minutes committee: thomas c. schwartz mark r. …legislators: philip j. roche thomas j. mcintyre...

Monday, January 12, 2004 1

STEUBEN COUNTY RULES COMMITTEE Monday, January 12, 2004

11:00 a.m. Legislative Committee Conference Room

Steuben County Office Building Bath, New York

**MINUTES**

COMMITTEE: Richard A. Argentieri, Chair Robert V. Nichols, Vice Chair Patrick F. Donnelly Thomas C. Schwartz STAFF: Mark R. Alger Robert F. Biehl Nancy Smith Frederick H. Ahrens, Jr. Michele Smith Kathryn Biehl Richard C. Tweddell Nancy Steineger Sally MacDougal Victoria Fuerst Chris Congdon LEGISLATORS: Philip J. Roche Thomas J. McIntyre John Walsh OTHERS: Kelly Sue Graf, Labor Relations Specialist I. CALL TO ORDER

Mr. Argentieri called the meeting to order at 11:00 a.m.

II. APPROVAL OF MINUTES MOTION: APPROVING THE MINUTES OF THE DECEMBER 1, 2003 MEETING MADE BY MR. SCHWARTZ. SECONDED BY MR. DONNELLY. ALL BEING IN FAVOR. MOTION CARRIES 4-0. III. GRIEVANCES MOTION: TO ADJOURN REGULAR SESSION AND RECONVENE IN EXECUTIVE SESSION PURSUANT TO PUBLIC OFFICERS’ LAW, ARTICLE 7§ 105.1.F. THE MEDICAL, FINANCIAL, CREDIT OR EMPLOYMENT HISTORY OF A PARTICULAR PERSON OR CORPORATION, OR MATTERS LEADING TO THE APPOINTMENT, EMPLOYMENT, PROMOTION, DEMOTION, DISCIPLINE, SUSPENSION, DISMISSAL OR REMOVAL OF A PARTICULAR PERSON OR CORPORATION MADE BY MR. SCHWARTZ. SECONDED BY MR. NICHOLS. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: DENYING BOTH PUBLIC HEALTH & NURSING SERVICES GRIEVANCES MADE BY MR. NICHOLS. SECONDED BY MR. DONNELLY. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: DENYING THE DEPARTMENT OF SOCIAL SERVICES GRIEVANCE MADE BY MR. SCHWARTZ. SECONDED BY MR. DONNELLY. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: DENYING THE GRIEVANCE IN THE SHERIFF’S CORRECTIONS DEPARTMENT RELATING TO PAID LEAVE MADE BY MR. DONNELLY. SECONDED BY MR. NICHOLS. ALL BEING IN FAVOR. MOTION CARRIES 4-0

Monday, January 12, 2004 2

MOTION: TO ADJOURN EXECUTIVE SESSION AND RECONVENE IN REGULAR SESSION MADE BY MR. DONNELLY. SECONDED BY MR. NICHOLS. ALL BEING IN FAVOR. MOTION CARRIES 4-0. IV. OTHER BUSINESS OTB Report – Mr. Argentieri informed the committee that the amount paid to Steuben County for the month of November was $7,245.00. The amount paid to the County for the month of December was $6,239.00. MOTION: TO ADJOURN MADE BY MR. SCHWARTZ. SECONDED BY MR. DONNELLY. ALL BEING IN FAVOR. MOTION CARRIES 4-0. Respectfully Submitted By: Amanda L. Chapman Senior Stenographer Steuben County Legislature

Wednesday, February 9, 2004 3

STEUBEN COUNTY RULES COMMITTEE Monday, February 9, 2004



**MINUTES**

COMMITTEE: Francis L. Gehl, Chair Richard A. Argentieri, Vice Chair David Stachnik John Walsh STAFF: Mark R. Alger Frederick H. Ahrens, Jr. Michele Smith Kathryn Biehl Robert F. Biehl Nancy Smith Richard C. Tweddell Sally MacDougal Kim Mason OTHERS: Kelly Sue Graf, Labor Relations Specialist I. CALL TO ORDER Mr. Gehl called the meeting to order at 11:00 a.m. He asked Mr. Argentieri to lead the Pledge of Allegiance. Mr. Gehl stated that the agenda will now include the Pledge of Allegiance and Public Comment. He noted that this committee will abide by Robert’s Rules of Order. II. APPROVAL OF MINUTES MOTION: APPROVING THE MINUTES OF THE JANUARY 12, 2004 MEETING MADE BY MR. ARGENTIERI. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. III. GRIEVANCES MOTION: TO ADJOURN REGULAR SESSION AND RECONVENE IN EXECUTIVE SESSION PURSUANT TO PUBLIC OFFICERS’ LAW, ARTICLE 7§ 105.1.F THE MEDICAL, FINANCIAL, CREDIT OR EMPLOYMENT HISTORY OF A PARTICULAR PERSON OR CORPORATION, OR MATTERS LEADING TO THE APPOINTMENT, EMPLOYMENT, PROMOTION, DEMOTION, DISCIPLINE, SUSPENSION, DISMISSAL OR REMOVAL OF A PARTICULAR PERSON OR CORPORATION MADE BY MR. ARGENTIERI. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: DENYING THE SHERIFF’S DEPARTMENT GRIEVANCE REGARDING DENIAL OF ENTITLED PAY MADE BY MR. STACHNIK. SECONDED BY MR. ARGENTIERI. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: DENYING THE SHERIFF’S DEPARTMENT GRIEVANCE REGARDING DENIAL OF EMERGENCY ANNUAL LEAVE MADE BY MR. STACHNIK. SECONDED BY MR. ARGENTIERI. ALL BEING IN FAVOR. MOTION CARRIES 4-0.

Wednesday, February 9, 2004 4

MOTION: TABLING THE GRIEVANCE FOR THE HEALTH CARE FACILITY UNTIL THE MARCH MEETING MADE BY MR. ARGENTIERI. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: DENYING THE GRIEVANCE HELD OVER FROM LAST MONTH FOR THE DEPARTMENT OF SOCIAL SERVICES MADE BY MR. STACHNIK. SECONDED BY MR. WALSH. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION TO ADJOURN EXECUTIVE SESSION AND RECONVENE IN REGULAR SESSION MADE BY MR. ARGENTIERI. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. IV. NEW BUSINESS Mr. Gehl stated that it has been proposed to hold the monthly meetings on the first Wednesday of each month at 11:00 a.m. MOTION: AGREEING TO HOLD THE MONTHLY RULES COMMITTEE MEETINGS ON THE FIRST WEDNESDAY OF EACH MONTH AT 11:00 A.M. MADE BY MR. ARGENTIERI. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: TO ADJOURN MADE BY MR. ARGENTIERI. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. Respectfully submitted by: Amanda L. Chapman Senior Stenographer Steuben County Legislature

NEXT COMMITTEE MEETING SCHEDULED FOR Wednesday, March 3, 2004

11:00 a.m.

PLEASE SEND AGENDA ITEMS TO THE CLERK OF THE LEGISLATURE'S OFFICE NO LATER THAN NOON

Wednesday, February 25, 2004.

Wednesday, March 3, 2004 5

STEUBEN COUNTY RULES COMMITTEE Wednesday, March 3, 2004



**MINUTES**

COMMITTEE: Francis L. Gehl, Chair Thomas C. Schwartz David Stachnik John Walsh STAFF: Mark R. Alger Frederick H. Ahrens, Jr Michele Smith Robert F. Biehl Nancy Smith Christine Kane Sally MacDougal LEGISLATORS: Philip J. Roche, Esq. DeWitt T. Baker, D.V.M. Thomas J. McIntyre ABSENT: Richard A. Argentieri, Vice Chair OTHERS: Kelly Sue Graf, Labor Relations Specialist Mary Perham, The Leader I. CALL TO ORDER Mr. Gehl called the meeting to order at 11:00 a.m. He asked Mr. Schwartz to lead the Pledge of Allegiance. II. APPROVAL OF MINUTES MOTION: APPROVING THE MINUTES OF THE FEBRUARY 9, 2004 MEETING MADE BY MR. SCHWARTZ. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. III. OPPORTUNITY FOR PUBLIC COMMENT Mr. Gehl opened the floor for public comment. There being none, he declared the opportunity for public comment closed. IV. GRIEVANCES MOTION: TO ADJOURN REGULAR SESSION AND RECONVENE IN EXECUTIVE SESSION PURSUANT TO PUBLIC OFFICERS’ LAW, ARTICLE 105.1.F. THE MEDICAL, FINANCIAL, CREDIT OR EMPLOYMENT HISTORY OF A PARTICULAR PERSON OR CORPORATION, OR MATTERS LEADING TO THE APPOINTMENT, EMPLOYMENT, PROMOTION, DEMOTION, DISCIPLINE, SUSPENSION, DISMISSAL OR REMOVAL OF A PARTICULAR PERSON OR CORPORATION MADE BY MR. STACHNIK. SECONDED BY MR. SCHWARTZ. ALL BEING IN FAVOR. MOTION CARRIES 4-0.


MOTION: TO ADJOURN EXECUTIVE SESSION AND RECONVENE IN REGULAR SESSION MADE BY MR. WALSH. SECONDED BY MR. SCHWARTZ. ALL BEING IN FAVOR. MOTION CARRIES 4-0. V. NEW BUSINESS OTB Report – Mr. Gehl reported that fees paid to the County in January were $5,733.00. Chairman’s Request – Mr. Gehl informed the committee that he had received a letter from Chairman Roche asking that this committee revisit the issue regarding the election of the legislative chairman and vice chairman. Mr. Gehl stated this issue came up last November and he understands why it did not go through. He would like the Law Department to work on this. Mr. Schwartz stated that in light of the fact that Mr. Argentieri had to go out of town, he would like to discuss this when he is present and also when other legislators are present before we put this on the floor. Mr. Stachnik commented this is something that should be discussed at committee level. We will discuss this next month and hopefully Mr. Argentieri will be here. Mr. Ahrens stated there is plenty of time to deliberate on this. He will look at the old resolution and sit down with Mr. Alger and Mrs. Kane to see if they can identify the significant issues that were identified last time and then address those concerns. Sometime over the summer, we would be in a position, if you wanted, to forward this to the full legislature. Mr. Gehl stated that this was brought up now because it gives us time between now and two years from now. Mr. Stachnik stated he thinks it is needed. The public deserves to know how you vote. Mr. Gehl stated that it could be done by ballot and have the individual voting, sign it and the clerk would read the vote and who it was from. Mr. Schwartz stated that he is in agreement with Mr. Stachnik. He has no problem with an open vote at all. He has a real problem with having the weighted vote. This is a position that is appointed by fellow legislators. He will never support a weighted vote. Mr. Ahrens stated that you are currently electing the chairman and vice chairman by 10 votes because you have to accommodate the weight. You cannot have an action of the legislature being taken by less than the weight. It is conceivable to have 9 legislators and the weight of the legislature to elect these positions. You can’t get around the weight as it is a constitutional requirement. This runs through the fiber of everything we do. Mr. Ahrens stated these are some of the issues that we can identify. Mr. Schwartz commented we agreed not to take any action after the last census to change our composition. After seeing some of the communities, they don’t merit the weight they currently have. Mr. Ahrens stated reapportionment only could occur every decade. We can’t do anything about it until after the 2010 census. Mr. Alger stated every time the census is done, there is a shift in the population. He would suggest that after the next census he would thoroughly expect that adjusting the weights would result in less than 9 legislators carrying issues frequently. Even the 10 votes for chairman would not be sufficient. Mr. Gehl commented we live by what happens when the census is taken and for the next ten years we will live by those rules and regulations when we make our decisions. Mr. Ahrens stated that he would like to revisit what Mr. Alger just talked about. Whatever you do will be in a state of flux. For example, you may decide that it would be better to have 15 – 20 legislators. Then it would be silly to have a rule that 9 or 10 legislators would carry or would not carry a vote. Mr. Alger stated the rules are a result of changes made in 1984. Mr. Ahrens stated what you do now is dictated by the 2000 census and will be good for the balance of the decade.


Mr. Schwartz stated that having the open vote is a good thing. Is there a specific vote required to change the rules? Mr. Ahrens replied you would have to have a vote of 15 or the unanimous vote of those present. There are two steps to modify the Rules of Procedure. First you put forth the resolution and then it is held over for one month. It takes a simple majority the second month for that resolution to pass. What you could do is require that in order for that to pass you would need to have an extraordinary majority. For the purpose of electing a chairman, you could have 10 legislators and the majority of the weight of the legislature or require a two-thirds vote or whatever. That is wide open. He explained the only reason he drafted the resolution with the weight of the majority is that is fundamentally what County Law dictates. With that being said, there are a lot of choices and he could see us spending three or four months approaching each issue until we talk it out. Mr. Gehl asked for a show of hands, those members of the committee that wanted Mr. Ahrens to look at this issue. All members of the committee were in agreement. Mr. Schwartz stated that he would like to make a suggestion. It would be in the best interest of Mr. Roche to call a special session of the Legislature to discuss this issue prior to putting a resolution on the floor for approval. He would like to keep the legislative body informed as this process moves forward. Dr. Baker stated when a resolution that is not on the agenda is brought to the Board and it is turned down, it can’t be brought up again. Is there a reason for that? Mr. Ahrens replied the Rules are specific to this. Roberts Rules of Order states that a resolution has to be on the agenda in order for it to be entertained. When you introduce that resolution, you are waiving the rules and that’s why it requires a vote of 15. Mr. Ahrens stated that he hates to see the Legislature have a resolution brought before them at the last minute for approval without a lot of deliberation. Governments are expected to be slow and deliberate. Mr. Schwartz stated the rules also stated that under emergency provisions, the Chairman could call a special legislative meeting. Mr. Stachnik commented that doesn’t happen frequently, fortunately. Mr. Nichols stated one of the reasons this fell dead last time is that we were in the process of already picking a Chairman. He stated he voted against this because he doesn’t like to change the rules in the middle of the stream. If this would have been passed, it may have been perceived to have been for one side or the other. He stated that he did not want to change it at that time, however, he is not opposed to it going forward now. Now is the time to address this. Mr. McIntyre stated that he likes what is going on here. If this is looked at over a period of a few months it will be fair to everyone involved. He complemented the committee for the process they were using in addressing this issue. Mr. Gehl stated that he would like to take Mr. Schwartz’s suggestions and put this before the full Legislature after the committee has done their work here. Mr. Roche stated that if you are doing it over several months, then this will notify the Legislature formally and informally. He commented the committee is doing the right thing. VI. OLD BUSINESS Mr. Gehl stated that he received an e-mail request last month that when the Union comes to a Rules Committee meeting regarding a grievance, they should bring the grievant. He received this e-mail from Nancy Steineger. They tell the employee that they may attend the meeting. Mr. Gehl stated he thinks that is a good idea, however, we can’t force them to attend and the contract says they may appear. The employee would have to take Personal or Annual Leave time to attend, and they are not willing to do that. Ms. Steineger called regarding this issue. Mr. Ahrens stated this topic would be appropriate for discussion in Executive Session.


MOTION: TO ADJOURN REGULAR SESSION AND RECONVENE IN EXECUTIVE SESSION PURSUANT TO PUBLIC OFFICERS’ LAW, ARTICLE 7§105.1.F. THE MEDICAL, FINANCIAL, CREDIT OR EMPLOYMENT HISTORY OF A PARTICULAR PERSON OR CORPORATION, OR MATTERS LEADING TO THE APPOINTMENT, EMPLOYMENT, PROMOTION, DEMOTION, DISCIPLINE, SUSPENSION, DISMISSAL OR REMOVAL OF A PARTICULAR PERSON OR CORPORATION MADE BY MR. SCHWARTZ. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: TO ADJOURN EXECUTIVE SESSION AND RECONVENE IN REGULAR SESSION MADE BY MR. WALSH. SECONDED BY MR. SCHWARTZ. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: TO ADJOURN MADE BY MR. STACHNIK. SECONDED BY MR. WALSH. ALL BEING IN FAVOR. MOTION CARRIES 4-0. Respectfully Submitted by: Amanda L. Chapman Senior Stenographer Steuben County Legislature

NEXT COMMITTEE MEETING SCHEDULED FOR Wednesday, April 7, 2004

11:00 a.m.


Wednesday, March 31, 2004.

Wednesday, April 7, 2004 9

STEUBEN COUNTY RULES COMMITTEE Wednesday, April 7, 2004



**MINUTES**

COMMITTEE: Francis L. Gehl, Chair Richard A. Argentieri, Vice Chair Thomas C. Schwartz David Stachnik John Walsh STAFF: Mark R. Alger Gregory P. Heffner Chris Kane Frederick H. Ahrens, Jr. LEGISLATORS: Philip J. Roche, Esq. DeWitt T. Baker, D.V.M. Thomas J. McIntyre Robert V. Nichols Kenneth E. Isaman OTHERS: Mary Perham, The Leader I. CALL TO ORDER Mr. Gehl called the meeting to order at 11:00 a.m. He asked Mr. Schwartz to lead the Pledge of Allegiance. II. APPROVAL OF MINUTES MOTION: APPROVING THE MINUTES OF THE MARCH 3, 2004 MEETING MADE BY MR. SCHWARTZ. SECONDED BY MR. ARGENTIERI. ALL BEING IN FAVOR. MOTION CARRIES 4-0. (MR. STACHNIK ABSENT FOR VOTE). III. NEW BUSINESS Sales Tax on Gasoline – Mr. Argentieri asked is this to remove the sales tax? Mr. Schwartz replied this is a request to cap the sales tax on gasoline when it hits $2.00 per gallon. Currently there is a $.56 sales tax on gasoline. It is projected that the price of gasoline will go up to $3.00 per gallon. The State and the County already are making money. OPEC has cut the national output by 4 percent. President Bush has no interest in opening the federal reserve in the South. The County is making money and we are strapping the people of the County with so much. Mr. Argentieri stated that his understanding is that Mr. Schwartz wants to cap the sales tax at $2.00 per gallon and not increase it thereafter. Our administrators in Albany finds other means for taxing people. We have more surcharges than we have ever had. If we cap the sales tax on gasoline, what other gimmick will Albany find to tax the citizens? Mr. Stachnik commented Mr. Schwartz is right in principle, but we have no control over the OPEC situation. This is the first time that OPEC is staying tough and not increasing production. There are other factors that are driving up the price of gasoline and the Legislature has no control over that. Mr. Schwartz stated there have been no new refineries in the United States in the past 30 years. The demand is larger because people are driving bigger vehicles.


Mr. Gehl commented in yesterday’s Public Works meeting they were discussing the transfer station and other things. During that conversation, it was mentioned that the $3 million to pay for Medicaid would fix all of the roads in Steuben County. Our sales tax is going to Medicaid and if we cap it, then we re cutting the revenue. We are robbing Peter to pay Paul. If we cap the sales tax on gasoline, then when the Medicaid bill comes, it will have to be paid by the local people. Mr. Schwartz stated people can’t afford anymore and people are leaving the County. At the Board Meeting he had asked about having a Constitutional Convention to end these unfunded mandates. The people are taxed to the limit. Mr. Schwartz stated there has been an overall increase in grocery prices of 28 percent due to the increase in gasoline. A cap would help the people. Mr. Stachnik stated you want to cap the tax at $2.00 per gallon. You have to take the number of pumps in the County and keep in mind that gas is still a commodity that goes up and down. Don’t you think this would be a hard thing to do, for each location to monitor and enforce this? It will be tough to regulate. Mr. Gehl stated he doesn’t know how you would go about it with regard to regulation. The State would have to come in, so then this would have to be statewide. Mr. Schwartz stated the economy of the United States is driven on oil. The Federal government has had 30 years to rectify the problem. Mr. Stachnik commented he doesn’t know how Steuben County would affect this. The more constructive thing would be to work on workforce development. Mr. Argentieri asked what are we asking for? Mr. Schwartz replied we are asking for a cap on the sales tax for gasoline. Mr. Argentieri asked is this something to go before the Constitutional Convention? Mr. Schwartz replied no. The County is in dire straits. The State does nothing with regard to Medicaid. We have a massive real property tax. We have to figure out how to plug the holes. Mr. Alger stated if you don’t get the revenue from the sales tax, you will have to raise property taxes. If the price of gasoline goes to $2.50 per gallon, there would be no collection of the 4 percent sales tax on the $.50. The other side of this is that Steuben County is a major tourist destination and people do travel and will travel more by car. Essentially, you would lose that revenue and make it up with real property tax. Mr. Walsh asked if the price of gas went to $4.00, how many people would be out there driving cars that only got 8 miles to the gallon? Mr. Alger stated what will happen is a couple of things. There will be a market resurgence of small, fuel-efficient vehicles and a major push for alternative fuel sources. MOTION: REQUESTING THAT THE FULL LEGISLATURE PURSUE PUTTING A CAP ON THE SALES TAX FOR GASOLINE AT $2.00 PER GALLON MADE BY MR. SCHWARTZ. SECONDED BY MR. ARGENTIERI. Mr. Ahrens asked how will you implement this? This will only apply to sales tax we collect in our County. You will have to go to each pump owner to have them put in the system to account for sales tax up to $2.00 per gallon and then to delete our percentage of sales tax when the price reaches $2.00 per gallon. This will have an impact on gas companies and storeowners. Mr. Schwartz stated then we will postpone this for 30 days and have the gas people in here. Mr. Argentieri asked if we reduce the amount the County takes in, doesn’t that affect the amount we get back for Medicaid? PREVIOUS MOTION WITHDRAWN BY MR. SCHWARTZ.


MOTION: TO TABLE THIS ISSUE FOR 30 DAYS MADE BY MR. SCHWARTZ. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 5-0. Constitutional Convention – Mr. Gehl asked Mr. Ahrens is this something we can pursue? Mr. Ahrens replied it is not feasible, however, theoretically it could be done. Do you think they would convene a constitutional convention to restrict their ability? Mr. Ahrens explained it is a multi-year process to convene a constitutional convention. They are so few and far between. Mr. Ahrens asked who is the representative to InterCounty? Mr. Gehl replied he is. Mrs. Kane commented Schuyler and Greene counties passed a resolution regarding a constitutional convention, but the language in their resolution was referring to unfunded mandates. NYSAC’s position is that the State’s definition of unfunded mandates is far different from any rational person. They do not consider Medicaid to be an unfunded mandate. The language in those resolutions is not really appropriate. We would be better off asking for a constitutional convention without mentioning Medicaid. Mr. Alger stated that according to the State definition, we haven’t had an unfunded mandate since 1978. We need to be more aggressive in reviewing what they are saying is a mandate. Considerable discussion followed. MOTION: TO ADJOURN MADE BY MR. SCHWARTZ. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 5-0. Respectfully Submitted by: Amanda L. Chapman Senior Stenographer Steuben County Legislature

NEXT COMMITTEE MEETING SCHEDULED FOR Wednesday, May 5, 2004

11:00 a.m.

PLEASE SEND AGENDA ITEMS TO THE CLERK OF THE LEGISLATURE'S OFFICE NO LATER THAN NOON Wednesday, April 28, 2004.

Wednesday, May 5, 2004 12

STEUBEN COUNTY RULES COMMITTEE Wednesday, May 5, 2004



**MINUTES**

COMMITTEE: Francis L. Gehl, Chair Richard A. Argentieri, Vice Chair David Stachnik STAFF: Mark R. Alger Gregory P. Heffner Christine Kane Frederick H. Ahrens, Jr. Sally MacDougal LEGISLATORS: Philip J. Roche, Esq. Harley R. Mayo Thomas J. McIntyre Robert V. Nichols ABSENT: Thomas C. Schwartz John Walsh OTHERS: Mary Perham, The Leader I. CALL TO ORDER Mr. Gehl called the meeting to order at 11:00 a.m. He asked Mr. Stachnik to lead the Pledge of Allegiance. II. APPROVAL OF MINUTES MOTION: APPROVING THE MINUTES OF THE APRIL 7, 2004 MEETING MADE BY MR. ARGENTIERI. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 3-0. III. OLD BUSINESS 1. Sales Tax on Gasoline Mrs. Kane informed the committee that Mr. Schwartz called and asked to be excused from today’s meeting due to family illness. He asked that the committee table the issue of the sales tax on gasoline until next month as he would like more time to review it. Mr. Alger stated that they have done some research and had discussions and have found out that the wholesaler pays the sales tax. The retailers then rebate that payment to the wholesaler. This would be a very difficult thing to do. MOTION: TABLING THE ISSUE OF SALES TAX ON GASOLINE FOR ONE MONTH MADE BY MR. STACHNIK. SECONDED BY MR. ARGENTIERI. ALL BEING IN FAVOR. MOTION CARRIES 3-0. Mr. Stachnik stated that if we discuss this topic next month, he would like Mr. Crossett to attend. Mr. Gehl stated that he would like to have Mr. Abbey attend as well.


2. Review of Rules of Procedure – Organization of the Legislature Mr. Gehl stated previously this committee had asked Mr. Ahrens to come back to the committee with more information. Mr. Ahrens stated that several months ago he distributed a memo which included a copy of the letter Chairman Roche had sent outlining certain issues regarding an open vote by the Legislature in the election of a Chairman and Vice-Chairman. The question is whether you want to change the rules of procedure so that rather than having paper ballots, you do it in a roll call fashion. If you do a roll call vote, it will be the weighted majority of the Legislature, just like any other vote that you have. Mr. Stachnik stated that he personally feels that anything that is being done to give his public a better comprehension of how he is voting is good. Mr. Argentieri asked what about the general election for President and Governor? We should make that public instead of having voting booths. He doesn’t see anything wrong with the system as it is. Mr. Stachnik stated that he feels degraded and defiled reducing his vote to being on paper. Mr. Argentieri asked why can’t we have a list of all the Legislators and put a checkmark by the one you are voting for. This last time around people got upset about whom voted for whom. Mr. Stachnik stated that might be a better idea. He has heard stories of there being blank ballots or illegible names and if we could clear that up it would be good. Mr. Argentieri stated that would be cleared up if we had a list of names and just put a checkmark. Mrs. Kane explained after the tellers collect the ballots, they give us the numbers and after the election is over, those ballots are sealed in an envelope and nobody sees them. Mr. Stachnik commented that if we did it by an open vote, then we wouldn’t have to resort to secrecy. Mr. Gehl asked when he counts the ballots, can anyone come up and recount them or look at them? Mrs. Kane replied she would think so. Mr. Gehl stated that he has no problem doing a voice vote. Mr. Stachnik stated that an open vote still has its merits. The people that are running should have a good idea of who will support them. Mr. Ahrens stated the whole element of this is the question of whether or not you are conducting yourselves in compliance with the law. With the open vote, you are legally compliant. What we have currently is a situation whereby ostensibly the nominating process is by paper ballot, and you still have a vote and Legislators still have an opportunity to vote no. Technically, Legislators have the nominating process and the opportunity for roll call vote to say no. If legally compliant, you could do the paper ballot process in political caucus. Mr. McIntyre stated that he is concerned with the weighted vote. Votes could be swayed and a person could get elected with only eight votes. There are seventeen of us under the present structure and we should all have an equal vote. Mr. Gehl stated that he agrees with that. We should forget the weighted vote. Mr. Alger commented with the shift in the population that could change the weights or you would need eleven to carry. Mr. Gehl stated that with the weighted vote you would have to do a voice vote and couldn’t do the ballots. Mr. Ahrens stated unless you pass out the ballots with the weights on them. Mr. Argentieri stated there are some people that commit themselves and then do the opposite. Mr. Stachnik stated that he is not lobbying that we have to change. We are compliant whichever way we go and nothing inhibits me from informing the public of my choice. Mr. Ahrens stated that is in fact the issue, whether you are currently legally compliant. If you ask the press, they would not agree that you are legal. Mr. Argentieri commented if the press is so serious about it, then why don’t they take us to court? Mr. Alger commented fundamentally, you are taking into consideration the weighted vote. The only way you can carry an issue is with ten votes. Mr. McIntyre stated a person could be elected with only eight votes if you went with the actual weight.


Mr. Argentieri asked would an open ballot satisfy the legal requirements and the press? Mr. Stachnik commented we need to think about the public. Mr. Gehl stated that originally the plan was to digest this information and then go to the body and get a feel for what everyone thought and then come back and rule one way or the other. He would like a motion to make a presentation to the Board at the May meeting. Mr. Stachnik asked you mean bring it up as a concept? Mr. Gehl replied yes. If the majority say no, then there is no sense in spinning our wheels. He would like to propose this and make copies of the memo and send it to all Legislators. Mr. Argentieri asked this would just be a presentation, we would not be presenting the options? Mr. Ahrens stated that this is a two-step process. First you make a presentation to the Board and the following month you would vote on it. In order to get it on the agenda, we need to put forth a resolution to make the changes. Mr. Roche asked can you discuss a presentation? Mr. Ahrens replied yes. He stated that he can make a separate rule change for each of the issues. Mr. Gehl stated he just would like to have a presentation at the May Legislative Meeting. Mr. Ahrens stated the memo sets forth the three issues. He can either break it down into three separate rules or keep it as one. Mr. Gehl stated that he would like to keep it simple. Mr. Stachnik asked can we look and see what other counties do? Mr. McIntyre asked how does Chemung County do it? Mr. Alger replied they do not have weighted voting. They are a simple majority. Mrs. Kane stated that she would survey the surrounding counties to find out what their process is. Mr. Roche asked if they could discuss the third issue in his letter regarding the authority of the County Clerk to appoint a Legislator to the position of Chairman or Vice-Chairman if they are not elected by the statutory deadline. He stated that he raised this issue because he does not understand the reasoning for that process. Mr. Ahrens stated that is in the County Law of the State of New York. Mr. Alger stated that if you put in the rules that January is your drop-dead date and you fail to pick someone prior to that date, your rule would go into effect. Ultimately the decision would go to the County Clerk. Mr. Ahrens stated essentially, if you fail to elect a chairman, the County Clerk is coming in and telling you who your chairman will be. This law is statewide. Ultimately the County Clerk will make that choice if you don’t. For our purposes, we are really looking at the first two issues of Mr. Roche’s memo which are doing by weighted vote and doing a roll call versus a ballot. Mr. Ahrens asked do you want to do a formal presentation? Mr. Gehl replied that he thinks they should. Mr. Ahrens stated that a presentation is open to discussion and can be tabled. Mr. Gehl stated the committee has had this issue for two months. He would like to put it before the Board this month and would like to have this done by September. MOTION: DIRECTING THAT A PRESENTATION REGARDING THE RULES OF PROCEDURE – ORGANIZATION OF THE LEGISLATURE BE DONE AT THE MAY 24,2004 LEGISLATIVE BOARD MEETING MADE BY MR. ARGENTIERI. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 3-0. Mrs. Kane asked, with regard to the County Clerk making the decision about the Chairman/Vice-Chairman, did she understand correctly that you could modify the rules where you could elect a temporary chairman/vice-chairman, but not with the February deadline, but at the end of the calendar year? Mr. Alger replied no. That’s your choice. You could put the past chairman up for a vote and if it passes, then that person would be the Chairman. Mr. Ahrens added, or someone with 9 votes would be the Chairman. Mr. Mayo commented that he doesn’t recall any problems with selecting a Chairman. He doesn’t know why this is an issue. There is no problem with the rules. It is up to the Legislature to decide to do a paper ballot or voice vote. He thinks that the Chairman knows 95 percent of who will support him.


3. Constitutional Convention Mr. Alger stated that in previous discussions the focus was on the proposal for mandate relief. The reality of the situation is under the State’s definition of mandate, we haven’t had one since 1975. The law doesn’t do anything for us. Mr. Argentieri stated that since the person who brought this forward is not here, we should hold this over until next month. MOTION: TO ADJOURN MADE BY MR. STACHNIK. SECONDED BY MR. ARGENTIERI. ALL BEING IN FAVOR. MOTION CARRIES 3-0. Respectfully Submitted by: Amanda L. Chapman Senior Stenographer Steuben County Legislature

NEXT COMMITTEE MEETING SCHEDULED FOR Wednesday, June 2, 2004

11:00 a.m.

PLEASE SEND AGENDA ITEMS TO THE CLERK OF THE LEGISLATURE'S OFFICE NO LATER THAN NOON Wednesday, May 26, 2004.

Monday, May 24, 2004 16

STEUBEN COUNTY RULES COMMITTEE Special Meeting

Monday, May 24, 2004 1:00 p.m.

Legislative Committee Conference Room Steuben County Office Building

Bath, New York

**MINUTES**

COMMITTEE: Francis L. Gehl, Chair Thomas C. Schwartz John Walsh STAFF: Mark R. Alger Michele Smith LEGISLATORS: Donald B. Creath Patrick F. Donnelly Kenneth E. Isaman Harley R. Mayo L. Ronald Nielsen Gary D. Swackhamer ABSENT: Richard A. Argentieri, Vice Chair David Stachnik I. CALL TO ORDER Mr. Gehl called the meeting to order at 9:45 a.m. II. GENERAL BUSINESS OTB – Mr. Alger informed the committee that they have been informed through various sources, that the OTB Board of Directors is considering closing the Bath office. The issue is the way that this is being handled. When OTB was originally started, they were sponsored by the counties. When we originally sponsored them, they assured us they would have parlors in Bath, Corning and Hornell. If they close the Bath parlor, we view that as a breach of our original agreement. They should continue to have a presence in Bath. Mr. Alger stated that given the information we have heard about Hornell, that would also be a site that they would look to close. Bath is a rented facility and they own the Hornell facility. That may be a reason why the Bath facility is going first. Steuben County did put money forward originally when OTB first started. Mr. Schwartz asked if the facility is losing money, then what good does it do to keep it open? Mr. Alger replied we would like to have a dialogue with OTB about how to maintain their presence in Bath. It is wrong that they haven’t consulted us or suggested to us what they were considering. MOTION: MEMORIALIZING THE WESTERN REGIONAL OFF-TRACK BETTING ASSOCIATION BOARD OF DIRECTORS NOT TO CLOSE THE BATH OFF-TRACK BETTING BRANCH MADE BY MR. SCHWARTZ. SECONDED BY MR. WALSH. ALL BEING IN FAVOR. MOTION CARRIES 3-0. Mr. Gehl stated that for the ten-week period of March 14, 2004 – May 16, 2004 out of 40 parlors, Corning ranked 11th, Bath ranked 19th and Hornell ranked 35th. He also stated that for the same period last year, Corning is + 17 percent, Bath is + 3 percent and Hornell was – 26 percent. MOTION: TO ADJOURN MADE BY MR. SCHWARTZ. SECONDED BY MR. WALSH. ALL BEING IN FAVOR. MOTION CARRIES 3-0. Respectfully Submitted by: Amanda L. Chapman, Senior Stenographer, Steuben County Legislature

Monday, May 24, 2004 17

STEUBEN COUNTY RULES COMMITTEE Wednesday, June 2, 2004



**MINUTES**

Meeting was cancelled.

Monday, May 24, 2004 18

STEUBEN COUNTY RULES COMMITTEE Wednesday, July 7, 2004



**MINUTES**


Monday, July 26, 2004 19

STEUBEN COUNTY RULES COMMITTEE Special Meeting

Monday, July 26, 2004 9:45 a.m.

Legislative Committee Conference Room Steuben County Office Building

Bath, New York

**MINUTES**

COMMITTEE: Francis L. Gehl, Chair Thomas C. Schwartz David Stachnik John Walsh STAFF: Mark R. Alger LEGISLATORS: Philip J. Roche, Esq. Donald B. Creath Kenneth E. Isaman Harley R. Mayo Thomas J. McIntyre Robert V. Nichols ABSENT: Richard A. Argentieri, Vice Chair OTHERS: John Clifford I. CALL TO ORDER Mr. Gehl called the meeting to order at 9:45 a.m. II. GENERAL BUSINESS OTB Appointment – Mr. Gehl stated that after talking with Chairman Roche, they asked Mr. Hatch, the Chairman of the Republican Committee to decide between two candidates; John Clifford and Fred Lewis. The following letter was read into the minutes:

“Please be advised that I have selected John Clifford for nomination to the Western Region Off Track Betting, Board of Directors. I have complete confidence in John and his ability to serve the interests of Steuben County and our constituents in this position…”

MOTION: RECOMMENDING JOHN CLIFFORD FOR APPOINTMENT AS REPRESENTATIVE TO THE WESTERN REGION OFF TRACK BETTING BOARD OF DIRECTORS MADE BY MR. SCHWARTZ. SECONDED BY MR. WALSH. Mr. Gehl stated that he is aware that Mr. Clifford works for OTB. How can he work there and be on the Board of Directors? Mr. Clifford replied that he will resign his current position as soon as he is appointed. VOTE ON PREVIOUS MOTION: ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: TO ADJOURN MADE BY MR. SCHWARTZ. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. Respectfully Submitted by: Amanda L. Chapman, Senior Stenographer, Steuben County Legislature

Wednesday, August 4, 2004 20

STEUBEN COUNTY RULES COMMITTEE Wednesday, August 4, 2004



**MINUTES**

COMMITTEE: Francis L. Gehl, Chair Richard A. Argentieri, Vice Chair Thomas C. Schwartz David Stachnik John Walsh STAFF: Mark R. Alger Robert F. Biehl Nancy Smith Frederick H. Ahrens, Jr. Vicki Fuerst Sally MacDougal OTHERS: Kelly Sue Graf, Labor Relations Specialist, CSEA Mary Perham, The Leader I. CALL TO ORDER Mr. Gehl called the meeting to order. He asked Mr. Walsh to lead the Pledge. II. APPROVAL OF MINUTES MOTION: APPROVING THE MINUTES OF THE JULY 7, 2004 AND JULY 26, 2004 MEETINGS MADE BY MR. ARGENTIERI. SECONDED BY MR. SCHWARTZ. ALL BEING IN FAVOR. MOTION CARRIES 5-0. III. NEW BUSINESS OTB Reports – Mr. Gehl reported that OTB revenues collected from February 2004 through June 2004 totaled $37,639.00. Memorializations – Mr. Gehl stated that they received a copy of a resolution passed by Fulton County regarding Medicaid and getting the Federal Government to straighten out the State. MOTION: URGING FEDERAL INTERVENTION TO ADDRESS THE PROPERTY TAX CRISIS IN NEW YORK STATE MADE BY MR. SCHWARTZ. SECONDED BY MR. WALSH. ALL BEING IN FAVOR. MOTION CARRIES 5-0. Mr. Gehl stated they received a copy of a resolution passed by Allegany County regarding memorializing the Department of Transportation regarding labeling trucks if they are carrying radioactive material for the safety of first responders to an accident scene. They sent a copy of this to Sheriff Tweddell and he thought that it would be a good idea to do this. MOTION: REQUESTING THE UNITED STATES DEPARTMENT OF TRANSPORTATION TO LABEL DEPLETED URANIUM SHIPMENTS AS “RADIOACTIVE” TO PROTECT EMERGENCY RESPONDERS IN CASE OF AN ACCIDENT DURING TRANSPORT MADE BY MR. ARGENTIERI. SECONDED BY MR. SCHWARTZ.

Wednesday, August 4, 2004 21

Mr. Schwartz commented that he brought this topic up last year in a Public Safety & Corrections committee meeting. With respect to the Department of Transportation, will this cover the railways that come through the Southern Tier? We are a major line for materials that come through the Southern Tier. Mr. Gehl asked is the rail system under the Department of Transportation? Mr. Ahrens replied yes. Mr. Alger commented that he suspects the intent of the resolution is to apply to both. Mr. Gehl stated that the second to last whereas does mention the railways. VOTE ON PREVIOUS MOTION: ALL BEING IN FAVOR. MOTION CARRIES 5-0. IV. OLD BUSINESS Mr. Schwartz stated that he has already spoken to Mrs. Kane about this. He has met with the family that is a constituent of both his and Dr. Baker’s. Mr. John Lane, lost his son, Sean Lane, who was a casualty of the Iraqis Conflict. His body is being interred in California today. A memorial service will be held at the East Corning Fire Department on Saturday. This is the first Conflict casualty from Steuben County and he would like approval for the Legislature to send a letter of sympathy and regret to the family. MOTION: REQUESTING THAT A LETTER BE SENT ON BEHALF OF THE STEUBEN COUNTY LEGISLATURE, TO THE FAMILY OF SEAN LANE, WHO RECENTLY LOST HIS LIFE DURING THE IRAQI CONFLICT MADE BY MR. ARGENTIERI. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 5-0. Sales Tax on Gasoline – Mr. Schwartz stated that he is withdrawing his previous request. He stated that changing the pumps would be very difficult. V. GRIEVANCE MOTION: TO ADJOURN REGULAR SESSION AND RECONVENE IN EXECUTIVE SESSION PURSUANT TO PUBLIC OFFICERS’ LAW, ARTICLE 7§ 105.1.F. THE MEDICAL, FINANCIAL, CREDIT OR EMPLOYMENT HISTORY OF A PARTICULAR PERSON OR CORPORATION, OR MATTERS LEADING TO THE APPOINTMENT, EMPLOYMENT, PROMOTION, DEMOTION, DISCIPLINE, SUSPENSION, DISMISSAL OR REMOVAL OF A PARTICULAR PERSON OR CORPORATION MADE BY MR. SCHWARTZ. SECONDED BY MR. ARGENTIERI. ALL BEING IN FAVOR. MOTION CARRIES 5-0. MOTION: TO ADJOURN EXECUTIVE SESSION AND RECONVENE IN REGULAR SESSION MADE BY MR. WALSH. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 5-0. MOTION: TO ADJOURN MADE BY MR. STACHNIK. SECONDED BY MR. ARGENTIERI. ALL BEING IN FAVOR. MOTION CARRIES 5-0. Respectfully Submitted by: Amanda L. Chapman, Senior Stenographer, Steuben County Legislature

NEXT COMMITTEE MEETING SCHEDULED FOR

Wednesday, September 1, 2004 11:00 a.m.

PLEASE SEND AGENDA ITEMS TO THE CLERK OF THE LEGISLATURE'S OFFICE

NO LATER THAN NOON Wednesday, August 25, 2004.

Wednesday, September 1, 2004 22

STEUBEN COUNTY RULES COMMITTEE Wednesday, September 1, 2004



**MINUTES**

COMMITTEE: Richard A. Argentieri, Vice Chair Thomas C. Schwartz David Stachnik

John Walsh STAFF: Mark R. Alger Frederick H. Ahrens, Jr. Robert F. Biehl Nancy Smith Vicki Fuerst Michele Smith Sally MacDougal LEGISLATORS: Kenneth E. Isaman Robert V. Nichols ABSENT: Francis L. Gehl, Chair OTHERS: Mary Perham, The Leader Kelly Sue Graf, CSEA Labor Relations Specialist I. CALL TO ORDER Mr. Argentieri called the meeting to order at 11:30 a.m. He asked Mr. Schwartz to lead the Pledge of Allegiance. II. APPROVAL OF MINUTES MOTION: APPROVING THE MINUTES OF THE AUGUST 4, 2004 MEETING MADE BY MR. STACHNIK. SECONDED BY MR. WALSH. ALL BEING IN FAVOR. MOTION CARRIES 4-0. III. GRIEVANCES MOTION: TO ADJOURN REGULAR SESSION AND RECONVENE IN EXECUTIVE SESSION PURSUANT TO PUBLIC OFFICERS’ LAW, ARTICLE 105.1.F. THE MEDICAL, FINANCIAL, CREDIT OR EMPLOYMENT HISTORY OF A PARTICULAR PERSON OR CORPORATION, OR MATTERS LEADING TO THE APPOINTMENT, EMPLOYMENT, PROMOTION, DEMOTION, DISCIPLINE, SUSPENSION, DISMISSAL OR REMOVAL OF A PARTICULAR PERSON OR CORPORATION MADE BY MR. SCHWARTZ. SECONDED BY MR. STACHNIK. ALL BEING IN FAVOR. MOTION CARRIES 4-0. MOTION: TO ADJOURN EXECUTIVE SESSION AND RECONVENE IN REGULAR SESSION MADE BY MR. STACHNIK. SECONDED BY MR. WALSH. ALL BEING IN FAVOR. MOTION CARRIES 4-0.


MOTION: TO ADJOURN MADE BY MR. STACHNIK. SECONDED BY MR. SCHWARTZ. ALL BEING IN FAVOR. MOTION CARRIES 4-0. Respectfully Submitted by: Amanda L. Chapman Senior Stenographer Steuben County Legislature

NEXT COMMITTEE MEETING SCHEDULED FOR Wednesday, October 6, 2004

11:00 a.m.


Wednesday, September 29, 2004.


STEUBEN COUNTY RULES COMMITTEE Wednesday, October 6, 2004



**MINUTES**



STEUBEN COUNTY RULES COMMITTEE Wednesday, November 3, 2004



**MINUTES**



STEUBEN COUNTY RULES COMMITTEE Wednesday, December 1, 2004



**MINUTES**


**minutes** committee: thomas c. schwartz mark r. …legislators: philip j. roche thomas j. mcintyre...

Documents

minutes committee: thomas c. schwartz mark r. …legislators: philip j. roche thomas j. mcintyre...