february 18, 2016 erie county legislature ......meeting no. 4 february 18, 2016 erie county...

MEETING NO. 4

FEBRUARY 18, 2016 ERIE COUNTY LEGISLATURE

160

ERIE COUNTY LEGISLATURE

MEETING NO. 4

FEBRUARY 18, 2016

The Legislature was called to order by Chair Mills.

All members present.

An Invocation was held, led by Mr. Hardwick, who requested a moment of silence.

The Pledge of Allegiance was led by Mr. Rath.

Item 1 – No tabled items.

Item 2 – No items for reconsideration from previous meeting.

Item 3 – MR. LORIGO moved for the approval of the minutes for Meeting Number 3 from

2016. MR. RATH seconded.

CARRIED UNANIMOUSLY.

Item 4 – No public hearings.

MISCELLANEOUS RESOLUTIONS

Item 5 – MS. DIXON presented a resolution Congratulating Chance J. Gunderman on

Attaining the Rank of Eagle Scout.

Item 6 – MS. GRANT & MS. MILLER-WILLIAMS presented a resolution Honoring and

Recognizing Bishop T. Anthony Bronner as the Keynote Speaker for the United Black Men's Think

Tank of Buffalo, Inc. 5th Anniversary Dinner.

Item 7 – MS. GRANT & MS. MILLER-WILLIAMS presented a resolution Honoring and

Recognizing the United Black Men's Think Tank of Buffalo, Inc. on the Occasion of its' 5th

Anniversary Dinner.

Item 8 – MS. GRANT presented a resolution Honoring Myra Robinson-Moses as the Erie

County Legislature's Citizen of the Month for February 2016.

Item 9 – MR. MILLS, MR. LORIGO, MR. LOUGHRAN, MS. DIXON, MR. HARDWICK,

MR. MORTON, MR. RATH, MR. BURKE, MS. GRANT, MS. MILLER-WILLIAMS & MR.

SAVAGE presented a resolution Honoring Long-Time WIVB Meteorologist Don Paul on His

Retirement from News 4 Buffalo.

Item 10 – MR. MILLS, MR. LORIGO, MR. LOUGHRAN, MS. DIXON, MR.

HARDWICK, MR. MORTON, MR. RATH, MR. BURKE, MS. GRANT, MS. MILLER-

WILLIAMS & MR. SAVAGE presented a resolution Honoring Jo-Anne Wylie, Lisa Wylie, Charles

MEETING NO. 4


161

Dan Dunkle and Dorothy Keough for Their Tireless Efforts on Behalf of Honor Flight Buffalo That

Recognizes and Honors Our World War II Veterans.



WILLIAMS & MR. SAVAGE presented a resolution Congratulating the Buffalo Beauts and the

Women's National Hockey League on its Inaugural Year and Making Sports History.



WILLIAMS & MR. SAVAGE presented a resolution Honoring the Life of Donna M. McCartney

Henry.

Item 13 – MR. MORTON presented a resolution Congratulating Carolanne Kerl on her

Retirement from the Lancaster Police Department.

Item 14 – MR. RATH presented a resolution Honoring Matthew Pelkey for Being Named the

Amherst Chamber of Commerce’s 2016 Emerging Business Leader.

Item 15 – MR. RATH presented a resolution Honoring Robert L. Poczik for Being Named

the Clarence Chamber of Commerce’s 2016 Lifetime Achiever of the Year.

Item 16 – MR. RATH presented a resolution Honoring Leslie Zemsky for Receiving the

2016 Woman of Distinction Award from the Amherst Chamber of Commerce.

Item 17 – MR. RATH presented a resolution Honoring 360 PSG Inc. for Receiving the 2016

Technology Award from the Amherst Chamber of Commerce.

Item 18 – MR. RATH presented a resolution Honoring Amherst Youth Hockey for

Receiving the 2016 Community Service Award from the Amherst Chamber of Commerce.

Item 19 – MR. RATH presented a resolution Honoring Buffalo Manufacturing Works for

Receiving the 2016 Innovation Award from the Amherst Chamber of Commerce.

Item 20 – MR. RATH presented a resolution Honoring Clarence Citizens For Veterans for

Being Named the Clarence Chamber of Commerce’s 2016 Organization of the Year.

Item 21 – MR. RATH presented a resolution Honoring Main Mobility for Being Named the

Clarence Chamber of Commerce’s 2016 Business of the Year.

Item 22 – MR. RATH presented a resolution Honoring New Era Cap Co, Inc. for Receiving

the 2016 Commitment to Excellence Award from the Amherst Chamber of Commerce.

Item 23 – MR. RATH presented a resolution Honoring Pegula Sports and Entertainment for

Being Named the Amherst Chamber of Commerce’s 2016 Business of the Year.

Item 24 – MR. RATH presented a resolution Honoring West Herr Automotive Group for

Receiving the 2016 Retail Award from the Amherst Chamber of Commerce.

MEETING NO. 4


162

MR. LORIGO moved for consideration of the above twenty items. MR. RATH seconded.


MR. LORIGO moved to amend the above twenty items to include Et Al sponsorship. MR.

RATH seconded.


MR. LORIGO moved for approval of the above twenty items as amended. MR. RATH

seconded.


LOCAL LAWS

Item 25 – CHAIR MILLS directed that Local Law No. 2 (Print #2) 2015 remain on the table

and in the GOVERNMENT AFFAIRS COMMITTEE.

GRANTED.


and in the PUBLIC SAFETY COMMITTEE.

GRANTED.


and in the ENERGY & ENVIRONMENT COMMITTEE.

GRANTED.


and in the ECONOMIC DEVELOPMENT COMMITTEE.

GRANTED.


and in the GOVERNMENT AFFAIRS COMMITTEE.

GRANTED.

COMMITTEE REPORTS

Item 30 – MS. DIXON presented the following report and moved for immediate

consideration and approval. MR. LORIGO seconded.

MEETING NO. 4


163


RESOLUTION NO. 22

February 11, 2016 HEALTH & HUMAN SERVICES COMMITTEE

REPORT NO. 2

ALL MEMBERS PRESENT, EXCEPT LEGISLTOR MORTON.

1. RESOLVED, the following item is hereby received and filed:

a. COMM. 2D-7 (2016)

CLERK OF THE LEGISLATURE: “Documents Received Regarding Opioid

Informational Meeting”

(4-0)

2. COMM. 3E-1 (2016)

COUNTY EXECUTIVE

WHEREAS, the Erie County Department of Mental Health is responsible for the delivery of

a comprehensive range of mental health and chemical dependency services for the residents of Erie

County; and

WHEREAS, the Erie County Department of Mental Health has been awarded an additional

$285,000 by the New York State Office of Mental Health (NYSOMH) as part of a grant to offer

peer-to-peer mentoring services to veterans and their family members; and

WHEREAS, the New York State Office of Mental Health has identified Veterans One-Stop

Center of Western New York, Inc. as the recipient of this award to continue development of a peer-

to-peer mentoring program for post 9/11 veterans in Erie County experiencing Post Traumatic Stress

Disorder (PTSD) and Traumatic Brain Injury (TBI); and

WHEREAS, the Department of Mental Health requires legislative approval to accept the

State funds and to establish a grant budget in Fund 281; and

WHEREAS, no County funds will be necessary for Erie County to accept this state aid to

serve individuals residing in Erie County.

NOW, THEREFORE, BE IT

RESOLVED, that the Erie County Legislature does hereby authorize the County Executive

to accept New York State grant funds for the continuation of a peer-to-peer veterans counseling

program, and enter into contract with the Veterans One Stop Center of Western New York, Inc., and

authorizes the Division of Budget and Management to establish a grant as follows:

Erie County Department of Mental Health

Grant Fund 281, Fund Center 12410

January 1, 2016-June 30, 2017

MEETING NO. 4


164

124PEERTOPEER1617

Revenue Increase

Account 409000 - State Aid Revenue $285,000

Appropriation Increase

Account 516010 – Contract Payments – Nonprofit Purch Serv $285,000

Total Appropriation $285,000

and be it further

RESOLVED that to the extent this subcontract may constitute a professional, technical or

other consultant service, the County Administrative Code requirement in Section 19.08 for a Request

for Proposal (RFP) is hereby waived, as this Honorable Body has previously approved of the

County’s entering into contract with the Veterans One Stop Center of Western New York, Inc. for

this program in Intro. 14-4 on July 18, 2013; and be it further

RESOLVED, that the Director of Budget and Management is hereby authorized to adjust

items of appropriations and revenues which may be impacted by changes to the grantor award,

provided there are no changes to county share amounts; and be it further

RESOLVED, that certified copies of this resolution be furnished to the Office of the County

Executive, the Department of Mental Health, the Office of the Comptroller, and the Division of

Budget and Management.

(4-0)

3. COMM. 3E-15 (2016)

COUNTY EXECUTIVE

WHEREAS, Executive Order 151- Emergency Declaration Regarding Homelessness During

Inclement Winter Weather; and

WHEREAS, this Executive Order adds significant new responsibilities to the Department of

Social Services when temperatures decline to 32 degrees or below, including extending shelter

hours, allowing individuals who are homeless to remain indoors, instructing homeless service

outreach workers to work with other relevant personnel and working with local police in relation to

the involuntarily transport of at-risk individuals who refuse to go inside and who appear to be at-risk

for cold related injuries to appropriate facilities for assessment; and

WHEREAS, the Department of Social Services anticipates being fully reimbursed by New

York State for activities which bring it in compliance with this Executive Order; and

WHEREAS, City Mission has operated its Code Blue program with City funding when

temperatures are 15 degrees or below at a cost of $1,400 per weather event and can expand its

program to times when temperatures are 32 degrees or below if provided the same level of funding;

and

WHEREAS, the Lt. Col. Matt Urban Human Services Center of W.N.Y. has informed the

Department of Social Services it can provide warming centers in the daytime for homeless

individuals at a cost of $700 per weather event.

MEETING NO. 4


165


RESOLVED, the Erie County Executive is hereby authorized to enter into contract with the

State of New York in order to accept reimbursement for the implementation of programs designed to

comply with Executive Oder 151 for Erie County Code Blue events; and be it further

RESOLVED, the Erie County Executive is hereby authorized to enter into contracts with the

City Mission to house homeless individuals at night when temperatures are between 15 and 32

degrees at a cost of $1,400 per weather event; and be it further

RESOLVED, the Erie County Executive is hereby authorized to enter into contracts with the

Lt. Col. Matt Urban Human Services Center of W.N.Y. to house homeless individuals during the

day when temperatures decline to 32 degrees or below at a cost of $700 per weather event; and be it

further

RESOLVED, that the Director of Budget and Management is hereby authorized to make

budget revisions, appropriate additional unanticipated revenues, and transfer funds necessary to

cover the costs of the aforementioned contracts with the City Mission and the Lt. Col. Matt Urban

Human Services Center of W.N.Y.; and be it further

RESOLVED, the County Administrative Code requirement in Section 19.08 for a Request

for Proposals (RFP) is hereby waived; and be it further

RESOLVED, that certified copies of this resolution be transmitted to the County Executive,

the Division of Budget and Management, the Office of the Comptroller and the Department of

Social Services.

(4-0)

LYNNE M. DIXON

CHAIR

Item 31 – MR. HARDWICK presented the following report and moved for immediate

consideration and approval. MR. MORTON seconded.


RESOLUTION NO. 23

February 11, 2016 GOVERNMENT AFFAIRS COMMITTEE

REPORT NO. 3

ALL MEMBERS PRESENT, EXCEPT LEGISLATOR MORTON.


a. COMM. 3M-9 (2016)

MWBE UTILIZATION ADVISORY BOARD: “Sept. 28, 2015 Meeting Minutes”

MEETING NO. 4


166

(4-0)

KEVIN R. HARDWICK

CHAIR

Item 32 – MR. LORIGO presented the following report and moved for immediate

consideration and approval. MR. HARDWICK seconded.


RESOLUTION NO. 24

February 11, 2016 FINANCE & MANAGEMENT COMMITTEE

REPORT NO. 3

ALL MEMBERS PRESENT.

1. RESOLVED, the following items are hereby received and filed:

a. INTRO. 19-4 (2015)

LOUGHRAN: “A Review of the Facts Surrounding the Issue of Change Closing Time of

Erie County Bars”

(5-0)

b. COMM. 2M-12 (2016)

BUFFALO URBAN LEAGUE: “Response to Comptroller's Contract Compliance Review”

(5-0)

c. COMM. 3E-13 (2016)

COMPTROLLER: “Audit of EC Clerk's Office Registrar Division Regarding the Mortgage

Recording Tax-NFTA for Period Apr-Sept 2015”

(5-0)

d. COMM. 3E-14 (2016)

COMPTROLLER: “Report of Secured Funds Relating to 2015 Revenue Anticipation Note

Issue”

(5-0)

e. COMM. 3M-8 (2016)

EC WATER AUTHORITY: “Unaudited Comparative Financial Statements for Years

Ended Dec. 31, 2015 & 2014”

(5-0)

2. COMM. 1D-9 (2015)

EC REAL PROPERTY TAX SERVICES AS AMENDED

WHEREAS, the Erie County Director of Real Property Tax Services has received

applications for corrected tax billings and / or refunds for taxes previously paid in accordance with

New York State Real Property Tax Law sections 554 and 556; and

MEETING NO. 4


167

WHEREAS, the Director has investigated the validity of such applications (see attached

listing).


RESOLVED, that petitions numbered 216010 through 216029, inclusive be hereby

approved or denied based upon the recommendation of the Director of Real Property Tax Services

and be charged back to the applicable towns and/or cities.

FISCAL YEAR 2014 Petition No. 216,010.00

ASSESSOR Refund $857.00

S-B-L 79.20-10-7 45 Cleveland Dr 143089 CHEEKTOWAGA

Acct. No. 112 $0.00 County

Acct. No. 132 $857.00 Town/SpecialDist/School

Charge To : 143089 CHEEKTOWAGA $857.00

Relevy School $857.00 143003 CHEEK. UNION #3

RPTL550(2): Failed to apply basic STAR exemption

Refund to be issued to Kai D, Lewis



S-B-L 79.20-10-7 45 Cleveland Dr 143089 CHEEKTOWAGA




Relevy School $824.50 143003 CHEEK. UNION #3


Refund to be issued to Kai D, Lewis



S-B-L 114.16-3-11 114 Gregory Ct 143089 CHEEKTOWAGA




Relevy School $647.07 143007 DEPEW UNION-

CHEEK

MEETING NO. 4


168


Refund to be issued to Robert P. Warrington


ASSESSOR Cancel $516.61

S-B-L 113.48-6-5 134 Standard Pkwy 143089

CHEEKTOWAGA




RPTL550(2): Error claculating exemption removal

New tax bill to be issued


ASSESSOR Cancel $1,869.39

S-B-L 101.52-5-5.1 83 Gaulbert St 143089 CHEEKTOWAGA


Acct. No. 132 $1,869.39 Town/SpecialDist/School

Charge To : 143089 CHEEKTOWAGA $1,869.39

RPTL550(2): Incorrect sewer charge.




S-B-L 92.02-1-16.1/B 120 Amherst Villa 143089

CHEEKTOWAGA





Nw tax bill to be issued

MEETING NO. 4


169



S-B-L 103.13-2-4.2 2450 Walden Ave 143089

CHEEKTOWAGA








S-B-L 114.08-7-7 569 Rowlyey Rd 143089 CHEEKTOWAGA








S-B-L 51.11-2-7 1506 Red Jacket Rd 144600 GRAND

ISLAND



5201 Code RP520 $786.77

Charge To : 144600 GRAND ISLAND $0.00

RPTL550(2): Applied RPTL520 charge in error



MEETING NO. 4


170


S-B-L 102.21-7-17.1 107 David Ave 143089 CHEEKTOWAGA




RPTL550(2): Incorrect clean-up charge.



OWNER Cancel $2,189.57

S-B-L 141.43-2-12.1 29 Steelawanna Av 140900

LACKAWANNA



9992 ECSD#6 SAN SEWER $2,189.57

Charge To : 140900 LACKAWANNA $0.00




OWNER Cancel $624.60

S-B-L 142.62-7-44.1 22 Adrian 140900 LACKAWANNA



9992 ECSD#6 SAN SEWER $624.60






S-B-L 322.00-2-40 9080 Middle Rd 143889 CONCORD

MEETING NO. 4


171



38019 CONCORD FIRE PROTECT $164.67

Charge To : 143889 CONCORD $184.32

RPTL550(2): Parcel does not exist

Delete parcel from the tax roll



S-B-L 223.20-3-19 2968 Hillbrook 144000 EDEN



Charge To : 144000 EDEN $70.89

RPTL550(2): Removed vet exemption in error




S-B-L 115.16-2-6.11 VL William St 145289 LANCASTER



52005 POLICE FUND $1.48

52500 ERIE CO SEWER #4 $0.51

Charge To : 145289 LANCASTER $6.22

RPTL550(2): Duplicate entry

Delete parcel from the tax roll



S-B-L 46.00-1-2.21 10979 Keller Rd 145689 NEWSTEAD



Charge To : 145689 NEWSTEAD $39.51

MEETING NO. 4


172

RPTL550(2): Failed to apply vet exemption




S-B-L 55.16-2-32.1/10D 10 Georgian Ln Uni 142289 AMHERST



Charge To : 142289 AMHERST $36.36

RPTL550(2): Failed to apply aged exemption




S-B-L 555.00-12-1 Special Franchise 140900

LACKAWANNA

Acct. No. 112 $3,467.13 County



RPTL550(2): Incorrect assessment



OWNER Cancel $164.17

S-B-L 555.00-12-1.1 Special Franshise 145689 NEWSTEAD



56019 NEWSTEAD FIRE PROTECT $109.45

56020 AKRON FIRE PROTECTION $54.72

Charge To : 145689 NEWSTEAD $0.00

MEETING NO. 4


173





S-B-L 175.05-1-16 710 Quaker Rd 142489 AURORA

Acct. No. 112 $4,713.47 County


24020 AURORA # 1 FIRE PROTECTION $576.41

Charge To : 142489 AURORA $2,706.48


Application Denied

and be it further

RESOLVED, that certified copies of this resolution be forwarded to the Director of Real

Property Tax Services.

Recommendation to the Erie County Legislature Finance & Management Committee in the

matter of the Application for a Correction of Error filed under Real Property Tax Law

Section 554 for Trinity Park Housing Development Corporation.

Property Location: 710 Quaker Rd

Town of Aurora, NY

February 11, 2016

I am recommending the denial of correction of error application filed February 5, 2015 for

the purpose of correcting the 2016 Town and County Tax roll.

The above referenced property was provided an exemption under 581-a, which gives the

owners of residential rental properties, subject to regulatory agreements restricting

occupancy in accordance with an income test, the right to have their properties valued, for

real property taxation purposes, by the “capitalization of income” method.

This program is regulated by the State Division of Housing and Community Renewal

[DHCR]

The subject property was under a 15 year Payment In Lieu of Tax (PILOT) agreement which

expired in 2013, therefore the town assessor moved the parcel into the fully taxable section

of the roll as of March 1, 2014.

MEETING NO. 4


174

DHCR rules state that the property owner must provide the

assessor “with a copy of all applicable regulatory agreements

and, on an annual basis, income documentation prior to the

taxable status date” (emphasis added) (9 NYCRR §2656.3).

The company did provide the documents as required.

The applicable DHCR regulation (9 NYCRR §2656.3) clearly

states that “[t]he property owner(s) shall provide the local

assessing unit with a copy of all applicable regulatory

agreements and, on an annual basis, income documentation prior

to the taxable status date.” If the assessor does not receive

the required regulatory agreement(s) and income documentation on

or before taxable status date, the assessor may reasonably

assume that the rental residential property is not eligible for

§581-a, and value the property as a market rate property. An

owner who is dissatisfied with the tentative assessment placed

on a property would of course have the normal recourse of

administrative review before the municipal board of assessment

review.

Company provided proof that the assessment was reduced, based on the fact that the

company did not file for administrative review before the municipal board of assessment review, the

new assessment stands.

(5-0)

JOSEPH C. LORIGO

CHAIR

Item 33 – MR. MORTON presented the following report and moved for immediate

consideration and approval. MR. HARDWICK seconded.


RESOLUTION NO. 25

February 11, 2016 ENERGY & ENVIRONMENT COMMITTEE

REPORT NO. 3



a. COMM. 3E-10 (2016)

COUNTY EXECUTIVE: “EC Sewer District No. 3 - Engineer Term Contract Agreement -

Work Order: CRA-8”

(4-0)

MEETING NO. 4


175

2. COMM. 3E-8 (2016)

COUNTY EXECUTIVE

WHEREAS, the County of Erie awarded a professional services contract #14-785-EP to

CHA Consultants, Inc. (also known as CHA) for the amount of $108,000.00 for design and

engineering services at Bailey Peninsula Natural Habitat Park for the Buffalo River Area of Concern

(AOC) Remedial Action Plan (RAP) Habitat Restoration through a US EPA Assistance Agreement

#GL00E011050-0; and

WHEREAS, out-of-scope design and engineering services were required from CHA at a cost

of $5,434.00 as a result of an inter-municipal parkland transfer between City of Buffalo and County

of Erie to accommodate the NYS Department of Transportation Bailey Bridge Relocation Project

through Erie County’s Bailey Peninsula Natural Habitat Park; and

WHEREAS, the Department of Environment & Planning (DEP) has funds available under

the existing US EPA Assistance Agreement #GL00E011050-0 under Professional Services to offset

the out-of-scope engineering and design work as a result of shared cost savings with the City of

Buffalo and NYS Department of Transportation construction bidding and construction

implementation activities.


RESOLVED, that the Department of Environment & Planning be authorized to submit and

pay CHA invoices in the amount of $5,434.00 for additional design and engineering services related

to the Bailey Bridge Reconstruction Project and City of Buffalo/Erie County inter-municipal land

transfer from the Department of Environment and Planning’s Professional Services account; and be

it further

RESOLVED, that the County Executive be, and hereby is, authorized to execute an

agreement amendment with CHA Consultants, Inc., 2200 Main Place Tower, Buffalo, New York

14202 for professional services associated with the additional design and engineering of the Bailey

Peninsula Natural Habitat Park AOC habitat restoration in the amount of $5,434.00; and be it further

RESOLVED, that the Clerk of the Legislature send certified copies of this resolution to

Thomas R. Hersey, Jr., Division of Environmental Compliance; the County Executive; the Erie

County Comptroller; the Commissioner of the Department of Environment & Planning; the Erie

County Director of the Division of Budget and Management; and Kristen M. Walder, Assistant

County Attorney.

(4-0)

3. COMM. 3E-9 (2016)

COUNTY EXECUTIVE

WHEREAS, Erie County’s two solid waste management boards have signed separate

Memorandums of Understanding (MOU) with the DEP to provide the necessary administrative,

logistical and technical assistance and services to comply with the approved Solid Waste

Management Plan (SWMP); and

MEETING NO. 4


176

WHEREAS, execution of the MOU’s provides $20,250 in local source funding from each of

the two Solid Waste Management Boards, for a total of $40,500 and was accepted by Erie County in

Comm. 21E-17 passed on November 25, 2014; and

WHEREAS, in 2013 Erie County received a three-year grant from the New York State

Department of Environmental Conservation (NYSDEC) Municipal Waste Reduction and Recycling

Coordination (MWRR) Grant of $290,820 and has received a one-year extension of this grant.


RESOLVED, the total additional funding of $40,500 from Erie County’s Solid Waste Boards

be split evenly between the NYSDEC MWRR program grant, which has been granted a one-year

extension, and the 2016 DEP general fund budget; and be it further

RESOLVED, that the grant budget and project period for the NYSDEC MWRR program in

Fund 281, Business Area 162, SAP will be amended as follows:

Department of Environment and Planning

162WRRCG1215

Grant extension end date – December 31, 2016

Account Description Current Budget Revision Revised Budget

REVENUE

409000 State Aid Revenue ($290,820) $0 ($290,820)

420499 Other Local Source Revenue ($40,500) ($20,250) ($60,750)

TOTAL REVENUE ($331,320) ($20,250) ($351,570)

APPROPRIATIONS

500000 Full Time Salaries $177,870 $0 $177,870

502000 Fringe Benefits $112,950 $0 $112,950

505000 Office Supplies $1,525 $0 $1,525

510000 Local Mileage Reimbursement $550 $0 $550

510100 Out of Area Travel $4,615 $0 $4,615

510200 Training and Education $1,850 $0 $1,850

516020 Professional Services $31,660 $20,250 $51,910

561420 Office Furniture & Fixtures $300 $0 $300

TOTAL APPROPRIATIONS $331,320 $20,250 $351,570

and be it further

RESOLVED, that the 2016 DEP revenues and appropriations in the general fund 110, funds

center 16200 be increased by the remaining $20,250 in funding from Erie County’s Solid Waste

Boards as follows:

Account Description Increase

REVENUE

420499 Other Local Source Revenue ($20,250)

MEETING NO. 4


177

APPROPRIATIONS

516020 Professional Services $20,250

and be it further

RESOLVED, that Director of the Division of Budget and Management is hereby authorized

to implement any budget adjustments as required to comply with State and local funding

requirements; and be it further

RESOLVED, that certified copies of this resolution shall be forwarded to the County

Executive; the Director of the Division of Budget and Management; the County Attorney; the

County Comptroller; the Commissioner of the Department of Environment and Planning; and the

Deputy Commissioner of the Division of Environmental Compliance.

(4-0)

JOSEPH C. LORIGO

VICE-CHAIR

FOR

TED B. MORTON

CHAIR

Item 34 – MR. RATH presented the following report and moved for immediate consideration

and approval. MS. DIXON seconded.


RESOLUTION NO. 26

February 11, 2016 ECONOMIC DEVELOPMENT COMMITTEE

REPORT NO. 3



a. COMM. 25M-9 (2015)

ERIE CANAL HARBOR DEVELOPMENT CORPORATION: “Buffalo Outer Harbor

Access & Activation Civic Project”

(4-0)

EDWARD A. RATH, III

CHAIR

Item 35 – MR. RATH presented the following report and moved for immediate consideration

and approval. MS. GRANT seconded.


MEETING NO. 4


178

RESOLUTION NO. 27

February 11, 2016 PUBLIC SAFETY COMMITTEE

REPORT NO. 3


1. COMM. 3E-16 (2016)

SHERIFF

WHEREAS, the Erie County Sheriff’s Office Civil Enforcement Division function is to

serve, execute and receive monetary civil penalties; and

WHEREAS, the Civil Division conducts numerous cash transactions throughout the week for

civil penalties; and

WHEREAS, there is an increasing number of transactions settled with large denomination

U.S. currency which forces the clerk to provide change utilizing smaller denomination U.S. currency

from the division's petty cash account; and

WHEREAS, the Civil Division is sending a Civil Deputy to a bank to change the larger

denominations into smaller bills for change; and

WHEREAS, an increase to the Civil Enforcement Division's petty cash account can

eliminate trips to a bank to acquire change for larger U.S. Currency bills.


RESOLVED, that the Erie County Legislature does hereby authorize the Erie County

Sheriff's Office Civil Enforcement Division to increase its petty cash account by $100.00 from

$200.00 to $300.00; and be it further

RESOLVED, that certified copies be forwarded to the Division of Budget and Management,

the Office of the Comptroller, and the Office of the Sheriff.

(4-0)

EDWARD A. RATH, III

CHAIR

LEGISLATOR RESOLUTIONS

Item 36 – MR. LORIGO presented the following resolution and moved to amend the item

include Et Al sponsorship. MR. RATH seconded


RESOLUTION NO. 28 RE: Support for Repeal of the Gap

Elimination Adjustment Law

MEETING NO. 4


179

(INTRO. 4-1)

A RESOLUTION TO BE SUBMITTED BY LEGISLATORS

RATH, MILLS, LORIGO, MORTON, DIXON, HARDWICK,

LOUGHRAN, BURKE, GRANT, MILLER-WILLIAMS & SAVAGE

WHEREAS, the Gap Elimination Adjustment (GEA) law was passed in 2010 as an attempt

to address New York State’s multi-billion dollar budget deficit by pushing that deficit onto school

districts; and

WHEREAS, school districts throughout New York State have been forced to pay for the

State’s deficit for several years now; and

WHEREAS, the deficit passed on to NYS Schools has had a detrimental impact on local

education and extracurricular programs; and

WHEREAS, elimination of the GEA would result in $434 million being returned to school

districts in this fiscal year alone; and

WHEREAS, the reason for the initial implementation of the GEA was a budget deficit that

no longer exists today and restoration of that funding should be a priority of our state leaders; and

WHEREAS, this honorable body requests that the NYS Senate and Assembly hold off

passing a budget for 2016 that continues to impose the GEA.


RESOLVED, that this honorable body hereby supports NYS Legislative Bills

(A5365/S2643), and recently passed Senate Bill 6377; and, be it further

RESOLVED, that this honorable body hereby requests that New York State hereby repay the

suburban school districts from past budget shortcomings in an effort to repair the damage done by

the Gap Elimination Adjustment law; and, be it further

RESOLVED, that certified copies of this resolution be sent to the Western New York

Delegation of the New York State Senate and Assemblies, Governor Cuomo’s Office, and any other

party deemed necessary and proper.

MR. LORIGO moved to approve the item as amended. MR. RATH seconded.


Item 37 – CHAIR MILLS directed that the following item be referred to the FINANCE &

MANAGEMENT COMMITTEE.

GRANTED.

MEETING NO. 4


180

INTRO. 4-2 from LEGISLATOR SAVAGE. Require the County Attorney to Approve as to

Legal Form Local Laws Prior to Adoption.

Item 38 – CHAIR MILLS directed that the following item be referred to the HEALTH &

HUMAN SERVICES COMMITTEE.

GRANTED.

INTRO. 4-3 from LEGISLATOR MILLER-WILLIAMS. Supporting NYS Legislation to

Increase Funding for Child Care Subsidies.

COMMUNICATIONS DISCHARGED FROM COMMITTEE

None.

SUSPENSION OF THE RULES

Item 39 – MR. LORIGO moved for a Suspension of the Rules to include an item not on the

agenda.

GRANTED.

COMM. 4E-21 from the COUNTY EXECUTIVE. Re: Study of Broadband Service in Erie

County

Received and referred to the ECONOMIC DEVELOPMENT COMMITTEE.

Item 40 – MR. LORIGO moved for a Suspension of the Rules to include an item not on the

agenda.

GRANTED.

COMM. 4E-22 from the COUNTY EXECUTIVE. Re: Rath Building Security

Received and referred to the FINANCE & MANAGEMENT COMMITTEE.

COMMUNICATIONS FROM ELECTED OFFICIALS

FROM THE COUNTY EXECUTIVE

Item 41 – (COMM. 4E-1) Appointment to Buffalo Niagara Convention and Visitors Bureau,

Inc. Board of Directors

Received, filed and printed.

MEETING NO. 4


181

February 1, 2016

Ms. Bridget Niland

Director of Athletics

Daemen College Athletics

4380 Main Street

Amherst, NY 14226

Dear Ms. Niland:

I am pleased to appoint you to the Buffalo Niagara Convention and Visitors Bureau, Inc.

Board of Directors. Your work with amateur athletics through Daemen College and elsewhere will

assist the organization attract many new and exciting sporting events to our region. I am confident

you will be a great addition to this very important board.

Thank you for your time and feel free to contact me should any questions arise during your

term.

Sincerely yours,

MARK C. POLONCARZ

Mark C. Poloncarz, Esq.

Erie County Executive

Cc: John Mills, Chairman - Erie County Legislature

Patrick Kaler, President/CEO - VBN

Paul Murphy, Facility Director - CVB

Item 42 – (COMM. 4E-2) Appointment & Reappointments to the EC Mental Health

Hygiene Community Services Board


February 15, 2016

Erie County Legislature

92 Franklin Street, 4th

Floor

Buffalo, New York 14202

Re: Appointment and Reappointments to the Erie County Mental Health Hygiene Community

Services Board

Dear Honorable Members:

Pursuant to Article 13 § 1303 of the County's Charter, I hereby (re)appoint the following individuals

to the Erie County Mental Health Hygiene Community Services Board.

Reappointments:

MEETING NO. 4


182

Victoria Brooks, M.D. John Gillick Maya Hu Morabito

Director of CPEP, UPP 67 Highland Avenue 52 Edgebrook Estates #8

Erie County Medical Center Buffalo, NY 14222 Cheektowaga, NY 14227

462 Grider Street

Buffalo, NY 14215 TERM EXPIRES: 12/31/2019 TERM EXPIRES:12/31/2018 TERM EXPIRES: 12/31/2017

Linda Kahn,Ph.D. Karl Shallowhorn Helen Trowbridge Hanes

952 Parkside Avenue 71 Margaret Road Aspire of WNY

Buffalo, NY 14216 Amherst, NY 14226 2495 Main Street, Suite 203

Buffalo, NY 14214 TERM EXPIRES: 12/31/2019 TERM EXPIRES: 12/31/2018 TERM EXPIRES: 12/31/2017

Catherine Wallace Erica Westphal

305 North Street, Apt. 99 572 Auburn Avenue

Buffalo, NY 14201 Buffalo, NY 14222 TERM EXPIRES: 12/31/2019 TERM EXPIRES: 12/31/2017

New Appointments:

Daniel Antonius, Ph.D. Gladys J. Diji Dawn Skowronski

Erie County Medical Center 194 Exeter Road 4306 Victorian Drive

Dept. of Psychiatry Williamsville, NY 14221 Hamburg, NY 14075

462 Grider Street, 11th

Floor

Buffalo, NY 14215 TERM EXPIRES: 12/31/2019 TERM EXPIRES: 12/31/2018 TERM EXPIRES: 12/31/2017

Max Donatelli, Jr. Caitlin Neumann Janice Feigenbaum

3264 Queens Lane 30 Fowler Avenue 8 Argosy Drive

Hamburg, NY 14075 Kenmore, NY 14217 Amherst, NY 14226 TERM EXPIRES: 12/31/2019 TERM EXPIRES: 12/31/2018 TERM EXPIRES: 12/31/2017

Charles D.Syms

University at Buffalo

School of Social Work

685 Baldy Hall

Buffalo, NY 14260 TERM EXPIRES: 12/31/2018

Should you need further information, please contact my Chief of Staff Jennifer Hibit.

Sincerely yours,

MARK C. POLONCARZ

Mark C. Poloncarz, Esq

Erie County Executive

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FROM LEGISLATOR LOUGHRAN

Item 43 – (COMM. 4E-3) Abstention from Vote Regarding Intro. 19-3 (2015)


February 4, 2016

Karen McCarthy, Clerk


92 Franklin Street, 4th Floor

Buffalo, NY 14202

RE: 2/4/16 Abstention on INTRO 19-3 (2015), "Request of State Liquor Authority to Change

Closing Time of Erie County Bars"

Dear Ms. McCarthy:

Pursuant to Rule 2.21 of the Erie County Legislature Rules of Order and Section 5b of Erie County

Local Law No. 10 - 1989, I will be abstaining on the vote concerning the above referenced

resolution to avoid a conflict of interest.

The facts that I am the 37-year owner of an establishment that offers the sale of alcoholic beverages,

and following the advise of counsel, substantiate my abstention on this resolution.

MEETING NO. 4


252

Thank you.

THOMAS A. LOUGHRAN

5th District Legislator

FROM CHAIR MILLS

Item 44 – (COMM. 4E-4) Letter to Clerk of the Legislature Calling a Public Hearing

Regarding Proposed Modifications to Agricultural Districts


February 4, 2016

Karen M. McCarthy, Clerk


92 Franklin Street, 4th

Floor

Buffalo, New York 14202

Dear Ms. McCarthy:

Please be advised that there is a need to call a Public Hearing to consider Agricultural District

modification requests.

Pursuant to New York State Agriculture and Markets Law §303-a, a comment period was held from

December 19, 2015 through January 20, 2016 during which any municipality whose territory

encompasses Districts 2, 4, 8, 9 and 15, and State Agency, or any landowner within or adjacent to

the District, may propose a modification to the District. Additionally, under §303-a(1) of the

Agriculture and Markets Law, the County Legislature is required to review districts eight years after

their creation and every eight years thereafter.

The Erie County Legislature is to hold a PUBLIC HEARING to consider the above mentioned as

well as recommendations of the Erie County Agricultural and Farmland Protection Board at 6:00

p.m. on Monday, February 22, 2016 at the North Collins Public Library, 2095 School St, North

Collins, NY 14111.

Thank You for your attention to this matter.

Sincerely,

JOHN J. MILLS

John J. Mills, Chair



Item 45 – (COMM. 4E-5) EC Sewer District No. 3 - Southtowns Sewage Sludge Incinerator

Emissions Control Upgrade - Change Order No. 1

Received and filed.

MEETING NO. 4


253

Item 46 – (COMM. 4E-6) ECC STEM Building Project - Guaranteed Maximum Price

Contract - Amendment 1.1


Item 47 – (COMM. 4E-7) Rath Building - 2016 - Social Services - Seventh Floor

Renovations Project

Item 48 – (COMM. 4E-8) Penora Street (CR23) Phase III, Village of Depew - Construction

Contract Increase

Item 49 – (COMM. 4E-9) Bridge Vertical Down, Bearings, Railings & Joints Project,

Various Towns - Award & Increase of Project Funding

Item 50 – (COMM. 4E-10) Bethlehem Steel Shoreline Trail - Amendment to Preliminary

Design Agreement

The above four items were received and referred to the ECONOMIC DEVELOPMENT

COMMITTEE.

Item 51 – (COMM. 4E-11) EC Parks System - Retention of a Consultant to Update the

Master Plan

Item 52 – (COMM. 4E-12) EC Sewer District No. 3 - Consulting Firm for Flow Monitoring

- I/I Quantification Report

The above two items were received and referred to the ENERGY & ENVIRONMENT

COMMITTEE.

Item 53 – (COMM. 4E-13) Foreclosure Pursuant to the In Rem Provisions of the EC Tax

Act, In Rem Action No. 164

Item 54 – (COMM. 4E-14) Letter to ECC President Regarding Assistant County Attorney

Position Assigned to ECC and Budget Related Matters

The above two items were received and referred to the FINANCE & MANAGEMENT

COMMITTEE.

FROM THE COUNTY CLERK

Item 55 – (COMM. 4E-15) Reappropriation of 2015 Unanticipated Revenues - Pistol Permit

Division for Gunkeeper Software Licenses

Received and referred to the GOVERNMENT AFFAIRS COMMITTEE.

FROM THE DISTRICT ATTORNEY

MEETING NO. 4


254

Item 56 – (COMM. 4E-16) Letter to Legislator Hardwick Regarding Follow-up to Opioid

Issue and EC Code of Ethics


FROM LEGISLATOR MILLER-WILLIAMS

Item 57 – (COMM. 4E-17) Correspondence Regarding Maintenance of Sherman L. Walker

Community Center, Buffalo



Item 58 – (COMM. 4E-18) Department of Senior Services - Amending Four 2016 Grant

Budgets

Item 59 – (COMM. 4E-19) Department of Senior Services - Establish Alzheimer Disease

Caregiver Support Initiative (ADCSI) Grant

Item 60 – (COMM. 4E-20) Department of Social Services - Division of Family Wellness -

Improving Permanency Outcomes Planning Grant

The above three items were received and referred to the HEALTH & HUMAN SERVICES

COMMITTEE.

COMMUNICATIONS FROM THE DEPARTMENTS

FROM THE CLERK OF THE LEGISLATURE

Item 61 – (COMM. 4D-1) Notice of Public Hearing Regarding Proposed Modifications to

Agricultural Districts

Item 62 – (COMM. 4D-2) NYS DEC Documents Received

The above two items were received and filed.

FROM THE DEPARTMENT OF ENVIRONMENT & PLANNING

Item 63 – (COMM. 4D-3) Initiatives for a Smart Economy - 2015 Q3 & Q4 Biannual

Reports

Received and referred to the ECONOMIC DEVELOPMENT COMMITTEE.

FROM THE COMPTROLLER'S OFFICE

MEETING NO. 4


255

Item 64 – (COMM. 4D-4) Notice of Audit of Central Police Services - E-911 Services for

Period Jan-Dec 2015


FROM THE DEPARTMENT OF HEALTH

Item 65 – (COMM. 4D-5) Initiatives for Stronger Community - 2015 Q3 & Q4 Biannual

Reports

Received and referred to the HEALTH & HUMAN SERVICES COMMITTEE.

COMMUNICATIONS FROM THE PEOPLE AND OTHER AGENCIES

FROM THE BUFFALO & EC PUBLIC LIBRARY

Item 66 – (COMM. 4M-1) Feb. 18, 2016 Board of Trustees Agenda

Received and referred to the COMMUNITY ENRICHMENT COMMITTEE.

FROM THE NFTA

Item 67 – (COMM. 4M-2) Dec. 21, 2015 Board Minutes

Item 68 – (COMM. 4M-3) 17A Report and Capital Expenditure Reports for Third Quarter

for FY Ending March, 2016

The above two items were received and referred to the ECONOMIC DEVELOPMENT

COMMITTEE.

FROM THE BUFFALO URBAN LEAGUE

Item 69 – (COMM. 4M-4) Follow-up Information Regarding Comptroller's Contract Review

- Board of Director's Resolution

Item 70 – (COMM. 4M-5) Follow-up Information Regarding Comptroller's Contract Review

- Whistleblower Policy

The above two items were received and referred to the FINANCE & MANAGEMENT

COMMITTEE.

FROM ASSOCIATED BUILDERS AND CONTRACTORS INC.

Item 71 – (COMM. 4M-6) Letter Regarding Project Labor Agreements


MEETING NO. 4


256

FROM THE BUFFALO NIAGARA FILM COMMISSION

Item 72 – (COMM. 4M-7) 2016 Budget Accountability Submission


FROM THE CORNELL COOPERATIVE EXTENSION



FROM THE EC SOIL & WATER CONSERVATION DISTRICT



FROM VISIT BUFFALO NIAGARA

Item 75 – (COMM. 4M-10) 2015 4th Quarter Report and Financial Statements as of Dec.

31, 2015


ANNOUNCEMENTS

Item 76 – CHAIR MILLS announced a public hearing regarding modification requests and

eight-year district review for Agricultural Districts Nos. 2, 4, 8, 9 and 15 is February 22, 2016, 6:00

p.m. at the North Collins Public Library, 2095 School St, North Collins.

Item 77 – CHAIR MILLS announced a meeting of the Erie County Charter Revision

Commission’s Executive and Departments Committee is February 24, 2016 at 5:30 p.m. in the

legislative caucus room.

Item 78 – CHAIR MILLS announced the committee schedule for February 25, 2016 has been

distributed.

Item 79 – CHAIR MILLS announced a meeting of the Erie County Charter Revision

Commission is March 1, 2016 at 6:00 p.m. in the Legislative Caucus Room.

Item 80 – CHAIR MILLS announced the next regularly scheduled legislative session is

March 3, 2016.

Item 81 – MS. MILLER-WILLIAMS announced a workshop “How to Acess Erie County

Funding for Community Groups” has been scheduled for February 20, 2016, from 10:00 a.m. to 2:00

p.m., at the Buffalo & Erie County Public Library at 1 Layafette Square.

MEETING NO. 4


257

MEMORIAL RESOLUTIONS

Item 82 – Legislator Morton requested that when the Legislature adjourns, it do so in

memory of Norbert R. Adolf and Dudley Williams.

Item 83 – Legislator Rath requested that when the Legislature adjourns, it do so in memory

of Herbert J. Heimerl Jr and Donna M. McCartney Henry.

ADJOURNMENT

Item 84 - At this time, there being no further business to transact, CHAIR MILLS announced

that the Chair would entertain a Motion to Adjourn.

MR. LORIGO moved that the Legislature adjourn until Thursday, March 3, 2016 at 2:00

p.m. Eastern Standard Time. MR. RATH seconded.


CHAIR MILLS declared the Legislature adjourned until Thursday, March 3, 2016 at 2:00

p.m. Eastern Standard Time.

KAREN M. McCARTHY

CLERK OF THE LEGISLATURE