Thursday, March 5, 2020

County tackles storm damage

Supervisors March 5 2020

County tackles storm damage
By PETE KLEIN
LAKE PLEASANT—The Hamilton County Board of Supervisors passed numerous resolutions when it met on March 5, including the follow resolutions.
DAMAGE REPAIR FROM HALLOWEEN STORM 2019
WHEREAS, Resolution No. 335-19 authorized Appropriations of $250,000 for repairs of damage from the Halloween Storm of 2019, and
WHEREAS, the DPW has been continuing emergency repairs from the damage and needs more funding to continue the damage repairs, and
WHEREAS, the DPW needs to have funding available for these resources while state and federal government agencies continue to complete damage assessments for the declared disaster for Hamilton County for the related storm damage, and
WHEREAS, DPW Superintendent recommends the transfer of $250,000 from the County Road Fund balance to fund these ongoing repairs, be it
RESOLVED, that $250,000 be transferred from the Unappropriated County Road Fund Balance in accordance with Section 366 Subdivision 1 of the County Law to Capital Account No. H7.8760.401 Halloween Storm 2019 and that hereby the County Treasurer is authorized to make the said transfer and the Clerk of the Board and County DPW Superintendent be so notified.
SOIL BORINGS AND LAND SURVEYS FOR BRIDGE REPLACEMENTS
WHEREAS, Hamilton County sustained major damage to several bridges from the Halloween Storm of 2019, and
WHEREAS, two of the bridges that were damaged will need to be replaced, and WHEREAS, the engineering of the bridge replacements will require land surveys and soil borings, and
WHEREAS, the DPW Superintendent and Andrew Bell, Engineer have requested proposals from four (4) vendors and only received two (2) price quote estimates from Atlantic Testing Laboratories (ATL) and CME Associates with ATL being the lowest estimate as follows: Soil Boring per engineers soil boring scope requirements - $5,286.50 for each bridge for a total of $10,573, and
WHEREAS, the Superintendent and Andrew Bell, Engineer received a proposal from Van Dusen & Steves Land Surveyors to complete land surveys for both bridges per engineers scope requirements at a cost of $6,000 to $7,000 per bridge, be it
RESOLVED, that the DPW Superintendent is hereby authorized to hire Atlantic Testing Laboratories (ATL) for soil borings and Van Dusen & Steves Land Surveyors for land surveys of Fayle Road Bridge in Morehouse and Haskell Road Bridge in Arietta at the cost estimates mention herein and these costs will be taken out of Account No. H7.8760.401 Halloween Storm 2019 and the County Treasurer, DPW Superintendent and Clerk of the Board be so advised.
REPAIRS TO COUNTY OWNED DUNNING BROOK CULVERT
WHEREAS, R&B Construction has been doing emergency scour repairs to the county owned Dunning Brook culvert on Gilmantown Road in Wells, and
WHEREAS, this culvert sustained major scour damage from the storm on Halloween, and WHEREAS, Resolution No. 335-19 authorizes a capital project for storm damage repairs and the Superintendent recommends making payment for repairs on Dunning Brook culvert to date, be it
RESOLVED, that the County Treasurer is hereby authorized to make payment #4 as follows: $22,568.14 from Account No. H7.8760.401 made payable to: R&B Construction, L.L.C. 1094 Bulls Head Road Amsterdam, NY 12010 and the Highway Superintendent and Clerk of the Board be so notified.
LAND SURVEY FOR BIG BROOK BRIDGE ON COUNTY ROUTE 4
WHEREAS, the Superintendent has applied for Federal funding to replace the Big Brook Bridge located on County Route 4, Big Brook Road, and
WHEREAS, because of the Federal funding process right-of-way (ROW) it is required that adjacent property needs to be owned by Hamilton County, and
WHEREAS, the Superintendent feels that if Hamilton County moves forward and purchases the necessary ROW that would be necessary for bridge reconstruction and re-alignment Hamilton County stands a better chance to receive Federal funding for this bridge replacement, and
WHEREAS, the Superintendent recommends hiring Van Dusen & Steves Land Surveyors to complete a land survey of the property adjacent to this bridge at a cost of $6,000 to $7,000, be it
RESOLVED, that the DPW Superintendent is hereby authorized to hire Van Dusen & Steves Land Surveyors to complete a land survey of Big Brook Bridge on County Route 4 in Indian Lake at the cost estimated mention herein and this cost will be a charge to Account No. D5020.403 Engineering Services and the County Treasurer, DPW Superintendent and Clerk of the Board be so advised.
BROADBAND SERVICE FOR HAMILTON COUNTY FACILITIES
WHEREAS, Resolution No. 240-19 authorized the installation of broadband in the Indian Lake and Lake Pleasant county facilities, and
WHEREAS, Hamilton County executed a contract with Frontier Communications of America, Inc. on August 30, 2019 to provide the broadband services, and
WHEREAS, Fulton County Information Technology department has created a network diagram, scope of work and equipment list for Hamilton County needed to finalize the project, and
WHEREAS, the equipment list supplied by Fulton County includes NYS OGS Contract pricing and Sourcewell pricing through SHI, Inc., and
WHEREAS, the Fulton County Information Technology Department has proposed providing the experienced labor required to install the equipment and networking for all of the departments using Fulton County Information Technology personnel at a rate of $45 per person/per hour plus mileage, be it
RESOLVED, that the Hamilton County DPW be authorized to order the equipment through SHI, Inc. using NYS OGS Contract pricing or Sourcewell at a cost not to exceed $14,000, be it further
RESOLVED, the DPW is authorized to use Fulton County IT Staff to install the equipment and manage the changeover to broadband and be paid the rate of $45.00 per person/per hour plus mileage upon completion and the County Treasurer, Clerk of the Board and Public Works Superintendent be so advised.
COURTHOUSE ENTRANCE REPAIR PROJECT
WHEREAS, Resolution No. 337-19 authorized the courthouse entrance repairs, and
WHEREAS, the west entrance repairs were completed in 2019 and the east entrance repairs will be completed in spring of 2020, and
WHEREAS, Resolution No. 72-20 authorized the funding for the Courthouse Entrance Repair Project - East Entrance with the incorrect project total and incorrect Court Administration reimbursement percentage, and
WHEREAS, the correct ending 2019 balance of Account No. A1620.205 is $38,000 and these funds need to be moved into the current 2020 budget so the work can be completed, and the Office of Court Administration will fund 56% of this work, be it
RESOLVED, that Resolution No. 72-20 be hereby rescinded, and be it further RESOLVED, the County Treasurer is hereby authorized to transfer $16,720 from the
Unappropriated General Fund Balance in accordance with Section 366 Subdivision 1 of the County to Account No. A1620.205 Court Improvements, and be it further
RESOLVED, the County Treasurer is hereby authorized to increase Account No. A1620.205 Court Improvements by $21,280 to be totally offset by increasing Revenue Account No. A3021.0000 Court Facilities by $21,280 and the DPW Superintendent and the Clerk of the Board be so notified.
NTS DATA SERVICES, LLC – BOARD OF ELECTIONS
WHEREAS, Hamilton County entered into an agreement with NTS Data Services, Inc., for the furnishing of software known as Sign-IT and TEAM-2000 and for five (5) years of printing and binding of poll books for the Primary and General Elections which expires on December 31, 2019, and
WHEREAS, Hamilton County entered into an agreement with NTS Data Services Inc., for support and maintenance services related to IMS Interface Messaging System, Virtual Data Base Administration and System Administration which expires December 31, 2019, and
WHEREAS, NTS Data Services, LLC has made a proposal for a new contract for the maintenance and support of TEAM/Suite Voter Registration, IMS Interface Messaging System, Virtual Data Base Administration and System Administration and for the printing of poll books, including the printing and binding of poll books for the Primary and General Elections in the years 2020, 2021, 2022, 2023, and 2024, including the Presidential Primaries in 2020 and 2024, for a total of twelve (12) elections at the contract price of one hundred seven thousand eight hundred dollars ($107,800), and
WHEREAS, the majority of the associated cost is hereby determined to be a professional service, now, therefore, be it
RESOLVED, that the Hamilton County Board of Supervisors does hereby authorize the Chairman of the Board of Supervisors to enter into contract with NTS Data Services, LLC, for said services for the years 2020 through the year 2024, including the Presidential Primaries in 2020 and 2024 at the total contract price of one hundred seven thousand eight hundred dollars ($107,800).
AID TO PROSECUTION GRANT
WHEREAS, Hamilton County has an annual State Aid agreement with NYS Division of Criminal Justice Services, and
WHEREAS, said agreement needs to be renewed, and
WHEREAS, the agreement is proposed for $30,200, the contract period will be for 12 months, be it
RESOLVED, the Chairman of the Board of Supervisors is hereby authorized to sign Aid to Prosecution Grant Project No. AP19-1020-R02 for the period of October 1, 2019 – September 30, 2020 in the amount of $30,200.00 on behalf of the County of Hamilton and the County Treasurer be so advised.
AUDIT ANNUAL CONSOLIDATED FISCAL REPORTS
WHEREAS, Hamilton County Community Services (HCCS) is required annually to file a full Consolidated Fiscal Report (CFR) for the previous state fiscal year by May 1st, and
WHEREAS, a full CFR under Mental Hygiene Regulations requires that it be audited by an independent auditor and a Compliance Review Letter signed by the independent auditor be submitted with each CFR, be it
RESOLVED, that Hamilton County will sign a letter of engagement with the accounting firm Drescher and Malecki, LLP to perform these audits at a cost of between $100 and $200 per hour dependent upon the staff used to perform each audit and provide a Compliance Letter for each CFR, and be it further
RESOLVED, that the cost of this service is not to exceed $5,000 and that it be charged to the department’s Account No. A4310.403 Supplies and Service, and be it
RESOLVED, that the Hamilton County Board of Supervisors hereby authorizes the Chairman to sign the letter of engagement.
CARPET AND FLOORING IN COMMUNITY SERVICES BUILDING
WHEREAS, carpet and tile flooring within the Community Services Building needs to be replaced, and
WHEREAS, the DPW Superintendent requested and received a proposal from Oliver’s Flooring, Inc. for the removal of the old carpet and vinyl flooring and replacing with new carpeting and flooring at a cost of $53,277.21, and
WHEREAS, Oliver’s Flooring, Inc. are under New York State Contract #PC68597 and the DPW Superintendent and the Community Services Director recommend that we move forward with the said carpet/flooring replacement, be it
RESOLVED, that the DPW Superintendent is hereby authorized to hire Oliver’s Flooring, Inc. of Northville to complete the said carpet/flooring replacement in the Community Services Building at a cost of $53,277.21 under NYS Contract #PC68597, be it further
RESOLVED, the Board of Supervisors hereby authorize a transfer of $53,277.21 from Federal Salary Sharing currently in the unappropriated general fund balance be transferred from the Unappropriated General Fund Balance in accordance with Section 366 Subdivision 1 of the County Law to Account No. A4310.403 Supplies and Services to cover the said cost and the County Treasurer be so authorized and the Community Service Director, Clerk of the Board and the DPW Superintendent be so advised.
BRANT LAKE COLLISION
WHEREAS, DPW Pickup #88 needed some body repair, and
WHEREAS, the Fleet Coordinator took the vehicle to Brant Lake Collision for repairs, and
WHEREAS, the Fleet Coordinator recommends the payment of the said repairs of vehicle #88, be it
RESOLVED, that the County Treasurer is hereby authorized to make a check payable to: Brant Lake Collision, Inc. 11 Town Landfill Road Brant Lake, NY 12815 in the amount of $2,238.53 and the funds be taken out of Account No. DM5130.404 Repairs and the Fleet Coordinator and Clerk of the Board be so notified.
IMPOSING REQUIREMENT FOR WRITTEN NOTICE
BE IT RESOLVED, that proposed Local Law No. 7 of the year 2020 entitled respectively, “A Local Law Repealing Local Law No. 1 Of 1982 And Imposing Requirement For Written Notice Precedent To Commencement Of Litigation Against The County Of Hamilton Arising From Defective Condition Of County Highway, Bridge Or Culvert” be and the same is hereby introduced to the Board of Supervisors, and be it further
RESOLVED, that the copies of the aforesaid proposed Local Law be laid upon the desks of each member of the Hamilton County Board of Supervisors, and be it further
RESOLVED, that the Hamilton County Board of Supervisors shall hold a public hearing on said proposed Local Law at the County Office Complex, Route 8, Lake Pleasant, New York, on the 2nd day of April, 2020, at 11:00 a.m., and be it further
RESOLVED, that the Chairman of the County Board of Supervisors publish or cause to be published a public notice in the official newspaper of the County of said public hearing at least five (5) days prior thereto.
PROPOSED LOCAL LAW NO. 7 OF 2020
State of New York County of Hamilton
A LOCAL LAW REPEALING LOCAL LAW NO. 1 OF 1982 AND IMPOSING REQUIREMENT FOR WRITTEN NOTICE PRECEDENT TO COMMENCEMENT OF LITIGATION AGAINST THE COUNTY OF HAMILTON ARISING FROM DEFECTIVE CONDITION OF COUNTY HIGHWAY, BRIDGE OR CULVERT
WHEREAS, New York Municipal Insurance Reciprocal (NYMIR), an insurer comprised of some 900 NYS municipal members including the County of Hamilton, has by correspondence dated January 29, 2020, recommended that the County of Hamilton update requirements for litigation against the County arising from the defective or dangerous condition of any County highway, bridge or culvert, and
WHEREAS, the foregoing recommendation is premised upon the potential for exposure, prior claim experience, and claim trends impacting NYMIR municipal clients, and
WHEREAS, the Hamilton County Attorney has recommended that Local Law No. 1 of 1982 be repealed and that updated provisions be adopted so as to impose a requirement for written notice precedent to commencement of litigation against the County of Hamilton arising from the defective, unsafe or dangerous condition of a County highway, bridge or culvert, and
WHEREAS, the Hamilton County Board of Supervisors desires to repeal Local Law No. 1 of 1982, and to adopt updated provisions imposing a requirement for written notice precedent to commencement of litigation against the County of Hamilton arising from a defective, unsafe or dangerous condition of a County highway, bridge or culvert, now, therefore,
BE IT ENACTED, by the Board of Supervisors of the County of Hamilton that Local Law No. 1 of 1982 is hereby repealed and rescinded, and in place and instead of said provisions, the said Board of Supervisors enacts as follows:
Section 1: No civil action shall be maintained against the County of Hamilton, the Hamilton County Superintendent of Public Works or any employee of the County of Hamilton for damages or injuries to person or property sustained by reason of any highway, bridge, culvert or other property owned by the County of Hamilton, being defective, out of repair, unsafe, dangerous, or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge, culvert or any other property owned by the County of Hamilton, was actually given to the Clerk of the Hamilton County Board of Supervisors or to the Hamilton County Superintendent of Public Works, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of; but no action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any town, state, or county highway, bridge, culvert or any other property owned by the County of Hamilton unless written notice thereof, specifying the particular place, was actually given to the Clerk of the Hamilton County Board of Supervisors or to the Hamilton County Superintendent of Public Works and there was a failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
Section 2: No civil action shall be maintained against the County of Hamilton and/or the Hamilton County Superintendent of Public Works for damages or injuries to person or property sustained by reason of any defect in the sidewalks or the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the County of Hamilton and/or the Hamilton County Superintendent of Public Works pursuant to law, nor shall any action be maintained for damages or injury to person or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Clerk of the Hamilton County Board of Supervisors or to the Hamilton County Superintendent of Public Works and there was a failure or neglect to cause such defect to be remedied, such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
Section 3: The Hamilton County Superintendent of Public Works shall transmit in writing to the Clerk of the Hamilton County Board of Supervisors within ten (10) days after the receipt of any written notices received by said Superintendent pursuant to this local law, and the Clerk of the Hamilton County Board of Supervisors shall keep an indexed record, in a separate book, of all written notices which said Clerk shall receive of the existence of such defective, unsafe, dangerous or obstructed condition, or of such snow or ice, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist, and the name and address of the person from whom the notice is received. The Clerk of the Hamilton County Board of Supervisors shall preserve the record of each notice for a period of at least five (5) years after the date it is received.
Section 4: The Clerk of the Hamilton County Board of Supervisors shall transmit in writing to the Hamilton County Superintendent of Public Works a copy of any written notice of defect, unsafe, dangerous or obstructed conditions filed in accordance herewith, which has not previously been filed with the Hamilton County Superintendent of Public Works, within ten (10) days after receipt of such notice, and such Superintendent shall take any and all corrective action with respect thereto, as soon as reasonably practicable.
Section 5: This local law shall take effect immediately upon its filing in the Office of the Secretary of State.
FUNDING FOR THE FULL TIME DISTRICT ATTORNEY
WHEREAS, the Hamilton County Board of Supervisors unanimously passed a Resolution requesting an Amendment of Section 700 of the County Law to make the Hamilton County District Attorney position Full Time, and
WHEREAS, the NYS Senate and NYS Assembly both passed S4632 and A7215 respectively, and
WHEREAS, the Governor’s Veto of said Legislation indicated the need for this change to be included in the NYS Budget, and
WHEREAS, the Hamilton County Board of Supervisors understands the need for this inclusion and similarly still needs this critical change, now, therefore, be it
RESOLVED, that the Hamilton County Board of Supervisors hereby requests that the needed change to Section 700 be included in the NYS Budget, and be it further
RESOLVED, that copies of this Resolution be forwarded to Governor Cuomo, Senator Gaughran, Senator Tedisco, Assemblyman Thiele, and Assemblyman Smullen.
PUBLIC DEFENSE CASE MANAGEMENT SYSTEM AGREEMENT
BE IT RESOLVED that the Chairman of the Board of Supervisors is hereby authorized to sign an agreement with the New York State Defenders Association, Inc. for use of the Public Defense Case Management System.
HAMILTON AND ESSEX COUNTY SOLID WASTE FUNDING
WHEREAS, Hamilton and Essex Counties have worked with NYS over the last 2 decades to prevent the disposal of Solid Waste within the Adirondacks, and
WHEREAS, the agreements to do so have expired and NYS DEC has neither extended those agreements nor funded outside the Park disposal within the EPF, and
WHEREAS, both Counties have continued to work in good faith to protect Adirondack ground water from the impacts of Solid Waste disposal within the Adirondacks, now, therefore, be it
RESOLVED, that the Hamilton County Board of Supervisors respectfully calls upon the Governor, the Legislature, and NYS DEC to continue to make Adirondack ground water a top priority, and be it further
RESOLVED, that the Hamilton County Board of Supervisors request the extension of these agreements and the restoration of this critical funding, and be it also
RESOLVED, that copies of this Resolution be forwarded to the Governor, Senator Tedisco, Senator Little, Assemblyman Smullen, Assemblyman Stec, and DEC Commissioner Basil Seggos.
BIRDING FESTIVAL
WHEREAS, Hamilton County is sponsoring a county-wide Birding Festival in June of 2020, and
WHEREAS, this Festival consists of numerous separate events from June 11-14, 2020 including outings, lectures, seminars and certain events will require paid guides, facilitators or presenters, be it
RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to sign contracts with guides, facilitators and presenters approval of the County Attorney as follows: Each guide or facilitator will receive per outing, with a daily limit of two (2) guided outings per guide as follows: 4 hours or less $100, 5 hours or less $125, 6 hours or more $150.
Total number of guided outings not to exceed eight (8) per each day of the festival.
Outings, Lectures, and Related Events not to exceed a total of $5,000 from Publicity budget 6410.404, Event Funding and the County Treasurer be so notified.

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