October 4, 2010

St. Lawrence County Regular Board Meeting

Board of LegislatorsMonday, October 4, 2010

Board Room7:00 p.m.

Chair Paquin called the meeting to order at 7:00 p.m.

ROLL CALL: All Legislators were present with the exception ofMr. Girard.

Mr. Burns led everyone in prayer, followed by the Pledge of Allegiance.

APPROVAL OF AGENDA: Chair Paquin noted that he has received a request by the Public Health Department to withdraw the Resolution pertaining to the Registered Nurse assigned to the Jail. There were no objections. Mr. Forsythe moved to approve the agenda as amended, seconded by Mr. Turbett and Mr. FitzRandolph, and carried with fourteen (14) yes votes, and one (1) Legislator absent Mr. Girard.

APPROVAL OF MINUTES: Mr. Morrill moved to approve the minutesfrom theSeptember 13, 2010, September 20, 2010, and September 27, 2010 meetings, seconded by Mr. Peck. Mr. Burns pointed out on page 17 of the September 13, 2010 Board Meeting, the adoption of Resolution No. 288-2010 should read“was adopted by a voice vote with thirteen (13) yes, (1) no vote, and one Legislator absent (Paquin)”. The Deputy Clerk will make the suggested change. The minutes were approved as amended with fourteen (14) yes votes and one (1) Legislator absent (Girard).

COMMUNICATIONS – The Deputy Clerk read the following Correspondence:

1.Correspondence was received from Governor David Paterson acknowledging receipt of Resolution No. 314-2010, regarding cell phone roaming charges.

2.Correspondence was received from the New York State Department of Public Service acknowledging receipt of Resolution No. 314-2010,regarding cell phone roaming charges.

3.Correspondence was received from Assemblywoman Scozzafava acknowledging receipt of Resolution No. 314-2010,regarding cell phone roaming charges.

4.Two resolutions were received from SenecaCounty entitled “Board of Supervisors Proclaim September 28, 2010 Governor David A. Paterson Day” and “Board of Supervisors Renames Bayard Street Extension, in the Town of Seneca Falls as Governor David A. Paterson Boulevard”.

CITIZEN PARTICIPATION:

Mr. Donald Hassig, Cancer Action New York, stood and addressed the Board by reading a resolution from Town of Dewitt, OnondagaCounty. He said the Resolution was adopted bya vote of four (4) yes, and three (3) no votes. He read names of the Town Council members that voted in favor of the resolution and those that voted no. He said this resolution is similar to what has been brought before this Board. He said Cancer Action New York is hopeful that this Board would pass something similar. He understands that change takes time, but was hopeful that this would not be lengthy process. He stated that they (Cancer Action New York) are finding allies. He recognizeda Federal Agency, Agency for Toxic Substances and Disease Registry, and read from a publication regarding eating fatty foods and its link to cancer. He stated that this organization has information that can be obtained for free. He added that he appreciated the County allowing the information table at the HumanServicesCenter.

PRESENTATION OF RESOLUTIONS:

Operations Committee: 9-20-2010

RESOLUTION NO.320-2010

DECLARING OCTOBER DOMESTIC VIOLENCE AWARENESS MONTH

By Mr. Turbett, Chair, Operations Committee

WHEREAS, October has been designated as Domestic Violence Awareness Month, and

WHEREAS, the St. Lawrence County Domestic Violence Task Force has been working to bring about changes in community norms which support the development of healthy relationships and families in our communities, and

WHEREAS, the Task Force is working to create a continuum of services which range from prevention, crisis intervention and counseling through shelter, advocacy and legal intervention, and

WHEREAS, many activities are planned throughout the country and within the County to highlight Domestic Violence Awareness Month,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators declares October Domestic Violence Awareness Month, and

BE IT FURTHER RESOLVED that the Board of Legislators encourages all citizens of the County to support the development of healthy non-violent relationships.

* * *

Mr. Turbett moved to adopt Resolution No. 320-2010, seconded by Mr. Burns and Ms. Brothers, and carried by a voice vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Operations Committee: 9-20-2010

RESOLUTION NO.321-2010

AUTHORIZING THE CHAIR TO SIGN THE

PROBATION ELIGIBLE DIVERSION (PED) CONTRACT

By Mr. Turbett, Chair, Operations Committee

WHEREAS, St. Lawrence County has been notified that funding for the Probation Eligible Diversion Program for the period of January 1, 2010 through December 31, 2010 has been approved at $51,775, and

WHEREAS, the total cost of this project is $85,481, of which $51,775 comes from this grant, which will reflect in account number 01-Q1-3310-560-00-0-PED, and $7,399 is projected from NYS Office of Probation and Correctional Alternatives State Aid (01-Q1-3310-560-00-0), leaving a county cost of $26,307, and

WHEREAS, through participation in this initiative, the County provides Interim Supervision to prison bound offenders in an effort to keep them in the community,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators hereby authorizes the continuance of this program and authorizes the Chair to execute such documents as may be necessary, upon approval of the County Attorney, and

BE IT FURTHER RESOLVED that when the funding ends, the Program will be eliminated.

* * *

Mr. Turbett moved to adopt Resolution No. 321-2010, seconded by Mr. House, and carried by a voice vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Operations Committee: 9-20-2010

RESOLUTION NO.322-2010

AUTHORIZING THE CHAIR TO SIGN THE

ALTERNATIVES TO INCARCERATION (ATI)SERVICE PLAN CONTRACT

By Mr. Turbett, Chair, Operations Committee

WHEREAS, the St. Lawrence County Alternatives to Incarceration Advisory Board approved an extension of the Alternatives to Incarceration (ATI) Plan for St. Lawrence County for January 1, 2010 through December 31, 2010, and

WHEREAS, the services will be funded with $31,725 annually in ATI Funds which will reflect in account number 01-Q1-3310-560-00-0-ATI, and

WHEREAS, the total cost of the ATI Program for 2010 is $85,879, of which $31,725 comes from the grant, and $8,564 is projected in NYS Office of Probation and Correctional Alternatives state aid (01-Q1-3310-560-00-0), leaving a County cost of $45,590,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators approves the 2010 Alternatives to Incarceration Plan for St. Lawrence County and authorizes the Chair to proceed with the processing of said plan with the New York State Division of Probation and Correctional Alternatives and execute such documents as necessary in conjunction with such processing, upon approval of the County Attorney.

* * *

Mr. Turbett moved to adopt Resolution No. 322-2010, seconded by Mr. Morrill and Ms. Brothers, and carried by a voice vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Operations Committee: 9-20-2010

RESOLUTION NO.323-2010

AUTHORIZING THE CHAIR TO SIGN CONTRACTS WITH THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES (OPCA)

By Mr. Turbett, Chair, Operations Committee

WHEREAS, in the Governor’s 2010 budget the former Division of Probation and Correctional Alternatives (DPCA) was merged with the Division of Criminal Justice Services (DCJS), and

WHEREAS, their new name is the Office of Probation and Correctional Alternatives (OPCA), and

WHEREAS, it is necessary for the Chair to sign amended contracts with the new Office of Probation and Correctional Alternatives (OPCA),

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators hereby authorizes the Chair to sign said amended contracts, upon approval of the CountyAttorney.

* * *

Mr. Turbett moved to adopt Resolution No. 323-2010, seconded by Ms. Brothers, and carried by a voice vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Operations Committee: 9-20-2010

RESOLUTION NO. 324-2010

ESTABLISHING APPROPRIATION AND REVENUE ACCOUNTS WITHIN

THE ST. LAWRENCE COUNTY BUDGET FOR

A COMMUNITY DEVELOPMENT BLOCK GRANT AWARD

FOR HOUSING REHABILITATION IN THE TOWN OF BRASHER

By Mr. Turbett, Chair, Operations Committee

Co-Sponsored by Mr. Grow, District 13

WHEREAS, the New York State Office for Community Renewal has awarded $400,000 to St. Lawrence County through the 2010 Community Development Block Grant Program, and

WHEREAS, these funds will be used for a housing rehabilitation project located in the Town of Brasher,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Treasurer to establish the following accounts in the 2010 St. Lawrence County Budget:

INCREASE APPROPRIATIONS:

01-N1-8020-460-GP-0-NH39N CDBGBrasher 2010$400,000

INCREASE REVENUE:

01-N1-4910-570-00-0-NH39 N FA CDBG Brasher 2010$400,000

* * *

Mr. Turbett moved to adopt Resolution No. 324-2010, seconded by Mr. Grow, and carried by a roll call vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Operations Committee: 9-20-2010

RESOLUTION NO. 325-2010

ESTABLISHING APPROPRIATION AND REVENUE ACCOUNTS WITHIN

THE ST. LAWRENCE COUNTY BUDGET

FOR A COMMUNITY DEVELOPMENT BLOCK GRANT AWARD

FOR DIRECT HOMEOWNERSHIP ASSISTANCE

By Mr. Turbett, Chair, Operations Committee

WHEREAS, the New York State Office for Community Renewal has awarded $750,000 to St. Lawrence County through the 2010 Community Development Block Grant Program, and

WHEREAS, these funds will be used in the County’s Direct Homeownership Assistance Program (DHAP 18),

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Treasurer to establish the following accounts in the 2010 St. Lawrence County Budget:

INCREASE APPROPRIATIONS:

01-N1-8020-460-GP-0-NH38N CDBGDHAP 2010$750,000

INCREASE REVENUE:

01-N1-4910-570-00-0-NH38N FA DHAP 2010$750,000

* * *

Mr. Turbett moved to adopt Resolution No. 325-2010, seconded by Mr. Morrill. Mr. Burns clarified that this is a County wide program and will be administered through the Planning Office and anyone can apply. Resolution No. 325-2010 was adopted by a roll call vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Operations Committee: 9-20-2010

RESOLUTION NO. 326-2010

ESTABLISHING APPROPRIATION AND REVENUE ACCOUNTS WITHIN

THE ST. LAWRENCE COUNTY BUDGET FOR A

COMMUNITY DEVELOPMENT BLOCK GRANT AWARD

FOR HOUSING REHABILITATION IN THE VILLAGE OF CANTON

By Mr. Turbett, Chair, Operations Committee

Co-Sponsored by Mr. FitzRandolph, District 9

WHEREAS, the New York State Office for Community Renewal has awarded $400,000 to St. Lawrence County through the 2010 Community Development Block Grant Program, and

WHEREAS, these funds will be used for a housing rehabilitation project located in the Village of Canton,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Treasurer to establish the following accounts in the 2010 St. Lawrence County Budget:

INCREASE APPROPRIATIONS:

01-N1-8020-460-GP-0-NH40N CDBGCanton 2010$400,000

INCREASE REVENUE:

01-N1-4910-570-00-0-NH40 N FA CDBG Canton 2010$400,000

* * *

Mr. Turbett moved to adopt Resolution No. 326-2010, seconded by Mr. FitzRandolph, and carried by a roll call vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Operations Committee: 9-20-2010

RESOLUTION NO. 327-2010

ESTABLISHING APPROPRIATION AND REVENUE ACCOUNTS WITHIN

THE ST. LAWRENCE COUNTY BUDGET FOR A

COMMUNITY DEVELOPMENT BLOCK GRANT AWARD

FOR HOUSING REHABILITATION IN THE TOWN OF RUSSELL

By Mr. Turbett, Chair, Operations Committee

Co-Sponsored by Mr. Morrill, District 6

WHEREAS, the New York State Office for Community Renewal has awarded $400,000 to St. Lawrence County through the 2010 Community Development Block Grant Program, and

WHEREAS, these funds will be used for a housing rehabilitation project located in the Town of Russell,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Treasurer to establish the following accounts in the 2010 St. Lawrence County Budget:

INCREASE APPROPRIATIONS:

01-N1-8020-460-GP-0-NH41N CDBGRussell 2010$400,000

INCREASE REVENUE:

01-N1-4910-570-00-0-NH41 N FA CDBG Russell 2010$400,000

* * *

Mr. Turbett moved to adopt Resolution No. 327-2010, seconded by Mr. Morrill, and carried by a roll call vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Operations Committee: 9-20-2010

RESOLUTION NO. 328-2010

MODIFYING THE 2010 BUDGET FOR ASSIGNED COUNSEL

By Mr. Turbett, Chair, Operations Committee

WHEREAS, the cost of Assigned Counsel for Indigent Defense has exceeded the current budget appropriations,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Treasurer to make the following modifications to the 2010 Budget:

INCREASE APPROPRIATIONS:

01-IA-1170-430-AC-0I AID Appeals Cases$20,000

01-IA-1170-430-CC-0I AID Criminal Cases10,000

01-IA-1170-430-FC-0I AID Family Court Cases 20,000

$50,000

DECREASE APPROPRIATIONS:

01-B1-1990-497-00-0B SPEC Contingency Account $50,000

* * *

Mr. Turbett moved to adopt Resolution No. 328-2010, seconded by Mr. Forsythe, and carried by a roll call vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Services Committee: 9-20-2010

RESOLUTION NO. 329-2010

AUTHORIZATION TO FILL A PROBATION SUPERVISOR

POSITIONIN THE PROBATION DEPARTMENT

By Ms. Brothers, Chair, ServicesCommittee

WHEREAS,on August 4, 2008, the St. Lawrence County Board of Legislators adopted Resolution No. 281-2008, which implemented a non-essential services hiring freeze, and

WHEREAS, Position No. 6102-001, Probation Supervisor, will be vacated on September 29, 2010 due to retirement, and

WHEREAS, this position supervises 9Probation Officers and Senior Probation Officers and district offices in Ogdensburg and Gouverneur,and

WHEREAS, the position oversees officers supervising 550-600 probationers, and

WHEREAS, the position oversees 16 justice courts and the City of Ogdensburg Court,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Probation Director to fill Position No. 6102-001, Probation Supervisor, in the Probation Department, no earlier than thirty (30) days from the date vacated.

* * *

Ms. Brothers moved to adopt Resolution No. 329-2010, seconded by Mr. Morrill, and carried by a voice vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Services Committee: 9-20-2010

RESOLUTION NO. 330-2010

AUTHORIZATION TO FILL ONE REGISTERED NURSE POSITION

WITHIN THE PUBLIC HEALTH DEPARTMENT

By Ms. Brothers, Chair, Services Committee

WHEREAS,on August 4, 2008, the St. Lawrence County Board of Legislators adopted Resolution No. 281-2008, which implemented a non-essential services hiring freeze, and

WHEREAS, Position No. 5010-037, Registered Nurse, was vacated on September 3, 2010 due to retirement, and

WHEREAS, this position is critical to the operation of the Certified Home Health Agency, and

WHEREAS, this position provides skilled nursing services to the citizens of St. Lawrence County equaling approximately $93,101 in revenue, and

WHEREAS, the cost for this position is estimated at $64,447 for all expenses to include salaries, benefits and general operating costs for a full year, and

WHEREAS, this position and respective revenue are currently included in the 2010 St. Lawrence County Public Health Budget,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorize the Public Health Director to fill Position No. 5010-037, Registered Nurse, in the Public Health Department, no earlier than thirty (30) days from the date vacated.

* * *

Ms. Brothers moved to adopt Resolution No. 330-2010, seconded by Mr. House, Mr. Morrill, and Ms. Perry, and carried by a voice vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Services Committee: 9-20-2010

RESOLUTION NO. 331-2010– WITHDRAWN

AUTHORIZATION TO FILL ONE REGISTERED NURSE POSITION

IN THE PUBLIC HEALTH DEPARTMENT

By Ms. Brothers, Chair, Services Committee

WHEREAS,on August 4, 2008, the St. Lawrence County Board of Legislators adopted Resolution No. 281-2008, which implemented a non-essential services hiring freeze, and

WHEREAS, Position No. 5010-024, Registered Nurse, was vacated on October 8, 2010 due to a resignation, and

WHEREAS, this position is critical to the operation of nursing services at the Correctional Facility, and

WHEREAS, this position provides skilled nursing services to the inmates, and

WHEREAS, the cost for this position is estimated at $64,447 for all expenses to include salaries, benefits and general operating costs for a full year, and

WHEREAS, this position is currently included in the 2010 St. Lawrence County Public Health Budget,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorize the Public Health Director to immediately fill Position No. 5010-024, Registered Nurse, in the Public Health Department.

* * * This Resolution was withdrawn by consensus of the Board.

Services Committee: 9-20-2010

RESOLUTION NO. 332-2010

AUTHORIZATION TO FILL A CORRECTION OFFICER

POSITION IN THE SHERIFF’S OFFICE

By Ms. Brothers, Chair, Services Committee

WHEREAS, on August 4, 2008, the St. Lawrence County Board of Legislators adopted Resolution No. 281-2008, which implemented a non-essential services hiring freeze, and

WHEREAS, Position No. 6030-012,Correction Officer, has been vacant since August 26, 2010 due to a retirement, and

WHEREAS, the position has been vacant for at least thirty (30) days, and

WHEREAS,this position is needed to meet full staffing requirements at the Correctional Facility,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Sheriff to fill Position No. 6030-012, Correction Officer, in the Sheriff’s Office be filled, no earlier than thirty (30) days from the date vacated.

* * *

Ms. Brothers moved to adopt Resolution No. 332-2010, seconded by Mr. Peck and Mr. Morrill, and carried by a voice vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Services Committee: 9-20-2010

RESOLUTION NO. 333-2010

AUTHORIZATION TO FILL A CHIEF CIVIL DEPUTYPOSITION

IN THE SHERIFF’S OFFICE

By Ms. Brothers, Chair, Services Committee

WHEREAS,on August 4, 2008, the St. Lawrence County Board of Legislators adopted Resolution No. 281-2008, which implemented a non-essential services hiring freeze, and

WHEREAS, Position No. 6011-001, Chief Civil Deputy, will be vacated on September 24, 2010 due to a retirement, and

WHEREAS, the Civil Division is a mandated part of the Sheriff’s Office with this position being the Supervisor over three Clerks and two Civil Deputies, and

WHEREAS, this Supervisor position is critical in running this division, and

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Sheriff to immediately fill Position No. 6011-001, Chief Civil Deputy, in the Sheriff’s Office.

* * *

Ms. Brothers moved to adopt Resolution No. 333-2010, seconded by Mr. Burns, and carried by a voice vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).

Services Committee: 9-20-2010

RESOLUTION NO. 334-2010

AUTHORIZATION TO FILL A CIVIL DEPUTYPOSITION

IN THE SHERIFF’S OFFICE

By Ms. Brothers, Chair, Services Committee

WHEREAS,on August 4, 2008, the St. Lawrence County Board of Legislators adopted Resolution No. 281-2008, which implemented a non-essential services hiring freeze, and

WHEREAS, Position No. 6010-002, Civil Deputy, will be vacated on September 27, 2010 due to a promotion, and

WHEREAS, the Civil Division is a mandated part of the Sheriff’s Office with this position being the second of only two Civil Deputies, and

WHEREAS, this Division generates revenue of approximately $350-$400,000 per year and this entry level Civil Deputy is the base for that revenue as the two Civil Deputies are the only two field officers that complete the functions of this office,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators authorizes the Sheriff to fill Position No. 6011-002, Civil Deputy, in the Sheriff’s Office, no earlier than thirty (30) days from the date vacated.

* * *

Ms. Brothers moved to adopt Resolution No. 334-2010, seconded by Mr. Morrill, and carried by a voice vote with fourteen (14) yes votes and one (1) Legislator absent (Girard).