Legislature
Legislative Journals
2000 - 1st Journal
PROCEEDINGS
OF THE
LEGISLATURE
OF THE
COUNTY OF NIAGARA
STATE OF NEW YORK
OFFICIAL RECORD
Lockport, New York
January 4, 2000
The Legislature of the County of Niagara, State of New York, convened in annual session in the Legislature Chambers, Courthouse, Lockport, New York on Tuesday, January 4, 2000 for the purpose of electing officers for the ensuing year.
The Legislature was called to order by Paul Colangelo, Clerk of the Legislature at 8:00 p.m.
On roll call the following Legislators were present from the several legislative districts:
First Daniel Mocniak
Second Renae Kimble
Third Samuel Granieri
Fourth Dennis F. Virtuoso
Sixth Robert R. Villani
Seventh Gerald K. Farnham
Eighth William L. Ross
Ninth John Tylec
Tenth Robert L. Seger
Eleventh Malcolm A. Needler
Twelfth Lee Simonson
Thirteenth Clyde L. Burmaster
Fourteenth Shirley Gregory Urtel
Fifteenth Gerald DeFlippo
Sixteenth John Cole
Seventeenth Bradley E. Erck
Eighteenth James W. Ward
Nineteenth Gerald E. Meal
Absent:
Fifth Sean J. O'Connor
The Clerk asked for nominations for temporary Chairman.
Moved by Villani that Legislator Urtel be nominated for temporary Chairman.
Moved by Farnham that the nominations be closed.
Carried.
The Clerk declared Legislator Urtel as temporary Chairman.
Legislator Urtel assumed the chair.
Moved by Simonson that Legislator Burmaster be nominated for permanent Chairman.
Moved by Simonson that the nominations be closed.
Carried.
Temporary Chairman Urtel declared Legislator Burmaster as permanent Chairman.
Legislators Urtel and O'Connor escorted Chairman Burmaster to the chair.
Chairman Burmaster asked for nominations for Vice-Chairman.
Moved by Urtel that Legislator Meal be nominated for Vice-Chairman.
Moved by Ward that the nominations be closed.
Carried.
The Chairman declared Legislator Meal as Vice-Chairman.
Moved by Granieri that Christopher A Pannozzo be nominated for Clerk of the Legislature.
Moved by Ward that the nominations be closed.
Carried.
The Chairman declared Christopher A. Pannozzo as Clerk of the Legislature.
Moved by Meal that Ralph Bonniello III be nominated for County Attorney.
Moved by Ward that the nominations be closed.
Erck, Tylec, Seger voted no.
Carried.
The Chairman declared Ralph Bonniello III as the County Attorney.
Moved by DeFelippo that Keith Lasher be nominated for County Auditor.
Moved by Ward that the nominations be closed.
Carried.
The Chairman declared Keith Lasher as County Auditor.
Moved by Urtel to table the Public Defender position.
Carried.
Moved by Villani to nominate the following:
Shirley Wayda Office of Aging
Larry Helwig Data Processing
David Dickinson Historian
Samuel Ferraro Planning Department
Rodger Smith Risk Management
Timothy Horanburg Parks Department
Donald Thompson Veterans
Moved by Tylec to table all but Historian and Parks positions.
Ayes: Mocniak, Tylec, Seger, Needler, Cole, Erck – 6.
Noes: Kimble, Granieri, Virtuoso, Villani, Farnham, Ross, Simonson, Burmaster, Urtel, DeFlippo, Ward, Meal – 12.
Motion failed.
On the original motion Seger and Erck voted no.
Carried.
The Chairman declared the approve nominees to their corresponding position.
Moved by Urtel to nominate Richard May as Attorney for the Aging.
Moved by Ward that the nominations be closed.
Carried.
The Chairman declared Richard May as Attorney for the Aging.
Legislator Villani announced that Legislator Urtel would serve as Majority Leader, Legislator Granieri as First Deputy and Legislator Ward as Second Deputy Majority Leader.
Legislator Erck announced that Legislator Tylec would serve as Minority Leader, Legislator O’Connor as First Deputy and Legislator Cole as Second Deputy Minority Leader.
Moved by Meal that the Board will continue to meet on the first and third Tuesday evenings at 8:00 p.m. except for Election Day, the November meeting will be moved to the 8th, and eliminate the first meeting in July or at the call of the Clerk of the Legislature.
Carried.
Moved by Needler that the three Niagara County newspapers, namely: Niagara Gazette, Union, Sun & Journal and Tonawanda News be designated as the official newspapers.
Carried.
Moved by Ward that Clyde L. Burmaster be designated to serve on the Niagara County Jury Board.
Carried.
COMMUNICATIONS:
- From Bond Lake Park Environmental & Beautification Committee re an invitiation to attend the 4thannual Winterfest at Bond Lake Park.
Moved by Tylec to consider Standing Committees.
Carried.
NIAGARA COUNTY 2000 STANDING COMMITTEES
CLYDE L. BURMASTER, CHAIRMAN
GERALD E. MEAL, VICE CHAIRMAN
SHIRLEY GREGORY URTEL, MAJORITY LEADER
JOHN TYLEC, MINORITY LEADER
ADMINISTRATION
(County Attorney, County Clerk, Elections, Legislature, Coroners, Historian, Central Data Processing)
WARD,DEFLIPPO,FARNHAM, MEAL, URTEL, TYLEC, KIMBLE, VIRTUOSO, COLE
COMMERCE, TOURISM & AGRICULTURE
(Planning, Tourism, Arts & Culture, Business Development, Agriculture)
VILLANI,GRANIERI,WARD, SIMONSON, ROSS, MOCNIAK, KIMBLE, O'CONNOR, ERCK
FINANCE
(Audit, Management & Budget, County Treasurer, Real Property)
URTEL,SIMONSON,WARD, NEEDLER, VILLANI, ROSS, MOCNIAK, SEGER, KIMBLE, VIRTUOSO, O’CONNOR
HEALTH SERVICES
(Mount View, Public Health, Mental Health, Drug Abuse)
SIMONSON,VILLANI,MEAL,FARNHAM, GRANIERI, MOCNIAK, O’CONNOR, TYLEC, COLE
HUMAN RESOURCES and EDUCATION
(Personnel, Risk Management, NCCC)
NEEDLER,ROSS,WARD, DEFLIPPO, GRANIERI, VILLANI, SEGER, KIMBLE,
O’CONNOR, TYLEC, COLE
PARKS & ENVIRONMENTAL SERVICES
(Niagara County Golf Course, Bond Lake, Oppenheim, Krull and other County Parks & Environmental Departments)
DEFLIPPO,WARD,MEAL, URTEL, FARNHAM, ROSS, SEGER, VIRTUOSO, TYLEC
COLE, ERCK
PUBLIC SAFETY
(Sheriff, District Attorney, Public Defender, DWI, Fire Coordinator, Emergency Services, Probation, Sealer of Weights & Measures, Code Enforcement)
MEAL,WARD,NEEDLER, GRANIERI, ROSS, MOCNIAK, VIRTUOSO, COLE, ERCK
PUBLIC WORKS
(Buildings & Grounds, Engineering, Highway)
FARNHAM,MEAL, DEFLIPPO, GRANIERI, ROSS, MOCNIAK, TYLEC, ERCK, COLE
SOCIAL SERVICES
(Social Services, Employment and Training, Office of Aging, Youth, Veterans)
GRANIERI,NEEDLER,DEFLIPPO, FARNHAM, VILLANI, KIMBLE, TYLEC, MOCNIAK
Recess.
RESOLUTIONS:
Resolution No. PS-001-00
From: Public Safety and Human Resources Committees
Dated: January 4, 2000
LEAVE OF ABSENCE – INV. CHRISTOPHER CARLIN
WHEREAS, Resolution #110-88 provides guidelines for granting of leaves of absence to County employees, and
WHEREAS, the collective bargaining agreement between the County and the Deputy Sheriff’s Police Benevolent Association grants the Sheriff certain discretion in granting leaves of absence, and
WHEREAS, Christopher Carlin, a Criminal Investigator at the Sheriff’s Department, has been offered an opportunity to further his career development within the County of Niagara, and
WHEREAS, this position is Superintendent of the Niagara Falls Police Department, and
WHEREAS, in that position Christopher Carlin will continue to serve the citizens of Niagara County, now, therefore, be it
RESOLVED, that a leave of absence be granted to Christopher Carlin, effective January 1, 2000, in accordance with Civil Service Law.
Public Safety Committee
Signed: Meal
Human Resources Committee
Signed: Needler
Moved by Cole.
Tylec, Kimble voted no.
Carried.
Resolution No. HR.-001-00
From: Human Resources Committee
Dated: January 4, 2000
RESOLUTION APPOINTING CIVIL SERVICE PERSONNEL OFFICER
WHEREAS, by Resolution No. 309-93, in order to improve the quality of service of both departments, with greater efficiency in the use of personnel, the Niagara County Personnel Department and the Niagara County Civil Service Office were combined into one new department referred to as the Niagara County Department of Human Resources; and the position of Director of Human Resources and Civil Service Administration was created, and
WHEREAS, by Resolution IL-038-98 enacting Local Law No. 12 for the year 1998, Niagara County changed the form of local Civil Service Administration from that of Municipal Civil Service Commission to that of Civil Service Personnel Officer effective January 1, 2000, and
WHEREAS, Albert T. Joseph possesses unique knowledge and experience in Civil Service Administration, now, therefore, be it
RESOLVED, that Albert T. Joseph be appointed to the part-time position of Civil Service Personnel Officer, for a period not to exceed 90 days, effective immediately.
Human Resources Committee
Signed: Needler
Moved by Needler.
Moved by Tylec to amend by appointing Raymond Moose at an hourly rate.
No Second.
Seger, Erck, Kimble, Cole, Tylec voted no.
Carried.
An announcement was made that a meeting with the State Representatives will be held on February 2, 2000 at 4 p.m. in the Legislative Chambers.
Legislator Needler thanks Central Data Processing Director, Larry Helwig and Fire Coordinator/Emergency Services Director, James Volkosh, for all their efforts in making a smooth transition into the Year 2000.
Moved by Cole that the Board adjourn.
Carried.
The Chairman declared the Board adjourned at 9:20 p.m. subject to the call of the Clerk.
Christopher A. Pannozzo, Clerk
OFFICIAL RECORD
Lockport, New York
January 18, 2000
The Legislature was called to order by Chairman Clyde L. Burmaster at 8:00 p.m.
Roll Call.
Present: Burmaster, Cole, DeFlippo, Erck, Farnham, Granieri, Kimble, Meal, Mocniak, Needler, O’Connor, Ross, Seger, Simonson, Tylec, Urtel, Villani, Virtuoso, Ward – 19.
Absent: none.
Chairman Burmaster welcomed the Interns to their first Legislature meeting.
SPEAKERS:
- Mr. & Mrs. DeWitt spoke re supporting Resolution No. IL-003 to strengthen the penalties for DWI convictions.
- Matt Murphy, District Attorney spoke re supporting Resolution No. IL-003 to help the state make stiffer laws by increasing the penalties for drunk driving.
- Sheriff Beilein spoke re a message needs to be sent from the local level to put an end to drunk driving accidents and encourage tougher laws.
- Al Wroblewski spoke re was glad to hear the Niagara Falls Airport would not be run by Niagara County.
- Leann Yaeger spoke re in opposition to halfway house being built 100’ away from her home and expressed her thanks to Legislator Erck and Farnham for their efforts to help her family with this stituation.
- Mr. & Mrs. Woodriff spoke re expressing their desire to help the DeWitts in their efforts to get tougher legislation passed against drunk driving.
- Stan Janecki spoke re expressed his feelings concerning the accident with his son and Chuck DeWitt.
- Rich Eliseo spoke re congratulating Clyde L. Burmaster on his Chairmanship and the destiny of Niagara County.
- William Snelgrove spoke re reminded the Legislature that many people have been coming to the meeting for 10 years.
- Don Hobel spoke re encouraging support for Resolution No. IL-003.
Moved by Tylec that Resolution IL-003-00 be moved up and vote on.
Carried.
Resolution No. IL-003-00 was read at this time.(Appears in numerical order)
Legislators Granieri and Ward gave a brief presentation on the "Do the Right Thing Program". District Attorney Matt Murphy and Sheriff Beilein also spoke on the good the program is doing.
Legislator Kimble and CiCi Holloman gave a PowerPoint presentation on the Niagara Falls Faith Based Collaborative Cultural Tourism Revitalization Plan for this area. They lisited property and services which need to be addressed in the Highland Avenue area.
Samuel Ferraro, Director of Planning stated his office looks forward to providing support services in conjunction with the City of Niagara Falls on this project.
Moved by Kimble that Resolution No. IL-002-00 be moved up and voted on.
Carried.
Resolution No. IL-002-00 was read at this time. (Appears in numerical order)
Recess.
Chairman Burmaster gave his State of the County Address, reflecting on 1999 issues by summarizing the accomplishments and the goals for the coming year.
COMMUNICATIONS:
- Larry Helwig, Director of Data Processing re thanking all involved in the successful Y2K venture.
RESOLUTIONS:
Resolution No. AD-001-00
From: Administration, Human Resources/Education and Finance Committees
Dated: January 18, 2000
LOCAL LAW INCREASING THE SALARIES OF
NIAGARA COUNTY CORONERS - DISTRICTS #2 AND #3
WHEREAS, the elected coroners of the County of Niagara serve an important function in the investigation of deaths in cooperation with police agencies and the District Attorney’s Office, and
WHEREAS, these duties are carried out in emotionally stressful situations, and
WHEREAS, the Niagara County Legislature has increased the compensation of Coroners District #1 and District #4 by resolution to coincide with the commencement of a new term of office for these offices, such new compensation, effective January 1, 2000, to be as follows:
District 1 - $22,473
District 4 - $16,000
and
WHEREAS, the Niagara County Legislature desires to keep the salaries of the other coroners within Niagara County at a comparable level, and
WHEREAS, the Administration Committee presents in writing the following proposed Local Law:
A Local Law of the County of Niagara increasing the salaries of Niagara County Coroners – Districts #2 and #3:
Be it enacted by the County Legislature of the County of Niagara, as follows:
1. That the salary of the Niagara County Coroners District #2 and #3 shall be increased as follows:
a. District #2, from $14,200 per year to $16,000
b. District #3, from $13,113 per year to $16,000
2. That such Local Law shall not take effect until forty-five days after its adoption by the Niagara County Legislature, nor until approved by the affirmative vote of a majority of the qualified elections of the County voting on a proposition for its approval if within forty-five days after its adoption there be filled, pursuant to Municipal Home Rule Law Section 24, a required petition. Upon adoption, the salaries adopted herein shall be effective and paid from January 1, 2000.
RESOLVED, that the Niagara County Legislature shall conduct a public hearing upon said proposed Local Law at the Legislative Chambers, Courthouse, Lockport, New York, on the 1st day of February, 2000 at 7:30 p.m., and be it further
RESOLVED, that the Clerk of the Legislature, at least six (6) days in advance of such hearing, shall post a notice upon the bulletin boards in the Courthouse at Lockport, the Civic Building in Niagara Falls, and the County Building in North Tonawanda and shall publish such notice once in the Union Sun & Journal, the Tonawanda News, and the Niagara Gazette; such notice shall contain the title of the Local Law and an abstract of the text to be prepared by the Clerk of the Legislature, with the assistance of the County Attorney's Office.
Administration Committee
Signed: Ward
Human Resources Committee
Signed: DeFlippo
Finance Committee
Signed: Urtel
Moved by Ward.
Carried.
Resolution No. FN-001-00
From: Finance Committee
Dated: January 18, 2000
REFUNDING OF DOG LICENSING MONIES
WHEREAS, attached here to is the annual report of monies received and paid out from the licensing of dogs, pursuant to Section III of the Agriculture and Market Law, from the Office of the County Treasurer, and
WHEREAS, authority is requested to refund the amount as shown on the attached apportionment to the cities and towns of the County of Niagara, now, therefore, be it
RESOLVED, that authority is granted to the County Treasurer to refund the amounts as shown on the attached apportionment to said cities and towns.
Finance Committee
Signed: Urtel
Moved by Urtel
Carried.
Resolution No. FN-002-00
From: Finance Committee
Dated: January 18, 2000
AGREEMENT WITH ATI TITLE NETWORK OF BUFFALO
FOR 1999 IN REM SEARCHES
WHEREAS, the Treasurer's Office is preparing for an In Rem proceeding, and
WHEREAS, it is necessary to provide proper notice to holders of a substantial interest in properties to be included in the In Rem action, and
WHEREAS, a bid proposal was submitted to all title companies doing business with the County and ATI TITLE NETWORK OF BUFFALO was the low bidder, and
WHEREAS, discussion has been had with ATI TITLE NETWORK OF BUFFALO with regard to ensuring proper notice, and
WHEREAS, ATI TITLE NETWORK OF BUFFALO has submitted the following proposals:
1. Run grantee to locate deed; and
2. Run mortgagor index vs. owner; and
3. Run judgements, state and federal tax liens - If no tax liens are found, then do a regular property report; no tax information is required; do not show easements, rights-of-way, boundary line agreements, etc.; and
4. If an open mortgage or other type of open lien is found, then the mortgagee or lienors must be run for Surrogates/Bankruptcies; set up Surrogates and Bankruptcies, judgments per the approved form; photo all tax liens and attach to report; and
5. Hazardous waste and environmental issues will be noted.
6. Cost - $40.00 per report
$25.00 for each additional report if an owner owns more than one parcel; and
WHEREAS, there will be an effort made to recover this cost as part of the In Rem proceeding but it is impossible to estimate at this time how much of the cost will be recovered, now, therefore, be it
RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to enter into an agreement with ATI TITLE NETWORK OF BUFFALO to provide this service as per the above schedule, and be it further
RESOLVED, that the cost of this expense will be paid from the proceeds of the sale of said In Rem properties.
Finance Committee
Signed: Urtel
Moved by Urtel
Carried.
Resolution No. FN-003-00
From: Finance Committee
Dated: January 18, 2000
TRANSFER FROM CONTINGENCY
WHEREAS, Niagara County has been installing a new payroll system, and
WHEREAS, the complexity of the newly agreed upon employee contracts has caused an extension of time necessary to implement the aforementioned payroll system, and
WHEREAS, it will be necessary to continue our consultant for an additional two weeks at a cost of $12,260 to facilitate this implementation, and
WHEREAS, there are not sufficient funds remaining in the project, now, therefore, be it
RESOLVED, that the following budget transfer be approved
FROM:
A1990.74032 Contingency $12,260
TO:
A9950.79010 Transfer to Capital Projects $12,260
Finance Committee
Signed: Urtel
Moved by Urtel
Carried.
Resolution No. FN-004-00
From: Finance Committee
Dated: January 18, 2000
AUTHORIZATION FOR REAL PROPERTY TAX
REFUNDS/CORRECTIONS - 2000
WHEREAS, New York State Real Property Tax Law, sections 554 and section 556, provides for an administrative correction of error process that assists property owners in obtaining refunds and/or corrections for real property tax payments or billings, and
WHEREAS, certain clerical errors, unlawful entries and errors in essential fact as defined in the Real Property Tax Law are permitted to be corrected subsequent to the Director of Real Property Tax Services investigation that such error(s) exists, and
WHEREAS, the tax levying body can delegate, by resolution, on an annual basis, to an official who is empowered to authorize payment of bills without prior audit, the authority to perform the duties of the tax levying body in regard to Real Property Tax Law, Sections 554 and 556, now, therefore, be it
RESOLVED, that the Niagara County Treasurer is hereby delegated the authority to perform the duties of the tax levying body during 2000 when the Real Property Tax Director's recommended refund and or correction is twenty five hundred dollars or less, and be it further
RESOLVED, that on or before the fifteenth day of each month, the Niagara County Treasurer shall submit a report to the Niagara County Legislature of the refunds and or corrections processed during the preceding month, containing the name of each recipient, the location of the property, and the amount of the refund.
Finance Committee
Signed: Urtel
Moved by Urtel
Carried.
Resolution No. HS-001-00
From: Health Services and Finance Committees
Dated: January 18, 2000
BUDGET TRANSFER – ROOFTOP AIR HANDLING UNIT REPLACEMENT FOR
THE DIETARY DEPARTMENT OF MOUNT VIEW HEALTH FACILITY
WHEREAS, the air conditioning and air handling equipment currently supporting the kitchen at Mount View Health Facility are either insufficient or non-existent, and
WHEREAS, it is desirous to provide a safe and healthy work environment for the Dietary department employees, and
WHEREAS, Mount View Health Facility has found it necessary to replace the rooftop air handling unit for it’s Dietary department, and
WHEREAS, four sealed bids in response to Request for Proposal #1999-115 were opened on December 28, 1999 at the offices of the Niagara County Purchasing Department, and
WHEREAS, Joseph Davis Mechanical Services submitted a low bid of $100,774, and
WHEREAS, Joseph Davis Mechanical Services was awarded the project, and
WHEREAS, a portion of the funds were budgeted in 1999 for this project, another portion of the funds were budgeted in the year 2000 and the remaining funds were not budgeted, now, therefore, be it
RESOLVED, that the project be authorized for $107,774 and to be funded by Appropriated Fund Balance.
Health Services Committee
Signed: Simonson
Finance Committee
Signed: Urtel
Moved by Simonson
Carried.
Resolution No. IL-001-00
From: Legislator Erck
Dated: January 18, 2000
SUPPORT OF STATE AND LOCAL GOVERNMENT ECONOMIC EMPOWERMENT ACT (HR.1452)
WHEREAS, the state and local government Economic Empowerment Act (H.R. 1452) has been introduced in the United States 106thCongress to create United States money in accordance with the 1stand 5thclauses of Section 8 of Article 1 of the Constitution of the United States, and
WHEREAS, this Federal legislation would provide noninterest-bearing loans of money created by the Federal Reserve to state and local governments solely for the purpose of funding capital projects and is estimated to save local units of government one third to one half the cost of projects, and
WHEREAS, this bill entitles each state, county, township, incorporated municipality, school district, and Indian tribe to obtain a loan from the Administrator of such funds solely for the purpose of funding capital projects of such unit, including the construction of or improvements to school facilities, streets, water and sewer, and public and environmental facilities including the cleanup of toxic waste sites or other environmental improvements, now, therefore, be it
RESOLVED, that the Niagara County Legislature support the enactment of H.R. 1452 State and Local Government Economic Empowerment Act, and be it further
RESOLVED, that this resolution be sent to Governor George Pataki, Congressman John LaFalce, Senator Daniel Moynihan, Senator Charles Schumer, State Senator George Maziarz, Assemblyman Robert Daly and Assemblyman David Seaman as well as to the bill’s sponsors in the House of Representative members James A. Traficant Jr., Gary Miller, Maurice D. Hinchey, Robert W. Ney, William J. Jefferson, Donald A. Manzullo, Jack Quinn, George W. Gekas, Tom Campbell, William O. Lipinski, Ken Calvert, Jerrold Nadler, Barbara Lee, David D. Phelps, Stephanie Tubbs Jones and Dennis J. Kucinich.
Signed: Erck
Moved by Erck to waive Rule 15.
Carried.
On the Resolution.
Moved by Erck
Carried.
Resolution No. IL-002-00
From: Legislator Kimble
Dated: January 18, 2000
SUPPORT OF THE NIAGARA FALLS FAITH BASED COLLABORATIVE’S
CULTURAL TOURISM REVITALIZATION PLAN FOR THE NIAGARA REGION
WHEREAS, the Niagara County Legislature has gone on record promoting the many regional tourist attractions available throughout our county, and
WHEREAS, the Niagara County Legislature hereby recognizes the internationally renown destination Niagara Falls, as the regions most significant natural wonder which attracts millions upon millions of visitors and tourists every year of diverse cultures and ethnicity’s, and
WHEREAS, one witnessing the beauty, power, and majestic splendor of Niagara Falls is a breath taking, awesome experience, however, visitors and tourists spend less than one hour in the City of Niagara Falls, taking their tourist dollar to the other venues outside of Niagara County, and
WHEREAS, there are plans and developments that have been developed and initiated which focus on cultural diversity such as Little Italy, The Polish Museum, The Main Street Revitalization Plan, which holds great promise for the City of Niagara Falls’ future re-development, and
WHEREAS, many cities in our nation are now experiencing strong economic growth and redevelopment of their water fronts, unemployment and crime rates are down, economic development, job creation and housing ownership are on the increase, and
WHEREAS, this economic growth has by passed the City of Niagara Falls as it continues to face the challenge of a declining population, slow job creation, increased poverty, much blight, dilapidated buildings and a lack of hope, and
WHEREAS, the federal government, through the U.S. Department of Housing and Urban Development (HUD) recognizes that distressed cities such as Niagara Falls has enormous economic potential waiting to be tapped, and
WHEREAS, statistical data shows that inner city neighborhoods throughout the United States possesses enormous retail purchasing power, estimated at $331 billion in 1998, the City of Niagara Falls is estimated at $554.6 million in 1998, and
WHEREAS, HUD recognizes this untapped market potential and has developed several innovative initiatives to harness the underutilized labor, unmet consumer demand and available urban land, and
WHEREAS, HUD’s new initiatives, the Faith Based Initiative and The New Markets Initiative have been introduced to pump millions upon millions of dollars into highly distressed cities and neighborhoods, and
WHEREAS, the minority community in the City of Niagara Falls has formed a collaborative group which provides direction and leadership in the community to ensure the most distressed and under-served area in the county, Census Tract 202 which is located in the Second Legislative District of the County of Niagara, and
WHEREAS, the Niagara Falls Faith Based Collaborative has developed a comprehensive re-development plan that revitalizes the Northend community in the City of Niagara Falls, and
WHEREAS, the Niagara Falls Faith Based Collaborative’s Cultural Tourism portion of the Economic Development Plan as developed, formulated and presented to the Niagara County Legislature in a power point presentation by Mrs. Cecilia "CeCe" Holloman, Community Builder for HUD, who represents Niagara County, and
WHEREAS, this visual presentation concisely presents a well though out, timely conceived marketing piece which accurately depicts a cultural tourism metamorphosis, resulting the culmination of job creation, revitalization of neighborhoods, development of a multi-cultural museum, food emporium, a harvest telecommunications center, international trade center, restaurants, shops, boutiques, professional services, entertainment facilities, the revitalization of neighborhoods, investment in infrastructure, improved housing stock as well as a whole host of economic development opportunities with the infusion of developers, financial partners, support partners, governmental entities, private investors, willing to invest and re-develop this community, and
WHEREAS, such attractions will help in the economic revitalizing of the County of Niagara, City of Niagara Falls as an international tourism mecca of the northeast region as the tourist dollar will stay within the city and county when the plan has been totally instituted, offering family oriented cultural attractions and developments, capitalizing on the international acclaim, trade and foreign trade zone potential that is readily available in Niagara County due to our strategic location on an international border with the Seventh Wonder of the World, Niagara Falls as the back drop, as well as a potentially viable airport facility, which has the potential of bringing the entire world to and from the Niagara County region, and
WHEREAS, the Niagara Falls Faith Based Collaborative’s redevelopment plan has already been allocated $1.7 million in Community Block Grant Funds by the City of Niagara Falls, it is very evident that this revitalization plan has the potential to attract millions upon millions of public as well as private dollars as potential partners and developers, who can see the tremendous potential and vitality of this redevelopment initiative, and
WHEREAS, U.S. Housing and Urban Development Secretary Andrew Cuomo is in the final stages of selecting cities and regions of our nation to visit on his New Markets Tour of Distressed Cities and areas within the United States during the Spring 2000, areas of our nation which have redevelopment plans and show potential promise of revitalization if granted financial assistance, technical assistance, and the appropriate attention, and
WHEREAS, it would be a major coup to have Secretary Andrew Cuomo visit Niagara County and offer financial support and technical assistance to develop the Niagara Fall Faith Based Collaborative’s proposed plan, now, therefore, be it
RESOLVED, that the Niagara County Legislature hereby supports the Niagara Falls Faith Based Collaborative’s comprehensive cultural tourism proposal, and be it further
RESOLVED, that the Niagara County Legislature encourages elected and public officials to support this cultural tourism initiative for the Niagara County region, and be it further
RESOLVED, that a certified copy of this resolution be sent to: U.S. Senators Daniel Patrick Moynihan, Charles E. Schumer, U.S. Congressman John J. LaFalce, U.S. Department of Housing and Urban Development Secretary, Andrew Cuomo, NYS Governor George Pataki, NYS Comptroller H. Carl McCall, NYS Senator George Maziarz, NYS Assemblyman David Seaman, NYS Assemblyman Robert A. Daly, NYS Division of Housing and Community Renewal Commissioner, Joseph Lynch, Empire State Development Chairman and Commissioner, Charles A. Gargano, Deputy Commissioner of NYS Tourism, Katherine C. Loucks, Niagara Falls Mayor, Irene Elia, Niagara Falls City Council Chairman, Anthony Quaranto, Council members, John Accardo, Barbara Gercitano, Charles Walker, Fran Iusi, Paul Dyster, Joseph D’Angelo, Niagara Falls Community Development Director, John Drake and Niagara Falls Economic Development Director Nancy Joseph.
Signed: Kimble
Moved by Kimble to Waive Rule 15.
Carried.
One the Resolution.
Moved by Kimble
Carried.
Resolution No. IL-003-00
From: Legislators Burmaster, Meal, Urtel, Tylec et al
Dated: January 18, 2000
RESOLUTION IN SUPPORT OF STRENGTHENING THE PENALTIES
FOR ALCOHOL RELATED DRIVING FATALITIES
WHEREAS, the Niagara County Legislature, Niagara County Law Enforcement Agencies, the STOP-DWI Program and organizations such as the Niagara County Chapter of Mothers Against Drunk Driving, have been vigilantly working to deter drunk drivers and to penalize those who are arrested for driving while intoxicated; nevertheless, drunk driving remains a serious problem in Niagara County and throughout New York State, and
WHEREAS, the Niagara County Legislature believes that the scientific and medical evidence collected over the last fifty years and from the inestimable damage to life and property is irrefutable, namely, that drunk drivers cannot safely operate motor vehicles, and
WHEREAS, alcohol remains the greatest single causal factor in motor vehicle deaths and injuries, responsible for more than 17,000 deaths nationwide in the year 1996, and more than 500 fatalities in New York State, and
WHEREAS, alcohol-related crashes cost society $45 Billion every year and just one alcohol-related fatality is estimated to cost society almost one million dollars, and
WHEREAS, the Niagara County Legislature believes that this slaughter on the highways will continue until citizens of conscience take a stand and call these deaths what they are in fact, "homicide", because an individual who is killed by a drunk driver is no less dead than if the weapon of death were a gun or a knife, and
WHEREAS, the Legislature believes that labeling killing as such is crucial to affirming the difference between right and wrong, between responsibility and irresponsibility, and between justice and injustice, and
WHEREAS, laws meant to deter and punish killing without severe consequences become mere "suggestions," and thereby fail miserably to protect us, and
WHEREAS, drunk drivers are indiscriminate killers; they drink and drive without regard to the consequences because the current criminal penalties simply are not severe enough to make the drunk driver think twice before getting behind the wheel of what becomes a 4000 pound weapon, and
WHEREAS, the Niagara County Legislature believes that the consequences of homicide by drunk driver must be so significant that no one will take the chance of driving while drunk, now, therefore, be it
RESOLVED that the Niagara County Legislature goes on record in support of enhanced penalties for drunk drivers who kill, and be it further
RESOLVED that the Niagara County Legislature encourages the New York State Legislature to raise the felony classification level of the crimes of Vehicular Manslaughter and Vehicular Assault, and be it further
RESOLVED that the Niagara County Legislature encourages the New York State Legislature to enhance the penalties for Vehicular Manslaughter in the First and Second Degrees by describing those crimes as what they are, violent felony offenses; thereby those offenses would come within the meaning of Section 70.02 of the Penal Law and subject defendants convicted thereof to mandatory state prison under the recently enacted Jenna's Law, and be it further
RESOLVED, that copies of this resolution be sent to Governor George Pataki, Speaker of the Assembly Sheldon Silver, Majority Leader Joseph Bruno and our local state delegation, Senator George Maziarz, Assemblyman Robert Daly and Assemblyman David Seaman.
Signed: Burmaster, Meal, Urtel, Tylec et al.
Moved by Tylec to waive Rule 15.
Carried.
One the Resolution
Moved by Tylec
Carried.
Resolution No. PW-001-00
From: Public Works and Finance Committees
Dated: January 18, 2000
ACCEPT CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION OF COSTANZO BUILDING
WHEREAS, by Resolution No. PW-030-99 dated April 6, 1999, the Legislature awarded the General Contract for Asbestos Abatement and Demolition of the Costanzo Building to Cedar Wrecking & Salvage, Inc., 5373 Transit Road, Williamsville, New York 14221, in the amount of $50,400.00, and
WHEREAS, the County Attorney approved assignment of the contract by Cedar Wrecking & Salvage, Inc. to Cleveland Wrecking Company, Lock Box 512590, Los Angeles, California 90051-2590, and
WHEREAS, the work has been completed satisfactorily, and
WHEREAS, a credit of $2,489.00 is due the County of Niagara per attached Change Order No. 1 (Final), now, therefore, be it
RESOLVED, that the work is accepted, the Change Order approved, and be it further
RESOLVED, that the Commissioner of Public Works is authorized to approve a final payment of $4,755.10, to Cleveland Wrecking Company, Lock Box 512590, Los Angeles, California 90051-2590, for a total contract price of $47,551.00, and be it further
RESOLVED, that the Chairman of the Legislature is hereby authorized to execute the required documents.
Public Works Committee
Signed: Farnham
Finance Committee
Signed: Urtel
Moved by Farnham
Carried.
Resolution No. PW-003-00
From: Public Works and Finance Committees
Dated: January 18, 2000
FUND TRANSFER FOR HIGHWAY ROAD CONSTRUCTION
D5112.72258, LOWER RIVER ROAD
WHEREAS, an incorrect 1999 beginning balance was reported for D5112.72260, Lockport Bridge/Contrail, resulting in an overstatement of the account, and
WHEREAS, posting the adjustment to correct this error resulted in an insufficient account balance to accommodate Resolution PW-006-99, dated January 19, 1999, which transferred funds from D5112.72260, Lockport Bridge/Conrail, to D5112.72258, Lower River Road, now, therefore, be it
RESOLVED, that the following fund transfer be effectuated:
FROM:
D5112.72295 Townline Road Bridge $109,193.20
D5112.72262 Rapids Road Bridge 13,707.00
TO:
D5112.72258 Lower River Road $122,900.20
and be it further
RESOLVED, that account D5112.72295, Townline Road Bridge, be closed.
Public Works Committee
Signed: Farnham
Finance Committee
Signed: Farnham
Moved by Farnham
Carried.
Resolution No. PW-004-00
From: Public Works Committee
Dated: January 18, 2000
REQUEST OF LAND ABANDONMENT
FROM NEW YORK STATE CANAL CORPORATION
WHEREAS, the City of Lockport as part of its Hinman Road/Bear Ridge Road pavement reconstruction and drainage improvement project, in cooperation with the New York State Department of Transportation, has passed a resolution on November 3, 1999, to request abandonment to that portion of Bear Ridge Road which lies within the City of Lockport from the Canal Corporation, and
WHEREAS, it is timely and appropriate for the County of Niagara to do likewise, and
WHEREAS, the County of Niagara Department of Public Works has been contacted by the City of Lockport consultant, McIntosh & McIntosh, P.C., and the City of Lockport has agreed to reimburse McIntosh & McIntosh, P.C. for the mapping and land surveying work in connections with both the City of Lockport portion and the County of Niagara portion of Bear Ridge Road and upon consultation with representatives of the New York State Canal Corporation, they have developed a procedure, and
WHEREAS, procedures for the Canal Corporation and Office of General Services will be followed in respect to the abandonment by the Canal Corporation of that portion of Bear Ridge Road which lies within both the City of Lockport and the Town of Lockport, so that upon completion of all paper work and mapping necessary, the title to certain portions of the road right of way will vest with the City of Lockport for their portion and the County of Niagara for that portion which lies in the Town of Lockport, now, therefore, be it
RESOLVED, that the Legislature of the County of Niagara directs the Department of Public Works to cooperate with the City of Lockport, through its consultant, McIntosh & McIntosh, P.C., to acquire said fee ownership, and that they recognize the said acquisition requires applications, appropriate mapping procedures and approvals from various governmental bodies in addition to the New York State Canal Corporation, and that the abandonment process may take up to two to three years to accomplish, and be it further
RESOLVED, that the Legislature hereby recognizes that until necessary abandonment processes are complete, that portion of Bear Ridge Road which lies in the Town of Lockport, on Canal lands, is there by historic use and occupancy recognition by the New York State Canal Corporation.
Public Works Committee
Signed: Farnham
Moved by Farnham
Carried.
Resolution No. PW-005-00
From: Public Works and Finance Committees
Dated: January 18, 2000
DPW – HIGHWAY
EXPENDITURE OF COUNTY ROAD FUND MONIES
WHEREAS, the Commissioner of Public Works recommends the expenditure of County road fund monies for maintenance of roads under Section 129 of the Highway Law, as set forth on the attached form, in the sum of $4,765,179, now, therefore, be it
RESOLVED, that the attached recommendation of the Commissioner of Public Works be approved and the sum of $4,765,179 be appropriated from the County Road Fund for maintenance during the year 2000, and be it further
RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute the attached documents.
Public Works Committee
Signed: Farnham
Finance Committee
Signed: Urtel
Moved by Farnham
Carried.
Resolution No. PW-006-00
From: Public Works Committee
Dated: January 18, 2000
AMENDMENT TO CHANGE THE PAYMENT SCHEDULE FOR STATE SNOW AND ICE AGREEMENTS
WHEREAS, New York Sate has initiated a revised payment schedule to be used for municipal snow and ice contracts, and
WHEREAS, the revised payment schedule dictates a payment of 67% to be made in December instead of three (3) 25% payments that were made in December, January and February, and
WHEREAS, the revised schedule will reduce paperwork and the expenses involved with processing three (3) payments, allow the municipal contractors payment earlier in the winter season, and would eliminate an 8% overpayment in light winter years, (the agreement calls for a 67% minimum contract due but a 75% payment has already been paid on the old schedule, now, therefore, be it
RESOLVED, that the Chairman of the Niagara County Legislature be, and hereby is, authorized to execute the required documents to approve "Amendment A".
Public Works Committee
Signed: Farnham
Moved by Farnham
Carried.
Resolution No. PW-007-00
From: Public Works Committee
Dated: January 18, 2000
ESTABLISH GAS PROCUREMENT ACCOUNT
DPW-ADMINISTRATION
WHEREAS, Resolution IL-022-99, dated April 6, 1999, authorized the County of Niagara and the County of Eire to purchase natural gas jointly on the open market, and
WHEREAS, Resolution PW-061-99, authorized the municipalities and districts within the County of Niagara to be allowed to take advantage of this gas procurement venture established between the Counties of Erie and Niagara, and
WHEREAS, it is necessary to establish an account to pay the County of Erie and the gas distribution companies for the natural gas provided to the County of Niagara and its municipalities and districts, now, therefore, be it
RESOLVED, that the following fund transfer be effectuated:
INCREASE APPROPRIATIONS:
A1490.74300 Utilities $750,000
INCREASE REVENUE:
A1490.42062 Reimbursement/Other Govts $750,000
Public Works Committee
Signed: Farnham
Moved by Farnham
Villani abstained.
Carried.
Moved by Meal to remove the appointment of Public Defender from the table.
Carried.
Moved by Meal to appoint Daniel Seaman as Public Defender.
Carried.
APPOINTMENTS:
REFUSE DISPOSAL DISTRICT ADMINISTRATIVE BOARD
Gerald Farnham, Chairman
Gerald Meal
Gerald DeFlippo
William Ross
Bradley Erck
Sean O’Connor
Robert Seger
Moved by Seger to approve appointments
Carried.
FISHERIES BOARD
Robert Cinelli
PO Box 1773, Olcott 14126
Chris Lowie
4632 Sunset Dr., Lockport 14094
Ron Hutcheson
5425 Grauer Rd., Niagara Falls 14305
Frank Campbell
7578 Ridge Rd., Gasport 14067
Donald Johannes
3594 Estes Place, Ransomville 14131
Terms expire 12/31/2003
KRULL/OLCOTT DEVELOPMENT COMMITTEE
Kelly Artieri
PO Box 776, Olcott 14126-0776
Elbert Benton
2562 Transit Rd., Newfane 14108
Tom Copeland
7169 Ridge Rd., Lockport 14094
Karen Evarts
PO Box 297, Olcott 14126-0297
David Hedley
PO Box 705, Olcott 14126
Martin Horanburg
6137 Prospect St., Newfane 14108-1312
Tom Kelley
PO Box 14, Olcott 14126-0014
Xandy Matalavage
PO Box 729, Olcott 14126-0729
Mike Rann
5851 Ontario St., Olcott 14126
Joe Santarsiero
6596 East Lake Rd., Appleton 14008
Tim Veiders
5692 West Bluff, Olcott 14126
John Syracuse
2772 S. Main St., Newfane 14108
Paul Haley
5653 W. Bluff, Olcott 14126
Rosemary Sansone
PO Box 308, Olcott 14126
Bev Mandaville
5561 Lockwood Heights, Olcott 14126
Annette McKay
PO Box 767, Olcott 14126
Sharon Linderman
PO Box 805, Olcott 14126
James Timkey
137 Windermere Rd., Lockport 14094
Terms expire 12/31/2000
FIRE ADVISORY BOARD
Expires
Francis Gaughn (Fire Chief’s Assn) 12/31/00
8 Watson Ave., Middleport 14105
James Franey (Fire Chief’s Assn) 12/31/00
414 Harper Dr., Lewiston 14092
Norman Maerten (Fire Chief’s Assn) 12/31/00
3636 Mapleton Rd., Sanborn 14132
Edwin Beutel (Fire Chief’s Assn) 12/31/00
3132 Upper Mountain Rd., Sanborn 14132
Robert Murray (Fire Chief’s Assn) 12/31/00
5994 Park La., Olcott 14126
James Welch (Vol. Firemens Assn) 12/31/00
Box 314, Wilson 14172-0314
Gary Hunt (Vol. Firemens Assn) 12/31/00
104 Hird St., Niagara Falls 14304
Carl Meyers (Vol. Firemens Assn) 12/31/00
3604 Upper Mountain Rd., Sanborn 14132
Edward Tase Jr (Vol. Firemens Assn) 12/31/00
4957 Sunset Dr., Lockport 14094
Marc Kasprzak (Vol. Firemens Assn) 12/31/00
3610 Lockport Rd., Sanborn 14132
William Correa, Chief 12/31/00
Fire Headquarters, Box 69, 3115 Walnut St., Niagara Falls 14302
Nicholas S. J. Vilardo, Chief of Fire Prevention 12/31/00
8511 Pershing Ave., Niagara Falls 14304
Thomas Passuite, Fire Chief
