Legislature was called to order by the Clerk of the Legislature.  The following members were present when the Clerk called the roll:

Morse __x__               Saglibene _x___         Sweet _x___               Brennan ____

Margeson _x___         Donovan __x__          Palmer _x___              Pickering __x__

Burin __x__                Chalk _x___                Stermer _x___            McCarthy __x__

Drake __x__               Smith __x__                Strange __x__

MOTION

By:  Sweet

Seconded by:  Morse

            MOVED, that Legislator Brennan be excused from these proceedings.

CARRIED.

MOTION

By:  Sweet

Seconded by:  Morse

            MOVED, that the reading of the minutes of the November 13, 2023 and December 4, 2023 meetings of the Full Legislature be dispensed with, and that they stand accepted as corrected by the Clerk.

CARRIED.

MOTION

By:  Smith

Seconded by: McCarthy

            MOVED, that Communications No. 18-01 through 18-09 incorporated herein by reference as though fully set forth, be received, and placed on file.

CARRIED.

                                                                   MOTION

By:  Chalk

Seconded by:  Strange

     MOVED, that the committee reports of November 27, 2023 and December 4, 2023 be accepted as presented and corrected

CARRIED.

MOTION

By:  Sweet

Seconded by:  Burin

            MOVED, that the report of the Special meeting of the Budget Committee be accepted as presented by the Chairman of the Committee and that Resolution 23-670 be added to the agenda.

CARRIED.

MOTION

By:  Burin

Seconded by:  Sweet

     MOVED, that the following Resolutions be considered as one for voting purposes:  23-590 through 23-609, 23-610 through 23-640, 23-641 through 23-652, 23-653 through 23-662, 23-663 through 23-666, 23-667 stands alone, 23-668 through 23-670.

CARRIED.

LEGISLATOR’S COMMENTS

Mrs. Morse stated that she cannot support a 3% raise in Legislative salaries, noting that salaries have been increased every year dating back to 2011, except in 2020 and 2021.  She stated that Legislators do not live off their legislative salaries, therefore a COLA increase is not necessary, especially in a year when taxes are being increased.  She stated that every increase in salary also raises the pension and FICA costs.  She remarked that the changes to the In Rem Foreclosure Proceedings will have a detrimental impact on the county’s budget going forward and she cannot in good conscience vote in favor of a salary increase for the Legislature knowing that there are people in the county who are struggling.

Mr. McCarthy agreed with Mrs. Morse and stated that salaries are one area of the budget that the Legislature can control.  The increase proposed is small but trending upward.  He suggested that the Legislature should do all they can to stop the trend, especially with the upward trend in the tax rate and a decreasing population.

Mr. Saglibene agreed with both Mrs. Morse and Mr. McCarthy, stating that he has received thanks from a lot of his constituents regarding his stance on pay raises for the Legislature.  He agrees that is not a lot of money, however, it is the principle, it is the right thing to do.

In response to comments by Mr. McCarthy regarding the trend of increasing county taxes, Mr. Sweet stated that this is not true.  Prior to the 2024 budget, the county tax rate has decreased every year since 2008, and in 2023 the tax rate was decreased substantially.  Mr. Sweet noted that the 2024 tax rate of 2.8% is lower than the 2008 rate.  The average homeowner in Chemung County pays $2.18 per thousand of assessed value which equates to $280.00 less than 2008.  He noted that the County Executive has approved the 2024 budget as amended by the Legislature.  Funding for the 3% raise for the Legislature was included in the amendments proposed and the Legislature voted unanimously in favor of the 2024 budget as amended.  The 2024 tax rate will not change if the Legislature decides not to take the raise.

Mr. Stermer stated that he has listened to and watched who voted against the 3% raise for the Legislature.  He noted that (most) Legislators work hard for their constituents and the betterment of the county.  He personally works hard for his constituents every day.  A rough calculation of his hourly rate works out to $3.62 per hour.  People who are dedicated to their jobs and work hard deserve to be compensated. 

Mr. Smith raised concerns regarding the functionality of the County Fire Radio System.  The in-building penetration issues have been ongoing, and it has been nearly two years since he brought the issue to the attention of the County Executive, yet nothing has been done.  This is a serious safety issue affecting first responders and civilians alike.  He has no doubts that the issue would have been addressed promptly if it were a public safety issue.  Mr. Margeson stated that he has discussed the issue with the County Executive and will follow up again.

Mr. Burin highlighted some of the accomplishments of the Legislature and County Executive over the course of 2023, including:

·         Incubator Works Project is up and running.  One graduating class in 2023.

·         Funding for infrastructure at the Arena.  Many issues have been addressed/repairs and upgrades have been completed.  A free skate and movie was held on December 10, 2023 with over 1,000 in attendance.

·         The Legislature returned $5.5 million to the taxpayers in 2023 through a significant tax rate reduction

·         $2 million in Fund Balance was returned to Towns for an enhance Road Program

·         Establishment of a Contingency and Tax Stabilization Reserve Fund

·         The General Fund is at an all-time high

·         Funding for the establishment of a Federally Qualified Health Center

·         Increased the income levels for the Senior Tax Exemption.  Over 1,300 Seniors are now eligible for the exemption.

·         The members of the legislative leadership were involved in the budget process with the County Executive and Deputy County Executive. 

By:  Burin

Seconded by:  McCarthy

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

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  McCarthy

         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 2024.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Burin

Seconded by:  McCarthy

            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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Burin

Seconded by:  McCarthy

            WHEREAS, the State of New York has, pursuant to Section 556 of the Real Property Tax Law, authorized payment of tax refunds without prior audit for refunds not exceeding $2,500; and

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

            RESOLVED, that there is hereby delegated to the Director the power to authorize the Chemung County Treasurer to make payment during calendar year 2024 of any refund or credit of taxes not exceeding the sum of $2,500 without prior audit, as provided in Section 556(8) of the Real Property Tax Law, as amended, with the following provisions:

1.      That the Director shall comply with all provisions under the Real Property Tax Law, Section 556, as amended, relative to the refund or credit of taxes;

2.      That on or before the 15^th day of each month the Director shall submit to the Buildings and Grounds Committee of this Legislature a report of the refunds or credits processed by such official during the preceding month, embodying in that report the information as required under the aforesaid statute;

3.      That in no case shall the total amount of such refund or credit exceed the amount appropriated by the County Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  McCarthy

             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 2024 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  McCarthy

            WHEREAS, Request for Proposals for website redesign and marketing (RFP-2548 – Branding and Marketing for CTRAN) where issued on behalf of the Chemung County Planning Department and the Elmira-Chemung Transportation Council; and

          WHEREAS, the proposals were reviewed and evaluated on November 28, 2023 and the Chemung County Commissioner of Planning (“the Commissioner”) has recommended the acceptance of the proposal from Idea-Kraft; and

            WHEREAS, the Commissioner has requested authorization to enter into an agreement, on behalf of the Elmira-Chemung Transportation Council, with Idea-Kraft for the provision of website redesign and marketing for CTRAN during the two-year period beginning January 1, 2024 and ending December 31, 2025 at a cost of $150 per hour (100% Federal share); and

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute an agreement with Idea-Kraft for the provision of website redesign and marketing for CTRAN during the two-year period beginning January 1, 2024 and ending December 31, 2025 at a cost of $150 per hour (100% Federal share); and, be it further

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

            RESOLVED, that upon termination of the Federal funding for any reason, the contract for the Project 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 grant agreement amended without express consent by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Sweet

Seconded by:  McCarthy

            WHEREAS, Director of Aviation has requested authorization to enter into an agreement with WETM-TV for the use of the Elmira Corning Regional Airport (the “ECRA”) for the 2024 American Pride Ride and Set the Sky to Music Fireworks (the “Fireworks”) hosted by WETM-TV on June 22, 2024 contingent upon the approval of the Federal Aviation Administration for the use of airspace and for compliance by WETM-TV with FAA rules, regulations, and requirements for non-aeronautical activities; and

            WHEREAS, The American Pride Ride is a fundraising event that will benefit five local charities including Children’s Miracle Network, Salvation Army, American Red Cross, Elmira’s Vietnam Veteran’s War Museum, Bath VA;

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned agreement with WETM-TV, the terms and conditions of that agreement to be subject to the review and approval of the County Attorney, at no cost to the County of Chemung; and, be it further

            RESOLVED, that any agreement with WETM-TV shall be contingent upon the prior written approval of the FAA for the American Pride Ride and the Set the Sky to Music Fireworks; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Burin

Seconded by:  McCarthy

           WHEREAS, the Chemung County Superintendent of Buildings and Grounds has requested approval of a professional services agreement with the LaBella Associates for the provision of a study of the chiller and air handling units at 150 Lake Street (the “Project”) during the period December 12, 2023 through December 31, 2024 at a cost not to exceed $19,250 (100% Federal share [ARPA]); and

           WHEREAS, the Chemung County Legislature has approved the use of American Rescue Plan Act funds for the Project; and

           WHEREAS, the County Executive and the Buildings and Grounds 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 a professional services agreement with the LaBella Associates for the provision of a study of the chiller and air handling units at 150 Lake Street (the “Project”) during the period December 12, 2023 through December 31, 2024 at a cost not to exceed $19,250 (100% Federal share [ARPA]); 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 term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature. 

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Burin

Seconded by:  McCarthy

            WHEREAS, the Chemung County Superintendent of Buildings and Grounds has requested approval of an agreement with the LaBella Associates for professional services for the preparation of Cadd files (floor plan documentation) for county-owned property located at 150 Lake Street at a cost not to exceed $10,560 (100% reimbursed by NYS Unified Court System); and

            WHEREAS, the County Executive and the Buildings and Grounds 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 a professional services agreement with the LaBella Associates for the preparation of Cadd files (floor plan documentation) for county-owned property located at 150 Lake Street at a cost not to exceed $10,560 (100% reimbursed by NYS Unified Court System); and

            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 term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature. 

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Burin

Seconded by:  McCarthy

            WHEREAS, the Chemung County Superintendent of Buildings and Grounds has requested approval of a professional services agreement with the Hunt Engineers, Architects, Land Surveyors & Landscape Architects, DPC (“Hunt”) for architectural and engineering services for the design of a new accessible ramp and path at the Chemung County Senior Center during the period November 13, 2023 through December 31, 2024 at a cost not to exceed $12,450; and

            WHEREAS, the County Executive and the Buildings and Grounds 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 a professional services agreement with Hunt for architectural and engineering services for the design of a new accessible ramp and path at the Chemung County Senior Center during the period November 13, 2023 through December 31, 2024 at a cost not to exceed $12,450; and

            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 term thereof extended, or the agreement amended without the express consent by Resolution of this Legislature. 

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Drake

Seconded by:  McCarthy

           WHEREAS, the Chemung County Director of Probation has requested authorization to enter into an agreement with Medlab, Inc. (“Medlab”) for the provision of drug testing services during the period January 1, 2024 through December 31, 2026 at an annual cost of $19,800 (12% State share, 88% local share); and

            WHEREAS, the County Executive and the Corrections and Law Enforcement 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 with Medlab for the provision of drug testing services during the period January 1, 2024 through December 31, 2026 at an annual cost of $19,800 (12% State share, 88% local share); and, be it further

            RESOLVED, that the terms and conditions of the agreement with Medlab 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  McCarthy

            WHEREAS, the Chemung County Public Health Director has requested approval of service provider agreements for rabies program services during 2024; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into agreements with the various service providers during the period January 1, 2024 through December 31, 2024 listed on Exhibit “A” attached hereto and made a part hereof, the terms and conditions of which shall be subject to the approval of the County Attorney, in the total amount of $12,800 (100% State share); and, be it further

            RESOLVED, that upon termination of the State funding for any reason the service provider 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 positions funded by the receipt of 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 by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  McCarthy

            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 2024 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 2024” which schedule is referred hereto and made a part hereof as if set forth at length herein, in the total amount of $2,750 (50% Federal share, 40% State share, 10% local share) for the period January 1, 2024 through December 31, 2024; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  McCarthy

           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, 2024 through December 31, 2024 at a cost to the County of Chemung of $5,000 (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, 2024 through December 31, 2024 at a cost to the County of Chemung of $5,000 (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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Chalk

Seconded by:  McCarthy

         WHEREAS, the Director of Personnel/Labor Relations has requested authorization to enter into an agreement with Arnot Medical Services (“Arnot”) for Arnot’s Center for Occupational and Environmental Medicine division to provide occupational health services (pre-employment physicals and fitness-for-duty examinations) to the Chemung County Personnel Department during the period January 1, 2024 through December 31, 2024 at various predetermined costs for each employee based upon the tests and screening required; and

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

       RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned agreement with Arnot, the terms and conditions of that agreement to be subject to the approval of the County Attorney, for the period January 1, 2024 through December 31, 2024; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  McCarthy

           WHEREAS, pursuant to RFP-2452 and Resolution No. 23-038 the Chemung County Legislature authorized and no cost agreement with Auctions International (“AI”) for auction services for real property acquired by the County of Chemung through tax foreclosure proceedings (the “Services”) during 2023; and

      WHEREAS, the Chemung County Treasurer has requested that the first one-year renewal option be authorized under the same terms and conditions as the proposal submitted by AI; and

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

           RESOLVED, that the County Executive is hereby authorized and directed to renew the agreement with AI for auction services for real property acquired by the County of Chemung through tax foreclosure proceedings (the “Services”) during the period January 1, 2024 through December 31, 2024 under the same terms and conditions as the proposal submitted by AI ; and, be it further

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

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  McCarthy

            WHEREAS, pursuant to Resolution No. 23-422 the Chemung County Legislature authorized various service provider agreements on behalf of the Chemung County Health Department for Public Health Programs (the “Programs”); and

            WHEREAS, the Director of the Chemung County Health Department has requested that the agreement with S2AY Rural Health Network, Inc. be amended to include additional services to automate the referral and admission process at an additional cost not to exceed $5,330 (100% state share) 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 this request; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to enter into an amended agreement with S2AY Rural Health Network, Inc. to include additional services to automate the referral and admission process at an additional cost not to exceed $5,330 for a new total cost of $155,330 (45% Federal share, 45% State share, 10% local share) during the period January 1, 2023 through December 31, 2023; and, be it further

            RESOLVED, that the terms and conditions of the amended agreement with S2AY Rural Health Network, Inc. are subject to the review and approval of the County Attorney; and, be it further

            RESOLVED, that the amended agreement with S2AY Rural Health Network, Inc. is subject to and conditioned upon the receipt by the County of Chemung of the 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 Western 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  McCarthy

         WHEREAS, pursuant to Resolution No. 22-624 the Chemung County Legislature authorized 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 Executive Director of the Chemung County Elmira Sewer District has requested that the agreement with MPR be amended to include $6,000 for additional services provided by MPR in 2023; and

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

         RESOLVED, that the County Executive is hereby authorized and directed to execute an amended agreement with MPR to include $6,000 for additional services provided by MPR for a total cost in the amount of $32,000, 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 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  McCarthy

            WHEREAS, the Executive Director of the Chemung County Elmira Sewer Districts 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, 2024 through December 31, 2024 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, 2024 through December 31, 2024 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  McCarthy

           WHEREAS, the County Executive and the Budget Committee have recommended that the Chemung County Legislature approve certain applications for Community Development Projects which are eligible to receive Community Development Funds during 2023; 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

Tompkins Corners Vol. Fire Company, Inc.

District 1                                             Equipment                                              $3,000 

Millport Fire Department

District 1                                             Purchase used pumper tank                  $2,500

Millport Family Day Committee

District 1                                             Annual Community Day Event               $1,500

National Soaring Museum

District 2                                             Repair Front Steps                                 $2,166

Wings of Eagles Discovery Center

District 2                                             Saturday STEM Sessions                      $1,500

Tanglewood Nature Center & Museum

District 2                                             OWL Conferencing Unit                         $1,500

Bentley-Trumble American Legion Post 442

District 4                                             Veteran Banners                                    $7,666

Community Arts of Elmira

District 11                                           Elmira Infinite Canvas Projects              $3,600

John W. Jones Museum

District 11                                           Ongoing support                                     $1,500

Friends of the Elmira Civil War Prison Camp

District 11                                           Heritage Center                                      $1,500

Near Westside Neighborhood Association, Inc.

District 11                                           Maintenance/Victorian Row Park           $1,000                               

and, be it further

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Saglibene

             WHEREAS, Request for Proposals for a Transition Project for CTRAN (RFP-2549) where issued on behalf of the Chemung County Planning Department and the Elmira-Chemung Transportation Council; and

            WHEREAS, the proposals were reviewed and evaluated on September 28, 2023 and the Chemung County Commissioner of Planning (“the Commissioner”) has recommended the acceptance of the proposal from Wendel WD Architecture, Engineering, Surveying & Land (“WD”); and

             WHEREAS, the Commissioner has requested authorization to enter into an agreement, on behalf of the Elmira-Chemung Transportation Council, with WD for the provision of engineering and design services for the CTRAN Transition Project (the “Project”) during the two-year period beginning January 1, 2024 and ending December 31, 2025 at a cost not to exceed $397,950 ($282,000 Federal share, $115,950 State share); and

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

             RESOLVED, that the County Executive is hereby authorized and directed to execute an agreement with WD for the provision of engineering and design services for the CTRAN Transition Project (the “Project”) during the two-year period beginning January 1, 2024 and ending December 31, 2025 at a cost not to exceed $397,950 ($282,000 Federal share, $115,950 State share); and, be it further

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

             RESOLVED, that upon termination of either the Federal or State funding for any reason, the contract for the Project 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 grant agreement amended without express consent by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Saglibene

            WHEREAS, Request for Proposals for Route Planning for CTRAN (RFP-2550) where issued on behalf of the Chemung County Planning Department and the Elmira-Chemung Transportation Council; and

           WHEREAS, the proposals were reviewed and evaluated on September 28, 2023 and the Chemung County Commissioner of Planning (“the Commissioner”) has recommended the acceptance of the proposal from Creighton Manning Engineering, LLP (“CME”); and

            WHEREAS, the Commissioner has requested authorization to enter into an agreement, on behalf of the Elmira-Chemung Transportation Council, with CME for the provision of engineering and design services for the CTRAN Route Planning Project (the “Project”) during the two-year period beginning January 1, 2024 and ending December 31, 2025 at a cost not to exceed $234,120 (100% Federal share); and

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute an agreement with CME for the provision of engineering and design services for the CTRAN Route Planning Project (the “Project”) during the two-year period beginning January 1, 2024 and ending December 31, 2025 at a cost not to exceed $234,120 (100% Federal share); and, be it further

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

            RESOLVED, that upon termination of either the Federal or State funding for any reason, the contract for the Project 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 grant agreement amended without express consent by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Saglibene

            WHEREAS, the Chemung County Commissioner of Planning, on behalf of the Elmira-Chemung Transportation Council,  has requested authorization to apply for and to accept a grant from the New York State Department of Transportation (“NYSDOT”) Transportation Alternatives Program (“TAP”) grant  for the design and construction of the Trail Connection Project to connect the Catherine Valley Trail and the Lackawanna Rail Trail to create one contiguous trail from Lowman to Watkins Glen (the “Project”) in an amount not to exceed $6,250,000 ($5,000,000 Federal share, $1,250,000 local share); and

            WHEREAS, the County Executive and the Multi-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 NYSDOT TAP grant for the Project in the amount of $6,250,000 (($5,000,000 Federal share, $1,250,000 local share); and, be it further

            RESOLVED, that upon termination of the Federal funding for any reason, the contract for the Project shall 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Saglibene

       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, 2024 through December 31, 2024; 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 Multi-Services Committee have recommended that the Chemung County Legislature approve this agreement; now, therefore, be it

       RESOLVED, that the County Executive is hereby authorized and directed to execute a 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, 2024 through December 31, 2024 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by: Saglibene

            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, 2024 through December 31, 2024; 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 Multi-Services Committee have recommended that the Chemung County Legislature approve this agreement; now, therefore, be it

            RESOLVED, that the County Executive is hereby authorized and directed to execute a 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, 2024 through December 31, 2024 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Saglibene

           WHEREAS, pursuant to Resolution No. 20-379 the Chemung County Legislature authorized an agreement with Larson Design Group (“LDG”) for professional engineering services for the County Route 64 Pump Station Rehabilitation Project (the “Project”) at a cost not to exceed $19,600; and

            WHEREAS, the Executive Director of CCESD has advised this Legislature that there is a proposed change order to the aforementioned contract in the amount of $18,200 for additional construction phase services for the existing Maple Street Pump Station; and

            WHEREAS, the County Executive and the Multi-Services 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 $18,200 with LDG for a new total cost for the agreement of $37,800; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Saglibene

            WHEREAS, pursuant to Resolution No. 22-646 and RFB-2444 the Chemung County Legislature awarded a bid to Pollu-Tech, Inc. (“PT”) for the furnish and delivery of polymer product to the Chemung County Sewer Districts (“CCSD”) during 2022; and

            WHEREAS, the Executive Director of the Chemung County Sewer Districts has requested that the agreement with PT be extended for one additional year under the same terms and conditions of the bid award at a cost of $27.53 per gallon of liquid polymer (approximate annual cost of $21,703) and $2.80 per pound of dry polymer (approximate annual cost of $53,200); and

            WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature authorize the Executive Director’s request for a one-year extension of the original agreement with PT; now, therefore, be it

            RESOLVED, that the Chemung County Executive is hereby authorized and directed to execute a one-year extension to the agreement with PT for polymer product under the same terms and conditions of the bid award at a cost of $27.53 per gallon of liquid polymer (approximate annual cost of $21,703) and $2.80 per pound of dry polymer (approximate annual cost of $53,200); and, be it further

            RESOLVED, that the extended agreement shall be subject to the review and approval of the County Attorney; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Saglibene

   WHEREAS, pursuant to RFB-2353 and Resolution No. 21-669 the Chemung County Legislature awarded a bid to Staples for the provision of office supplies to the County of Chemung during the period January 1, 2023 through December 31, 2023; and

    WHEREAS,  the Chemung County Director of Central Services has requested that the agreement with Staples be extended for one year under the same terms and conditions and at the same bid discounts as provided in the original bid by Staples; and

      WHEREAS, the County Executive and the Multi-Services Committee have recommended that the Chemung County Legislature approve the Director’s request for a one-year extension of the original agreement with Staples; now therefore, be it

     RESOLVED, that the County Executive is hereby authorized and directed to execute a one-year extension to the agreement with Staples for the provision of office supplies to the County of Chemung under the same terms and conditions and at the same bid discounts as provided in the original bid by Staples; and, be it further

       RESOLVED, that the extended agreement shall be subject to the review and approval of the County Attorney; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Sweet

Seconded by:  Saglibene

            WHEREAS, pursuant to RFB-2441 and Resolution No. 22-493 the Chemung County Legislature awarded a bid to Pelican Chemicals, Inc. (“PC”) for the provision and delivery of solid runway deicing material on behalf of the Elmira Corning Regional Airport during 2023; and

            WHEREAS, the Chemung County Director of Aviation (the “Director”) has requested that the agreement with PC be extended for one additional year under the same terms and conditions of the bid award at a cost of $1,904.66/1000k Super Sak: and

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

            RESOLVED, that the Chemung County Executive is hereby authorized and directed to execute an extended agreement with PC, subject to the review and approval of the County Attorney, for the provision and delivery of solid runway deicing material at a cost of $1,904/1000l Super Sak as duly set forth in original bid by PC; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Sweet

Seconded by:  Saglibene

            WHEREAS, pursuant to RFP-2036-R and Resolution No. 21-516 the Chemung County Legislature authorized a two-year agreement with ASM North America (“ASM”) for the provision of Air Services Development Consultant Services at a cost not to exceed the proposal submitted by ASM of $60,000 annually on behalf of the Elmira Corning Regional Airport; and

            WHEREAS, the Chemung County Director of Aviation (the “Director”) has requested that the agreement with PC be extended for an additional two-year period at an annual cost of $66,264: and

            WHEREAS, the County Executive and the Aviation Committee have recommended that the Chemung County Legislature authorize the Director’s request for a two-year extension of the original agreement with ASM; now, therefore, be it

            RESOLVED, that the Chemung County Executive is hereby authorized and directed to execute an extended agreement with ASM, subject to the review and approval of the County Attorney, for the provision of Air Services Development Consultant Services at an annual cost of $66,264 as duly set forth in the proposal by ASM; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Sweet

Seconded by:  Saglibene

           WHEREAS, pursuant to RFB-2441 and Resolution No. 22-494 the Chemung County Legislature awarded a bid to Seneca Mineral (“SM”) for the provision and delivery of potassium acetate liquid runway deicing material on behalf of the Elmira Corning Regional Airport during 2023; and

            WHEREAS, the Chemung County Director of Aviation (the “Director”) has requested that the agreement with SM be extended for one additional year under the same terms and conditions of the bid award at a cost of $6.07/gallon: and

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

            RESOLVED, that the Chemung County Executive is hereby authorized and directed to execute an extended agreement with SM, subject to the review and approval of the County Attorney, for the provision and delivery of potassium acetate liquid runway deicing material at a cost of $6.07/gallon as duly set forth in original bid by SM; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Burin

Seconded by:  Saglibene

            WHEREAS, pursuant to Resolution No. 23-498 the Chemung County Legislature authorized an agreement with AJH Design for professional design and engineering services for the Elevator Modernization Project for 203 Lake Street (Hazlett Building) during the period September 13, 2023 through December 31, 2025 at a cost not to exceed $22,300 (100% Federal share [ARP]); and

            WHEREAS, the Superintendent of the Chemung County Department of Buildings and Grounds (the “Superintendent”) has requested that the Chemung County Legislature rescind Resolution 23-498 as AJH Design has not responded to numerous requests to execute the contract for this agreement; and

            WHEREAS, the Superintendent has requested that authorization to enter into an agreement with Hunt Engineers, Architects, Land Surveyors & Landscape Architects (“Hunt”) (as the next lowest bidder) for professional design and engineering services for the Elevator Modernization Project for 203 Lake Street (Hazlett Building) (the “Project”) during the period December 13, 2023 through December 31, 2026 at a cost not to exceed $28,950 (100% Federal share [ARP]); and

            WHEREAS, the Chemung County Legislature has approved the use of American Rescue Plan Act funds for the Project; and

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

            RESOLVED, that Resolution No. 23-498 is hereby rescinded; and, be it further

            RESOLVED, that the County Executive is hereby authorized and directed to execute an agreement with Hunt for professional design and engineering services for the Elevator Modernization Project for 203 Lake Street (Hazlett Building) (the “Project”) during the period December 13, 2023 through December 31, 2026 at a cost not to exceed $28,950 (100% Federal share [ARP]); and, be it further

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

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

Ayes:  Morse, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (13); Abstain:  Saglibene (1); Excused:  Brennan (1)

By:  Drake 

Seconded by:  Saglibene

            WHEREAS, the Chemung County Sheriff has requested authorization to apply for and to accept a New York State Division of Criminal Justice Services (“NYSDCJS”) Law Enforcement Technology grant to purchase and install Axon in-car dash cam video equipment in all Sheriff’s patrol cars (the “Equipment”) in an amount not to exceed $205,000 (100% State share); and

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

            RESOLVED, that the County Executive is hereby authorized and directed to apply for and to accept the Law Enforcement Technology grant from NYSDCJS for the Equipment in the amount of $205,000 (100$ State share); and, be it further

            RESOLVED, that upon termination of the State funding for any reason, the contract for the Equipment shall 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Drake

Seconded by:  Saglibene

            WHEREAS, pursuant to Resolution No. 21-585 and RFB-2307 the Chemung County Legislature authorized an agreement on behalf of the Chemung County Sheriff with Delacy Ford, Inc. (“Delacy”) for used vehicle purchase; and

            WHEREAS, the Sheriff has requested that the agreement with Delacy be renewed under the same terms and conditions and at the same bid discounts as submitted by Delacy for RFB-2307; 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 renew the agreement with Delacy for used vehicle purchase, under the same terms and conditions and at the same bid discounts as submitted by Delacy for RFB-2307, during the period January 1, 2024 through December 31, 2024 at a cost not to exceed $42,864; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Drake

Seconded by:  Saglibene

            WHEREAS, the Chemung County Sheriff (the “Sheriff”) has requested authorization to enter into an agreement with Finn Academy (“Finn”) for the provision by the Sheriff’s Office of one (1) Special Patrol Officer (the “Services”) to assist in ensuring safety and security at Finn during the period September 1, 2023 through June 30, 2024 at an annual reimbursement for the Services by the Finn in the amount of $38,241; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned annual reimbursement agreement with Finn in the amount of $38,241 for the period September 1, 2023 through June 30, 2024, 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Drake

Seconded by:  Saglibene

           WHEREAS, the Chemung County Sheriff (the “Sheriff”) has requested authorization to enter into an agreement with the Elmira City School District (the “District”) for the provision by the Sheriff’s Office of three (3) full-time Deputy Sheriff’s and eight (8) part-time Special Patrol Officers (the “Services”) to assist the District in ensuring safety and security at each of the District’s schools, during the two-year period September 1, 2023 through June 30, 2025 at a total cost of $1,179,571.82 (an annual reimbursement for the Services by the District in the amount of  $589,785.91); and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned two-year reimbursement agreement with the District in the amount of $1,179,571.82 ($589,785.91 annually) for the period September 1, 2023 through June 30, 2025, 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Drake

Seconded by:  Saglibene

            WHEREAS, the Chemung County Sheriff (the “Sheriff”) has requested authorization to enter into an agreement with the Horseheads Central School District (the “District”) for the provision by the Sheriff’s Office of one (1) full-time Deputy Sheriff Sergeant and eight (6) part-time Special Patrol Officers (the “Services”) to assist the District in ensuring safety and security at each of the District’s schools, during the two-year period September 1, 2023 through June 30, 2025 at a total cost of $726,619.66 (annual reimbursement for the Services by the District in the amount of  $363,309.83); and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into the aforementioned two-year reimbursement agreement with the District in the amount of $726,619.99 ($363,309.83 annually) for the period September 1, 2023 through June 30, 2025, 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Drake

Seconded by:  Saglibene

            WHEREAS, pursuant to RFB-2351 and Resolution No. 22-134 the Chemung County Legislature awarded a bid to Elm Chevrolet for the provision of fleet vehicle maintenance and repair services (collectively the “Service”) during the period January 1, 2022 through December 31, 2022 in an amount not to exceed $60,000; and

            WHEREAS, the Sheriff has requested that the agreement with Elm Chevrolet (“Elm”) be renewed under the same terms and conditions and at the same bid discounts as submitted by Elm for RFB-2351; 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 renew the agreement with Elm for the Services, under the same terms and conditions and at the same bid discounts as submitted by Elm for RFB-2351, during the period January 1, 2024 through December 31, 2024 at a cost not to exceed $60,000; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  Saglibene

            WHEREAS, the Director of the Chemung County Department of Youth and Recreational Services (the “Director”) has requested approval to enter into an agreement with the New York State Office of Children and Family Services during the period October 1, 2023 through September 30, 2024 for the Resource Allocation Package which will provide funding for Chemung County Youth Bureau funded programs; and

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

         RESOLVED, that the County Executive is hereby authorized and directed, subject to the review and approval of the terms and conditions of the agreement by the County Attorney, to execute an agreement with the New York State Office of Children and Family Services during the period October 1, 2023 through September 30, 2024 Resource Allocation Package funding to Chemung County in the amount of $174,589 (100% State share); 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 that State funding or upon termination of all or any portion of the State funding for any reason for any of the programs or services to be contracted for, that those programs or services, including personnel positions funded by the receipt of State monies, shall also terminate without further action by this Legislature; and, be it further

         RESOLVED, that 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  Saglibene

            WHEREAS, the Chemung County Director of Public Health (the “Director”) has requested approval of an agreement with Christopher Shields of Coroner/Medical Examiner and Death Investigation Services for the Chemung County Coroner’s Program during the period October 1, 2023 through December 31, 2024 at a cost of $25,000; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute agreement with Christopher Sheilds of Coroner/Medical Examiner and Death Investigation Services, subject to the review and approval of the County Attorney, during the period October 1, 2023 through December 31, 2024 at a cost of $25,000; and, be it further

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  Saglibene

            WHEREAS, the Chemung County Director of Public Health (the “Director”) has requested approval of agreements with various providers of Coroner/Medical Examiner and Death Investigation Services for the Chemung County Coroner’s Program during 2024 at a cost of $312,504; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute agreements with various providers of Coroner/Medical Examiner and Death Investigation Services, subject to the review and approval of the County Attorney, during the period January 1, 2024 through December 31, 2024 at a cost of $312,504; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  Saglibene

            WHEREAS, the Chemung County Public Health Director has requested approval of service provider agreements for the Women, Infants & Children Program during 2024; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into agreements with the various service providers during the period January 1, 2024 through December 31, 2024, listed on Exhibit “A” attached hereto and made a part hereof, the terms and conditions of which shall be subject to the approval of the County Attorney, in the total amount of $53,200 (100% State share); and, be it further

            RESOLVED, that upon termination of the State funding for any reason the service provider 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 positions funded by the receipt of 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 by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  Saglibene

            WHEREAS, the Chemung County Public Health Director, on behalf of the Chemung has requested approval of agreements for various Public Health Programs (the “Programs”) during 2024; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to enter into agreements with the service providers for the Programs during the period January 1, 2024 through December 31, 2024, listed on Exhibit “A” attached hereto and made a part hereof, the terms and conditions of which shall be subject to the approval of the County Attorney, in the total amount of $160,924.20 (100% State share) and, be it further

            RESOLVED, that upon termination of either the Federal or State funding for any reason the service provider 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 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 by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:   Saglibene

       WHEREAS, the Chemung County Nursing Facility (“CCNF”) issued a Request for Proposals for Therapy/Rehabilitation Servies (the “Services”) (RFP-2552); and

       WHEREAS, evaluations were completed and the Administrator of the CCNF has recommended an agreement with HealthPro Heritage/Affinity Rehabilitation, LLC for provision of the Services; and

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

        RESOLVED, that the County Executive is hereby authorized and directed to enter into agreement, subject to the review and approval of the County Attorney, with HealthPro Heritage/Affinity Rehabilitation, LLC, (50% Federal share, 40% State share, 10% local share) for the provision of services in the amounts set forth in the respective proposals submitted; and, be it further

        RESOLVED, that upon termination of the Federal and/or State funding for any reason, the contract for the services 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.

         RESOLVED, that upon termination of the Federal and/or State funding for any reason, the contract for the Services 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  Saglibene

        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, 2024 through December 31, 2024; 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 2024 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, 2024 through December 31, 2024;  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, 2024, none of the agreements shall be renewed or amended without the express consent by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  Saglibene

            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 2024 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 2024” 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 $4,815,071 ($2,110,667 Federal share, $1,680,460 State share, $1,023,944 local share) for the period January 1, 2024 through December 31, 2024; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  Saglibene

        WHEREAS, the Chemung County Director of Public Health, on behalf of the Chemung County Home Health Agency has requested approval of various service provider agreements during 2024; and

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

      RESOLVED, that the County Executive is hereby authorized and directed to enter into agreements with the various service providers during the period January 1, 2024 through December 31, 2024, listed on Exhibit “A” attached hereto and made a part hereof, the terms and conditions of which shall be subject to the approval of the County Attorney, in the total amount of $ (43% Federal share, 2% State share, 10% local share, Other share (insurance & other sources); and, be it further

        RESOLVED, that upon termination of either the Federal or State funding for any reason the service provider 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 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 by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:   Saglibene

            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, 2024 through December 31, 2024; 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, 2024 through December 31, 2024 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, WellCare 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, 2024, none of the agreements shall be renewed or amended without the express consent by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Strange

Seconded by:  Saglibene

            WHEREAS, the Commissioner of the Chemung County Department of Public Works (the “Commissioner”) has requested that various materials and services agreements be renewed for one year, extending the term of the agreements through March 31, 2025, at an estimated cost of $1,405,000, under the same terms and conditions and at the same bid discounts as approved pursuant to Resolution No. 23-208; and

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

            RESOLVED, that the County Executive is hereby authorized and directed to extend the following 2023/2024 bid renewals for one additional year, for a term ending March 31, 2025 at a total estimated cost of $1,405,000:

RFB-2380 – Tires and Related Services:  McCarthy (80,000)

RFB-2402 – Highway fuel: Stewart P. Wilson ($330,000)

RFB-2461 – Steel Shapes: Chemung Supply Corp ($50,000)

RFB-2462 – Ready Mix Concrete: Porter’s Concrete Service, Inc. ($100,000)

RFB-2464 – PVC In-line drainage basins: Chemung Supply Corp., (not currently used by the County)

RFB-2466 – Culvert Construction: Silverline Construction, Wenzel Construction ($350,000)

RFB-2467 – Micro Surfacing:  Suit-Kote, Vestal Asphalt ($350,000)

RFB-2480 – Stone Filling & Rip-Rap:  TMT Gravel, FS Lopke/Austin S&G ($125,000)

RFB-2484 – Topsoil:  McDonald Contracting ($20,000)

RFB-2485 – Chip Seal: Austin S&G ($100,000)

and, be it further

          RESOLVED, that the County Executive is hereby authorized and directed to renew agreements with the aforementioned vendors for one-year, through March 31, 2025, under the same terms and conditions and at the same bid discounts as submitted by the successful vendors for the Materials and Services at a total estimated cost of $1,405,000  as more specifically set forth in the bids submitted by the Successful Vendors; and, be it further

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

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Strange

Seconded by:  Saglibene

       WHEREAS, pursuant to Resolution No. 21-239, the Chemung County Legislature approved the Chemung County Local Road Safety Plan (“CCLRSP”) and authorized acceptance of New York State Department of Transportation Highway Safety Improvement Project funding in the amount of $3,750,000; and

       WHEREAS, the Commissioner of the Chemung County Department of Public Works (the “Commissioner”) has requested authorization to enter into a professional services agreement with Barton & Loguidice (“B&L”) for the design of the CCLRSP (PIN 6755.50) for the period beginning December 1, 2023 and ending December 31, 2025 at a cost not to exceed $555,000 (100% State share); and

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

        RESOLVED, that the County Executive is hereby authorized and directed to execute a professional services agreement with B&L for the design of the CCLRSP during the period December 1, 2023 through December 31, 2025 at a cost not to exceed $555,000 (100% State Share); and, be it further

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

        RESOLVED, that the execution of the agreement with B&L is subject to and conditioned upon the receipt by the County of Chemung of the State monies referred to in the Preamble to this Resolution and in the event the County of Chemung does not receive the State monies more particularly described in the Preamble to this Resolution, the agreement with B&L for professional services 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, amended, or the initial term thereof extended without the express consent by Resolution of this Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Strange

Seconded by:  Saglibene

            WHEREAS, the New York State Department of Transportation (“NYSDOT”) has mandated Project Specific Audits for any Locally Administered Federal Aid (“LAFA”) projects with consultant fees exceeding $300,000; and

            WHEREAS, the Commissioner of the Chemung County Department of Public Works has requested authorization to enter into an agreement with EFPR Group, LLC (“EFPR”) for the provision of audit services during 2024 at a per hour cost of $150 (approximately 180 hours) (local share varies from 0% to 5% depending on the project) for the following LAFA projects:

PIN 6754.12/6755.19 Horseheads Connector Road Project

PIN 6754.88 CR08 Lowman Crossover Bridge Project

PIN 6755.28 CR69 Penna. Ave. over Seely Creek Bridge Project 

PIN 6755.29 CR69 Penna. Ave. over Bird Creek Bridge Project

And,

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

            RESOLVED, that the County Executive is hereby authorized and directed to execute and agreement with EFPR for audit services during 2024 at a per hour cost of $150 (approximately 180 hours) (local share varies from 0% to 5% depending on the project) for the aforementioned projects as mandated by NYSDOT; and, be it further

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

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

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:

$100,000 from 10 1990 1990 50408 Contingency

            To 10 1620 0000 50406 34 Building Maintenance

Appropriations:

Inc. Rev. Acct. 10 4010 4010 43401 SA Public Health                                 $22,208

Inc. App. Acct. 10 4010 4010 50444 Services/Outside Consultant               $  5,330

Inc. App. Acct. 10 4010 4010 50100 01 Payroll/regular                                $16,878

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

            WHEREAS, the Chemung County Budgets for fiscal year 2024 were adopted on December 4, 2023; 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 “2024 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 2024 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 2024; and, be it further

            RESOLVED, that pursuant to law those several amounts as specified in the 2024 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 2024 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 2024 Chemung County Budgets; and, be it further

            RESOLVED, that no employee of the County of Chemung shall receive during calendar year 2024 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 2024 Chemung County Budgets; and, be it further

            RESOLVED, that any Single Rate employee who shall have been hired or promoted at any time during 2023 shall not receive the rate of pay provided for in the 2024 Chemung County Budgets as adopted until the anniversary date in 2024 of that employee’s hie or promotion, but shall continue to receive the same rate of pay during the period beginning January 1, 2024 and ending on their anniversary date of their hire or promotion that they received during 2023 subsequent to their hire or 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 2024 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 2024 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 2024 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 2024 and actual revenues and expenditures for 2024; and, be it further

            RESOLVED, that the conditions as stated in Resolutions No. 23-588 and 23-589 in adopting the 2024 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. 22-588 and 22-589 shall be deemed to supersede any conflicting provision in New York State Law, or the Chemung County Charter or Local Laws.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

            RESOLVED, that the total amount to be raised by tax levy of $26,826,921 ($26,440,515      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 $808,481 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 $470,959 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 $3,773,615 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 2024 and shall remain a lien until paid.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded:  Palmer

            WHEREAS, the Director of Budget and Research has advised this Legislature that the Capital Program of the County of Chemung as contained in the 2023 Chemung County Budget adopted by the Chemung County Legislature on December 5, 2022, should be revised to include additional funding in the amount of $212,000 for RFB-2572, Maple Street Pump Station Rehabilitation Project (the “Project”); and

            WHEREAS, the County Executive and the Budget Committee have recommended that the Chemung County Legislature include the Project costs within the 2023 Capital Program; now, therefore, be it

            RESOLVED, that the Chemung County Legislature does hereby approve the amendment of the Capital Program of the County of Chemung as contained in the 2023 Chemung County Budget adopted on December 5, 2022 to include the Project at cost of $612,000; and, be it further

            RESOLVED, that the acquisition of any equipment or the undertaking of any Project as contained in the 2023 Capital Program, as amended, must comply with all provisions of Section 103 of the General Municipal Law, all provisions of the State Environmental Quality Review Act, the policies of the County as they relate to the purchase of equipment and procurement of services by the County, and the laws, rules and regulations governing the borrowing of monies by the County to pay for capital acquisitions.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

RESOLVED, that pursuant to law the County Treasurer is hereby authorized and directed to pay to the State Comptroller of the State of New York, the sums certified to be due and payable under Sections 6304 and 6305 of the Education Law, and to charge back the amounts so paid to the City of Elmira, New York, and to the Towns in Chemung County in proportion to the number of students attending community colleges who are residents of such city or town as follows:

Ashland                                  $  47,000.00

Baldwin                                   $  33,000.00

Big Flats                                  $425,000.00                

Catlin                                       $  85,000.00

Chemung                                 $  85,000.00

Elmira (Town)                          $345,000.00

Erin                                          $125,000.00

Horseheads                             $750,000.00

Southport                                 $335,000.00

Van Etten                                 $  85,000.00

Veteran                                    $160,000.00

Elmira (City)                             $675,000.00

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

            RESOLVED, that the report of the Chemung County Treasurer dated October 31, 2023, setting forth the accounts of the several towns in the County of Chemung and the City of Elmira, New York, to be applied to the 2024 County Tax Levy be received, ordered printed, and adopted as recommended by the Budget Committee as follows:

Town of Ashland                     $     2,195.14

Town of Baldwin                     $            0.00

Town of Big Flats                    $   58,447.24                  

Town of Catlin                         $     3,642.40                    

Town of Chemung                   $     4,502.31             

Town of Elmira                        $     2,195.42                    

Town of Erin                            $     9,400.90                   

Town of Horseheads               $   21,648.06     

Town of Southport                   $     3,990.10               

Town of VanEtten                    $     1,413.30                       

Town of Veteran                      $            0.00                       

City of Elmira                          $            0.00                  

Total:                                       $  107,434.87

                                                ============

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

     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                                                                     $             1,400.00

Fire Protection District #1                                                      $          67,400.00

BALDWIN

Fire District #1                                                                        $          76,203.00

BIG FLATS

Light District #1                                                                     $            8,926.00

Water District #4                                                                    $          13,183.00

Water District #1, 2, 3 – S5 WD 243                                     $          35,211.00

Water District #1, 2, 3 – S5 WD 245                                     $          50,883.00

Big Flats Fire District #1                                                        $        933,900.00

Golden Glow Fire District #2                                                 $        112,491.00

West Hill Fire District #3                                                       $          25,632.80

CATLIN

Beaver Valley Light District                                                  $             3,750.00

Fire Protection District #1                                                      $         105,955.00

Fire Protection District #2                                                      $           41,500.00

Fire Protection District #3                                                      $         120,355.00

Water District                                                                         $           15,900.00

CHEMUNG

Light District 281                                                                   $           16,200.00

Fire District 281                                                                     $         381,228.00

ELMIRA

Light District #1                                                                     $          61,000.00

Light District #2                                                                     $               540.00

Light District #3                                                                     $            1,500.00

Light District #4                                                                     $               450.00

Light District #5                                                                     $               160.00

Fire Commission #1                                                               $        844,329.00

Fire Protection District #2                                                      $          21,571.00

Fire Commission #3                                                               $          23,807.00

Fire Protection District #4                                                      $          15,500.00

Fire Protection District #5                                                      $          52,954.00       

Park District                                                                           $        171,186.00

Traffic District                                                                       $        593,877.00 

ERIN

Erin Fire District #1                                                               $        163,318.00

Erin Special Light District                                                     $            2,640.00

HORSEHEADS

SD 1                                                                                       $              - 0-

SD2                                                                                        $               -0-

SF 1                                                                                        $        466,369.00

SF 2                                                                                        $        166,327.00

SF3                                                                                         $          64,924.00

Light District 1                                                                       $            3,900.00

Light District 2                                                                       $            2,200.00

Light District 3                                                                       $          33,000.00

Light District 4                                                                       $            1,500.00

Light District 5                                                                       $            5,000.00

Light District 6                                                                       $               500.00

Light District 7                                                                       $               350.00

Light District 8                                                                       $            7,000.00

Light District 9                                                                       $               600.00

Light District 10                                                                     $               800.00

Light District 11                                                                     $            1,210.00

Light District 12                                                                     $            1,100.00

Light District 13                                                                     $            1,400.00

Light District 14                                                                     $            3,000.00

Light District 15                                                                     $               550.00

Water District 9                                                                      $                   -0-

Water District 10                                                                    $          12,541.00

SOUTHPORT

Light District #1                                                                     $          65,000.00

Southport Fire Protection District #1                                     $        408,000.00

Big Flats Fire District #2                                                        $          17,019.00

Webb Mills Fire District #4                                                    $        176,472.00

Pine City Fire District #1                                                        $        175,440.00     

VAN ETTEN

Fire Protection District                                                           $        160,000.00

Water District                                                                         $          77,000.00

VETERAN

Fire Protection District SF1                                                    $          83,192.00

Fire Protection District SF2                                                    $          17,790.00

Fire Protection District SF3                                                    $          81,000.00

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                       $   311,462.00

            Baldwin                       $   226,431.00

            Big Flats                      $3,468,217.80             

            Catlin                          $    567,000.00

            Chemung                     $   853,468.00

            Elmira                         $1,619,599.00

            Erin                             $   718,761.00

            Horseheads                 $2,763,422.00

            Southport                    $1,811,931.00

            Van Etten                    $   706,448.00

            Veteran                       $   666,800.00

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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

           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 2024 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)                    $ 34,807.02            

Elmira Heights (Town of Horseheads)           $141,259.01

Horseheads                                                   $182,868.19

Millport                                                           $    3,736.70                                                          Wellsburg                                                       $  20,923.69

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

           WHEREAS, the County Treasurer has herewith submitted to the Chemung County Legislature (Legislature) a report which is comprised of a certified list of those 2023-2024 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 2024 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                       $    841.92                              Ashland         $      841.92   

Waverly                       $ 10,634.85

Horseheads                  $   -0-

Spencer-Van Etten      $ 23,228.88                          Baldwin           $   33,863.73  

Horseheads                  $401,693.02                                      

Elmira Heights            $  44,702.01                           Big Flats         $446,395.03                       

Horseheads                 $134,597.18

Watkins Glen              $    1,806.87                           Catlin             $ 136,404.05

Spencer-Van Etten      $   3,856.37

Waverly                      $170,567.75                            Chemung       $174,424.12

Elmira Heights            $108,630.69                            Elmira           $108,630.69

Horseheads                 $  78,910.99

Spencer-Van Etten      $ 51,314.89                             Erin               $130,225.88

Horseheads                 $867,889.04

Elmira Heights           $ 411,773.56                           Horseheads     $1,279,662.60

Newfield                      $   -0-

Odessa-Montour         $    -0-

Spencer-Van Etten      $131,375.92                            Van Etten       $  131,375.92

Horseheads                 $217,704.50

Odessa-Montour         $  25,679.71                            Veteran          $  243,384.21

Total                                                                                                 $2,685,208.15

                                                                                                            =========

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

           WHEREAS, the County Treasurer has herewith submitted to the Chemung County Legislature a report which is comprised of a certified list of those 2023 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 2024 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                                                 $893,080.37

Town of Big Flats                                           $  17,514.48

Town of Horseheads                                       $321,997.04

Town of Southport                                         $  74,959.74

Town of Veteran                                             $    5,417.16

Town of Elmira                                               $111,225.36  

Village of Elmira Heights                               $   20,684.96

Total                                                               $1,444,879.11

                                                                        ===========

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Palmer

RESOLVED, that pursuant to Real Property Tax Law Sections 1212 and 1214 the certified statement of equalization rates as established by the New York State Office of Real Property Services and set forth below is hereby received, approved, and ordered placed on file in the Office of the Clerk of the Chemung County Legislature:

TOWN                                                            STATE EQUALIZATION RATES

CHEMUNG COUNTY                                                             83.93%

ASHLAND                                                                                 1.13%

BALDWIN                                                                                 1.29%

BIG FLATS                                                                              94.00%

CATLIN                                                                                  100.00%

CHEMUNG                                                                              92.00%

ELMIRA                                                                                    73.00%

ERIN                                                                                         62.50%

HORSEHEADS                                                                        99.00%

SOUTHPORT                                                                           85.00%

VAN ETTEN                                                                             74.00%

VETERAN                                                                                80.00%

CITY OF ELMIRA                                                                    66.00%

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:  Palmer

            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, 2024 through December 31, 2024; 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, 2024 through December 31, 2024.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Sweet

                WHEREAS, the 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 $190,000 during the period January 1, 2024 through December 31. 2024; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Sweet

            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 2024 utilizing GSA MAS 8F: 47QSWA18D008F at a cost not to exceed $26,396.44; 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 2024 utilizing GSA MSA 8F: 47QSWA18D008F in the amount of $26,396.44; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Sweet

    WHEREAS, sealed bids, pursuant to RFB - 2572, were received and opened on November 3, 2023 for Maple Street Pump Station Replacement Project (the “Project”); and

  WHEREAS, Larson Design Group, the engineer for the Project has reviewed the bid submissions and by letter dated November 8, 2023, Andrew Kuzio, Project Manager, Larson Design Group, has recommended the acceptance of the lowest responsible bid meeting all bid specifications for the Project; and

    WHEREAS, the County Executive and the Multi-Services Committee have reviewed the bid specifications, the bids submitted, the recommendation of the Project Manager and they all recommend the Chemung County Legislature award the bid to the lowest responsible bidder meeting all bid specifications for the Project i.e., Vacri Construction (“Vacri”), as more particularly described in the bid submitted by Vacri; now, therefore, be it

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

  RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Vacri for the Project in the amount of $592,000, as more specifically set forth in the bid submitted by Vacri; and, be it further

 RESOLVED, that the terms and conditions of the agreement between the County of Chemung and Vacri 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Burin

Seconded by:  Sweet

          WHEREAS, the Superintendent of the Chemung County Department of Buildings and Grounds has requested authorization to enter into a Purchase Agreement with Integrated Systems (“IS”) utilizing Broome County Piggyback Contract PGB-2448, RFB-2020-018, CA-2362-4 for the purchase and installation of cameras at 150 Lake Street during the period December 13, 2023 through June 30, 2024 at a cost not to exceed $48,001.22; and

          WHEREAS, the County Executive, the Buildings and Grounds Committee have recommended that the Chemung County Legislature approve the purchase and installation of the Equipment pursuant to Broome County Piggyback Contract PGB-2448, RFB-2020-018, CA-2362-4; now, therefore, be it

        RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with IS for the purchase and installation of cameras at 150 Lake Street during the period December 13, 2023 through June 30, 2024 at a cost not to exceed $48,001.22 utilizing Broome County Piggyback Contract PGB-2448, RFB-2020-018, CA-2362-4 and, be it further

        RESOLVED, that the terms and conditions of the Purchase Agreement with IS 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Drake

Seconded by:  Saglibene

          WHEREAS, pursuant to RFB-2397 and Resolution No. 22-414 the Chemung County Legislature awarded a bid to Bush Electronics (“Bush”) for Vehicle Upfitting Services (the “Services”) during the period September 11, 2022 through September 11, 2023 at a cost of $50,000; and

          WHEREAS, the Chemung County Sheriff has requested that the agreement with Bush be renewed for the period September 11, 2023 through September 11, 2024 under the same terms and conditions of the bid award; and

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

          RESOLVED,  that the County Executive is hereby authorized and directed to renew the agreement with Bush for vehicle upfitting services during the period September 11, 2023 through September 11, 2024 at a cost not to exceed $50,000; and, be it further

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

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

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, 2024 through December 31, 2024 at a total cost of $1,613,000 (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 Nursing Facility; now, therefore, be it

    RESOLVED, that the Director is hereby authorized and directed to purchase goods, equipment and services for the Chemung County Nursing Facility during the period January 1, 2024 through December 31, 2024 at a total cost of $1,613,000 (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 2024; and, be it further

      RESOLVED, that all purchases shall be within budgetary appropriations for 2024; 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, 2024.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Donovan

Seconded by:   Sweet

         WHEREAS, the Chemung County Public Health Director (the “Director”) 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 Health Department qualifies as a hospital pursuant to GML; and

         WHEREAS, Director has requested authorization to participate in and purchase from these premier group contracting organizations, including but not limited to Pandion and US Communities, and associated vendors certain goods, equipment, and services during the period January 1, 2024 through December 31, 2024 at a cost of $71,400 ($16,640 Federal share, $44,160 State share, $6,440 local share, $4,160 other 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, 2024 through December 31, 2024 at a cost of $71,400 ($16,640 Federal share, $44,160 State share, $6,440 local share, $4,160 other share) from premier group contracting organizations, including but not limited to Pandion and US Communities and associated vendors during 2024; and, be it further

           RESOLVED, that all purchases shall be within budgetary appropriations for 2024; 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, 2024.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Sweet

            WHEREAS, the Chemung County Purchasing Director has requested authorization to utilize bids awarded by other government entities in New York State pursuant to the provisions of Section 103 (3) of the General Municipal Law of the State of New York; 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 Purchasing Director be and she hereby is authorized and directed to utilize bids awarded in other New York State counties for the procurement of common supplies, equipment, software, apparatus, materials, and services or to contract for services related to the installation, maintenance, or repair of apparatus, materials, equipment, and supplies pursuant to the provisions of General Municipal Law Section 103(3) as the same may be amended from time to time; and, be it further

            RESOLVED, that the Purchasing Director prior to issuing any purchase orders or entering into any purchase contracts for the procurement of those items or for services related to the installation, maintenance, or repair of those items the subject of this Resolution, shall first obtain in accordance with the Chemung County Purchasing Policy the express authorization by resolution of the Chemung County Legislature.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Sweet

           WHEREAS, the Chemung County Commissioner of Planning on behalf of the Chemung County Transit Board has requested authorization to enter into a Purchase Agreement with Mohawk Lifts, Inc. (“Mohawk”) utilizing New York State Office of General Services (“NYSOGS”) Contract PC69416 – Vehicle Lifts & Associated Garage Equipment, PGB-2609 for purchase of a two (2) portable bus lifts (the “Equipment”) at a cost not to exceed $82,945.28 (100% State share); and

          WHEREAS, the County Executive, the Multi-Services Committee have recommended that the Chemung County Legislature approve the purchase of the Equipment pursuant to NYSOGS Contract PC69416 – Vehicle Lifts & Associated Garage Equipment, PGB-2609; now, therefore, be it

        RESOLVED, that the County Executive is hereby authorized and directed to enter into an agreement with Mohawk for the equipment at a cost not to exceed $82,945.28 (100% State share) pursuant to NYSOGS Contract PC69416 – Vehicle Lifts & Associated Garage Equipment, PGB-2609; and, be it further

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

         RESOLVED, that upon termination of the State funding for any reason, the contract for the Project 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Smith

Seconded by:  Saglibene

            WHEREAS, the 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 $70,000 during the period January 1, 2024 through December 31, 2024; 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, 2024 through December 31, 2024 at a cost of $70,000; 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Chalk

Seconded by:  Burin

          WHEREAS, the Administrator of the Chemung County Nursing Facility (the “Administrator”) has requested the creation of one full-time Social Worker Assistant position to better meet the needs of the Chemung County Nursing Facility; and

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

      RESOLVED, that one full-time Social Worker Assistant position be and the same is hereby created effective December 12, 2023; and, be it further

        RESOLVED, that the Administrator be and he hereby is authorized and directed to fill the following full-time position:

CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES

 POSITION                                         SALARY/WAGE                  REIMBURSEMENT

 (1) Social Worker Assistant           B1/B2 Grade 12/$24.45-$42.79/hr.                90%

 and, be it further

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

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Chalk

Seconded by:  Burin

       WHEREAS, the Chemung County Director of Public Health has requested the creation of one part-time Nurse Practitioner position and one temporary part-time Public Health Nurse position to better meet the needs of the Chemung County Health Department; and

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

     RESOLVED, that one part-time Nurse Practitioner position and one temporary part-time Public Health Nurse be and the same are hereby created effective December 12, 2023; and, be it further

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

CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES

 POSITION                                         SALARY/WAGE                  REIMBURSEMENT

 (1) Nurse Practioner                                 Single Rate/$58.95/hr.                       85%

 (1)  temporary Public Health Nurse          NYSNA step 8(B)/$46.68/hr.              85% 

and, be it further

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

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Chalk

Seconded by:  Burin

      RESOLVED, that pursuant to Section 201 of County Law, the salary for the following elected official be and the same is hereby designated and authorized for the first year of her new term beginning January 1, 2024, as follows:

            Chemung County Treasurer       $111,851

and, be it further

     RESOLVED, that the aforesaid salary as designated above shall be subject to the following conditions:

The aforementioned elected official shall participate in the Excellus Blue Cross/Blue Shield 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 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:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Chalk

Seconded by:  Burin

            WHEREAS, the Chemung County Sheriff has requested the creation of a two part-time Civilian Intelligence Officer positions as approved by the Regional Civil Service Commission on October 23, 2023, $35,000 annual salary (100% reimbursement - NYDCJS GIVE grant) 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 Sheriff’s request; now, therefore, be it

            RESOLVED, that two part-time Civilian Intelligence Officer positions be and the same hereby are created for the Chemung County Sheriff’s Office effective December 12, 2023; and, be it further

            RESOLVED, that the Sheriff is hereby authorized and directed to fill two part-time Civilian Intelligence Officer positions, $35,000 annual salary (100% reimbursement - NYDCJS GIVE grant); and, be it further

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

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

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Chalk

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, 2024, shall be paid as set forth opposite each position listed as follows:

Members of the Chemung County Legislature (11)               $18,119

Minority Leader, Chemung County Legislature                     $20,979

Majority Leader, Chemung County Legislature                     $20,979

Vice Chairman, Chemung County Legislature                      $22,245

Chairman, Chemung County Legislature                              $43,484

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, Burin, Stermer,  Drake, Smith, Strange, Margeson (Chairman) (8); Nays:  Morse, Saglibene, Palmer, Pickering, Chalk, McCarthy (6); Excused:  Brennan (1)

By:  Strange

Seconded by:  Sweet

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

            RESOLVED, that the Chemung County Legislature hereby determines that the CR6A Millport Hill Road Stormwater Mitigation Project is a Type II action in accordance with 6NYCRR Part 617.5 (c)(1), as “maintenance or repair involving no substantial changes in an existing structure or facility” and therefore is not subject to review under 6NYCRR Part 617.

  Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Chalk

Seconded by:  Burin

        WHEREAS, Introductory Local Law No. 7 for the Year 2023 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. 7 for the Year 2023 be and the same is hereby enacted and promulgated by the Chemung County Legislature as follows:

     COUNTY OF CHEMUNG INTRODUCTORY LOCAL LAW NO. 7 FOR THE YEAR 2023

A Local Law entitled “A Local Law Authorizing Increase in Salary of 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 2024 for the following named Officials appointed for a fixed term in the County of Chemung is hereby authorized as follows:

Commissioner of Human Services                             $144,855

Commissioner of Public Works                                  $143,244

Superintendent of Buildings and Grounds                 $130,054

Director of Real Property Tax Services                      $  81,354

               Section 2.        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. 7 for the Year 2023 to him.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

By:  Margeson

Seconded by:  Sweet

            WHEREAS, on November 14, 2023 the County of Chemung concluded a public auction of real property acquired by the County through real property tax foreclosure proceedings; and

            WHEREAS, the Legislature has received the report submitted by the County Treasurer of the list of properties on which bids were received; now, therefore, be it

            RESOLVED, that the report of the County Treasurer dated November 14, 2023 of the list of bids received for County-owned real property (the “Report”), which Report has been considered and recommended for approval by the County Executive, the County Treasurer, and the Budget Committee of the Chemung County Legislature, be and the same is hereby made a part of this resolution as if set forth at length herein; and, be it further

            RESOLVED, that all bids in the Report not specifically rejected by this Legislature be accepted in the name of the County of Chemung and that the County Executive on behalf of the County of Chemung convey title to the real property by Quit Claim Deed to the successful bidder of record upon receipt in cash of the price specified.

Ayes:  Morse, Saglibene, Sweet, Donovan, Palmer, Pickering, Burin, Chalk, Stermer, McCarthy, Drake, Smith, Strange, Margeson (Chairman) (14); Excused:  Brennan (1)

MOTION

By:  Sweet

Seconded by:  Burin

            MOVED, that the Chemung County Legislature be adjourned until Monday, January 8, 2024 at 7:00 P.M. in the Legislative Chambers, 5^th Floor, Hazlett Building, 203 Lake Street, Elmira, New York

CARRIED.