REGULAR MEETING February 10, The meeting was called to order at 5:00 p.m. by Chairman Michael A. Tabolt.

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1 REGULAR MEETING February 10, 2015 The meeting was called to order at 5:00 p.m. by Chairman Michael A. Tabolt. Roll Call: All Legislators were present. The Invocation was offered by Chairman Tabolt, followed by the Pledge of Allegiance to the Flag. There were 75 persons present. Chairman Tabolt announced approval of the January 6, 2015 meeting minutes. REPORT OF THE RULES AND LEGISLATION COMMITTEE: The Rules and Legislation Committee had met and recommended to waive the rules to allow action on late resolutions. Lawrence Dolhof, Chairman Bryan Moser Craig Brennan, Committee Dated: February 10, 2015 Legislator Moser made a motion to waive the rules, seconded by Legislator King and carried. PRIVILEGE OF THE FLOOR: Frank Pace, Planning Director reported the New York State Community Development Block Grant Program is a federally funded program authorized by Title I of the Housing and Community Development Act of 1974 and administered by the Housing Trust Fund Corporation s Office of Community Renewal. Approximately $10 million is available for Program Year 2014 for housing projects such as housing rehabilitation, including mobile and manufactured home replacement; homeownership; or residential water and wastewater systems. This year the application is submitted online and is due no later than 4:00 p.m. on February 27, The County may apply for up to $750,000 for housing activities, provided these projects benefit low and moderate income families; prevents or eliminate slums or blight; or meet other urgent community development needs. At least 51% of the persons benefiting must be low and moderate-income persons according to the HUD income limits provided in the application. 70% of the NYS CDBG funds must benefit low and moderate income persons. Preventing slums and blight could involve demolition of dilapidated buildings in an area in which more than 51% of the residents are low and moderate income persons or in a declared disaster area. Meeting other urgent needs could be a water or sewer project in which the community was under a consent order from DEC or it

2 could be activities in declared disaster areas. The urgent need would have to be relatively recent in order to qualify. Housing rehabilitation or home ownership projects that would directly benefit income eligible households would meet the national objective of benefiting low and moderate income persons. The Small Cities program encourages communities to minimize displacement of persons benefiting from the program. Depending on the activity proposed, displacement should not be a problem. For housing activities, homeowners should not encounter displacement unless the home to be renovated contains extensive lead based paint that would require the family to be out of the home while it is being remediated. The municipality has to conduct at least one public hearing prior to the application to solicit citizen comments on any proposed application. A second public hearing would be held after the application is awarded to discuss the amount awarded and the program administration and activities. The public hearing was open for comments for a proposed Community Development Block Grant application. Snow Belt Housing Company, Inc presented by Cheryl L. Shenkle-O Neill, Executive Director that Snow Belt Housing would like the County to submit a single family owner occupied housing rehabilitation application for up to $750,000 (it may be less depending on the need identified). The program would provide assistance to income eligible homeowners with a 100% deferred payment loan for up to $35,000 per unit that would become a grant as long as they remain in their home for five years. Types of rehabilitation activities to be undertaken would include plumbing, electrical, roof, windows, insulation, well and septic replacement, and any work that would reduce health and safety hazards. Mobile home replacement may also be considered if the mobile home is not able to be repaired. Snow Belt would administer the grant as a sub-recipient of the County. They are soliciting applications from income eligible households to demonstrate there is a need in the County for this type of program. Anyone who is interested is requested to call them at by February 16, Ms. O Neill reported the application process is very competitive, compounded by a reduction in State Aid from $23 Million to $10 Million. There were 15 units rehabilitated last year and they currently have 12 pending applications indicating continued program needs. There were no other persons who wished to comment or propose projects for the CDBG application. Randy Schell, representing the Lewis County Town Supervisors and Village Mayors Association reported there had been one Dog Control Officer serving 13 of the 17 Towns, whom had unexpectedly resigned as of 12/31/2014. Although a replacement has been hired to serve several of the Towns, the Association requests the County consider assuming responsibility of Dog/Animal Control for the entire County.

3 Mr. Schell distributed a financial worksheet to document the Towns 2014 collective revenue of $34,000 from dog license fees and expenditures of $46,500. Dog control enforcement is inconsistent among Towns. Town Clerks, he said, would continue to process dog licenses, but a sole County officer for enforcement would be beneficial. In conclusion, he stated that unlike Lewis County, Jefferson shares sales tax revenue with their Towns. Legislator Moser expressed concern for potential reduction in sales tax revenue that in turn, would force the County to raise taxes. Mr. Schell is willing to work with the respective Legislative Committee, and if receptive, for a goal toward County takeover effective 1/1/2016. Legislator Brennan expressed general support for the shared services concept, but would defer for committee consideration, suggesting that a contractual agreement may be more advantageous than an employee hire. Everyone would benefit from a good animal control program, and the cost would be apportioned more evenly. He proposes the Towns share their dog license revenue to offset the cost; and to identify unlicensed dogs to enhance public safety and capture greater revenue. In response to Legislator Chartrand, Mr. Schell assured the Towns intent to share the respective revenue with the apportionment to be determined. Chairman Tabolt stated he would assign the issue for discussion and consideration by an appropriate Committee to make a recommendation to the Board. In consideration of the several Hospital employees attending this evening, County Manager Liz Swearingin read a prepared statement to explain the intent of the recent client/attorney privilege meeting was to educate the Legislators on the formation and purpose of a Local Development Corporation (LDC), affirming that no votes had been taken nor decision made. She asserted that everyone without exception is 100 percent dedicated to keeping a hospital in Lewis County that offers quality care, appropriate levels of service and good paying jobs, while balanced with taxpayer obligations. The Hospital is living up to the Memorandum of Understanding (MOU) to repay the County debt, agreed to as a mechanism to stabilize the historical fluctuating and volatile finances that imposed substantial and unpredictable impact on the County general fund. Ms. Swearingin credits the Hospital s leadership team and employees for taking the first step to identify and implement improvements that have stabilized their financial status. The next step, she said, is to analyze and predict the overall financial health of the County five and ten years from now. The Governor s key priority is to cap property taxes, which are the highest in the Nation. State revenue has been capped, although the County is obligated to administer and fund mandated State programs. The goal is to enhance efficiencies of local governments, primarily through shared services. We can no longer depend upon fixed State Aid appropriations, and are

4 subject to immense competition for State grant funds. Hence, the need to review all operations, including the Hospital s, to analyze and identify best practices to optimize cost savings. Ms. Swearingin further reported ongoing analysis to project 10-year pension and healthcare costs. Moreover, we are learning of the dwindling number of volunteer firefighters and emergency medical personnel; as well as the costs associated with the impending implementation of the State s change in the age of criminality. Foremost, we must ascertain whether there is a private option available to maintain the Hospital s quality of care, appropriate services and good jobs; and educate ourselves to understand the option. You need to give credit to this Legislative team for taking the extraordinary amount of time to really understand these issues. This is good governance, concluded Ms. Swearingin. Susan Ross, Hospital employee, addressed Chairman Tabolt, reminding of his recent Henry Ford quote that Coming together is a beginning. Keeping together is progress. Working together is success. She cited the Board s primary focus of economic development, which is bolstered by our recreational tourism, industries, school systems and our Hospital. The Hospital, she said, is what makes Lewis County unique and should be held in high regard and acclaimed as a pillar of the County s economy. Lewis County visionaries enhanced our farming community by opening the Lewis County General Hospital in She urged the Board to reinforce their healthcare vision. She asserted that successful management means doing things right, whereas, leadership means doing the right things. The right thing, Mrs. Ross concluded, is to preserve, strengthen and enhance Lewis County General Hospital for our community. Mr. Paul Stanford, former Legislator when the LDC was formed, took exception to Ms. Sweargingin s comments, terming them a slap in the face. The Hospital is our largest employer supported by the taxpayers, he said, while crediting the doctors whose pictures line the Hospital halls, and highly commended the employees. He inquired the wisdom of investing hundreds of thousands of dollars on a pile of bricks, referring to the former Lyons Falls Pulp and Paper, but not supporting the Hospital. Mr. Stanford submits the Hospital is coming back, while urging time to heal. Legislator Brennan thanked those who spoke, respectfully taking exception to Mr. Stanford s presumptions, affirming that he had not, nor did he believe that any of his colleagues had, made any determinations about selling the Hospital. Earlier today, Legislators participated in educational Corporate Compliance training to enhance our obligated decisions, to be further enhanced by an upcoming presentation by St. Joseph s Hospital representatives. Chairman Tabolt assured that everyone could work together. The greatest fear, he said, was the mandated escalating pension costs. However, cooperative efforts to identify feasible changes for the skyrocketing health insurance costs could be achieved. Legislator Moser relayed fielding many Hospital employee phone calls, some of whom identified known cost efficiencies that were not being implemented. He urged employees to reach out to the Board of Managers to voice their suggestions, which may otherwise remain

5 unknown without consideration. Legislator Moser declared his decisions would be based on the information available in the best interest of the entire County population, as well as the employees. Legislator Pepper expressed the Board s awareness for the need to retain the hospital as a critical component for economic development. He took exception and offense to Mr. Stanford s reference to the former Lyons Falls Pulp and Paper Company as a pile of bricks, referencing the many former employees who had made their living and supported their families for many years. Suggesting that site clean-up would benefit the County, Legislator Pepper promotes assisting with an otherwise yeoman task for the small community. Chairman Tabolt closed the public hearing for comments on the CDBG application was closed at 5:36 p.m. Justin Hall, who currently serves as Dog Control Officer for nine Towns, referenced the County Law to quarantine animals, inquiring who was charged with enforcement. County Attorney Joan McNichol stated that law enforcement officials are to enforce all laws. In reference to Mr. Schell s request, Atty. McNichol offered to coordinate a meeting of an Ad Hoc Committee to consider creating a sole officer, as well as address enforcement issues. PRESENTATION OF COMMUNICATIONS AND NOTICES: NYSAC Executive Director Stephen Acquario acknowledged the Board s resolution to support continued litigation in the Western District of New York Bankruptcy Court, wherein challenges to the tax foreclosure procedures provided by Real Property Tax Law Article 11, would pose significant adverse financial impacts upon all Counties, if successful. The Chemung County Legislature forwarded a Resolution calling upon the State to develop a 100 percent State funded indigent legal defense system as a way to provide mandate relief and lower property taxes. REPORTS OF COUNTY OFFICES AND DEPARTMENTS: Treasurer Patricia O Brien and Real Property Tax Director Linda Hoskins have submitted approved 2014 applications for corrected tax rolls for Jorge A. and Armanda S. Viveiros in the Town of Martinsburg; Darwin R. Morgan in the Town of Diana; and Katherine A. Benson in the Town of Denmark. Fire and Emergency Management Director Robert MacKenzie, III has appointed Richard Ross, Randy Roggie, Ed Sinclair, Joseph Shue, Richard Defone and Father Chris Carrara as his Fire Coordinator Deputies for All Legislators have received copies of the 2014 Annual Report for all County Departments; the 1/25/15 Highway Audit Report, 1/22/14 Solid Waste Audit Report; Treasurer s January Report; and minutes of the 12/18/2014 NYS Fish and Wildlife Management Board, the

6 12/15/14 Soil and Water Conservation District Board of Directors, and the 1/27/15 Youth Advisory Board meetings. Sealer of Weights and Measures Barbara Cooper has submitted her November/December 2014 Activity Report to be placed on file with the Clerk of the Board. REPORTS OF STANDING COMMITTEES: Legislator Philip Hathway, Buildings and Grounds/Ways and Means Committee Chairman, reported that Information Technology Director Adam Zehr has implemented electronic record storage, and Planning Director Frank Pace had made a presentation on solar energy and community development efforts. Resolutions are proposed to support and implement the DSS parking lot project. Through the efforts of Liz Swearingin and Frank Pace the County has bid out the electricity supply with estimated savings of $.015 per kwh. As promoted by Legislator King to assist municipalities when feasible, the Town of Greig has requested the County fund a $1,500 agreement with The Center For Community Studies of JCC to analyze constituent survey responses on various municipal issues that may ultimately assist with County comprehensive planning. Highway Superintendent David Becker reminded that Greig had donated materials and equipment to help with the convenient store project, which offsets their request. Legislator Hathway suggests that future municipal requests be considered in the same manner. Legislator Hathway cited the resolution to retain Development Authority of the North Country engineering services to prepare a request for proposals to address water pressure issues at the Public Safety Building. Also, the Committee continues to discuss repair of the Highway garage west wall by utilizing County personnel; and that the County Attorney, County Manager and County Clerk were negotiating a renewal lease agreement for DMV offices. Chairman Tabolt approved the request by Legislator Hathway to change the regular monthly committee meeting to the fourth Tuesday of the month at 1 p.m. Legislator Hathway made a motion to authorize County Clerk Doug Hanno to re-fill a fulltime Motor Vehicle Application Examiner upon the impending retirement of the current employee. Mr. Hanno had analyzed the possibility of reducing the position to part-time, but had justified a full-time replacement. He has always remained within budgetary appropriations, and this position will not have an impact on the budget. The motion was seconded by Legislator Chartrand and carried. In conclusion, Legislator Hathway reported that Building Maintenance personnel had completed 93 work orders during January. On behalf of Town of Greig Supervisor Marilyn Patterson, Legislator Pepper extended appreciation for considering their request for assistance with tabulating the survey results. Legislator Neil Pepper, Social Services/Office For Aging/Youth Committee

7 Chairman, urged support of proposed resolutions to increase subsidy rates by 2% for foster care and adoptive parents as mandated by Federal Statute effective 1/1/2015, with an additional 2% increase effective 4/1/2015. The increases equate an additional $27,400, subject to partial Federal and State reimbursement, and will be monitored throughout the year. A resolution is proposed to appropriate funds to purchase four replacement vehicles for those with over 100,000 miles, subject to 75% State reimbursement. Considering the nominal revenue from auctioned vehicles, instead the Committee recommends the old vehicles be transferred to Lewis County Opportunities, Inc. for use by low-income participants in their Wheels to Work Program. Legislator Pepper further reported that Social Services personnel are challenged to find shelter for homeless persons. The closure of the LeHav Motel has had a negative impact, compounded by the heavy tourist season, which has required persons being transported to Carthage and Watertown motels at a cost of $16,000. The Committee recommends authorizing Commissioner Alvord to explore renting a local apartment for temporary shelter, dependent upon allowable State reimbursement. Legislator Pepper reported that Office For Aging (OFA) personnel continue to accept and process Home Energy Assistance Program (HEAP) applications for regular and emergency cases. A Senior Forum will be held at the Maple Ridge Center on 3/11/15 at which Atty. Kevin McArdle will expound on legal services. There will be two 6-week workshops held on Chronic Disease Self-Management; one at the OFA offices and the other at the United Church of Copenhagen from the period 3/26-4/30/2015. The Youth Advisory Board thanked the Board for increasing their appropriation from $2,000 to $3,000, and will publicize acceptance of applications for direct youth programs or activities. Fund expenditures must benefit youths directly. Legislator Bryan Moser, County Officers/Veterans/Junkyards/Human Resources Committee Chairman, reported that amendments to the Junkyard Local Law will be proposed at the March meeting, which will require a public hearing; and announced the Junkyard Review Board will meet on 2/12/15 at 6 p.m. Legislator Moser relayed a report from Director Derek Davey that Lewis County serves 32% of its veteran population, compared to the Nation-wide average of 26%. Mr. Davey plans to travel to Washington, D.C. from 2/18-2/20/15 for educational training. He is working in conjunction with Planning Director Frank Pace to identify and coordinate educational opportunities for veterans. Legislator Moser then read a letter addressed to the County Manager from a veteran who praised the knowledgeable and compassionate services he personally received from Veterans Services Counselor Steven Kilionski, crediting his dedication to assist and facilitate his transition from military to civilian life. He specifically was instrumental in assisting the individual to navigate the Veterans Administration system with his personal claim. Lewis County should be proud of their Veterans Services team who make those they serve feel respected and valued, he

8 read. Legislator Moser initiated applause from the entire congregation for the Veterans Services personnel. Legislator Brennan commended the Veterans team for their professional and respective manner in which they perform their services. He then suggested that like the Hospital, the County should promote an employee-of-the-month, to recognize the good performance. Legislator Chartrand relayed having passed along commending and appreciative comments directly to Mr. Davey, from four veterans exclaiming the wonderful job they do. Legislator Hathway informed that a resident in his district had indicated interest to serve on the Junkyard Review Board, if there is a vacancy. Legislator Moser had attended a meeting of the Adirondack North Country Association (ANCA), a group that promotes economic growth within the Adirondack Park. He was accompanied by Wade Lyndaker whose family owns Lyndaker Timber Harvesting, LLC. The discussion centered on the wood industry, specifically harvesting and delivering to co-generation plants and pulp and paper mills. The company owners highlighted the need for trained persons to operate equipment and truck drivers to transport the product to the mills. The Ticonderoga and Glens Falls mills have only one week supply on site. The logging owners will partner with ANCA officials to identify objectives and the impact of the State s pushing value-added markets within the State, and the possibility of creating more industry within the Park for various types of wood products. Legislator Jerry King, Courts and Law Enforcement Committee Chairman, reminded the annual Legislator snowmobile ride will begin at Michael s Candlelight Restaurant at Snow Ridge on 2/26/15. Legislator King made a motion to authorize himself, Cheryl LaLonde and Frank Archer to travel to EF Johnson Headquarters in Texas from 2/24-2/27/15 for a factory acceptance testing of the new radio system. The motion was seconded by Legislator Dolhof and carried. Legislator King made a motion to authorize County Attorney Joan McNichol to advertise to re-fill the Assistant County Attorney position upon the impending resignation of the current employee, seconded by Legislator Hathway and carried. Legislator King updated that Sabre has ordered the microwave antennae; and Midstate has been installing coax and radio antennae on the towers and has corrected all the generator pads. The Gomer Hill tower site has been prepared as much as possible until spring, and the light on the Harrisville 300 tower has been repaired. Legislator Lawrence Dolhof, Economic Development Committee Chairman, reported that Recreation, Forestry and Parks Director Jackie Mahoney had facilitated an agreement with B.O.C.E.S. to allow students to assist with trail development and maintenance, and forest inventory. She had also reviewed the ATV trail and snowmobile clubs non-compliance with NYSDOT, Town and Village 90-degree road crossings and site distance. There is a proposed

9 MOU to pay the Sheriff s Department for trail enforcement patrols with permit fee revenue at 50% of the rate reimbursement, likewise for snowmobile and boat patrols. Proposed contracts had been forwarded to involved landowners to authorize the upcoming kite skiing event. Letters had also been sent to ATV trail landowners, without responding issues. Also, a letter will be sent to adjoining landowners of the Lee Gulf Road with regard to trail development in that area. Mrs. Mahoney continues to research to identify County property suitable for a police-firing range; and had submitted her upcoming trade show schedule. Legislator Dolhof further reported that Economic Development Director Eric Virkler had updated the committee on the business park site selection process; and had discussed the Consolidated Funding Application (CFA) process and efforts to identify and develop projects for future County, Town and Village grant submission. Mr. Virkler will research the status of the County s municipal power company and determine whether we could benefit from power generated by the Northbrook Lyons Falls facility. Planner Sara Freda provided a financial and ridership overview of the County Transportation System, and discussed expansion possibilities. The Brookside stop; the possibility of partnering with Oneida County on the two-day per week bus route to SUNY Polytech Institute; and implementing a winter route to Snow Ridge were all discussed. As recommended by Planning Director Frank Pace, Legislator Dolhof reported the committee s proposal to retain Larsen Engineering for a solar energy study for all County buildings, and, if feasible, an analysis of alternative energy options. Mr. Pace had also relayed the success of the winter trail App from generated 2014 data provided by Google Analytics. Legislator Craig Brennan, Transportation/Solid Waste Committee Chairman, reported having missed the monthly committee meetings, however, he reported from provided notes. Legislator Brennan made a motion to authorize extending the approved current prices for all Highway Department liquid bituminous products, and pavement markings through 3/31/2016. The pricing sheets are on file with the Clerk of the Board. Probable increased based pricing is projected if the products are rebid, he stated. The motion was seconded by Legislator Chartrand and carried. Legislator Brennan reported that Solid Waste Coordinator Pete Wood favors the continued use of compactors instead of changing to open-containers for hauling to Rodman. The change would not be cost effective due to required new building construction, as well as costly equipment replacement. Moreover, the open containers pose environmental concerns for scattered debris along the travel route as documented by Jefferson County personnel who utilize that type of equipment. County Manager Liz Swearingin interjected the committee s request that Mr. Wood prepare and provide a complete cost analysis for further consideration. Legislator Gregory Kulzer, Taxation/Information Technology/Elections/Agriculture Committee Chairman, reported a proposed resolution to transfer Capital funds to finance electronic

10 upgrades to secure , replace computers and purchase network monitoring software. The expenditures will ultimately be reimbursed through the Public Safety Answering Point (PSAP) Homeland Security grant. Legislator Kulzer reported that I.T. Director Adam Zehr continues to work with Development Authority of the North Country (DANC) officials to enhance Internet speed. Telephone upgrades provide a secondary backup system to prevent loss of service, and Mr. Zehr estimates up to $3,000 monthly savings for the newly implemented Frontier contract. Also, a 3- year service agreement has been executed for the main servers; and appropriate firewalls have been installed to avoid information breach. Legislator Kulzer reported that Real Property Tax Director Linda Hoskins had posted the 62 delinquent property tax parcels. The Village of Lowville is responsible to pay costs associated with the County s required administering of their March election estimated at $1,815. Legislator Kulzer added that the Village could avoid these costs by transitioning to the November general election cycle, but insist on continuing with the March election cycle. Legislator Kulzer announced that Maple Weekends will be held on 3/21-3/22 and 3/28-3/29/15. The Commissioner of Agriculture and Markets will be on hand 3/21/15 at Moser s Maple, LLC. Legislator Kulzer relayed that Soil and Water Conservation District Manager Nichele Billhardt is pursuing a $1.5 Million grant for restoration of Mill Creek, which landscape has shifted tremendously over the past 10 years, creating flooding. He also reported that the Towns of Martinsburg and Turin Boards support creation of County Dog Control Officer. a Legislator Kulzer reported attending an informational meeting at the Lowville Library in response to Campbell Street property owners concerned with land use in their area. Their concerns were quelled when they learned that Double Play Sports owner Dan Myers plans a community center.. Legislator Richard Chartrand, Hospital Committee Chairman, informed the Hospital had paid the County debt, with the exception of the 2015 pension cost to be paid over 48 months in accordance with the MOU. He further relayed that Hospital CFO Jeff Hellinger has included all costs within their proposed 2015 budget, and proposes that IGT receipts will cover the 2016 pension expense, while recognizing the County actually finances 50 percent of those receipts. The Board of Legislators will have a joint meeting with the Board of Managers prior to the 3/3/15 board meeting. Legislator Chartrand recapped the earlier public comments that focused on retaining the Hospital facility and well paying jobs, maintaining the level of services, adding services if

11 possible, and to maximize operating efficiencies. He submitted these goals are synonymous with those of the Legislators and Managers. Legislator Chartrand requested patience to allow each Board an opportunity to avail pertinent reports and information to evoke educated decisions, while encouraging persons to reach out for resourceful answers, as opposed to embellishing rumors. Legislator Andrea Moroughan, Public Health/Community Services Committee Chair, listed the proposed resolutions to authorize renewed agreements for cancer screening and diagnostic services and Early Intervention Program administration; as well as recreating a per diem animal control officer and account clerk to fill vacancies. The Committee had also authorized Director Penny Ingham to advertise for bids to transport Pre-School Program children. Mrs. Ingham reported that Ebola policies had been updated to assure preparedness; and reviewed the State Comptroller s Pre-School billing audit; as well as the fourth quarter Board of Health and Quality Assurance reports. She explained the purpose, function and membership of the Health Services Advisory Board. Also, Mrs. Ingham is reviewing the Public Health Department s program services and personnel to determine the right-size agency, as compared with similar geographical Counties. Legislator Moroughan reported that the Community Services Board is participating in the district s planning. She invited Legislators to a Developmental Disabilities Sub-Committee meeting to be held on 2/13/15 in the Legislative chambers. COUNTY MANAGER REPORT: Elizabeth Swearingin relayed the focus of the NYSAC conference was on the Governor s proposed budget, encompassing a $500 million investment to enhance rural broadband services throughout the State. Secondly, a $1.5 billion competitive application process, for three-$500 million regional allocations, is meant to bolster transformational projects that would alter the economic landscape of each region. The North Country Regional Economic Development Council will administer the grant process. A local Community Outreach Program will be spearheaded by Planning Director Frank Pace to ascertain Town and Village Boards interests for shared services or inter-municipal projects, that may become part of the County s Government Efficiency Plan, which is due to the State by 6/1/2015. Ms. Swearingin strongly encouraged all residents to attend and participate in the local Listening Sessions to be held on 3/20/15. She could not overstate the importance and emphasis given to local involvement and participation by the Federal decision makers for downsizing the army. Legislator Brennan relayed the significant impact and lasting impression that previous large local congregations and fanfare had on Federal officials respective favorable decisions. Legislator Chartrand stated that sessions would be held at the Indian River School, Jefferson Community College and one other unknown location. He impelled all citizens to sign the on-line petition to document their support for retention of Fort Drum. Chairman Tabolt reported that earlier today Director of the New York State Canal Corporation Brian Stratton gave a condensed presentation on Governor Cuomo s State of the

12 State address highlighting his 2015 Opportunity Agenda. He was pleased with the suggestive comments from Legislators, as well as Town, Village and school officials, for diverse objectives. Referencing the $1.5 billion, Chairman Tabolt asserted it would be more beneficial and fair to allocate the funds equally to all municipalities, rather than a competitive application process. COUNTY TREASURER REPORT: Patricia O Brien reported balances of the Special Contingency Fund - $249,859; Contingency Fund-$412,956; Capital Data Processing Fund- $151,722; and Capital Equipment Fund - $642,151. Also, the last day for owner redemption for 2012 delinquent property tax parcels was 2/2/2015. There are 41 parcels for the 5/6/2015 delinquent auction, being 25 less than last year. Owners may redeem their properties through 5/1/15, subject to imposed fees. REPORT OF THE WAYS AND MEANS COMMITTEE: REPORT OF WAYS AND MEANS COMMITTEE ON THE EXAMINATION OF CLAIMS To: The Honorable County Legislators The Ways and Means Committee reports that they have examined the claims presented for payment in the total amount of $ 1,775, and recommend that they be audited and allowed for the amounts claimed. Philip Hathway, Chair Jerry King, Committee Richard Chartrand, Committee Dated: February 10, 2015 Approved on motion by Legislator Pepper, seconded by Legislator Moser, and carried. RESOLUTIONS: RESOLUTION NO AUDITING AND ALLOWING CLAIMS Introduced by Legislator Philip Hathway, Chairman of the Ways and Means Committee. RESOLVED that the claims presented for payment in the total amount of $ 1,775, be and each is hereby audited and allowed for the amounts claimed, and that the Clerk is authorized and directed to draw checks for the County Treasurer for the amounts claimed, in favor of each of the claimants or their assigns.

13 vote: Moved by Legislator Pepper, seconded by Legislator Moser, and adopted by roll call YEAS: Brennan, Chartrand, Dolhof, Hathway, King, Kulzer, Moroughan, Moser, Pepper, and Tabolt NAYS: None ABSENT: None LOCAL LAW (INTRODUCTORY NO ) COUNTY OF LEWIS Introduced by Legislator Michael A. Tabolt, Chairman of the Board of Legislators. A LOCAL LAW PROVIDING FOR AN INCREASE IN SALARY FOR THE LEWIS COUNTY DIRECTOR OF REAL PROPERTY BE IT ENACTED by the Board of Legislators of the County of Lewis as follows: SECTION 1. TITLE This local law shall be entitled A LOCAL LAW PROVIDING FOR AN INCREASE IN SALARY FOR THE DIRECTOR OF REAL PROPERTY. SECTION 2. PURPOSE The purpose of this Local Law is to provide a retroactive increase in salary to the Lewis County Director of Real Property in the amount of $ for 2014, and to provide an increase in the annual salary of said Director for 2015 in the amount of $52,926.00, retroactive to January 1, SECTION 3. AUTHORITY This local law is enacted pursuant to the authority granted by Municipal Home Rule Law ( MHL ) which provides in 10 that a county may adopt local laws that affect the following areas, provided the local law does not conflict with the constitution or other general law: (1) The powers, duties, qualifications, number, mode of selection and removal, terms of office, compensation, hours of work, protection, welfare and safety of its officers and employees... (Emphasis added). MHL 10(1)(ii)(a)(1). SECTION 4. AMENDMENT TO THE COMPENSATION PLAN:

14 The Compensation Plan of the County of Lewis for 2014 and 2015 for the Lewis County Director of Real Property is hereby amended as follows: 2014 Salary: Annual salary of $51,288.00, representing an increase of $ Salary: Annual salary of $52,926.00, retroactive to January 1, 2015 The County Treasurer is directed to make any 2014 and 2015 retroactive payment to the above identified Director after the effective date of this Local Law. SECTION 5. EFFECTIVE DATE: That the within Local Law shall take effect 45 days after the adoption and all legal requirements having been met. RESOLUTION NO FIXING DATE OF PUBLIC HEARING ON LOCAL LAW (INTRODUCTORY NO ), COUNTY OF LEWIS Introduced by Legislator Michael A. Tabolt, Chairman of the Board of Legislators. WHEREAS, there will be presented and introduced at a meeting of this Board of Legislators to be held on February 10, 2015, a proposed Local Law entitled A LOCAL LAW PROVIDING FOR AN INCREASE IN SALARY FOR THE LEWIS COUNTY DIRECTOR OF REAL PROPERTY. Now, therefore, BE IT RESOLVED as follows: Section 1. That a public hearing will be held on March 3, 2015, from 5:00 p.m. to 5:30 p.m., before the Lewis County Board of Legislators on the Second Floor Board Room at the Lewis County Courthouse, New York, 7660 North State Street, Lowville, New York. Section 2. That at least five (5) days notice of such hearing shall be given by the Clerk of this Board by the due posting thereof upon the bulletin board of the Lewis County Court House, Lowville, New York, and by publishing such notice at least once in the official newspaper of the County. Moved by Legislator Moser, seconded by Legislator Brennan, and adopted. LOCAL LAW (INTRODUCTORY NO ) COUNTY OF LEWIS Introduced by Legislator Michael A. Tabolt, Chairman of the Board of Legislators. A LOCAL LAW OF THE COUNTY OF LEWIS, NEW YORK,

15 ALLOWING FOR COMMON, SAFE ITEMS TO BE EXCLUDED FROM THE DANGEROUS FIREWORKS DEFINITION AS PERMITTED BY NEW YORK STATE PENAL LAW SECTION 405(b) BE IT ENACTED by the Board of Legislators of the County of Lewis as follows: SECTION 1. LEGISLATIVE INTENT A. Whereas on November 21, 2014 Governor Cuomo signed into law Chapter 477 of the Laws of 2014 (S.7888/A10141). B. Whereas this state law amended the State Penal Law, the Executive Law and the General Business Law placing further restrictions on dangerous fireworks while at the same time recognizing that certain fireworks should not be labeled dangerous when they pose little to no danger to the public and by labeling them dangerous only restricts business and personal enjoyment. C. Whereas the Governor signed this version of the bill into law in part due to its strong home rule authority, only allowing for certain fireworks to be sold and used in municipalities that affirmatively enact a local law authorizing such action. D. In keeping with Chapter 477 of the Laws of 2014, and Penal Code Section 405 this Board further finds and determines that sparkler devices may be sold and enjoyed, only in the manner described below, within Lewis County. E. This Board finds that allowing our residents the use of safe sparkler devices will benefit them and our local businesses. F. This Board further finds that the sale and use of sparkler devices is permitted with the following restrictions: 1. Sales will only be permitted on or between June 1 st through July 5 th and December 26 th and January 2 nd of each calendar year. 2. All distributors, manufacturers and retailers must be licensed though the New York Department of State. 3. Only those over the age of 18 may purchase said products. SECTION 2. DEFINITIONS Sparkling Devices are defined as follows: Sparkling Devices which are ground-based or hand-held devices that produce a shower of white, gold, or colored sparks as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible crackling effect, an audible whistle effect, and smoke. These devices do not rise into the air, do not fire inserts or projectiles into the air, and do not explode or produce a report (an audible crackling-type effect is not considered to be a report). Ground-based

16 or hand-held devices that produce a cloud of smoke as their sole pyrotechnic effect are also included in this category. Types of devices in this category include: 1. Cylindrical Fountain: cylindrical tube containing not more than seventy-five grams of pyrotechnic composition that may be contained in a different shaped exterior such as a square, rectangle, cylinder or other shape but the interior tubes are cylindrical in shape. Upon ignition, a shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle to be hand held (handle fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, and when tubes are securely attached to a base and the tubes are separated from each other on the base by a distance of at least half an inch (12.7 millimeters), a maximum total weight of five hundred grams of pyrotechnic composition shall be allowed. 2. Cone Fountain: cardboard or heavy paper cone containing not more than fifty grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition may not exceed two hundred grams, as is outlined in this subparagraph. 3. Wooden Sparkler/Dipped Stick: these devices consist of a wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks is produced. Sparklers may contain up to one hundred grams of pyrotechnic composition per item. 4. Novelties which do not require approval from the United States Department of Ttransportation and are not regulated as explosives, provided that they are manufactured and packaged as described below: a) Party Popper: small devices with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than sixteen milligrams (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus. These devices must be packaged in an inner packaging which contains a maximum of seventy-two devices. b) Snapper: small, paper-wrapped devices containing not more than one milligram of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report. Snappers must be in inner packages not to exceed fifty devices each, and the inner packages must contain sawdust or a similar, impact-absorbing material. SECTION 3. SEPARABILITY

17 If any part of or provisions of this law, or the application thereof to any person or circumstance, shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part of or provision of, or application directly involved in the controversy in which such the remainder of this law, or the application thereof to other persons or circumstances. SECTION 4. EFFECTIVE DATE This law shall take effect immediately upon filing with the Secretary of State. RESOLUTION NO FIXING DATE OF PUBLIC HEARING ON LOCAL LAW (INTRODUCTORY NO ), COUNTY OF LEWIS Introduced by Legislator Michael A. Tabolt, Chairman of the Board of Legislators. WHEREAS, there will be presented and introduced at a meeting of this Board of Legislators to be held on February 10, 2015, a proposed Local Law entitled A LOCAL LAW OF THE COUNTY OF LEWIS, NEW YORK, ALLOWING FOR COMMON, SAFE ITEMS TO BE EXCLUDED FROM THE DANGEROUS FIREWORKS DEFINITION AS PERMITTED BY NEW YORK STATE PENAL LAW SECTION 405(b). Now, therefore, BE IT RESOLVED as follows: Section 1. That a public hearing will be held on March 3, 2015, from 5:00 p.m. to 5:30 p.m., before the Lewis County Board of Legislators on the Second Floor Board Room at the Lewis County Courthouse, New York, 7660 North State Street, Lowville, New York. Section 2. That at least five (5) days notice of such hearing shall be given by the Clerk of this Board by the due posting thereof upon the bulletin board of the Lewis County Court House, Lowville, New York, and by publishing such notice at least once in the official newspaper of the County. Moved by Legislator Hathway, seconded by Legislator Brennan, and adopted. RESOLUTION NO RESOLUTION OPPOSING EXECUTIVE STATE BUDGET PROPOSAL CONCERNING THE UPSTATE REVITALIZATION ACCOUNT Introduced by Legislator Michael Tabolt, Chairman of the Board of Legislators. WHEREAS, the Governor has outlined the Executive State Budget Proposal which would create the Upstate Revitalization Account in the amount of $1.5 billion dollars; and

18 WHEREAS, this Account would be a one-time special initiative in which seven regional economic development areas compete for one of three $500 million dollar upstate revitalization grants; and WHEREAS, the initiative would be open to the Mid-Hudson, Capital Region, Mohawk Valley, Central New York, North Country, Southern Tier and Finger Lakes and would resemble the current Regional Economic Development Council; and WHEREAS, the Upstate Revitalization Account s goal is to provide a regional economic plan that focuses on strengthening critical infrastructure, revitalization of communities, bolstering workforce development, growing tourism and improving quality of life; and WHEREAS, the Lewis County Board of Legislators applauds the Governor for recognizing the economic needs of Upstate New York; however, believes it would be more equitable and beneficial for all counties within the Upstate Revitalization regions to share the $1.5 billion dollar grant funds by population rather than competing for the same. Now, therefore, BE IT RESOLVED, the Lewis County Board of Legislators urges the Governor to restructure his plan for the Upstate Revitalization Account grant program so that all Upstate Counties share equitably by population in this funding; and BE IT FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Governor Andrew M. Cuomo, Senator Joseph Griffo, Assemblyman Kenneth Blankenbush, New York State Association of Counties and Intercounty Legislative Committee of the Adirondacks. Moved by Legislator Pepper, seconded by Legislator King, and adopted. RESOLUTION NO RESOLUTION AUTHORIZING AGREEMENT BETWEEN LEWIS COUNTY AND BERNIER, CARR & ASSOCIATES, P.C. FOR GRANT APPLICATION ASSISTANCE AND PROFESSIONAL ENGINEERING AND ARCHITECTURAL AND RELATED SERVICES FOR THE DSS PARKING LOT PROJECT UNDER A GREEN INNOVATION GRANT PROGRAM FUND Introduced by Legislator Philip C. Hathway, Chairman of the Buildings and Grounds Committee. WHEREAS, Lewis County applied through a New York State Consolidated Funding Application ( CFA ), with the assistance of the Environmental Facilities Corporation, ( EFC ), under CFA No , to receive grant funds under the Green Innovation Grant Program ( GIGP ), for the improvement of the County s parking lot located on Outer Stowe Street (hereinafter referred to as DSS Parking Lot Project ); said improvement to include installation of bioretention and porous pavement; and

19 WHEREAS, Lewis County has been informed by EFC that the DSS Parking Lot Project has been selected to receive up to $640, in funding through the GIGP program. GIGP is funded through the US Environmental Protection Agency as part of the New York Clear Water State Revolving Fund Program; and WHEREAS, Bernier, Carr & Associates, P.C. has previously provided grant application assistance and a feasibility study for the DSS Parking Lot Project at a cost of $2,500.00; and WHEREAS, Lewis County wishes to engage the professional services of Bernier, Carr & Associates, PC, in providing expert and professional architectural, engineering and related services in the GIGP design and re-design phase of the project, in preparation of bid documents and bid responses in the bidding phase of the project, and professional engineering administrative services in coordination of construction contractors and inspections in the construction phase of the project. Now, therefore, BE IT RESOLVED, as follows: Section 1. That the Lewis County Board of Legislators hereby authorizes an agreement between the County of Lewis and Bernier, Carr & Associates, P.C. for the purpose of providing expert and professional architectural and engineering services for: (i) design and re-design, including but not limited to storm water management practices, bioretention and porous pavement, together with any other engineering design issues which develop during the project; and (ii) to prepare and assist in bid documents for the project, and review and evaluate proposals received in the bidding phase of the project; and (iii) to provide professional administrative services including coordination of contractors and inspections during the construction phase of the project. Section 2. That Bernier, Carr & Associates, P.C. be paid professional fees in the following amounts of: $66, for the Design Phase (i) of the project; $9, for the Bid Phase (ii) of the project; $19, for the Construction Administration Phase of the project; and direct expenses (such as printing and postage costs), up to and not to exceed $1, If the County requests more frequent inspections than normal, Bernier, Carr & Associates to be paid at an hourly rate of $95.00 for those additional inspections. Section 3. That these costs are considered part of the overall project and would be considered grant reimbursable at a minimum of 70% and maximum of 90%. Section 4. That the Chairman of the Board of Legislators, or the Vice-Chairman, be and the same is hereby authorized to execute and deliver such Agreement upon such form as may be acceptable to the County Attorney. Section 5. That this Resolution shall take effect immediately.

20 Moved by Legislator Dolhof, seconded by Legislator Moser, and adopted. RESOLUTION NO RESOLUTION INITIATING SEQRA ENVIRONMENTAL REVIEW PROCESS FOR REPAIR, RENOVATION, AND RECONSTRUCTION OF THE DEPARTMENT OF SOCIAL SERVICES BUILDING PARKING LOT AND PROPERTY Introduced by Legislator Philip C. Hathway, Chairman of the Building and Grounds Committee. WHEREAS, Lewis County owns property on Outer Stowe Street, Lowville, New York, more commonly known as the DSS building ; and WHEREAS, the Lewis County Board of Legislators have determined that the parking lot which services the DSS building is in need of major repair for the safety of employees, their clients and the general public who utilize the services of the Departments in said building; and WHEREAS, at the recommendation of the Buildings and Grounds/Ways and Means Committees, the Board of Legislators (hereinafter, the Board ) desires to repair, renovate and improve the parking lot and its sustainability by re-design, installation of bio-retention and porous pavement with the assistance of a Green Innovation Grant Program ( GIGP ) funding through the New York State Environmental Facilities Corporation; and WHEREAS, Lewis County has been informed that its Consolidated Funding Application No has been selected to receive up to $640, in funding for the DSS parking lot project under GIGP; and WHEREAS, the proposed Project is an activity that will result in construction or other activities that may affect the environment, and is directly undertaken or funded by an agency and therefore constitutes an action as that term is defined by Article 8 of the Environmental Conservation Law of the State of New York, and its implementing regulations found at Part 617, et seq. of the New York Codes, Rules and Regulations ( NYCRR ) (collectively referred to hereinafter as SEQRA ). Now, therefore, BE IT RESOLVED as follows: Section 1. That the Board of Legislators finds and determines that the proposed repair, renovation and reconstruction of the DSS parking lot located at 5274 Outer Stowe Street, Lowville, New York 13367, constitutes an UNLISTED or TYPE I action as defined by 6 NYCRR Section 2. That the Board of Legislators further determines that it shall proceed as the lead agency in this action and directs that a long form Environmental Assessment Form ( EAF )