The County has now received an additional three-year grant specifically for the purposeof hiring a full time public defender, and

Whereas, Said full time position replaces the part time position originally approved by thisBoard, and

Whereas, The 2014 County Budget must be amended to recognize the grant revenue for 2014,and change the part time position to full time, and

Whereas, The Board must also authorize an agreement with the Office of Indigent LegalServices.

Now, Therefore, Be It Resolved, That Jefferson County enter into an agreement with the NewYork State Office of Indigent Legal Services for the $179,720 grant, and that the Chairman of theBoard be and is hereby authorized and directed to execute said agreement on behalf of theCounty, subject to the review and approval of the County Attorney, and be it further

Resolved, That the 2014 County Budget is amended as follows:

Increase:Revenue:01-1170-1170-999.93025 State Aid Indigent Legal Services $29,954

Decrease:01-0599 Appropriated Fund Balance $29,954

and be it further

Resolved, That Assistant Public Defender position (position 13), at Grade VI of theManagement Schedule be full time, effective immediately.

Seconded by Legislator: Robert D. Ferris

Roll Call Vote

Ayes: Docteur, Gray, Hirschey, Peck, Adsit, Doldo, Jareo, Drake, Ferris, Reed, Maxon,Nabywaniec, Fitzpatrick

Absent: Montigelli, Thomas

Resolution passed.

Resolution No. 175

Authorizing Payment for Additional Work Under Change Order for Environmental Investigations of Tax Delinquent Real Property

By Legislator: Robert D. Ferris

Whereas, Pursuant to Resolution 208 of 2012 this Board of Legislators authorized an agreementwith LaBella Associates, PC to conduct environmental assessments on various tax delinquentproperties for a lump sum not to exceed $38,750, and

Whereas, Following completion of the scheduled work the Contractor recommended additionalexcavation on one site for the purpose of resolving anomalous test results regarding the presenceof underground petroleum storage tanks, and

Whereas, A change order was executed for the sum of $1,825.00 to pay for the additionalexcavation required, and

Whereas, In order to process and pay the additional fee, the County Auditor requires Board ofLegislators approval of the additional payment since the original resolution stated the fee was asum certain not to be exceeded.

Now, Therefore, Be it Resolved, That payment of the additional fee of $1,825.00 be and herebyis authorized.

Seconded by Legislator: Jennie M. Adsit

All members present voted aye.

Resolution No. 176

Amending the 2014 County Budget in Relation to the Highway Department CHIPS Funding

By Legislator: James A. Nabwyaniec

Whereas, The New York State Governor and Legislature have reached an agreement on the StateFY 2014-2015 Consolidated Local Street and Highway Improvement Program (CHIPS) fundinglevel, which for Jefferson County is a $257,060.39 increase over its 2014 budgeted amount, and

Whereas, The County Highway Superintendent has requested that this additional revenue beplaced in the Department’s surface treatment account.

Whereas, In order to recognize and allocate the new funding it is necessary to amend the 2014County Budget.

Now, Therefore, Be It Resolved, That the 2014 County Budget is hereby amended as follows:

Increase:

(Revenue)05-9003-999.93501 Consolidated Highway Aid $ 257,060.39

(Expenditure)05-9003-5110.4482 Surface Treatment $ 257,060.39

Seconded by Legislator: Scott A. Gray

Roll Call Vote

Ayes: Doldo, Maxon, Gray, Peck, Nabywaniec, Adsit, Drake, Ferris, Hirschey, Docteur,Jareo, Reed, Fitzpatrick

Absent: Thomas, Montigelli

Resolution passed.

Resolution No. 177

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 (CR 87 (Sandy Creek Road) Over Skinner Creek), and Appropriating Funds Therefor

By Legislator: Jennie M. Adsit

Whereas, A Project for the CR 87 (Sandy Creek Road) Over Skinner Creek, PIN 775319 (the“Project”) is eligible for Funding under Title 23 U.S. Code, as amended, that calls for theapportionment of the costs of such program to be borne at the ratio of 80% Federal funds and20% non-federal funds; and

Whereas, The County of Jefferson desires to advance the Project by making a commitment of100% of the federal and non-federal share of the cost of the Preliminary Engineering and Rightof Way Incidental Phases of the project.

Now, Therefore, Be It Resolved, That the Jefferson County Board of Legislators does herebyapprove the Project, and be it further

Resolved, That the Jefferson County Board of Legislators hereby authorizes the Jefferson CountyTreasurer to pay in the first instance 100% of the federal and non-federal share of the cost of thePreliminary Engineering and Right of Way Incidentals work for the Project or portions thereof,and be it further

Resolved, That the sum of $270,000, which includes the Preliminary Engineering and ROWphases, or so much thereof as is necessary is hereby appropriated from Account 20-9006-5113.2903 in the 2014 County Budget, and made available to cover the cost of participation inthe above phases of the Project, and be it further

Resolved, That in the event the full federal and non-federal share of the costs of the projectexceed the amount appropriated above, the Jefferson County Board of Legislators shall conveneto appropriate said excess amount immediately upon the notification by the Chairman of theJefferson County Board of Legislators thereof, and be it further

Resolved, That the Chairman of the Jefferson County Board of Legislators be and is herebyauthorized to execute all necessary Agreements, certifications or reimbursement requests forFederal and State Aid, subject to the approval of the County Attorney as to form and substance,on behalf of the County of Jefferson with NYSDOT in connection with the advancement orapproval of the Project and providing for the administration of the Project and the municipality’sfirst instance funding of project costs, and permanent funding of the local share of federal-aid andstate-aid eligible Project costs and all Project costs within appropriations therefor that are notfederal-or State-aid eligible, and be it further

Resolved, That a certified copy of this resolution be filed with the New York StateCommissioner of Transportation by attaching it to any necessary Agreement in connection withthe Project, and be it further

Resolved, That this Resolution shall take effect immediately.

Seconded by Legislator: Anthony J. Doldo

All members present voted aye.

Resolution No. 178

Amending the 2014 County Budget to Recognize Insurance Recoveryand Allocating Same in Sheriff’s Department Budget

By Legislator: James A. Nabywaniec

Whereas, The Sheriff’s Department has received an insurance settlement check in the amount of$1,247.10 for damage to a patrol unit, and has requested that the settlement be used tosupplement the external fleet expense line to pay for needed repairs.

Now, Therefore, Be It Resolved, That the 2014 County Budget is hereby amended as follows:

Increase:

01-3110-3110.4310.002 External Fleet Expense $ 1,247.10 01-3110-999.92680 Insurance Recoveries $ 1,247.10

Seconded by Legislator: Scott A. Gray

Roll Call Vote

Ayes: Hirschey, Maxon, Ferris, Gray, Docteur, Peck, Reed, Doldo, Adsit, Drake, Jareo,Nabywaniec, Fitzpatrick

Absent: Thomas, Montigelli

Resolution passed.

Resolution No. 179

Amending the 2014 County Budget in Relation to Sheriff’s Department Accounts

By Legislator: Jennie M. Adsit

Whereas, By Resolution 48 of 2014, this Board of Legislators accepted $30,000 from the StateFY13 Law Enforcement Terrorism Prevention Program (LETPP) (CFDA 97.067) to purchaseequipment for the Sheriff’s Department, and

Whereas, The Sheriff recommends transfer of funds from equipment accounts to the operatingsupplies account.

Now, Therefore, Be It Resolved, That the 2014 County Budget is amended as follows:

Increase:01-3110-3114.4585 Operating Supplies $ 10,510.00

Decrease:01-3110-3114.2300 Technical Equipment $ 2,510.0001-3110-3114.2101 Computer Equipment 8,000.00

Seconded by Legislator: Anthony J. Doldo

All members present voted aye.

Resolution No. 180

Authorizing Agreements and Establishing Rates for Provision of Related Servicesin Connection with the Program for Preschool Children with Disabilities

By Legislator: Jonathan L. Hirschey

Whereas, The Program for Preschool Children with Disabilities provides a variety of relatedservices to children aged three to five years with certain disabilities, such services to be providedin the least restrictive environment, be it home or agency based, and

Whereas, Chapter 243 of the Laws of 1989 require that counties maintain a list of appropriatelycertified or licensed professionals to deliver related services to preschool children withdisabilities and set a reasonable reimbursement rate for such services, subject to the approval ofthe New York State Education Department.

Now, Therefore, Be It Resolved, That, pursuant to Section 4410 of the Education Law, JeffersonCounty enter into an agreement with each of the following parties for the provision of theindicated service(s). The term of said agreement shall be for the period July 1, 2014 throughJune 30, 2015 in accordance with the requirements of the State Education Law and regulations:

Provider Service

Benchmark Family Services Speech TherapyPhysical TherapyOccupational Therapy

Building Blocks SLP, OT & PT Speech Therapy Family Services, PLLC Physical Therapy

Occupational Therapy

Jefferson Rehabilitation Center Speech TherapyPhysical TherapyOccupational Therapy

Special Programs, Inc. D.B.A. Little Speech Therapy Lukes Childcare Center Physical Therapy

Occupational Therapy

The Rowland Center, Inc. Speech TherapyPhysical TherapyOccupational Therapy

and be it further

Resolved, That the rates of payment for Preschool Related Services by a Speech Pathologist,

Occupational Therapist and Physical Therapist are hereby established as follows:

On-site Off-siteIndividual Up to 59 Minutes $ 34.00 $ 59.00Individual Over 60 Minutes $ 49.00 $ 73.00Group Up to 59 Minutes $ 25.00 $ 39.00Group Over 60 Minutes $ 39.00 $ 54.00

and be it further

Resolved, That the rates of payment for Preschool Related Services by Certified OccupationalTherapy and Licensed Physical Therapy Assistants are hereby established as follows:

On-site Off-siteUp to 59 min. $ 25.00 $ 39.00Over 60 min. $ 34.00 $ 47.00 Group Up to 59 Minutes $ 22.00 $ 34.00Group Over 60 Minutes $ 31.00 $ 44.00

and be it further

Resolved, That the Chairman of the Board of Legislators be and is hereby authorized to executesuch agreements on behalf of Jefferson County, and be it further

Resolved, That the Director of Community Services is hereby authorized and directed to takesuch steps and execute such documents as may be necessary to secure approval of the ratesestablished herein by the New York State Education Department.

Seconded by Legislator: Anthony J. Doldo

All members present voted aye.

Resolution No. 181

Authorizing Agreements with NYS Department of Education Approved Agencies for the Provision of Special Education Services for Preschool Children with Disabilities

By Legislator: Michael J. Docteur

Whereas, New York State Education Law requires that municipalities enter into agreements withagencies approved by the NYS Commissioner of Education to offer special education services topreschool children with disabilities who are determined by the Board of Education of localschool districts to require placement in such special education programs, and

Whereas, The New York State Commissioner of Education has approved a number of providers

of services and has set rates for all special education program services, and

Whereas, In conjunction with the operation of the Special Education Services for PreschoolChildren with Disabilities program, it is necessary to enter into contracts with approved servicesproviders at said established rates.

Now, Therefore, Be It Resolved, Pursuant to Section 4410 of the New York State EducationLaw, Jefferson County is hereby authorized to enter into agreements for the term July 1, 2014through June 30, 2015, for the provision of special education services to children ages threethrough five with disabilities with the following New York State Education Departmentapproved service providers:

Provider Service

Benchmark Family Services EvaluationsSpecial Education ClassroomSpecial Education Itinerant Teaching

Building Blocks SLP, OT & PT EvaluationsFamily Services, PLLC Special Education Itinerant Teaching

Jefferson Rehabilitation Center EvaluationsSpecial Education ClassroomSpecial Education Itinerant Teaching

Milestones Children’s Center Evaluations Special Education Itinerant Teaching

and be it further

Resolved, That the need for such special education services is to be determined by local SchoolBoards of Education, at rates established by the NYS Commissioner of Education as certified bythe Director of the Budget of the State of New York, and shall be in a form and contain suchterms and conditions as may be acceptable to the NYS Commissioner of Education, and be itfurther

Resolved, That the Chairman of the Board of Legislators and the Director of CommunityServices be and are hereby authorized and directed to execute such agreements on behalf ofJefferson County, subject to approval by the County Attorney as to form and substance, and be itfurther

Resolved, That the Director of Community Services be and is hereby directed to send a letternotifying local School Boards of Education of the rates of each of the special education serviceproviders and the percentage of local share of such cost.

Seconded by Legislator: Jeremiah J. Maxon

All members present voted aye.

Resolution No. 182

Supporting New York State Legislation to Permit the Registration of ATV’s Weighing up to 1500 Pounds

By Legislator: Jeremiah J. Maxon

Whereas, New York State Vehicle and Traffic Law (NYS V&T law) Section 2281 defines AllTerrain Vehicles and limits them to 1,000 pounds dry weight, and

Whereas, Several manufacturers of ATV’s now produce vehicles that exceed this weight limit,and are generally made for the driver and passenger to ride side-by-side, and

Whereas, Said larger ATV’s do not meet the current NYS V&T law definition and thereforecannot be registered or legally operated for recreational purposes in New York State, and

Whereas, Senator Pattie Ritchie has sponsored S01946A in the State Senate, which would amendsaid law to include ATV’s up to 1,500 pounds dry weight, as long as they were in a side-by-sideconfiguration and included seatbelts and roll-over bars, and

Whereas, Assemblywoman Addie Russell has sponsored A4971A in the State Assembly, whichis identical to S01946A, and

Whereas, These larger machines are manufactured for side-by-side seating, distribute weight soas to cause less environmental damage than traditional ATV’s, and both appeal to mature ridersand are physically incapable of the kind of maneuvering that causes such damage, and

Whereas, Allowing for the registration and operation of said larger ATV’s would increasetourism opportunities and encourage outdoor riding activity for a more mature population group.

Now, Therefore be It Resolved, That this Board of Legislators supports State legislation to permitthe registration and operation of ATV’s weighing up to 1,500 pounds dry weight in New YorkState, and be it further

Resolved, That copies of this resolution be provided to Jefferson County’s New York Staterepresentatives.

Seconded by Legislator: Patrick R. Jareo

Chairwoman Fitzpatrick entertained a motion to amend the resolution to take out any reference tothe Assembly Bill as it did not pass. A motion was duly made by Legislator Ferris and seconded