Legislature
Legislative Journals
1998 - 1st Journal
Lockport, New York
January 6, 1998
The Legislature of the County of Niagara, State of New York, convened in annual session in the Legislative Chambers, Courthouse, Lockport, New York on Tuesday, January 6, 1998, for the purpose of electing officers for the ensuing year.
The Legislature was called to order by Thomas M. Jaccarino, Clerk of the Legislature at 8:47 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
Fifth Sean J. O'Connor
Sixth Robert R. Villani
Seventh Gerald K. Farnham
Eighth Arthur F. Kroening
Tenth Robert L. Seger
Eleventh Malcolm A. Needler
Twelfth Lee Simonson
Thirteenth Clyde Burmaster
Fourteenth Shirley Gregory Urtel
Fifteenth Gerald DeFlippo
Sixteenth John Cole
Seventeenth Bradley E. Erck
Eighteenth James W. Ward
Nineteenth Gerald E. Meal
Absent:
Ninth John Tylec
The Clerk asked for nominations for temporary Chairman.
Moved by Simonson that Legislator Burmaster be nominated for temporary Chairman.
Moved by Simonson that the nominations be closed.
Carried.
The Clerk declared Legislator Burmaster as temporary Chairman.
Legislator Burmaster assumed the chair.
Moved by Needler that Legislator Meal be nominated for permanent Chairman.
Moved by Kimble that Legislator O'Connor be nominated for permanent Chairman.
Moved by Kimble that the nominations be closed.
Carried.
The roll call vote for permanent Chairman is as follows:
Those voting for Meal: Burmaster, DeFlippo, Farnham, Granieri, Kroening, Meal, Needler, Simonson, Urtel, Villani, Ward - 11.
Those voting for O'Connor: Cole, Erck, Kimble, Mocniak, O'Connor, Seger, Virtuoso - 7.
Temporary Chairman Burmaster declared Legislator Meal as permanent Chairman.
Legislators Urtel and O'Connor escorted Chairman Meal to the chair.
Chairman Meal asked for nominations for Vice-Chairman.
Moved by Ward that Legislator Burmaster be nominated for Vice-Chairman.
Moved by Kimble that Legislator Seger be nominated for Vice-Chairman.
Moved by Kimble that the nominations be closed.
Carried.
The roll call vote for Vice-Chairman is as follows:
Those voting for Burmaster: Burmaster, DeFlippo, Farnham, Granieri, Kroening, Meal, Needler, Simonson, Urtel, Villani, Ward - 11.
Those voting for Seger: Cole, Erck, Kimble, Mocniak, O'Connor, Seger, Virtuoso - 7.
The Chairman declared Legislator Burmaster as Vice-Chairman.
Chairman Meal asked for nominations for Clerk of the Legislature.
Moved by Villani that Jeffrey Williams be nominated for Clerk.
Moved by Kimble that Thomas Jaccarino be nominated for Clerk.
Moved by Kimble that the nominations be closed.
Carried.
The roll call vote for Clerk is as follows:
Those voting for Williams: Burmaster, DeFlippo, Farnham, Granieri, Kroening, Meal, Needler, Simonson, Urtel, Villani, Ward - 11.
Those voting for Jaccarino: Cole, Erck, Kimble, Mocniak, O'Connor, Seger, Virtuoso 7.
Chairman Meal declared Jeffrey Williams as the Clerk of the Legislature.
Mr. Williams took the chair.
Chairman Meal asked for nominations for County Attorney.
Moved by Villani that Edward Perlman be nominated for County Attorney.
Moved by Kimble that Morton Abramowitz be nominated for County Attorney.
Moved by Kimble that the nominations be closed.
Carried.
The roll call vote for County Attorney is as follows:
Those voting for Perlman: Burmaster, DeFlippo, Farnham, Granieri, Kroening, Meal, Needler, O'Connor, Simonson, Urtel, Villani, Ward - 12.
Those voting for Abramowitz: Cole, Erck, Kimble, Mocniak, Seger, Virtuoso - 6.
Chairman Meal declared Edward Perlman as the County Attorney.
Speakers:
1. Jerry Hamam, Lewiston re Parks Commissioner.
2. Charles Piglisi, Niagara Falls, NY re opposition to replacement of Joe Penale, Parks Commissioner.
3. Karen Penale re opposing termination of her husband.
4. Bruce Reynolds, Parks employee re accomplishments and cost savings measures since Joe Penale took over.
5. Charles Humphrey, Sanborn re purpose of government.
6. Don Hobel re welcoming new legislators and also spoke re the IDA.
7. Margie Swan re reminding the legislators about the Oath of Office that they all took and what it means and commented on the outstanding job being done by Joe Penale at the Parks Dept.
8. Legislator Erck read a statement from former Parks Committee Chairman Wayne Lenhart re Penale's many accomplishments and encouraged the legislators to vote to retain him as Parks Commissioner.
Chairman Meal asked for nominations for Public Defender.
Moved by Ward that Daniel Seaman be nominated for Public Defender.
Moved by Kimble that James Perry be nominated for Public Defender.
Moved by Kimble that the nominations be closed.
Carried.
The roll call vote for Public Defender is as follows:
Those voting for Seaman: Burmaster, DeFlippo, Farnham, Granieri, Kroening, Meal, Needler, Simonson, Urtel, Villani, Ward - 11.
Those voting for Perry: Cole, Erck, Kimble, Mocniak, O'Connor, Seger, Virtuoso - 7.
The Chairman declared Daniel Seaman as the Public Defender.
The Chairman asked for nominations for County Auditor.
Moved by Urtel that Keith Lasher be nominated for County Auditor.
Moved by Kimble that Nancy Sharpe be nominated for County Auditor.
Moved by Kimble that the nominations be closed.
Carried.
The roll call vote for County Auditor is as follows:
Those voting for Lasher: Burmaster, DeFlippo, Farnham, Granieri, Kroening, Meal, Needler, Simonson, Urtel, Villani, Ward - 11.
Those voting for Sharpe: Cole, Erck, Kimble, Mocniak, O'Connor, Seger, Virtuoso - 7.
The Chairman declared Keith Lasher as the County Auditor.
Legislator Urtel stated her slate of nominees for appointment as Department Heads:
Aging Shirley Wayda
Code Enforcement Dan Gregory
Data Processing Larry Helwig
Historian Dorothy Rolling
Human Resources Al Joseph
Planning Samuel Ferraro
Risk Management Nancy Sheehan
Parks Timothy Horanburg
Veterans Donald Thompson
Youth Bureau Paul Colangelo
Legislator Seger stated his slate of nominees for appointment as Department Heads:
Aging Shirley Wayda
Code Enforcement Mark Dembitsky
Data Processing Thomas Palka
Historian Dorothy Rolling
Human Resources Al Joseph
Planning Samuel Ferraro
Risk Management Nancy Sheehan
Parks Joseph Penale
Veterans Donald Thompson
Youth Bureau Joseph Proietti
Moved by Kimble that the nominations be closed.
Carried.
Legislator Urtel stated the following salaries:
D. Gregory $29,396
A. Joseph 43,153
L. Helwig 50,114
T. Horanburg 46,259
P. Colangelo 35,114
Motion by Urtel to remove D. Gregory from her list of nominations.
Carried.
The roll call vote for the two slates of nominees:
Urtel slate: Burmaster, DeFlippo, Farnham, Granieri, Kroening, Meal, Needler, Simonson, Urtel, Villani, Ward - 11.
Seger slate: Cole, Erck, Kimble, Mocniak, O'Connor, Seger, Virtuoso - 7.
The slate presented by Legislator Urtel was approved.
Moved by Urtel that Gerald Meal be designated to serve on the Niagara County Jury Board.
Carried.
Legislator Needler announced that Legislator Urtel would serve as Majority Leader, Legislator Kroening as First Deputy and Legislator Ward as Second Deputy Majority Leader.
Legislator Kimble stated that the Minority Leader positions would be announced on January 20th.
Moved by Simonson that the Board will continue to meet on the first and third Tuesday evenings at 8:00 p.m., or at the call of the Clerk of the Legislature.
Moved by Kimble that the meetings be held at 7:00 p.m.
The roll call vote is as follows:
7:00 p.m.: Cole, Erck, Granieri, Kimble, Mocniak, Virtuoso - 6.
8:00 p.m.: Burmaster, DeFlippo, Farnham, Kroening, Meal, Needler, O'Connor, Seger, Simonson, Urtel, Villani, Ward - 12.
The 8:00 p.m. time was approved.
Moved by Legislator Erck to move the November meeting to November 4th because of Election Day.
Carried.
Moved by Needler that the three Niagara County newspapers, namely: Niagara Gazette, Union Sun & Journal and Tonawanda News by designated as the official newspapers.
Carried.
Moved by Kroening to approve committee structure.
1998 STANDING COMMITTEES
ADMINISTRATION
COMMERCE, TOURISM & AGRICULTURE
ENVIRONMENTAL SERVICES
FINANCE
HEALTH SERVICES & EDUCATION
HUMAN RESOURCES
PARKS
PUBLIC SAFETY
PUBLIC WORKS
SENIOR/YOUTH SERVICES
SOCIAL SERVICES
Refuse Disposal District Administrative Board
Burmaster
Farnham
Kroening
Villani
Seger
Cole
Erck
Carried.
Moved by Urtel to contract with Richard May as the Attorney for Aging.
Moved by Kimble to contract with Craig Tuoma as the Attorney for Aging.
The roll call vote is as follows:
May: Burmaster, Cole, DeFlippo, Erck, Farnham, Granieri, Kroening, Meal, Needler, Simonson, Urtel, Villani, Ward - 13.
Tuoma: Kimble, Mocniak, O'Connor, Seger, Virtuoso - 5.
The Chairman declared Richard May as the Attorney for Aging.
Chairman Meal addressed the members of the Legislature.
Motion by Seger to adjourn the meeting.
Carried.
The Chairman declared the Board adjourned at 10:00 p.m. subject to the call of the Clerk.
Jeffrey D. Williams, Clerk
OFFICIAL RECORD
Lockport, New York
January 20, 1998
The Legislature was called to order at 7:55 p.m. by Chairman Gerald E. Meal.
Roll Call.
Present: Burmaster, Cole, DeFlippo, Erck, Farnham, Granieri, Kimble, Kroening, Meal, Mocniak, Needler, O’Connor, Simonson, Seger, Tylec, Urtel, Villani, Virtuoso, Ward – 19.
Absent: None.
Speakers:
- Kathy Ellis re replacing good County employees with new County employees. Creating positions using taxpayers dollars.
- Dan Gregory re stated that he is not affiliated with any political party and has been qualified for the position of Code Enforcement Officer, scored number one on the Civil Service list.
- Charles Humphrey re wanted to finish presentation that he was unable to get through last meeting. The fate of future generations rely on your decisions.
- Rich Eliseo re pass Leg. Simonson’s Code of Ethics amendment and the leadership should be pleasant. Newly appointed department heads should have the ability to do the job to serve the county best.
- Nick Curtis re low cost carriers being brought into area – read letter from the NFTA re supporting lost cost airfare.
- Neil Reordan, Grand Island re supporting low cost air carriers – deals with overseas businesses. Include businesses and profitability to get Kiwi here to Niagara Falls and Buffalo.
- Robert Shlaer, OGSI, located at Bell Complex re at a disadvantage with high cost of getting their customers to their Niagara Falls facility.
- Diana Hayes, Fisher Travel re Niagara Falls is strategically located to develop trade – corporate and tourist.
- Rich Ellwood, Custom Trade Pack Reliability re corporate office is in Orlando. Would be good to have flight from Niagara Falls to Orlando. A first-class business community needs a local airport to run a first-class business.
- Victor Orzchowski, Attorney and Partner in State resins and Plasters in Niagara Falls re affordable, scheduled air carrier is necessary.
- Margie Swan re designated Union Sun and Niagara Gazette as official newspapers – Buffalo News has more press for Niagara County. Joseph Penale should never have been let go. Support of Leg. Simonson’s Code of Ethics amendment. The Legislators don’t listen to the speakers requests.
- David Kinyon, Niagara County Business Alliance re support Leg. Simonson’s Code of Ethics amendment.
- Ralph Napolitano, Niagara Falls Airport re supporting low cost air carrier – encourages Legislature to support.
- Michael Johnson, Lewiston Town Councilman and local businessman re encourages low cost airfare.
- Superintendent Steve Richards, Town of Niagara re expressed thanks to Warren Rathke, Fire Coordinator, Legislature and Vol. Fire Company and Sheriff for recent flooding assistance on January 18, 1998. Presented plaques.
Recess.
Legislator Kimble announced Legislator Tylec as Minority Leader, Legislator O’Connor as 1stDeputy and Legislator Cole as 2ndDeputy.
Motion by Legislator Villani to move up Resolution No. IL-005-98 (L-3).
Carried.(appears in numerical order)
Legislator Virtuoso spoke re in defense of Resolution on Code Enforcement.
Resolutions:
Resolution No. AH-001-98
From: Ad Hoc Jail Committee
Dated: January 20, 1998
CONTRACT 9601/ LIFE SAFETY IMPROVEMENTS PROJECT - EXISTING JAIL
FINAL ACCEPTANCE - ASBESTOS ABATEMENT
WHEREAS, by Resolution No. AH-0045-96, dated August 6, 1996, the Niagara County Legislature authorized the award of contract for the asbestos abatement in the existing Jail to USA Remediation Services, Inc., 9362 Paris Hill Road, Sauquoit, NY, 13456, and
WHEREAS, USA Remediation has completed the work of this contract in accordance with the contract documents, and
WHEREAS, a final adjustment in the amount of $2,500 is due from the Contractor, and
WHEREAS, the Architect/Engineer and the Ad Hoc Jail Committee have recommended acceptance of this contract work, now, therefore, be it
RESOLVED, as recommended by the Ad Hoc Jail Committee, that Change Order No. 1 be approved to the contract of USA Remediation Services, Inc., 9362 Paris Hill Road, Sauquoit, NY, 13456, for a deduction to the contract of $2,500, decreasing the contract amount from $151,440 to $148,940, and be it further
RESOLVED, that the Commissioner of Public Works be and hereby is authorized to approve final payment in the amount of $12,197, and be it further
RESOLVED, that the Chairman of the Legislature be and hereby is authorized to execute the required documents, subject to the approval of the County Attorney.
Ad Hoc Jail Committee
Signed: Virtuoso
Moved by Virtuoso.
Carried.
Resolution No. CT-001-98 was withdrawn
Resolution No. CT-002-98
From: Commerce, Tourism & Agriculture and Finance Committees
Dated: January 20, 1998
APPLICATION FOR PRESERVATION SERVICES FUND GRANT
WHEREAS, grants from the Preservation Services Fund (PSF) of the National Trust for Historic Preservation are available for local governments for preservation projects, and
WHEREAS, it is the intent of the Planning, Development & Tourism Department to produce a full-color interpretive brochure of the Niagara County Courthouse Complex in the approximate quantity of 1,500 brochures, and
WHEREAS, said grant in the amount of $3,000 would require 50% local matching funds, not exceeding $1,500 in County funds, and
WHEREAS, the Planning, Development & Tourism Department will prepare and submit the application prior to the deadline date of February 1, 1998, now, therefore, be it
RESOLVED, that the Planning, Development & Tourism Department be authorized to apply for said grant.
Commerce, Tourism & Agriculture Committee
Signed: Villani
Finance Committee
Signed: Urtel
Moved by Kimble.
Carried.
Resolution No. CT-003-98
From: Commerce, Tourism & Agriculture and Finance Committees
Dated: January 20, 1998
APPLICATION FOR JOHANNA FAVROT FUND GRANT
WHEREAS, grants from the Johanna Favrot Fund for Historic Preservation are available for local governments for preservation projects, and
WHEREAS, it is the intent of the Planning, Development & Tourism Department to obtain three exterior historical markers and two interior National Register Plaques for the Niagara County Courthouse Complex, and
WHEREAS, the Planning, Development & Tourism Department will prepare and submit the application for a $2,000 grant prior to the deadline date of February 1, 1998, now, therefore, be it
RESOLVED, that the Planning, Development & Tourism Department be authorized to apply for said grant.
Commerce, Tourism & Agriculture Committee
Signed: Villani
Finance Committee
Signed: Urtel
Moved by Villani.
Carried.
Resolution No. CT-004-98
From: Commerce, Tourism & Agriculture and Finance Committees
Dated: January 20, 1998
TRAVEL AND TRADE SHOW 1998 ATTENDANCE
WHEREAS, the Planning, Development and Tourism Department will be transporting promotional materials (i.e. large display booths, fish mounts, video equipment, boxes of county maps, fishing brochures, sample tour packages and visitor's guides) to various outdoor/travel trade shows throughout the eastern United States, and
WHEREAS, the county has already made booth space reservations for many of these shows, and
WHEREAS, the submission of travel requests for each and every show would prove to be unrealistic, as many come one after another, and some shows would begin before authorization could be received, now, therefore, be it
RESOLVED, that members of the Planning, Development and Tourism staff be, and hereby are, authorized to attend the attached outdoor/travel trade shows, together with such additional outdoor/travel trade shows as may be approved by the Commerce, Tourism & Agriculture and Finance Committees, and be it further
RESOLVED, that the Planning, Development and Tourism staff be allowed to exceed the County expense limit of $750 per trip as long as they stay within the 1998 budget figures for promotional travel and marketing for the attached shows and additional shows.
Commerce, Tourism & Agriculture Committee
Signed: Villani
Finance Committee
Signed: Urtel
Moved by Villani.
Carried.
Resolution No. CT-005-98
From: Commerce, Tourism & Agriculture and Finance Committees
Dated: January 20, 1998
BLANKET AGREEMENT FOR PLACED ADVERTISING
WHEREAS, the Planning, Development & Tourism Department places advertising touting those scenic and recreational advantages which are unique to Niagara County, and
WHEREAS, these advertisements are placed in a wide variety of travel, consumer and sporting publications, resulting in a number of individual contractual situations, now, therefore, be it
RESOLVED, that the Planning, Development & Tourism Department is hereby authorized to place advertising as noted on the annexed list of publications for the years 1998 and 1999 within the 1998 and 1999 budget authorizations, and be it further
RESOLVED, that the Planning, Development & Tourism Department is hereby authorized to place such other ads and approved by the Commerce, Tourism & Agriculture Committee within the 1998 budget.
Commerce, Tourism & Agriculture Committee
Signed: Villani
Finance Committee
Signed: Urtel
Moved by Villani.
Carried.
Resolution No. CT-006-98
From: Commerce, Tourism & Agriculture and Finance Committees
Dated: January 20, 1998
RESTRUCTURING OF THE PLANNING, DEVELOPMENT AND
TOURISM DEPARTMENT
WHEREAS, the Planning, Development and Tourism Department has determined that the existing titles of positions do not properly reflect the changes in duties and responsibilities within the Department, and
WHEREAS, the Planning, Development and Tourism Department has determined that the management of the Department is better served by abolition of two existing positions, change of title of one existing position, and creation of two positions, now, therefore, be it
RESOLVED, that the title for Director of Planning, Development and Tourism be changed to Commissioner of Planning, Development and Tourism, with no change in salary, effective January 20, 1998, and be it further
RESOLVED, that the position of Deputy Commissioner of Tourism be created and filled with a salary of $40,431.51 ($22.13/hour), Step 4, Grade FR, Group IX, abolishing the position of Director of Tourism, position number 795001, Step 6, Grade FT, at $47,684.70 ($26.10/hour), Step 6, Grade FT, effective January 20, 1998, and be it further
RESOLVED, that the position of Deputy Commissioner of Business Development be created and filled with a salary of $37,910.25 ($20.75/hour), Step 5, Grade FN, Group VII, effective January 20, 1998, and be it further
RESOLVED, that the position of Stenographer, number 068001, Job Group IV, Step 5, at $22,764.45, be abolished, with said salary being used to partially fund the position of Deputy Commissioner of Business Development, effective January 20, 1998, and be it further
RESOLVED, that the following line item transfers be effectuated to fund the above:
FROM:
A8020.71010.068001 Stenographer $19,381
A6410.71010.795001 Director of Tourism 4,878
A6410.74050 Promotion of Tourism 18,633
TO:
A8020.71010. Deputy Commissioner of $36,022
Business Development
A8020.78200 FICA 1,274
A8020.78400 Hospital/Medical Insurance 5,596
Moved by Kimble to table.
Ayes: Cole, Erck, Kimble, Mocniak, O’Connor, Seger, Tylec, Virtuoso - 8.
Noes: Burmaster, DeFlippo, Farnham, Granieri, Kroening, Meal, Needler, Simonson, Urtel, Villani, Ward - 11.
The tabling motion failed.
On the resolution:
Ayes: Burmaster, DeFlippo, Farnham, Granieri, Kroening, Meal, Needler, Simonson, Urtel, Villani, Ward - 11.
Noes: Cole, Erck, Kimble, Mocniak, O'Connor, Seger, Tylec, Virtuoso - 8.
Carried.
Resolution No. FN-001-98
From: Finance Committee
Dated: January 20, 1998
A RESOLUTION APPROVING AN INCREASE AND IMPROVEMENT
OF THE FACILITIES OF NIAGARA COUNTY SEWER DISTRICT NO. 1
AFTER RECEIVING CERTIFICATE OF THE STATE COMPTROLLER
CONSENTING TO PROPOSED INCREASE AND IMPROVEMENT OF FACILITIES
WHEREAS, by proceedings heretofore duly had and taken pursuant to Article 5-A of the County Law, the Legislature of the County of Niagara, New York has established a Niagara County Sewer District designed and known as the Niagara County Sewer District No. 1, and
WHEREAS, the Administrative Board of said Sewer District has duly caused reports, together with estimates of cost, to be prepared and filed with the Legislature pursuant to Section 268 of the County Law in relation to a proposed increase and improvement of the facilities of the Sewer District No. 1, and
WHEREAS, said proposed increase and improvement of facilities of said District have a maximum cost of $4,960,000 and consist of:
(a) Aeration System Upgrade -install new diffused ceramic head type aeration system with centrifugal blowers to provide maximum treatment flexibility and eliminate solids problem - including installation of three (3) new blowers, automatic DO system, new foam control process, electrical work and controls, Tunnel A valve upgrade, extension of blower room/tunnel, and demolition of existing mechanical aerators.
(b) Polishing Filter Modification -replacement of existing media with coarse monomedia to increase filter capacity and reliability of damaged underdrain if encountered during media removal and replacement.
(c) Process Mechanical/Piping Renovations and Maintenance -replace entire secondary clarifier weir/scum system, with new system geometrically compatible with existing tankage, recoat various process pipes in tunnels and tunnel walls, and insulate as necessary.
(d) Outfall Breakage -replace existing badly deteriorated concrete breakwall with new concrete breakwall in kind in same location.
(e) Pump Station Improvements -install new impellers, VFD's, and controls on pumps or add additional pump to bring Townline Station up to necessary hydraulic capacity, replace man-door, and do maintenance recoating of surfaces - build small control building over existing buried pump station and install new controls, and do maintenance painting of existing structures at Mapleton station, and
WHEREAS, said County Legislature duly adopted a resolution on October 21, 1997, calling for a public hearing on the aforesaid increase and improvement of facilities in accordance with the provisions of Section 268 of the County Law, said public hearing to be held at the Courthouse in Lockport, New York in said County on the 5th day of November, 1997 at 7:30 o'clock p.m. prevailing time, and
WHEREAS, after the public hearing the said County Legislature duly adopted a resolution on November 18, 1997, finding the proposed project to be in the public interest, authorizing the proposed increase and improvements subject to the consent of the State Comptroller and authorizing the filing of an application for such consent, and
WHEREAS, by an order dated December 22, 1997, the State Comptroller granted the application for the consent of the State Comptroller, at a maximum cost of $4,960,000.00, including any applicable State aid, and
WHEREAS, the said order of the State Comptroller was received and duly filed with the Clerk of the Legislature, now, therefore, be it
RESOLVED, by the Legislature of the County of Niagara, New York, as follows:
Section 1. The proposed increase and improvement of the facilities of Niagara County Sewer District No. 1 in the County of Niagara, New York, as more fully described in the map, plan, and report, including estimate of cost, at a maximum cost of $4,960,000.00 including any applicable State aid, is hereby authorized.
Section 2. The Administrative Board of the Niagara County Sewer District No. 1 is hereby authorized and directed to proceed with such increase and improvement of facilities of the said Sewer District in the manner provided by Section 262 of the County Law for the execution of the work.
Section 3. The Clerk of the County Legislature shall, within ten (10) days, cause a certified copy of such resolution to be recorded in the Office of the Clerk of the County of Niagara, and when so recorded, such resolution shall be presumptive evidence of the regularity of the proceedings for authorization of the increase and improvements of the facilities of said Niagara County Sewer District No. 1 as more fully described herein and of all other actions taken by the County Legislature in relation thereto.
Section 4. This resolution shall take effect immediately.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-002-98
From: Finance Committee
Dated: January 20, 1998
OUTSIDE AGENCY DISBURSEMENTS
WHEREAS, contained within the 1998 County Budget is Account A7565, Outside Agencies, totaling $1,541,488, and
WHEREAS, the Finance Committee, after due deliberation, has determined that a fair and equitable distribution of said funds would be as follows:
Mercy Flight $ 50,000
Niagara Falls Little Theatre 2,040
Niagara Council/Arts 13,589
Pine Avenue Business Association 2,550
Lewiston Council/Arts 3,825
Niagara Falls Community Faire 3,825
Niagara County Soil & Water Conserve 74,265
Niagara Community Center 26,180
Council on Aging 44,636
Tonawanda Council on Arts 3,565
Wheatfield Community Band 850
Stephen Sikora Post Band 850
Lockport Federation of Musicians 1,338
Niagara Civic Ballet 5,000
NIACAP 75,000
Nioga Library System 582,098
Historical Society 30,000
Cooperative Extension 473,355
Family & Childrens' Services 8,000
W.C. Boy Scouts 600
Niagara Hospice 24,460
Festival of Lights 40,000
North Tonawanda Canal Fest 3,825
North Tonawanda Fire Department 20,000
Aquarium of Niagara 16,986
Carousel Society 15,530
Music School of Niagara 3,567
Old Fort Niagara 10,625
Niagara Falls Radio Reading Service 3,231
Kenan Center 1,698
TOTAL $1,541,488
now, therefore, be it
RESOLVED, that, upon execution of suitable agreements by each of the aforesaid organizations with the County of Niagara, there be distributed to each of them the sum above set forth opposite each of their respective names for the year 1998, and be it further
RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute said agreements, subject to the approval of the County Attorney.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-003-98
From: Finance Committee
Dated: January 20, 1998
APPROVAL OF AGREEMENT WITH CORROSION CONTROL
FLUORIDE BULK STORAGE FACILITY UPGRADE - WATER DISTRICT
WHEREAS, on September 18, 1997 the Administrative Board of the Niagara County Water District approved the attached agreement with Corrosion Control Systems, Inc., for Contract No. 97-4, Fluoride Bulk Storage Facility Upgrade project, now, therefore, be it
RESOLVED, that the Niagara County Legislature does hereby ratify and confirm said Agreement, subject to the approval of the County Attorney.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-004-98
From: Finance Committee
Dated: January 20, 1998
APPROVAL OF AGREEMENT WITH WENDEL
BID DOCUMENT PREPARATION - WATER DISTRICT
WHEREAS, on December 18, 1997 the Administrative Board of the Niagara County Water District approved the attached agreement with Wendel Engineers, P.C. for professional services to prepare bid documents for a remote meter reading equipment project, now, therefore, be it
RESOLVED, that the Niagara County Legislature does hereby ratify and confirm said Agreement, subject to the approval of the County Attorney.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-005-98
From: Finance Committee
Dated: January 20, 1998
APPROVAL OF AGREEMENT WITH WENDEL
BOILER PLATE PROJECT - WATER DISTRICT
WHEREAS, on December 18, 1997 the Administrative Board of the Niagara County Water District approved the attached agreement with Wendel Engineers, P.C. for professional services for the pump rehabilitation boiler plate project, now, therefore, be it
RESOLVED, that the Niagara County Legislature does hereby ratify and confirm said Agreement, subject to the approval of the County Attorney.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-006-98
From: Finance Committee
Dated: January 20, 1998
APPROVAL OF AGREEMENT WITH WENDEL
GENERAL RETAINER AGREEMENT - WATER DISTRICT
WHEREAS, on January 15, 1998 the Administrative Board of the Niagara County Water District approved the attached agreement with Wendel Engineers, P.C. for professional engineering services for 1998 and 1999, now, therefore, be it
RESOLVED, that the Niagara County Legislature does hereby ratify and confirm said Agreement, subject to the approval of the County Attorney.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-007-98
From: Finance Committee
Dated: January 20, 1998
SERVICE AGREEMENT WITH HARCO WATERWORKS
NIAGARA COUNTY WATER DISTRICT
WHEREAS, on January 15, 1998 the Administrative Board of the Niagara County Water District approved the attached agreement with Harco Waterworks, CP for an annual service agreement for the cathodic protection system on the District's 1.17 MMG reservoir, now, therefore, be it
RESOLVED, that the Niagara County Legislature does hereby ratify and confirm said Agreement, subject to the approval of the County Attorney.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-008-98
From: Finance Committee
Dated: January 20, 1998
AGREEMENT WITH FLO-KLEEN PIPE SERVICES
NIAGARA COUNTY WATER DISTRICT
WHEREAS, on January 15, 1998 the Administrative Board of the Niagara County Water District approved the attached agreement with Flo-Kleen Pipe Services for consulting services for the District's water line cleaning project, now, therefore, be it
RESOLVED, that the Niagara County Legislature does hereby ratify and confirm said Agreement, subject to the approval of the County Attorney.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-009-98
From: Finance Committee
Dated: January 20, 1998
REFUNDING OF DOG LICENSING MONIES
WHEREAS, attached hereto 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-010-98
From: Finance Committee
Dated: January 20, 1998
CLARIFICATION OF LIMITING EXPENDITURES IN 1998 BUDGET
WHEREAS, Resolution No. Il-062-97 dated 12/16/97 called for an immediate freeze on the spending of all .2 equipment budget entries and the limiting of .4 contractual expenses to a restricted limit of 25 percent of the 1997 modified budget amount, or 25 percent of the 1998 adopted budget amount, whichever is the lesser figure, and
WHEREAS, the Niagara County Legislature has called for this restriction on spending through February 1998 to allow enough time to fully assess the impact and financial standing of the 1997 year end audited figures, and
WHEREAS, in certain instances, the County departments may enter into emergency or costly situations by restricting individual line items within budget cost centers, now, therefore, be it
RESOLVED, that the .4 contractual expense spending restriction pertain to the total .4 contractual amount within a cost center, thereby allowing individual line items to exceed the 25 percent restriction, and be it further
RESOLVED, that any emergency .2 equipment items be allowed for purchase with the authorization of the Chairman of the Finance Committee.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. FN-011-98
From: Finance Committee
Dated: January 20, 1998
REAUTHORIZE THE FINANCIAL MANAGEMENT GROUP
WHEREAS, a Niagara County Financial Management Group and fiscal action plan has been established by resolution (FN-0020-96) of the Niagara County Legislature, and
WHEREAS, the Financial Management Group has established this action plan to proceed with a review of County fiscal operations, with the purpose of maintaining a stable tax levy while maximizing the current level of County services, now, therefore, be it
RESOLVED, that the Niagara County Legislature hereby confirms and ratifies the continuation of the Financial Management Group, to be composed of the Director of Real Property Tax Services, Director of Data Processing, Director of Office of Management and Budget, Budget Clerk, Director of Human Resources, Principal Account Clerk-Health Department, County Auditor, Administrative Assistant-Sheriff's Department, Accounting Supervisor-Social Services, and Chief Accountant-Treasurer's Office, together with such additional department heads and employees that the Legislature deems appropriate for appointment.
Finance Committee
Signed: Urtel
Moved by Urtel.
Carried.
Resolution No. HR-001-98 was withdrawn.
Resolution No. HR-002-98
From: Human Resources and Finance Committees
Dated: January 20, 1998
DISABILITY INSURANCE RENEWAL
WHEREAS, the County of Niagara and the Civil Service Employees Association agreed to offer a disability plan to employees, and
WHEREAS, the disability insurance has been provided by Wausau Insurance Companies, and
WHEREAS, continuation of that disability insurance policy is desired by both parties, now, therefore, be it
RESOLVED, that the County of Niagara contract with the Wausau Insurance Companies for renewal of the short-term disability insurance coverage at the monthly renewal rate of $10.96 per eligible employee, and be it further
RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute said contract, subject to the approval of the County Attorney.
Human Resources Committee
Signed: DeFlippo
Finance Committee
Signed: Urtel
Moved by DeFlippo.
Burmaster abstained.
Carried.
Resolution No. HR-003-98
From: Human Resources and Finance Committees
Dated: January 20, 1998
NIAGARA COUNTY PROPERTY AND CASUALTY
ANNUAL CLAIMS ADMINISTRATION CONTRACT
WHEREAS, during 1997 and under the terms of a contract expiring 12/31/97, Naples Claims Management, Inc. (NCM) had been providing claims administration services to the County of Niagara for an annual fee of $61,500 (breakdown attached), and
WHEREAS, it is recommended by the Risk Management Department that said annual contract be placed, for the period January 1, 1998 through December 31, 1998, under the same terms and conditions with NCM, at the same annual fee of $61,500, now, therefore, be it
RESOLVED, that the Chairman of the Legislature be, and hereby is, authorized to execute said contract on behalf of the County, subject to the approval of the County Attorney.
Human Resources Committee
Signed: DeFlippo
Finance Committee
Signed: Urtel
Moved by DeFlippo.
Burmaster abstained.
Carried.
Resolution No. HR-004-98
From: Human Resources and Finance Committees
Dated: January 20, 1998
CLAIM SETTLEMENT - NIAGARA COUNTY COMMUNITY COLLEGE
PROPERTY DAMAGE
WHEREAS, the County of Niagara self-insures its property and casualty coverage, and
WHEREAS, such loss fund is fully funded and separate from the General Fund, and
WHEREAS, the Niagara County Legislature is authorized under Section 6-N of the General Municipal Law to approve claim settlements in excess of $25,000, and
WHEREAS, Niagara County Community College incurred a loss of $54,222.68 for water damage to the Fine Arts Building; specifically, the stage area, now, therefore, be it
RESOLVED, that the authority to disburse the amount of $54,222.68 for the Niagara County Community College property damage is given to the Risk and Insurance Manager, as evidenced by the Sworn Statement in Proof of Loss.
Human Resources Committee
Signed: DeFlippo
Finance Committee
Signed: Urtel
Moved by DeFlippo.
Carried.
Resolution No. HR-005-98
From: Human Resources Committee
Dated: January 20, 1998
AMENDMENT TO MEDICAL INSURANCE COVERAGE POLICY
WHEREAS, pursuant to Resolution No. 257-86 (as amended), adopted August 19, 1986, the County of Niagara has an existing policy for providing lifetime medical insurance benefits for elected and appointed officials, and
WHEREAS, the Human Resources Committee desires to extend the breach in service time in the existing policy so as to be consistent with such provisions as found in the New York State Retirement System, and
WHEREAS, the Human Resources Committee recognizes that County employees have selected various health care providers other than Blue Cross/Blue Shield, and
WHEREAS, the Human Resources Committee offers the following policy for adoption by the Niagara County Legislature:
MEDICAL INSURANCE POLICY STATEMENT ELECTED OFFICIALS
Persons who have held elective office in Niagara County government shall be entitled to lifetime health insurance benefits comparable to the benefits which they were receiving on their last date of County service, pursuant to the schedule set forth below:
10 years of completed service - 50% of premium paid by County
15 years of completed service - 75% of premium paid by County
20 years of completed service - 100% of premium paid by County
Eligibility for benefits shall occur immediately upon separation from service for any reason whatsoever. In the event that persons having less than 20 years of completed service upon separation of service are subsequently re-elected or hired by the County within seven (7) years after a break in service, such additional period or periods of service shall be added to the original period of service for calculation of total years of completed service.
APPOINTED OFFICIALS
Persons who have held appointed office in Niagara County government shall be entitled to lifetime health insurance benefits comparable to the benefits which they were receiving on their last date of County service, pursuant to the schedule set forth below:
10 years of completed service - 50% of premium paid by County
15 years of completed service - 75% of premium paid by County
20 years of completed service - 100% of premium paid by County
Eligibility for benefits shall occur immediately upon separation from service, provided that the following criteria are met:
1. The official reaches the minimum retirement age as determined by the New York State Retirement System; or
2. The official is not re-appointed or is terminated due to change in control of the Legislature by designation of a new majority party.
In the event that persons having less than 20 years of completed service upon separation of service are subsequently elected or re-hired by the County within seven (7) years after a break in service, such additional period or periods of service shall be added to the original period of service for calculation of total years of completed service.
Persons who have otherwise qualified for lifetime insurance benefits and who are subsequently elected or re-hired by the County shall not forfeit their entitlement to such benefits if their subsequent employment is terminated for reasons other than as set forth in the above criteria.
This policy shall not contravene or supersede rights and benefits provided for pursuant to the New York State Retirement System.
Now, therefore, be it
RESOLVED, that the above stated policy be, and hereby is, the official policy of the County of Niagara, New York, effective immediately.
Human Resources Committee
Signed: DeFlippo
Moved by DeFlippo.
Carried.
Resolution No. HR-006-98
From: Human Resources Committee and Leg. Bradley Erck
Dated: January 20, 1998
MANDATORY DRUG TESTING FOR PROSPECTIVE EMPLOYEES
WHEREAS, it is imperative that the County of Niagara maintain an effective and efficient work force, and
WHEREAS, a pre-screening of potential employees for drug use could be useful to ensure that prospective employees meet these high standards, and
WHEREAS, Niagara County has in place drug testing for all positions requiring a commercial driver's license, and
WHEREAS, the Niagara County Legislature desires that all prospective employees would meet the high standards required by the commercial driver's license (CDL) drug testing policy, now, therefore, be it
RESOLVED, that each new employee, as a condition of permanent employment prior to hiring, be required to take and obtain a negative drug screen, and be it further
RESOLVED, that the County of Niagara shall contract with an appropriate agency to provide drug testing in accordance with the guidelines provided in the County's drug and alcohol testing for CDL drivers policy for all prospective employees, and be it further
RESOLVED, that the Chairman of the Legislature is authorized to execute the agreement, subject to the approval of the County Attorney.
Human Resources Committee
Signed: DeFlippo
Signed: Erck
Moved by DeFlippo.
Moved by Kimble to add Legislator Erck's name to the resolution.
Carried.
On the resolution as amended.
Carried.
Resolution No. HS-002-98
From: Health Services, Human Resources and Finance Committees
Dated: January 20, 1998
ABOLISH, CREATE AND FILL POSITION IN HEALTH DEPARTMENT
EARLY INTERVENTION PROGRAM DIVISION
WHEREAS, Resolution #HS-098-97 was approved by the Health Services Committee on November 13, 1997 and by the Human Resources Committee on December 8, 1997, and
WHEREAS, funding for the created position was not included in the 1998 budget and this is a modification of the original resolution, and
WHEREAS, the responsibilities and duties of the Account-Clerk Typist position in the Early Intervention Program (EIP) division do not accurately meet the needs of this division, and
WHEREAS, the Account-Clerk Typist position is currently open, and
WHEREAS, the Senior Typist position more accurately meets the needs of the Early Intervention Program division, now, therefore, be it
RESOLVED, that the Account-Clerk Typist position, number 051001, be abolished effective January 1, 1998, and be it further
RESOLVED, that the Senior Typist position, number 066001, be created and filled effective January 1, 1998, and be it further
RESOLVED, that the following line item transfer be effectuated:
FROM:
A4059.71030.051001 P/T Misc. - Account-Clerk Typist $10,550.93
TO:
A4059.71030.066001 P/T Misc. - Sr. Typist $10,550.93
Health Services Committee
Signed: Simonson
Human Resources Committee
Signed: DeFlippo
Finance Committee
Signed: Urtel
Moved by DeFlippo.
Carried.
Resolution No. HS-003-98
From: Health Services and Finance Committees
Dated: January 20, 1998
LINE ITEM TRANSFER - LONG TERM HOME HEALTH CARE
HEALTH DEPARTMENT
WHEREAS, the Long Term Home Health Care Program (LTHHCP) of the Niagara County Department of Health provides waivered services to fluctuating numbers of clients, and
WHEREAS, the need for these services has increased from the 1996 levels and has surpassed the level expected when the 1997 budget was prepared, and
WHEREAS, there are funds available in the Personal Care Aides line of the LTHHCP division, now, therefore, be it
RESOLVED, that the following line item transfer be effectuated:
FROM:
A4058.74902 PCA Fees $47,000
TO:
A4058.74091 Waivered Services $47,000
Health Services Committee
Signed: Simonson
Finance Committee
Signed: Urtel
Moved by Simonson.
Carried.
Resolution No. IL-001-98 (IL-053-97)
From: Leg. John Tylec and Administration Committee
Dated: January 20, 1998
ADOPTION OF A LOCAL LAW AMENDING LOCAL LAW #6
FOR THE YEAR 1994
WHEREAS, Legislator John Tylec and the Administration Committee recommend the adoption of the following Local Law:
A Local Law of the County of Niagara, New York for the Year 1997 Amending Local Law #6 for the Year 1994, and
WHEREAS, a public hearing was held on January 20, 1998 at 7:30 p.m. in the Legislative Chambers, Courthouse, Lockport, New York on said Local Law, and
WHEREAS, no one appeared to speak on said Local Law, and
WHEREAS, no amendment(s) was (were) made to said Local Law, now, therefore, be it
RESOLVED, that a Local Law of the County of Niagara, New York for the Year 1997 Amending Local Law #6 for the Year 1994 be enacted by the County Legislature of the County of Niagara, New York as follows:
1. Local Law #6 for the year 1994 be, and the same hereby is, amended so as to delete Section 3 thereof in its entirety and insert therein a new Section 3, to read as follows:
Section 3. Text: A vacancy otherwise than by the expiration of a term in office of County Legislator shall be filled by appointment by the County Legislature of a qualified elector of the Legislative District in which the vacancy occurred with a person affiliated with the same political party as the County Legislator was affiliated with when elected and whose vacancy is being filled upon the recommendation of the majority of the Legislators of the same political affiliation. The person appointed by the County Legislature shall hold office by virtue of such appointment pursuant to Article 13, Section 13 of the Constitution of the State of New York and such other laws as may be applicable.
2. This Local Law shall become effective 45 days after its adoption, during which time said Local Law shall be subject to a referendum on petition
