Legislature
Legislative Journals
2000 - 2nd Journal
OFFICIAL RECORD
Lockport, New York
July 18, 2000
A Public Hearing was held pursuant to Resolution No. HR-018-00 adopted by the Legislature on June 20, 2000 on a proposed resolution on a tentative budget for NCCC for their fiscal year. Legislator Simonson opened the hearing at 7:30 p.m. and closed it approximately 8:00 p.m.
The Legislature was called to order by Chairman Clyde L. Burmaster at 8:05 p.m.
Roll Call.
Present: Burmaster, Cole, DeFlippo, Erck, Farnham, Granieri, Kimble, Meal, Mocniak, Needler, O’Connor, Ross, Seger, Simonson, Tylec, Urtel, Villani, Virtuoso – 18.
Absent: Ward – 1.
Chairman Burmaster announced the dedication ceremony for the Philo J. Brooks Office Building to be held at 2:00 and also the dedication of the Curt Hopkins Freedom Shrine will be August 1.
SPEAKERS:
- Richard Andres spoke re encouraging the Legislature to fund NCCC for the future generations.
- Peter Robinson spoke re encouraging the Legislature to continuing funding NCCC.
- Bill Snelgrove spoke re that the Legislature Chambers needs a better public address system so the audience can hear and would also request a report of the costs from the Pirates Festival.
- Al Wroblewski spoke re Resolution No. PS-033 re a Civilian Advisory Board to oversee the Sheriff’s Department.
- Dr. Patricia Siola spoke re how valuable NCCC is to the community and encouraged the Legislature to continue funding.
- Kathleen Ketch spoke re encouraging the Legislature to continuing funding NCCC.
- Rich Eliseo spoke re thanking the Buffalo News for their articles on the Power Authority Relicensing.
Legislator Urtel, Sharon Sacco, Director of OMB, Paul Roman, Chief Fiscal Officer and Larry Helwig, Director of Data Processing gave a presentation on the new financial management software – Peoplesoft.
Recess.
COMMUNICATIONS:
- From Mayor Sullivan, City of Lockport re appreciation for assistance in preparing 2000 Canal Brochure.
- From Mayor Hayden re expessed thanks for the grant monies for Community Enhancement to the Village of Barker.
- From Rebecca A. Connolly, Town Clerk of Somerset re expressed thanks for the grant monies for the Community Enhancement Program.
- From Richard & Marvel DeWitt re expressed thanks to the Legislature for supporting them in their efforts to make DWI a violent felony crime.
The Clerk announced that Resolution Nos. AD-011, HR-020, HR-021, HS-002, HS-019, PS-032 were withdrawn from the agenda.
The Chairman announced the following appointments:
YOUTH BOARD
Appt. Expires
Jeffrey Dhami (Youth ) 7/18/2000 12/31/2000
6395 Old Niagara Rd., Lockport 14094
WESTERN ERIE CANAL HERITAGE CORRIDOR COMMISSION
1. Paul Reid, Reid Petroleum
100 W. Genesee St., Lockport NY 14094
2. Julie Maedl, Trustee, Village of Middleport
33 Mechanic St., Middleport NY 14105
Moved by Urtel that the appointments be approved.
Carried.
Moved by Urtel to approve the Preferred Agenda items.
Carried. (Resolutions appear in numerical order)
RESOLUTIONS:
Resolution No. AD-009-00
From: Administration, Public Safety and Finance Committees
Dated: July 18, 2000
LINE ITEM TRANSFER – DATA PROCESSING
INSTALLATION OF NEW WIRELESS TOWER
WHEREAS, four departments located in Lockport have agreed to participate in the installation of this new wireless network (at an estimated cost of $54,186), which includes installation of antennas and towers centered at the Philo J. Brooks County Office Building, 59 Park Avenue, and
WHEREAS, five departments have agreed to cost share this installation, with their estimated participation amounts listed below are:
- Niagara County Sheriff $ 8,064
- Niagara County Refuse $ 8,877
- Niagara County Water $ 8,372
- Niagara County Soil & Water $15,339
- Niagara County Data Processing $13,534
$54,186
and
WHEREAS, several other alternatives to this proposal were considered and the construction of a new Tower at the Philo Brooks Building is the most economical and efficient configuration, and
WHEREAS, the Niagara County Data Processing Department will require additional funds to relocate the antenna tower from the roof top of the Court House due to Historical preservation and remodeling of the Court House, and
WHEREAS, the estimated cost of constructing the Tower at the Philo Brooks Building will be $13,534, and
WHEREAS, the Niagara County Public Works Department has received permission from the City of Lockport to construct this new Tower on our property, and
WHEREAS, the Niagara County Public Works Department agreed to provide in-kind service to install the concrete pad and fence for the Tower at estimated savings of $4,000, and
WHEREAS, the Refuse and Water departments will obtainpayback within two yearsand virtually eliminate their reoccurring communication costs with Bell-Atlantic, now, therefore, be it
RESOLVED, that the following line item transfer be effectuated to allow the Data Processing Department to have a new Tower installed:
FROM:
A1990.74032 Contingency $13,534
TO:
A1680.72112 Computer Accessories $13,534
Administration Committee
Signed: DeFlippo
Public Safety Committee
Signed: Meal
Finance Committee
Signed: Urtel
Moved by DeFlippo.
Carried.
Resolution No. AD-010-00
From: Administration and Finance Committees
Dated: July 18, 2000
INCREASE PROJECT AUTHORIZATION – TECHNOLOGY FUND
IMPLEMENTATION OF PEOPLESOFT FINANCIALS
WHEREAS, the Carrera Maximus Consulting is assisting Niagara County Treasurer, Audit, Purchasing, Budget and Data Processing Departments with the implementation of the PeopleSoft Financial modules, and
WHEREAS, the Technology Fund has accrued interest in the amount of approximately $110,000 over the past two years, and
WHEREAS, funding over and above will be necessary to adequately train and implement all of the remaining modules, and
WHEREAS, the technology fund, over the course of two and on half years has evolved into a bigger project than was originally designed in 1997 but not begun until 1998, due to Y2K, scope of design and other factors, and
WHEREAS, the accrued interest and additional funding will be required to continue the implementation of Peoplesoft, now, therefore, be it
RESOLVED, that the following project authorization be increased as follows:
INCREASE REVENUE:
H0522.73365-1500 Interest Earnings $110,000
INCREASE AUTHORIZATION:
H0522.73365 Technology Fund $110,000
and be it further
RESOLVED, to make the following line item transfer into the fund:
FROM:
A1911 Provision for Salary Increase $180,000
TO:
H0522.73365 Technology Fund $180,000
Administration Committee
Signed: DeFlippo
Finance Committee
Signed: Urtel
Moved by DeFlippo.
Carried.
Resolution No. AD-011-00 was withdrawn.
Resolution No. AD-012-00
From: Administration and Finance Committees
Dated: July 18, 2000
ACCEPTANCE OF LOCAL GOVERNMENT RECORDS MANAGEMENT
IMPROVEMENT FUND GRANT
WHEREAS, the Office of the Niagara County Clerk has written and submitted an application for a Local Government Records Management Improvement Fund Grant (LGRMIF) through the State Archives and Records Administration Division of the State Education Department under the inactive records category, and
WHEREAS, the grant was approved and fully funded in the amount of $75,000.00 for the period ending June 30, 2001, and
WHEREAS, the funds will be appropriated in the 2000 budget, and
WHEREAS, the County Clerk is the Records Management Officer for Niagara County and will administer the grant, now, therefore, be it
RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute the attached LGRMIF Grant, subject to the approval of the County Attorney, and be it further
RESOLVED, that the following budget modification be effectuated to accept the full amount of this grant:
INCREASE REVENUE:
AA1410.43060 Records Management Grant $75,000
INCREASE APPROPRIATIONS:
AA1410.72350 HVAC $75,000
Administration Committee
Signed: DeFlippo
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. AD-013-00
From: Administration and Finance Committees
Dated: July 18, 2000
ACCEPTANCE OF LOCAL GOVERNMENT RECORDS MANAGEMENT
IMPROVEMENT FUND GRANT
WHEREAS, the Office of the Niagara County Historian was authorized to prepare and submit an application for a Local Government Records Management Improvement Fund Grant (LGRMIF) through the State Archives and Records Administration Division of the State Education Department, for the purpose of funding the purchase of a microfilm reader/printer, a microfilm storage cabinet, and the microfilming of certain Niagara County records, and
WHEREAS, the grant was approved in the amount of $9430.00 for the period ending June 30, 2001, and
WHEREAS, the funds will be appropriated in the 2000 budget, and
WHEREAS, the County Historian is the Project Director for this grant and will administer the grant, now, therefore, be it
RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute the attached LGRMIF Grant, subject to the approval of the County Attorney, and be it further
RESOLVED, that the following budget modification be effectuated to accept the full amount of this grant:
INCREASE REVENUE:
A7510.43060 Records Management Grant $9,430
INCREASE APPROPRIATIONS:
A7510.72342 Office machines $6,359
A7510.74293 Purchase of services 2,973
A7510.74062 Travel-mileage 98
$9,430
Administration Committee
Signed: DeFlippo
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. AD-014-00
From: Administration and Public Safety Committees
Dated: July 18, 2000
INTERNET AND E-MAIL AGREEMENT WITH
NORTH TONAWANDA POLICE DEPARTMENT
WHEREAS, the Niagara County Sheriff’s Department has connected several Police departments into the Sheriff’s finger printing system (AFIS), and
WHEREAS, the North Tonawanda Police Department has requested Internet and Electronic Mail (E-Mail) access through the County Network for approximately 55 employees, and
WHEREAS, Niagara County Data Processing currently has sufficient capacity to accommodate these connections for the North Tonawanda Police Department, and
WHEREAS, the cost associated with software licenses and connection fees to the Internet will be collected from North Tonawanda Police Department, and
WHEREAS, the costs associated with this access will be $60 per user, and
WHEREAS, North Tonawanda Police Department will cost avoid or save approximately $12,000 annually by participating with Niagara County on this Shared Service effort, and
WHEREAS, the North Tonawanda Police Department has agreed to pay Niagara County for these services, now, therefore, be it
RESOLVED, that North Tonawanda Police Department will be billed annually at a rate of $60 per user payable to Niagara County Data Processing, and be it further
RESOLVED that the Chairman of the Niagara County Legislature be authorized to sign this agreement, subject to approval of the Niagara County Attorney’s office.
Administration Committee
Signed: DeFlippo
Public Safety Committee
Signed: Meal
Moved by Urtel.
Carried.
Resolution No. AD-015-00
From: Administration Committee
Dated: July 18, 2000
POLICY REGARDING PROCLAMATIONS/CITATIONS
WHEREAS, the County of Niagara recognizes by way of legislative proclamation and/or citation the good deeds and accomplishments of residents, businesses, not-for-profit corporations and charitable organizations, and
WHEREAS, the County of Niagara wishes to continue to recognize by way of proclamation and/or citation the good deeds of residents, businesses, not-for-profit corporations and charitable organizations which have a principal place of business in Niagara County, and
WHEREAS, the County of Niagara wishes to extend the recognition by way of proclamations and/or citations to residents, business, not-for-profit corporations and charitable organizations which, although do not reside in or have a principal place of business in the County of Niagara, have participated in activities which have or will have a substantial impact upon the residents of the County of Niagara, and
WHEREAS, the County of Niagara wishes to establish a policy relating to legislative proclamations and/or citations, now, therefore, be it
RESOLVED, that legislative proclamations and/or citations shall be limited to events involving residents, businesses, not-for-profit corporations and charitable organizations which reside in or have a principal place of business in Niagara County or to persons or businesses, not-for-profit corporations and charitable organizations which, although do not reside in or have a principal place of business in Niagara County, have participated in activities which have or will have a substantial impact upon the residents of the County of Niagara.
Administration Committee
Signed: DeFlippo
Moved by Urtel.
Carried.
Resolution No. FN-033-00
From: Finance Committee
Dated: July 18, 2000
AUTHORIZATION TO PURCHASE LANDS AT THE TAX SALE
WHEREAS, pursuant to Article 10 of the Real Property Tax Law of the State of New York, the County Treasurer has commenced proceedings for the sale of each parcel of land within the County upon which there remains an unpaid County tax for the year 2000, and
WHEREAS, it is deemed in the best interest of the County that the County Treasurer be authorized and directed to bid on lands at the tax sale for the gross amount due thereon, pursuant to the provisions of Section 1008 of the Real Property Tax Law, now, therefore, be it
RESOLVED, that the County Treasurer be, and hereby is, authorized and directed to purchase lands at the tax sale without competitive bidding for the gross amount due thereon, as provided by law.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-034-00
From: Finance Committee
Dated: July 18, 2000
ENVIRONMENTAL MONITORING CONTRACT AMENDMENT #1
FOR NIAGARA COUNTY REFUSE DISPOSAL DISTRICT
WHEREAS, the New York State Department of Environmental Conservation requires environmental monitoring for ground and surface water, and gas at the Lockport Landfill Facility, and
WHEREAS, a Request for Proposal for Environmental Monitoring was proposed, and
WHEREAS, the Niagara County Refuse Disposal District has received three (3) proposals: Parsons Engineering Science, Inc, $86,433.00; GZA GeoEnvironmental of New York $80,365.00; and Clough, Harbour & Associates LLP, $77,705.00, and
WHEREAS, Clough, Harbour & Associates LLP was the lowest responsible bidder, and
WHEREAS, on February 8, 2000, the Niagara County Refuse District Administrative Board has approved entering into an agreement for 2000 monitoring, with an option to extend services for 2001 with Clough, Harbour & Associates LLP for environmental services in the amount of $77,705.00, and
WHEREAS, the Niagara County Legislature approved the agreement by Resolution # FN-011-00, and
WHEREAS, the Niagara County Refuse Disposal District is required to abandon a well, as part of Landfill #1 remediation, and Clough, Harbour & Associates has agreed to perform the services for an additional $2,500.00, and
WHEREAS, there are sufficient funds available in the 2000 budget, now, therefore, be it
RESOLVED, that the Chairman of the Legislature be, and is hereby is, authorized to execute said agreement, subject to the approval of the County Attorney.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-035-00
From: Finance Committee
Dated: July 18, 2000
APPROVAL OF NO-COST CONTRACT AMENDMENT
CONSTRUCTION MANAGER CONTRACT-REFUSE
WHEREAS, the Niagara County Refuse Disposal District is a Potentially Responsible Party for the Niagara County Refuse Disposal Superfund Site in Wheatfield, and
WHEREAS, the cost is payable under the Federal consent Order - 80% by the other Potentially Responsible Parties and 20% by the County of Niagara, and
WHEREAS, a Request for Proposal for Construction Management and Construction Quality Assurance Services was proposed, and
WHEREAS,five proposals were received: Golder Associates Inc, Conestoga-Rovers & Associates, Lake Plain Associates, Inc., The Woodward-Clyde Team, Parsons Engineering Science, Inc., and
WHEREAS,Parsons Engineering Science, Inc., was ranked first (1st) based on the Technical and Management evaluation, and
WHEREAS, the proposals were evaluated according to the New York State Department of Environmental Conservation, Municipal Assistance Program Hazardous Waste Site Remediation. Procurement Procedures for Consultant Services, 1986 Environmental Quality Bond Act (EQBA), Title 3 Program, and
WHEREAS, approval for recommendation was made by the Technical Steering Committee for the Potentially Responsible Parties, the Niagara County Refuse Disposal District Administrative Board, and the New York State Department of Environmental Conservation, and
WHEREAS, the Niagara County Legislature approved the contract between Parsons Engineering Science, Inc., and the County of Niagara for a Total Contract Price of $615,241.89, and
WHEREAS, a no cost contract amendment to this contract is proposed in order to reallocate the labor cost items to provide for more flexibility in personnel assignments during preparation of the closure report as noted in the amendment attached here to, now, therefore, be it
RESOLVED, that the Chairman of the Legislature be, and is hereby is, authorized to execute said amendment.
Finance Committee
Signed: Urtel
Moved by Ross.
Carried.
Resolution No. FN-036-00
From: Finance Committee
Dated: July 18, 2000
APPROVAL OF CONSTRUCTION CONTRACT-REFUSE
CHANGE ORDER NO. 7
WHEREAS, the Niagara County Refuse Disposal District is a Potentially Responsible Party for the Niagara County Refuse Disposal Superfund Site in Wheatfield, and
WHEREAS, the cost is payable under the Federal consent Order: 76.28% by the other Potentially Responsible Parties and 23.72% by the County of Niagara, and
WHEREAS, a bid for Construction of Cap Subgrade, Perimeter Collection/Barrier System, and Final Landfill Cap was opened by the Niagara County Purchasing Department, and
WHEREAS,Haseley Construction Co, Inc., was the lowest responsible bidder, and
WHEREAS, the bid was reviewed and approved for recommendation by the Engineering firm of Conestoga-Rovers & Associates Limited, the Technical Steering Committee for the Potentially Responsible Parties, the Niagara County Refuse Disposal District Administrative Board, and the New York State Department of Environmental Conservation, and
WHEREAS,that the Niagara County Legislature accepted the low bid of Haseley Construction Co. Inc., in the amount of $8,233,555.00, by resolution # FN-042-98, and
WHEREAS, changes in the work may be ordered without invalidating the Contract in accordance to Section 2.6.05 of the bid and shall be specified in a written Change Order approved by the Owner on recommendation on the Engineer, and
WHEREAS,Change Order No.1 was approved by resolution # FN-023-99, in the amount of $00.00 (zero dollars), and Change Order No.2 was approved by resolution # FN-027-99, as a credit in the amount of ($28,000.00), and Change Order No.3 was approved by resolution # FN-037-99, in the amount of $20,400.00, and Change Order No.4 was approved by resolution # FN-047-99, as a credit in the amount of ($13,805.00), and Change Order No.5 was approved by resolution # FN-063-99, as a credit in the amount of ($9,424.20), and Change Order No.6 was approved by resolution # FN-012-00, as a credit in the amount of ($223,775.50), and
WHEREAS, Change Order No.7 is attached and is authorized by the Niagara County Refuse Disposal District Director, Project Manager, in the amount of $95,000.00, changing the total contract amount to $8,073,950.30, now, therefore, be it
RESOLVED, that the Chairman of the Legislature be, and is hereby is, authorized to execute said Change Order No.6.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-037-00
From: Finance Committee
Dated: July 18, 2000
A LOCAL LAW IN RELATION TO THE SALE BY THE COUNTY OF NIAGARAOF ITS RIGHTS TO RECEIVE PAYMENTS EXPECTED TO BECOME DUE UNDERTHE MASTER SETTLEMENT AGREEMENT AND THE RELATED CONSENTDECREE AND FINAL JUDGMENT WITH VARIOUS TOBACCO COMPANIES
WHEREAS, the Finance Committee presents in writing the following proposed Local Law:
A Local Law of the County of Niagara in relation to the sale by the County of Niagara of its rights to receive payments expected to become due under the Master Settlement Agreement and the related Consent Decree and Final Judgment with various tobacco companies:
Be in enacted by the County Legislature of the County of Niagara, as follows:
Section 1. Legislative Intent.
The Legislature hereby finds that:
A. The County of Niagara (the "County") is entitled to receive payments under the Master Settlement Agreement (hereinafter the "MSA") and the Consent Decree and Final Judgment of the Supreme Court of the State of New York, County of New York, dated December 23, 1998 (hereinafter, as the same may be amended or modified, the "Decree") in the class action entitledState of New York, et al. v. Phillip Morris Incorporated, et al.(Index No. 400361/97); and
B. In order to secure to present generations a portion of the benefits intended to be conferred by the MSA and the Decree, it is necessary or desirable for the County to sell all or a portion of its rights, title and interest in, to and under the Decree and in and to the moneys payable to the County under the MSA and the Decree (all such rights, title and interest hereinafter collectively referred to as the "Tobacco Settlement Revenues") to a local development corporation to be created by the County pursuant to the Not-For-Profit Corporation Law of the State of New York.
Section 2. Authorization to Take all Actions Necessary to Effect Sales and to Benefit from the Consideration to be Received from Such Sales.
The County is hereby authorized to sell to the said local development corporation, and to take any and all actions necessary or desirable to effect one or more sales to the said local development corporation of the County’s rights, title and interest in and to all or a portion of the Tobacco Settlement Revenues and to take any and all actions necessary or desirable to enable the County to benefit from the consideration to be received from any such sale. The Chairman of the County Legislature or his designee(s) may approve the terms and conditions of any such transaction and the form and substance of any agreement of sale or other document
necessary or desirable to effect any such transaction including the power to execute and deliver and such agreement or other document as may be approved by the person executing the same and to take any and all other actions necessary or desirable to enter into, facilitate or consummate such transaction, including agreeing to pay certain fees and expenses which will be payable regardless of whether or not such transaction is consummated. The County shall use the initial proceeds to be received from said corporation from such sale first to finance the defeasance of currently outstanding County bonds paid by the general fund and, to the extent available, to finance certain capital projects identified in the County’s capital program. It is the intent of this local law that a sale by the County of Tobacco Settlement Revenues to the said local development corporation is, and it is hereby deemed to be, a true sale and not a borrowing.
Section 3. Local Development Corporation.
The Chairman of the County Legislature or his designee(s) is hereby authorized to take all actions necessary to create a corporation pursuant to the New York Not-For-Profit Corporation Law § 1411 (hereinafter the "Corporation"). The Corporation shall be granted all powers as may be deemed necessary by the Chairman of the County Legislature or his designee(s), which powers shall include, but not be limited to, the power to purchase from the County its right, title and interest in and to all or a portion of the Tobacco Settlement Revenues, to issue bonds, notes and other evidence of indebtedness and other securities and to incur other obligations, to create and transfer assets of the Corporation to a trust or other entity, and to take all other actions as may be necessary in connection therewith.
It is the specific intention of the Legislature that the purpose and scope of the Corporation be limited to the transactions contemplated by this local law including the purchase of Tobacco Settlement Revenues from the County, the financing of any such purchase and related transactions.
Section 4. Covenant and Agreement.
The County is hereby authorized to covenant and agree with the Corporation in a transaction contemplated by this local law for the benefit of the Corporation and the holders from time to time of any bonds, notes or other obligations or other securities (hereinafter collectively, the "Securities") issued by the Corporation that the County will not limit or alter the rights of the Corporation to fulfill the terms of its agreements with the holders of the Securities until the Securities, together with the interest due thereon or payable in respect thereof and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The Chairman of the County Legislature or his designee(s) is granted the power to make such a covenant to and agreement with the Corporation and to take any and all actions necessary or desirable to cause such covenant and agreement to be made or enforced. The Corporation is hereby authorized to assign to or for the benefit of the holders of its Securities any covenant or agreement made by the County pursuant to this Section.
Section 5. This local law takes effect upon filing in the office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law.
RESOLVED, that the Niagara County Legislature shall conduct a public hearing upon said proposed Local Law at the Legislature Chambers, Courthouse, Lockport, New York, on the 1st day of August, 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 and Journal, the Niagara Gazette, and the Tonawanda News; 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.
Finance Committee
Signed: Urtel
Moved by Virtuoso.
Approved for submission: Burmaster, Urtel, Tylec.
Carried.
Resolution No. HR-020-00 was withdrawn.
Resolution No. HR-021-00 was withdrawn.
Resolution No. HS-002-00 was withdrawn.
Resolution No. HS-019-00 was withdrawn.
Resolution No. HS-020-00
From: Health Services and Finance Committees
Dated: July 18, 2000
LINE ITEM TRANSFER – DRUGS – HEALTH DEPARTMENT
WHEREAS, the Nursing division of the Niagara County Health Department provides home care services to homebound patients, and
WHEREAS, some of these patients require costly intravenous medication because of their higher acuity level, which cannot be predicted at the time the yearly budget is prepared, and
WHEREAS, the budget line 74245 Drugs will be fully depleted if cost intensive cases continue to increase, now, therefore, be it
RESOLVED, that the following line item transfer be effectuated:
FROM:
A4011.74892 Home Health Aides $35,000
TO:
A4011.74245 Drugs $35,000
Health Services Committee
Signed: Simonson
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. HS-022-00
From: Health Services and Finance Committees
Dated: July 18, 2000
LINE ITEM TRANSFER – VACCINE DISTRIBUTION GRANT
WHEREAS, the Vaccine Distribution Program of the Niagara County Department of Health provides immunization services to uninsured or underinsured children of the county through a fully funded grant, and
WHEREAS, there are budgeted funds available in the Hospital/Medical Insurance line due to an employee not requiring health insurance, and
WHEREAS, those available funds are needed in multiple lines within this grant funded program, now, therefore, be it
RESOLVED, that the following line item transfer be effectuated:
FROM:
AA4018.78400 Hospital/Medical Insurance $3,575
TO:
AA4018.71030.051001 PT./Misc. $1,000
AA4018.71050 Overtime 1,200
AA4 018.72024 Furniture & Fixtures 200
AA4018.72045 Computer Equipment 300
AA4018.74309 Medical/Lab/Clinic Supplies 200
AA4018.74138 Supplies Materials 500
AA4018.74040 Service Contracts 175
$3,575
Health Services Committee
Signed: Simonson
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. IL-010-00
From: Legislator Samuel P. Granieri and Administration Committee
Dated: July 18, 2000
AMENDMENT TO THE RULES OF PROCEDURE FOR THE NIAGARA
COUNTY LEGISLATURE TO PREVENT AMENDMENTS TO INDIVIDUAL
LEGISLATOR (IL) RESOLUTIONS WITHOUT THE CONSENT OR
ENDORSEMENT OF THE RESOLUTION’S PRIMARY SPONSOR
WHEREAS, the Niagara County Legislature is dedicated to providing the best possible government to the residents of Niagara County, and
WHEREAS, the Niagara County Legislature enacted Resolution No. AD-009-98 on April 21, 1998, that established Rules of Procedure which were adopted as the official rules for the Niagara County Legislature, and
WHEREAS, the Rules of Procedure can be amended altered or rescinded only by a majority vote of the members of the Legislature, and
WHEREAS, there are no specific provisions within the Rules of Procedure that prevent amendments to Individual Legislator (IL) Resolutions without the consent or endorsement of the resolutions primary sponsor, and
WHEREAS, such amendments may not reflect the sponsors intent, and
WHEREAS, Individual Legislator (IL) Resolutions are a method for Niagara County Legislators to propose policy or legislation that a legislator believes is in the best interest of the residents of Niagara County, and
WHEREAS, it is in the best interest of Niagara County government and its residents that Individual Legislator (IL) Resolutions reflect the intent and the language of the resolution’s sponsor, now, therefore, be it
RESOLVED, that Rule 15 of the Rules of the Legislature be amended so that the Individual Legislator (IL) Resolutions cannot be amended or modified without the consent or endorsement of the Resolution’s primary sponsor, and be it further
RESOLVED, that the Niagara County Legislature Rules of Procedure established April 21, 1998, by Resolution No. AD-009-98, be amended to add the following at the end of the second paragraph: "In such event, the IL resolution, local law or other matter must be voted on as presented, without amendment, unless the primary sponsor agrees to any proposed amendment."
Signed: Granieri
Administration Committee
Signed: DeFlippo
Moved by Granieri.
Carried.
Resolution No. IL-021-00
From: Legs. Malcolm Needler and Samuel P. Granieri , et al.
Dated: July 18, 2000
FORMATION OF A COMMITTEE TO STUDY THE IMPACT OF RECENT NEW YORK
STATE LEGISLATION THAT INCREASES THE MAXIMUM PINS (PERSONS IN
NEED OF SUPERVISION) AGE FROM 16 TO 18
WHEREAS, the state of New York has increased the maximum age for youth to qualify for the Persons in Needs of Supervision (PINS) program for 16 to 18 years of age, and
WHEREAS, at this point in time it is anticipated that this change in PINS regulations will cost the property taxpayers significant additional tax dollars, and
WHEREAS, in the course of discussions of this issue it has been pointed out by several individuals that there is a significant shortage of facilities both in Niagara County and New York State to handle PINS youth, and
WHEREAS, it has been projected to the Niagara County Legislature by the Social Services Administration that the youth of Niagara County may have to go as far a New York City to be placed in an appropriate setting to handle their needs, and
WHEREAS, if the State of New York does fund this expansion of the PINS law it will relieve the fiscal impact on Niagara County but not eliminate the shortage of appropriate beds nor the inconvenience to the youth at risk and their families, now, therefore, be it
RESOLVED, that a committee be formed which will include the Commissioner of Social Services, Budget Director, Director of Probation, Niagara County Sheriff, Niagara County Attorney or designated Assistant County Attorney, Niagara County District Attorney, and a representative from the Family Court system to review this issue, and be it further
RESOLVED, that additional members of the committee may be added as the need is identified by the committee, and be it further
RESOLVED, that this committee be charged with finding a suitable interim solution for housing the anticipated increase in the PINS population in the near future and also create a long term solution to this problem going forward with the eye towards opening a regional facility which could potentially generate revenues to not only offset it’s costs but also to generate additional revenues for the County of Niagara, and be it further
RESOLVED, that this committee reports their progress to the Social Services Committee on a monthly basis and that they target their interim solution to be in place for inclusion into the 2001 County Budget and a permanent solution to be adopted by the Niagara County Legislature by May 1, 2001.
Signed: Needler, Granieri, Meal, Simonson, Burmaster, Urtel, DeFlippo, Villani, Farnham, Ross
Referred to Social Services, Finance and Public Safety Committees.
Resolution No. IL-022-00
From: Legs. Malcolm Needler and Samuel P. Granieri, et al.
Dated: July 18, 2000
REORGANIZATION OF THE NIAGARA COUNTY DEPARTMENTS OF SOCIAL SERVICES, EMPLOYMENT & TRAINING AND THE
NIAGARA COUNTY YOUTH BUREAU
WHEREAS, it is a good business practice and desirous to avoid duplication of effort from staff whenever and where ever possible, and
WHEREAS, it makes sound business sense to for Niagara County to streamline it’s operations to gain greater efficiency whenever and where ever possible, and
WHEREAS, the Department of Social Services, Employment and Training and the Youth Department often times perform similar tasks for similar clientele, and
WHEREAS, the coordination of activities and sharing of knowledge of information between these three departments will increase efficiency, service to our clients and departmental understanding, now, therefore, be it
RESOLVED, that the Social Services Committee oversee the combining of the Department of Social Services, the Employment and Training Department and the Youth Department into a single department, and be it further
RESOLVED, that this initial combining of departments take place by September 1st, 2000, and be it further
RESOLVED, that the Social Services Committee and the management of the affected department working with consultants and the New York State Department of Children and Family Services develop a staffing plan for this new department, which will make maximum use and advantage of the staff, and be it further
RESOLVED, that the new department structure be implemented for adoption in the Niagara County budget of year 2001, and be it further
RESOLVED, that this project be treated as a priority project of the Legislature by all Niagara County departments and employees of Niagara County.
Signed: Needler, Granieri, Meal, Simonson, Burmaster, Urtel, DeFlippo, Villani, Farnham, Ross
Referred to Social Services Committee.
Resolution No. PK-005-00
From: Parks and Environmental Services and Finance Committees
Dated: July 18, 2000
BOND LAKE ENVIRONMENTAL COMMITTEE
creation of account
WHEREAS, the Niagara County Legislature created the Bond Lake Environmental Committee to promote and enhance Bond Lake Park, and
WHEREAS, the Bond Lake Environmental Committee is receiving grant funds to accomplish their goals, and
WHEREAS, a grant in the amount of $40,000.00 has been received for farmland reclamation, now, therefore, be it
RESOLVED, that the Bond Lake Environmental Committee be allowed to set up an account with the Niagara County Treasurer’s Office to receive and disburse funds and to make the following budget modification:
INCREASE REVENUE:
AA7250.42001 Bonds Lake Environment Committee Grant $40,000
INCREASE APPROPRIATION:
AA7250.74032 Contractual Expense $40,000
and be it further
RESOLVED, the Bond Lake Environmental Committee shall abide by all Niagara County Purchasing guidelines, purchase through the Niagara County Purchasing Department, accounts payable must go through the Niagara County Audit Department and carry out the Grant Process through the Niagara County Legislature and the Parks and Environmental Services Committee.
Parks & Environmental Services Committee
Signed: DeFlippo
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. PS-031-00
From: Public Safety Committee
Dated: July 18, 2000
AUCTION OF RECOVERED BICYCLES
WHEREAS, the Niagara County Sheriff’s Department wishes to auction off abandoned and recovered bicycles which are now the Sheriff’s Departments property, and
WHEREAS,this auction is held yearly, and
WHEREAS,the Sheriff’s Department wishes to use these funds to help subsidize the DARE Program, and
WHEREAS, all proceeds will be deposited with the Niagara County Treasurer’s Office and a Resolution will be forthcoming upon receipt of the funds to dispense into the County DARE budget, now, therefore, be it
RESOLVED, that the Niagara County Sheriff’s Department hold an auction at the Niagara County Fair during the month of August, 2000, and be it further
RESOLVED,that the proceeds be used to enhance the DARE program, and be it further
RESOLVED, that a Resolution dispensing such funds will be presented after the auction.
Public Safety Committee
Signed: Meal
Moved by Urtel.
Carried.
Resolution No. PS-032-00 was withdrawn.
Resolution No. PS-033-00
From: Public Safety, Human Resources & Education and Finance Committees
Dated: July 18, 2000
RESOLUTION APPROVING CLAIM SETTLEMENT OF
GREAR VS. COUNTY OF NIAGARA, ET AL.
WHEREAS, Brian Grear commenced litigation against the County of Niagara and Sheriff Thomas A. Beilein in United States District Court, Western District of New York, seeking money damages from the County of Niagara on the grounds that the County of Niagara violated the Fair Labor Standards Act (FLSA), and
WHEREAS, the County of Niagara retained special counsel, Hurwitz & Fine, Paul Suozzi, of Counsel, to represent it in the defense of this case, and
WHEREAS, as a result of pretrial disclosure and settlement negotiations between the parties, Hurwitz & Fine, Paul Suozzi, of Counsel, has recommended that the County of Niagara pay the sum of $70,000 to Brian Grear in full settlement of all claims involved in this case, and
WHEREAS, based upon the recommendation of special counsel, it is in the best interests of the County of Niagara to settle this case at this time, in consideration of the possible financial exposure arising from a verdict unfavorable to the County of Niagara and of the costs and disbursements required to fully defend this case both on a pretrial and trial basis, now, therefore, be it
RESOLVED, that the County of Niagara pay to Brian Grear the sum of $70,000 in exchange for the discontinuance of the following litigation: "Brian Grear vs. the County of Niagara and Sheriff Thomas A. Beilein," United States District Court, Western District of New York, and be it further
RESOLVED, that, as a specific condition to settlement, the County of Niagara and Brian Grear exchange general releases and a confidentiality agreement in form and content acceptable to both special counsel and to the County Attorney, and be it further
RESOLVED, that the funds be transferred to the Sheriff’s Department personnel lines as follows to fund said settlement:
INCREASE REVENUE:
A3110.43360 Felons Maint. $70,000
INCREASE APPROPRIATION:
A3110.71050 Overtime $70,000
Public Safety Committee
Signed: Meal
Human Resources & Education Committee
Signed: Needler
Finance Committee
Signed: Urtel
Moved by Meal.
Carried.
Resolution No. PS-034-00
From: Public Safety, Human Resources & Education and Finance Committees
Dated: July 18, 2000
APPROVAL OF SETTLEMENT OF FLSA AUDIT
BUDGET MODIFICATION
WHEREAS, the United States Department of Labor has undertaken an audit pursuant to the Fair Labor Standards Act pertaining to claims by several members of the Niagara County Sheriff’s Department for back wages for overtime hours worked, and
WHEREAS, the said audit may be settled by the payment to the several members of the Sheriff’s Department of the total amount of approximately $120,069.34, and
WHEREAS, funds must be transferred to effectuate said settlement, now, therefore, be it
RESOLVED, that settlement of the said audit by the payment of approximately $120,069.34 is hereby approved, and be it further
RESOLVED, that the funds be transferred to the Sheriff’s Department personnel lines as follows to fund said audit settlement:
INCREASE REVENUE:
A3110.43360 Felons Maint. $102,220
A3150.43360 Felons Maint. 6,164
AA3112.43360 Felons Maint. 180
A3120.43360 Felons Maint. 11,507
INCREASE APPROPRIATION:
A3110.71050 Overtime $102,220
A3150.71050 Overtime 6,164
AA3112.71050 Overtime 180
A3120.71050 Overtime 11,507
Public Safety Committee
Signed: Meal
Human Resources & Education Committee
Signed: Needler
Finance Committee
Signed: Urtel
Moved by Meal.
Carried.
Resolution No. PW-044-00
From: Public Works and Parks & Environmental Services Committees
Dated: July 18, 2000
AWARD OF CONTRACT
GOLF COURSE IRRIGATION SYSTEM – EPN 9910
WHEREAS, the Niagara County Public Works and Parks and Environmental Services Committees authorized the Commissioner of Public Works to proceed with the Golf Course Irrigation Project, and
WHEREAS, sealed bids were received and publicly opened by the Purchasing Department on June 20, 2000, as tabulated below:
Contractor Bid Price
1. Irrigation & Pump Specialties $782,800
PO Box 1912
Blasdell, NY 14219
2. Man O’Trees $798,800
6089 Sullivan Hollow Road
Kill Buck, NY 14748
3. Aqua Turf, Inc. $883,800
5 North Payne Street
Elmsford, NY 10523
and
WHEREAS, funds are available in Project Account H0522.73392, Golf Course Irrigation System, now, therefore, be it
RESOLVED, as recommended by your Public Works Committee, the work be awarded to the low bidder, Irrigation & Pump Specialties, PO Box 1912, Blasdell, NY 14219, in the amount of $782,800.00, and be it further
RESOLVED, that the Chairman of the Legislature is authorized to execute the Project Labor Agreement and the required documents for the Golf Course Irrigation System.
Public Works Committee
Signed: Farnham
Parks & Environmental Services Committee
Signed: DeFlippo
Moved by Farnham.
O’Connor and Tylec voted no.
Carried.
Resolution No. PW-045-00
From: Public Works Committee
Dated: July 18, 2000
AWARD OF CONTRACT
RECONSTRUCTION OF LOWER MOUNTAIN ROAD, PART I
WHEREAS, the Niagara County Legislature authorized the Commissioner of Public Works to proceed with the reconstruction of the Lower Mountain Road, Part I, and
WHEREAS, sealed bids were received and publicly opened by the Purchasing Department on June 30, 2000, as tabulated below:
Contractor Bid Price
1. Concrete Applied Technologies Corp. $ 2,121,542.80
d/b/a CATCO
1266 Townline Road
Alden, NY 14004
2. Armand Cerrone, Inc. $ 2,364,935.50
4625 Witmer Road
Niagara Falls, NY 14305
3. Yarussi Construction, Inc. $ 2,595.495.88
5650 Simmons Avenue
Niagara Falls, NY 14304
4. Hartford Paving Corp. $ 2,694,235.00
3409 Broadway
Cheektowaga, NY 14225
and
WHEREAS, funds are available in Project Account D5112.72239, Lower Mountain Road, now, therefore, be it
RESOLVED, that as recommended by the Public Works Committee, the work be awarded to the low bidder, Concrete Applied Technologies Corp., d/b/a CATCO, 1266 Townline Road, Alden, NY, 14004, in the amount of $2,121,542.80, and be it further
RESOLVED, that the Chairman of the Legislature is authorized to execute the required documents.
Public Works Committee
Signed: Farnham
Moved by Farnham.
Carried.
Resolution No. PW-046-00
From: Public Works Committee
Dated: July 18, 2000
ACCEPTANCE OF ELECTRICAL CONSTRUCTION CONTRACT
FOR RECORDS STORAGE BUILDING HVAC UPGRADE
WHEREAS, by Resolution No. PW-021-00, dated March 7, 2000, the Legislature awarded the contract for the electrical construction at the Records Storage Building, to C.I.R. Electrical Construction Corp., 2750 Kenmore Aven
