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 __                  Manchester _x_          Sweet _x_                   Brennan _x_

Margeson _x_             Donovan _x_              Sonsire _x_                 Woodard _x_

Burin _x_                    Chalk _x_                    Briggs _x_                  McCarthy _x_

Drake _x_                   Smith _x_                    Strange _x_

                                                                     MOTION

By:  Woodard

Seconded by:  Sweet

            MOVED, that Legislator Pastrick be excused from these proceedings

CARRIED. 

MOTION

By:  Strange

Seconded by:  Briggs

            MOVED, that the reading of the minutes of the November 14, 2022 meeting of the Full Legislature be dispensed with, and that they stand accepted as corrected by the Clerk

CARRIED.

MOTION

By:  Drake

Seconded by:  Sweet

            MOVED, that the reading of the minutes of the December 5, 2022 special meeting of the Full Legislature be dispensed with, and that they stand accepted as corrected by the Clerk

CARRIED.

MOTION

By:  Chalk

Seconded by:  Burin

            MOVED, that the communications numbered 14-01 through 14-05 shall be considered incorporated herein by reference as though fully set forth

CARRIED.

MOTION

By:  Sweet

Seconded by:  Drake

          MOVED, that the committee reports of November 28, 2022, and December 5, 2022 be accepted as presented and corrected

CARRIED.

                                                                      MOTION

By:  Burin

 Seconded by:  Sweet

            MOVED, that the following Resolutions be considered as one for voting purposes:  22-582 through 22-600, 22-601 through 22-629, 22-630 through 22-640, 22-641 through 22-648, 22-649 through 22-660, 22-661 stands alone, 22-662 stands alone, 22-663 stands alone.

CARRIED.

MOTION

By:  Chalk

Seconded by:  Briggs

            MOVED, that Resolution 22-663 be moved and seconded by the Legislature as a Whole

CARRIED. 

                                                 LEGISLATORS’S COMMENTS

Several Legislators paid tribute to Brian Hyland, reflecting on Legislator Hyland’s intelligence and insight that he brought to the Legislature, his enthusiasm and dedication to the residents of his district, and the love and devotion he had for his family.  Mr. Hyland was a great man, and a dedicated public servant who will be sorely missed.

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 Emma Miran is hereby appointed to the Chemung County Planning Board, filling the unexpired term of Liane O’Brien, which term shall expire on December 31, 2023; and, be it further

            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 Henry Dalrymple, Michelle Podolec, Joseph Coletta, and Scott Shaw are here reappointed to the Chemung County Planning Board, which terms will expire on December 31, 2026

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

           WHEREAS, pursuant to Resolution 21-116 the Chemung County Legislature authorized an JEMCO Water Treatment Services, Inc. (“JEMCO”) for cooling tower and steam boiler water treatment for various county-owned buildings on behalf of the Chemung County Department of Buildings and Grounds; and

            WHEREAS, the Superintendent of Buildings and Grounds has requested that the agreement with JEMCO be extended for one year under the terms and conditions of the agreement at a cost of $8,140 during the period January 1, 2023 through December 31, 2023; and

            WHEREAS, the County Executive and the Buildings and Grounds Committee have recommended that the Chemung County Legislature authorize the Superintendent’s request for a one-year extension of the original agreement with JEMCO; now, therefore, be it

            RESOLVED, that the Chemung County Executive is hereby authorized and directed to execute an extended agreement with JEMCO, subject to the review and approval of the County Attorney, for cooling tower and steam boiler water treatment for various county-owned buildings during the period January 1, 2023 through December 31, 2023 at a cost of $8,140; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

            WHEREAS, the Superintendent of the Chemung County Department of Buildings and Grounds has requested authorization to enter into an agreement with Davis-Ulmer for quarterly inspection/testing of the standpipe and hose system at the Hazlett Building for a quarterly fee of $240 ($960 annually) during the period December 1, 2022 through November 30, 2023; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Davis-Ulmer, subject to the review and approval of the County Attorney, for quarterly inspection/testing of the standpipe and hose system at the Hazlett Building for a fee of $240 quarterly ($960 annually) during the period December 1, 2022 through November 30, 2023; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, the Administrator of the Chemung County Nursing Facility has requested authorization to enter into an agreement of affiliation with Corning Community College (“CCC”) for the provision of secondary school and adult education for Health Occupations (Nurse Aide, Practical Nursing) during the period January 1, 2023 through December 31, 2023 at a cost to the County of Chemung of $12,500 (50% Federal share, 40% State share, 10% 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 an agreement of affiliation with CCC for the provision of secondary school and adult education for Health Occupations (Nurse Aide, Practical Nursing) during the period January 1, 2023 through December 31, 2023 at a cost to the County of Chemung of $12,500 (50% Federal share, 40% State share, 10% local share); and, be it further

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

            RESOLVED, that the agreement of affiliation with CCC is subject to and conditioned upon the receipt by the County of Chemung of the Federal and State funding referred to in the Preamble to this Resolution and in the event that the County of Chemung does not receive the State funding more particularly described in the Preamble to this Resolution, the agreement with CCC shall be of no 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

           WHEREAS, the Administrator of the Chemung County Nursing Facility (the “Administrator”) has requested authorization to enter into agreements with various vendors for services to be provided during 2023 to the Nursing Facility, and the Chemung County Health Department; and

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

            RESOLVED,  that the County Executive is hereby authorized and directed to enter into agreements, the terms and condition of which shall be subject to the approval of the County Attorney, as shown on the “Service Agreements Schedule 2023” which schedule is referred hereto and made a part hereof as if set forth at length herein, in the total amount of $3,700 (50% Federal share, 40% State share, 10% local share) for the period January 1, 2023 through December 31, 2023; and, be it further

            RESOLVED,  that each of the contracts referred to herein shall be contingent upon the receipt by the County of Chemung of the Federal and State funding as referred to in this Resolution and that upon termination of either the Federal or 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 Federal or State monies, shall also terminate without further action by this Legislature; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-101 the Chemung County Legislature authorized and agreement with Cornell Cooperative Extension Association of Chemung County (“Cooperative Extension”) for the provision by Cooperative Extension of services to the Chemung County Departments of Mental Hygiene Advocacy and Support Program during the period January 1, 2022 through December 31, 2022 at a total cost of $55,147 (100% State share); and

            WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that the agreement with Cooperative Extension be amended to include a cost of living increase in the amount of $2,566 (100% State share) which was issued by the New York State Office of Mental Hygiene; 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 an amended agreement with Cooperative Extension with Cooperative Extension for the provision of the Services to the County of Chemung, the terms and conditions to be subject to the review and approval of the County Attorney for a new total cost of $57,713 (100% State share) for the period January 1, 2022 through December 31, 2022; and, be it further

            RESOLVED, that the agreement with Cooperative Extension is subject to and conditioned upon the receipt by the County of Chemung of the State monies referred to in the Preamble of this Resolution and in the event that the County of Chemung does not receive all the State monies more particularly described in the Preamble to this Resolution, the agreement with Cooperative Extension shall be of no 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 without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-068 the Chemung County Legislature authorized and agreement with the Salvation Army for the provision by the Salvation Army of  various services (Domestic Violence Safe House, Non-residential Domestic Violence, Halfway House-OASAS) (the “Services”) to the County of Chemung on behalf of the Chemung County Department of Mental Hygiene during the period January 1, 2022 through December 31, 2022 at a total cost of $474,975 ($138,565.50 Federal share, $279,627 State share, $56,782.75 local share); and

            WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that the agreement with Arbor be amended to include a cost of living increase in the amount of $12,891 (100% State share) which was issued by the New York State Office of Mental Hygiene; 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 an amended agreement with the Salvation Army for the provision of the Services to the County of Chemung, , the terms and conditions to be subject to the review and approval of the County Attorney for a new total cost of $487,866 ($138,5665.50 Federal share, $292,517.75 State share, $56,782.75 local share) for the period January 1, 2022 through December 31, 2022; and, be it further

             RESOLVED, that the agreement with The Salvation Army is subject to and conditioned upon the receipt by the County of Chemung of the Federal and State monies referred to in the Preamble of this Resolution and in the event that the County of Chemung does not receive all or a portion of either the Federal or State monies more particularly described in the Preamble to this Resolution, the agreement with Cooperative Extension shall be of no 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 without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-285 the Chemung County Legislature authorized and agreement with the Comprehensive Interdisciplinary Development Services (“CIDS”) for the provision by CIDS of services to designated individuals (the “Services”) on behalf of the Chemung County Departments of Mental Hygiene and Social Services during the period January 1, 2022 through December 31, 2022 at a total cost of $658,848 ($278,842 Federal share, $380,006 State share); and

             WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that the agreement with CIDS be amended to include New York State Office of Mental Hygiene state aid award increases totaling $15,729 (100% 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 an amended agreement with the CIDS for the provision of the Services to the County of Chemung, the terms and conditions to be subject to the review and approval of the County Attorney, for a new total cost of $674,577 ($278,842 Federal share, $395,735 State share) for the period January 1, 2022 through December 31, 2022; and, be it further

            RESOLVED, that the agreement with CIDS is subject to and conditioned upon the receipt by the County of Chemung of the Federal and State monies referred to in the Preamble of this Resolution and in the event that the County of Chemung does not receive all or a portion of either the Federal or State monies more particularly described in the Preamble to this Resolution, the agreement with Cooperative Extension shall be of no 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 without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-287 the Chemung County Legislature authorized a Memorandum of Understanding (“MOU”) with the Southern Tier Assertive Community Treatment Team (“STACTT”) for the provision of 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 Chemung County Commissioner of Human Services (the “Commissioner”) has requested that the MOU with STACTT be amended to include a cost of living increase in the amount of $1,442 (100% State share) which was issued by the New York State Office of Mental Hygiene; 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 an amended MOU with STACTT for the provision of transportation and wrap services to the Program, the terms and conditions to be subject to the review and approval of the County Attorney, for a new total cost of $34,927 (100% State share) for the period January 1, 2022 through December 31, 2022; and, be it further

            RESOLVED, that the MOU with STACTT is subject to and conditioned upon the receipt by the County of Chemung of the State monies referred to in the Preamble of this Resolution and in the event that the County of Chemung does not receive all or a portion of the State monies more particularly described in the Preamble to this Resolution, the agreement with Cooperative Extension shall be of no force and effect, and 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 agreement amended without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-083 the Chemung County Legislature authorized a Memorandum of Understanding (“MOU”) with the Elmira Psychiatric Center (“EPC”) for the provision of 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 $499 and the EPC Team will receive $4,488 (100% State share) for the Program; and

            WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that the MOU with EPC be amended to include a cost of living increase in the amount of $215 (100% State share) which was issued by the New York State Office of Mental Hygiene; 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 an amended MOU with EPC for the provision of transportation and wrap services to the Program, the terms and conditions to be subject to the review and approval of the County Attorney, for a new total cost of $5,202 (100% State share) of which the Chemung County Department of Mental Hygiene (“MH”) will retain a ten percent program administration fee of $520 and the EPC Team will receive $4,682 for the period January 1, 2022 through December 31, 2022; and, be it further

            RESOLVED, that the MOU with EPC is subject to and conditioned upon the receipt by the County of Chemung of the State monies referred to in the Preamble of this Resolution and in the event that the County of Chemung does not receive all or a portion of the State monies more particularly described in the Preamble to this Resolution, the agreement with Cooperative Extension shall be of no force and effect, and 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 agreement amended without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, the Commissioner of Human Services (the “Commissioner”), on behalf of the Chemung County Department of Social Services, and the Director of the Chemung County Department of Aging and Long Term Care (the “Director”) have requested authorization to enter into a Memorandum of Understanding (“MOU”) with Western New York Independent Living, Inc. (“WNYIL”) and AIM Independent Living (“AIM”) to establish the interconnections required of NY Connects at the local level during the period January 1, 2023 through December 31, 2023 at no cost to the County of Chemung; 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, subject to the review and approval of the terms and conditions of the agreement by the County Attorney, to execute an MOU with WNYIL and AIM to establish the interconnections required of NY Connects at the local level during the period January 1, 2023 through December 31, 2023 at no cost to the County of Chemung; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

            WHEREAS, Chemung County Sewer Use Law requires homeowners to maintain their laterals, and the Districts to maintain the mains; and

            WHEREAS, When a homeowner has problems with sewer, they are required to first call a plumber who is required to check the sewer main prior to any work performed on the property lateral and if the problem is with the public sewer main, the plumbers advise the Sewer District (which confirms the blockage in the main), and the plumber submits their service bill for diagnosing the issue (typically $225 - $275); and

            WHEREAS, CCSD cannot control which plumber/contractor homeowners call; and

            WHEREAS, CCSD is requesting authorization to handle these situations via a standardized contract whereby plumbers submit invoices (at maximum of $300) for sewer main issues, which claims would be submitted for payment only after confirmation of the main blockage by the Sewer District; and

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

            RESOLVED, that the CCSD is hereby authorized to utilize a standardized contract for plumbers for payment of service calls during 2023 as described in the Preamble to this Resolution, subject to review and approval of the County Attorney, and to submit such contracts for payment from the Chemung County Treasurer’s Office.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 21-644 the Chemung County Legislature authorized an agreement with Alpha Analytical (“Alpha”) on behalf of the Chemung County Sewer District No. 1   for the provision of laboratory analysis services for Chemung County Sewer District facilities in the amount of $35,300 during the period January 1, 2022 through December 31, 2022; and

            WHEREAS, the Acting Executive Director has requested that the agreement with Alpha be amended due to the increase in costs associated with unanticipated testing in 2022 in the amount of $5,200; 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 an amended agreement with Alpha, subject to the review and approval of the County Attorney, for the increase costs associated with unanticipated testing in 2022 in the amount of $5,200 for an amended total cost of the agreement with Apha of $35,882 during the period January 1, 2022 through December 31, 2022 at a cost of $35,300; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

            WHEREAS, the Acting Executive Director of the Chemung County Elmira Sewer District (the “Director”) has requested authorization to enter into an agreement with Charter Machine Company (“Charter”) for the purchase of two (2) belt filter press rollers for the Roediger belt filter press used for sludge dewatering at the Lake Street facility at a cost not to exceed $9,582.20; and

            WHEREAS, Charter is the only manufacturer that sells original parts for the Roediger press; 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 an agreement with Charter for the purchase of two (2) belt filter press rollers for the Roediger belt filter press used for sludge dewatering at the Lake Street facility at a cost not to exceed $9,582.20; and, be it further

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

         WHEREAS, the Chairman of the Chemung County Legislature has requested authorization to enter into an agreement with Two Brothers Printing of Moravia, Inc. (“Two Brothers”) for the indexing and printing of the Proceedings of the Chemung County Legislature for the years 2022 and 2023 (the “Project”) at a cost of $6.50 per face page to Chemung County; and

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

       RESOLVED, that the Chairman of the Chemung County Legislature is hereby authorized and directed to enter into the aforementioned agreement with Two Brothers for the Project at a cost to the County of $6.50 per face page, the terms and conditions of that agreement to be subject to the approval of the Attorney for the Legislature and Special Districts; 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

           RESOLVED, that pursuant to Section 214 of County Law, the Star-Gazette and The Morning Times be and they hereby are designated as the official newspapers of the County of Chemung for publication of local laws, notices, and other matters requiring publication for the year 2023.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

         WHEREAS, the Director of Personnel/Labor Relations has requested authorization to enter into an agreement with Clinical Social Work and Counseling Services of the Finger Lakes (“CSW”) for the provision of Employee Assistance Program services for the Chemung County employees during 2023 at a total annual cost of $3,500; and

         WHEREAS, the County Executive and the Personnel Committee have recommended 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 CSW at a total cost of $3,500 during the period January 1, 2023 through December 31, 2023, the terms and conditions of this 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

          WHEREAS,  the Director of Personnel has requested authorization to enter into an agreement with Southern Tier Health Care Credit (“STHCC”)  for the collection of unpaid health insurance premiums, retaining twenty-five percent of all monies recovered and retaining forty percent of accounts recovered utilizing the services of an attorney and remitting the balance of the funds collected to the County on the 15^th day of each month accompanied by a detailed monthly statement for the period beginning January 1, 2023 and ending December 31, 2023; and

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

          RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned agreement with STHCC for a term beginning January 1, 2023 and ending December 31, 2023; and, be it further

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

WHEREAS, the Budget Committee has 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

Town of Veteran                                 Website upgrades                              $2,923.50

Town of Big Flats                               Community Center Equipment           $   835.00

Village of Horseheads                        Annual Holiday in the Square            $6,835.00

Town of Erin                                       Upgrade phone system/Woodfest      $6,043.00

Town of Chemung                              Fence replacement                            $3,445.00

Town of Elmira                                   Roof replacement – pool house         $5,385.00

Brand Park Beautification Comm.     Installation of Monument                    $   500.00

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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-366 and RFB-2428, the Chemung County Legislature awarded the General Construction contract on behalf of the Chemung County Department of Buildings and Grounds for the Mohawk Building 2^nd Floor Renovation Project (the “Project”) to Elmira Structures (“ES”) at a cost of $116,500; and

            WHEREAS, the Superintendent of the Buildings and Grounds has advised this Legislature that there is a proposed change order to the aforementioned contract in the amount of $5,500 for additional work due to the change in the scope of the Project; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into Change Order No. 1 in the amount of $5,500 with ES for a new total cost for the Project of $122,000; and, be it further

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

            RESOLVED, that there shall be no further change orders without the express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution 20-505 and RFB-2255 the Chemung County Legislature awarded a bid to Casella Waste Management of NY, Inc. (“Casella”) for refuse and recycling materials collection and disposal for Chemung County Departments on behalf of the Chemung County Department of Buildings and Grounds; and

            WHEREAS, the Superintendent of Buildings and Grounds has requested that the agreement with Casella be extended for an additional one-year period under the Year 3 terms and conditions of the agreement at a cost of $35,724 during the period January 1, 2023 through December 31, 2023; and

            WHEREAS, the County Executive and the Buildings and Grounds Committee have recommended that the Chemung County Legislature authorize the Superintendent’s request for a one-year extension of the original agreement with Casella; now, therefore, be it

            RESOLVED, that the Chemung County Executive is hereby authorized and directed to execute an extended agreement with Casella, subject to the review and approval of the County Attorney, for refuse and recycling materials collection and disposal for Chemung County Departments during the period January 1, 2023 through December 31, 2023 at a cost of $35,724; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 21-661 and RFB-2318, the Chemung County Legislature awarded a bid on behalf of the Chemung County Department of Buildings and Grounds for the Parking Lot Project (the “Project”) to Edger Enterprises (“EE”) at a cost of $118,367; and

            WHEREAS, the Superintendent of the Buildings and Grounds has advised this Legislature that there is a proposed change order to the aforementioned contract in the amount of $3,001 for additional work due to the change in the scope of the Project; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into Change Order No. 1 in the amount of $3,001 with EE for a new total cost for the Project of $121,368; and, be it further

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

            RESOLVED, that there shall be no further change orders without the express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Burin

Seconded by:  Briggs

            WHEREAS, Resolution 20-083 authorized a five-year reimbursement agreement with the New York State Unified Court System (“UCS”) commencing April 1, 2018 and terminating March 31, 2023, whereby the UCS reimburses the County of Chemung for cleaning services and minor or emergency repairs of court facilities at an annual reimbursement as approved during the contract period; and

            WHEREAS, the Buildings and Grounds Superintendent has advised this Legislature that the reimbursement from UCS to the County of Chemung for the period April 1, 2022 through March 31, 2023 shall be in the amount of $226,328; and

            WHEREAS, the County Executive and the Buildings and Grounds 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 annual reimbursement agreement with UCS in the amount of $226,328 for the period April 1, 2022 through March 31, 2023, 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 by this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

          WHEREAS, the Chemung County Director of Probation has requested authorization to accept grant funding from the New York State Division of Criminal Justice Services to fund Chemung County pre-trial services during the period April 1, 2022 through March 31, 2023 in the amount of $210,089 (100% State share); and

          WHEREAS, the County Executive and the Corrections and Law Enforcement 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 sign such necessary documents as may be required in accordance with the statutes and laws applicable thereto and to execute such documents as may be necessary to accept the grant on behalf of the County of Chemung, which 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 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-492 the Chemung County Legislature authorized and agreement with Fully Managed (“FM”) for the purchase of medication/treatment kiosks in the amount of $45,913 (50% Federal share, 40% State share, 10% local share) on behalf of the Chemung County Nursing Facility (“CCNF”); and

            WHEREAS, the Administrator of the CCNF has requested that the agreement with FM be amended to include the cost of software subscriptions and battery supplies in the amount of $15,426.89 for a new total cost of $61,339.89 (50% Federal share, 40% State share, 10% local share); and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into an amended agreement with FM to include the cost of subscription and battery supplies at an additional cost of $15,426.89 for a new total cost of $66.339.89 (50% Federal share, 40% State share, 10% local share); and be it further

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

            RESOLVED,   that this agreement shall be contingent upon the receipt by the County of the Federal and State funding in the amounts set forth in the Preamble to the Resolution and that upon termination of all or any portion of either the Federal or State funding the agreements authorized by this resolution shall become null and void and of no further force and effect without further action by this Legislature and those programs or services, including personnel position funded by the receipt Federal or 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 agreements amended without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

         WHEREAS, the Administrator for the Chemung County Nursing Facility has requested authorization to enter into Medicare Part D pharmacy agreements with various insurance companies seeking to establish payor relationships with various Medicare Part D insurance plans on behalf of the Chemung County Health Department and the Chemung County Nursing Facility during the period January 1, 2023 through December 31, 2023; and

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

         RESOLVED, that the County Executive is hereby authorized and directed to execute during calendar year 2023 Medicare Part D pharmacy agreements and amendments thereto with various insurance companies, including, but not limited to, Blue Cross Blue Shield of Central New York, Blue Cross Blue Shield of Northeastern Pennsylvania, Excellus Health Plan, Inc. (Blue Cross Blue Shield), GHI, RMSCO, POMCO, VA Medical Center, United Healthcare, DBP Services, New York State Catholic Health Plan, Inc. d/b/a/ Fidelis Care New York, Care Continuum, Capital District Physicians Health Plan, Dentaquest, and Medicare Advantage Plans (various) for clients of the Chemung County Certified Home Health Agency and the Chemung County Nursing Facility during the period January 1, 2023 through December 31, 2023;  and, be it further

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

         RESOLVED, that after December 31, 2023, none of the agreements shall be renewed or amended without the express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, the Administrator for the Chemung County Nursing Facility (the “Administrator”) has requested authorization to enter into third party reimbursement agreements with various insurance companies and managed care organizations seeking to establish payor relationships with the Certified Home Health Agency on behalf of the Chemung County Health Department and the Chemung County Nursing Facility during the period January 1, 2023 through December 31, 2023; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute preferred provider agreements, including without limitation amendments thereto, during the period January 1, 2022 through December 31, 2022 with various insurance companies and managed care organizations, including, but not limited to, Aetna, Blue Cross Blue Shield of Central New York, Blue Cross Blue Shield of Northeastern Pennsylvania, Excellus Health Plan, Inc. (Blue Cross Blue Shield), RMSCO, POMCO, Humana, VA Medical Center (Triwest Healthcare Alliance), United Healthcare, New York State Catholic Health Plan, Inc. d/b/a/ Fidelis Care New York, Capital District Physicians Health Plan, Medicare Advantage Plans (various), Tricare, Humana, Independent Living Systems (iCircle), Care First, Nascentia Health Options (formerly VNA), Lifetime Benefit Solutions for clients of the Chemung County Certified Home Health Agency and the Chemung County Nursing Facility;  and, be it further

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

            RESOLVED, that after December 31, 2023, none of the agreements shall be renewed or amended without the express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, the Chemung County Nursing Facility (“CCNF”) is obligated to pay for outside healthcare services provided to resident who are covered under a Medicare Part A stay; and

            WHEREAS, due to the nature and variety of these services it is not practical to enter into agreements with each provider; and

            WHEREAS, the Administrator of the Chemung County Nursing Facility (the “Administrator”) has requested that the Chemung County Treasurer be authorized to pay resident bills as they are incurred for the period January 1, 2023 through December 31, 2023; and

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

            RESOLVED, that the Chemung County Treasurer is hereby authorized and directed to pay various healthcare organizations including, but not limited to, Associated Radiologists of the Finger Lakes, Associated Radiologists, Asthma & Allergy Associates, Elmira Hearing Aid Center, Elmira Urological Associates, Finger Lakes Orthopedic, Gastroenterology Associates, Gerould’s Healthcare Center, Guthrie, Hander Prosthetics & Orthotics, O’Brien Hearing Aid Center, Robert Packer, Saunders Medical Equipment, Sonsire Audiology, Southern Tier Audiology Associates, St. Joseph’s Hospital, Twin Tier Eye Care Associates, Waite & Lucarelli Eye Care Center, and West Elmira Optical,  for services bills of CCNF residents, who are covered under a Medicare Part A stay, as they are incurred for the period January 1, 2023 through December 31, 2023.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-065 the Chemung County Legislature authorized and agreement with Arbor Housing and Development (“Arbor”) for the provision by Arbor of services for Supported Housing Units for individuals with serious mental illness (the “Services”) on behalf of the Chemung County Department of Mental Hygiene during the period January 1, 2022 through December 31, 2022 at a total cost of $245,098 (100% State share); and

            WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that the agreement with Arbor be amended to include a cost of living increase in the amount of $26,330 (100% State share) which was issued by the New York State Office of Mental Hygiene; 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 an amended agreement with Arbor with Cooperative Extension for the provision of the Services to the County of Chemung, the terms and conditions to be subject to the review and approval of the County Attorney, for a new total cost of $271,428 (100% State share) for the period January 1, 2022 through December 31, 2022; and, be it further

             RESOLVED, that the agreement with Arbor is subject to and conditioned upon the receipt by the County of Chemung of the State monies referred to in the Preamble of this Resolution and in the event that the County of Chemung does not receive all the State monies more particularly described in the Preamble to this Resolution, the agreement with Cooperative Extension shall be of no 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 without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-066 the Chemung County Legislature authorized and agreement with Corning Council for Assistance & Information to the Disabled, Inc. d/b/a AIM Independent Living Center (“AIM”) for the provision of Family Support Navigation services (FSN) and the Peer Engagement and Emergency Response program (PEER) (the “Services”) during the period January 1, 2022 through December 31, 2022 at a cost not to exceed $102,678 (100% State share); and

            WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that the agreement with AIM be amended to include a cost of living increase in the amount of $4,425 (100% State share) which was issued by the New York State Office of Mental Hygiene and an increase of $35,000 for the provision by AIM of representative payee services to Chemung County (100% 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 an amended agreement with AIM for the provision of the Services to the County of Chemung, the terms and conditions to be subject to the review and approval of the County Attorney, for a new total cost of $142,103 ($129,853 State share, $12,250 local share) for the period January 1, 2022 through December 31, 2022; and, be it further

             RESOLVED, that the agreement with AIM is subject to and conditioned upon the receipt by the County of Chemung of the State monies referred to in the Preamble of this Resolution and in the event that the County of Chemung does not receive all or a portion of the State monies more particularly described in the Preamble to this Resolution, the agreement with Cooperative Extension shall be of no 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 without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-234 the Chemung County Legislature authorized and agreement with Family Services, Inc. of Chemung County (“FS”) for the provision by FS of various services on behalf of the Departments of Social Services and Mental Hygiene (Children’s Integrated Services division) at a cost not to exceed $1,432,492 ($53,652.04 Federal share, $1,195,024.36 State share, $183,815.60 local share) during the period January 1, 2022 through December 31, 2022; and

            WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that the agreement with FS be amended due to an increase in State Aid which was issued by the New York State Office of Mental Hygiene in the amount of $78,839 (100% 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 an amended agreement with FS for the provision of the Services to the County of Chemung, the terms and conditions to be subject to the review and approval of the County Attorney, for a new total cost of $1,511,332 ($53,652.04 Federal share, $1,273,864.36 State share, $183,815.60 local share) for the period January 1, 2022 through December 31, 2022; and, be it further

            RESOLVED, that the agreement with FS is subject to and conditioned upon the receipt by the County of Chemung of the Federal and State monies referred to in the Preamble of this Resolution and in the event that the County of Chemung does not receive all or a portion of either the Federal or State monies more particularly described in the Preamble to this Resolution, the agreement with Cooperative Extension shall be of no 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 without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

           WHEREAS, pursuant to Resolution No. 22-067 the Chemung County Legislature authorized and agreement with Capabilities, Inc. (“Capabilities”) for the provision by Capabilities to the County of various services (Transitional Employment Placement OMH, Peer Specialists OMH) during 2022 at a cost of $225,218 (100% State share); and

           WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that the agreement with Capabilities be amended to include a cost of living increase in the amount of $21,463 (100% State share) which was issued by the New York State Office of Mental Hygiene; 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 an amended agreement with Capabilities for the provision of the Services to the County of Chemung, the terms and conditions to be subject to the review and approval of the County Attorney, for a new total cost of $246,681 (100% State share) for the period January 1, 2022 through December 31, 2022; and, be it further

           RESOLVED, that the agreement with Capabilities is subject to and conditioned upon the receipt by the County of Chemung of the State monies referred to in the Preamble of this Resolution and in the event that the County of Chemung does not receive all or a portion of the State monies more particularly described in the Preamble to this Resolution, the agreement with Cooperative Extension shall be of no 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 without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, the Chemung County Commissioner of Human Services, on behalf of the Chemung County Department of Social Services, has requested authorization to apply for and to accept a Children and Youth with Special Health Care Needs grant from the New York State Department of Health (“NYSDOH”) during the five-year period October 01, 2022 through September 30, 2027, in the amount of $59,946 annually (100% Federal share); and

            WHEREAS, the County Executive and the Health and Human Services Committee have recommended that the Chemung County Legislature approve the application for and the acceptance of the aforementioned grant; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to apply for and to accept the Children and Youth with Special Health Care Needs grant from the NYSDOH  during the five-year period October 01, 2022 through September 30, 2027, in the amount of $59,946 annually (100% Federal share); and; and, be it further

            RESOLVED, that the agreement with NYSDOH 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 all or a portion of the Federal monies more particularly described in the Preamble to this Resolution, the agreement with NYSDOH shall be of no force and effect, and shall terminate without further action by this Legislature; and, be it further

            RESOLVED, that the staffing positions funded by the Grant agreement are contingent upon the receipt of the Federal funding and upon termination of the Federal funding for any reason the positions shall also terminate without further action by this Legislature; and, be it further

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, the Administrator of the Chemung County Nursing Facility (the “Administrator”) has requested authorization to enter into agreements with various vendors for services to be provided during 2023 to the Nursing Facility, the Chemung County Health Department, the Chemung County Sheriff, and the Chemung County Department of Buildings and Grounds; and

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

            RESOLVED,  that the County Executive is hereby authorized and directed to enter into agreements, the terms and condition of which shall be subject to the approval of the County Attorney, as shown on the “Chemung County Nursing Facility Contracts Schedule 2023” submitted to the Legislature by the Administrator which schedule is referred hereto and made a part hereof as if set forth at length herein, in the total amount of $4,897,604 ($2,152,367 Federal share, $1,710,937 State share, $1,034,300 local share) for the period January 1, 2023 through December 31, 2023; and, be it further

            RESOLVED,  that each of the contracts referred to herein shall be contingent upon the receipt by the County of Chemung of the Federal and State funding as referred to in this Resolution and that upon termination of either the Federal or 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 Federal or State monies, shall also terminate without further action by this Legislature; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-235 the Chemung County Legislature authorized the acceptance of Pandemic Emergency Assistance Program funds from the New York State Office of Temporary and Disability Assistance (“NYSOTDA”) in the amount of $261,020 (100% Federal share) to be used to contract for services to families in Chemung County requiring financial assistance for the cost of diapers for children under the age of three and for multi-generational food payments in which households with adults over fifty-five years of age are eligible to purchase additional food to improve their economic security and well-being (collectively the “Services”), during the period January 1, 2022 through December 31, 2022; and

            WHEREAS, the Chemung County Commissioner of Human Services has requested that the agreement with NYSOTDA be amended due to an increase in available funding in the amount of $172,127 (100% Federal share) to be used for Back to School and Nutrition Assistance; 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 execute and amended agreement with NYSOTDA, subject to the review and approval of the County Attorney,  in the amount of $433,147 (100% Federal share) and to accept additional grant funding in the amount of $172,127 (100% Federal share) for Back to School and Nutrition Assistance Programs in Chemung County during the period January 1, 2022 through December 31, 2022; and, be it further

            RESOLVED,  that the Services shall be contingent upon receipt by the County of the Federal funding in the amount set forth in the preamble to this Resolution and that in the event the County does not receive the Federal funding or upon termination of all or any portion of the Federal 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.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

           WHEREAS, the Director of the Chemung County Department of Aging and Long Term Care has requested approval to enter into agreements with various attorneys and vendors for services during 2023 as authorized by the Older Americans Act of 1965 (legal services $16,700, client transportation $31,000, meal delivery to congregate sites, $7,500, consulting agreement for Nutrition Site Managers $3,000, Registered Dietitian for Nutrition Program $41,600) and;

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into various agreements as more particularly described in the Preamble to this Resolution, the terms and conditions of those agreements to be subject to the review and approval of the County Attorney, at a total cost to the County of $99,800 ($57,150 Federal share, $31,400 State share, $9,750 local share, $1,500 third party donations) for the period January 1, 2023 through December 31, 2023; and, be it further

            RESOLVED, that upon termination of the Federal, State, or third party funding for any reason, or failure to receive the Federal or State funding or third party donation, for any of the programs or services to be contracted for, that those programs or services, including personnel positions funded by the receipt of Federal, State, or third party monies, shall also terminate without further action by this Legislature; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No.’s 22-069 and 22-351 the Chemung County Legislature authorized an agreement with Council on Alcohol and Substance Abuse of Livingston County d/b/a Trinity of Chemung (“Trinity”) for the provision of various services (including DA Assessments, C&FS Toxicology Screenings, Adolescent DA Case Manager, Alcohol/Drug Rehabilitation Clinic, Teen Prevention, Club House Program, Outpatient Prevention Services Program, and co-located Substance Abuse Consultant) to the Chemung County Departments of Social Services and Mental Hygiene during 2022 at a cost of $923,494 ($91,950 Federal share, $725,731 State share, $105,813 local share) for additional state approved services in the amount of $1,323,494 (91,950 Federal share, $1,125,731 State share, $105,813 local share) during the period January 1, 2022 through December 31, 2022, respectively; and

            WHEREAS, the Chemung County Commissioner of Human Services has requested that the agreement with Trinity be amended to due to an increase in state aid from the Office of Addiction Services and Supports (“OASAS”) in the amount of $129.228.00 (100% 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 execute an amended agreement with Trinity, subject to the review and approval of the County Attorney, in the amount of $1,452,722 ($91,950 Federal share, $1,254,959 State share, $105,813 local share) during the period January 1, 2022 through December 31, 2022; and, be it further

            RESOLVED,  that the Services shall be contingent upon receipt by the County of the Federal and State funding in the amount set forth in the preamble to this Resolution and that in the event the County does not receive the Federal or State funding or upon termination of all or any portion of the Federal or 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.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Briggs

            WHEREAS, a Request for Proposals (“RFP”) was issued for Food Service on behalf of the Chemung County Nursing Facility and the Chemung County Jail; and

            WHEREAS, after review of the submitted proposals, the evaluation matrix identified Cura Hospitality (“Cura”) with the highest percentage scoring; and

            WHEREAS, the Director of Purchasing has recommended and requested that Chemung County enter into an agreement with Cura for the provision of Food Services to the Chemung County Nursing Facility and the Chemung County Jail during the period January 1, 2023 through December 31, 2023 (with a one year option to renew) at a total cost of $2,715,241 ($1,068,390.50 Federal share, $854,712.40 State share, $792,138.10 local share); and

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute an agreement with Cura for the provision of food services to the Chemung County Nursing Facility and the Chemung County Jail during the period January 1, 2023 through December 31, 2023 (with a one year option to renew) at a total cost of $2,715,241 ($1,068,390.50 Federal share, $854,712.40 State share, $792,138.10 local share); and, be it further

            RESOLVED, that the agreement with Cura 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 agreements amended without express consent by Resolution of this Legislature.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:   Strange

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-255 and RFB-2413 the Chemung County Legislature authorized agreements with Elmira Road Materials (“ERM”) and Dalyrmple Contracting (“Dalrymple”) on behalf of the Chemung County Department of Public Works for a total amount of $1,639,993.50; and

            WHEREAS, the Commissioner of the Chemung County Department of Public Works has requested that the agreements with ERM and Dalrymple due to increase associated with asphalt escalation and required additional asphalt in the amount of $368,361.85 (100% local share) for an amended total amount for the agreements with ERM and Dalrymple of $2,008,355.35 through May 31, 2023; and

            WHEREAS, the County Executive and the Highway 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 amended agreements with ERM and Dalrymple for hot mix asphalt in an aggregate amount not to exceed $2,008,355.35 through May 31, 2023; and, be it further

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Strange

Seconded by:  Briggs

WHEREAS, the Chemung County Emergency Planner/Safety Coordinator, on behalf of the Chemung County Planning Department and the Chemung County Department of Public Works has requested authorization to apply for and to accept a Hazard Mitigation Program grant from the New York State Department of Homeland Security (“NYSDHS”) in the amount of $150,000 ($90% Federal share, 10% local in-kind match) to fund an advanced assistance scoping project to determine a feasible mitigation solution to flooding and flood damages to Christian Hollow Creek and Christian Hollow Road (the “Project”) during the period January 1, 2023 through December 31, 2025; and

            WHEREAS, the County Executive and the Highway Committee have recommended that the Chemung County Legislature approve the application for and the acceptance of the aforementioned grant; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to apply for and to accept the NYSDHS grant for the Project in the amount of $150,000 (90% Federal share, 10% local in-kind match); and, be it further

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

           RESOLVED,  that the agreement shall be contingent upon receipt by the County of the Federal funding in the amount set forth in the preamble to this Resolution and that in the event the County does not receive the Federal funding or upon termination of all or any portion of the Federal 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 Federal monies, shall also terminate without further action by this Legislature.

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

            WHEREAS, the Acting Executive Director has requested authorization to enter into an agreement with Alpha Analytical (“Alpha”) for the provision of laboratory analysis services for Chemung County Sewer District facilities in the amount of $52,000 during the period January 1, 2023 through December 31, 2023; 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 agreement with Alpha, subject to the review and approval of the County Attorney, for the provision of laboratory analysis services during the period January 1, 2023 through December 31, 2023 at a cost of $52,000; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

            WHEREAS, the Acting Executive Director of the Chemung County Elmira Sewer District has requested authorization to enter into an agreement with OmniSite for service fees associated with OmniSite systems installed in eight pump stations within the Sewer Districts collection system during the period January 1, 2023 through December 31, 2023 in the amount of $2,320 ($290 per pump station); and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement OmniSite for service fees associated with OmniSite systems installed in eight pump stations within the Sewer Districts collection system during the period January 1, 2023 through December 31, 2023 in the amount of $2,320; and, be it further

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

            WHEREAS, the Acting Executive Director of the Chemung County Sewer Districts (the “Director”) has requested authorization to enter into an agreement with MPR Technologies, Inc. (“MPR”) for Supervisory Control and Data Acquisition (“SCADA”) support services for the system that controls and monitors the Milton Street Wastewater Treatment Plant in the amount of $25,200 annually (billed at a fee of $2,100 per month) during the period January 1, 2023 through December 31, 2023, and

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute an agreement with MPR for SCADA support in the amount of $25,200 (billed at a fee of $2,100 per month), during the period January 1, 2023 through December 31, 2023; and, be it further

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

            RESOLVED, that the agreement shall not be renewed, the initial term thereof extended or the a

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Briggs

            WHEREAS, pursuant to Resolution No. 22-093 the Chemung County Legislature authorized an agreement with Cornell Cooperative Extension Association of Chemung County (“Cooperative Extension”) for the provision by Cooperative Extension of services to the Chemung County Departments of Mental Hygiene Advocacy and Support Program during the period January 1, 2022 through December 31, 2022 at a total cost of $55,147 (100% State share); and

            WHEREAS, the Chemung County Planning Department was recently awarded a New York State Department of Environmental Conservation Municipal Waste Reduction and Recycling grant for recycling education in the amount of $46,000 ($23,000 State share, $23,000 local share [existing 2022 Cooperative Extension Organizational Funds]; and

            WHEREAS, the Chemung County Commissioner of Planning has requested that the agreement with Cooperative Extension be amended to include the grant award of $23,000 to expand the Chemung County Recycling Education Program; 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 an amended agreement with Cooperative Extension to include the grant award of $23,000 to expand the Chemung County Recycling Education Program during 2022 for a new total cost of 78,147 (100% State share); and, be it further

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

            RESOLVED,  that the agreement shall be contingent upon receipt by the County of the State funding in the amount set forth in the preamble to this Resolution and that in the event the County does not receive the 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.

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

         WHEREAS, the Chemung County Director of Personnel has requested authorization to enter into a three-year agreement with EBM Better Ben/Admin (“EBM”) for the provision of employee benefits technology and software (bswift) for the management of Health Insurance Administration including retiree billing, centralized communication hub for employees, access to content, including benefits and plan information, a documents library and helpful videos, during the period January 1, 2023 through December 31, 2025 at a monthly cost of $7,981.70 ($95,780.40 annually); and

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

         RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned three-year agreement with EBM at a monthly cost of $7,981.70 ($95,780.40 annually) during the period January 1, 2023 through December 31, 2025: and, be it further

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

         RESOLVED, that 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, Chemung County and the County of Schuyler agree that it would be mutually beneficial to permit Schuyler County’s employees and retirees to participate in Chemung County’s Employee Health Benefit Program (the “Program”), presently administered by Excellus Blue Cross Blue Shield (“Excellus”), effective January 1, 2023 through December 31, 2023; and

            WHEREAS, Chemung County shall send Schuyler County a monthly total bill that shall reflect the coverage levels requested by the County based at the applicable premium rates determined by Chemung County after consultation with Excellus; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute a Memorandum of Agreement between Chemung County and the County of Schuyler which shall permit Schuyler County employees and retirees to participate in Chemung County’s Employee Health Benefit Program effective January 1, 2023 through December 31, 2023 in exchange for Schuyler County providing premium payment for County employees and retirees, with a year-end claims paid adjustment due to or by the County; and, be it further

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

            RESOLVED, that the agreement shall not be cancelled or amended without express authorization by the Chemung County Legislature; and

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

       WHEREAS, Chemung County and the City of Elmira (the “City”) agree that it would be mutually beneficial to permit the City’s employees and retirees to participate in Chemung County’s Employee Health Benefit Program (the “Program”), presently administered by Excellus Blue Cross Blue Shield (“Excellus”), effective January 1, 2023 through December 31, 2023; and

       WHEREAS, Chemung County shall send the City a monthly total bill that shall reflect the coverage levels requested by the City based at the applicable premium rates determined by Chemung County after consultation with Excellus; and

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

       RESOLVED, that the County Executive is hereby authorized and directed to execute a Memorandum of Agreement between Chemung County and the City of Elmira which shall permit City employees and retirees to participate in Chemung County’s Employee Health Benefit Program effective January 1, 2023 through December 31, 2023 in exchange for the City’s providing premium payment for City employees and retirees, with a year-end claims paid adjustment due to or by the County; and, be it further

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

       RESOLVED, that the agreement shall not be cancelled or amended without express authorization by the Chemung County Legislature; and

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Briggs

            WHEREAS, the Chemung County Commissioner of Human Services, on behalf of the Chemung County Department of Social Services has requested approval of an agreement with Mosaic Health (‘Mosaic) and Corning Incorporated (“Corning”) for the provision by Mosaic of community Mobile Dental Until to provide high quality dental services to residents who are low income, uninsured or underserved, and to areas of low utilization of dental services throughout Chemung County for a one-time cost to the County of Chemung of $100,000; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute an agreement with Mosaic and Corning for the provision by Mosaic of community Mobile Dental Until to provide high quality dental services to residents who are low income, uninsured or underserved, and to areas of low utilization of dental services throughout Chemung County for a one-time cost to the County of Chemung of $100,000; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Smith

            WHEREAS, the Acting Executive Director of the Chemung County Sewer Districts has requested authorization to accept and file permanent no-cost easements on property owned by the City of Elmira; and

            WHEREAS, the easements are necessary for the construction and maintenance of the conveyance pipeline required for the Wastewater Treatment Consolidation Project from the Lake Street outfall to the Milton Street Treatment Facility; 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 Interim Executive Director of the Chemung County Sewer Districts is hereby authorized and directed to accept permanent no-cost easements on the following properties owned by the City of Elmira:

Tax Map ID

100.09-4-04

100.09-2-32

100.12-1-21

100.10-1-22

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

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

Transfers: 

$31,000 From 10 1990 1990 50408 Contingency

            To 10 4010 4010 50444 Services – Outside Consultant

Appropriations:

Inc. App. Acct. 10 6010 0201 50443 DSSAP 0005 ARPS Rec Exp                           $25,000

Inc. Rev. Acct. 10 6010 6010 44001 FA Federal Grants                                            $25,000

Inc. App. Acct. 10 6010 0100 50408 DSS01 0061 TA/CC Homelessness Prog.      $895,000

Inc. Rev. Acct. 10 6010 6010 43000 SA State Grants                                              $895,000

Inc. Rev. Acct. 23 0000 0000 41001 Real Property Taxes                                        $98,736

Inc. App. Acct. 23 8110 8110 50498 Indirect Cost Allocation                                    $98,736

Inc. Rev. Acct. 10 5630 0000 43999 0000 SA Transit Non Contract                    $1,167,504

Inc. App. Acct. 10 5630 0000 50408.01 0000 Transit Non Contract                    $1,167,504     

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

            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:

$12,000 From 10 1040 50408 Contracts

            To 10 1040 50401 Printing

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:    Smith

   RESOLVED, that pursuant to law there shall be and hereby are assessed and levied upon, and collected from the real property liable therefore within the respective Fire, Fire Protection, Water and Light Districts in the following towns indicated below, taxes in the following amounts for the purposes of such districts as specified in the respective annual budgets, to wit:

 Town/Name of District                                                           Amount to be raised by taxes

ASHLAND

Light District #1                                                                     $               900.00

Fire Protection District #1                                                      $          66,066.00

BALDWIN

Fire District #1                                                                        $          75,823.00

BIG FLATS

Light District #1                                                                     $            8,926.00

Water District #4                                                                    $          13,531.00

Water District #1, 2, 3 – S5 WD 243                                     $          35,879.00

Water District #1, 2, 3 – S5 WD 245                                     $          52,144.00

Big Flats Fire District #1                                                        $        920,700.00

Golden Glow Fire District #2                                                 $        110,085.09

West Hill Fire District #3                                                       $          26,527.43

CATLIN

Beaver Valley Light District                                                  $             3,750.00

Fire Protection District #1                                                      $         104,390.00

Fire Protection District #2                                                      $           40,885.00

Fire Protection District #3                                                      $         118,285.00

Water District                                                                         $           15,900.00

CHEMUNG

Light District 281                                                                   $           12,000.00

Fire District 281                                                                     $         248,848.00

ELMIRA

Light District #1                                                                     $          55,000.00

Light District #2                                                                     $               540.00

Light District #3                                                                     $            1,200.00

Light District #4                                                                     $               420.00

Light District #5                                                                     $               160.00

Fire Commission #1                                                               $        829,275.00

Fire Protection District #2                                                      $          21,180.00

Fire Commission #3                                                               $          21,586.00

Fire Protection District #4                                                      $          15,000.00

Fire Protection District #5                                                      $          51,916.00       

Park District                                                                           $        155,549.00

Traffic District                                                                       $        546,755.00 

ERIN

Erin Fire District #1                                                               $        156,890.00

Erin Special Light District                                                     $            2,640.00

HORSEHEADS

SD 1                                                                                       $              - 0-

SD2                                                                                        $               -0-

SF 1                                                                                        $        466,369.00

SF 2                                                                                        $        161,931.00

SF3                                                                                         $          64,924.00

Light District 1                                                                       $            4,600.00

Light District 2                                                                       $            2,200.00

Light District 3                                                                       $          33,000.00

Light District 4                                                                       $            1,700.00

Light District 5                                                                       $            7,300.00

Light District 6                                                                       $               750.00

Light District 7                                                                       $               580.00

Light District 8                                                                       $          10,300.00

Light District 9                                                                       $            1,000.00

Light District 10                                                                     $            1,150.00

Light District 11                                                                     $            1,210.00

Light District 12                                                                     $            2,400.00

Light District 13                                                                     $            2,600.00

Light District 14                                                                     $            5,100.00

Light District 15                                                                     $               550.00

Water District 9                                                                      $                   -0-

Water District 10                                                                    $          10,684.00

SOUTHPORT

Light District #1                                                                     $        110,000.00

Southport Fire Protection District #1                                     $        397,300.00

Big Flats Fire District #2                                                        $          16,755.00

Webb Mills Fire District #4                                                    $        172,977.00

Pine City Fire District #1                                                        $        172,000.00     

VAN ETTEN

Fire Protection District                                                           $        166,000.00

Water District                                                                         $          74,540.00

VETERAN

Fire Protection District SF1                                                    $          81,560.23

Fire Protection District SF2                                                    $          17,441.00

Fire Protection District SF3                                                    $          79,000.00

and, be it further

   RESOLVED, that the amounts to be raised by taxes for all purposes in the several budgets as presented to the Legislature by the various Towns located in the County of Chemung, and which are on file in the office of the Clerk thereof, shall be assessed and levied and collected at the time and in the manner provided by law for the levy of state and county taxes, by taxes and assessments upon the taxable real property in the towns liable therefor and located in the towns as enumerated below, to wit:

            Ashland                       $   334,154.00

            Baldwin                       $   231,876.00

            Big Flats                      $3,454,566.40             

            Catlin                          $   840,170.00

            Chemung                     $   687,530.00

            Elmira                         $1,590,000.00

            Erin                             $   712,333.00

            Horseheads                 $2,720,860.00

            Southport                    $1,809,052.00

            Van Etten                    $   644,213.00

            Veteran                       $   670,786.00

and, be it further

   RESOLVED, that such taxes and assessments, when collected, shall be paid to the Supervisors of the several Towns in the amount shown by this resolution for distribution by them in the manner as provided by law;  and, be it further

   RESOLVED, that the Clerk of the Legislature be and hereby is authorized in lieu of causing the annual budgets of said Towns to be printed in the minutes of the County Legislature, to print in accordance with Section 115 of the Town Law, a summary, recapitulation, or abstract of said town budgets.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

            WHEREAS, the State of New York has, pursuant to Section 554 (9) of the Real Property Tax Law, authorized a tax levying body, i.e., the Chemung County Legislature, to delegate to an official who is empowered to authorize payment of bills without prior audit by this Legislature, the authority to perform the duties of the Chemung County Legislature set forth in Section 554(a) of the Real Property Tax Law; and

            WHEREAS, Chemung County desires to delegate to the Real Property Tax Services Director the authority as stated under said law; now, therefore, be it

            RESOLVED, that there is hereby delegated to the Real Property Tax Services Director (the “Director”) the power and duties as provided in Section 554 of the Real Property Tax Law, as amended, from time to time, i.e., to correct a clerical error, an unlawful entry, or an error in essential fact as more particularly defined in Section 554 (1) subject to the following provisions:

1.      The delegation of authority to the Director pursuant to this Resolution is applicable only where the recommended correction is twenty-five hundred dollars or less, or such other sum not to exceed twenty-five hundred dollars.

2.      That the Director shall comply with all provisions of Section 554 of Real Property Tax Law, as amended.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

            WHEREAS, the State of New York has, pursuant to Section 554 (9) of the Real Property Tax Law, authorized a tax levying body, i.e., the Chemung County Legislature, to delegate to an official who is empowered to authorize payment of bills without prior audit by this Legislature, the authority to perform the duties of the Chemung County Legislature set forth in Section 554(a) of the Real Property Tax Law; and

            WHEREAS, Chemung County desires to delegate to the Real Property Tax Services Director the authority as stated under said law; now, therefore, be it

            RESOLVED, that there is hereby delegated to the Real Property Tax Services Director (the “Director”) the power and duties as provided in Section 554 of the Real Property Tax Law, as amended, from time to time, i.e., to correct a clerical error, an unlawful entry, or an error in essential fact as more particularly defined in Section 554 (1) subject to the following provisions:

1.      The delegation of authority to the Director pursuant to this Resolution is applicable only where the recommended correction is twenty-five hundred dollars or less, or such other sum not to exceed twenty-five hundred dollars.

2.      That the Director shall comply with all provisions of Section 554 of Real Property Tax Law, as amended.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

            RESOLVED, that the total amount to be raised by tax levy of $25,107,598 ($24,721,192 budgeted levy plus uncollected taxes allowance of $386,406)  as levied by this County Legislature against all taxable property in the County of Chemung, State of New York, be and the same is hereby apportioned as shown on Exhibit “A” attached hereto and made a part hereof; and, be it further

            RESOLVED, that the tax levy of $803,592 as levied by this County Legislature on behalf of the Chemung County Elmira Sewer District against all taxable property in the County of Chemung, State of New York and located within said District be and the same is hereby apportioned as shown on Exhibit “A” attached hereto and made a part hereof; and, be it further

            RESOLVED, that the tax levy of $1,149,108 as levied by this County Legislature on behalf of the Chemung County Sewer District No. 1 against all taxable property in the County of Chemung, State of New York and located within said District be and the same is hereby apportioned as shown on Exhibit “A” attached hereto and made a part hereof; and, be it further

            RESOLVED, that the tax levy of $3,398,615 as levied by this County Legislature on behalf of the Chemung County Library District against all taxable property in the County of Chemung, State of New York and located within said District be and the same is hereby apportioned as shown on Exhibit “A” attached hereto and made a part hereof; and be it further

            RESOLVED, that the amount of all taxes, special ad valorem levies and special assessments levied upon any parcel of real property by this County Legislature shall, except as otherwise expressly provided by law, be and become a lien thereon as of the first day of January of 2023 and shall remain a lien until paid.

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

By:  Manchester

Seconded by:  Smith

            WHEREAS, the County Treasurer has submitted to the County Legislature a report which is comprised of a list from the Villages of Elmira Heights, Horseheads, Millport, and Wellsburg of delinquent taxes for re-levy, which report is incorporated herein by reference as though fully set forth;  and

            WHEREAS, the County Treasurer has advised this Legislature that she has received a copy of a resolution adopted by each of the Boards of Trustees of the above-referenced villages requesting the County collect such delinquent taxes;  and

            WHEREAS, Chemung County has previously hereto adopted Local Law No. 2 for the Year 1988 authorizing the enforcement of delinquent village taxes; now, therefore, be it

            RESOLVED, that the County Treasurer shall pay pursuant to law to each of the aforesaid Villages said delinquent village taxes as set forth in the report referred to in the Preamble to this Resolution;  and, be it further

            RESOLVED, that the aforesaid Village taxes in the amounts set forth below shall be re-levied in 2023 as part of the Town and County taxes, together with interest as provided by law, against the real property included in the accounts of delinquent village taxes returned to the County Treasurer as more particularly identified in the report incorporated herein by reference and included in the amounts set forth below:

Elmira Heights (Town of Elmira)                                  $  37,456.70            

Elmira Heights (Town of Horseheads)                         $128,098.70

Horseheads                                                                 $  67,016.66

Millport                                                                         $    4,329.74

Wellsburg                                                                     $  18,709.10

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

           WHEREAS, the County Treasurer has herewith submitted to the Chemung County Legislature (Legislature) a report which is comprised of a certified list of those 2022-2023 unpaid school taxes to be reassessed and re-levied against the various properties more particularly identified in the aforementioned report, which report is incorporated herein by reference as though fully set forth; and

            WHEREAS, the Legislature is required to pay to the various school districts the amount thereof which has been or will be re-levied; now, therefore, be it

            RESOLVED, that the Chemung County Legislature does hereby authorize the Supervisors of the several towns in Chemung County to re-levy in accordance with Section 1330 of the Real Property Tax Law and the County Treasurer to re-levy in accordance with Section 1332 of the Real Property Tax Law upon their 2023 Town and County tax rolls the returned school taxes together with any material charges or amounts authorized by statute to be added thereto as presented to the Chemung County Legislature by the County Treasurer as more particularly set forth below:

Waverly                       $    958.85                              Ashland           $       958.85   

Waverly                       $  6,207.23

Horseheads                 $   -0-

Spencer-Van Etten      $ 16,477.31                           Baldwin           $   22,684.55  

Horseheads                $478,623.26                                       

Elmira Heights            $  28,465,67                           Big Flats         $507,088.93                       

Horseheads                 $117,431.80

Watkins Glen              $    1,399.07                           Catlin             $ 118,830.93

Spencer-Van Etten      $        214.78

Waverly                      $203,581.11                            Chemung        $203,795.89

Elmira Heights            $156,820.74                            Elmira             $156,820.74

Horseheads                 $ 93,358.58

Spencer-Van Etten      $ 60,983.32                             Erin                 $154,341.90

Horseheads                 $858,958.77

Elmira Heights             $465,106.31                           Horseheads     $1,324,065.08

Newfield                      $     -0-

Odessa-Montour         $    -0-

Spencer-Van Etten      $135,152.49                            Van Etten       $  135,152.49

Horseheads                 $186,558.14

Odessa-Montour         $  38,817.42                            Veteran          $  255,375.56

Total                                                                                                   $2,849,114.85

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

           WHEREAS, the County Treasurer has herewith submitted to the Chemung County Legislature a report which is comprised of a certified list of those 2022 unpaid sewer charges to be reassessed and re-levied against the various properties more particularly identified in the aforementioned report, which report is incorporated herein by reference as though fully set forth; now, therefore, be it

            RESOLVED, that the Chemung County Legislature does hereby authorize the County Treasurer to re-levy upon the 2023 Town and County tax rolls the returned sewer charges together with any material charges or amounts authorized by statute to be added thereto as presented to the Chemung County Legislature by the County Treasurer.

Municipality                                                  Relevy Balanced Totals

City of Elmira                                                 $607,407.49

Town of Big Flats                                           $    7,606.58

Town of Horseheads                                      $192,499.74

Town of Southport                                         $  49,391.75

Town of Veteran                                             $    2,996.10

Town of Elmira                                               $   84,554.28

Village of Elmira Heights                               $   11,021.09

Total                                                               $ 956,477.03

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

            WHEREAS, the Chemung County Budgets for fiscal year 2023 were adopted on December 5, 2022; and

            WHEREAS, budgets were adopted separately for the County of Chemung, for the Capital Program and Budget Message, for the Chemung County/Elmira Sewer District, and for Chemung County Sewer District No. 1 (collectively the “2023 Chemung County Budgets”); and

            WHEREAS, the same are on file with the Clerk of the Legislature, and are incorporated herein by reference as though herein fully set forth; now, therefore, be it

            RESOLVED, that the 2023 Chemung County Budgets as approved pursuant to the Chemung County Charter be and the same are hereby declared the Chemung County Budgets for fiscal year 2023; and, be it further

            RESOLVED, that pursuant to law those several amounts as specified in the 2023 Chemung County Budgets are adopted, approved, and appropriated for the object and purposes as specified in the aforesaid County of Chemung Budget, Capital Program, Budget Message, Budget of the Chemung County/Elmira Sewer District, and Budget of Chemung County Sewer District No. 1;  and, be it further

            RESOLVED, that the taxes shall be so levied, assessed, and collected as required by the 2023 Chemung County Budgets in a manner and at a time prescribed by law; and, be it further

            RESOLVED, that the County Executive shall maintain control at all times over the expenditures of each administrative unit, officer, employee and financial activity of Chemung County in accordance with the provisions of the 2023 Chemung County Budgets; and, be it further

            RESOLVED, that no employee of the County of Chemung shall receive during calendar year 2023 any increase in salary or wages or any stipend, bonus or other form of compensation without the express consent by resolution of this Legislature and provided for even though such increase may be included in the 2022 Chemung County Budgets; and, be it further

            RESOLVED, that any Single Rate employee who shall have been promoted at any time during 2022 shall not receive the rate of pay provided for in the 2023 Chemung County Budgets as adopted until the anniversary date in 2023 of that employee’s promotion, but shall continue to receive the same rate of pay during the period beginning January 1, 2023 and ending on their anniversary date of their promotion that they received during 2022 subsequent to their promotion; and, be it further

            RESOLVED, that no officer, employee, administrative unit, or other authorized agency shall during the fiscal year expend, or contract to expend, any money, or to incur any liability, or to enter into any contract which by its terms involves the expenditure of money for any purposes for which provision is made in the 2023 Chemung County Budgets in excess of the amounts appropriated for such fiscal year or for any other purpose without the express consent by resolution of this Legislature; and, be it further

            RESOLVED, anything in the Chemung County Purchasing Policy to the contrary notwithstanding all equipment and machinery purchase requests included in the 2023 Budget, as amended and adopted by this Legislature, shall be reviewed by the County Executive and approved by Resolution of the Legislature prior to the award of public bid for or acquisition of such items; and, be it further

            RESOLVED, that prior to the County of Chemung’s entering into an agreement or existing contract or expending any monies for capital projects or other organizational spending (labor, materials, planning, utilities, supplies, etc.) not provided for in the 2023 Chemung County Budget as adopted by the Legislature, including without limitation monies to be expended for organizations supported by the County of Chemung, the County Executive shall obtain the express consent by resolution of this Legislature;  and, be it further

            RESOLVED, that the County Executive shall report quarterly to this Legislature the variance between budgeted revenues and expenditures for 2023 and actual revenues and expenditures for 2023; and, be it further

            RESOLVED, that the conditions as stated in Resolutions No. 22-580 and 22-581 in adopting the 2023 Chemung County Budgets be and the same are hereby ratified and affirmed by this Legislature and incorporated herein as though fully set forth; and, be it further

            RESOLVED, that nothing in the Resolutions No. 22-580 and 22-581 shall be deemed to supersede any conflicting provision in New York State Law, or the Chemung County Charter or Local Laws.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Burin

Seconded by:  Drake

            WHEREAS, the Superintendent of the Chemung County Department of Buildings and Grounds has requested that R.P. Fedder Industrial, LLC (“Fedder”) be designated as a sole source provider of original equipment and manufacturer (“OEM”) parts, supplies and provision of technical support for the newly updated AERCO boilers at the Steele Memorial Library; and

             WHEREAS, designating Fedder as a sole source provider will allow proper maintenance for the boilers and heating system with the required OEM AERCO parts and supplies at the library proprietary to the AERCO systems; and

             WHEREAS, the Chemung County Director of Purchasing agrees with the sole source designation; and

             WHEREAS, the County Executive and the Buildings and Grounds Committee have recommended that the Chemung County Legislature authorize the designation of Fedder as a sole source provider of OEM AERCO parts and supplies for the updated boilers at the Steele Memorial Library; now, therefore, be it

            RESOLVED, that the Chemung County Legislature finds that the installation of OEM ARERCO parts and supplies is in the best interests of the residents of the County of Chemung as it will promote economy and efficiency as more particularly set forth in the preamble to this Resolution; and be it further

        RESOLVED, that this Legislature hereby finds that Fedder is the sole source and provider of OEM AERCO parts and supplies; and be it further

          RESOLVED, that the Chemung County Department of Buildings and Grounds shall, prior to purchasing any of these OEM AERCO parts and supplies, obtain the consent by resolution of this Legislature. 

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Drake

Seconded by:  Sweet

        WHEREAS, the Administrator of the Chemung County Nursing Facility (the “Administrator”) has advised this Legislature that pursuant to General Municipal Law (“GML”) public hospitals and nursing homes are permitted to participate in group purchasing organizations as an alternative means of purchase to formal competitive bidding or state contracts; and

    WHEREAS, the County Attorney has determined that the Chemung County Nursing Facility qualifies as a hospital pursuant to GML; and

        WHEREAS, the Administrator has requested authorization to participate in and purchase from these premier group contracting organizations, including but not limited to Pandion Optimization Alliance, Premier Seagate Alliance, and LeadingAge NY Value First, and associated vendors certain goods, equipment, and services during the period January 1, 2023 through December 31, 2023 at a total cost of $1,612,8000 (50% Federal share, 40% State share, 10% local share); and

        WHEREAS, the County Executive and the Health and Human Services Committee have recommended that the Chemung County Legislature authorize group purchasing participation and purchases for the Chemung County Health Department; now, therefore, be it

     RESOLVED, that the Director is hereby authorized and directed to purchase goods, equipment and services for the Chemung County Health Department during the period January 1, 2023 through December 31, 2023 at a total cost of $1,612,800 (50% Federal share, 40% State share, 10% local share) from premier group contracting organizations, including but not limited to Pandion and US Communities and associated vendors during 2023; and, be it further

       RESOLVED, that all purchases shall be within budgetary appropriations for 2023; and, be it further

        RESOLVED, that the terms and conditions of the purchase agreements shall be subject to the review and approval of the County Attorney and the same shall expire December 31, 2023.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Strange

Seconded by:  Drake

            WHEREAS, the Commissioner of the Chemung County Department of Public Works (the “Commissioner”) has requested authorization to enter into a Purchase Agreement with Kueper North America (“Kueper”) utilizing Sourcewell Cooperative Contract Agreement No. 06222-KUE for Snow and Ice Handling Equipment, Supplies & Accessories during the period August 11, 2022 through August 15, 2026 for an estimated annual amount of $35,000; and

            WHEREAS, the County Executive, the Highway Committee, and the Commissioner have all recommended that the Chemung County Legislature approve the purchase of snowplow blades and parts pursuant to the Sourcewell Cooperative Purchasing Agreement No. 06222-KUE; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Kueper for snowplow blades and parts during the period August 11, 2022 through August 15, 2026 at an estimated annual cost of $35,000 pursuant to Sourcewell Cooperative Contract Agreement No. 06222-KUE; and, be it further

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Strange

Seconded by:  Drake

            WHEREAS, the Commissioner of the Chemung County Department of Public Works (the “Commissioner”) has requested authorization to enter into a Purchase Agreement with GeoTab utilizing Sourcewell Cooperative Contract No. RFP-020221 (PGB-2453) for Fleet Management Technologies with Related Software Solutions during the period April 1, 2022 through March 26, 2025 with two, one-year extension options for an annual amount of $10,195.94; and

            WHEREAS, the County Executive, the Highway Committee, and the Commissioner have all recommended that the Chemung County Legislature approve the purchase of Fleet Management Technologies and Related Software Solutions pursuant to the Sourcewell Cooperative Purchasing Contract No. RFP-020221 (PGB-2453); now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with GeoTab for Fleet Management Technologies and Related Software Solutions during the period April 1, 2022 through March 26, 2025 with two, one-year extension options at an annual cost of $10,195.94 pursuant to Sourcewell Cooperative Contract Agreement No. RFP-020221 (PGB-2453); and, be it further

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Drake

            WHEREAS, the Acting Executive Director of the Chemung County Sewer District No. 1 has requested authorization to enter into a purchase agreement with NEO Chemicals & Oxides (“NEO”), a sole source provider of WaterFX 300, a proprietary compound of chemicals used in wastewater treatment and purification applications, for phosphorus removal at the Lake Street Wastewater Treatment Plant; and

            WHEREAS, pursuant to Resolution 20-295 the Chemung County Legislature designated NEO as a sole source provider of RE300 (renamed WaterFX 300); and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into a purchase agreement with NEO for WaterFX 300, the sole source vendor of a proprietary compound of chemicals used in wastewater treatment and purification applications in an estimated amount of $175,000 during the period January 1, 2023 through December 31. 2023; and, be it further

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Drake

     WHEREAS, sealed bids, pursuant to RFB-2444, were received and opened on October 27, 2022 for the Furnish and Deliver of Polymer (the “Polymer”)to the Chemung County Sewer Districts (“CCSD”); and

      WHEREAS, the Acting Executive Director of the Sewer Districts and the Director of Purchasing have recommended the acceptance of the lowest responsible bid meeting all bid specifications for the Equipment; and

      WHEREAS, the County Executive and the Multi-Services 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 Polymer to the CCSD, Pollu-Tech, Inc. as more particularly described in the bid submitted by Pollu-Tech, Inc.; now, therefore, be it

      RESOLVED, that the Chemung County Legislature does hereby find that Pollu-Tech, Inc. is the lowest responsible bidder meeting all bid specifications for the Polymer; and, be it further

      RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Pollu-Tech, Inc. for the Polymer as more specifically set forth in the bid submitted by Pollu-Tech; and, be it further

    RESOLVED, that the terms and conditions of the agreement between the County of Chemung and Pollu-Tech, Inc. 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Drake

            WHEREAS, the Acting Executive Director of the Chemung County Sewer Districts has requested authorization to enter an agreement with Emmons Metro, LLC (“Emmons”) for the purchase of control panels for three (3) pump stations for the Chemung County Sewer Districts at a total cost of $61,158; and

             WHEREAS, pursuant to Resolution No. 22-459 the Chemung County Legislature designated Emmons as the sole source provider (manufacturer) of pump control panels; and

            WHEREAS, the County Executive and the Multi-Services Committee have recommended 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 Emmons for the purchase of three (3) pump control panels for the Chemung County Sewer Districts at a total cost of $61,158; and, be it further

            RESOLVED, the terms and conditions of this 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Woodard

Seconded by:  Drake

           WHEREAS, the Director of the Chemung County Department of Information Technology has requested a Purchase Agreement with Carahsoft Technology Corporation (“Carahsoft”) for annual renewal of Granicus software subscription for livestreaming of county meetings during 2023 utilizing GSA Schedule No. 47QSWA18D008F at a cost not to exceed $24,421.17; and

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

          RESOLVED, that the County Executive is hereby authorized and directed to enter into a Purchase Agreement with Carahsoft for annual renewal of Granicus software subscription for livestreaming of county meetings during 2023 utilizing GSA Schedule No. 47QSWA18D008F in the amount of $24,421.17; and, be it further

          RESOLVED, that the terms and conditions of the Purchase Agreement are subject to the review and approval of the County Attorney; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, pursuant to Section 3-204 of the Election Law, the Chairman of the Chemung County Democratic Party has filed with the Clerk of the Chemung County Legislature a Certificate of Party Recommendation recommending James Hare be appointed as the Democratic Election Commissioner for Chemung County; and

            WHEREAS, pursuant to Section 3-204 of the Election Law, the Chairman of the Chemung County Republican Party has filed with the Clerk of the Chemung County Legislature a Certificate of Party Recommendation recommending Sperry Navone be appointed as the Republican Election Commissioner for Chemung County; now, therefore be it

            RESOLVED, that James Hare be and hereby is appointed Democratic Election Commissioner for a two (2) year term commencing January 1, 2023 and terminating December 31, 2024, pursuant to law; and be it further

            RESOLVED, that Sperry Navone be and hereby is appointed Republican Election Commissioner for a two (2) year term commencing January 1, 2023 and terminating December 31, 20124, pursuant to law; and be it further

 
           RESOLVED, that the Clerk of the Legislature be and hereby is authorized and directed to file in the office of the Clerk of the County of Chemung a certified copy of this resolution as the Certificate of Appointment of the Commissioners of Election, and the Chemung County Clerk shall immediately notify the State Board of Elections of such appointments.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Chemung County Attorney has requested the re-creation of a full-time Legal Secretary position, CSEA Grade 10, $20.72 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 County Attorney’s request; now, therefore, be it

            RESOLVED, that one full-time Legal Secretary position be and the same hereby is re-created, effective December 12, 2022 for the Chemung County Attorney’s Office; and, be it further

            RESOLVED, that the County Attorney is hereby authorized and directed to fill one full-time Legal Secretary position, CSEA Grade 10, $20.72 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Chemung County Public Defender has requested the re-creation of a part-time Assigned Counsel Administrator position, $35,000 annual salary (100% State reimbursement), 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 Public Defender’s request; now, therefore, be it

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

            RESOLVED, that the Public Defender is hereby authorized and directed to fill one part-time Assigned Counsel Administrator position, $35,000 annual salary (100% State reimbursement); and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Chemung County Public Defender has requested the re-creation of a part-time Grant Coordinator position for the Assigned Counsel Program, $30,000 annual salary (100% State reimbursement), 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 Public Defender’s request; now, therefore, be it

            RESOLVED, that one part-time Grant Coordinator position for the Assigned Counsel Program be and the same hereby is re-created, effective December 12, 2022 for the Chemung County Public Defender’s Office; and, be it further

            RESOLVED, that the Public Defender is hereby authorized and directed to fill one part-time Grant Coordinator position for the Assigned Counsel Program, $30,000 annual salary (100% State reimbursement); and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Chemung County Public Defender has requested the re-creation of a full-time Confidential Secretary position, CSEA Grade 10, $22.89 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 Public Defender’s request; now, therefore, be it

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

            RESOLVED, that the Public Defender is hereby authorized and directed to fill one full-time Confidential Secretary position, CSEA Grade 10, $22.89 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Acting Executive Director of the Chemung County Sewer Districts (the “Director”) has requested the re-creation of a full-time Wastewater Treatment Plant Operator III position, $33.58 per hour, due to the retirement of an employee; and

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

            RESOLVED, that one full-time Wastewater Treatment Plant Operator II position be and the same hereby is re-created, effective December 12, 2022 for the Chemung County Sewer Districts; and, be it further

            RESOLVED, that the Director is hereby authorized and directed to fill one full-time Wastewater Treatment Plant Operator II  position, $33.58 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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

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

         WHEREAS, the Chemung County Director of Public Health (the “Director”) has requested that this Legislature re-create one Registered Nurse position (Certified Home Health Agency), one Deputy Registrar position, and one Senior Clerk position, position due to the retirements and resignations of employees; and

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

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

         RESOLVED, that the following positions be and the same are hereby re-created effective December 12, 2022:

 CHEMUNG COUNTY DEPARTMENT OF HEALTH

  POSITION                                       SALARY/WAGE                   REIMBURSEMENT

     (1) Registered Nurse (CHHA)                   $28.02-$29.30/hr.                                90%

     (1) Deputy Registrar                                  $22.30-$37.08/hr.

     (1) Senior Clerk                                         $15.39-$27.64/hr.   

and, be it further

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

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

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

         WHEREAS, the Chemung County Commissioner of Human Services (the “Commissioner”) has requested that this Legislature re-create one Caseworker position, one Eligibility Clerk position, one Case Aide position, one Community Services Worker position, two Community Services Aide positions, and one CIS Facilitator position due to the promotion and resignations of employees; and

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

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

         RESOLVED, that the following positions be and the same are hereby re-created effective December 12, 2022:

 CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES AND MENTAL HYGIENE

  POSITION                                       SALARY/WAGE                   REIMBURSEMENT

     (1) Caseworker                                          $23.28 per hour                                  67%

     (1) Eligibility Clerk                                   $17.58 per hour                                   75%

     (1) Community Services Worker               $15.17 per hour                                   75%

     (2) Community Services Aides                 $13.20 per hour                                   62%

     (1) CIS Facilitator                                      $22.30 per hour                                   62%

     (1) Case Aide                                           $15.39 per hour                                    67%

and, be it further

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

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

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

         WHEREAS, the Administrator of the Chemung County Nursing Facility (“CCNF”) has requested that this Legislature re-create one Personnel Assistant due to the resignation of an employee; and

         WHEREAS,  the County Executive has requested the re-creation of a Nursing Home Administrator position due to the resignation of an employee

         WHEREAS, the aforementioned positions are contained within the Staffing Plan for the CCNF; and

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

         RESOLVED, that the following positions be and the same are hereby re-created effective December 12, 2022:

 CHEMUNG COUNTY NURSING FACILITY

  POSITION                                       SALARY/WAGE                   REIMBURSEMENT

     (1) Personnel Assistant                  $43,075-$66,850 annual salary                       90%

     (1) Nursing Home Administrator  $87-667-$136,073 annual salary                      90%

and, be it further

        RESOLVED, that the Administrator be and hereby is authorized and directed to fill the Personnel Assistant position at the title and within the wage rate indicated; and, be it further

        RESOLVED, that the County Executive is hereby is authorized and directed to fill the Nursing Home Administrator position at the title and within the wage rate indicated; and, be it further

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

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

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

         WHEREAS, the Chemung County Sheriff has requested that this Legislature re-create one full-time Correction Officer due to the resignation 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 positions be and the same are hereby re-created effective December 12, 2022:

 CHEMUNG COUNTY JAIL

  POSITION                                       SALARY/WAGE                   REIMBURSEMENT

     (1) Correction Officer                                $21.61-$32.63                                     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: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Chalk

Seconded by:  Briggs

            WHEREAS, the Acting Executive Director (the “Director”) of Chemung County Sewer District No. 1 has requested the creation of a full-time Maintenance Worker I position, Grade 5, $19.94 per hour to better meet the needs of the Department; and

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

            RESOLVED, that one full-time Maintenance Worker I position be and the same hereby is created for Chemung County Sewer District No. 1 effective December 12, 2022; and, be it further

            RESOLVED, that the Director is hereby authorized and directed to fill one full-time Maintenance Worker I position, Grade 5, $19.94 per hour; and, be it further

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

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by:  Smith

            WHEREAS, the Notice of Public Hearing for the 2023 Tentative Chemung County Budget included the maximum salaries of the members of the County Legislature, including the Chairman, Vice Chairman, Majority Leader and Minority Leader of said body, as required by Sections 200 and 359 of County Law; now, therefore, be it

              RESOLVED, that the salary of each County Legislator of the County of Chemung for the year commencing January 1, 2023, shall be paid as set forth opposite each position listed as follows:

Members of the Chemung County Legislature (11)                                       $17,591.14

Minority Leader, Chemung County Legislature                                             $20,369.77

Majority Leader, Chemung County Legislature                                             $20,369.77

Vice Chairman, Chemung County Legislature                                               $21,957.56

Chairman, Chemung County Legislature                                                       $42,217.01

and, be it further

              RESOLVED, that the Legislators’ salaries shall be subject to the following conditions:

Legislators who participate in the Excellus Blue Cross/Blue Shield health insurance program shall be subject to all terms and conditions contained therein, including, but not limited to, the obligation to make any and all contributions and payments for prescriptions, office visits to health care providers, and deductibles as sponsored by the County of Chemung for its employees subject to all terms and conditions contained in the Single Rate Personnel Benefit Policy.

Ayes: Sweet, Donovan, Woodard, Burin, Chalk, Briggs, Drake, Smith, Strange, Manchester (Chairman) (10); Opposed: Brennan, Margeson, Sonsire, McCarthy (4); Excused: Pastrick (1) 

By:  Drake

Seconded by:  Smith

            RESOLVED, that pursuant to the recommendation of the Chemung County Board of Health, the County Executive, and the Health and Human Services Committee, this Legislature does hereby authorize on behalf of the Chemung County Health Department effective November 1, 2022 the adoption of a revised fee schedule for certain environmental health services as shown more particularly on a memorandum from the Public Health Director to the County Executive dated September 27, 2022 incorporated herein by reference as if fully set forth; and, be it further

            RESOLVED, that a monthly report of fees collected shall be forwarded to the Chemung County Treasurer and the Chemung County Legislature with the fees deposited daily as provided pursuant to the policies of the County of Chemung.

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

By:  Manchester

Seconded by: Drake

        WHEREAS, Introductory Local Law No. 5 for the Year 2022 has been introduced and filed with the County Legislature seven (7) calendar days prior to consideration, exclusive of Sunday, upon the desks of the members of the Chemung County Legislature as required by Section 20 of the Municipal Home Rule Law; and the Clerk of the County Legislature has made her affidavit of service of filing the same; and

       WHEREAS, Municipal Home Rule Law, Section 20 requires the Chief Executive Officer of the County to hold a Public Hearing thereon within the time limits as stated therein; and

        WHEREAS, the Chemung County Charter, Article II, provides for adoption of Local Laws by the Chemung County Legislature; now, therefore, be it

       RESOLVED, that pursuant to Municipal Home Rule Law Sections 20 and 24 (2)(h) and Article II of the Chemung County Charter, the following Introductory Local Law No. 5 for the Year 2022 be and the same is hereby enacted and promulgated by the Chemung County Legislature as follows:

COUNTY OF CHEMUNG INTRODUCTORY LOCAL LAW NO. 5 FOR THE YEAR 2022

A Local Law entitled “A Local Law Authorizing Increase in Salary of Elected Officials and Officials Appointed for a Fixed Term in the County of Chemung”

BE IT ENACTED by the Chemung County Legislature of the County of Chemung, State of New York, as follows:

Section 1.        The salary per annum for 2023 for the following named Elected Officials in the County of Chemung is hereby authorized as follows:

County Executive       $152,864

County Treasurer        $140,368

County Sheriff            $135,306 

County Clerk               $  98,556                                          

Section 2.        The salary per annum for 2023 for the following named Officials appointed for a fixed term in the County of Chemung is hereby authorized as follows:

Real Property Tax Services Director II                      $  79,759

Public Works Commissioner                                      $140,434

Human Services Commissioner                                 $142,015

Superintendent of Buildings and Grounds                 $127,504

Section 3.     The above referenced salaries and compensation shall be subject to the following conditions:

Each official shall participate in the Excellus Blue Cross/Blue Shield of Central New York health insurance program subject to all terms and conditions contained therein, including, but not limited to, the obligation to make any and all contributions and payments for prescriptions, office visits to health care providers, and deductibles.

Section 4.        This Local Law is subject to referendum on petition as provided by law.

Section 5.        This Local Law shall take effect immediately upon appropriate filing with the Department of State.

and, be it further

    RESOLVED, that the Clerk of the Chemung County Legislature be and hereby is authorized to transmit the same to the County Executive for a public hearing and said County Executive shall hold said public hearing within twenty (20) days after the presentation of said Local Law Introductory No. 5 for the Year 2022 to him.

Ayes: Sweet, Brennan, Donovan, Woodard, Burin, Chalk, Briggs, Drake, Smith, Strange, Manchester (Chairman) (11); Opposed: Margeson, Sonsire, McCarthy (3); Excused: Pastrick (1) 

By:  Legislature as a Whole

Seconded by: Legislature as a Whole

            WHEREAS, Brian J. Hyland was elected to the Chemung County Legislature on January 1, 2011, and he faithfully served the Legislature and the residents the sixth district of the County of Chemung for twelve years; and

            WHEREAS, during his tenure with the Legislature, Brian was appointed as Chairman of the Corrections and Law Enforcement Committee for the 2014-2018 term, served on the Building and Grounds and Multi-Services Standing Committees of the Chemung County Legislature, the Legislative Audit Advisory Committee, as well as the Chemung County Soil and Water Conservation District Board, the Chemung County Traffic Safety Board, and the Chemung County Human Relations Committee; and

            WHEREAS, throughout his career Brian Hyland was known for his dedication in serving the residents of the Towns of Baldwin, Chemung, Erin, and Van Etten through his regular attendance at Town Board meetings and fire department and community functions; and

            WHEREAS, Brian’s dedication and selfless service to his community was evident through his commitment to a number of professional and community organizations including the Boy Scouts of America, Make a Wish Foundation, National Bone Marrow Registry, Local Emergency Planning Committee, Criminal Justice Council, Chemung Board of Fire Commissioners, Chemung Zoning Board of Appeals, and the Pan American Tae Kwon Do Association; and

            WHEREAS, as dedicated as he was to serving the residents of the sixth district, Brian J. Hyland was always devoted to the care and support of his family, filling the role of husband, father, grandfather, son, son-in-law, and brother with love and deep affection; now, therefore, be it

            RESOLVED, that the Chemung County Legislature, on behalf of the officials, employees and residents of the County of Chemung hereby offers its thanks and gratitude to the family Brian J. Hyland for his years of dedication and service; and, be it further

            RESOLVED, that the Clerk of the Chemung County Legislature be, and she hereby is authorized and directed to forward a certified copy of this resolution to Suzanne Hyland with our deepest appreciation and gratitude. 

Ayes: Sweet, Brennan, Margeson, Donovan, Sonsire, Woodard, Burin, Chalk, Briggs, McCarthy, Drake, Smith, Strange, Manchester (Chairman) (14); Excused: Pastrick (1); Opposed:  None (0)

MOTION

By:   Sweet

Seconded by:   Drake

            MOVED, that this meeting of the Chemung County Legislature be adjourned until Sunday, January 1, 2023 in the Legislative Chambers, 5^th floor, Hazlett Building, 203 Lake Street, Elmira, New York

CARRIED.