November 2, 2015
St. Lawrence County DRAFTBoard Meeting
Board of LegislatorsMonday, November 2, 2015
Board Room7:00 P.M.
Chair Lightfoot called the meeting to order at 7:00 p.m.
ROLL CALL: All Legislators were present with the exception of Mr. Putman.
Mr. Lightfoot led everyone in prayer and the pledge of allegiance.
RECOGNITION CEREMONY FOR THIRTY AND THIRTY-FIVE YEARS OF
SERVICE EMPLOYEES
APPROVAL OF THE AGENDA: Mr. Forsythe moved to approve the agenda, seconded by
Mr. Denesha and Mr. Arquiett and carried by a voice vote with fourteen (14) yes votes and one
(1) absent (Putman).
APPROVAL OF MINUTES: Mr. Perkins moved to approve the October 5, October 26 Public
Hearing, and October 26 SpecialBoard, seconded by Ms. Bell and Mr. Arquiett and carried by a
voice vote with fourteen (14) yes votes and one (1) absent (Putman).
COMMUNICATIONS:
1. A letter was received from The Higley Association requesting the increase of water patrols by
the Sheriff’s Department on Higley Flow.
CITIZEN PARTICIPATION: Barbara Doe of Waddington said she would like to see the Board of Legislators dissolveand create a Board of Supervisors.
Kevin Berry said the high property tax is having an effect on people being able to stay in their homes.
PRESENTATION OF RESOLUTIONS:
Services Committee: 10-19-2015
RESOLUTION NO. 286-2015
MODIFYING THE 2015 COMMUNITY SERVICES BUDGET FOR FUNDING
FROM THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
By Mr. Denesha, Chair, Services Committee
WHEREAS, Community Services has received funding modifications from the Office of Mental Health (OMH) and the Office of Alcoholism and Substance Abuse Services (OASAS), and
WHEREAS, this is one-hundred percent (100%) pass through funding for contract agencies,
NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Treasurer to modify the 2015 Community Services Budget as follows:
INCREASE APPROPRIATIONS:
A2342504 46500 A NCHR Canton Other Advances $28,981
A4143224 465AR A CSS ARC 375
A4243224 465AR A CRV ARC Advances 729
A4443224 465AR A OFS ARC Advances 1,266
A4243224 465CC A CRV Catholic Charities 3,090
A4443224 465CC A OFS Catholic Charities Advances 1,539
A4243224 465TL A CRV NCTLS Advances 2,495
A4443224 465TL A OFS NCTLS Advances 292
A4143224 465RC A CSS Resource Center 446
A4243224 465RO A CRV Reachout Advances 2,307
A4143224 465SS A CSS Step By Step Advances 954
A4243224 465SS A CRV Step By Step Advances 3,735
A4243224 465UH A CRV United Helpers Advances 88
A4443224 465UH A OFS United Helpers Advances 2,316
$48,613
INCREASE REVENUE:
A2344885 57000 A FA NCFH Canton Alcohol Addiction $28,981
A4134905 56000 A SA CSS Mental Health 1,775
A4234905 56000 A SA CR Other Mental Health Program12,191
A4434905 56000 A SA OFS Other Mental Health 5,413
$48,360
DECREASE APPROPRIATIONS:
A2242504 46500 A NCFH Madrid Other Advances $20,363
A4243224 465RC A CRV Resource Center 253
A4343224 465SS A CPP Step By Step Advances 1,479
$22,095
DECREASE REVENUE:
A2244885 57000 A FA NCFH Madrid Alcohol Addiction $20,363
A4334905 56000 A SA CPP Other Mental Health 1,479
$21,842
***
Mr. Denesha moved to adopt Resolution No. 286-2015, seconded by Mr. Perkins, and carried by a roll call vote with fourteen (14) yes votes and one (1) absent (Putman).
Services Committee: 10-19-2015
RESOLUTION NO. 287-2015
AUTHORIZING THE CHAIR TO SIGN AN AGREEMENT WITH THE STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY AT CANTON, NEW YORK, ESTABLISHING THE OFFICE FOR THE AGING AS AN INTERNSHIP SITE
By Mr. Denesha, Chair, Services Committee
WHEREAS, the Office for the Aging would like to offer internship opportunities to students at the State University of New York College of Technology at Canton (SUNY Canton), and
WHEREAS, an annual agreement is needed, and
WHEREAS, the Office for the Aging would like to work with interns from SUNY Canton January 1, 2015 through December 31, 2016,
NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Chair to sign an agreement with the State University of New York College of Technology at Canton, New York, establishing the Office for the Aging as an internship site, upon approval of the County Attorney.
***
Mr. Denesha moved to adopt Resolution No. 287-2015, seconded by Mr. Acres, Mr. Forsythe, Mr. Perkins, and Ms. Bell, and carried by a voice vote with fourteen (14) yes votes and one (1) absent (Putman).
Operations Committee: 10-19-2015
RESOLUTION NO. 288-2015
MODIFYING THE 2015 SHERIFF’S OFFICE BUDGET
TO ACCEPT A 2015 STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM FUNDING FROM THE OFFICE OF JUSTICE PROGRAMS (OJP)
By Mr. LaPierre, Chair, Operations Committee
WHEREAS, the St. Lawrence County Sheriff’s Office has been awarded program funding in the amount of $3,149 through the Office of Justice Programs (OJP), and
WHEREAS, this 2015 SCAAP (State Criminal Alien Assistance Program) provides funding to cover costs related to the inmate management software,
NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Sheriff’s Office to accept the program funding, and
BE IT FURTHER RESOLVED that the Board of Legislators authorizes the Treasurer to modify the 2015 Sheriff’s Office Budget as follows and roll over any remaining appropriations to future budgets until the grant is expended:
INCREASE APPROPRIATIONS:
S4031504 47801 SJailDataProcessingCharges $3,149
INCREASE REVENUE:
S4043895 57000 SJailFederalAid $3,149
***
Mr. LaPierre moved to adopt Resolution No. 288-2015, seconded by Mr. Dann, Mr. Hooper and Mr. Perkins and carried by a roll call vote with fourteen (14) yes votes and one (1) absent (Putman).
Operations Committee: 10-19-2015
RESOLUTION NO. 289-2015
AUTHORIZING THE CHAIR TO SIGN AN AGREEMENT WITH
LOCY PRIDE CONSTRUCTION FOR USE OF A PORTION OF THE
PARKING LOT AT THE H.B. SMITH BUILDING
By Mr. LaPierre, Chair, Operations Committee
WHEREAS, Locy Pride Construction has been retained privately to install a new roof system on the building located at 30 Court Street, and
WHEREAS, Locy Pride Construction has requested permission for use of a portion of the H.B. Smith Parking Lot, noted as Parking Lot E, for staging of construction materials and equipment while installing a new roof system on a building currently owned by Brian W. Staples, and
WHEREAS, Locy Pride Construction is requesting permission to use a section of Parking Lot E measuring 110 feet and approximately 50 feet deep for dates of service of October 19, 2015 through November 30, 2015, and
WHEREAS, the County may grant a Limited Use License to Locy Pride Construction identifying the limits of liability associated with the grant of a license, and
WHEREAS, Locy Pride Construction has agreed to sign an agreement to hold the County harmless from any and all liability arising from their use of the parking lot,
NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Chair to sign an agreement with Locy Pride Construction for use of a portion of the parking lot at the H.B. Smith Building for the dates of October 19, 2015 through November 30, 2015, upon approval of the County Attorney.
***
Mr. LaPierre moved to adopt Resolution No. 289-2015, seconded by Ms. Bell and Mr. Deneshaand carried by a voice vote with fourteen (14) yes votes and one (1) absent (Putman).
Operations Committee: 10-19-2015
RESOLUTION NO. 290-2015
MODIFYING THE 2015 BUDGET FOR ASSIGNED COUNSEL COSTS
By Mr. LaPierre, Chair, Operations Committee
WHEREAS, the 2015 Budget for Indigent Defense was $690,000 for the payment of Assigned Counsel in Criminal, Family, and Appeal Court matters, and
WHEREAS, the cost for Assigned Counsel for Indigent Defense has exceeded the modified budget appropriations, and
WHEREAS, in 2014 additional funds have been budgeted and grant funds have been secured to assist with the extraordinary cost associated with the required provision of Indigent Defense in St. Lawrence County,
NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Treasurer to make the following modifications to the 2015 Budget for Assigned Counsel:
DECREASE APPROPRIATIONS:
B1019904 49700B SPEC Contingency Account$250,000
INCREASE APPROPRIATIONS:
IA011704 430CCI AID Criminal Cases$100,000
IA011704 430FCI AID Family Court Cases 100,000
IA011704 430AC I AID Appeals Cases 50,000
$250,000
***
Mr. LaPierre moved to adopt Resolution No. 290-2015, seconded by Mr. Forsythe and carried by a roll call vote of thirteen (13) yes votes, one (1) no vote (Dann), and one (1) absent (Putman).
Finance Committee: 10-26-2015
RESOLUTION NO. 291-2015
ADOPTING PROPOSED LOCAL LAW G (NO. _) FOR THE YEAR 2015, “AMENDING LOCAL LAW 1 FOR THE YEAR 2009, A LOCAL LAW ADOPTING THE ST. LAWRENCE COUNTY ETHICS LAW” AND RESCINDING ALL PREVIOUS ETHICS LAWS AND AMENDMENTS IN ST. LAWRENCE COUNTY
By Mr. Hooper, Chair, Finance Committee
BE IT ENACTED by the Board of Legislators of St. Lawrence County as follows:
Section 1:The adoption of this local law is intended to replace any and all laws and amendments previously adopted by the Board of Legislators relating to the Code of Ethics in St. Lawrence County.
Section 2:This local law shall take effect upon filing in the Office of the Secretary of State.
Section 3: The Board of Legislators adopts the following Ethics law:
St. Lawrence County Ethics Law
July 6, 2009
ARTICLE 1.PURPOSE
ARTICLE 2. DEFINITIONS
ARTICLE 3. CODE OF ETHICS
ARTICLE 4. EXCLUSIONS FROM THE ETHICS CODE
ARTICLE 5. RECUSAL
ARTICLE 6. PRIVATE PERSONS AND ENTITIES
ARTICLE 7. ANNUAL REVIEW OF CODE OF ETHICS
ARTICLE 8.ANNUAL DISCLOSURE
ARTICLE 9.DESIGNATION OF OFFICERS AND EMPLOYEES REQUIRED TO FILE ANNUAL DISCLOSURE STATEMENTS
ARTICLE 10.MAINTENANCE OF DISCLOSURE STATEMENTS
ARTICLE 11.VOID CONTRACTS
ARTICLE 12.PROCEDURES AND PENALTIES
ARTICLE 13.INJUNCTIVE RELIEF
ARTICLE 14.BOARD OF ETHICS: ESTABLISHMENT; INDEPENDENCE; BUDGET; MEMBERS; MEETINGS
ARTICLE 15.BOARD OF ETHICS: JURISDICTION; POWERS; DUTIES
ARTICLE 16.REVIEW OF LISTS AND DISCLOSURE STATEMENTS
ARTICLE 17.INVESTIGATIONS
ARTICLE 18.IMPOSITION OF PENALTIES
ARTICLE 19. WAIVERS
ARTICLE 20.ADVISORY OPINIONS
ARTICLE 21.TRAINING AND EDUCATION
ARTICLE 22.ANNUAL REPORTS
ARTICLE 23.TRANSPARENCY
ARTICLE 24.DISCLOSURE STATEMENT
ARTICLE 1. PURPOSE
The purpose of this law is to create the St. Lawrence County Ethics and Disclosure Law in compliance with Article 18 of the New York State General Municipal Law. The citizens of St. Lawrence County are entitled to the expectation of exemplary ethical behavior from their County officers, employees, elected and appointed officials, and this law is intended to create the minimum standards, that constitute that behavior. At the same time, one must recognize that public service cannot require a complete divesting of all proprietary interests by public servants, or impose overly burdensome disclosure requirements, if the government is to attract and hold highly competent officers and employees. Although the assurance of ethical, conflict-free conduct will continue to rest primarily on the personal integrity of the officers and employees themselves, on their commitment to the public good, and on the vigilance of the citizenry, the establishment of, and adherence to, the standards and procedures set forth in this law will serve to provide the highest caliber of public administration and foster increased confidence in public officials. By requiring public annual disclosure of interests that may influence or be perceived to influence the actions of government officials, by mandating ethics training for all government officials, and by assuring the availability of legal advice about the propriety of proposed actions by government officers and employees, this law intends to facilitate the consideration of potential problems before they arise, to minimize unwarranted suspicion, and to enhance the accountability of the government to the people. Recognizing that the overwhelming majority of public servants are honest, this law focuses primarily on prevention, not punishment, and thereby seeks to promote both the reality and the perception of integrity and transparency in government.
ARTICLE 2. DEFINITIONS
Unless otherwise indicated, the following terms are defined for the purpose of the St. Lawrence County Ethics Law:
1. “Agency” means any of the divisions of County government, except the Legislature.
2. “Appointed Official” means any individual who is appointed by the Chair of the Board of Legislators or the County Legislature to any agency, institution, department, office, branch, division, council, commission, board or bureau, whether paid or unpaid.
3. “Appropriate body” pursuant to Article 18 of General Municipal Law, means the Board of Ethics of the County of St. Lawrence.
4. “Child” means any son, daughter, step-son or step-daughter, natural or adopted of a County Officer, employee or appointed official if such child is under 18 or is a dependent of the officer, employee or appointed official as defined in Internal Revenue Code Section 152(a)(1) and (2), and any amendments thereto.
5. “Confidential Information” meansany record or other information in any format that is either:
(a.) prohibited by federal or state law from disclosure to the public; or (b.) prohibited from
disclosure to the public by local law of the County; or (c) exempt from mandatory disclosure
under the New York State Freedom of Information Law (“FOIL”) and the New York State Open
Meetings Law.
6. “County” means the County of St. Lawrence or any department, board, executive division, institution, office, branch, bureau, commission, agency, legislature or other division or part thereof.
7. “County Elected Official” means a County Legislator, the County Clerk, the District Attorney, the County Treasurer, the Sheriff or the Coroner.
8. “Domestic Partner” means a person who is neither married nor related by blood or marriage to the County officer or employee, and is the County officer or employee’s sole spousal equivalent; lives together with the County Officer or employee in the same residence and intends to do so indefinitely and is responsible with the County officer or employee for each other’s welfare.
9. “Gift” means anything of value sought or received for less than fair market value, whether in the form of money, service, loan, travel, entertainment, or tickets, or in any other form.
10. “Government” means the St. Lawrence County Legislature, and includes all of its agencies, offices, departments, divisions, bureaus, boards, administrations, authorities, corporations, councils, commissions, and other units.
11. “Interest” means a direct or indirect pecuniary or material benefit accruing to a County officer, employee or appointed official, his or her spouse, domestic partner or child, whether as the result of a contract with the County, or otherwise. A County officer, employee or appointed official shall be deemed to have an interest in any contract with:
(a) his or her spouse and children, except a contract of employment with the County;
(b) a firm, partnership or association of which such officer, employee or appointed official or his or her spouse, domestic partner or child is a member or employee;
(c) a corporation of which such officer, employee or appointed official or his or her spouse, domestic partner or child is an officer or director; and
(d) a corporation of which the outstanding capital stock is owned by an officer, employee or appointed official, or his or her spouse, domestic partner or child.
12. “Jurisdiction” shall mean having the authority, capacity, power or right to act with regard to the management and administration of policy and supervision of personnel of the County agency (as defined above at Article 2, Section 1) in which she or he is an officer, employee or appointed official (as defined above at Article 2, Sections 2 and 6).
13. “Legislation” means a matter which appears upon the calendar or agenda of the Legislature of St. Lawrence County or upon a committee hereof upon which any official action has been taken and shall include adopted acts, local laws, ordinances or resolutions.
14. “Major campaign contributor” of a County officer or employee means any individual or entity that has made, in the aggregate during the preceding 24 months, contributions of $1,000 or more for the election of the County officer or employee to any public office.
15. “Ministerial act” means an administrative act, including the issuance of a license, permit, or other permission by the government, which is carried out in a prescribed manner and which does not involve substantial personal discretion.
16. “Officer” or “employee” means any officer or employee of the County of St. Lawrence. It also includes elected officials, appointed officials and heads of any agency, institution, department, office, branch, division, council, commission, board or bureau of the County of St. Lawrence, whether paid or unpaid, who occupy a policy making position.
17. “Policy-Making position” A position in County government shall be considered a policy-making position if it meets the following criteria, based either on the powers and duties of the position as set forth in the job description or any applicable law or regulation, or based on the
actual duties performed by the person holding that position:
(a)the position has been determined to be managerial pursuant to Civil Service Law
§201(7); because the occupant formulates policy or;
(b)the position is in the non-competitive class under §2.2 of the rules and regulations of the New York State Department of Civil Service and it is designated by the County Civil Service Commissioner as a position which requires the performance of functions influencing policy, or
(c)the position is in the non-competitive class under §2.2 of the rules and regulations of the New York State Department of Civil Service and it is designated by the County Civil Service Commissioner as a position which requires the performance of functions influencing policy, or
(d) the person holding the position exercise responsibilities of a broad scope in the formulation of plans for the implementation of goals or policy for a county agency acts as an advisor to an individual in such a position, and
(e)Officers and employees holding the position have discretionary authority with respect to;
(1)Contracts, leases, franchises, revocable consents, concessions, variances, special permits, or licenses; or
(2)The purchase, sale, rental or lease of real property, personal property, or services or a contract therefore; or
(3)The obtaining of grants of money or loans; or
(4)Inspections; or
(5)The adoption or repeal of any rule or regulation having the force and effect of law.
18. “Relative” means spouse, domestic partner, child, stepchild, brother, sister, parent, or stepparent of the County officer or employee. In addition, any person claimed as a dependent on the latest income tax return.
19. “Spouse” means the husband or wife of an officer, employee or appointed official subject to the provisions of this Local Law unless legally separated from such officer, employee or appointed official.
20. “Subordinate” means a County officer or employee the work of whom one has the authority to directly or indirectly control or direct, whether or not the two officers or employees stand in a direct reporting relationship to one another.
21. “Financial Relationship” an ownership or investment interest in the legal entity or a compensation arrangement with the legal entity
22. “Political Activity” doing something in active support of or opposition of a political party or a candidate for partisan political office or a partisan political group.
ARTICLE 3. CODE OF ETHICS
A. Government officers and employees should strive to conduct themselves in accordance with the ethical principles set forth in the following Code of Ethics. In all actions, as a government officer or employee: