CHAUTAUQUA COUNTY LEGISLATURE 4/27/16

Transcription

1 6:30 P.M. CALL TO ORDER ROLL CALL PRAYER BY LEGISLATOR WHITFORD PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES FOR 3/23/16 PRIVILEGE OF THE FLOOR PROCLAMATION: WESTERN NEW YORK ARMED FORCES BY COUNTY EXECUTIVE VINCENT W. HORRIGAN COMMENDATIONS: PANAMA CENTRAL SCHOOL VARSITY GIRLS & BOYS BASKETBALL TEAMS AND THEIR COACHES BY CHAIRMAN JAY GOULD DIVISION II WRESTLING CHAMPION BRADLEY BIHLER BY LEGISLATOR CHAGNON & DIVISION II WRESTLING CHAMPION JACOB PAUL PERU BY LEGISLATOR VANSTROM DUNKIRK-FREDONIA STEELERS HOCKEY TEAM BY LEGISLATORS BANKOSKI AND STARKS VETO MESSAGES FROM COUNTY EXECUTIVE HORRIGAN NO VETOES FROM 3/23/16 Page 1 of 3

2 COMMUNICATIONS: 1. Letter County Executive Re: Apptmts to COI 2. Election Commissioner Certificate B. Abram 3. Election Commissioner Certificate N. Green 4. Finance Director Investment Report March/ Minutes Chaut. Lake & Watershed Management Alliance 6. Minutes(2) Chaut. Co. Soil & Water Conserv. Dist. Feb./March Letter Orrick Bond Council Re: Ack. of NCCWD Documents for $11,750,000 Bond 8. Letter Ingram, LLP Re: Level 4 Applications for Corrected Tax Rolls & Refund/Credit of Real Property Taxes 9. Letter Associated Builders & Contractors, Inc. Re: Gov t. Mandated Apprenticeship Programs 10. Letter NYSAC Re: President Obama s POWER Plus Plan 11. Letter NYSAC Re: NYS Budget Financing Opportunities Financial Statement Chaut. County Industrial Development Agency TABLED LOCAL LAW INTRO A Local Law to Raise the Legal Age for Purchase of Tobacco Products in Chautauqua County to 21 LAID ON DESKS FOR ACTION AT THE MAY 25, 2016 LEGISLATURE LOCAL LAW INTRO A Local Law Amending the Chautauqua County Charter RESOLUTIONS: Confirm Appts. - Chautauqua County Opportunities Board of Directors Confirm Appt. Brian C. Abram (R) Commissioner of Elections Confirm Appt. Norman P. Green (D) Commissioner of Elections Auth. Dir. of Fn. to Increase Appropriations for South Main Street Bridge PIN County Bridge 1085 Rehabilitation Auth. Use of DPF Staff & Equip. to Assist the Robert H. Jackson Center Auth. Intermunicipal Agrmt. for Mayville Lakeside Pedestrian & Bike Path Project Confirming the County of Chaut. As Lead Agency Responsible for SEQRA Review for the Proposed Construction of County Public Facilities Maintenance Facility in the Town of Sherman Auth. Public Hearing Lease & Power Purchase Agrmt. for Solar Generating Facility at the Chaut. County Dunkirk Airport Amend, Reconcile, and Close Capital Project Account H Amend Dollar Amounts Kept in DMV Petty Cash Fund State Homeland Security Program for Fiscal Year Emergency Management Performance Grant for Fiscal Year Establish Accounts for EMT Course Sponsorship Page 2 of 3

3 Auth. Acceptance & Expenditure of Forfeiture Funds Held by the DA s Office Authorize Agreement w/ Town of Hanover for Enhanced Police Services Mental Hygiene Phone System Upgrade Budget Adjustment Amend Chaut. Co. Health & Human Services 2016 Budget for Increased Medicaid Weekly Share Cap Payments Auth. Grant Application for a Supplemental Nutrition Assistance Program (SNAP) Process & Technology Improvement Grant Through the U.S. Depart. of Agriculture Food and Nutrition Service Auth. Amendment to Lease Agrmt. w/ the Chautauqua Center, Inc. (TCC) For Article 28 Clinic Space in SCOB Auth. Lease Agrmt. - Dept. of Planning & Ec. Development at BWB Center Auth. Use of 3% Bed Tax Reserve for Roof Repair at the Dunkirk Historical Lighthouse and Veteran s Park Museum Auth. Allocation of 3% Occupancy Tax Funding from the 2016 Reserve Account for Chaut. Lake Waterski Show Attraction Amend 2015 Budget for Year End Reconciliation Final Adjustment A Resolution Authorizing the Issuance of $2,800,000 Bonds of the County of Chautauqua, NY, to Pay the Cost of the Design & Construction of Improvements to the Treatment Plant of the NCLSD in and for Said County Approving Labor Contract w/ CSEA Unit 6322 (Part Time Deputy Sheriffs) MOTIONS: A. Calling on the State of New York to Fully Reimburse Counties for District Attorney salary Increases Set by the State B. Urging NYS to Increase the Share of Revenue Counties Retain for Providing State DMV Services ANNOUNCEMENTS PRIVILEGE OF THE FLOOR Page 3 of 3

4 LOCAL LAW INTRODUCTORY NO CHAUTAUQUA COUNTY A LOCAL LAW TO RAISE THE LEGAL AGE FOR PURCHASE OF TOBACCO PRODUCTS IN CHAUTAUQUA COUNTY TO 21 BE IT ENACTED, by the County Legislature of the County of Chautauqua, New York, as follows: Section 1. Legislative Findings and Intent. The sale in Chautauqua County of tobacco and related products to individuals under twenty-one years of age should be prohibited in order to: a) further the goals of New York State s tobacco use prevention and control program, as identified in New York State Public Health Law 1399-ii; b) respond to the fact that tobacco is the leading cause of preventable death and disease in New York State; c) respond to findings made by the Institute of Medicine, which prepared a report at the request of the U.S. Food and Drug Administration entitled Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products, concluding and suggesting that: i. adolescent brains are uniquely vulnerable to the effects of nicotine; ii. a younger age of initiation is strongly associated with greater nicotine dependence and is also associated with greater intensity and persistence of smoking beyond adolescence and into adulthood; iii. almost one in five high school seniors is a current cigarette smoker; iv. underage users rely primarily on social sources, such as friends and family, to acquire tobacco, and most of these sources are likely to be between eighteen and twenty years old; v. raising the minimum legal age to twenty-one will mean that those who can legally obtain tobacco are less likely to be in the same social networks as high school students; vi. delaying initiation rates will likely decrease the prevalence of tobacco users in the U.S. population; and vii. raising the minimum legal age will likely immediately improve the health of adolescents and young adults by reducing the number of those with adverse physiological effects; d) address the fact that, when adjusted for age, 27.8 percent of adults in Chautauqua County smoke, which is the ninth highest county smoking rate in the State; e) respond to findings that most (nearly 90%) of those addicted to tobacco, start using tobacco before twenty-one years of age; f) respond to the growing rates of electronic cigarette use among youth, which expose

5 users to unhealthy levels of nicotine and other unknown harmful chemicals; g) reduce the exposure of our youth to disease-causing toxins in secondhand smoke and in chemicals emitted from electronic cigarettes, liquid nicotine, shisha, herbal cigarettes, and other Prohibited Products as defined herein; h) apply evidence-based strategies to address the public health issues that result from tobacco use including but not limited to cancer, heart disease, and lung disease; i) prevent exposure of youth, who are particularly susceptible to addiction, to the chemically addictive effects of tobacco and related products, in an effort to improve public wellness and reduce health insurance expenditures; and j) protect young County residents from the unregulated and unknown effects of electronic cigarettes, herbal cigarettes, and other Prohibited Products. Section 2. Definitions. a) Prohibited Products means: i. cigarettes, cigars, chewing tobacco, powdered tobacco, shisha, bidis, gutka, other tobacco products, nicotine water, herbal cigarettes, electronic cigarettes, liquid nicotine, snuff, rolling papers, and smoking paraphernalia, as those terms are defined in New York State Public Health Law Article 13-F and, when not so defined, as commonly understood to be defined; and ii. all other products which are prohibited from being sold to minors by New York State Public Health Law Article 13-F, as the same may be amended from time to time. b) Enforcement Officer means the County of Chautauqua Board of Health. Section 3. Policy. a) The sale of Prohibited Products to those under the age of twenty-one is prohibited in Chautauqua County to the same extent that sale of such products to those under eighteen years of age is prohibited by New York State Public Health Law Article 13-F, as the same may be amended from time to time. b) The identification requirements contained in New York State Public Health Law Article 13-F Section 1399-cc(3), as the same may be amended from time to time, are hereby incorporated into this law by reference, except that the age to be proven by such identification shall be twenty-one. c) Prohibited Products may not be sold in vending machines located in the County. d) No person operating a place of business wherein Prohibited Products are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any Prohibited Product in any manner, unless such Product is stored for sale (a) behind a counter in an area accessible only to the personnel of such business, or (b) in a locked container; provided, however, such restriction shall not apply to tobacco businesses as defined in subdivision eight of 1399-aa of New York State Public Health Law Article 13-F, as the same may be amended from time to time, and to places to which admission is restricted to persons twenty-one years of age or older.

6 Section 4. Posting of Signs. Vendors of Prohibited Products shall post a sign in a conspicuous place imprinted with the statement SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, BIDIS, GUTKA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS, OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, IS PROHIBITED BY LOCAL LAW. Such sign shall be printed on a white card in red letters at least one-half inch in height. Signs shall be protected from tampering, damage, removal, or concealment. In the event additional sign language is required due to changes to New York State Public Health Law Article 13-F, vendors shall add such additional language to their signs, including, but not limited to, reference to additional products which may become prohibited for sale to minors. Section 5. Enforcement. a) The Enforcement Officer is charged with ensuring compliance with this Local Law. b) In the event a violation of this Law also constitutes a violation of New York State Public Health Law, as the same may be amended from time to time, the Enforcement Officer shall take enforcement action pursuant to and in accordance with New York State Public Health Law Article 13-F 1399-ee, as the same may be amended from time to time. c) For a violation of this Law which does not constitute a violation of New York State Public Health Law: i. the Enforcement Officer may issue and serve upon the person complained against a written hearing notice, in accordance with the provisions of the Chautauqua County Sanitary Code, together with the complaint made against him or her. The Complaint shall specify the provision(s) of this Local Law of which such person is alleged to be in violation, accompanied by a statement of the manner in which that person is alleged to have violated it, and shall require the person so complained against to answer the charges of such complaint at a public hearing before the Board of Health or its designated hearing officer, at a specified location, date, and time, not fewer than fifteen (15) days after the date of service of the notice; ii. notwithstanding the above, the Board of Health or its designee may, in its discretion, offer a proposed stipulation to the person complained against, in which case the person complained against will have the option of executing the proposed stipulation within any time frame specified, or proceeding with a formal hearing; iii. when the Enforcement Officer determines after a hearing that a violation of this Local Law has occurred, a civil penalty may be imposed by the Enforcement Officer pursuant to Section 6 of this Local Law. Nothing herein shall be construed as prohibiting an Enforcement Officer from commencing a proceeding for injunctive relief to compel compliance with this Local Law;

7 iv. any person who desires to register a complaint under this Local Law may do so through the Enforcement Officer; v. the decision of the Enforcement Officer shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules; and vi. the Enforcement Officer, subsequent to any appeal having been finally determined, may bring an action in a court of proper jurisdiction to recover the civil penalty assessed in accordance with Section 6 of this Local Law. Section 6. Violations and Penalties. Violation of any provision of this Local Law shall be punishable by a civil penalty in an amount determined by the Chautauqua County Board of Health, within the parameters of the minimum and maximum penalties set forth in New York State Public Health Law 1399-ee(2), as the same may be amended from time to time. Section 7. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, or business shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its specific application. Section 8. Effective Date. This local law shall become effective October 1, 2016.

8 RES. NO Confirm Appointments - Chautauqua County Opportunities Board of Directors By Human Services Committee: WHEREAS, Vincent W. Horrigan, County Executive, has submitted the following appointments for action by the Chautauqua County Legislature; therefore be it RESOLVED, That the Chautauqua County Legislature does hereby confirm the following appointments to the Chautauqua Opportunities Governing Board. Dr. John P. Hamels 5996 Welch Hill Rd. Ripley, N.Y Term Expires: 6/30/16 Filing Term of Janet Keefe Willie Rosas Filing Term of Susan Forrester Mackay 768 Central Ave. Dunkirk, N.Y Term Expires: 6/30/16 Signed: Tarbrake, Lemon, Wilfong, Whitford, Rankin RES. NO Confirm Appointment Brian C. Abram (R) Commissioner of Elections By Administrative Services Committee: At the Request of Chairman Jay Gould, Legislators Borrello, Chagnon, Lemon, Vanstrom, Rankin, Wilfong, Odell, Niebel, Muldowney, Hemmer, Himelein, Scudder, Tarbrake, and Wendel: WHEREAS, the present term of the Republican Commissioner of Elections will expire December 31, 2016; and WHEREAS, a Certificate of Appointment signed by the County Republican Chairman, Allen Henderson, duly filed with the Clerk of the County Legislature pursuant to the New York State Election Law, states that a majority of such party Committee recommends the appointment of Brian C. Abram for the ensuing four (4) year term beginning January 1, 2017; now therefore be it RESOLVED, That Brian C. Abram be and hereby is appointed Republican Commissioner of Elections for the County of Chautauqua for a term of four (4) years commencing January 1, 2017, at the salary provided in Local Law 3-98 increased in conformity with the increases provided for County Managers under the Management Salary Plan. Signed: Scudder, Vanstrom, Muldowney, Starks, Whitford 1

9 RES. NO Confirm Appointment Norman P. Green (D) Commissioner of Elections By Administrative Services Committee: At the Request of Legislators Nazzaro, Bankoski, Starks, and Whitford: WHEREAS, the present term of the Democratic Commissioner of Elections will expire December 31, 2016; and WHEREAS, a Certificate of Appointment signed by the County Democratic Chairman, Norman P. Green, duly filed with the Clerk of the County Legislature pursuant to the New York State Election Law, states that a majority of such party Committee recommends the appointment of Norman P. Green for the ensuing four (4) year term beginning January 1, 2017; therefore be it RESOLVED, That Norman P. Green be and hereby is appointed Democratic Commissioner of Elections for the County of Chautauqua for a term of four (4) years commencing January 1, 2017, at the salary provided in Local Law 3-98 increased in conformity with the increases provided for County Managers under the Management Salary Plan. Signed: Scudder, Vanstrom, Muldowney, Starks, Whitford RES. NO Authorize Director of Finance to Increase Appropriations for the South Main Street Bridge, PIN County Bridge 1085 Rehabilitation By Public Facilities and Audit & Control Committees: WHEREAS, Resolution approved a project for the Rehabilitation of the South Main Street Bridge over Chadakoin River, BIN in the City of Jamestown, Chautauqua County, PIN (the "Project") and committed $305,000 to cover 100% of the project s Preliminary Engineering Design I-VI phases; and WHEREAS, the cost of the Project s Right of Way (ROW), Construction, and Construction Inspection Phases is currently estimated at $2,455,678 $2,385,000, to be borne at the ratio of 80% Federal funds and 20% Non-Federal funds; and WHEREAS, the County of Chautauqua desires to advance the Project by making a commitment of 100% of the $491,136 $477,000 Non-Federal share for the project s Right of Way (ROW), Construction, and Construction Inspection Phases of the project PIN ; and WHEREAS, it is anticipated that New York State will provide reimbursement to the County equal to 75% of the Non-Federal share; NOW, THEREFORE, the County Legislature of the County of Chautauqua, duly convened, does hereby: RESOLVED, That the County Legislature of the County of Chautauqua hereby approves the advancement of the above-subject project; and it is further RESOLVED, That in the event the amount required to pay the full Federal and Non- Federal shares of the cost of the project's Right of Way (ROW), Construction, and Construction 2

10 Inspection Phases exceeds the amount appropriated above, the County of Chautauqua shall convene its Legislature as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and it is further RESOLVED, That the County Executive of the County of Chautauqua be and is hereby authorized to execute all necessary Agreements, certifications and/or reimbursement requests for Federal Aid on behalf of the County of Chautauqua with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Municipality's first instance funding of Project costs and permanent funding of the local share of Federal-Aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and it is further RESOLVED, That a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, That this Resolution take effect immediately and that Fund Balance be appropriated as follows: INCREASE THE USE OF FUND BALANCE: A Fund Balance, Reserved Fund Balance Rsrv. for Capital $ 122,784 $237,000 and it is further RESOLVED, That the Director of Finance is authorized and directed to make the following changes to the Capital Budget: INCREASE APPROPRIATION ACCOUNT: A Interfund Transfers Trans Co Road Suppl (A-D $ 237,000 INCREASE CAPITAL APPROPRIATION ACCOUNT: D Contractual County Bridge Program $2,385,000 ESTABLISH AND INCREASE CAPITAL REVENUE ACCOUNTS: D R Federal Aid: Surface Transp Program $1,908,000 D R New York State Aid: Marchiselli Program $ 240,000 D R Interfund Trasnfer: Interfund Transfers $ 237,000 $2,385,000 Signed: Hemmer, Wilfong, Scudder, Himelein, Nazzaro, Chagnon, Muldowney, Borrello 3

11 RES. NO Authorize Use of DPF Staff and Equipment to Assist the Robert H. Jackson Center By Public Facilities Committee: WHEREAS, Robert H. Jackson was raised in Chautauqua County in Frewsburg, and with only a modest education and no college degree, spent approximately 20 years as a successful attorney in Jamestown, before going to Washington, D.C. to serve in the Department of Justice as Solicitor General, Attorney General, and ultimately Associate Supreme Court Justice, and while on the Court, served as the Chief U.S. Prosecutor at the International Military Tribunal convened for the trials of the major Nazi war criminals in Germany; and WHEREAS, the Robert H. Jackson Center is a museum located in Jamestown dedicated to advancing public awareness and appreciation of the principles of justice and the rule of law as embodied in the achievements and legacy of Robert H. Jackson; and WHEREAS, a prominent statue of Robert H. Jackson was erected near Love Elementary School in Jamestown, and with the continued development of the Robert H. Jackson Center, it has been deemed appropriate to move the statue to the grounds of the Center to further promote its activities and public events for the benefit of the County and its visitors; and WHEREAS, pursuant to New York County Law sections 224 and 225, the County is authorized to provide assistance for the maintenance and operation of public museums, and promote the advantages of the county or region; therefore be it RESOLVED, That the Chautauqua County Legislature authorizes the County Executive and Director of Public Facilities, within 2016 DPF budget appropriations, to provide DPF staff and equipment to assist the Robert H. Jackson Center in moving and placing the statue of Robert H. Jackson on the grounds of the Center. Signed: Hemmer, Wilfong, Scudder, Himelein, Nazzaro RES. NO Authorize Inter-Municipal Agreement for the Mayville Lakeside Pedestrian and Bike Path Project By Public Facilities Committee: WHEREAS, the Department of Public Facilities proposes to construct a trail to be called the Mayville Lakeside Pedestrian and Bike Path along the Chautauqua Rails-to-Trails Corridor, for residents and visitors of the Chautauqua Lake Area, in the Village of Mayville; and WHEREAS, pursuant to Resolution No , Chautauqua County entered into an agreement with the New York State Department of Transportation for the Preliminary Engineering (Design I-IV) phase for the Mayville Lakeside Pedestrian and Bike Path, PIN , County Agreement number ( B); and 4

12 WHEREAS, pursuant to Resolution No the County issued a Negative Declaration meeting the requirements of 6 NYCRR Part 617 of the Environmental Conservation Law that implementation of the proposed trail will not result in any significant adverse environmental impacts; and WHEREAS, the trail is to be constructed on lands owned and maintained by the Village of Mayville and upon completion of construction the Village will own the trail; and WHEREAS, an inter-municipal agreement with the Village of Mayville is required prior to construction in accordance with Agreement number ( B) to allow the County and County contractors to construct the trail on Village owned property and designate maintenance responsibilities of the completed trail to the Village of Mayville; therefore be it RESOLVED, That the County Executive be and hereby is authorized to execute an Inter- Municipal Agreement with the Village of Mayville for the County to construct, and the Village to own and maintain, a Mayville Lakeside Pedestrian and Bike Path as described herein. Signed: Hemmer, Wilfong, Scudder, Himelein, Nazzaro RES. NO Confirming the County of Chautauqua as Lead Agency Responsible for SEQRA Review for the Proposed Construction of a County Public Facilities Maintenance Facility in the Town of Sherman By Public Facilities Committee: WHEREAS, the County Legislature has established a capital project account for the proposed construction of a replacement County DPF maintenance facility at DPF s current location on State Highway 430 in the Town of Sherman, and it would be beneficial for the County to act as Lead Agency for the SEQRA review of the project; and WHEREAS, pursuant to SEQRA, all Involved Agencies would be advised of the County s intent to act as Lead Agency for the SEQRA process, and would have an opportunity to approve the designation of the County as Lead Agency; therefore be it RESOLVED, That the County Legislature hereby confirms the designation of the County of Chautauqua as Lead Agency responsible for SEQRA review for the proposed construction of a County DPF public maintenance facility at DPF s current location on State Route 430 in the Town of Sherman, subject to approval of all other Involved Agencies as needed. Signed: Hemmer, Wilfong, Scudder, Himelein, Nazzaro 5

13 RES. NO Authorize Public Hearing for Lease and Power Purchase Agreement for Solar Generating Facility at the Chautauqua County Dunkirk Airport By Public Facilities Committee: WHEREAS, the County issued a Request for Proposals (RFP) and has selected Solar Liberty for the installation and use of a solar photovoltaic power generating facility on property located at the Chautauqua County Dunkirk Airport for the purpose of selling the power produced by said facility to County; and WHEREAS, the Airport Commission has recommended the acceptance of this lease; and WHEREAS, a public hearing pursuant to Article 14 of the General Municipal Law is required pursuant to approval of a lease of airport property; therefore, be it RESOLVED, That pursuant to Article 14 of the General Municipal Law, a public hearing shall be held on the proposed lease at the meeting of the County Legislature on May 25, 2016, at 6:30 pm at Legislative Chambers, Gerace Office Building, Mayville, New York upon substantially the following terms: 1. Premises. Approximately eight (8) acres within SLB in the area west of Middle Road at the Chautauqua County Dunkirk Airport. 2. Rent. No monetary rent Solar Liberty obligated to install, operate, and maintain a solar photovoltaic power generating facility on the leased premises at its own cost. 3. Power Purchase Agreement (PPA). County obligated to purchase 100% of the electric energy produced by the Solar Liberty facility at the scheduled rates in the PPA. 4. Term. Commencing on the day the parties duly execute the lease agreement and for twenty (20) years after the commercial operation date set forth in the PPA. The parties, upon mutual agreement, shall have the option to renew for up to three (3) additional terms of five (5) years to run continuous. 5. Utilities. Solar Liberty shall pay all utilities in conjunction with the solar photovoltaic power generating facility including any cost of bringing any necessary utilities onto the property. 6. Option to Purchase. On each five (5) year anniversary date of the lease and PPA, County may exercise an option to purchase the Solar Liberty facility for its fair market value, thereby terminating the lease and PPA. 7. Other: As negotiated by the County Executive; and be it further RESOLVED, That the Clerk of the Legislature shall give at least ten (10) days notice of said public hearing by publication in the official newspapers of the County of Chautauqua. Signed: Hemmer, Wilfong, Scudder, Himelein, Nazzaro 6

14 RES. NO Amend, Reconcile, and Close Capital Project Account H By Administrative Services and Audit & Control Committees: WHEREAS, Chautauqua County established Capital Project H County Clerk Archival Records Management System in 1998 to initiate a process for the digital preservation of County records; and WHEREAS, early phases of the Project required significant investment of local share by the County in addition to grant funding from New York State and it was appropriate to establish a Capital Project; and WHEREAS, since 2008 the County Clerk and County Historian have been successful in securing annual grant funding for ongoing preservation efforts that did not require a local match; and WHEREAS, further preservation grants can now be accounted for in the General Fund of the County Clerk s department and Capital Project H can now be closed; and WHEREAS, two grants approved by the Legislature in RES and RES in November 2009 were subject to budget sequestration by New York State; and WHEREAS, actual expenditures have not exceeded the budget for appropriations but are in excess of actual revenue; and WHEREAS, an adjustment to the Reserve for Capital is necessary to offset the amount not covered by the grants; now therefore be it RESOLVED, That the A Fund Balance is appropriated as follows: INCREASE THE USE OF FUND BALANCE: A Fund Balance Reserve for Capital $5,949 ; and be it further RESOLVED, That the Director of Finance is authorized and directed to make the following amendment to the 2016 Budget: INCREASE APPROPRIATION ACCOUNT: A Interfund Transfer Transfer to Capital $5,949 ; and be it further 7

15 RESOLVED, That the Director of Finance is authorized and directed to make the following amendments to the Capital Budget: DECREASE CAPITAL REVENUE ACCOUNT: H R NYS Aid Records Management Grant $5,949 INCREASE CAPITAL REVENUE ACCOUNT: H R Interfund Transfer Interfund Transfer $5,949 ; and be it further RESOLVED, That the Director of Finance close account H precluding any further expenditure; reconcile the account; and post account adjustments. Signed: Scudder, Vanstrom, Muldowney, Starks, Whitford, Chagnon, Himelein, Nazzaro, Borrello RES. NO Amend Dollar Amounts Kept in DMV Petty Cash Fund By Administrative Services and Audit & Control Committees: WHEREAS, the petty cash funds in county DMV offices are currently $310 in the Mayville office and $410 in the Dunkirk and Jamestown offices, and WHEREAS, the amounts in these funds have not increased in many years, and WHEREAS, DMV offices are forced to make change from the previous day s receivables in order to conduct business, and WHEREAS, the practice of making change with the prior day s receivables is discouraged by the New York State DMV office, and WHEREAS, local DMV offices have been criticized for this practice in past audits, therefore, be it RESOLVED, That the Finance Department be directed to increase the petty cash fund in the Mayville DMV office to $600 and the Dunkirk and Jamestown DMV offices to $800. Signed: Scudder, Vanstrom, Muldowney, Starks, Whitford, Chagnon, Himelein, Nazzaro, Borrello 8

16 RES. NO State Homeland Security Program for Fiscal Year 2016 Public Safety and Audit & Control Committees: WHEREAS, Chautauqua County was awarded funds of $200,000 from the FY2015 State Homeland Security Program (SHSP) and the State Law Enforcement Terrorism Prevention Program (SLETPP) with $150,000 to Emergency Services and $50,000 to the Sheriff s Department for law enforcement terrorism prevention activities; and WHEREAS, the grant is intended to provide funds to sustain and enhance regional preparedness in the Chautauqua County area through projects and initiatives that comply with the Federal grant guidelines and supports the implementation of the State Homeland Security Strategy; and WHEREAS, the grant period runs from September 1, 2016 through August 31, 2019, and as may be extended; and WHEREAS, upon acceptance of application and execution of contract, funds will be allocated to the proper accounts in subsequent resolutions once the County is ready to expend them; now therefore be it RESOLVED, That the County Executive is hereby authorized to execute all necessary agreements to accept the award and subsequent changes to work plans if necessary. Signed: Niebel, Tarbrake, Whitford, Chagnon, Muldowney, Himelein, Nazzaro, Borrello RES. NO Emergency Management Performance Grant for Fiscal Year 2016 By Public Safety and Audit & Control Committees: WHEREAS, the Office of Emergency Services was awarded funds from the New York State Division of Homeland Security and Emergency Services in the total amount of $111, with a fifty percent (50%) in kind match from the County in the amount of $55,534.00; and WHEREAS, the grant is to help manage daily Emergency Management functions and to enhance planning, training, exercises, public preparedness, emergency alert and notification systems; and WHEREAS, the grant period runs from October 1, 2015 through September 30, 2017, or as may be amended; and WHEREAS, the application documents need to be submitted to DHSES no later than May 6, 2016; and WHEREAS, the expenses and revenues for the grant agreement are within the financial parameters of the adopted 2016 County budget; now therefore be it 9

17 RESOLVED, That the County Executive is hereby authorized to sign and execute all necessary agreements to accept the award and subsequent changes to work plans. Signed: Niebel, Tarbrake, Whitford, Chagnon, Muldowney, Himelein, Nazzaro, Borrello RES. NO Establish Accounts for EMT Course Sponsorship By Public Safety and Audit & Control Committees: WHEREAS, Chautauqua County Emergency Services has been approved as the course sponsor of the Emergency Medical Technician (EMT) training by the New York State Department of Health Bureau of Emergency Medical Services (NYSDOH BEMS); and WHEREAS, the 2016 budget includes $25,000 for personnel and employee benefits costs and New York State Aid funding associated with the delivery of EMT training; and WHEREAS, enrollees will purchase course materials from the County, and some students will pay the full tuition; and WHEREAS, the total number of classes and students is greater than originally anticipated, and sponsorship guidelines state that unique accounts should be established for recording expenses and revenues associated with each training class, and WHEREAS, the 2016 budget should be amended to move the expense and revenues associated with EMT training to the newly established accounts and to increase the budget for the additional number of classes to be conducted and to include revenue from private pay enrollees, and WHEREAS, any surplus must be set aside as a designation of fund balance and be used solely for the purpose of offsetting future training expenses; now therefore be it RESOLVED, That the County Executive is hereby authorized to execute all necessary agreements for the Course Sponsorship; and be it further RESOLVED, That the Director of Finance is authorized and directed to report any surplus as a designation of General Fund Balance, and is hereby authorized and directed to make the following changes to the 2016 budget: DECREASE APPROPRIATION ACCOUNTS: A Personal Services EMS $16,000 A Employee Benefits EMS $ 9,000 $25,000 ESTABLISH AND INCREASE APPROPRIATION ACCOUNTS: A.3989.EMT.1 Personal Services EMT Training $16,000 A.3989.EMT.4 Contractual EMT Training $22,500 A.3989.EMT.8 Employee Benefits EMT Training $ 9,000 $47,500 10

18 DECREASE REVENUE ACCOUNT: A.3898.R NYS Aid Public Health EMS $25,000 ESTABLISH AND INCREASE REVENUE ACCOUNTS: A.3989.EMT.R Sale of Prop./Comp. - Sale of Instructional Supplies $ 7,500 A.3989.EMT.168.9EMT Dept. Income: Oth PH Income-EMT Private Pay Tuition $ 2,000 A.3989.EMT.R NYS Aid - Public Health EMT Training $38,000 $47,500 Signed: Niebel, Tarbrake, Whitford, Chagnon, Muldowney, Himelein, Nazzaro, Borrello RES. NO Authorize Acceptance and Expenditure of Forfeiture Funds Held by the District Attorney s Office By Public Safety and Audit & Control Committees: WHEREAS, the District Attorney's Office periodically receives a share of forfeited funds seized by police agencies within Chautauqua County which constitute the criminal proceeds of the crime; and WHEREAS, the District Attorney s Office holds these funds in a Forfeiture Account designated for law enforcement use by the District Attorney s Office; and WHEREAS, the District Attorney s Office periodically identifies permissible law enforcement expenditures that will enhance the District Attorney Office s prosecution function; and WHEREAS, the District Attorney s Office is currently in need of office furniture and equipment to enhance the District Attorney Office s prosecution function; and WHEREAS, the District Attorney s Office desires to have the County authorize the acceptance of $13,270 from the Forfeiture Account for the expenditure of office furniture and equipment; now therefore be it RESOLVED, That the County of Chautauqua authorizes the acceptance of $13,270 from the District Attorney s Forfeiture Account for the expenditure of office furniture and equipment; and be it further RESOLVED, That the Director of Finance is authorized and directed to make the following budgetary adjustments to the 2016 Budget: ESTABLISH AND INCREASE APPROPRIATION ACCOUNT: A Equipment District Attorney $13,270 11

19 ESTABLISH AND INCREASE REVENUE ACCOUNT: A.1165.R Fines & Forfeitures - Forfeiture Crime Proceeds $13,270 Signed: Niebel, Tarbrake, Whitford, Chagnon, Muldowney Himelein, Nazzaro, Borrello RES. NO Authorize Agreement with Town of Hanover for Enhanced Police Services By Public Safety and Audit & Control Committees: WHEREAS, the Town of Hanover has requested the Office of the Sheriff provide enhanced police services within the geographic boundaries of the Township during the 2016 summer season; and WHEREAS, the Chautauqua County Sheriff has negotiated a tentative agreement with the Town of Hanover for additional patrols in the Sunset Bay area for the period of June 18, 2016 through September 6, 2016 for a cost not to exceed $7,500.00, based on an hourly rate of $37.28 for general patrols and a holiday rate of $46.77; and WHEREAS, the expenses and revenues for the agreement with the Town of Hanover are within the financial parameters of the adopted 2016 County budget; now therefore be it RESOLVED, That the County Executive is hereby authorized and empowered to execute an agreement with the Town of Hanover for enhanced police services as set forth above with revenues to be credited to revenue account A.3110.R Signed: Niebel, Tarbrake, Whitford, Chagnon, Muldowney, Himelein, Nazzaro, Borrello RES. NO Mental Hygiene Phone System Upgrade Budget Adjustment By Human Services and Audit & Control Committees: WHEREAS, the Chautauqua County Department of Mental Hygiene has upgraded its phone system; and WHEREAS, the 2016 budget appropriated funds for this project under the account classification for Contractual expenses; and WHEREAS, the appropriate classification is Fixed Contractual; therefore be it RESOLVED, That the Director of Finance is authorized and directed to make the following changes to the 2016 budget: 12

20 INCREASE APPROPRIATION ACCOUNTS: A Fixed Contractual Mental Hygiene $ 2,880 A Fixed Contractual Mental Hygiene $19,440 DECREASE APPROPRIATION ACCOUNTS: A Contractual Mental Hygiene $ 2,880 A Contractual Mental Hygiene $19,440 Signed: Tarbrake, Lemon, Wilfong, Whitford, Rankin, Chagnon, Muldowney, Himelein, Nazzaro, Borrello RES. NO Amend Chautauqua County Health & Human Services 2016 Budget for Increased Medicaid Weekly Share Cap Payments By Human Services and Audit & Control Committees: WHEREAS, the New York State Department of Health recalculates each local district s Medicaid local share cap on an annual basis; and WHEREAS, the County was notified on March 24, 2016 that its State Fiscal Year Medicaid local share cap has been set at $30,637,946 which will be paid over a period of 52 weeks, resulting in a weekly share of $589,191 commencing with the first weekly charge of April 2016; and WHEREAS, the County has budgeted local share dollars for these charges; and WHEREAS, the 2016 expenditures are now projected to be in excess of the budgeted amount and the 2016 budget should be amended based upon current projections; now, therefore, be it RESOLVED, That A Fund Balance is appropriated as follows: INCREASE THE USE OF FUND BALANCE: A Fund Balance, Unreserved Fund Balance $495,000 and be it further RESOLVED, That the Director of Finance is authorized and directed to amend the 2016 budget as follows: INCREASE APPROPRIATION ACCOUNT: A Contractual Medicaid $495,000 Signed: Tarbrake, Lemon, Wilfong, Whitford, Rankin (Unanimously Defeated in A.C.) 13

21 RES. NO Authorize Grant Application for a Supplemental Nutrition Assistance Program (SNAP) Process and Technology Improvement Grant Through the U.S. Department of Agriculture Food and Nutrition Service By Audit & Control Committee: At the Request of Legislator Tarbrake and County Executive Vincent W. Horrigan: WHEREAS, the U.S. Department of Agriculture Food and Nutrition Service has issued a grant competition awarding up to $5,000,000 of grant funding available through its Supplemental Nutrition Assistance Program (SNAP) Process and Technology Improvement Grants program for projects aimed at simplifying the SNAP application and eligibility determination systems for improving access to SNAP benefits for eligible households; and WHEREAS, the County is in the planning stages of setting up a central intake space in the South County Office Building that would include self-service kiosks and other technological components which are fundable under such a grant; and WHEREAS, the County plans to propose funding of the USDA of $43, for said equipment; and WHEREAS, it has been determined that the aforementioned USDA grant application process requires the governing body of a municipality to authorize proceeding with the USDA grant applications; therefore be it RESOLVED, That the County Executive be and hereby is authorized to apply for the Supplemental Nutrition Assistance Program (SNAP) Process and Technology Improvement Grant funding through the U.S. Department of Agriculture Food and Nutrition Service and to execute any agreements necessary to secure such funding. Signed: Chagnon, Muldowney, Himelein, Nazzaro, Borrello RES. NO Authorize Amendment to Lease Agreement with the Chautauqua Center, Inc. (TCC) for Article 28 Clinic Space in SCOB By Audit & Control Committee: WHEREAS, Resolution authorized the County Executive to enter into a lease agreement with TCC including specified terms and conditions; and WHEREAS, TCC is in need of additional space, requires equipment, and has requested additional lease time at the SCOB building due to an anticipated delay in availability of its permanent space; and WHEREAS, the County has additional space available, has equipment needed by TCC, and is able to accommodate TCC s need to use the space for an additional time period; now therefore be it 14

22 RESOLVED, That the County Executive is hereby authorized and empowered to execute a lease amendment to the TCC lease agreement, to be effective May 1, 2016, on substantially the following terms and conditions: and be it further 1. Premises. Leased space increased from 3,688 square feet to approximately 4,558 square feet. 2. Term. Lease expiration extended from August 31, 2017 to December 31, 2017, as needed until TCC acquires permanent space. 3. Rent. Increased from $6,000/month to $7,000/month 4. Other. As negotiated by the County Executive. RESOLVED, That use of the A Fund Balance is decreased as follows: DECREASE THE USE OF FUND BALANCE: A Unassigned Fund Balance $8,000 and be it further RESOLVED, That the Director of Finance is authorized and empowered to make the following changes to the 2016 budget: INCREASE REVENUE ACCOUNT: a.4010.r Use of Money & Property-Rental: County Bldg. Space $8,000 Signed: Chagnon, Muldowney, Himelein, Nazzaro, Borrello RES. NO Authorize Lease Agreement for Department of Planning & Economic Development at the BWB Center By Public Facilities, Planning & Economic Development, and Audit & Control Committees: WHEREAS, the County of Chautauqua Industrial Development Agency s (CCIDA) Board has recommended for over ten years that the Agency relocate to a higher profile area within the City of Jamestown that portrays an improved business image to potential clients visiting the CCIDA Offices; and WHEREAS, the current CCIDA offices at the Riverside Industrial Center are located along the Chadakoin River in the City of Jamestown in an area that has attracted a concentration 15

23 of medical facility development and is well positioned to serve as a development site for such uses; and WHEREAS, the CCIDA s goal is to no longer participate in the commercial real estate market in Chautauqua County through the ownership and renting of buildings and office space when adequate private sector realtors and commercial property exists for many uses; and WHEREAS, pursuant to Sections 6.00 and 6.01(f) of the Chautauqua County Administrative Code, the Director of the Chautauqua County Department of Planning and Economic Development (CCPED) serves as the chief administrative officer of CCIDA, and CCPED provides staff assistance for CCIDA; and WHEREAS, for many years CCPED has leased office space at the Riverside Industrial Center owned by an affiliate of CCIDA, the Chautauqua Region Economic Development Corporation, with such space jointly occupied by CCIDA; and WHEREAS, the County wishes to maintain the relationship that has been developed between CCPED and the CCIDA by moving CCPED s offices to CCIDA s new office location; and WHEREAS, the monthly rent to be paid by the County shall be the same as in the current lease in the Riverside Industrial Center, and no additional costs will be incurred by the County; therefore be it RESOLVED, That the County Executive is hereby authorized and empowered to terminate the County s current lease with the Chautauqua Region Economic Development Corporation for the facilities at 200 Harrison Street, Jamestown, New York and execute a new lease agreement with CCIDA for office space in the BWB Center, 201 West Third Street, Jamestown, New York on substantially the following terms and conditions: 1. Premises: 1,500 square feet on the first floor of the BWB Center, 201 West Third Street, Jamestown, New York 2. Rent: At $6.58 a square foot, an annual sum not to exceed $9, to be paid monthly at the rate of $ per month beginning in July of Utilities: Landlord to pay utilities. 4. Term: Six month term commencing on July 1, 2016 and terminating December 31, 2016 subject to termination by prior notice. 5. Other: As negotiated by the County Executive. Signed: Hemmer, Wilfong, Scudder, Himelein, Nazzaro, Borrello, Chagnon, Odell, Starks, Niebel, Muldowney RES. NO Authorize Use of 3% Bed Tax Reserve for Roof Repair at the Dunkirk Historical Lighthouse and Veteran s Park Museum By Planning & Economic Development and Audit & Control Committees: At the Request of Legislator Scudder, Borrello, Muldowney, Starks, and Bankoski: 16

24 WHEREAS, the Dunkirk Historical Lighthouse and Veteran s Park Museum ( the Museum ) is an important community asset and tourist destination of historical significance to Chautauqua County; and WHEREAS, the Museum has undertaken an unanticipated repair of the roof on the Coast Guard Museum building due to winter storm damage that threatened the preservation of historical artifacts; and WHEREAS, pursuant to Section 1202-j of the New York State Tax Law and Local Law 2-08 of Chautauqua County, the County is authorized to expend the original 3% occupancy tax to maintain parks, recreational facilities, and tourist attractions, including public museums; and WHEREAS, the Reserve for Occupancy Tax has sufficient funds available to cover the Museum s emergency roof repairs in the amount of $5,270; therefore be it RESOLVED, That the County appropriates $5,270 of the Reserve for Occupancy Tax revenue to be allocated to the Dunkirk Historical Lighthouse and Veteran s Park Museum for unanticipated roof repairs as follows: INCREASE THE USE OF APPROPRIATED FUND BALANCE: A Fund Balance, Reserved Fund Bal Reserve for Occupancy Tax $5,270 and be it further RESOLVED, That the Director of Finance is authorized and directed to make the following changes to the 2016 budget: INCREASE APPROPRIATION ACCOUNT: A.6420.TOUR.4 Contractual Promotion of Industry, Tourism $5,270 Signed: Borrello, Chagnon, Odell, Starks, Niebel, Muldowney, Himelein, Nazzaro RES. NO Authorize Allocation of 3% Occupancy Tax Funding from the 2016 Reserve Account for Chautauqua Lake Waterski Show Attraction By Planning & Economic Development and Audit & Control Committees: WHEREAS, Chautauqua County has established a 3% occupancy tax program for the purposes of promoting, developing, and protecting the area s tourism industry; and WHEREAS, the Bemus Bay Pops has proposed developing the new Chautauqua Lake Circus Themed Waterski Show as an attraction which will promote Chautauqua Lake, the marina industry and local and cultural tourism; and WHEREAS, as of March of 2016, the balance of the 3% Occupancy Tax Reserve Account was $423,296.14; and 17

25 WHEREAS, the Bemus Bay Pops is requesting $ 12,000 of the 3% Occupancy Tax Reserve funding to offset the $41,300 in costs associated with developing this new tourism attraction; therefore be it RESOLVED, That the County Executive is authorized and empowered to enter into a contract with Bemus Bay Pops in the amount of $12,000 of 3% Occupancy funding from the 2016 Reserve Account to offset the costs associated with developing the Chautauqua Lake Circus Themed Waterski Show as a tourism attraction; and be it further RESOLVED, That A Fund Balance is appropriated as follows: INCREASE THE USE OF FUND BALANCE: A Fund Balance, Res Fund Bal Res for Occupancy Tax $12,000 ;and be it further RESOLVED, That the Director of Finance is authorized and directed to make the following change to the 2016 budget: INCREASE APPROPRIATION ACCOUNT: A.6420.TOUR.4 Contractual Promotion of Industry, Tourism $12,000 Signed: Borrello, Chagnon, Odell, Starks, Niebel, Muldowney, Himelein, Nazzaro RES. NO Amend 2015 Budget for Year End Reconciliations Final Adjustments By Audit & Control Committee: At the Request of County Executive W. Horrigan: WHEREAS, some departments have received revenues in excess of budget; and WHEREAS, some expenses have exceeded initial budgetary estimates, as well as some appropriations have a surplus; therefore be it RESOLVED, that the Director of Finance is hereby authorized and directed to make the following changes to the 2015 budget: INCREASE APPROPRIATION ACCOUNTS: A Contractual - Mental Hygiene Law $14,713 A Employee Benefits - Promotion of Industry $7,873 A Contractual - Youth Bureau $5,413 D Contractual - Maintenance of Roads $42,323 EL Personal Services - Environment Landfill $8,325 EL Contractual - Environment Landfill $309,094 ESN Employee Benefits - Administration $575 ESN Employee Benefits - Sanitary Sewers $3,315 18