Legislature was called to order by the Chairman of the Chemung County Legislature at 7:40 p.m. The following members were present when the Clerk called roll:

Pastrick _x_                Manchester _x_          Sweet _x_                   Brennan __

Margeson _x_             Hyland _x_                 Sonsire __                   Woodard _x_

Burin _x_                    Chalk _x_                    Briggs _x_                  McCarthy _x_

Drake _x_                   Smith _x_                    Strange _x_

                                                                    MOTION

By:  Sweet

Seconded by:  Pastrick

            MOVED, that Joseph Brennan and Christina Sonsire be excused from these proceedings

CARRIED. 

MOTION

By:  Strange

Seconded by:  Briggs

            MOVED, that the reading of the minutes of the March 7, 2022 meeting of the Full Legislature be dispensed with, and that they stand accepted as corrected by the Clerk

CARRIED.

MOTION

By:  Chalk

 Seconded by:  Hyland

            MOVED, that the communications numbered 04-01 through 04-10 shall be considered incorporated herein by reference as though fully set forth

CARRIED.

                                                                   MOTION 

By: Burin 

Seconded by:  Smith

       MOVED, that the committee reports of March 28, 2022 and April 1, 2022 be accepted as presented and corrected

CARRIED.

                                                                     MOTION

By:  Burin

 Seconded by:  Drake

            MOVED, that the following Resolutions be considered as one for voting purposes:  22-148 through 22-159, 22-160 through 22-177, 22-178 through 22-180, 22-181 through 22-190, 22-191 through 22-206, 22-207 through 22-214

CARRIED.

                                                   LEGISLATORS’ COMMENTS

Mr. Sweet noted that at a previous meeting of the Full Legislature public comment had been made regarding the $500,000 bond for a 10-wheel dump truck.  Tonight the Legislature will approve the purchase of that truck for $350,000.

Regarding Resolution No.’s 22-211 and 22-212, Mr. Burin stated that he is pleased that they are on the agenda for consideration. He is hopeful that the outcome of these Resolutions will be getting (ARP) stimulus money back into the community.  Chemung County received $8.1 million in June of 2021 and, to date, has spent a minimal amount of those funds.  In two months, the county will be receiving another $8million.  Regarding the wording of these Resolutions, Mr. Burin noted that a sixteen year veteran of the Legislature would have approved somewhere between 6,000 and 8,000 Resolutions directing the County Executive to take action. 

Mr. Strange stated that while he strongly disagrees with the wording on Resolution No.’s 22-211 and 22-212 he will vote in favor of both as he feels it is critically important to get funding to the businesses in the 15^th District that were affected by the Orange Zone closures.  He will oppose Resolution No. 22-213.

Mr. Margeson stated that a number of businesses in District 5 were also affected by the Orange Zone closures.  Some had to close their doors permanently or most had to change their methods of operation.  This has been a massive challenge.  Anything the Legislature can do to help these businesses will be a help.  Mr. Margeson noted that small businesses account for 57% of the businesses in Chemung County.

Mr. Hyland stated that he represents a rural district.  He noted that agriculture is shrinking in the county and very few make their living at it.  Most who farm also have a full-time job and run a hobby farm.  He questioned how applicants for the Agricultural Subsidy Program will be qualified in order to make sure that the people who took the biggest hit will get the help.  He questioned why the NYS Farm Bureau definition of a farm is being used to qualify applicants, noting that the NYS Farm Bureau is not a government agency.  Mr. Maggs stated that the County Executive’s proposal for the Agricultural Subsidy Program identified the NYS Farm Bureau definition of a farm as a criteria for qualifying.

By:  Manchester

Seconded by:  Briggs

            RESOLVED, that the written appointment of the Chairman of the Chemung County Legislature be and the same is hereby received, accepted and placed on file and the following persons are appointed pursuant to Section 2703 of the Chemung County Charter and Article 43 of the Vehicle and Traffic Law to the Chemung County Traffic Safety Board commencing April 11, 2022 and terminating September 1, 2022:

Chief Michael Suhey, Jr., Horseheads Police Department 

and, be it further

            RESOLVED, that the Chemung County Legislature does hereby confirm this appointment by the Chairman of the Legislature to the Chemung County Traffic Safety Board.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

         RESOLVED, that pursuant to amended Resolution No. 81-130, the County property shown on Exhibit “A” attached hereto and made a part hereof be and the same is hereby declared surplus and no longer needed for public use and shall therefore be offered for sale; and, be it further

            RESOLVED, that the conditions as stated in the aforementioned amended Resolution No. 81-130 and the Chemung County Purchasing Policy adopted by Resolution No. 16-352 relative to the sale of surplus property by the Purchasing Department on behalf of the County, and the application of funds, shall be complied with by the Purchasing Director and a report made to the Buildings and Grounds Committee of the results of the sale and application of the funds.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Sweet

Seconded by:  Briggs

            WHEREAS, the Director of Aviation, on behalf of the Elmira Corning Regional Airport, has requested authorization to enter into a ten-year (five-year firm) agreement with the U.S. General Services Administration on behalf of the U.S. Department of Homeland Security, Transportation Security Administration (“TSA”) for the lease of space by the TSA at the Elmira Corning Regional Airport during the period April 1, 2022 and continuing for a period of ten years (five years firm) for an annual rental fee to be paid to the County of Chemung in the amount of $34,406.04 ($2,867.17 monthly); and

            WHEREAS, the County Executive and the Aviation Committee have recommended that the Chemung County Legislature approve this agreement, now, therefore, be it

            RESOLVED,  that the County Executive is hereby authorized and directed to enter into the aforementioned agreement with TSA, the terms and conditions of that agreement to be subject to the approval of the County Attorney; and, be it further

            RESOLVED, that this agreement shall not be renewed, the initial term thereof extended or amended, without the express consent by Resolution of this Legislature.   

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Sweet

Seconded by:  Briggs

            WHEREAS, pursuant to RFB-2345 and Resolution No. 21-518 the Chemung County Legislature authorized an agreement with Seneca Mineral Company (“SMC”) on behalf of the Elmira Corning Regional Airport for Alpine RF-11 FAA Compliant 50% Potassium Acetate liquid runway deicing fluid at a price of $5.39 per gallon; and

            WHEREAS, the Director of Aviation (the “Director”) has informed the County Executive and this Legislature that the market cost of Alpine RF-11 FAA Compliant 50% Potassium Acetate liquid runway deicing fluid has increased by $0.26 per gallon; and

            WHEREAS, the Director has requested that the agreement with SMC be amended to increase the per gallon cost of Alpine RF-11 FAA Compliant 50% Potassium Acetate liquid runway deicing fluid to $5.65 which would not change SMC’s status as low bidder for this material; and

            WHEREAS, the County Executive and the Aviation Committee have recommended that the Chemung County Legislature approve this request; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to execute an amended agreement with SMC, increasing the per gallon cost of Alpine RF-11 FAA Compliant 50% Potassium Acetate liquid runway deicing fluid to $5.69 per gallon; and, be it further

            RESOLVED, that the amended agreement shall be subject to the approval of the County Attorney; and, be it further

            RESOLVED, that the agreement with SMC shall not be renewed, the initial term thereof extended or amended, without the express consent by Resolution of this Legislature.  

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

            WHEREAS, the Superintendent of the Chemung County Department of Buildings and Grounds has requested authorization to enter into an agreement with Fire Alarm Service Technology, Inc. (“FAST”) for the provision by FAST of Fire Alarm Monitoring and Inspection Services for the Wings of Eagles facility at a cost of $2,265 during the period March 8, 2022 through December 31, 2022; and

            WHEREAS, the County Executive and the Buildings and Grounds Committee have recommended that the Chemung County Legislature approve this request; now, therefore, be it

            RESOLVED,  that the County Executive is hereby authorized and directed to enter into an agreement with FAST, the terms and conditions of that agreement to be subject to the approval of the County Attorney, for the period March 8, 2002 through December 31, 2022 at a cost of $2,265 and, be it further

            RESOLVED, that this agreement shall not be renewed, the initial term thereof extended or amended, without the express consent by Resolution of this Legislature.  

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

         WHEREAS, the Chemung County Sheriff has requested authorization to enter into an agreement with Daniel M. O’Connell, DDS for the provision of inmate dental services which services will be billed to the County of Chemung at the New York State Medicaid Dental Fee Schedule rate at an estimated total annual cost of $15,000 during the period January 1, 2022 through December 31, 2022; and

         WHEREAS, the County Executive and the Corrections and Law Enforcement Committee have recommended that the Chemung County Legislature approve the Sheriff’s request; now, therefore, be it

         RESOLVED, that the County Executive is hereby authorized and directed to execute an agreement with Daniel M. O’Connell, DDS, subject to the review and approval of the County Attorney, for the provision of inmate dental services which services will be billed to the County of Chemung at the New York State Medicaid Dental Fee Schedule rate at an estimated total annual cost of $15,000 during the period January 1, 2022 through December 31, 2022; and, be it further

         RESOLVED, that this agreement shall not be renewed, the initial term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

         WHEREAS, the Chemung County Sewer Districts (collectively the “Districts”) have requested authorization to enter into a three-year Memorandum of Understanding (“MOU”) with the Elmira Water Board (“EWB”) for the provision by the EWB of water consumption data for approximately 16,000 District customers at the rate of $1.10 per record during calendar year 2022, $1.20 per record for 2023, and $1.22 per record for 2024; and     

         WHEREAS,  the Districts have requested that the MOU renew automatically each year thereafter, subject to a 2% annual increase each year; and        

         WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve the MOU; now, therefore, be it 

         RESOLVED, the County Executive be and hereby is authorized and directed to enter into a three-year MOU with the EWB for water consumption data as outlined in the Preamble to this Resolution; and, be it further 

         RESOLVED, that at the conclusion of the three-year term the MOU shall automatically renew annually subject to a 2% annual increase each year; and, be it further

         RESOLVED, that the terms and conditions of this agreement shall be subject to the review and approval of the County Attorney; and, be it further 

         RESOLVED, that the agreement shall not be renewed, the initial term thereof extended, or the agreement cancelled or amended without express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

         WHEREAS, the Chemung County Sewer Districts have requested authorization to enter into an agreement with Napoli Shkolnik, PPLC to join the Rural Water Cost Recovery Program on behalf of the Chemung County Sewer Districts (“CCSD’) to recover eligible costs associated with current and future expenses that may be incurred by the CCSD from Perflourooctanoic Acid and Perfluourooctane Sulfonate (“PFAS”) testing, treatment and remediation; and

         WHEREAS, there is no cost to register for this program and Napoli Shkolnik, PPLC would receive 30% of any sum recovered; and

         WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve the request of the CCSD; now, therefore, be it

         RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Napoli Shkolnik, PLLC to join the Rural Water Cost Recovery Program on behalf of the Chemung County Sewer Districts (“CCSD’) to recover eligible costs associated with current and future expenses that may be incurred by the CCSD from PFAS testing, treatment and remediation at no cost to the County of Chemung and 30% of cost recovery to be paid to Napoli Shkolnik, PLLC; and, be it further

         RESOLVED, that the agreement is subject to the review and approval of the County Attorney; and, be it further

         RESOLVED, that the agreement shall not be renewed, the initial term thereof extended, or the agreement amended without express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

          WHEREAS, the Chemung County Sewer District No. 1 has requested authorization to enter into a Vendor Agreement with the New York State Office of Temporary and Disability Assistance (“OTDA”) Low Income Household Water Assistance Program (“LIHWAP”) to assist low income households, particularly those with the lowest incomes, that pay a high portions of household income for drinking water and wastewater services during the period December 1, 2021 through September 30, 2023; and

          WHEREAS, benefits will be issued directly to the Chemung County Sewer District No. 1 to restore or prevent loss of wastewater services; and

          WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve this request; now, therefore, be it

          RESOLVED, that the County Executive is hereby authorized and directed to enter into a Vendor Agreement with OTDA, subject to the review and approval of the County Attorney,  for the LIHWAP during the period December 1, 2021 through September 30, 2023; and, be it further

         RESOLVED, that the agreement shall not be renewed, the initial term thereof extended, or the agreement amended without express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

            WHEREAS,  the County Executive has recommended that Chemung County enter into a Memorandum of Agreement (“MOA”) with the City of Elmira for Animal Handler and Specimen Services during the period January 1, 2022 through December 31, 2022 at a cost not to exceed $5,000; and

            WHEREAS, the Multi-Services Committee has recommended that the Chemung County Legislature authorize the recommended MOA; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to execute an MOA with the City of Elmira for Animal Handler and Specimen Services during 2022 at a cost not to exceed $5,000; and, be it further

            RESOLVED, that the MOA is subject to the review and approval of the County Attorney; and, be if further

            RESOLVED, that the MOA with the City of Elmira shall not be renewed, the initial term thereof extended, or the agreement amended or cancelled, without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-031 the Chemung County Legislature authorized an agreement with the New York Census and Redistricting Institute for the provision of professional services pertaining to Legislative Redistricting as required by Chemung County Charter Section 201 (6) following the Decennial Census in an amount not to exceed $48,000 during the period January 1, 2022 through December 31, 2022; and

            WHEREAS, the correct name for the vendor is The Research Foundation for the State University of New York; and

            WHEREAS, the Budget Committee has recommended that the Chemung County Legislature amend Resolution No. 22-031 to correctly identify the vendor providing the services; now, therefore, be it

            RESOLVED, that Resolution 22-031 is hereby amended to authorize an agreement with the Research Foundation for the State University of New York for the provision of professional services pertaining to Legislative Redistricting as required by Chemung County Charter Section 201 (6) following the Decennial Census in an amount not to exceed $48,000 during the period January 1, 2022 through December 31, 2022.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

           WHEREAS, the County Executive and the Budget Committee have recommended that the Chemung County Legislature approve certain applications for Community Development Projects which are eligible to receive Community Development Funds during 2022;   now, therefore, be it

           RESOLVED, that the Chemung County Legislature does hereby approve certain applications for Community Development Projects and authorizes the Chemung County Treasurer to disburse Community Development Funds pursuant to The Community Development Fund Disbursement Policy, adopted by Resolution 19-583, as follows:

Municipality/Leg. District                              Project                                        Amount

City of Elmira/District 9              Vietnam Memorial Moving Wall                    $3,000  

Town of Van Etten/District 6       Dog Shed Improvements                             $2,390

Town of Horseheads/District 8   Holding Point Field upgrades                       $6,500

City of Elmira/District 13            Brand Park Beautification Project                 $1,500

City of Elmira/District 10            Vietnam Memorial Moving Wall                    $4,000  

and, be it further

            RESOLVED, that each of the recipients of the Community Development Funds authorized by this Resolution shall utilize those monies for the Project as submitted with the approved application.

  Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

             WHEREAS, the County Executive has requested this Legislature authorize agreements between the County of Chemung and various not-for-profit organizations authorizing payment of 2022 Chemung County budget appropriations by the County to the organizations for services to be performed for the County of Chemung by these various not-for-profit organizations; and

       WHEREAS, the Budget Committee has recommended that the Chemung County Legislature approve these agreements; now, therefore, be it

           RESOLVED, that the County Executive is hereby authorized and directed to execute on behalf of the County of Chemung agreements with the not-for-profit organizations as contained within the adopted 2022 Chemung County Budget for services to be rendered by those organizations to the County of Chemung and to pay to those organizations pursuant to the terms and conditions of the agreements and upon the receipt of invoices the amounts set forth in the 2022 Chemung County Budget as follows:

Chemung County Historical Society                                                  $5,000

Southern Tier Central Regional Planning Board                                $85,600

Chemung County Soil & Water Conservation                                    $225,000

Chemung County Stormwater Coalition                                             $167,400

Cornell Cooperative Extension of Chemung County                          $247,940

Chemung County SPCA                                                                     $24,961

City of Elmira (Animal Control Services)                                            $25,000

CCIDA                                                                                                $200,000

REDEC                                                                                               $10,000

CareFirst                                                                                             $3,500   

and, be it further

        RESOLVED, that the agreements shall be in such form and contain such terms and conditions as approved by the County Attorney; and, be it further

           RESOLVED, that the agreements shall not be renewed, the terms thereof extended, or the agreements amended without the express consent by Resolution by this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Sweet

Seconded by:  Briggs

           WHEREAS, the Director of Aviation has requested authorization to enter into various agreements for advertising during 2022 utilizing Small Community Air Service Development Program (“SCASDP”) grant funding as follows:

 
Spectrum, $25,000
TCAT, $3,750.00
WENY, $21,750.00
WETM, $16,340.00 

WYDC, $29,135

and

            WHEREAS, the County Executive and the Aviation Committee have recommended that the Chemung County Legislature authorize these agreements; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned agreements with, Spectrum, TCAT, WENY, WETM, and WYDC for advertising services as more particularly defined in the Preamble to this Resolution during 2022, the terms and conditions of those agreements to be subject to the review and approval of the County Attorney; and, be it further

            RESOLVED, that these agreements shall not be renewed, the initial terms thereof extended, or the agreements amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Sweet

Seconded by:  Briggs

    WHEREAS, the County of Chemung solicited proposals pursuant to RFP-2373, as required by Federal Aviation Administration (“FAA”) procurement procedures, qualification statements from engineering firms relative to a new five-year agreement for various improvement program projects at the Elmira Corning Regional Airport (the “Engineering Services”); and

    WHEREAS, the qualification statements were received and reviewed by a Review Committee which recommended a one-year agreement with four one-year automatic renewals with the firm of McFarland Johnson, Inc. (“MJ”) for the Engineering Services beginning July 10, 2022 and ending July 9, 2027; and

        WHEREAS, the Director of Aviation has requested authorization to enter into a one-year agreement with four one-year automatic renewals with MJ for the provision of the Engineering Services; and

       WHEREAS, the County Executive and the Aviation Committee have recommended that the Chemung County Legislature approved this agreement; now, therefore, be it

       RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned agreement with MJ, the terms and conditions of which shall be subject to the approval of the County Attorney; and, be it further

        RESOLVED, that MJ shall submit to the Chemung County Legislature for its approval a separate Task Order outlining the scope of MJ’s work and fees incurred in connection with each project undertaken at the Elmira Corning Regional Airport and for which MJ provides Engineering Services pursuant to this agreement; and, be it further

        RESOLVED, that this agreement shall not be renewed, the initial term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

           WHEREAS, pursuant to Resolution No. 21-475, the County of Chemung entered into an agreement with AFT Mechanical, Inc. (“AFT”) accepting the bid submitted by AFT in response to RFB-2325 relative to CCNF Laundry AHU-5 Replacement and Upgrades Project  (the “Project”) in the amount of $176,462; and

           WHEREAS, the Superintendent of the Chemung County Department of Buildings and Grounds has requested an amendment to that original agreement in the amount of $1,795.55 for certain changes to the scope of services as defined on a Change Order executed on February 9, 2022  by LaBella Associates, the Project’s engineer; and

       WHEREAS, the County Executive and the Buildings and Grounds Committee have recommended that the Chemung County Legislature approve this Change Order; now, therefore, be it

         RESOLVED, that the County Executive is hereby authorized and directed to enter into an amended agreement with AFT for the Project for Change Order #1 at a cost not to exceed $1,795.55 for a new total cost of the Project not to exceed $178,257.55 ($89,128.78 Federal share, $71,303.02 State share, $17,825.75 local share); and, be it further

         RESOLVED, that the terms and condition of the amended agreement with AFT for the Project shall be subject to the review and approval of the County Attorney;  and, be it further

         RESOLVED, that this agreement shall not be renewed, the initial term thereof extended or the agreement further amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:   Briggs

    WHEREAS, the Chemung County Sheriff has requested authorization to enter into agreements for transport services during 2022; and

       WHEREAS, the County Executive and the Corrections and Law Enforcement Committee have recommended the Chemung County Legislature approve these agreements; now, therefore, be it

     RESOLVED, that the County Executive is hereby authorized and directed to enter into agreements with the following individuals for transport services during 2022 as follows, the terms and conditions of those agreements to be subject to the review and approval of the County Attorney:

Michael F. Cornachio                          Transport                     $19.00 per hour

Gina M. Zito                                        Transport                     $19.00 per hour

Donald Reynolds                                Transport                      $19.00 per hour

Roseann Wilkins                                 Transport                     $19.00 per hour

Charles L. Swanson                            Transport                     $19.00 per hour

and, be it further

   RESOLVED, that none of the agreements shall be renewed, the initial terms thereof extended, or any of the agreements amended without the express consent by Resolution of this Legislature.

By:  Manchester

Seconded by:  Briggs

            WHEREAS, the Chemung County Director of Probation has requested authorization to apply for and to accept funding from the New York State Division of Criminal Justice Services, Office of Probation and Correctional Alternatives (“NYS”) in the amount of $23,192 to fund in part the Alternatives to Incarceration Program (Project for Bail) which has a total program cost during the period July 2, 2022 through June 30, 2023 of $98,192 ($75,000 Federal share, $23,192 State share); and

            WHEREAS, the County Executive and the Corrections and Law Enforcement Committee have recommended that the Chemung County Legislature approve such request; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to make application for the aforementioned funding from NYS in the amount of $23,192 as part of the overall funding during the period July 2, 2022 through June 30, 2023 for the Alternatives to Incarceration Program (Project for Bail); and, be it further

            RESOLVED, that the County Executive is hereby authorized and directed to sign such necessary documents as may be required relative to said application in accordance with the statutes and laws applicable thereto, which application and documents shall be in such form and contain such terms and conditions as approved by the County Attorney; and, be it further

            RESOLVED, that upon receipt of said grant, the County Executive, in his discretion, is hereby authorized and directed to accept the same within budgetary appropriations for the local share; and, be it further

            RESOLVED, that the terms and conditions of the grant agreement shall be subject to the review and approval of the County Attorney; and, be it further

            RESOLVED, that the Alternatives to Incarceration Program (Project for Bail) is contingent upon the receipt of the Federal and State funding identified in the Preamble to this Resolution, and if the County of Chemung does not receive either the Federal or State funding in the amounts set forth in the Preamble to this Resolution the Alternatives to Incarceration Programs (Project for Bail) and all benefits and services provided by those programs, including personnel, shall terminate without further action by this Legislature;  and, be it further

           RESOLVED, that this agreement shall not be renewed, the initial term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Brennan

Seconded by:  Briggs

           WHEREAS,  the Commissioner of Human Services, on behalf of the Chemung County Department of Social Service (“DSS”) has requested authorization to enter into a Memorandum of Understanding (“MOU”) with the Chemung County Department of Youth and Recreational Services (the “Department”) to work in collaboration in the development, oversight, monitoring, and technical assistance required in administering the Summer Youth Employment Program, Learn and Earn Program, Safe Harbour, various Out of School Time programs (SPOT/Safe Zone Expansion  Super Saturday, Summer Cohesion), the Juvenile Assigned Work Service Program, and monitoring the Southside Community Center Program during the period January 1, 2022 through December 31, 2022 at a total cost of $1,306,234 ($395,410 Federal share, $565,015 State share, $345,809 local share); and

           WHEREAS, the County Executive and the Health and Human Services Committee have recommended that the Chemung County Legislature approve this request; now, therefore, be it

           RESOLVED, that the County Executive is hereby authorized and directed to enter into a MOU as described in the Preamble to this Resolution between the Department and DSS, the terms and conditions of the MOU to be subject to the review and approval of the County Attorney, for the period January 1, 2022 through December 31, 2022 at a cost to DSS of $1,306,234 ($395,410 Federal share, $565,015 State share, $345,809 local share); and, be it further

           RESOLVED, that this MOU between the Department and DSS is subject to an conditioned upon the receipt by the County of Chemung of the Federal and State monies in the amounts referred to in the Preamble to this Resolution and in the event the County of Chemung does not receive the Federal or State monies more particularly described in the Preamble to this Resolution, the MOU with the Department shall be of no force and effect and shall terminate without further action by this Legislature; and, be it further

           RESOLVED, that this MOU shall not be renewed, the initial term thereof extended or the MOU amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Brennan

Seconded by: Briggs

            WHEREAS,  the Chemung County Director of Public Health has requested authorization to enter into an agreement with the Horseheads Central School District (“HHCSD”) for the provision by HHCSD of pooled COVID-19 testing services for the entire HHCSD during the period October 1, 2021 through December 31, 2022 at a cost of $75,000 (100% State share); and

            WHEREAS, the HHCSD shall furnish such qualified personnel as to meet the requirements specified in the NYS Hospital Code and/or other directives of the NYS Department of Health; and

            WHEREAS, the County Executive and the Health and Human Services Committee have recommended that the Chemung County Legislature approve the Director’s request; now, therefore, be it

            RESOLVED,  that the County Executive is hereby authorized and directed to enter into an agreement with the HHCSD for the provision of pooled COVID-19 testing services for the entire HHCSD during the period October 1, 2021 through December 31, 2022 at a cost of $75,000 (100% State share); and, be it further

            RESOLVED, that the agreement shall be subject to the review and approval of the County Attorney; and, be it further

            RESOLVED, that the agreement shall not be be renewed, the initial term thereof extended or the MOU amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Brennan

Seconded by:  Briggs

            WHEREAS,  the Chemung County Director of Public Health has requested authorization to enter into an agreement with GST BOCES (“BOCES”) for the provision by BOCES of pooled COVID-19 testing services for schools in Chemung County during the period October 1, 2021 through December 31, 2022 at a cost of $200,003 (100% State share); and

            WHEREAS, BOCES shall furnish such qualified personnel as to meet the requirements specified in the NYS Hospital Code and/or other directives of the NYS Department of Health; and

            WHEREAS, the County Executive and the Health and Human Services Committee have recommended that the Chemung County Legislature approve the Director’s request; now, therefore, be it

            RESOLVED,  that the County Executive is hereby authorized and directed to enter into an agreement with BOCES for the provision of pooled COVID-19 testing services for schools in Chemung County during the period October 1, 2021 through December 31, 2022 at a cost of $200,003 (100% State share); and, be it further

            RESOLVED, that the agreement shall be subject to the review and approval of the County Attorney; and, be it further

            RESOLVED, that the agreement shall not be renewed, the initial term thereof extended or the MOU amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Brennan

Seconded by:  Briggs

         WHEREAS, the Chemung County Commissioner of Human Services has requested a lease agreement with the Elmira City School District (“ECSD”) for the lease of space at Ernie Davis Academy during the period January 1, 2022 through December 31, 2022 by the Department of Mental Hygiene for its Children’s Integrated Services Division at a cost not to exceed $54,000 ($33,480 State share, $20,520 local share [reimbursed by ECSD]); and

         WHEREAS, the County Executive and the Health and Human Services Committee have recommended that the Chemung County Legislature approve this agreement; now, therefore, be it 

          RESOLVED, that the County Executive is hereby authorized and directed to execute a lease agreement with the ECSD for the lease of space at Ernie Davis Academy at a cost not to exceed $54,000 ($33,480 State share, $20,520 local share [reimbursed by ECSD]) during the period January 1, 2022 through December 31, 2022, the terms and conditions of that lease agreement to be subject to the review and approval of the County Attorney; and, be it further

         RESOLVED, that upon the termination of the State funding in the amount set forth in the Preamble to this Resolution the lease agreement between the County of Chemung and the ECSD shall terminate without further action by this Legislature; and, be it

         RESOLVED, that this lease agreement shall not be renewed, the initial term thereof extended, or the agreement further amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Strange

Seconded by:  Briggs

      WHEREAS, pursuant to Resolution No. 19-649, the County of Chemung entered into an agreement with Labella Associates (“Labella”) for its professional engineering services relative to the PIN 6755.29 – Rehabilitation of CR69 - Pennsylvania Avenue Bridge over Bird Creek (the “Project”) at a cost for those engineering services not to exceed $700,000 (95% Federal share, 5% local share);  and

   WHEREAS, pursuant to Resolution No. 21-471, the Chemung County Legislature authorized the County Executive to execute Supplemental Agreement No. 1 with Labella for the Project at a cost of $184,700 for a new total cost of $884,700 (95% Federal share, 5% local share); and

     WHEREAS, the Commissioner of Public Works has requested Supplemental Agreement No. 2 with Labella to provide certain professional service construction inspection services associated with the Project at an additional cost of $282,000 for a new total cost of the Project of $1,166,700 (95% Federal share, 5% local share); and

   WHEREAS,  the professional services to be provided hereunder qualify under the Chemung County Purchasing Policy “uniqueness” exception to the requirement of FRQ’s or RFP’s given LaBellla’s first-hand engineering experience with the Project; and

     WHEREAS, the County Executive and the Highway Committee have recommended the Legislature approve the Supplemental Agreement; now, therefore, be it

     RESOLVED, that the County Executive is hereby authorized and directed to enter into a Supplemental Agreement No. 2 with Labella for additional construction support and construction inspection services relative to the Project (PIN 6755.28) at a cost not to exceed $282,000 for a new total cost of the Project of $1,166,700 (95% Federal share, 5% local share); and, be it further;

   RESOLVED, that this agreement shall be in such form and contain such terms and conditions as approved by the County Attorney; and, be it further

      RESOLVED, that the Supplemental Agreement with Labella is contingent upon the receipt by the County of Chemung of the Federal funding identified in the Preamble to this Resolution and in the event the County does not receive all of that Federal funding the supplemental agreement with Labella authorized by this Resolution shall become null and void and of no further force and effect without further action by this Legislature; and, be it further

      RESOLVED, that this Supplemental Agreement shall not be renewed, or amended, or the initial term thereof extended without the express consent by Resolution of the Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Strange

Seconded by:  Briggs

            WHEREAS, the Commissioner of the Chemung County Department of Public Works (the “Commissioner”) has requested that various materials and services agreements be renewed for one year, extending the term of the agreement through May 31, 2023, at an estimated cost of $1,330,000, under the same terms and conditions and at the same bid discounts as approved pursuant to Resolution No. 21-331; and

            WHEREAS, the County Executive and the Highway Committee have recommended that the Chemung County Legislature approve the Commissioners request; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to extend the following 2021 bid renewals for one additional year, for a term ending May 31, 2023 at a total estimated cost of $1,330,000:

RFB-2233 OEM Parts – Bobcat, Beam Mack

RFB-2269 Vendor Place Pavement – Dalrymple, Elmira Roads

RFB-2270 Fuel Equipment and Services – Beavers Petroleum

RFB-2274 Topsoil – McDonald Contracting

RFB-2276 Coarse Aggregates (Stone) – TMT Gravel

RFB-2276 Coarse Aggregates (Gravel) – Elmira Road Materials, Dalrymple (FOB)

RFB-2278 Cold Mix Pavements (Central) – Vestal Asphalt

RFB-2279 Culvert Construction – Wenzel Landscaping

RFB-2280 Incidental Construction – Wenzel Landscaping

RFB-2281 Infrastructure Construction – Wenzel Landscaping

RFB-2282 Micro Surfacing – Vestal Asphalt

RFB-2284 Pavement Reclamation – Vestal Asphalt

RFB-2285 Quick Set Slurry – Vestal Asphalt

RFB-2287 Liquid Bituminous Materials (FOB) – Vestal Asphalt

RFB-2287 Liquid Bituminous Materials (On-Site) – Vestal Asphalt

RFB-2077R Medium/Heavy Duty Truck Parts – Point Spring & Drive Shaft

and, be it further

            RESOLVED, that the terms and conditions of the agreements between the County of Chemung  shall be subject to the review and approval of the County Attorney; and, be it further

            RESOLVED, that the agreements shall not be renewed, the initial terms thereof extended, or the agreements amended without express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Strange

Seconded by:  Briggs

Authorizing the implementation and funding of the costs of 100% of the costs of a transportation project, which may be eligible for federal-aid and/or state-aid, or reimbursement from Bridge NY funds.

      WHEREAS, a project for the Bridge NY (2) Bridge Rehab (BIN 3331480) CR 69 - Pennsylvania Avenue - over Seeley Creek, Town of Southport, Chemung County, P.I.N. 6755.28 (the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 95% Federal funds and 5% non-federal funds; and     

         WHEREAS, the County of Chemung will design, let and construct the Project: and

      WHEREAS, the County of Chemung desires to advance the Project by making a commitment of 100% of the costs of the work for the Project or portions thereof.

       NOW, THEREFORE, the Chemung County Legislative Board, duly convened does hereby

          RESOLVE, that the Chemung County Legislative Board hereby approves the above-subject Project; and it is hereby further

          RESOLVED, that the Chemung County Legislative Board hereby authorizes the County of Chemung to pay 100% of the cost of Design and Construction/Construction Inspection work for the Project or portions thereof, with the understanding that qualified costs may be eligible for federal-aid, state-aid, or reimbursement from Bridge NY funds; and it is further

          RESOLVED, that the sum of $3,213,300 is hereby appropriated from the Highway Fund and made available to cover the cost of participation in the above phase(s) of the Project; and it is further

     RESOLVED, that the Chemung County Legislative Board hereby agrees that the County of Chemung shall be responsible for all costs of the Project which exceed the amount of federal-aid, state-aid, or NY Bridge funding awarded to the County of Chemung; and it is further

        RESOLVED, that in the event the Project costs not covered by federal-aid, state-aid, or NY Bridge funding exceed the amount appropriated above, the County of Chemung shall convene 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 County of Chemung hereby agrees that construction of the Project shall begin no later than twenty-four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and it is further

        RESOLVED, that the Chemung County Executive be and is hereby authorized and directed to execute on behalf of the County of Chemung all necessary agreements, certifications or reimbursement requests for federal-aid and/or state-aid 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 County of Chemung 's funding of Project costs and permanent funding of the local share of federal-aid and state-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, this Resolution shall take effect immediately.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Strange

Seconded by:  Briggs

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

     WHEREAS, the Chemung County Sewer Districts (the “Districts”) have requested an agreement with Fagan Engineers and Land Surveyors, PC (“FE”) for general engineering review services to the Districts during 2022 at cost not to exceed $20,000 to provide the following services, including, but not limited to: Sanitary Sewer System Design, Sanitary Sewer System Studies, Design and CAD Drawing Services, Inspection/Testing Services and Grant Application Services, and documentation throughout the Districts;  and

     WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve the agreement; now, therefore, be it

    RESOLVED, that the County Executive is hereby authorized and directed to execute an agreement with FE beginning January 1, 2022 and ending December 31, 2022 for the provision by FE of general engineering services for the Districts as more particularly described in the Preamble to this Resolution for an amount not to exceed $20,000;  and, be it further

     RESOLVED, that the terms and conditions of the agreement shall be subject to the review and approval of the Attorney for the District; and, be it further

     RESOLVED, that the agreement shall not be renewed, the initial term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

            WHEREAS, the Commissioner of the Chemung County Planning Department has requested authorization to apply for and accept Local Waterfront Revitalization Program (“LWRP”) grant funding from the New York State Department of State (“NYSDoS”) for the improvement of the Chemung River waterfront located in the City of Elmira in the amount of $100,000 ($85,000 State share, $15,000 local share); and

            WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve the Commissioner’s request; now, therefore, be it

            RESOLVED, that the County Executive, on behalf of the Chemung County Planning Department , is hereby authorized and directed to make application for the aforementioned funding from the NYSDoS in the amount of $100,000 ($85,000 State share, $15,000 local share); and, be it further

            RESOLVED, that the County Executive is hereby authorized and directed to sign such necessary documents as may be required relative to said application in accordance with the statutes and laws applicable thereto, which application and documents shall be in such form and contain such terms and conditions as approved by the County Attorney; and, be it further

           RESOLVED, that upon receipt of said grant, the County Executive, in his discretion, is hereby authorized and directed to accept the same within budgetary appropriations for the local share; and, be it further

           RESOLVED, that the terms and conditions of the grant agreement shall be subject to the review and approval of the County Attorney; and, be it further

           RESOLVED, that upon termination of the State funding, all benefits and services provided through the grant funding, including personnel, shall terminate without further action by this Legislature; and, be it further

           RESOLVED, that this agreement shall not be renewed, the initial term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

            WHEREAS, the Commissioner of the Chemung County Planning Department has requested authorization to apply for and accept grant funding from the New York State Department of Agriculture & Markets (“NYSDAM”) to update the existing Chemung County Agricultural And Farmland Protection Plan in the amount of $60,000 ($50,000 State share, $10,000 local share); and

            WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve the Commissioner’s request; now, therefore, be it

            RESOLVED, that the County Executive, on behalf of the Chemung County Planning Department , is hereby authorized and directed to make application for the aforementioned funding from the NYSDAM in the amount of $60,000 ($50,000 State share, $10,000 local share); and, be it further

            RESOLVED, that the County Executive is hereby authorized and directed to sign such necessary documents as may be required relative to said application in accordance with the statutes and laws applicable thereto, which application and documents shall be in such form and contain such terms and conditions as approved by the County Attorney; and, be it further

           RESOLVED, that upon receipt of said grant, the County Executive, in his discretion, is hereby authorized and directed to accept the same within budgetary appropriations for the local share; and, be it further

           RESOLVED, that the terms and conditions of the grant agreement shall be subject to the review and approval of the County Attorney; and, be it further

           RESOLVED, that upon termination of the State funding, all benefits and services provided through the grant funding, including personnel, shall terminate without further action by this Legislature; and, be it further

           RESOLVED, that this agreement shall not be renewed, the initial term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

           WHEREAS, the Chemung County Sewer Districts (the “Districts”) have requested authorization to accept Water Quality Improvement Project grant funding from the New York State Department of Environmental Conservation (“NYSDEC”) in an amount up to $10,000,000 (100% State share) to be for the Waste Water Treatment Plant Project (“the Project”); and

           WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve the Director’s request; now, therefore, be it

           RESOLVED, that the County Executive, on behalf of the Chemung County Department of the Districts, is hereby authorized and directed to accept grant funding from the NYSDEC in an amount up to $10,000,000 (100% State share); and, be it further

           RESOLVED, that the terms and conditions of the grant agreement shall be subject to the review and approval of the County Attorney; and, be it further

           RESOLVED, that upon termination of the State funding, all benefits and services, including personnel, shall terminate without further action by this Legislature; and, be it further

           RESOLVED, that this agreement shall not be renewed, the initial term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

                RESOLVED, that the County Treasurer is hereby authorized and directed to transfer the following designated amounts, and to create the following revenue and appropriation accounts with the following amount, to wit:

2021 Transfers:

$33.00 from 26 8850 50433 Legal and Accounting

            To 26 8850 50402 Telephone             $ 9.00

            To 26 8850 50402 505 Network        $24.00

$3,694.00 from 24 8160 8110 50462 Household Hazardous Waste

            To 24 8160 8110 50408 Contracts                 $1,143.00

            To 24 8160 8110 50413 41 Utilities Gas        $   773.00

            To 24 8160 8110 50413 42 Utilities Electric  $1,394.00

            To 24 8160 8110 50417 Uniforms                 $     21.00

            To 24 8160 9710 50700 Bond Interest           $     13.00

$227,520.00 from 10 6010 0200 504453 2007 Rec.Exp./Inst. Out County

$  56,124.00 from 10 6010 0200 50408 CFS Contracts

$  45,060.00 from 10 6010 2000 50508 01 Admin IT Software Maint.

            To 10 6010 0200 50443 2003 Rec.Exp./Glove HS Group     $134,398.00

            To 10 6010 0200 50443 2010 Rec.Exp/Handicapped           $  93.122.00

            To 10 6010 2000 50408 Admin. Contracts                            $  56,124.00

            To 10 6010 2000 50507 Admin. Software Licenses              $  45,060.00

$179.00 from 10 1990 1990 50408 Contingency

            To 10 1430 Contracts

$496,880.00 from 50 6017 8460 50802 Nursing Facility Retirement

            To 50 6017 9523 50900 Transfer to General Fund

$1,000.00 from 20 5010 5010 50404 Travel Employee

$2,400.00 from 20 5010 5010 50420 Rent Lease

$1,262.00 from 20 5010 5020 50404 Travel Employee

            To 20 5010 5110 50446 Intra Fund Transfer Account

$3,900 from 21 5130 0 50418 Gasoline, Fuel & Oil

$6,599 from 21 5130 0 50406.33 Maintenance/Equipment

            To 21 5130 0 50417 Uniform, Clothing, Shoes                     $1,187.00

            To 21 5130 0 50419 Insurance, Liability                                $6,736.00

            To 21 5130 0 50427 Laundry, Dry Cleaning                         $1,886.00

            To 21 5130 0 5130 Medical/Physicals                                    $1,886.00

$126,705.00 from 10 1990 1990 50408 Contingency

            To 10 4010 4013 50403 Supplies                               $       437.00

            To 10 4010 4013 50408 Contracts                             $    3,980.00

            To 10 4010 4013 50438 Autopsies                             $104,016.00

            To 10 4010 4013 50439 Ambulance Services            $  18,272.00

2021 Appropriations:

Inc. Rev. Acct. 10 0000 0000 42814 Transfer from Nursing Facility            $496,880.00

Inc. App. Acct. 10 1165 50802 District Attorney                                          $  12,096.00

Inc. App. Acct. 10 4010 4010 50802 Retirement – Public Health                 $  50,519.00

Inc. App. Acct. 10 3120 3110 50802 Retirement – Sheriff                           $222,057.00

Inc. App. Acct. 10 3120 3150 50802 Retirement – Jail                                 $155,984.00

Inc. App. Acct. 10 3140 3140 50802 Retirement – Probation                       $  56,224.00

Inc. Rev. Acct. 21 0 0 42822 Rentals of Equipment              $4,662.00

Inc. Exp. Acct. 21 5130 0 50419        Insurance, Liability     $4,662.00

Inc. Rev. Acct. 10 4010 4010 44000 FA Federal Grants       $176,138.00

Inc. App. Acct. 10 4010 4010 50100 Payroll Regular           $145,618.00

Inc. App. Acct. 10 4010 4010 50100 02 Payroll OT              $  30,520.00

2022 Transfers:

$652.00 from 10 1620 0 50406 34 Maintenance/Building    

            To 10 7110 7110 50202 Equipment over $999.99

$42,488 from 10 1990 1990 50408 Contingency

            To 10 3120 3110 50202 Equipment

$105,000 from 10 1990 1990 50408 Contingency

            To 10 1680 1680 50419 Insurance/Liability

2022 Appropriations:

Inc. Rev. Acct. 10 3120 3110 42680 Insurance Reimbursement       $1,270.00

Inc. App. Acct. 10 3120 3110 50202 Equipment                               $1,270.00

Inc. Rev. Acct. 10 1170 1172 43000 SA State Grants                       $129,000.00

Inc. App. Acct. 10 1170 1172 50100.01 Payroll                                $  85,000.00

Inc. App. Acct. 10 1170 1172 50801 FICA                                       $    6,885.00

Inc. App. Acct. 10 1170 1172 50802 NYS Pension                           $  11,900.00

Inc. App. Acct. 10 1170 1172 50803 Medical/Dental                        $  25,215.00

Inc. Rev. Acct. 10 1345 1346 42770 Unclassified Revenue                          $6,000.00

Inc. App. Acct. 10 1345 1346 50407 200 Postage/Outside Agencies            $6,000.00

Inc. Rev. Acct. 10 1345 1346 44000 Federal Grants –FEMA           $58,789.00

Inc. App. Acct. 10 1345 1346 50403 Supplies                                   $58,789.00

Inc. Rev. Acct. 10 2490 42238 Community College Chargebacks    $76,340.00

Inc. App. Acct. 10 2490 50408 College Tuition                                 $76,340.00

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Burin

Seconded by:  Smith

            RESOLVED, that the Director of Real Property Tax Services and the Assessor for the Town  of  Horseheads  are  hereby  authorized  to  correct  the  2022  assessment  roll  which was erroneously extended as follows:

2022 Tax Roll- Town of Horseheads

Tax Map No.:  28.00-1-33.22

Location:  111 Kingsley Road, Pine Valley, NY  14872

Owner:  Lonnie and Linda Bazyk

"Clerical Error" – Incorrect re-levy of school tax which was previously paid.  Correct amount of taxes due from $4,741.02 to $2,022.17

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by: Smith

               WHEREAS, the Chemung County Sewer Districts (“CCSD”) have requested authorization to offer fair market value to purchase an easement which would allow for the construction of a temporary access road to accommodate the large number of construction workers and heavy equipment necessary for the Milton Street Waste Water Treatment Plant (“WWTP”) on a 1.12 acre portion of property owned by Ronald and Ginny Strope, Tax ID 100.00-1-3.12; and    

               WHEREAS,  a third-party construction consultant has stated that this temporary road is essential for safety, mitigating construction traffic on Milton Street and to keep the WWTP on schedule and reduce costs; and         

               WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve the CCSD’s request; now, therefore, be it             

               RESOLVED, that the CCSD is hereby authorized and directed to offer fair market value to purchase an easement which would allow for the construction of a temporary access road to accommodate the large number of construction workers and heavy equipment necessary for the Milton Street Waste Water Treatment Plant (“WWTP”) on a 1.12 acre portion of property owned by Ronald and Ginny Strope, Tax ID 100.00-1-3.12; and, be it further

               RESOLVED, that the terms of the easement shall be subject to the review and approval of the Attorney for the Sewer Districts. 

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Burin

Seconded by:  Sweet

           WHEREAS, the Superintendent of the Chemung County Department of Buildings and Grounds has requested authorization to enter into a Purchase Agreement with BSN Sports (“BSN”) for the purchase of uniforms for Chemung County Parks employees (laborers, recreation attendants, lifeguards) utilizing Cooperative Contract R201101 (PGB-2268) Athletic, Physical Education Supplies & Team Uniforms for the  period January 1,. 2022 through September 30, 2023 with two additional one-year renewal options at an annual cost not to exceed $3,900; and

            WHEREAS, the County Executive, the Buildings and Grounds Committee have recommended that the Chemung County Legislature approve the purchase of the uniforms pursuant to the Cooperative Contract bid; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with BSN for the uniforms during the period January 1, 2022 through September 30, 2023 with two additional one-year renewal options at an annual cost not to exceed $3,900 pursuant to a bid as more particularly described in the Preamble to this Resolution; and, be it further

          RESOLVED, that the terms and conditions of the agreement with BSN are subject to the review and approval of the County Attorney; and, be it further

            RESOLVED, that this agreement shall not be renewed, the initial term thereof extended or the agreement amended without the express consent by Resolution of this Legislature.

By:  Burin

Seconded by:  Sweet

            WHEREAS, the Superintendent of the Chemung County Buildings and Grounds Department has requested authorization to enter into agreements with W. W. Grainger, Inc. (“Grainger”) and WESCO (respectively NYS Contract PC68171 and PC68170 – Environmentally Preferred Lighting) for the provision of LED lighting for a Lighting Upgrade Project (the “Project”) for the Human Resource Center and the District Attorney’s Offices at a total cost of $53,500; and

            WHEREAS, the County Executive and the Buildings and Grounds Committee have recommended that the Chemung County Legislature authorize this agreement; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to execute a purchase agreements with Grainger and WESCO for LED lighting (NYS Contract PC68171 and PC68170) for the Project at a total cost not to exceed $53,500; be it further

            RESOLVED, that the terms and conditions or the agreements shall be subject to the review and approval of the County Attorney; and, be it further

            RESOLVED, that these purchase agreements shall not be renewed, the term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Sweet

   WHEREAS, the Director of the Chemung County Fire and Emergency Management Office has requested authorization to enter into an agreement with Stephen Campbell Associates/Interactive Insight Corporation (“IIC”) utilizing GSA Contract No. GS-35F-0415V for purchase of Eventide NexLog 740 Audio Log Recorder (the “Equipment”) at a cost not to exceed $36,474.49 (100% State share); and

    WHEREAS, the County Executive, the Corrections and Law Enforcement Committee have recommended that the Chemung County Legislature approve the purchase of the Equipment pursuant to GSA Contract No. GS-35F-0415V; now, therefore, be it

    RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with  IIC for the equipment at a cost not to exceed $36,474.49 (100% State share) pursuant to GSA Contract No. GS-35F-0415V as more particularly described in the Preamble to this Resolution; and, be it further

   RESOLVED, that the terms and conditions of the agreement with IIC is subject to the review and approval of the County Attorney; and, be it further

     RESOLVED, that this agreement shall not be renewed, the initial term thereof extended or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Sweet

     WHEREAS, sealed bids, pursuant to RFB-2377, were received and opened on February 2, 2022 for Purchase, Install, & Support Eventide Call System (the “Project”); and

     WHEREAS, the Director of the Chemung County Office Fire and Emergency Management (the “Director”) has recommended the acceptance of the lowest responsible bid meeting all bid specifications for the Project; and

    WHEREAS, the County Executive and the Corrections and Law Enforcement Committee have reviewed the bid specifications, the bids submitted, the recommendations of the Director and they all recommend the Chemung County Legislature award the bid to the lowest responsible bidder meeting all bid specifications for the Project, i.e., Interaction Insight Corporation (“IIC”), at a cost of $82,521, as more particularly described in the bid submitted by Kimble; now, therefore, be it

     RESOLVED, that the Chemung County Legislature does hereby find that IIC is the lowest, responsible bidder meeting all bid specifications for the Project; and, be it further

     RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with IIC for the Project at a total cost of $82,521 (100% State share)  as more specifically set forth in the bid submitted by IIC; and, be it further

   RESOLVED, that the terms and conditions of the agreement between the County of Chemung and IIC shall be subject to the review and approval of the County Attorney; and, be it further

     RESOLVED, that the agreement shall not be renewed, the initial term thereof extended, or the agreement amended without express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By: Strange

Seconded by:  Sweet

          WHEREAS, the Commissioner of the Chemung County Department of Public Works (the “Commissioner”) has requested authorization to enter into an agreement with Alta Construction Equipment NY, LLC (“Alta”) utilizing OGS Contract PC69437 for purchase of a Front Wheel Loader (the “Equipment”) at a cost not to exceed $213,038 (100% Federal share [ARPA]); and

           WHEREAS, the County Executive, the Highway Committee have recommended that the Chemung County Legislature approve the purchase of the Equipment pursuant to OGS Contract PC69437; now, therefore, be it

          RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Alta for the equipment at a cost not to exceed $213,038 (100% Federal share [ARPA]) pursuant to OGS Contract PC69437 as more particularly described in the Preamble to this Resolution; and, be it further

         RESOLVED, that the terms and conditions of the agreement with Alta is subject to the review and approval of the County Attorney; and, be it further

          RESOLVED, that this agreement shall not be renewed, the initial term thereof extended or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By: Strange

Seconded by:  Sweet

           WHEREAS, the Commissioner of the Chemung County Department of Public Works (the “Commissioner”) has requested authorization to enter into an agreement with Tracey Road Equipment (“Tracey”) for one new and unused 2023/2024 Freightliner 114SD Tandem Axle Cab & Chassis Detroit DD 13 470 HP 10-Wheel Truck (the “Equipment”) pursuant to Onondaga County Bid Reference #8996 at a cost not to exceed $275,360.28 ($275,000 Federal share [ARPA], $360.28 local share); and

           WHEREAS, the County Executive, the Highway Committee have recommended that the Chemung County Legislature approve the purchase of the Equipment pursuant to Onondaga County Bid Reference #8996; now, therefore, be it

          RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Tracey for the equipment at a cost not to exceed $275,360.28 ($275,000 Federal share [ARPA], $360.28 local share) pursuant to Onondaga Bid Reference #2996 as more particularly described in the Preamble to this Resolution; and, be it further

        RESOLVED, that the terms and conditions of the agreement with Tracey is subject to the review and approval of the County Attorney; and, be it further

          RESOLVED, that this agreement shall not be renewed, the initial term thereof extended or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Strange

Seconded by:  Sweet

     WHEREAS, sealed bids, pursuant to RFB-2402, were received and opened on March 9, 2022 for Highway Fuel; and

     WHEREAS, the Commissioner of the Chemung County Department of Public Works (the “Commissioner”) has recommended the acceptance of the lowest responsible bid meeting all bid specifications for Highway Fuel; and

      WHEREAS, the County Executive and the Highway Committee have reviewed the bid specifications, the bids submitted, the recommendations of the Commissioner and they all recommend the Chemung County Legislature award the bid to the lowest responsible bidder meeting all bid specifications for Highway Fuel, i.e., Stewart P. Wilson, Inc. (“Stewart”), as more particularly described in the bid submitted by Kimble; now, therefore, be it

    RESOLVED, that the Chemung County Legislature does hereby find that Stewart is the lowest, responsible bidder meeting all bid specifications for Highway Fuel; and, be it further

     RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Stewart for the Highway Fuel as more specifically set forth in the bid submitted by IIC; and, be it further

   RESOLVED, that the terms and conditions of the agreement between the County of Chemung and Stewart shall be subject to the review and approval of the County Attorney; and, be it further

      RESOLVED, that the agreement shall not be renewed, the initial term thereof extended, or the agreement amended without express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Sweet

       WHEREAS, the Chemung County Board of Elections has requested authorization to enter into a Purchase Agreement with Phoenix Graphics, Inc. (“Phoenix”) for the provision by Phoenix of election related printing services (absentee and affidavit ballots, as well as additional election related printing supplies) for the Dominion Optical Scan Voting System during the period January 1, 2022 through December 31, 2022 at a cost not to exceed $50,000; and

       WHEREAS, pursuant to Resolution No. 21-258 the Chemung County Legislature designated Phoenix as a sole source provider of ballot printing services (absentee and affidavit ballots, as well as additional election related printing supplies) for the Dominion Optical Scan Voting System; and

       WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve this request; now, therefore, be it

       RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Phoenix, subject to the review and approval of the County Attorney, for ballot printing services (absentee and affidavit ballots, as well as additional election related printing supplies) for the Dominion Optical Scan Voting System during the period January 1, 2022 through December 31, 2022 at a cost not to exceed $50,000; and, be it further

       RESOLVED, that the agreement shall not be renewed, the initial term thereof extended, or the agreement amended without express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Sweet

            WHEREAS, the Director of the Chemung County Department of Information Technology has requested authorization to enter into an agreement with SHI, Inc. utilizing Sourcewell Cooperative Contract for Technology Catalog Solutions Agreement #081419-SHI (RFP-08149) (PGB-2128) for purchase of Splunk Cloud Subscription products (Part Nos. SE-S-CLD-ST and SE-S-ARC) at a total cost not to exceed $29,998.78; and

            WHEREAS, the County Executive, the Budget Committee, and the Director of Information Technology have all recommended that the Chemung County Legislature approve the purchase of the Splunk Cloud Subscription products pursuant to the Sourcewell Cooperative Purchasing Agreement; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with SHI, Inc.  for the Splunk Cloud Subscription products (Part Nos. SE-S-CLD-ST and SE-S-ARC) at a total cost not to exceed $29,998.78 pursuant to Sourcewell Cooperative Contract for Technology Catalog Solutions Agreement #081419-SHI (RFP-08194) (PGB-2128); and, be it further

            RESOLVED, that the terms and conditions of the agreement with SHI, Inc. are subject to the review and approval of the County Attorney; and, be it further

            RESOLVED, that this agreement shall not be renewed, the initial term thereof extended or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Sweet

          WHEREAS, sealed bids, pursuant to RFB-2388, were received and opened on March 3, 2022 on behalf of the Chemung County Sewer Districts (the “Districts”) for Poyaluminum Chloride (the “Product”); and

          WHEREAS,  the Chemung County Purchasing Director has reviewed the bid specifications and the bids submitted and they both recommend the acceptance of the bid received by USALCO, Inc. as the lowest responsible bid meeting all bid specifications for the respective components of the Product; and

          WHEREAS, the County Executive and the Multi-Services Committee have reviewed the bid specifications, the bids submitted and the recommendation the Purchasing Director and they all recommend the Chemung County Legislature award the respective bid for the Product to USALCO, Inc., the lowest responsible bidder meeting all bid specifications for the respective components of the Product; now, therefore, be it

          RESOLVED,  that the Chemung County Legislature does hereby find that USALCO, Inc. is the lowest, responsible bidder meeting all bed specifications for the respective components of the Product; and, be it further

          RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with USALCO, Inc. for the Product at a cost of $0.24 per pound as more specifically set forth in the bids submitted by USALCO, Inc.; and, be it further

          RESOLVED, that the terms and conditions of the agreement between the County of Chemung and USALCO, Inc. shall be subject to the review and approval of the Attorney for the District; and, be it further

          RESOLVED, that the agreement shall not be amended without the express consent by Resolution of this Legislature. 

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Director of the Chemung County Department of Youth and Recreational Services (the “Director”) has requested the re-creation of a full-time Principal Clerk position, CSEA Grade 7, $16.32 per hour, due to the promotion of an employee; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the Director’s request; now, therefore, be it

            RESOLVED, that one full-time Principal Clerk position be and the same hereby is re-created, effective April 12, 2022 for the Chemung County Department of Youth and Recreational Services; and, be it further

            RESOLVED, that the Director is hereby authorized and directed to fill one full-time Principal Clerk position, CSEA Grade 7, $16.31 per hour;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said salary is to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Acting Executive Director of the Chemung County Sewer Districts has requested the re-creation of a full-time Sewer System Maintenance and Inspection Crew Leader position, Grade 6, $52,320 - $80,752 annual salary, due to the resignation of an employee; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the request; now, therefore, be it

            RESOLVED, that one full-time Sewer System Maintenance and Inspection Crew position be and the same hereby is re-created, effective April 12, 2022 for the Chemung County Sewer Districts; and, be it further

            RESOLVED, that the Acting Executive Director is hereby authorized and directed to fill one full-time Sewer System Maintenance and Inspection Crew Leader position, Grade 6, $52,320 - $80,752;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said salary is to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Chemung County District Attorney has requested the re-creation of a Chief Assistant District Attorney position, Singe Rate Grade 11, $87,677 - $136,073  annual salary, due to the resignation of an employee; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the request; now, therefore, be it

            RESOLVED, that a Chief Assistant District Attorney position be and the same hereby is re-created, effective April 12, 2022 for the Chemung County District Attorney’s Office; and, be it further

            RESOLVED, that the District Attorney is hereby authorized and directed to fill the Chief Assistant District Attorney position, Single Rate Grade 11, $87,677 - $136,073 annual salary;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said salary is to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Chemung County District Attorney has requested the re-creation of a Secretary I position, CSEA Grade 9, $19.12 - $23.69 per hour , due to the resignation of an employee; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the request; now, therefore, be it

            RESOLVED, that a Secretary I position be and the same hereby is re-created, effective April 12, 2022 for the Chemung County District Attorney’s Office; and, be it further

            RESOLVED, that the District Attorney is hereby authorized and directed to fill one Secretary I position, CSEA Grade 9, $19.12 - $23.69 per hour;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said salary is to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Director of the Chemung County Probation Department (the “Director”) has requested the re-creation of a Principal Clerk position, CSEA Grade 7, $16.32 - $28.98 per hour , due to the retirement of an employee; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the request; now, therefore, be it

            RESOLVED, that a Principal Clerk position be and the same hereby is re-created, effective April 12, 2022 for the Chemung County Probation Department; and, be it further

            RESOLVED, that the Director  is hereby authorized and directed to fill one Principal Clerk position, CSEA Grade 7, $16.32 - $28.98 per hour;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said salary is to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:   Briggs

            WHEREAS,  the Chemung County Sheriff has requested the re-creation of three full-time Deputy Sheriff positions, Grade 4, $56,610 - $82,803 annual salary due to the retirement and resignations of employees; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the request of the Sheriff; now, therefore, be it

            RESOLVED, that three full-time Deputy Sheriff positions be and the same hereby are re-created, effective March 8, 2022, for the Chemung County Sheriff’s Office; and, be it further

            RESOLVED, that the Sheriff be and he hereby is authorized and directed to fill three Deputy Sheriff positions, Grade 4, $56,610 - $82,803 annual salary; and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements and said wage is to be paid as to any other County employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Acting Public Defender has requested the re-creation of a full-time Assistant Public Defender position, Single Rate Grade 8, $68,000 annual salary (100% Federal reimbursement), due to the retirement of an employee; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the request; now, therefore, be it

            RESOLVED, that an Assistant Public Defender position be and the same hereby is re-created, effective April 12, 2022 for the Chemung County Public Defender’s Office; and, be it further

            RESOLVED, that the Acting Public Defender is hereby authorized and directed to fill one Assistant Public Defender position, Single Rate Grade 8, $68,000 annual salary (100% Federal reimbursement);  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said salary is to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Acting Chemung County Public Defender  has requested the re-creation of a part-time Secretary position, CSEA Grade 9, $19.12 per hour, due to the retirement of an employee; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the request; now, therefore, be it

            RESOLVED, that one part-time Secretary position be and the same hereby is re-created, effective April 12, 2022 for the Chemung County Public Defender’s Office; and, be it further

            RESOLVED, that the Acting Public Defender is hereby authorized and directed to fill one part-time Secretary position, CSEA Grade 9 , $19.12 per hour;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said salary is to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Chemung County Director of Aviation (the “Director”) has requested the re-creation of an Airport Maintenance Worker I position, CSEA C-2 Grade 1, $15.85 - $20.15 per hour , due to the resignation of an employee; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the request; now, therefore, be it

            RESOLVED, that an Airport Maintenance Worker I position be and the same hereby is re-created, effective April 12, 2022 for the Elmira Corning Regional Airport; and, be it further

            RESOLVED, that the Director is hereby authorized and directed to fill one Airport Maintenance Worker I position, CSEA C-2 Grade 1, $15.85 - $20.15 per hour;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said salary is to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

         WHEREAS, Resolution No. 91-425 determined that there shall be no additional hiring of personnel by the County of Chemung in accordance with existing Staffing Plans without the prior consent by resolution of the Chemung County Legislature; and

         WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that this Legislature re-create two Caseworker positions, one Social Welfare Examiner position, one Senior Clerk position, and one Principal Clerk position due to the promotion and resignations of employees; and

         WHEREAS, the aforementioned positions are contained within the Staffing Plan for the Chemung County Department of Social Services; and

         WHEREAS, the County Executive and the Personnel Committee have recommended the Chemung County Legislature approve the request of the Commissioner; now, therefore, be it

         RESOLVED, that the following position be and the same is hereby re-created effective April 12, 2022:

 CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES

  POSITION                                       SALARY/WAGE                   REIMBURSEMENT

     (2) Caseworkers                                         $23.28 per hour                                  67%

     (1) Social Welfare Examiner Trainee        $16.82 per hour                                   75%

     (1) Senior Clerk                                         $15.39 per hour                                   75%

     (1) Principal Account Clerk                       $20.72 -$23.25 per hour                     75%                                        

and, be it further

         RESOLVED, that the Commissioner be and he hereby is authorized and directed to fill the aforementioned positions at the title and within the wage rate indicated; and, be it further

         RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements and said wages are to be paid as to any other County employee; and, be it further

         RESOLVED, that in the event the County does not receive the full amount of the Federal and/or State reimbursement funding referred to in this Resolution the position authorized by this Resolution shall automatically terminate without further action by this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

         WHEREAS, Resolution No. 91-425 determined that there shall be no additional hiring of personnel by the County of Chemung in accordance with existing Staffing Plans without the prior consent by resolution of the Chemung County Legislature; and

         WHEREAS, the Administrator of the Chemung County Nursing Facility (the “Administrator”) has requested that this Legislature re-create ten Certified Nurse Aide positions, and one Principal Account Clerk position due to the resignations of employees; and

         WHEREAS, the aforementioned positions are contained within the Staffing Plan for the Chemung County Nursing Facility; and

         WHEREAS, the County Executive and the Personnel Committee have recommended the Chemung County Legislature approve the request of the Commissioner; now, therefore, be it

         RESOLVED, that the following position be and the same is hereby re-created effective April 12, 2022:

 CHEMUNG COUNTY NURSING FACILITY

  POSITION                                       SALARY/WAGE                   REIMBURSEMENT

(10) Certified Nurse Aides              CSEA Grade A/$15.15-$19.40 per hour           90%

(1) Principal Account Clerk             CSEA Grade 10/$20.72 - $25.43 per hour        90%

and, be it further

         RESOLVED, that the Administrator be and she hereby is authorized and directed to fill the aforementioned positions at the titles and within the wage rates indicated; and, be it further

         RESOLVED, that the aforementioned positions are to be filled subject to Civil Service requirements and said wages are to be paid as to any other County employee; and, be it further

         RESOLVED, that in the event the County does not receive the full amount of the Federal and/or State reimbursement funding referred to in this Resolution the positions authorized by this Resolution shall automatically terminate without further action by this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Superintendent of the Chemung County Department of Buildings and Grounds (the “superintendent”) has requested the creation of one full-time Maintenance Worker position, CSEA A-2/CSEA A-1, $18.00 - $2902 per hour to better meet the needs of the Department; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the Superintendent’s request; now, therefore, be it

            RESOLVED, that one full-time Maintenance Worker position be and the same hereby is created effective April 12, 2022; and, be it further

            RESOLVED, that the Superintendent is hereby authorized and directed to fill one full-time Maintenance Worker position, CSEA A-2/CSEA A-1, $18.00 - $2902 per hour;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said wages are to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Commissioner of the Chemung County Planning Department (the “Commissioner”) has requested the creation of a full-time Grants Manager position as approved by the Regional Civil Service Commission on February 2, 2022, Single Rate Grade 6, $52,320 - $66,536 annual salary to better meet the needs of the Department; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the Superintendent’s request; now, therefore, be it

            RESOLVED, that one full-time Grants Manager position be and the same hereby is created effective April 12, 2022; and, be it further

            RESOLVED, that the Commissioner is hereby authorized and directed to fill one full-time Grants Manager position, Single Rate Grade 6, $52,320 - $66,536 annual salary;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said wages are to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Director of the Chemung County Probation Department  (the “Director”) has requested the creation of a full-time Deputy Director (Group B) position per Probation H-10 regulations, Single Rate Grade 9,  $71,159 - $110,438 annual salary (12% State reimbursement); and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the Superintendent’s request; now, therefore, be it

            RESOLVED, that one full-time Deputy Director (Group B) position be and the same hereby is created effective April 12, 2022; and, be it further

            RESOLVED, that the Director is hereby authorized and directed to fill one full-time Deputy Director (Group B) position, Single Rate Grade 9, $71,159- -$110,438 annual salary (12% State reimbursement);  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said wages are to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Director of the Chemung County Department of Central Services (the “Director”) has requested the creation of a full-time Accounts Payable Clerk position, CSEA B2/Grade 6, $15.39 - $19.665 per hour to better meet the needs of the Department; and

            WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve the Director’s request; now, therefore, be it

            RESOLVED, that one full-time Accounts Payable Clerk position be and the same hereby is created effective April 12, 2022; and, be it further

            RESOLVED, that the Director is hereby authorized and directed to fill one full-time Accounts Payable Clerk position, CSEA B2/Grade 6, $15.39 - $19.66 per hour;  and, be it further

            RESOLVED, that the aforementioned position is to be filled subject to Civil Service requirements, and said wages are to be paid as to any other County Employee.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

       WHEREAS, the Director of Personnel/Labor Relations has requested authorization to enter into an agreement with Arnot Medical Services (“Arnot”) for Arnot’s Center for Occupational and Environmental Medicine division to provide occupational health services (pre-employment physicals and fitness-for-duty examinations) to the Chemung County Personnel Department during the period January 1, 2022 through March 31, 2023 at various predetermined costs for each employee based upon the tests and screening required; and

         WHEREAS, the County Executive and the Personnel Committee have recommended that the Chemung County Legislature approve this agreement; now, therefore, be it

         RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned agreement with Arnot, the terms and conditions of that agreement to be subject to the approval of the County Attorney, for the period January 1, 2022 through March 31, 2023;  and, be it further

         RESOLVED, that this agreement shall not be renewed, the initial term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Strange

Seconded by:  Burin

IN THE MATTER OF THE COUNTY OF CHEMUNG QUALIFYING FOR EXEMPTIONS FROM EMINENT DOMAIN PROCEDURE LAW ARTICLE 2 HEARING REQUIREMENT FOR THE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS PROJECT – PHASE I (P.I.N. 6755.12)

            WHEREAS, the signal system on the County highway system in Chemung County is comprised of signals of varying age and condition and represents multiple different types of equipment; and 

            WHEREAS, traffic signals within the Chemung County are outdated and in disrepair, pedestrian facilities are insufficient, non-existent or do not meet current applicable standards, and some intersections have been identified as locations with higher than average accident rates; and

            WHEREAS, in 2012 the County of Chemung (“County”) commissioned a Traffic Signal Evaluation Study (“Study”) to inventory, evaluate and make recommendations for upgrading traffic signals within the County to support economic development and sustainability; and

            WHEREAS, the Study investigated 25 traffic signal locations and identified needs in the following three categories:

1) Traffic Signals: This category identified non-standard equipment, equipment in                         disrepair, equipment that was old and locations that lacked certain features (i.e. loop         detection and pre-empt devices), etc.;

2) Intersection Operations: This category identified potential intersection alignment          issues and noted if pedestrian facilities were absent or non-standard;

3) Intersection Safety: This category calculated the average accident rate for the

intersection and compared it against the statewide average for similar intersections.

Accident patterns were also reviewed to determine if the accident patterns were present

pointing to specific causes that might be able to be addressed; and

            WHEREAS, an independent study was completed in 2019 to verify the assumptions and recommendations in the 2012 Study; and

            WHEREAS, due to the deficiencies identified in the Study, the County is proposing to improve and upgrade the County’s traffic signal system and provide intersection improvements in a Project to be accomplished in three (3) phases at various locations within the County (the “Project”); and

         WHEREAS, Phase I of the Project is proposed to be accomplished at the following seven (7) locations:  CR 35 (Chambers Road) and CR 75 (Arnot Road) intersection in the Town of Big Flats; CR 35 Chambers Road and Arnot Mall in the Town of Big Flats; CR 66 (Grand Central Avenue) and CR 58 (Upper Oakwood Avenue) intersection in the Town of Horseheads; CR 65 (Lake Road) and CR 19 (Fairview Road) intersection in the Town of Horseheads; CR 65 (Lake Road) and CR 39 (East 14^th Street) intersection in the Town of Horseheads; CR 65 (Lake Road) and East McCanns Boulevard intersection  in the Town of Elmira; and CR 69 (Pennsylvania Avenue) and CR 84 (Cedar Street) intersection in the Town of Southport; and

            WHEREAS, the in general, the work to be performed in Phase I of the Project consists of modifying or replacing the existing signal installations, constructing pedestrian facilities such as curb ramps and crosswalks, installing pavement markings and modifying some intersection geometrics; and

            WHEREAS, in order to accomplish the work, it will be necessary for the County to acquire limited easements and fee interests for the purpose of removing existing signal poles and placing new traffic signal poles, controllers or curb ramps; and

        WHEREAS, one (1) of the tax map parcels in which the County must acquire real property interests in order to accomplish Phase I of the Project is Tax Map Parcel No. 69.10-4-07 (“Horseheads Heights Parcel”) in the Town of Horseheads, title to which is currently vested in Horseheads Heights Associates, LLC, which acquired title by means of a Bargain and Sale Deed dated March 10, 2005 and recorded March 16, 2005 in the Chemung County Clerk’s Office as Control # 200503160074; and

         WHEREAS, the interest that the County seeks to acquire in the Horseheads Heights Parcel is a fee interest in and to an approximately 364 square foot, rectangular shaped parcel situated immediately adjacent to the eastern highway boundary of CR 65 (Lake Road); and

      WHEREAS, the purpose of acquiring the fee interest in and to a portion of the Horseheads Heights Parcel is to relocate a traffic signal pole and associated facilities; and

        WHEREAS, in accordance with the provisions of Article 3 of the New York Eminent Domain Procedure Law (“EDPL”) and the Uniform Relocation Assistance and Real Property Assistance Act of 1973 and its implementing regulations, the County has caused to be appraised the fee interest that it seeks to acquire in and to a portion of the Horseheads Heights Parcel, has had such appraisal reviewed by an independent appraiser, has established the highest approved appraisal amount as the amount that it believes represents just compensation to be paid for the acquisition of such fee interest, and has communicated to the owner of the Horseheads Heights Parcel a written offer to purchase such fee interest for one hundred percentum of the just compensation amount so established; and

        WHEREAS, the owner of the Horseheads Heights Parcel has not accepted the County’s offer to purchase the fee interest in and to a portion of the Horseheads Heights Parcel that is needed to accomplish the Project, as a consequence of which it may be necessary to acquire such fee interest by means of an EDPL Article 4 acquisition proceeding; and    

        WHEREAS, EDPL Article 2 requires, as a condition precedent to acquiring title by means of an EDPL Article 4 acquisition proceeding, that the County conduct a public hearing to inform the public and to review the public use to be served by the proposed Project and the impact on the environment and residents of the locality where the proposed Project will be constructed unless such Project is exempt from the EDPL Article 2 hearing requirements in accordance with EDPL §206; and

           WHEREAS, EDPL §206 (A) provides that the County will be exempt from compliance with the provisions of Article 2 when pursuant to other state, federal, or local law or regulation it considers and submits factors similar to those enumerated in EDPL §204 (B) to a state, federal, or local government agency, board, or commission before proceeding with the acquisition and obtains a license, a permit, a certificate of public convenience of necessity, or other similar approval from such agency, board, or commission; and

          WHEREAS, the factors enumerated in subdivision (B) of EDPL §204 are: (1) the public use, benefit or purpose to be served by the proposed public Project; (2) the approximate location for the proposed public Project and the reasons for the selection of that location; (3) the general effect of the proposed Project on the environment and residents of the locality; and (4) such other factors as it considers relevant; and

         WHEREAS, the proposed Project is a Locally Administered Federal Aid Transportation Project administered by the County of Chemung; and

          WHEREAS, the proposed Project is being progressed by the County, with oversight by the New York State Department of Transportation (“NYSDOT”) Region 6, in accordance with the requirements of the NYSDOT “Procedures for Locally Administered Federal Aid Projects” manual (“LPM”), the NYSDOT “Project Development Manual” (“PDM”) and other applicable NYSDOT regulations and policies; and

           WHEREAS, in order to progress to the Project through scoping, design and acquisition phases, as established by NYSDOT, it was necessary for the County to obtain NYSDOT and Federal Highway Administration (“FHWA”) approval that the County has satisfied the requirements of FHWA and NYSDOT, as set forth in the LPM, PDM and other applicable statutes, regulations and policies; and

           WHEREAS, in order to obtain FHWA and NYSDOT approval of the Project, it was necessary for the County to submit to NYSDOT a document known as a Initial Project Proposal/Final Design Report (“Final Design Report”) addressing, among other things, the location and details of the Project, as well as information and documentation demonstrating compliance with the provisions of the National Environmental Policy Act of 1969 (“NEPA”) and the New York State Environmental Quality Review Act (“SEQR”); and

            WHEREAS, the County, in conjunction with its consultant, completed the Final Design Report for the Project in May, 2020, and submitted same to NYSDOT for its review and approval; and

            WHEREAS, in the course of designing the Project, the County considered two (2) alternatives, both of which are discussed in the Final Design Report; and

        WHEREAS, the preferred alternative, as described in the Final Design Report, was approved by the County on June 1, 2020; and

            WHEREAS, the NYSDOT completed its review of the Final Design Report and has provided project approval to the County and issued design approval and an Authorization to Proceed With ROW Acquisitions; and

            WHEREAS, in accordance with the provisions of 23 C.F.R. 771.118(c), and as required by the PDM, the County was required to undertake and complete an environmental review under NEPA; and

            WHEREAS, in satisfaction of its duties to conduct an environmental review under NEPA, the County prepared a Federal Environmental Approval Sheet; and

            WHEREAS, the proposed public Project is being progressed as a NEPA Class II action (Categorical Exclusion) in accordance with 23 CFR 771.117, and the NYSDOT has concurred with this classification, all of which is set forth in the Final Design Report; and

          WHEREAS, the County is designated as the lead agency for purposes of the New York State Environmental Quality Review Act (hereinafter “SEQR”); and

          WHEREAS, the County classified the proposed Project as a Type II action per NYCRR Part 617.5(c)(22) (installation of traffic control devices on existing streets, roads and highways) and has completed the SEQR review process; and

         WHEREAS, the County has considered the general effect of the proposed Project on the residents of the locality in which the proposed Project is to be undertaken and has included such analysis in the Final Design Report; and

       WHEREAS, in the course of satisfying the requirements of the LPM and DPM, the County has considered and submitted to NYSDOT factors similar to those enumerated in EDPL §204(B), and NYSDOT has issued its approval of the Project; and

           WHEREAS, the Project and the location, nature, duration and extent of the acquisition of the fee interest in and to a portion of the Horseheads Heights Parcel are de minimis in nature so that the public interest will not be prejudiced by the construction of the Project; and

        WHEREAS, the County Executive requests authority to acquire the aforementioned parcel through ECPL litigation, if necessary;

NOW THEREFORE, it is hereby

            RESOLVED, that the County of Chemung has considered all relevant information pertaining to the proposed Project and has determined that the Project serves a legitimate public use, purpose and benefit, and that the project development process implemented by the County, as required by Federal and State statutes, regulations and policies, as well as the de minimis nature of the proposed acquisition of a fee interest in and to an approximately 364 square foot portion of Tax Map Parcel 69.10-4-07 in the Town of Horseheads, qualifies the County and the Project for exemptions from the hearing requirements of EDPL  Article 2, pursuant to EDPL Section 206 (A) and (D); and it is further

        RESOLVED, the County of Chemung hereby authorizes and directs the Chemung County Executive or his designee to take such steps, perform such acts and execute such documents as are necessary for the County to acquire the previously identified fee interest in and to a portion of Tax Map Parcel 69.10-4-07 in the Town of Horseheads, and all other real property interests that may be necessary to be acquired in order to accomplish for the Project, including, but not limited to, acquisition in accordance with any other provision of law, regulation or contract, at an acquisition cost not to exceed $1,000 or such amount ordered by Court, without further approval of this Legislature.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Burin

            WHEREAS, 6NYCRR Part 17 (Title 6 of the New York Code of Rules and Regulations) under the State Environmental Quality Review Act provides that certain actions identified in subdivision (c) of that section are not subject to environmental review under the Environmental Conservation Law; now, therefore be it

             RESOLVED, that the Chemung County Legislature hereby determines that the following proposed projects are Type II actions in accordance with 6NYCRR Part 617.5 (c)(2), as “replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of this Part” and 617 (C)(27) as “conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action”; therefore are not subject to review under 6NYCRR Part 617:

Chemung County Elmira Sewer District:

ESD Collection System Rehabilitation & Equipment

ESD Milton Street Facility Rehabilitation

Chemung County Sewer District No. 1:

SD1 Collection System Rehabilitation & Equipment

Lake St. Waste Water Treatment Plant Rehabilitation Projects

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Burin

            WHEREAS, the Administrative Board of the Chemung County Elmira Sewer District (the “District”) did establish and adopt, subject to confirmation of the Chemung County Legislature, its Scale of Charges on March 7, 2022 by Resolution No. 2022-02, a certified copy of which has been filed with the Clerk of the Chemung County Legislature; now, therefore, be it

            RESOLVED, that the 2022 Scale of Charges, together with rules and regulations, and any and all amendments thereto as adopted by the District on March 7, 2022 by the aforementioned Resolution be and the same are hereby ratified, affirmed and approved and incorporated herein by reference as though fully set forth; and, be it further

            RESOLVED, that any person may appeal from the rate-fixing determination as made by the District to the Chemung County Legislature within fifteen (15) days from the adoption of this resolution by filing with the Clerk of the Legislature a petition requesting said appeal and the grounds therefore, for consideration by the Chemung County Legislature at its next scheduled meeting, and said Chemung County Legislature may request any additional information relative to the same from the District or the person so making the appeal;  and, be it further

            RESOLVED, that the Clerk of the Chemung County Legislature shall transmit a certified copy of this resolution to the District; and, be it further

            RESOLVED, that the said Scale of Charges shall be effective retro-active to January 1, 2022 as provided by Resolution No. 2022-02 of the Administrative Board of the District; and, be it further

            RESOLVED, that the Clerk of the County Legislature shall keep a permanent file of this proceeding which may be inspected upon request; and, be it further

            RESOLVED, that the Director of Environmental Services is authorized to comply with the requirements of the law relative to the aforesaid Scale of Charges.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Burin

            WHEREAS, the Administrative Board of the Chemung County Sewer District No. 1 (the “District”) did establish and adopt, subject to confirmation of the Chemung County Legislature, its Scale of Charges on March 7, 2022 by Resolution No. 2022-02, a certified copy of which has been filed with the Clerk of the Chemung County Legislature; now, therefore, be it

            RESOLVED, that the 2022 Scale of Charges, together with rules and regulations, and any and all amendments thereto as adopted by the District on March 7, 2022 by the aforementioned Resolution be and the same are hereby ratified, affirmed and approved and incorporated herein by reference as though fully set forth; and, be it further

            RESOLVED, that any person may appeal from the rate-fixing determination as made by the District to the Chemung County Legislature within fifteen (15) days from the adoption of this resolution by filing with the Clerk of the Legislature a petition requesting said appeal and the grounds therefore, for consideration by the Chemung County Legislature at its next scheduled meeting, and said Chemung County Legislature may request any additional information relative to the same from the District or the person so making the appeal;  and, be it further

            RESOLVED, that the Clerk of the Chemung County Legislature shall transmit a certified copy of this resolution to the District; and, be it further

            RESOLVED, that the said Scale of Charges shall be effective retro-actively as of January 1, 2021 as provided by Resolution No. 2022-02 of the Administrative Board of the District; and, be it further

            RESOLVED, that the Clerk of the County Legislature shall keep a permanent file of this proceeding which may be inspected upon request; and, be it further

            RESOLVED, that the Director of Environmental Services is authorized to comply with the requirements of the law relative to the aforesaid Scale of Charges.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Burin

            WHEREAS, the establishment of an Orange Zone Stimulus grant program in the amount of $450,000 was recommended by the County Executive in his America Rescue Plan Proposal and was approved by this Legislature as part of the 2022 Chemung County Operating Budget in order to offer the opportunity for restaurants, personal care services, gyms and fitness centers in Chemung County that filed safety plans with New York State to apply for one-time grants of up to $5,000; and

            WHEREAS, it is necessary to formalize the application and award process for the Chemung County Orange Zone Stimulus grant fund; now, therefore, be it

            RESOLVED, that the Chemung County Legislature hereby authorizes the creation of the Orange Zone Stimulus Grant Fund Program in the amount of $450,000 to respond to the COVID-19 pandemic and its economic impacts by assisting local businesses located within the dedicated Orange Zone with one time grants of up to $5,000; and, be it further

            RESOLVED, that the Chemung County Legislature hereby authorizes and directs the County Executive to implement the Orange Zone Stimulus Program as proposed in his America Rescue Plan Proposal and as approved in the 2022 Chemung County Operating Budget; and, be it further

            RESOLVED, that the County Executive will refer any completed and qualified funding requests to the Legislature (through the Budget Committee) for consideration and approval on or before August 29, 2022; and, be it further

            RESOLVED, that this Resolution shall take effect immediately.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Burin

            WHEREAS, the establishment of an Agricultural Subsidy grant program in the amount of $250,000 was recommended by the County Executive in his America Rescue Plan Proposal and was approved by this Legislature as part of the 2022 Chemung County Operating Budget in order to offer the opportunity for Chemung County farms (as defined by NYS Farm Bureau Association) to apply for one-time grants of up to $5,000; and

            WHEREAS, it is necessary to formalize the application and award process for the Chemung County Agricultural Subsidy grant fund; now, therefore, be it

            RESOLVED, that the Chemung County Legislature hereby authorizes the creation of the Agricultural Subsidy Grant Fund Program in the amount of $250,000 to respond to the COVID-19 pandemic and its economic impacts by assisting farms, as defined by the NYS Farm Bureau, located within Chemung County with one time grants of up to $5,000; and, be it further

            RESOLVED, that the Chemung County Legislature hereby authorizes and directs the County Executive to implement the Agricultural Subsidy Program as proposed in his America Rescue Plan Proposal and as approved in the 2022 Chemung County Operating Budget; and, be it further

            RESOLVED, that the County Executive will refer any completed and qualified funding requests to the Legislature (through the Budget Committee) for consideration and approval on or before August 29, 2022; and, be it further

            RESOLVED, that this Resolution shall take effect immediately.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed:  None (0)

By:  Manchester

Seconded by:  Burin

            WHEREAS, the Chemung County residents deserve a complete assessment of the present and future revenue and costs of the Chemung County Nursing Facility operations; and

            WHEREAS, it is essential that all legislators understand the revenue and cost status and projections of the Nursing Facility, including the requirements and cost of compliance with New York State mandates for Nursing Facilities and staffing; and

            WHEREAS,  it is essential that the County Executive develops a transparent plan to guide the legislature’s analysis and decisions concerning the fiscal viability of operations or potential for public-private partnership or sale; and

            WHEREAS, the County Executive and the Legislature will be judged by the residents of Chemung County in executing sound fiscal judgement; now, therefore, be it

            RESOLVED, that the County Executive shall provide the Legislature a report, no later than June 1, 2022 with an assessment of present and future operation and a recommended course of action on the Chemung County Nursing Facility, to allow for sound fiscal planning in the 2023 Chemung County Budget and for follow-on budgets.  The report shall include all present and future projected revenues and costs including those required to meet federal and state mandates and a plan and recommendation concerning the Nursing Facility’s fiscal viability and plans for future operations.

Ayes:  Pastrick, Sweet, Margeson, Hyland, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Manchester (Chairman) (13); Excused:  Brennan, Sonsire (2); Opposed: Strange (1)

MOTION

By:  Sweet

Seconded by:  Margeson

            MOVED, that Resolution No. 22-214 be TABLED and sent back to committee for further consideration

CARRIED

Mr. Chalk thanked Mr. Sweet for his efforts regarding an abandoned property located within Mr. Chalk’s district.  The Landbank has completely refurbished the house and it is back on the market.  The neighbors are very happy. 

Mr. Manchester invited Chemung County District Attorney Weeden Wetmore, Chemung County Attorney Hyder Hussain, Chemung County Public Advocate John Brennan, and Acting Chemung County Public Defender Jennifer LaBeau to address the Legislature regarding the need for a proposed Local Law pertaining to residency of certain public officers in Chemung County.  All are in agreement that Chemung County is having difficulty finding qualified candidates among the existing pool of available applicants to fill vacancies in their respective offices.  Presently, Public Officers Law Section 3(1), requires Assistant District Attorney’s, Assistant County Attorneys, the Public Defender, Assistant Public Defenders, the Public Advocate, and Assistant Public Advocated to reside in the county in which they work.  Mr. Brennan noted that the Public Defender’s Office and the Public Advocate’s Office have mandated staffing levels.  Passing a Local Law to superseded NYS Public Officer’s Law would expand the residency requirements to contiguous counties.  Other factors that affect recruitment include not being able to offer an option for remote working, the public sector salary structure, and the lack of available housing in Chemung County.  Mr. Sweet suggested that the Local Law be expanded to include any residents of any county in New York State.  Mr. Manchester stated that the Local Law will be considered by the Multi-Services Committee on April 25, 2022.

Mr. Burin asked if American Rescue Plan funding will be utilized to conduct a Salary Study.  Mr. Manchester stated that funding for such a study was included in the 2022 Chemung County Budget and that Mr. Chalk’s committee is working on gathering material.  

MOTION

By:  Sweet

Seconded by:  Pastrick

            MOVED, that this meeting of the Chemung County Legislature be adjourned until Monday, May 9, 2022 in the Legislative Chambers, 5^th floor, Hazlett Building, 203 Lake Street, Elmira, New York

CARRIED.