Legislature was called to order by the Chairman of the Chemung County Legislature at 7:00 p.m. The following members were present when the Clerk called roll:

Pastrick _x_                Manchester __             Sweet _x_                   Brennan __

Margeson _x_             Hyland _x_                 Sonsire _x_                 Woodard _x_

Burin _x_                    Chalk _x_                    Briggs _x_                  McCarthy _x_

Drake _x_                   Smith _x_                    Strange _x_

                                                                   MOTION

By:  Chalk

Seconded by:  Briggs

            MOVED, that David Manchester and Joseph Brennan be excused from these proceedings

CARRIED. 

MOTION

By:  Strange

Seconded by:  Pastrick

            MOVED, that the reading of the minutes of the May 9, 2022 meeting of the Full Legislature be dispensed with, and that they stand accepted as corrected by the Clerk

CARRIED.

MOTION

By:  Smith

Seconded by:  Sweet

            MOVED, that the communications numbered 06-01 through 06-07 shall be considered incorporated herein by reference as though fully set forth

CARRIED.

MOTION

By:  Briggs

Seconded by:  Hyland

MOVED, that the committee reports of May 23, 2022 and June 6, 2022 be accepted as presented and corrected

CARRIED.

                                                                     MOTION

By:  Strange

Seconded by:  Woodard

            MOVED, that the following Resolutions be considered as one for voting purposes:  22-275 through 22-283, 22-284 through 22-294, 22-295 through 22-299, 22-300 through 22-307, 22-308 through 22-314, 22-315 through 22-316, 22-317 through 22-319

CARRIED.

                                                      LEGISLATORS’ COMMENTS

Regarding Resolution 22-293, Mr. Strange requested the data and analysis that was used to determine the need for a Federally Qualified Health Center (“FQHC”) in Chemung County.

Mrs. Sonsire stated that she is able to fully support the agreement with The Chautauqua Center, Inc. (“TCC”) following a very positive and collaborative conversation with Dr. Terry, D.O., M.B.A., Associate Dean of Academic Affairs, LECOM, Elmira.  Her concerns/questions regarding quality of care and malpractice have been answered and she is excited that the Chemung County Legislature will be responsible for bringing a facility that offers Universal Health Care to the county.  She urged her fellow Legislators to continue to support and endorse single payer health care. 

Mr. Margeson stated that he agrees with Mrs. Sonsire and has seen firsthand the need for quality health care for all. 

Mr. Sweet stated that New York State offers many health care programs, however, eligibility to participate in those programs is determined by a person’s ability to pay.  The FQHC is a federal program with no income limitations.  In talking to his constituents he hasn’t received any negative feedback regarding the establishment of an FQHC in Chemung County.  He fully supports Resolution 22-293.

Mr. Chalk stated that he met with Senator O’Mara last week to get his perspective on the FQHC.  Mr. O’Mara fully supports the FQHC model and has provided the Legislature with a letter stating such support.  Mr. Chalk fully supports Resolution 22-293.

Mr. Briggs thanked Mrs. Sonsire for her efforts in gathering information regarding the establishment of an FQHC in Chemung County.  He noted that the County Executive has publicly stated that he does not support this effort.  He was invited to share his concerns with the Legislature but the invitation was declined. 

Mr. Sweet noted that on April 11, 2022 the Legislature passed Resolutions authorizing and directing the County Executive to implement the Orange Zone and Agricultural Subsidy Stimulus Programs as approved in the 2022 County Budget.  To date, nothing has been done to get these funds to the businesses and farmers who are in need.  Mr. Sweet asked for an update on the status of the application process and the disbursement of funds for these programs.

Mrs. Sonsire noted that the Legislature has (many times) requested information and answers from the County Executive regarding the financial status and patient census numbers for the Chemung County Nursing Facility.  To date, no information has been provided.  She stated that the Legislature cannot just keep waiting and it is time to dig deeper.  She suggested that it is time that the Legislature utilize the powers granted them in the Charter.

Mr. Chalk informed the Legislature that On Wednesday, June 15, 2022 there will be a news conference at Eldridge Park at 1:00 in front of the Vietnam Memorial. Chris Moss and Dan Mandell will have joint announcements proclaiming June 27th through July 4th as Veteran’s Week in Chemung County and the City of Elmira.   All Legislators are invited to attend.

By:  Chalk

Seconded by:  Briggs

            RESOLVED, that pursuant to Article 27, Section 2704 of the Chemung County Charter and Local Law 4 of the Year 1957, the written appointment of the County Executive be and the same is hereby received, accepted and placed on file and Michelle L. S. Podolec is hereby appointed to the Chemung County Planning Board, filling the unexpired term of Ronald Panosian, which term shall expire on December 31, 2022; and, be it further

            RESOLVED, that the Chemung County Legislature does hereby confirm the aforementioned appointments by the County Executive to the Chemung County Planning Board.

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

By:  Burin

Seconded by:  Briggs

     WHEREAS, the Chemung County Commissioner of Human Services Commissioner has requested authorization to enter into a two-year agreement with the Laboratory Corporation of America (“LabCorp”), for the provision by LabCorp of DNA identification cases and determination in child support cases during the period January 1, 2022 through December 31, 2023 at an annual cost of $15,000 (66% Federal share, 34% local share); and

    WHEREAS, the County Executive and the Health and Human Services Committee have recommended the 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 LabCorp during the period January 1, 2022 through December 31, 2023 at an annual cost of  $15,000 (66% Federal share, 34% local share), the terms and conditions of which shall be subject to the approval of the County Attorney; and, be it further

    RESOLVED, that the agreement with LabCorp shall be contingent upon receipt by the County of the Federal funding in the amounts identified in the Preamble to this Resolution and in the event that the County does not receive those Federal funds in the amounts set forth in the Preamble to this Resolution, the agreement with LabCorp shall be null and void and of no further force and effect and 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

       WHEREAS, the Superintendent of the Chemung County Department of Buildings and Grounds has requested ratification of an agreement with Edger Enterprises of Elmira, Inc. (“Edger”) for the provision of emergency demolition and removal of structural areas of the concessions area under the bleachers at the Chemung County Fairgrounds which was damaged by a fire in the amount of $12,940; and

      WHEREAS, the County Executive and the Buildings and Grounds Committee have recommended that the Chemung County Legislature approve the ratification of the agreement with Edger; now, therefore, be it

       RESOLVED, that the Chemung County Legislature does hereby ratify and affirm the execution by the County Executive of the agreement with Edger for the provision of emergency demolition and removal of structural areas of the concessions area under the bleachers at the Chemung County Fairgrounds which was damaged by a fire in the amount of $12,940; and, be it further

          RESOLVED, that the terms and conditions of the agreement to 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 extended, or the agreement amended without the express consent by Resolution of this Legislature.

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

By:  Burin

Seconded by:  Briggs

            WHEREAS, the Chemung County Legislative Redistricting and Efficiency of County Government Operations Advisory Committee (the “Committee”) has requested authorization to enter into an agreement with Weiler Associates (“Weiler”) for the provision of boundary descriptions (meets and bounds) for the 2022 Chemung County Legislative Redistricting maps in an amount not to exceed $2,500 during the period June 14, 2022 through August 1, 2022; and

            WHEREAS, the Budget Committee has recommended the Chemung County Legislature approve this agreement; now, therefore, be it

            RESOLVED, that the Chairman of the Legislature is hereby authorized and directed to enter into the aforementioned agreement with Weiler at a cost not to exceed $2,500 during the period June 14, 2022 through August 1, 2022, the terms and conditions of this agreement to be subject to the review and approval of the Attorney for the 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

          WHEREAS, the Chairman of the Chemung County Legislature has requested authorization to enter into an agreement with Alfred Technology Resources, Inc. d/b/a Incubator Works (“IW”) for the provision by IW of promoting entrepreneurship and business start-up and development and growth by identifying, locating and contacting industrial prospects (the “Services”) during the period June 1, 2022 through May 31, 2023 at a total cost to Chemung County not to exceed $200,000 (100% Federal share [American Rescue Plan funds]); and

          WHEREAS, the City of Elmira has passed a Resolution agreeing to contribute $200,000 toward the services; and

          WHEREAS, the purpose of this agreement is to carry out in a legal and proper manner the provisions of the Federal “American Rescue Plan Act of 2021” (“ARPA”) and the County Law of the State of New York, and to provide for the transfer of ARPA money received by the County of Chemung, in consideration of the said Alfred Technology Resources Inc., (D/B/A Incubator Works) (a New York State Not-for-Profit Corporation “Incubator Works”) fostering and promoting entrepreneurship and business start-up and development within the County of Chemung: said Incubator Works to offer to the residents of the Chemung County a place to gather, to work together, and to find support, resources and education on how to start a business, and private non-profit organizations to provide services and programs to respond to

           WHEREAS,  the County has evaluated and is satisfied that IW presents a low to negligible risk of non-compliance based upon its prior experience, personnel, and ability to oversee and carryout the objectives of the agreement, and will operate and manage the award as a “sub recipient” under 2CFR§200.331(a); and

           WHEREAS, monies furnished by the County, hereunder will be transferred for the above in conformity with ARPA 602 (c)(3), and making Incubator Works a “sub recipient” of ARPA funds; and

           WHEREAS, Chemung County shall monitor compliance in accordance with 2CFR§200.332(d)-(g) and other applicable regulations and the County’s Sub Recipient Monitoring Plan; and

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

           RESOLVED, that the Chemung County Legislature does hereby authorize IW as a “sub recipient” of ARPA funding in the amount of TWO HUNDRED THOUSAND DOLLARS ($200,000) for the period June 1, 2022, through May 31, 2023; and, be it further

           RESOLVED, that the Chairman of the Legislature is hereby authorized and directed to enter into an agreement with IW for the Services to the County of Chemung, the terms and conditions of that agreement to be subject to the review and approval of the Attorney for the Legislature, at a total cost not to exceed $200,000 (100% Federal share [American Rescue Plan funds]) during the period June 1, 2022 through May 31, 2023; and, be it further

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

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

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

By:  Burin

Seconded by:  Briggs

            WHEREAS, the Chemung County Treasurer, in an effort to maximize the interest earnings of available liquid funds, in accordance with the Chemung County Investment Policy and strategic liquidity analysis, has requested authorization for the County of Chemung to participate in the NYCLASS Cooperative Investment Program (“NYCLASS”) which is available to any municipal corporation under New York State statute (including counties) at no financial cost to the County of Chemung; and

           WHEREAS, NYCLASS is structured in accordance with NYS General Municipal Law, (“GML”) Article 3-A and Article 5-G, Sections 119-n and o, and Chapter 623 of the Laws of 1998, and all NYCLASS investment and custodial policies are in accordance with GML, Sections 10 and 11 (as amended by Chapter 708 of the Laws of 1992); and

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

       RESOLVED, that the County of Chemung shall hereby participate in the NYCLASS Cooperative Investment Program at no financial cost to the County of Chemung; and, be it further

           RESOLVED, that the County Executive be and he hereby is authorized and directed to execute such documents as may be necessary for the County of Chemung to participate in NYCLASS, the terms and conditions of those documents to be subject to the review and approval of the County Attorney.

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

By:  Burin

Seconded by:  Briggs

         WHEREAS, the Chemung County Treasurer has requested authorization to enter into Letter of Engagement with The Actuarial Advantage (“AA”) for independent Workers Compensation Actuarial Valuation Services for a three-year period beginning January 1, 2022 and ending December 31, 2024 at a cost per year respectively of $5,100, $5,200, $5,300; and

         WHEREAS, the County Executive and the Budget Committee have recommended that the Chemung County Legislature authorize the Treasurer’s request; now, therefore, be it

         RESOLVED, that the County Executive is hereby authorized and directed to execute a Letter of Engagement with AA, the terms and conditions of the agreement to be subject to the review and approval of the County Attorney, for independent Worker’s Compensation Actuarial Valuation Services for a three-year period beginning January 1, 2022 and ending December 31, 2024 at a cost per year respectively of $5,100, $5,200, $5,300; 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Burin

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

HHDS Cultural Center and Hist. Soc. Restore stained glass windows/Zimm House  $5,000.00

City of Elmira             After-school Program – Neighborhood Transformation Center    $600.00

City of Elmira             Roof Replacement – Community Arts of Elmira                        $2,000.00

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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Woodard

Seconded by:  Sweet

            WHEREAS, pursuant to Resolution 17-439 and RFP-439 the Chemung County Legislature authorized an agreement with Genfare on behalf of the Chemung County Transit Board for the provision of the Automated Fare Collection System and software subscription and support services for the Chemung County Transit System (“C-TRAN”) which term expires on July 1, 2022; and

            WHEREAS, the Chemung County Commissioner of Planning, on behalf of the Chemung County Transit Board,  has requested authorization to extend the agreement with Genfare for software and support services for the Automated Fare Collection System for a period of three years; 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 execute and extended agreement with Genfare for the provision of software subscription and support services for the Automated Fare Collection System in the total amount of $76,408, (year 1: $24,720, year 2: $25,462, year 3: $26,226) (80% Federal share, 10% State share, 10% local share) during the period July 2, 2022 through July 1, 2025; and, be it

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

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

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

By:  Burin

Seconded by:  Sweet

            WHEREAS, the Commissioner of Human Services has requested authorization to enter into an agreement with Comprehensive Interdisciplinary Developmental Services, Inc. (“CIDS”) for CIDS to  provide various services to designated individuals on behalf of the Chemung County Departments of Social Services and Mental Hygiene during 2022 at a cost of $658,848 ($278,842 Federal share, $380,006 State 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 the aforementioned agreement with CIDS, the terms and conditions of that agreement to be subject to the approval of the County Attorney, for the period January 1, 2022 through December 31, 2022 at a cost of $658,848 ($278,842 Federal share, $380,006 State share);  and, be it further

             RESOLVED, that the agreement authorized by this Resolution shall be contingent upon the receipt by the County of Chemung of the Federal and State funding in the amounts more particularly described in the Preambles to this Resolution and upon the termination of all or a portion of either the Federal or State funding the agreement authorized by this Resolution shall terminate without further action by this Legislature or the County of Chemung; 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Burin

Seconded by:  Sweet

            WHEREAS, the Commissioner of Human Services has requested authorization to enter into a Professional Services Contract with COMET Informatics, LLC (“COMET”) for the provision by COMET of the Chemung County Integrated Information System for Children and Youth (“CIIS”) during the period January 1, 2022 through December 31, 2022 at a cost of $83,700 ($41,850 Federal share, $20,925 State share, $20,925 local share); 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 enter into a Professional Services Contract with COMET for the provision of the aforementioned services during the period January 1, 2022 through December 31, 2022 at a total cost of $83,700 ($41,850 Federal share, $20,925 State share, $20,925 local share), the terms and conditions of that agreement to be subject to the review and approval of the County Attorney, and, be it further

            RESOLVED,  that upon termination or the County’s failing to receive any of the Federal or State funding for any reason this agreement shall become null and void and of no further force and effect without further action by this Legislature; and, be it further

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

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

By:  Burin

Seconded by:  Sweet

            WHEREAS, the Commissioner of Human Services has advised this Legislature that the Southern Tier Assertive Community Treatment Team (“ACT Team”) has qualified for $33,485 (100% State share) in funding for 2022 from the New York State Office of Mental Health as part of the Southern Tier Transformation Plan for transportation and wrap services (the “Program”) of which the Chemung County Department of Mental Hygiene (“MH”) will retain a ten percent program administration fee of $3,348 and the ACT Team will receive $30,137 for the Program;  and

            WHEREAS, the Commissioner of Human Services has requested approval of a Memorandum of Understanding (the “MOU”) between the ACT Team and MH for the Program; and

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

            RESOLVED, that the County Executive is hereby authorized to execute an MOU between the ACT Team and MH for the Program during the period January 1, 2022 through December 31, 2022 with Chemung County retaining a ten percent administration fee of $3,348 (100% State share) for the administration of the Program on behalf of the ACT Team; and, be it further

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

            RESOLVED, that the agreement and the provision of services are contingent upon the receipt of the State monies in the amount set forth in the Preamble to this Resolution and in the event the County of Chemung should not receive those State monies or upon termination of the funding for any reason for any of the programs or services to be contracted for, that those programs or services, including personnel positions funded by the receipt of State monies, shall terminate without further action by this Legislature; and, be it further

            RESOLVED, that the 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Pastrick

Seconded by:  Sweet

   WHEREAS, funds are available from the New York State Division of Criminal Justice Services, Office of Probation and Correctional Alternatives (“NYS”), to the County of Chemung for the provision by the County of probation services, including Enhanced Services for Sex Offenders/Sex Offenders Registration Act (ESSO/SORA) (collectively the “Services”), during the period July 1, 2022 through June 30, 2023; and

      WHEREAS, the Probation Director has requested authorization to apply for and to accept funds in the amount of $302,571 (100% state share) from NYS; and

     WHEREAS, the County Executive and the Corrections and Law Enforcement Committee have recommended that the Chemung County Legislature approve the application for and the acceptance of such grant; now, therefore, be it

    RESOLVED, that the County Executive is hereby authorized and directed to execute a grant application and subsequent agreement with NYS for funding in the amount of $302,571 (100% State share) for the Services to be provided during the period July 1, 2022 through June 30, 2023, the terms and conditions of the grant application and subsequent agreement to be subject to the review and approval of the County Attorney; and, be it further

    RESOLVED,  that the Services shall be contingent upon receipt by the County of State funding in the amount set forth in the preamble to this Resolution and that in the event the County does not receive that State funding or upon termination of all or any portion of the State funding for any reason for any of the programs or services to be contracted for, that those programs or services, including personnel positions funded by the receipt of State monies, shall also terminate without further action by this Legislature; 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Pastrick

Seconded by:  Sweet

            WHEREAS, the Chemung County District Attorney has requested authorization to apply for and to accept Crimes Against Revenue Program Grant funding from the New York State Division of Criminal Justice Services (“NYSDCJS”) (Contract #C445377) to enhance investigation of financial crimes that deprive the State of revenue the amount of $64,170 (100% State share) during Fiscal Year 2022 to cover the grant 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 such request; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to make application for the aforementioned funding from NYSDCJS in the amount of $64,170 (100% State share) (Contract # C445377) during Fiscal Year 2022 to cover the grant period January 1, 2022 through December 31, 2022 as part of the overall funding for the Crimes Against Revenue Program Grant funding; 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 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, any and all agreements shall expire and all benefits and services, including personnel, shall terminate without further action by this Legislature; and, be it further

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

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

By:  Pastrick

Seconded by:  Sweet

            WHEREAS, the Chemung County District Attorney has requested authorization to apply for and to accept Aid to Prosecution Grant funding from the New York State Division of Criminal Justice Services (“NYSDCJS”) to enhance prosecution and investigation through increased efficiencies by maintaining experienced prosecutors in the amount of $47,911(100% State share) (Contract # C445015) during Fiscal Year 2022 to cover the grant period October 1, 2019 through September 30, 2020; 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 NYSDCJS in the amount of $47,911 (100% State share) during Fiscal Year 2022 to cover the grant period October 1, 2019 through September 30, 2020 as part of the overall funding for the Aid To Prosecution Grant funding; 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, any and all agreements shall expire and all benefits and services, including personnel, shall terminate without further action by this Legislature; and, be it further

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

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

By:  Pastrick

Seconded by:  Sweet

            WHEREAS, the Chemung County District Attorney has requested authorization to apply for and to accept Aid to Prosecution Grant funding from the New York State Division of Criminal Justice Services (“NYSDCJS”) to enhance prosecution and investigation through increased efficiencies by maintaining experienced prosecutors in the amount of $47,911(100% State share) (Contract # T445237) during Fiscal Year 2022 to cover the grant period April 1, 2021 through March 31, 2022; 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 NYSDCJS in the amount of $47,911 (100% State share) (Contract #T445237) during Fiscal Year 2022 to cover the grant period April 1, 2021 through March 31, 2022 as part of the overall funding for the Aid To Prosecution Grant funding; 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, any and all agreements shall expire and all benefits and services, including personnel, shall terminate without further action by this Legislature; and, be it further

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

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

By:  Pastrick

Seconded by:  Sweet

            WHEREAS, the Chemung County District Attorney has requested authorization to apply for and to accept Aid to Prosecution Grant funding from the New York State Division of Criminal Justice Services (“NYSDCJS”) to enhance prosecution and investigation through increased efficiencies by maintaining experienced prosecutors in the amount of $47,911(100% State share) during Fiscal Year 2022 to cover the grant period April 1, 2022 through March 31, 2023; 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 NYSDCJS in the amount of $47,911 (100% State share) during Fiscal Year 2022 to cover the grant period April 1, 2022 through March 31, 2023 as part of the overall funding for the Aid To Prosecution Grant funding; 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, any and all agreements shall expire and all benefits and services, including personnel, shall terminate without further action by this Legislature; and, be it further

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

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

By:  Burin

Seconded by:  Sweet

            WHEREAS, the Chairman of the Chemung County Legislature has requested authorization to enter into an agreement with The Chautauqua Center, Inc. (“TCC”) for the establishment by TCC of  a Federally Qualified Health Center (“FQHC”) with the award being provided for TCC’s acquisition of location/space, equipment and supplies (the “Services”) whereby TCC would receive a fixed amount sub award from Chemung County not to exceed $1,000,000 (100% Federal share [American Rescue Plan funds]) distribution of the award being contingent upon TCC receiving all required State approval need to operate a facility in Chemung County as an FQHC and contingent upon TCC committing to operate the FQHC in Chemung County for at least five (5) years or the funding shall be returned; and

            WHEREAS, the purpose of this agreement is to carry out in a legal and proper manner the provisions of the Federal “American Rescue Plan Act of 2021” (“ARPA”) and the County Law of the State of New York, and to provide for the transfer of ARPA money received by the County of Chemung, in consideration of the said The Chautauqua Center (a New York State Not-for-Profit Corporation) using the funding to establish an FQHC to be operated in Chemung County, the award to be used for capital procurement and/or renovation; and

            WHEREAS, upon establishment, the FQHC will operate as an independent (non-County) medical facility with no part of operations funded by the County, which fills a void in provision of medical services, particularly to the underserved, impoverished, and Medicaid populations, in part because FQHC’s receive higher Medicaid reimbursement than hospitals and primary care providers; and

            WHEREAS,  the County has evaluated and is satisfied that TCC presents a low to negligible risk of non-compliance based upon its prior experience, personnel, and ability to oversee and carryout the objectives of the agreement, and will operate and manage the award as a “sub recipient” under 2CFR§200.331(a); and

            WHEREAS, monies furnished by the County hereunder will be transferred for the above in conformity with ARPA 602 (c)(3), and making TCC  a “sub recipient” of ARPA funds; and

            WHEREAS, Chemung County shall monitor compliance in accordance with

2CFR§200.332(d)-(g) and other applicable regulations and the County’s Sub Recipient Monitoring Plan; and

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

            RESOLVED, that the Chemung County Legislature does hereby authorize TCC as a “sub recipient” of ARPA funding an amount not to exceed ONE MILLION DOLLARS ($1,000,000) for TCC to procure and /or renovate location/space, and procure equipment and supplies to establish operation of an FQHC in Chemung County; and, be it further

            RESOLVED, that the Chairman of the Legislature is hereby authorized and directed to enter into an agreement with TCC for the Services to the County of Chemung, the terms and conditions of that agreement to be subject to the review and approval of the Attorney for the Legislature, at a total cost not to exceed $1,000,000 (100% Federal share [American Rescue Plan funds]); and, be it further

            RESOLVED, that the agreement to be signed shall be a binding commitment for funding upon execution such that TCC may rely upon it to solicit approval to operate an FQHC in Chemung County and the agreement must contain the contingency that TCC receive all required State and/or Federal approval needed to operate a facility in Chemung County as an FQHC before the funding is released to TCC; and the agreement shall also contain the contingency that TCC commit to operate the FQHC in Chemung County for at least five (5) years or the funding shall be returned to the County at a rate of 20% for each full year less than five (5) years of operation; and, be it further

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

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

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

By:  Burin

Seconded by:  Sweet

            WHEREAS, the Chemung County Treasurer has requested authorization to enter into an agreement with GST-BOCES for the administration and maintenance of the County’s tax bill support and printing service (collectively the “Services”) for a one-year term beginning July 1, 2022 and ending June 30, 2023 at a cost to the County of Chemung of $51,613;  and

            WHEREAS, the County Executive and the Budget 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 GST-BOCES for the Services for a one-year term beginning July 1, 2022 and ending June 30, 2023 at a cost to the County of Chemung of $51,613, the terms and conditions of that agreement to 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 amended without the express consent by Resolution of this Legislature.

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

By:  Burin

Seconded by: Pastrick

            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:

Transfers:

$94,500 from 10 1990 1990 50408 - Contingency

            To 10 9522 0 50900.1 - Transfer to Highway

Appropriations:

Inc. Rev. Acct. 20 0000 0 42810 - Contributions – General Fund                            $94,500

Inc. App. Acct. 20 5010 0 50446 - Intra Fund Transfer Account                               $94,500

Inc. Rev. Acct. 21 0000 0 42822 - Non Departmental Revenue                                $94,500

Inc. App. Acct. 21 5130 0 50418 - Gasoline, Fuel & Oil                                            $94,500

Inc. Rev. Acct. 10 1165 1165 42770 - Unclassified Revenue                                    $10,000

Inc. App. Acct. 10 1165 1165 50409 - Miscellaneous                                                $10,000

Inc. Rev. Acct. 10 1460 1461 42798 - Shared Services Revenue                              $4,644

Inc. App. Acct. 10 1460 1461 50202 - Equip. over $999.99                                        $4,644

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

By:  Burin

Seconded by:  Pastrick

            WHEREAS, the Chairman of the Legislature has requested the following transfer in the Chemung County Legislative accounts; and

            WHEREAS, the County Legislature is not an administrative unit of County Government and is not included within the intra-fund transfers which require the County Executive’s approval; and

            WHEREAS, the same has been reviewed by the Budget Committee and they recommend that the Chemung County Legislature approve the intra-fund transfer requested by the Chairman; now, therefore, be it

            RESOLVED, that the County Treasurer be and hereby is authorized to transfer funds in the County Legislative Budget in the following amounts, to wit:

$1,500 from 10 1040 1040 50404 – Travel Employee

            To 10 1040 50202 - Equipment over $500

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

By:  Burin

Seconded by:  Pastrick

            WHEREAS, the County Executive has requested that $38,750 be transferred from Contingency to the Chemung County Stormwater Team to restore funding for the Educator’s position; and

            WHEREAS, Stormwater Education is required by the Federal and State governments for all Municipal Separate Stormwater Sewer System communities; and

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

            RESOLVED, that the Chemung County Treasurer be and hereby is authorized to transfer $38,750 from account 10 1990 1990 50408 - Contingency to the Chemung County Stormwater Team.

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

By:  Burin

Seconded by:  Pastrick

            WHEREAS, the Director of Budget and Research has advised this Legislature that the Capital Program of the County of Chemung as contained in the 2022 Chemung County Budget adopted by the Chemung County Legislature on December 6, 2021, should be revised to include additional funding in the amount of $211,200,000 for the construction costs for the proposed construction of the Wastewater Treatment Plant Consolidation Project (treatment plant and conveyance) (the “Project”); and

            WHEREAS, the County Executive and the Budget Committee have recommended that the Chemung County Legislature include the Project costs within the 2022 Capital Program; now, therefore, be it

            RESOLVED,  that the Chemung County Legislature does hereby approve the amendment of the Capital Program of the County of Chemung as contained in the 2022 Chemung County Budget adopted on December 6, 2021 to include the Project at cost of $211,200,000; and, be it further

            RESOLVED, that the acquisition of any equipment or the undertaking of any Project as contained in the 2022 Capital Program, as amended, must comply with all provisions of Section 103 of the General Municipal Law, all provisions of the State Environmental Quality Review Act, the policies of the County as they relate to the purchase of equipment and procurement of services by the County, and the laws, rules and regulations governing the borrowing of monies by the County to pay for capital acquisitions.

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

By:  Burin

Seconded by:  Pastrick

            WHEREAS, the Chemung County Hotel Tax Collection and Disbursement Committee (the “Committee”) has presented its recommendation for the distribution of the 2021 room tax revenues; 

            WHEREAS, the County Executive and the Budget Committee have recommended that the Chemung County Legislature approve the recommendation of the Committee; now, therefore, be it

            RESOLVED, that the Chemung County Legislature does hereby designate and approve the distribution of the 2021 Room Tax Revenue as recommended by the Committee as follows:

Organization                                                             Amount

Chemung County Chamber of Commerce                 $230,575

Chemung County Historical Society                           $    5,000

Eldridge Park Carousel Preservation Society, Inc.     $  17,500

Elmira Downtown Development                                 $    5,000

Friends of the Chemung River Watershed                 $  15,000

Friends of the Elmira Civil War Prison Camp             $  20,000

Harris Hill Soaring Corporation                                   $    2,500

National Soaring Museum                                          $  10,000

Tanglewood Comm. Nature Center, Inc.                    $  15,000

Town of Horseheads                                                   $  12,000

Wings of Eagles Discovery Center                             $  12,000

TOTAL                                                                         $344,575

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

By:  Sweet

Seconded by:  Briggs

            WHEREAS, sealed bids, pursuant to RFB-2405, were received and opened on April 1, 2022 for Airport Rescue & Firefighting Building Rehabilitation (the “Project”); and

            WHEREAS, by letter dated April 8, 2022, McFarland Johnson (“MJ”), Project Engineer for the Project has recommended that Contract 1 - General Trades Construction be awarded to Edger Enterprises of Elmira, Inc. as the lowest responsible bid meeting all bid specifications for the Project; and

            WHEREAS, the County Executive and the Aviation Committee have reviewed the bid specifications, the bids submitted, the recommendation of MJ and they all recommend the Chemung County Legislature award the bid to the lowest responsible bidder meeting all bid specifications for the General Trades Construction for the Project (Contract 1) i.e., Edger Enterprises of Elmira, Inc. (“Edger”), as more particularly described in the bid submitted by Edger; now, therefore, be it

            RESOLVED, that the Chemung County Legislature does hereby find that Edger is the lowest responsible bidder meeting all bid specifications for the Contract 1 of the Project; and, be it further

            RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Edger for General Trades Construction as more specifically set forth in the bid submitted by Edger; and, be it further

            RESOLVED, that the terms and conditions of the agreement between the County of Chemung and Edger 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Sweet

Seconded by:  Briggs

       WHEREAS, sealed bids, pursuant to RFB-2405, were received and opened on April 1, 2022 for Airport Rescue & Firefighting Building Rehabilitation (the “Project”); and

       WHEREAS, by letter dated April 8, 2022, McFarland Johnson (“MJ”), Project Engineer for the Project has recommended that Contract 2 – Plumbing Construction be awarded to Kimble, Inc. as the lowest responsible bid meeting all bid specifications for the Project; and

         WHEREAS, the County Executive and the Aviation Committee have reviewed the bid specifications, the bids submitted, the recommendation of MJ and they all recommend the Chemung County Legislature award the bid to the lowest responsible bidder meeting all bid specifications for the Plumbing Construction for the Project (Contract 2) i.e., Kimble, Inc. (“Kimble”), as more particularly described in the bid submitted by Kimble; now, therefore, be it

        RESOLVED, that the Chemung County Legislature does hereby find that Kimble is the lowest responsible bidder meeting all bid specifications for Contract 2 of the Project; and, be it further

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

      RESOLVED, that the terms and conditions of the agreement between the County of Chemung and Kimble 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Sweet

Seconded by:  Briggs

         WHEREAS, sealed bids, pursuant to RFB-2405, were received and opened on April 1, 2022 for Airport Rescue & Firefighting Building Rehabilitation (the “Project”); and

         WHEREAS, by letter dated April 8, 2022, McFarland Johnson (“MJ”), Project Engineer for the Project has recommended that Contract 3 – Mechanical (HVAC) Construction be awarded to AFT Mechanical, Inc. as the lowest responsible bid meeting all bid specifications for the Project; and

          WHEREAS, the County Executive and the Aviation Committee have reviewed the bid specifications, the bids submitted, the recommendation of MJ and they all recommend the Chemung County Legislature award the bid to the lowest responsible bidder meeting all bid specifications for the Mechanical (HVAC) Construction for the Project (Contract 3) i.e., AFT Mechanical, Inc. (“AFT”), as more particularly described in the bid submitted by AFT; now, therefore, be it

       RESOLVED, that the Chemung County Legislature does hereby find that AFT is the lowest responsible bidder meeting all bid specifications for Contract 3 of the Project; and, be it further

        RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with AFT for Mechanical (HVAC) Construction as more specifically set forth in the bid submitted by AFT; and, be it further

      RESOLVED, that the terms and conditions of the agreement between the County of Chemung and AFT 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Sweet

Seconded by:  Briggs

     WHEREAS, sealed bids, pursuant to RFB-2405, were received and opened on April 1, 2022 for Airport Rescue & Firefighting Building Rehabilitation (the “Project”); and

      WHEREAS, by letter dated April 8, 2022, McFarland Johnson (“MJ”), Project Engineer for the Project has recommended that Contract 4 – Electrical Construction be awarded to Schuler-Haas Electric Corp. as the lowest responsible bid meeting all bid specifications for the Project; and

       WHEREAS, the County Executive and the Aviation Committee have reviewed the bid specifications, the bids submitted, the recommendation of MJ and they all recommend the Chemung County Legislature award the bid to the lowest responsible bidder meeting all bid specifications for the Electrical Construction for the Project (Contract 4) i.e., Schuler-Haas Electric Corp. (“Schuler”), as more particularly described in the bid submitted by Schuler; now, therefore, be it

      RESOLVED, that the Chemung County Legislature does hereby find that Schuler is the lowest responsible bidder meeting all bid specifications for Contract 4 of the Project; and, be it further

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

    RESOLVED, that the terms and conditions of the agreement between the County of Chemung and Schuler 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Strange

Seconded by:  Briggs

    WHEREAS, sealed bids, pursuant to RFB-2427, were received and opened on May 4, 2022 for Cold Milling (2022-2023); and

    WHEREAS, the Chemung County Commissioner of Public Works and the Director of Purchasing have recommended the acceptance of the lowest responsible bid meeting all bid specifications for the Cold Milling; and

       WHEREAS, the County Executive and the Highway Committee have reviewed the bid specifications, the bids submitted, the recommendations of the Directors and they all recommend the Chemung County Legislature award the bid to the lowest responsible bidder meeting all bid specifications for the Cold Milling i.e., Bothar Construction (“Bothar”), and for Cold Milling (down cut milling only) i.e. Suit-Kote (“SK”) as more particularly described in the bids submitted by Bothar and SK; now, therefore, be it

      RESOLVED, that the Chemung County Legislature does hereby find that Bothar and SK are the lowest responsible bidders meeting all bid specifications for the Cold Milling; and, be it further

     RESOLVED, that the County Executive is hereby authorized and directed to enter into agreements with Bothar and SK, subject to the review and approval of the County Attorney,  for cold milling as more specifically set forth in the bids submitted by Bothar and SK; and, be it further

       RESOLVED, that the agreements 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

            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, PC67235,  and PC68170 – Environmentally Preferred Lighting) for the provision of LED lighting for a Lighting Upgrade Project (the “Project”) for the Department of Public Works Facility at a total cost of $20,000; 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, PC67235, and PC68170) for the Project at a total cost not to exceed $20,000; 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

    WHEREAS, sealed bids, pursuant to RFB-2372, were received and opened on March 4, 2022 for CCSD Administration Building HVAC Improvements  (the “Project”); and

  WHEREAS, by letter dated March 11, 2022, Arcadis, the Project Engineer, has recommended the acceptance of the lowest responsible bids meeting all bid specifications for the Project (Matco Electric Corporation – Contract 1A [Electrical] , and Kimble, Inc. Contract 1B [HVAC])

      WHEREAS, the County Executive and the Multi-Services Committee have reviewed the bid specifications, the bids submitted, the recommendations of Arcadis 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., Matco Electric Corporation (“Matco”) and Kimble, Inc. (“Kimble”), as more particularly described in the bids submitted by Matco and Kimble; now, therefore, be it

    RESOLVED, that the Chemung County Legislature does hereby find that Matco is the lowest responsible bidder meeting all bid specifications for Contract 1A (Electrical) for the Project; and, be it further

    RESOLVED, that the Chemung County Legislature does hereby find that Kimble is the lowest responsible bidder meeting all bid specifications for Contract 1B (HVAC) for the Project; and, be it further

    RESOLVED, that the County Executive is hereby authorized and directed to enter into  agreements with Matco and Kimble for the Project as more specifically set forth in the bids submitted by Matco and Kimble; and, be it further

    RESOLVED, that the terms and conditions of the agreements between the County of Chemung and Matco and the County of Chemung and Kimble 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 term thereof extended, or the agreement amended without express consent by Resolution of this Legislature.

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

By:  Woodard

Seconded by:  Briggs

    WHEREAS, sealed bids, pursuant to RFB-2403, were received and opened on April 29, 2022 for WWTP Site Preparation Contract 2 (Earthworks)  (the “Project”); and

     WHEREAS, by letter dated May 5, 2022, Arcadis, the Project Engineer, has recommended the acceptance of the lowest responsible bids meeting all bid specifications for the Project (Bothar Construction, LLC); and

      WHEREAS, the County Executive and the Multi-Services Committee have reviewed the bid specifications, the bids submitted, the recommendation of Arcadis 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., Bothar Construction. LLC (“Bothar”), as more particularly described in the bids submitted by Bothar; now, therefore, be it

    RESOLVED, that the Chemung County Legislature does hereby find that Bothar is the lowest responsible bidder meeting all bid specifications for Site Preparation - Contract 2 (Earthworks) for the Project; and, be it further

     RESOLVED, that the County Executive is hereby authorized and directed to enter into  an agreement with Bothar for the Project as more specifically set forth in the bids submitted by Bothar; and, be it further

   RESOLVED, that the terms and conditions of the agreement between the County of Chemung and Bothar 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Sweet

            WHEREAS, the County Executive, Christopher J. Moss, by letter dated April 22, 2022 has filed with the Clerk of the Legislature the appointment, pursuant to Article XXII, Section 2201 of the Chemung County Charter, of Jennifer LaBeau to the position of Public Defender effective June 14, 2022; now, therefore, be it

            RESOLVED, that the Chemung County Legislature does hereby confirm the  appointment by the County Executive of Jennifer LaBeau to the position of Chemung County Public Defender effective June 14, 2022 to serve at the pleasure of the County Executive; and, be it further

            RESOLVED, that the Chemung County Public Defender shall receive an annual salary of $106,000.

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

By:  Chalk

Seconded by:  Sweet

            WHEREAS, the Chemung County District Attorney (“D.A.”) has requested the re-creation of a full-time Assistant District Attorney position, Single Rate Grade 8, $64,110 - $99,494 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 D.A.’s request; now, therefore, be it

            RESOLVED, that one full-time Assistant District Attorney position be and the same hereby is re-created, effective June 14, 2022 for the Chemung County District Attorney’s Office; and, be it further

            RESOLVED, that the D.A. is hereby authorized and directed to fill one full-time Assistant District Attorney position, Single Rate Grade 8, $66,110 - $99,494 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Sweet

            WHEREAS, the Chemung County Public Advocate  (“P.A.”) has requested the re-creation of a full-time Assistant Public Advocate position, Single Rate Grade 8, $64,110 - $99,494 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 P.A.’s request; now, therefore, be it

            RESOLVED, that one full-time Assistant Public Advocate position be and the same hereby is re-created, effective June 14, 2022 for the Chemung County Public Advocate’s Office; and, be it further

            RESOLVED, that the P.A. is hereby authorized and directed to fill one full-time Assistant Public Advocate position, Single Rate Grade 8, $66,110 - $99,494 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Sweet

            WHEREAS, the Commissioner of the Chemung County Department of Public Works has requested the re-creation of a full-time Public Works Specialist I/II position, CSEA Grade 6 and 7, $18.00 - $22.48 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 Commissioner’s request; now, therefore, be it

            RESOLVED, that one full-time Public Works Specialist I/II position be and the same hereby is re-created, effective June 14, 2022 for the Chemung County Department of Public Works; and, be it further

            RESOLVED, that the Commissioner is hereby authorized and directed to fill one full-time Public Works Specialist I/II position, CSEA Grade  6 and 7, $18.00 - $22.48 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, Sonsire, Woodard, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Burin (Vice-Chairman) (13); Excused:  Brennan, Manchester (2); Opposed:  None (0)

By:  Chalk

Seconded by:  Sweet

         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 Sheriff has requested that this Legislature re-create one full-time Corrections Officer position due to the retirement of an employee; and

         WHEREAS, the aforementioned position is contained within the Staffing Plan for the Chemung County Jail; and

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

         RESOLVED, that the following position be and the same is hereby re-created effective June 14, 2022:

 CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES

  POSITION                                       SALARY/WAGE                   REIMBURSEMENT

     (1) full–time Correction Officer        $21.61-$32.36 per hour                              0%

and, be it further

         RESOLVED, that the Sheriff be and he hereby is authorized and directed to fill the aforementioned position 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.

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

By:  Chalk

Seconded by:  Sweet

     WHEREAS, the Administrator for the Chemung County Nursing Facility has requested the creation of three full-time Activities Aides and two part-time Activities Aides position to be in compliance with new legislation that requires an increase in the time spent on activities per resident; and

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

     RESOLVED, that three full-time Activities Aides positions and two part-time Activities Aides positions be and the same are hereby created effective June 14, 2022; and, be it further

     RESOLVED, that the Administrator be and she hereby is authorized and directed to fill the following positions:

CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES

 POSITION                                         SALARY/WAGE                  REIMBURSEMENT

 (3) Full-time Activities Aides         CSEA Grade 2A/$13.79-$17.93/hour           90%

 (2) Part-time Activities Aides         CSEA Grade 2A/$13.79-$17.93/hour           90%

 and, be it further

   RESOLVED, that the aforementioned positions are to be filled subject to Civil Service requirements and said wage is 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 either the Federal or State reimbursement referred to in the Preamble to this Resolution the position authorized by this Resolution shall automatically terminate without further action by this Legislature.

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

By:  Chalk

Seconded by:  Sweet

      WHEREAS, the Chemung County Director of Public Health has requested the creation of two Public Health Coordinator positions to better meet the needs of the Department; and

      WHEREAS, the Public Health Coordinator position was classified and approved by the Regional Civil Service Commission on April 5, 2022

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

     RESOLVED, that two full-time Public Health Coordinator positions be and the same are hereby created effective June 14, 2022; and, be it further

    RESOLVED, that the Director be and he hereby is authorized and directed to fill the following positions:

CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES

 POSITION                                         SALARY/WAGE                  REIMBURSEMENT

 (2) Full-time Public Health Coordinators   SR Grade 7/$60,064 salary          85%

 and, be it further

    RESOLVED, that the aforementioned positions are to be filled subject to Civil Service requirements and said wage is 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 either the Federal or State reimbursement referred to in the Preamble to this Resolution the position authorized by this Resolution shall automatically terminate without further action by this Legislature.

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

By:  Woodard

Seconded by:  Strange

            WHEREAS,  pursuant to Section 303-b of the Agricultural and Markets Law a thirty-day comment period was held to determine if any landowner desired to submit prior to the established review period of that district a request for inclusion of land which is predominantly viable agricultural land within a certified agricultural district; and

            WHEREAS,  those requests to the County of Chemung were referred to the Chemung County Agricultural and Farmland Protection Board for its review and recommendation pursuant to Agricultural and Markets Law Section 303-b subdivision 2(a); and

            WHEREAS, the Chemung County Agricultural and Farmland Protection Board and the Chemung County Planning Board have heretofore submitted reports recommending certain land be included in the Chemung County Agricultural District, that land having been determined to be predominantly viable agricultural land and the inclusion of such land will serve the public interest by assisting in maintaining a viable agricultural industry within the District; now, therefore, be it

            RESOLVED,  that a public hearing be held pursuant to Section 303-b, subdivision 3 of the Agriculture and Markets Law, and that at the public hearing the Legislature shall receive any public comment pertaining to any requests for inclusion of land within a certified agricultural district as well as the reports of the Chemung County Agricultural and Farmland Protection Board and the Chemung County Planning Board recommending the inclusion of certain land in a certified agricultural district; and, be it further

            RESOLVED,  that the Clerk of the Chemung County Legislature be and hereby is authorized to publish and post as required by law the following notice of public hearing to wit:

CHEMUNG COUNTY LEGISLATURE NOTICE OF HEARING ON ANNUAL REVIEW PERIOD FOR INCLUSION OF REAL PROPERTY IN EXISTING CHEMUNG COUNTY AGRICULTURAL DISTRICTS

            NOTICE is hereby given that a public hearing will be held pursuant to Section 303-b of the Agriculture and Markets Law by the County Legislature of the County of Chemung, State of New York, in the Chambers of the Chemung County Legislature located at 203 Lake Street, Elmira, New York, on the 5th day of July, 2022 at 6:50 p.m. to consider the requests and recommendations of the Chemung County Agricultural and Farmland Protection Board and the Chemung County Planning Board relative to the proposed modification of the Chemung County Agricultural District  to include the following real properties:  Town of Baldwin tax parcels 82.00-1-44.0, 82.00-1-45-1, 82.00-1-44-2

A description and map of the proposed modifications to the Chemung County Agricultural District and the recommendation of the Chemung County Agricultural and Farmland Protection Board and the Chemung County Planning Board may be examined in the Office of the Clerk of the Chemung County Legislature, 203 Lake Street, Elmira, New York during normal business hours, 8:30 a.m. to 4:30 p.m. prevailing time, Monday through Friday.  All parties in interest and citizens will be heard by the Chemung County Legislature at the public hearing.

and, be it further

            RESOLVED, that the Clerk of the Chemung County Legislature be and hereby is authorized and directed to print a notice of such hearing in the official newspaper having a general circulation of the area within the County, shall give written notice to the municipalities whose territory encompass the lands which are proposed to be included in an agricultural district, and shall give written notice to the Commissioner of Agriculture and Markets as required by law.

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

By:  Sweet

Seconded by:  Strange

            RESOLVED, that a public hearing will be held relative to a proposed four-year lease agreement with Corning Incorporated on behalf of the Elmira Corning Regional Airport during the period December 1, 2022 through November 30, 2026. The terms of the lease to be paid to the County of Chemung are as follows:

Field use charges - $1,757.55 per month per aircraft (rate adjusted annually by the Consumer Price Index)

Rental of 7,000 square foot parcel - $3,919.98 annually (rate adjusted annually by the Consumer Price Index)

Fuel Flowage Fee for all fuel that is pumped into all aircraft based, owned, or leased

which public hearing will be held on the 5^th day of July 2022 at 6:55 p.m. in the Chambers of the Chemung County Legislature, 5^th floor, Hazlett Building, 203 Lake Street, Elmira, New York;  and, be it further

            RESOLVED, that the Notice of Public Hearing shall be published in the official newspapers of Chemung County as provided by law.

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

EXHIBIT “a”

AN APPLICATION OF THE COUNTY OF CHEMUNG

FOR consent by THE STATE COMPTROLLER

TO expenditures for the CHEMUNG county ELMIRA sewer district

PURSUANT TO SECTION 268

OF THE county LAW

TO THE COMPTROLLER OF THE STATE OF NEW YORK

State Department of Audit and Control

110 State Street

14th Floor

Albany, New York  12236

Sir:

The petition of the County Legislature of the County of Chemung, State of New York for consent to expenditures for the County’s Elmira Sewer District, pursuant to Section 268 of the County Law, respectfully shows:

(a)        Documents and information required to be included by the provisions of County Law pursuant to which this Application is being made:

             --          Map, Plan and Estimate of Cost (Wastewater Treatment Plan Consolidation Preliminary Design Engineering Report -                                  Attachment #1).

             --          Notice of Hearing (Attachment #2).

             --          Public Interest/Determinations Resolution Approving the Application (Attachment #3).

(b)        The proposed expenditures relate to improvements to decommissioning of the Lake Street Wastewater Treatment Plant (WWTP), pumping and screeing improvements at the Lake Street WWTP, conveyance of flows from Sewer District No. 1 to the Milton Street WWTP, and upgrades at the Milton Street WWTP to accommodate the consolidated flows and comply with SPDES permit effluent requirements, all in connection with a master consolidation plan for treatment of wastewater.

(see Attachment #1 – Wastewater Treatment Plant Consolidation, Preliminary Design Engineering Report).

All work has been designed by a currently licensed New York State Professional Engineer.

(c)        The maximum cost of the proposed improvements is $235,000,000 of which $133,207,688 is the District’s share, all as further broken out in the map, plan and estimate of cost.

(d)       In considering its determination that the proposed improvements are in the public interest, the County Legislature considered the content of the map, plan and estimate of cost to conclude that the proposed improvements are necessary and all property upon which the user charges are to be imposed will be benefited by the improvements and no benefited property has been excluded.

(e)        The proposed method of financing the cost of the improvements shall be through a combination of grants and low-interest loans. The Clean Water State Revolving Loan Fund (CWSRF), administered by the New York State Environmental Facilities Corporation (EFC), provides 20-30 year term low-interest or interest-free loans for wastewater infrastructure financing. Interest-free (hardship) financing is awarded based on project score and Median Household Income (MHI). Projects are scored based on factors such as consolidation of infrastructure, regulatory compliance, environmental health, aesthetics, service of environmental justice areas, and financial need. Based on the nature and scope of the proposed project, it is likely that the County will qualify for up to $20 million of interest-free hardship financing from EFC. In addition, the County has been awarded a Water Quality Improvement Program (WQIP) grant of $10 million and a Water Infrastructure Improvement Act (WIIA) grant of $25 million. It is estimated that the project balance in excess of grant funding and hardship financing will be financed with a low-interest loan from the EFC. For the purpose of this funding scenario, an annual interest rate of 2 percent and a loan term of 30 years was assumed for any borrowing beyond grant and hardship awards. For purposes of project bond resolutions, the most conservative scenario in which no grants or hardship funding were awarded was assumed. Three funding scenarios are presented in the attached Project Debt Summary Table prepared as part of the detailed design of the Project. For purposes of project bond resolutions, the most conservative scenario in which no grants or hardship funding were awarded was assumed.

This proposed financing is deemed reasonable under current market conditions.

(f)        There is no increased operating and maintenance cost to the District as a result of the proposed improvements. Improvements to the facilities are anticipated to increase overall operations and maintenance costs for the County by approximately $965,000 in an average year.  This calculation includes both the reduction in overall operations and maintenance costs due to consolidation as well as the added operational costs for new processes needed to meet regulatory requirements for the facilities.  Cost increases are driven by increased chemical usage and an additional disinfection treatment train at the Regional WWTP.

(g)        Debt Service for the proposed serial bonds shall be raised through user charges imposed and collected from the several lots and parcels within the District, and based on Equivalent Dwelling Units (EDUs) as defined in Section 1.6 of Attachment 1 – Wastewater Treatment Plant Consolidation, Preliminary Design Engineering Report.

(h)        The aggregate assessed valuation of the taxable property within the District as shown on the latest completed assessment rolls is $___1,325,302,815________.

(i)         This application for consent to the expenditures for the improvements is not being made under Section 54 or 209-q of Town Law.

(j)         There is no allocation of costs of the proposed improvements in Zones of Assessment in the District.

(k)        The average full valuation of the taxable real property of the County, computed pursuant to the first paragraph of subdivision seven-a of section 2.00 of the Local Finance Law is

$  4,477,323,623.

(l)         The County has completed a debt statement and is attached as Exhibit A.

(m)       The current tax rates applicable to the taxable real property which will bear the cost of the proposed improvements are attached as Exhibit B.

(n)        The assessed valuation of a “typical property” in the District is $_52,708___________.

(o)        It is estimated that the typical property owner in the District will be required to pay the total shown below in the first year following approval of the Application (calculated as set forth below):

(p)        The maximum amount any real property owner (describe) will be required to pay in the first year following approval of this Application, if granted (calculated as set forth below), is as follows:

(q)        The area which will bear the cost of the proposed District improvements contains [“state lands”, however, they are all wholly exempt from County sewer district capital costs].

(r)        No part of the area which will bear the cost of the proposed District improvements is wholly or partially within an existing or proposed agricultural district.

(s)        The population of the District is __35,700_____.  The number of one family homes in the District is approximately ___6,947______.  The number of two family homes in the District is approximately _ 3,460_. [The various improvements contemplated are not predicated on any future development plans but should accommodate general growth throughout the District].

(t)        It is not contemplated at this time that sewer service will be sold to users outside the District.

(u)        [Any consent order (Exhibit D)].

(v)        The County has conducted a number of formal and informal meetings and discussions with the interested parties concerning the improvements proposed.

(w)       The County has not received any written objections from any of the owners of the real property that will bear the cost of the improvements.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

AYES:  13

NAYS:  0

EXCUSED:  2

The resolution was thereupon declared duly adopted.

Exhibit “A”

AN APPLICATION OF THE COUNTY OF CHEMUNG

FOR consent by THE STATE COMPTROLLER

TO expenditures for the CHEMUNG county sewer district No. 1

PURSUANT TO SECTION 268

OF THE county LAW

TO THE COMPTROLLER OF THE STATE OF NEW YORK

State Department of Audit and Control

110 State Street

14th Floor

Albany, New York  12236

Sir:

The petition of the County Legislature of the County of Chemung, State of New York for consent to expenditures for the County’s Sewer District #1, pursuant to Section 268 of the County Law, respectfully shows:

(a)        Documents and information required to be included by the provisions of County Law pursuant to which this Application is being made:

    --          Map, Plan and Estimate of Cost (Wastewater Treatment Plant Consolidation Preliminary Design Engineering Report -                  Attachment #1).

    --          Notice of Hearing (Attachment #2).

    --          Public Interest/Determinations Resolution Approving the Application (Attachment #3).

 (b)       The proposed expenditures relate to improvements to decommissioning of the Lake Street Wastewater Treatment Plant (WWTP), pumping and screeing improvements at the Lake Street WWTP, conveyance of flows from Sewer District No. 1 to the Milton Street WWTP, and upgrades at the Milton Street WWTP to accommodate the consolidated flows and comply with SPDES permit effluent requirements, all in connection with a master consolidation plan for treatment of wastewater.

(see Attachment #1 – Wastewater Treatment Plant Consolidation, Preliminary Design Engineering Report).

All work has been designed by a currently licensed New York State Professional Engineer.

(c)        The maximum cost of the proposed improvements is $235,000,000 of which $101,792,312 is the District’s share, all as further broken out in the map, plan and estimate of cost.

(d)       In considering its determination that the proposed improvements are in the public interest, the County Legislature considered the content of the map, plan and estimate of cost to conclude that the proposed improvements are necessary and all property upon which the user charges are to be imposed will be benefited by the improvements and no benefited property has been excluded.

(e)        The proposed method of financing the cost of the improvements shall be through a combination of grants and low-interest loans. The Clean Water State Revolving Loan Fund (CWSRF), administered by the New York State Environmental Facilities Corporation (EFC), provides 20-30 year term low-interest or interest-free loans for wastewater infrastructure financing. Interest-free (hardship) financing is awarded based on project score and Median Household Income (MHI). Projects are scored based on factors such as consolidation of infrastructure, regulatory compliance, environmental health, aesthetics, service of environmental justice areas, and financial need. Based on the nature and scope of the proposed project, it is likely that the County will qualify for up to $20 million of interest-free hardship financing from EFC. In addition, the County has been awarded a Water Quality Improvement Program (WQIP) grant of $10 million and a Water Infrastructure Improvement Act (WIIA) grant of $25 million. It is estimated that the project balance in excess of grant funding and hardship financing will be financed with a low-interest loan from the EFC. For the purpose of this funding scenario, an annual interest rate of 2 percent and a loan term of 30 years was assumed for any borrowing beyond grant and hardship awards. Three funding scenarios are presented in the attached Project Debt Summary Table prepared as part of the detailed design of the Project. For purposes of project bond resolutions, the most conservative scenario in which no grants or hardship funding were awarded was assumed.

This proposed financing is deemed reasonable under current market conditions.

(f)        There is no increased operating and maintenance cost to the District as a result of the proposed improvements.  Improvements to the facilities are anticipated to increase overall operations and maintenance costs for the County by approximately $965,000 in an average year.  This calculation includes both the reduction in overall operations and maintenance costs due to consolidation as well as the added operational costs for new processes needed to meet regulatory requirements for the facilities.  Cost increases are driven by increased chemical usage and an additional disinfection treatment train at the Regional WWTP.

(g)        Debt Service for the proposed serial bonds shall be raised through user charges imposed and collected from the several lots and parcels within the District, and based on Equivalent Dwelling Units (EDUs) as defined in Section 1.6 of Attachment 1 – Wastewater Treatment Plant Consolidation, Preliminary Design Engineering Report.

(h)        The aggregate assessed valuation of the taxable property within the District as shown on the latest completed assessment rolls is $___743,143,780________.

(i)         This application for consent to the expenditures for the improvements is not being made under Section 54 or 209-q of Town Law.

(j)         There is no allocation of costs of the proposed improvements in Zones of Assessment in the District.

(k)        The average full valuation of the taxable real property of the County, computed pursuant to the first paragraph of subdivision seven-a of section 2.00 of the Local Finance Law is

$  4,477,323,623.

(l)         The County has completed a debt statement and is attached as Exhibit A.

(m)       The current tax rates applicable to the taxable real property which will bear the cost of the proposed improvements are attached as Exhibit B.

(n)        The assessed valuation of a “typical property” in the District is  $ _123,965___________.

(o)        It is estimated that the typical property owner in the District will be required to pay the total shown below in the first year following approval of the Application (calculated as set forth below):

(p)        The maximum amount any real property owner (describe) will be required to pay in the first year following approval of this Application, if granted (calculated as set forth below), is as follows:

(q)        The area which will bear the cost of the proposed District improvements contains [“state lands”, however, they are all wholly exempt from County sewer district capital costs].

(r)        No part of the area which will bear the cost of the proposed District improvements is wholly or partially within an existing or proposed agricultural district.

(s)        The population of the District is __26,630_____.  The number of one family homes in the District is approximately ___5,841______.  The number of two family homes in the District is approximately _658_. [The various improvements contemplated are not predicated on any future development plans but should accommodate general growth throughout the District].

(t)        It is not contemplated at this time that sewer service will be sold to users outside the District.

(u)        [Any consent order (Exhibit D)].

(v)        The County has conducted a number of formal and informal meetings and discussions with the interested parties concerning the improvements proposed.

(w)       The County has not received any written objections from any of the owners of the real property that will bear the cost of the improvements.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

AYES:   13

NAYS:    0

EXCUSED:  2

The resolution was thereupon declared duly adopted.

By:  Burin

Seconded by:  Smith

            WHEREAS, the Budget Committee has reviewed the proposed ARPA Fund Subrecipient Monitoring Plan (the “Plan”) and recommends that the Chemung County Legislature adopt the Plan; now, therefore, be it

            RESOLVED, that the Chemung County Legislature hereby adopts the ARPA Fund Subrecipient Monitoring Plan attached hereto as Exhibit “A”.

Exhibit “A”

Introduction

The County of Chemung has developed this fiscal and subrecipient monitoring plan as required pursuant to the requirements of the Coronavirus Aid, Relief and Economic Security (CARES) Act, Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act, and the American Rescue Plan (ARP). Chemung County staff, along with the grant program managers and recipients, are responsible for fiscal monitoring of expenditures of federal grants awarded to subrecipients, including local government units, public development corporations, and nonprofit organizations.

Overview

Chemung County serves as a pass-through entity for federal awards and, as such, is required to monitor the activities of subrecipients as needed, ensuring subawards are used for the authorized purposes, in accordance with federal statutes, regulations, and terms and conditions of the subaward. Monitoring includes an assessment of documentation and data maintained by the subrecipient; information obtained in interviews; and information obtained through observation. Should there be any changes to programs or policies relevant to a particular award, Chemung County may use interviews, email, and hard-copy paper communication to do this.

Subrecipient monitoring activities/methods that Chemung County can use include, but are not limited to, the following: annual risk assessment, single audit review, limited-scope audits, site visits, subrecipient report review, prior approval for certain activities, third-party evaluations, and technical assistance and training.

Purpose and Authority

Chemung County adheres to the following federal regulatory provisions under which fiscal accountability and compliance monitoring are conducted:

MOTION

By:  Sweet

Seconded by:  Pastrick

            MOVED, that this meeting of the Chemung County Legislature be adjourned until Monday, July 11, 2022 in the Legislative Chambers, 5^th floor, Hazlett Building, 203 Lake Street, Elmira, New York

CARRIED.