Supervisors June 1 2023
County takes stand against woke NY State
By PETE KLEIN
LAKE PLEASANT—When the Hamilton County Board of Supervisors met on June 1, it took a stand against subsidizing one group of property owners over another group of property owners.
The county began a process to opt-out of providing real property tax exemption for solar, wind, or waste energy systems.
AUTHORIZING THE COUNTY TO OPT-OUT OF PROVIDING REAL PROPERTY TAX EXEMPTION FOR SOLAR, WIND, OR WASTE ENERGY SYSTEMS” attached hereto and made a part hereof, be, and the same hereby is introduced before the Hamilton County Board of Supervisors, and in order to give interested members of the public the opportunity to be heard thereon, the Board of Supervisors shall hold a public hearing at the Supervisors’ Rooms in the Hamilton County Municipal Building on the 6th day of July, 2023, at 11:00 a.m., on the matter of the adoption of said proposed Local Law No. 2 of 2023, entitled “A LOCAL LAW PURSUANT TO SECTION 487 OF REAL PROPERTY TAX LAW AUTHORIZING THE COUNTY TO OPT-OUT OF PROVIDING REAL PROPERTY TAX EXEMPTION FOR SOLAR, WIND, OR WASTE ENERGY SYSTEMS”, and it be further
RESOLVED, that the Clerk of the Board of Supervisors be, and she hereby is authorized and directed to give notice of such public hearing in the manner provided by law.
PROPOSED LOCAL LAW NO. 2 OF 2023
A LOCAL LAW PURSUANT TO SECTION 487 OF REAL PROPERTY TAX LAW AUTHORIZING THE COUNTY TO OPT-OUT OF PROVIDING REAL PROPERTY TAX EXEMPTION FOR SOLAR, WIND, OR WASTE ENERGY SYSTEMS
BE IT ENACTED, by the Board of Supervisors of the County of Hamilton as follows:
Section 1. Title: This Local Law shall be known as “Opt-Out of Real Property Tax Law Section 487 Exemption for Qualified Solar, Wind and Waste Energy Systems Law of 2023”.
Section 2. Declaration of intent: The intent is to opt-out and disallow any real property tax exemption for County taxation purposes contained in New York State Real Property Tax Law Section §487 for qualified solar, wind or waste energy systems.
Section 3. Removal of Exemption: The Board of Supervisors hereby removes any exemption provided by New York State Real Property Tax Law Section §487 for qualified solar, wind or waste energy systems for the purposes of County taxation.
Section 4. Severability: If any section, subsection, sentence, clause, phrase, or other portion of this local law is for any reason declared unconstitutional, or invalid or in whole or in part by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidation shall not affect the validity of the remaining portions of this law which remaining portions shall remain in full force and effect.
Section 5. Filing: In addition to filing with the Secretary of State, this local law shall be filed with the New York State Office of Real Property Tax Services, and an additional copy shall be provided to the President of the New York State Energy Research and Development Authority.
Section 6. Effective Date: This local law shall take effect upon the date on which a certified copy of this local law is filed in the Office of the Secretary of State pursuant to section 27 of the Municipal Home Rule Law.
CREATING PAYROLL CLERK POSITION IN THE TREASURER’S OFFICE
WHEREAS, the County Treasurer has met with the Finance Committee to review the future staffing needs of the Treasurer’s Office, and
WHEREAS it was determined that in order to meet the future needs of the Treasurer’s Office, a position with not only accounting skills is required but a position with emphasis on payroll processing, therefore, be it.
RESOLVED, that the civil service position of Payroll Clerk which requires NY State civil service testing, be created in the Treasurer’s Office, and be it further.
RESOLVED, that the Personnel Officer advertise for the position of Payroll Clerk for the Treasurer’s Office with the understanding that the position may be filled provisionally by a qualified candidate until the test can be given and a qualified list is certified and be it further.
RESOLVED, that the Personnel Officer and Treasurer by so authorized.
GRADE CHANGE FOR THE POSITION OF ASSISTANT DEPUTY CLERK OF THE BOARD
WHEREAS, the Clerk of the Board has requested a grade change for the position of Assistant Deputy Clerk, be it
RESOLVED, that the grade of the Assistant Deputy Clerk position be increased from Grade 5 to Grade 7 and be it further.
RESOLVED, that the Hamilton County Personnel Officer be authorized to make this change effective June 1, 2023.
TRANSFER OF FUNDS – STOP DWI
WHEREAS there is a shortage of funds in the STOP DWI – Law Enforcement Assistance – A3310.0401 due to the purchase of two new Stalker Radar units, therefore, be it.
RESOLVED, that the County Treasurer be hereby authorized to make the following transfer:
FROM: Account No. A915 – Assigned Unappropriated Fund Balance STOP DWI $3,500.00 TO: Account No. A3315.0401 – STOP DWI – Law Enforcement Assistance $3,500.00
PUBLIC HEALTH EMERGENCY PREPAREDNESS AND RESPONSE GRANT
WHEREAS, the New York State Department of Health through Health Research, Inc. (HRI) has offered renewal of Contract No. 1611-16 with Hamilton County Public Health Nursing Service for Public Health Emergency Preparedness and Response for the period July 1, 2023 through June 30, 2024, and
WHEREAS, the grant year overlaps the 2023 and 2024 County Budgeted fiscal year, and
WHEREAS, the total grant contract is for $52,099, and
WHEREAS the necessary funds have been appropriated in the 2023 Municipal Budget and the remainder will be proposed for the 2024 Municipal Budget, be it.
RESOLVED, that the Chairman of the Board of Supervisors be authorized to sign the Contract with the NYS Department of Health through Health Research Inc., pending approval by the County Attorney and the County Treasurer be so advised.
AUTHORIZING CHAIRMAN TO SIGN ATTESTATION FOR NYS OMH AND NYS OASAS COLA
WHEREAS the New York State Office of Mental Health (NYS OMH) and New York State Office of Addiction Services and Supports (NYS OASAS) enacted budgets for 2023-24 included a 4% increase for salary and salary-related fringe benefits effective April 1, 2023, and
WHEREAS the statute authorizing that the increase requires that each provider sign Attestation forms for both NYS OMH and NYS OASAS that the funding be used to support salary and salary-related fringe benefit increases, be it.
RESOLVED, that the Attestation forms be completed to indicate that Hamilton County Community Services will use the increase in funding to support salary and salary-related fringe benefit increases and be it further.
RESOLVED, that the Hamilton County Board of Supervisors hereby authorizes the Chairman to sign the Attestation form as requested by NYS OMH and NYS OASAS and the County Treasurer be so advised.
TERMINATING AGREEMENT BETWEEN HAMILTON COUNTY COMMUNITY SERVICES AND ADIRONDACK HEALTH INSTITUTE, INC
WHEREAS Hamilton County Community Services entered into an agreement with Adirondack Health Institute, Inc. to provide Care Management Services per Resolution No. 186- 20, and
WHEREAS Hamilton County Community Services is only serving four health home clients and the revenue is significantly less than the cost to operate the program, and
WHEREAS, after discussion with the Hamilton County Community Services Board and the Health and Human Services Subcommittee it was recommended to eliminate our Health Home Care Management Program, be it
RESOLVED, that the Hamilton County Board of Supervisors hereby authorizes the termination of the agreement with Adirondack Health Institute, Inc. effective within ninety (90) days in compliance with the provider agreement with Adirondack Health Institute, Inc.
INCREASE OF FUNDS - SOCIAL SERVICES
WHEREAS the funds will be exhausted in Hamilton County Department of Social Services Day Care Account No. A6055.0401 by the end of June 2023, be it.
RESOLVED, that Appropriation Account No. A6055.0401, Day Care, be increase by Forty Thousand ($40,000.00) to be totally offset by increasing Revenue Account No. A4689, Federal Aid - Day Care, by Forty Thousand ($40,000.00) and the County Treasurer be so authorized.
AMENDING AMOUNT OF 2023 BUDGET APPROPRIATION FOR CAPITAL ROAD PROJECTS
WHEREAS the budget appropriation amount for Capital Road Projects for 2023 was set and adopted for $1,071,333.00 for Account No. D5112.0202 Capital Projects, and
WHEREAS, that amount is estimated by the County Highway Superintendent in September of the previous year based on previous allocations of State CHIPs funding for highway projects and the actual amount is set after the State Budget is adopted, and
WHEREAS the actual adopted State Budget for 2023 – 2024 for Hamilton County from the State CHIPS, Pave NY, Extreme Weather Recovery (EWR) and Pave Our Potholes (POP) funds for the State fiscal year 2023 - 2024 is set at $1,373,283.85 including rollover funds, and
WHEREAS the County Highway Superintendent recommends that the County Board of Supervisors amend the 2023 appropriation for capital projects from $1,071,333.00 to $1,373,283.85 for 2023 County Highway Projects, be it.
RESOLVED, that the 2023 budget appropriation for Capital Road Projects Account No. D5112.0202 be amended from $1,071,333.00 to $1,373,283.85 and also increase Revenue Account No. D3501 Consolidated Highway Aid from $1,071,333.00 to $1,373,283.85 and the County Treasurer be so authorized and Clerk of the Board and County DPW Superintendent be so notified.
AWARD OF BID SPECIFICATION 11-2023 – ROOF REPLACEMENT PROJECT – INDIAN LAKE FACILITIES
WHEREAS the Public Works Committee authorized the County DPW Superintendent to advertise for bids for the roof replacement for the Indian Lake Building Facilities, including Public Health, Social Services & Legal Wings, and WHEREAS, three (3) bids were received for Roof Replacement for Indian lake County Facilities in accordance with Specification No. 11-2023 as advertised by the DPW Superintendent and Public Works Committee, and
WHEREAS the following bids were received:
1. S&L Roofing & Sheetmetal Inc. Voorheesville, NY - Bid Price - $300,999.00, Item 1. $4.46 Sq. Ft.
2. SJBS Construction, Inc. Utica, NY - Bid Price - $332,700.00, Item 1. $5.00 Sq. Ft.
3. Titan Roofing, Inc. Springfield, MA - Bid Price - $369,000.00, Item 1. $5.00 Sq. Ft. and
WHEREAS Foit-Albert Associates have reviewed the bids and recommends awarding to the low bidder, and
WHEREAS the DPW Superintendent recommends awarding the bid to S&L Roofing & Sheetmetal, Inc. of Voorheesville, NY, be it.
RESOLVED, that the award be made to S&L Roofing & Sheetmetal Inc. 5640 Depot Road, Voorheesville, NY 12186, and be it further.
RESOLVED, that the Chairman of the Board of Supervisors is hereby authorized to enter into a contract for the said roof replacement in the amount of $300,999.00 with the approval of the County Attorney and be it further.
RESOLVED, that $300,999.00 be transferred from the Building Reserve Fund to Account No. A1620.0414 Capital Building Projects and the County Treasurer be authorized and the County Attorney, Clerk of the Board and DPW Superintendent be so advised.
AUTHORIZING PAYMENT FOR PICKUPS - DPW
WHEREAS Resolution No. 315-22 authorizes the purchase of two (2) 2023 New Ram Tradesman Pickups for use by DPW, and
WHEREAS the said vehicles have been delivered and inspected by the Superintendent who now recommends payment of the vehicles, be it.
RESOLVED, the County Treasurer is hereby authorized to make payment to Chrysler Dodge Jeep Ram of Yorkville, 5017 Commercial Drive, Yorkville, NY 13495 in the amount of $91,186.00 and the funds to be taken out of Account No. DM5130.0201 Equipment and the County Highway Superintendent and the Clerk of the Board be so notified.
AUTHORIZING PAYMENT FOR DODGE DURANGO PPV - SHERIFF
WHEREAS Resolution No. 289-22 authorizes the purchase of one (1) 2023 New Dodge Durango PPV for use by the Sheriff’s Office, and
WHEREAS the said vehicle has been delivered and inspected by the Superintendent who now recommends payment of the vehicle, be it.
RESOLVED, the County Treasurer is hereby authorized to make payment to Chrysler Dodge Jeep Ram of Yorkville, 5017 Commercial Drive, Yorkville, NY 13495 in the amount of $42,729.00 and the funds to be taken out of Account No. A3110.0202 Automobile and the DPW Superintendent, County Sheriff and the Clerk of the Board be so notified.
AUTHORIZING PAYMENT FOR VEHICLE - PUBLIC HEALTH
WHEREAS Resolution Number 89-23 authorizes the County Fleet Coordinator to purchase one (1) 2023 Nissan Altima for use by Public Health, and
WHEREAS the vehicle ordered was delivered, and
WHEREAS, the County Fleet Coordinator has inspected the said vehicle and confirms it is accepted and meets specifications and recommends payment of said vehicle, be it
RESOLVED, the County Treasurer is hereby authorized to make payment to Kingston Nissan, 140 Route 28, Kingston, NY 12401-7444 in the amount of $30,119.21 and the funds to be taken out of Account No. A4050.0201 Automobile and the Public Health Director, Fleet Coordinator and the Clerk of the Board be so notified.
AUTHORIZING PAYMENT FOR VEHICLE – SOCIAL SERVICES
WHEREAS Resolution Number 88-23 authorizes the County Fleet Coordinator to purchase one (1) 2023 Nissan Altima for use by Social Services, and
WHEREAS the vehicle ordered was delivered, and
WHEREAS, the County Fleet Coordinator has inspected the said vehicle and confirms it is accepted and meets specifications and recommends payment of said vehicle, be it
RESOLVED, the County Treasurer is hereby authorized to make payment to Kingston Nissan, 140 Route 28, Kingston, NY 12401-7444 in the amount of $30,119.21 and the funds to be taken out of Account No. A6010.0202 Automobile and the Social Services Commissioner, Fleet Coordinator and the Clerk of the Board be so notified.
APPROVAL OF TRANSFER OF FUNDS TO SOLID WASTE CAPITAL RESERVE EXPENDITURE ACCOUNT FOR PURCHASE OF 2023 JOHN DEERE EXCAVATOR DPW (SOLID WASTE)
WHEREAS Resolution 87-23 authorized the purchase of a 2023 John Deere Excavator for the Indian Lake Transfer Station to be paid from Account A8189.0401 Solid Waste Capital Reserve Expenditure, and
WHEREAS the cost of the 2023 Excavator is $101,501.33 after trade in of the 2017 John Deere 410L Backhoe, and
WHEREAS there is a current balance of $95,000.00 in Account No. A8189.0401 Solid Waste Capital Reserve Expenditure, be it.
RESOLVED, that the County Treasurer be authorized to transfer $6,501.33 from the Solid Waste Equipment Reserve to Account No. A8189.0401 Solid Waste Capital Reserve Expenditure and the Clerk of the Board and DPW Superintendent be so advised.
RESOLUTION IN SUPPORT OF SENATE BILL #S.7430 AND ASSEMBLY BILL #A.7615 – CONTINUATION OF COUNTY RECORDING TAX
WHEREAS the Hamilton County Board of Supervisors requested New York State legislation authorizing a County Recording Tax, now, therefore, be it.
RESOLVED, that pursuant to Article IX of the Constitution, the County of Hamilton requests the enactment of Senate bill #S.7430 and Assembly bill #A.7615 entitled “An Act to amend Chapter 326 of the laws of 2006, amending the tax law relating to authorizing the County of Hamilton to impose a County Recording Tax on obligations secured by mortgages on real property, in relation to extending the expiration thereof”, and also be it.
RESOLVED, that the Clerk of the Board of Supervisors and the Chairman of the Board of Supervisors are hereby authorized to execute all the necessary documents to enable this enactment and be it further.
RESOLVED, that a certified copy of this resolution be forwarded to Senator Mark Walczyk and Assemblyman Robert Smullen.
FUNDING AND AUTHORIZATION TO HIRE MOTOR VEHICLE CLERK
WHEREAS the County Clerk's Office is facing a staffing shortage due to the illnesses of two Motor Vehicle Clerks, and
WHEREAS there is no definite timeline for either one to return to work, and WHEREAS, the office is typically busier during the summer months, and
WHEREAS, the office will also be facing some staff retirements in the near future, and
WHEREAS the County Clerk met with the Central Government Committee, and they understood the immediate need and dire situation the office is presently facing, and
WHEREAS it was agreed that a new Motor Vehicle Clerk position should be created and funded, be it.
RESOLVED, that the position of Motor Vehicle Clerk #4 (Grade 6) Account No. A1410.0109 is hereby created and funded by transferring $21,156.00 from Contingent Account No. A1990.0401 and be it further.
RESOLVED, that Kimberley Crandall is hereby hired provisionally effective June 12, 2023 pending the results of the next Motor Vehicle Clerk exam and be it further.
RESOLVED, that the County Treasurer and Personnel Officer are hereby authorized, and the County Clerk be so notified.
AUTHORIZATION TO TRANSFER FUNDS FOR ADDITIONAL HOURS - COUNTY CLERK
WHEREAS the County Clerk's Office is facing a staffing shortage due to the illnesses of two motor vehicle clerks, and it is unknown when they will be able to return to work, and
WHEREAS, due to this staffing shortage the remaining staff has been willing to work additional hours to cover, and
WHEREAS the $2,500.00 allocated for Additional Time, Account No. A1410.0108, in the 2023 budget is nearly exhausted, and
WHEREAS there is $5,200.00 in Account No. A1410.0105 Temporary which would be better utilized if transferred to Account No. A1410.0108 Additional Hours to pay these additional wages, therefore, be it.
RESOLVED, the County Treasurer is hereby authorized to transfer $5,200.00 from Account No. A1410.0105 Temporary to Account No. A1410.0108 Additional Hours and the Hamilton County Clerk and Personnel Officer be so notified.
AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT WITH NEW YORK STATE UNIFIED COURT SYSTEM
WHEREAS, Hamilton County has a 5-year agreement with the Unified Court System for security services to the courts of Hamilton, and
WHEREAS, the contract begins on April 1, 2019 and ends on March 31, 2024, and
WHEREAS, the contract stated in pertinent part, “All subsequent periods of the contract, the maximum compensation and where necessary new staffing schedule for that period are to be established by mutual written agreement of the parties.”, and
WHEREAS, the State Unified Court System has provided a proposal wherein the period of the contract begins on April 1, 2023 and ends on March 31, 2024, the maximum compensation for the period is Eleven Thousand Dollars ($11,000.00) and the Hamilton County Sheriff provides an attendant staffing schedule, and
WHEREAS, the Hamilton County Sheriff has provided an Attendant Staffing Schedule to the State Court System,
NOW, THEREFORE, BE IT
RESOLVED, that the Chairman of the Hamilton County Board of Supervisors is authorized to execute an agreement with the New York State Unified Court System to provide Court Attendant Staffing by the Hamilton County Sheriff for the maximum compensation of Eleven Thousand Dollars ($11,000.00) for the period of time beginning on April 1, 2023 and ending on March 31, 2024.
AUTHORIZING CHAIRMAN TO SIGN AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH AS AN EARLY INTERVENTION PROVIDER
WHEREAS, pursuant to Public Health Law 2550, the New York State Department of Health is the lead agency responsible for the administration of the Early Intervention Program and that each Municipality is responsible for the local administration of the program, which includes accepting referrals of children potentially eligible for program services, assigning initial service coordinators, participating in Individual Family Service Plan (IFPS) meetings, ensuring that services contained in the IFSP are appropriately delivered and reimbursing providers for services not covered by Medicaid or commercial insurance according to rates set by the NYSDOH, and
WHEREAS Hamilton County by and through the Hamilton County Public Health Nursing Service assumes the responsibilities delineated above, and
WHEREAS, initial service coordinators may be assigned to employees of the Hamilton County Public Health Nursing Service, be it
RESOLVED, that the Chairman of the Board of Supervisors be authorized to sign the Early Intervention Provider Agreement with the New York State Department of Health, pending approval by the County Attorney and the County Treasurer be so advised.
AUTHORIZING PAYMENT FOR REPAIRS TO GRADALL
WHEREAS the County owns a 2007 4100XL Gradall that needed several repairs, and
WHEREAS, the Superintendent had spoken with the Public Works Committee in late 2022 that the machine was at Alta Construction Company who is an authorized Gradall dealer for these repairs, and
WHEREAS the repairs needed were the main boom to be disassembled to check rollers and have main hydraulic cylinder rebuilt, swing and tilt motor, and the Air Conditioner repaired, and
WHEREAS, the said Gradall repairs have been completed after several months due to parts issues at a cost of $17,309.50 and the Gradall is back in service, be it
RESOLVED, that hereby the County Treasurer is hereby authorized to send payment to Alta Construction Equipment New York, LLC, PO Box 22154, New York, New York 10087-2154 in the amount of $17,309.50 for Gradall #304 and the funds be taken out of Account No. DM5310.0401 Repairs and Clerk of the Board and Highway Superintendent be so notified.
AUTHORIZING PURCHASE OF EQUIPMENT FROM NOKIA FOR EMERGENCY SERVICES MICROWAVE PROJECT BLUE MT./INLET/MCCAULEY MT
WHEREAS Hamilton County is looking to complete a microwave path that connects Blue Mountain to a newly established site in Inlet and continue to McCauley Mountain in Herkimer County, and
WHEREAS it is also determined that with this connectivity, both Hamilton and Herkimer counties will be able to utilize interoperability for each other in the event that any incident arises that would so need this connectivity to be established for that to occur, and
WHEREAS this connection also provides redundancy path and completes a second ring in the microwave consortium, and
WHEREAS, Hamilton County has been given a quote from Nokia under NYS Contract PM67989 in the amount of $408,952.68 to complete the microwave ring from Blue Mountain to Inlet to McCauley Mountain in Herkimer County, and
WHEREAS the purchase is contingent on the approval from Homeland Security, be it.
RESOLVED, that the Hamilton County Emergency Services Office be authorized to issue the required Purchase Order to Nokia for the microwave project that goes from Blue Mountain to Inlet to McCauley Mountain in Herkimer County with funding for this Purchase Order being covered by funds available from NYS Department of Homeland Securities and Emergency Services, Office of Interoperable Communications Formula Grant SICG FY 18 Targeted grant, Account No. A3645.0428.
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