Supervisors October 7 2021
County looks for opioid settlement money.
By PETE KLEIN
LAKE PLEASANT—The Hamilton County Board of Supervisors met on October 7 and laid the groundwork to obtain opioid settlement money with the following two resolutions.
OPIOID SETTLEMENTS
WHEREAS there are numerous pending matters on behalf of Hamilton County, whether via litigation and/or bankruptcy, in which Hamilton County is a named Plaintiff in the litigation or a creditor in the bankruptcy, such litigation/bankruptcy matters involving the ongoing opioid addiction crisis, and
WHEREAS opioid litigation counsel on behalf of Hamilton County is subject to judicial deadlines and bankruptcy plan voting time periods which may fail to permit timely consideration by the Hamilton County Board of Supervisors except by emergency meetings, now, therefore, be it
RESOLVED, that the Hamilton County Board of Supervisors hereby authorizes the Chairman of the Board of Supervisors, together with the confirmation of the County Attorney, to authorize and approve opioid litigation settlement agreements and/or bankruptcy plans, as recommended by the Hamilton County opioid litigation counsel, with the understanding that the foregoing authorization being hereby granted contain the requirement that the Board of Supervisors be advised in writing of any such settlement agreement/bankruptcy plan approval by the Chairman and County Attorney no later than the next regularly scheduled meeting of the Board of Supervisors.
MALLINCKRODT BANKRUPTCY PLAN: OPIOID LITIGATION
WHEREAS, Mallinckrodt, a company operating a business known as Specialty Generics, is one of the largest controlled substance pharmaceutical businesses in the US offering generic products for pain management which are powerful and addictive opioid pain killers, and
WHEREAS Mallinckrodt filed for bankruptcy in October 2020 after being named as a defendant in thousands of civil lawsuits seeking damages for asserted opioid related injuries to governments, and
WHEREAS, Mallinckrodt has filed a bankruptcy plan whereby an opioid plaintiff recovery trust will establish an abatement fund to offset the costs of combatting opioid addiction and provide support to communities impacted by opioid use, and
WHEREAS, upon advice of opioid litigation counsel, and upon the recommendation of the County Attorney, Hamilton County is requested to authorize and approve the Mallinckrodt Bankruptcy Plan which incorporates an abatement fund and release, and
WHEREAS it is in the best interest of Hamilton County upon the opinion of counsel as aforesaid to resolve the bankruptcy proceeding with respect to Mallinckrodt without further negotiations/bankruptcy litigation and approve the bankruptcy plan incorporating the abatement fund and release, now, therefore, be it
RESOLVED, that the County of Hamilton hereby authorizes and approves the bankruptcy plan of Mallinckrodt, d/b/a Specialty Generics, which plan provides for the aforesaid abatement fund and release, and the Chairman of the Board of Supervisors and/or the County Attorney, or designee, are authorized and directed to execute such documents as may be required to effectuate the foregoing.
The board continued its work with the following resolutions, starting with setting up dates to work on and pass the county budget for 2022.
SETTING ANNUAL SESSION DATES DATED: OCTOBER 7, 2021
RESOLVED, the following dates have been designated as the annual session for 2021: November 4 10:30 A.M.
November 8 10:30 A.M.
November 10 10:30 A.M.
November 16 10:30 A.M.
November 19 10:30 A.M. PUBLIC HEARING 11:00 A.M.
December 2 AUDIT 10:30 A.M.
December 17 AUDIT 10:30 A.M.
and be it further
RESOLVED, that any necessary changes will be subsequently arranged.
AUTHORIZING ASHLEY GADWAY TO COMPLETE RN CLINICAL
WHEREAS, Hamilton County Public Health Nursing Service has been asked by SUNY Plattsburg to be a public health clinical site for registered nurses who are working towards their master’s degree in nursing, and
WHEREAS Ashley Anderson Gadway has requested to complete her public health clinical in our department consisting of 50 hours of clinical care, including COVID testing and vaccination clinics, be it
RESOLVED, that the Chairman of the Board of Supervisors is authorized to sign the clinical training affiliation agreement with SUNY Plattsburg to allow Ashley Anderson Gadway to do her public health clinical at the Hamilton County Public Health Nursing Service.
PEER COUNSELOR FOR WOMEN, INFANTS, AND CHILDREN (WIC)
WHEREAS, according to the NYS Department of Health, the local health department provides administration of WIC program initiatives, and
WHEREAS, according to WIC program requirement, the Hamilton County Nursing Service (HCPHNS) must provide a Peer Counselor to assist mothers in the successful breast feeding of their children, and
WHEREAS, Elizabeth Speece, 1774 NYS Route 8, Lake Pleasant, has agreed to provide Peer Counselor services to mothers living in Hamilton County, and
WHEREAS Elizabeth Speece has agreed to maintain any ongoing training required of her to maintain her Peer Counselor designation, and
WHEREAS Elizabeth Speece will be reimbursed at a rate of $15.00 per hour plus travel reimbursement at the prevailing county mileage rate, be it
RESOLVED, that the Chairman of the Board of Supervisors is authorized to enter a contract with Elizabeth Speece to provide Peer Counselor services to mothers in Hamilton County, as described above, to begin October 1, 2021 to September 30, 2022 upon approval of the County Attorney and the County Treasurer be so notified.
CONTRACTS WITH BERKSHIRE FARM FOR SERVICES
WHEREAS children placed in the care and custody of the Commissioner of Social Services because of abuse, neglect, maltreatment, or voluntary surrender require out-of-home placement in Qualified Residential Treatment Programs (QRTP), and
WHEREAS, these QRTP’s are certified by the New York State Office of Children and Family Services (OCFS), and
WHEREAS, pursuant to the Family First Prevention Services Act (FFPSA) [P.L. 115-123], an independent assessment of a child in foster care placed in a QRTP is required to make determinations, including, but not limited to, whether the QRTP is appropriate, and
WHEREAS the assessment must be completed within 30 days of placement of the child in the QRTP, and
WHEREAS, Berkshire Farm Center and Services for Youth has been approved as a Qualified Individual (QI) program to provide assessments through OCFS, be it
RESOLVED, the Chairman of the Board of Supervisors, upon review and approval of the County Attorney, is hereby authorized and directed to enter into agreements with Berkshire Farm to complete comprehensive assessments of youth placed in QRTP’s within 30 days as required by the FFPSA.
RESOURCE ALLOCATION PLAN
WHEREAS the County of Hamilton is in receipt of the Resource Allocation Plan for the County’s Youth Board funding provided by the Office of Children and Family Services for 2021, and
WHEREAS the plan identifies the program and project applications as part of the required components of the County’s Comprehensive Youth Service Plan as approved by the Office of Children and Family Services, and
WHEREAS this plan will qualify the County for State reimbursement in the amount of $25,677 for the program year, be it
RESOLVED, that the Hamilton County Board of Supervisors hereby approves the 2021 Resource Allocation Plan and authorizes the Chairman to sign, and be it further
RESOLVED, that Special Delinquency Revenue Account A3820.0000 be increased from $2,000 by $23,677 to $25,677.00 and Account No. A7310.0401 Youth Programs Spec. Delinquency be increased from $2,500 by $23,177.00 to $25,677 and the County Treasurer be so advised.
CONTRACT WITH CITIZENS ADVOCATES
WHEREAS, the County of Hamilton has approved the 2021 contract with Citizens Advocates to provide Substance Use Disorder treatment to the residents of Hamilton County, and
WHEREAS the current contact does not reflect the restored funding in the County’s 2021 budget effective in April of 2021 in the amount of $352.00 (Res. No. 121-21), be it
RESOLVED, that the Hamilton County Board of Supervisors hereby approves amending the County’s 2021 contract with Citizens Advocates from $3,158.00 to $3,510.00 and the Treasurer be so advised.
CONTRACT WITH THE HAMILTON, FULTON, MONTGOMERY PREVENTION COUNCIL
WHEREAS, the County of Hamilton has approved the 2021 contract with the Hamilton, Fulton, Montgomery Prevention Council to provide Prevention Services to the residents of Hamilton County, and
WHEREAS NYS OASAS funding was increased in the most recent State Aid Letter by $712, and
WHEREAS the current contact does not reflect this increase nor the restored funding in the County’s 2021 budget effective in April of 2021 in the amount of $7,352.00 (Res. No. 121- 21), be it
RESOLVED, that Revenue Account No. A3484.100 OASAS Prevention and Expenditure Account No. A.4310.0425 HFM Prevention both be increased by $712.00, and be it further
RESOLVED, that the Hamilton County Board of Supervisors hereby approves amending the County’s 2021 contract with Hamilton, Fulton, Montgomery Prevention Council from $66,181.00 to $74,245.
00 and the Treasurer be so advised.
PAVING PARKING LOT AND PURCHASING COMPUTERS FOR COMMUNITY SERVICES
WHEREAS, it has been recommended by the DPW Superintendent that the parking lot at the Community Services Building needs to be repaved, and
WHEREAS, it has been recommended by Hamilton County’s IT provider that the computers used by Community Services staff to perform their duties need to be upgraded, and
WHEREAS, the DPW Superintendent has provided the Community Services Department with an estimate to repave the parking lot at a cost of $51,866.26, and
WHEREAS, upgraded computers can be purchased under state contract at the cost of $12,263.52, be it
RESOLVED, the Board of Supervisors hereby authorize a transfer of $64,129.78 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.
BRIDGE REPAIRS
WHEREAS Hamilton County DPW solicited bids for the superstructure and related items for Cramer Bridge, Spec 11-2021 and Burnham Mill Bridge, Spec 13-2021, and
WHEREAS one (1) bid was received for both specifications as follows – 1. Jeffords Steel & Engineering Co., Spec 11-2021 Cramer Bridge -$50,875, Spec 13-2021 Burnham Mill Bridge -$58,591.
And WHEREAS, Andrew S. Bell of A.S. Bell Engineering design engineer for Hamilton County has reviewed the said bids and recommends that the award be made to Jeffords Steel and Engineering Co., 4398 Route 22, Plattsburgh, NY, be it
RESOLVED, the Hamilton County Board of Supervisors hereby award the bids received for Specification 11-2021 Cramer Bridge and Specification No. 13-2021 Burnham Mill Bridge to Jeffords Steel and Engineering Co., 4398 Route 22, Plattsburgh, NY 12901 in the amounts shown hereon, and be it further
RESOLVED, the Board of Supervisors hereby authorize the Chairman of the Board to enter into an agreement with Jeffords Steel and Engineering Co. for the purchase of the said bids with the approval of the County Attorney, and the County Treasurer, Highway Superintendent and Clerk of the Board be so notified.
WHEREAS Hamilton County DPW solicited bids for the decking and related items for Cramer Bridge, Spec 12-2021 and Burnham Mill Bridge, Spec 14-2021, and WHEREAS, one (1) bid was received for both specifications as follows –1. Laminated Concepts, Inc., Spec 12-2021 Cramer Bridge - $28,630, Spec 14-2021 Burnham Mill Bridge - $59,773.
And WHEREAS, Andrew S. Bell of A.S. Bell Engineering design engineer for Hamilton County has reviewed the said bids and recommends that the award be made to Laminated Concepts, Big Flats, NY, be it
RESOLVED, the Hamilton County Board of Supervisors hereby award the bids received for Specification 12-2021 Cramer Bridge and Specification No. 14-2021 Burnham Mill Bridge to Laminated Concepts, PO Box 369, Big Flats, NY 14814 in the amounts shown hereon, and be it further
RESOLVED, the Board of Supervisors hereby authorize the Chairman of the Board to enter into an agreement with Laminated Concepts for the purchase of the said bids with the approval of the County Attorney, and the County Treasurer, Highway Superintendent and Clerk of the Board be so notified.
LAKE SHORE DRIVE IN INDIAN LAKE
WHEREAS, Resolution No. 117-21 authorizes the paving of County Route 9, Lake Shore Drive, and
WHEREAS payment is due to Peckham Materials Corp. for Superpave 12.5 MM Hot Mix Asphalt (HMA) that was placed on September 29, 2021, be it
RESOLVED, that the County Treasurer is hereby authorized to make payment as follows:
$65,200.46 from Account No. D5112.2527 Lake Shore Dr. made payable to: Peckham Materials Corp, Albany, NY.
and the Highway Superintendent and Clerk of the Board be so notified.
CEDAR RIVER ROAD IN INDIAN LAKE
WHEREAS, Resolution No. 117-21 authorizes the paving of County Route 12, Cedar River Road, and
WHEREAS payment is due to Peckham Materials Corp. for Superpave 19.0 MM Hot Mix Asphalt (HMA) that was placed on September 27 and September 28, 2021, be it
RESOLVED, that the County Treasurer is hereby authorized to make payment as follows:
$107,389.85 from Account No. D5112.2529 Cedar River Road, made payable to: Peckham Materials Corp.
and the Highway Superintendent and Clerk of the Board be so notified.
CATERPILLAR 906M WHEEL LOADER WITH ATTACHMENTS
WHEREAS Resolution No. 89-21 authorizes the order of a new 2021 Caterpillar 906M Wheel Loader with Attachments from Milton Cat under New York State Contract PC66988 with extended warranty delivered for $100,383.08, and
WHEREAS the aforesaid has been delivered and approved by the Highway Superintendent, and
WHEREAS, payment is now due to Milton Cat, be it
RESOLVED, that the County Treasurer is hereby authorized to make payment as follows: $100,383.08 from Account No. D5112.0202 Permanent Improvements, made payable to: Southworth-Milton, Inc., Boston, MA.
and the Highway Superintendent and Clerk of the Board be so notified.
REPAIRS TO EJECTOR TRAILER
WHEREAS Resolution No. 221-21 authorizes the repair of solid waste trailer #959 at an estimated cost of $4,800, and
WHEREAS the repairs were completed to trailer #959 and because the suspension springs needed to be replaced the final cost of the repairs were $5,820.89 and the said trailer is back in service, be it
RESOLVED, that hereby the County Treasurer is hereby authorized to send payment to Dunham’s Spring Shop, Inc. in the amount of $5,820.89 for trailer #959 and the funds be taken out of Account No. DM5310.401 Repairs and Clerk of the Board and Highway Superintendent be so notified.
SNOW AND ICE CONTRACTS WITH TOWNS FOR THE 2021-2022 SEASON
WHEREAS, Article 6, Section 135a of the Highway Law provides that the County Highway Superintendent may contract with any town in the County for the removal of snow and ice from the County roads and for sanding or otherwise treating said roads, be it
RESOLVED, that the County Highway Superintendent be authorized to contract with the various towns of the County, upon the approval of the County Attorney, for said purposes for the said period of November 1, 2021 – October 31, 2022 and the County Treasurer be so advised.
PURCHASE ROAD GRADER
WHEREAS the Highway Department needs replacing the departments road grader, and
WHEREAS 2022 Road Graders are available for purchase on State Contract with associated options, and
WHEREAS the vendor of the road grader has offered $30,000.00 for the currently county owned 2008 John Deere 772D in as is condition (VIN DW772DX619604) as trade in value toward the purchase of the 2022 John Deere 772G, and
WHEREAS the County Highway Superintendent is recommending approval to purchase the said road grader under State Contract pricing, be it
RESOLVED, that hereby the County Highway Superintendent is authorized to order said Road Grader under New York State Contract 03119-JDC, Award #PGB-22792 pricing from United Construction and Forestry, be it further
RESOLVED, the County Highway Superintendent is hereby authorized to trade in the 2008 John Deere 772D VIN No. DW772DX619604 road grader currently owned by Hamilton County and that the trade in value is $30,000 and the final cost for the purchase of the 2022 John Deere 772G is $300,660.45 with 60 month extended warranty delivered, be it further
RESOLVED, that $300,660.45 be transferred from the Unappropriated Machinery Fund Balance in accordance with Section 366 Subdivision 1 of the County Law to Account No. DM5130.401 Equipment and hereby the County Treasurer is authorized to make the said transfer and the Clerk of the Board and DPW Superintendent be so notified.
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
WHEREAS, Hamilton County has identified housing and assisting low/moderate income homeowners, as its most severe community development need, and
WHEREAS the proposed program area is hereby defined as having many substandard structures occupied by low/moderate income families, substandard is defined as: A structure or dwelling unit which has one or more major structural defect, but can still be repaired for a reasonable amount, and
WHEREAS the only affordable means of financing a program designed to meet these needs is to secure funding from the NYS Office of Community Renewal Community Development Block Grant Program, and
WHEREAS, due to the sparsely populated character of the proposed program area with homes scattered over a large geographical area, a non-target methodology is to be employed to assist only low- and moderate-income persons, therefore, be it
RESOLVED, that the Hamilton County Board of Supervisors authorizes its Chairman to execute and apply to the NYS Office of Community Renewal for a community development program for housing rehabilitation and to act in connection with the submission of the application and to provide such additional information as may be required, and be it further
RESOLVED, that the Housing Assistance Program of Essex County, Inc. will perform administrative services as a sub recipient for Hamilton County, and be it further
RESOLVED, that Hamilton County is committed to affirmatively furthering fair housing within the county’s jurisdiction, will substantially comply with all Federal, State, and local laws, rules, and regulations applicable in the effort of furthering fair housing, and names Christy Wilt, Fair Housing Officer, to be the primary point of contact for all fair housing related issues, and be it further
RESOLVED, that Hamilton County has adopted the following: Citizen Participation Plan, Residential Anti-Displacement and Relocation Assistance Plan, Excessive Force Policy, Lead Based Paint Plan, Drug-Free Workplace Program, and the Housing Rehabilitation Program Policy and Procedures, and that they are on file at Hamilton County.
INVESTMENT POLICY AMENDMENT
WHEREAS, the County Treasurer has been investigating new banks for County deposits, and
WHEREAS several banks have been identified as good investment opportunities with the help of three+one, and
WHEREAS the County Treasurer recommends the County Investment policy be amended to add the following banks where monies are deposited and the maximum amounts as follows: Bank of the Finger Lakes-Wayne Bank $2,000,000 (Two Million) Bank on Buffalo-Division of CNB Bank: $2,000,000 (Two Million) be it RESOLVED that the above listed amendments be adopted, and the County Treasurer be so advised.
AUTHORIZING 2021-2022 HRI AIDS INSTITUTE SCHOOL ELC GRANT
WHEREAS Res. No. 216-21 needs to be rescinded as it was adopted prior to the finalized budget for the 2021-2022 HRI AIDS Institute School ELC Grant 6896-01, and
WHEREAS, the New York State Department of Health through Health Research, Inc. (HRI) has been awarded a grant from the Center Disease Control Prevent and would like to contract with Hamilton County Public Health Nursing Service for Public Health Emergency Preparedness and School ELC COVID-19 Enhanced Detection Response for the period 7/1/21-7/31/22, and
WHEREAS, the total grant contract is for $638,615, with $420,272 being restricted funds, and
WHEREAS Hamilton County Public Health Nursing Service can request additional funds from the restricted funds to fund the budget lines through a budget modification, and
WHEREAS the Maximum Reimbursable Amount for this contract is $191,585, be it RESOLVED, that Res. No. 216-21 is hereby rescinded, and be it further
RESOLVED, that the Chairman of the Board of Supervisors be authorized to sign the Health Research, Inc. (HRI) Contract No. 6896-01, pending approval by the County Attorney, and be it further
RESOLVED, that the County Treasurer be hereby authorized to following accounts: create and fund the A4189.1104 - Personal Service – HRI COVID ELC EP/SCHOOL $ 31,039 A4189.4105- Supplies& Miscellaneous - HRI COVID ELC EP/SCHOOL $143,440 A4189.8720 - Fringe - HRI COVID ELC EP/SCHOOL $ 17,106
To be total offset by creating and funding Revenue Account Number: A4401.0300 HRI COVID ELC Emerg.Prep/School in the amount of $191,585.00.
NBT CARDMEMBER SERVICES PAYMENT – SOCIAL SERVICES
WHEREAS the Hamilton County Department of Social Services pays NBT Cardmember Services $5.00 monthly for the department’s SAGE Software and it was not submitted in time for the regular audit, be it
RESOLVED, that the County Treasurer is hereby authorized to pay NBT Cardmember Services $5.00 from Department of Social Services Account A6010.405, All Other Direct, for the SAGE Accounting Software.
CONTRACT WITH LASALLE SCHOOL FOR RESIDENTIAL TREATMENT
WHEREAS children placed in the care and custody of the Commissioner of Social Services because of abuse, neglect, maltreatment, or voluntary surrender require out-of-home placement in residential treatment centers, and
WHEREAS, these residential treatment centers are certified by the New York State Office of Children and Family Services (OCFS), and
WHEREAS, maximum state reimbursable rates are established by OCFS, be it RESOLVED, the Chairman of the Board of Supervisors, upon review and approval of the County Attorney, is hereby authorized and directed to enter into agreements with said Residential Treatment Center.
AID TO PROSECUTION GRANT
WHEREAS Res. No. 75-21 needs to be rescinded as it was adopted with the incorrect term and grant project number, and
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 $45,300 and the contract period will be for 18 months, be it
RESOLVED, that Res. No. 75-21 is hereby rescinded, and be it further
RESOLVED, the Chairman of the Board of Supervisors is hereby authorized to sign Aid to Prosecution Grant Project No. AP19-1020-R03 for the period of October 1, 2019 – March 31, 2021 in the amount of $45,300 on behalf of the County of Hamilton and the County Treasurer be so advised.
AGREEMENT WITH FULTON COUNTY TO PROVIDE HAMILTON COUNTY BOARD OF ELECTIONS SERVER AND SUPPORT SERVICES
WHEREAS Res. No. 206-21 which authorizes an intermunicipal agreement with Fulton County to provide Hamilton County Board of Elections server and support services was adopted prior to the amount being authorized by the Fulton County Board of Supervisors, and
WHEREAS the Fulton County Board of Supervisors proposes an agreement with a term of 11/1/21-12/31/21 at an annual price of $12,000 with on-site charges of $60.00 per hour, be it
RESOLVED, that Res. No. 206-21 is hereby amended to authorize said agreement with a term of 11/1/21-12/31/21 at an annual price of $12,000 with on-site charges of $60 per hour.
CONTRACT WITH CONSTELLATION ENERGY SERVICES OF NEW YORK
WHEREAS the County agreement with Constellation Energy Services for purchase of electricity for all County facilities expires on November 5, 2021, and
WHEREAS, Constellation Energy Services has given a proposal to the County to enter into a fixed price agreement for a period of twelve (12) months beginning November 6, 2021, be it
RESOLVED, that the Chairman of the Hamilton County Board of Supervisors is hereby authorized to enter a contract with Constellation Energy Services of New York, Inc. for a fixed price of kWh for a period of twelve (12) months.
FAILED - Contract with Constellation had one no vote so it carries over to November to be voted on again.
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