agenda regular session

AGENDA

Regular Session

Tuesday, October 12, 2021

Wyoming County Government Center, Warsaw, New York Board of Supervisors’ Chambers, 2

nd Floor of the Government Center

The public may continue to observe by tuning into the BOS YouTube Channel

https://www.youtube.com/channel/UCcfZs0H1gcOlb67vlR8g-Ow

Board meetings are now open to the public. We ask that you continue to practice safe social distancing requirements.

CALL TO ORDER ~

Pledge of Allegiance to the Flag ~

Chief Petty Officer David J.R. Black ~ Outside the Town of Arcade

OPENING PRAYER ~

Rev. Mack Bixby

communications ~

None

Tue., Oct. 12, 2021 Audit Committee Immediately before

Committee of the Whole

“ “ “ Committee of the Whole

2022 Budget Session

10:00 AM

“ “ “ Committee of the Whole 1:00 PM

“ “ “ Board Meeting

Supervisors’ Chambers @ Government Center

143 N. Main St., Warsaw, NY

2:30 PM

Tue., Oct. 26, 2021 Human Resource Committee Meeting 9:00 AM

“ “ “ Audit Committee Immediately following

Human Resource Mtg.

“ “ “ Human Service Committee Meeting 1:00 PM

Wed., Oct. 27, 2021

Public Health Committee Meeting 9:00 AM

“ “ “ Ag & Green Energy Committee Meeting 10:30 AM

“ “ “ Planning Committee Meeting 1:00 PM

Thu., Oct. 28, 2021 Public Works Committee Meeting 9:00 AM

“ “ “ Public Safety Committee Meeting 1:00 PM

Tue., Nov. 02, 2021 Finance Committee Meeting 9:00 AM

Tue., Nov. 09, 2021 Audit Committee Immediately before

Committee of the Whole

“ “ “ Committee of the Whole TBA

“ “ “ Board Meeting

Supervisors’ Chambers @ Government Center

143 N. Main St., Warsaw, NY

2:30 PM

https://www.youtube.com/channel/UCcfZs0H1gcOlb67vlR8g-Ow

Open Public Hearing ~

For the Consideration of Adopting a Specific Short Environmental Assessment Form

(EAF) Related to the Agricultural District Program

“Local Law No. 2, Year 2021 (Introductory B, Year 2021) Entitled, “Providing Salaries

for Certain County Officers for the Year 2022”

*CONSENT ITEMS:

Finance Committee:

*Resolution No. 1, By Mr. Kehl, Chairman of the Finance Committee: Funds Transferred to Various 2021 Accounts

*Resolution No. 2, By Mr. Kehl, Chairman of the Finance Committee: Funds Appropriated to Various 2021 Accounts

Audit Committee:

Presentation of Monthly Expenditures by Mrs. Brunner, Chairman of the Audit

Committee

Human Resource Committee:

*Resolution No. 3, By Mrs. King, Chairman of the Human Resource Committee:

Resolution Calling for the State of New York to Allow for County Home Rule Authority

Regarding Employment Residency Requirements


Resolution Calling for the Full Repeal of the New York State Scaffold Law or Reform to

Include a Pure Standard of Comparative Negligence


Resolution Calling for an Increase in the Share of Revenue Counties Retain for Providing

State DMV Services


Set Public Hearing ~ Introductory Local Law No. C Year 2021


Recovery of Overpayment of Represented and Non-Represented Employees Policy

Revisions Approved

Human Services Committee:

*Resolution No. 8, By Ms. Grant, Chairman of the Human Services Committee:

Anthony Solina Appointed Director of Veterans Services


Chairman Authorized to Sign a Grant Application and Acceptance Award on Behalf of

Veterans Services

(New York State Division of Veterans’ Affairs)


Resolution Number 21-262 Amended


Domestic Violence Awareness Month Proclaimed


Resolution Urging the Governor and State Legislature to Adjust the Early Intervention

Rate Structure to Improve Access to these Services for Children Who Live in Poverty

and/or in Rural Areas


Resolution Urging the State to Prioritize the Distribution of Federal Emergency Rental

Assistance, and Clarify Its Homelessness Prevention Goals by Making Permanent Housing

the Central Focus


Resolution Urging New York State to Renew Its Commitment to Prevent and Protect

Children from Abuse and Neglect by Restoring State Share Funding Levels to 65 Percent

under the Existing Open-Ended Child Welfare Financing Mechanism


Resolution in Support of a Statewide Program to Train School Resource Officers in

Addressing the Safety and Security of Children with Special Needs

Brief presentation on domestic violence in Wyoming

county~

Lauren Burger from Restore

Public Health Committee:

*Resolution No. 16, By Mr. Davis, Chairman of the Public Health Committee:

Resolution Calling on Governor Kathy Hochul to Restore the State-County Share of the

Cost of 730.20 Competency Restoration Services and Make Reforms to the Program

Thereto


Resolution for Allocating Unrestricted Resources to Local Health Departments to Fortify

Provision of Core Public Health Services an Prepare for Implementation of Expanded

Public Health Mandates


Resolution Supporting the NYS Office of Mental Health's (OMH) Collaboration with the

Counties in Planning and Implementation of the National 988 Suicide Prevention Hotline


Resolution Urging the Governor and Legislature to Address the Severe Deficit of

Qualified Home Health Care Professionals in New York


Resolution Calling on the Governor and the Legislature to Suspend Any Further State

Diversion of Local Sales Tax for Distressed Health Facilities and Work to Immediately

Sunset the Law


Resolution for Expanding Vaccination Access, Development of a Record Keeping

Requirement, and Expanding the Role of Pharmacists in Vaccination Administration for

New Yorkers





Mental Health

(Preventionfocus)


Anthony Solina Appointed to the Mental Health Subcommittee


Chairman/Commissioner of Health Authorized to Sign Various Grant Applications and

Acceptance Awards on Behalf of the County Health Department



Agriculture Committee:

*Resolution No. 27, By Mr. Klein, Chairman of the Planning Committee:

Resolution in Support of Research into Harmful Algal Bloom Prevention and Mitigation


Resolution in Support of the Right to Repair


Resolution in Support of New York State Sharing Agricultural Mitigation Fees with

Counties to Support County Agriculture and Farmland Protection Initiatives


Resolution in Support of Proposed New York State Department of Environmental

Conservation Regulation Allowing Counties to Annually Opt-Out of the End-of-Year,

“Holiday Hunt” Slated to Occur Between December 26th

and January 1st


Order of Protection for Deer Approved


Confinement of Dogs in Wyoming County Authorized


Resolution in Recognition of Hannah Spicer and Rachael Paddock for Representing the

Wyoming County Shooting Sports Club and New York State at the 4-H National

Championship in Grand Island, Nebraska

CERTIFICATE OF RECOGNITION ~

4-H National Championship Attendees Hannah Spicer and Rachael Paddock

Public Hearing ~

For the consideration of Adopting a Specific Short Environmental Assessment Form

(EAF) related to the Agricultural District Program

o Public Comment

Close the public hearing ~


Specific Short Environmental Assessment Form (EAF) Related to the Agricultural

District Program Adopted

Planning Committee:

*Resolution No. 35, By Mr. Leuer, Chairman of the Planning Committee:

Resolution Urging the State of New York and Federal Government to Expand True

Broadband Coverage to All New Yorkers


Support for the New York State Legislature to Establish an Extended Producer

Responsibility System for Packaging and Printed Paper


Resolution in Support of the Inclusion of Waste-to-Energy in the Federal Production Tax

Credit, Clean Energy Standard, and Climate Programs

Public Works Committee:

*Resolution No. 38, By Mr. Brick, Chairman of the Public Works Committee:

Resolution Urging the Enactment of an Increase in the Statutory CHIPS Bidding

Threshold


Resolution Urging Legislative Support to Increase Funding for New York Airports


Resolution Commending the Governor and State Legislators on Enacting Record

Increases for Local Highway, Bridge and Culvert Programs and Urging a Sustained

Commitment to Assist Counties in Maintaining Their Local Infrastructure


Resolution in Support of Creating a National Infrastructure Bank


Resolution Urging Enactment of Legislation to Assure Effective Control of Wildlife

Populations for Airports


Chairman Authorized to Sign a Contract (Supplemental No. 4) on Behalf of County

Highway

(Labella Associates)






Wyoming County Jail Make Up Air Unit Replacement Capital Improvement Project

Established, Appropriating Funds Therefore and Authorizing the Chairman to Sign

Various Contracts on Behalf of Buildings and Grounds (Co. Bldgs.)


Wyoming County Replacement Generators Capital Improvement Project Established,

Appropriating Funds Therefore and Authorizing the Chairman to Sign a Contract on

Behalf of Buildings and Grounds (Co. Bldgs.)

(Campus Construction Management)

Public Safety Committee:

*Resolution No. 48, By Mrs. May, Chairman of the Public Safety Committee:

Resolution Imploring the State of New York to Amend the Bail and Discovery Reform

Laws


Chairman Authorized to Sign a Contract on Behalf of 9-1-1

(Saia Communications)



the Public Defender’s Office

(New York State Division of Criminal Justice Services)




2022 Stop DWI Plan Approved


Wyoming County Comprehensive Emergency Management Plan Adopted


Chairman Authorized to Sign a Grant Acceptance Award on Behalf of Wyoming County

Emergency Services

(New York State Division of Homeland Security and Emergency Services)


Chairman Authorized to Accept the New York State Office of General Services Vehicle

Marketplace Bid and Sign a Contract on Behalf of Emergency Services

(Joe Basil Chevrolet, Inc.)


Chairman Authorized to Sign a Contract on Behalf of Sheriff’s Department

(State of New York Unified Court System)


Calling on the State of New York to Increase and Fully Fund County Law 18B Assigned

Counsel Statutory Pay Levels


Calling on the State of New York to Fully Reimburse Counties for District Attorney

Salary Increases that are Set and Controlled by the State


Resolution Imploring the State of New York to Enact Public Safety Related Civil Service

Reform


Resolution Opposing Qualified Immunity Reform


Resolution Urging the Amendment to New York State Insurance Law in Relation to

Payments to Pre-Hospital Emergency Medical Services Providers

Finance Committee: *Resolution No. 62, By Mr. Kehl, Chairman of the Finance Committee:

Hospital Administrator Authorized to Sign Various Contracts on Behalf of the Wyoming

County Community Health System

*Resolution No. 63, By Mr. Kehl, Chairman of the Finance Committee: Resolution Number 20-466 Amended

*Resolution No. 64, By Mr. Kehl, Chairman of the Finance Committee: Hospital Administrator Authorized to Sign an Employment Agreement ~ Salary Schedule

“P” on Behalf of the Wyoming County Community Health System

(Kari Beardsley, WHNP)

*Resolution No. 65, By Mr. Kehl, Chairman of the Finance Committee: Salary Schedules “P”, “C”, “X”, “S”, “D” and “G” Amended

*Resolution No. 66, By Mr. Kehl, Chairman of the Finance Committee:

Resolution 21-296 Amended


Position(s) Approved


Resolution Calling on the Governor to Complete Affordable Care Act Enhanced Federal

Medicaid Assistance Percentage Reconciliations that are Years Overdue and Immediately

Release the Federal Funds Owed to Counties and New York City


Resolution Calling on the Governor and Legislature to End the Diversion of County Sales

Tax to Pay for the State AIM Program and Begin Work to Reform the AIM Program

While Restoring State Funding Responsibility


Resolution Calling on the State to Equitably Distribute Gaming Revenue to all New York

Counties and to Make Whole Counties Impacted by the State's Gaming Revenue Cuts

*Resolution No. 71, By Mr. Kehl, Chairman of the Finance Committee: Resolution Urging Governor Hochul and the State Legislature to Amend State Insurance

Law to Foster Shared Municipal Health Insurance Consortiums


Resolution Calling on the State of New York to Immediately Make all Municipalities

Whole in the Saint Regis Mohawk Tribal Gaming Region that have been Impacted by the

State's Lack of Payment


Resolution Urging Congress to Repeal or Modify the Federal Cap on the Deductibility of

State and Local Taxes

*Resolution No. 74, By Mr. Kehl, Chairman of the Finance Committee: Resolution Calling on the State of New York to Immediately make all Municipalities

Whole that have been Impacted by the State and Seneca Nation Dispute


Resolution Calling on the Governor, State Legislature and Comptroller to Support

Reforms of Contingency and Tax Stabilization Reserve Funds to Provide More

Flexibility in the Fund's Use, and to Update Withdrawal Provisions to Conform with the

State's Two Percent Property Tax Cap

Public Hearing ~

For the consideration of Providing Salaries for Certain County Officers for the Year

2022

o Public Comment

Close the public hearing ~

*Resolution No. 76, By Mr. Kehl, Chairman of the Finance Committee: “Local Law No. 2, Year 2021 (Introductory B, Year 2021) Entitled,

“Providing Salaries for Certain County Officers for the year 2022” Adopted

#1

RESOLUTION NO. 21-

(October 12, 2021)

By Mr. Kehl, Chairman of the Finance Committee:

FUNDS TRANSFERRED TO VARIOUS 2021 ACCOUNTS

BE IT RESOLVED, That funds are hereby transferred to the various 2021 accounts as

follows:

Information Technology From: 011681.541410 Software Purchased

To: 011681.520002 IT/Communications

Reason: To cover the cost of a storage appliance.

$9,000

$9,000

From: 011680.540006 Telephone Maintenance


Reason: To purchase switches for our virtual environment.

$15,000.0

$15,000.00

Information Technology Total $24,000.00

Planning From: 016421.510001 Salary S/D/I


016421.541010 Office Supplies

016421.541111 Computers & Technology

016421.541410 Software Purchase

Reason: To cover the purchases of computers/desk/chair

$3,445.00

$1,626.00

1,120.00

438.00

261.00

Planning Total $3,445.00

Carried: Ayes: Noes: Absent: Abstain:

#2

RESOLUTION NO. 21-

(October 12, 2021)


FUNDS APPROPRIATED TO VARIOUS 2021 ACCOUNTS

BE IT RESOLVED, That funds are hereby appropriated to the various 2021 accounts as

follows:

Historian To: 017510.541010 Supplies

017510.542301 Books

w/01751004.427050 Gifts & Donations

Reason: To appropriate funds donated for office use to be used for

archival supplies and books.

$133.00

180.00

$313.00

Historian Total $313.00

Human Resource To: 011430.541204 Advertising

w/any funds available

Reason: Expanded advertising region and additional higher cost one-off

advertisements.

$20,000.00 $20,000.00

Human Resource Total $20,000.00

Mental Health To: 014325.542409 Advocacy Services (MH)

w/01432500.434900 Mental Health

Reason: State aid adjustment.

$216.00

$216.00

To: 014326.542306 Misc. Other Dwyer

w/01432601.434900 Mental Health/Dwyer

Reason: State aid adjustment.

$26,250.00

$26,250.00

Mental Health Total $26,466.00

Health Department

To: 014010.540801 Contracted Bldg Repair Cty

w/01401016.434010 Additional State Aid

Reason: Appropriate the Year 8 NYS Performance Incentive Award.

Funds MUST be expensed by 12/31/2021. Will be used to fund

upgrades to the employee and rear entrance at the HD in coordination

with B&G.

$10,023.00

$10,023.00

Health Department Total $10,023.00

Reforestation To: 018710.540301 Professional Svc Contracts

w/any funds available

Reason: Per Res. No 21-099 to pay for 10-Year Forest Mgmt Plan (eff.

01/01/21 – 12/31/30).

$9,000.00

$9,000.00

Reforestation Total $9,000.00

Emergency Services To: 013645.523001-2021 Motor Vehicle

013645.541410-2021 Software

w/01364508.443890 Federal Aid HSG2021

Reason: To appropriate FY2021 SHSP Grant funding to cover cost of

vehicle expense and software.

$37,330.00

$7,482.00

$44,812.00

RESOLUTION NO. 21-

October 12, 2021

Page 2

To: 013640.542306 Misc. Other

w/01364003.427050 Gifts & Donations

Reason: To apply donated funds from Wyo. Co. Fire Advisory Board,

Volunteer Fire Chief’s Assoc. and Volunteer Fireman’s Assoc. for the

purchase of fire training protective book covers.

$450.00

$450.00

Emergency Services Total $45,262.00


#3

RESOLUTION NO. 21-

(October 12, 2021)

By Mrs. King, Chairman of the Human Resource Committee:

RESOLUTION CALLING FOR THE STATE OF NEW YORK TO ALLOW FOR

COUNTY HOME RULE AUTHORITY REGARDING EMPLOYMENT

RESIDENCY REQUIREMENTS

WHEREAS, New York's Public Officers Law §3 requires certain employees reside in the

political subdivision or municipality in which he or she holds such public office; and

WHEREAS, This law has a worthy intent, which is to promote that local officials

interact with the community in which they serve, even in off hours, as well as to keep local tax-

funded salaries within the community; and

WHEREAS, Since the 1970's, the State has authorized over 70 exceptions to POL

residency requirements, including for police officers, in recognition that for some job

specifications it is important to increase the potential hiring pool to obtain highly skilled

employees; and

WHEREAS, In recent years, the population of upstate New York has declined, shrinking

the potential hiring pool; and

WHEREAS, In this same period, the State has forced county governments to vastly

increase skilled labor hires in order to implement new state reforms such as raising the age of

criminal responsibility, expansion of indigent public defense services and criminal justice reforms

such as bail, speedy trial and discovery; and

WHEREAS, County officials from all areas of the State are reporting difficulties finding

and hiring employees to perform vital government services; and

WHEREAS, County governments are best situated to know what job titles should have

residency requirements and which should have flexibility to ensure efficient and quality county

services; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls for the State

of New York to amend Public Officers Law §3 and allow for full Home Rule Authority to

determine county employee residency requirements; and be it

FURTHER RESOLVED, That the Clerk to the Board shall forward copies of this

resolution to Governor Kathy Hochul, New York State Senator Patrick Gallivan, New York State

Assemblyman David DiPietro, the New York State Association of Counties and all others deemed

necessary and proper.


#4

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION CALLING FOR THE FULL REPEAL OF THE NEW YORK STATE

SCAFFOLD LAW OR REFORM TO INCLUDE A PURE STANDARD OF

COMPARATIVE NEGLIGENCE

WHEREAS, New York Labor Law §240 and §241, commonly known as the "Scaffold

Law," outlines liability for injuries caused by an employee's fall from a height; and

WHEREAS, The laws impose strict liability on employers and owners of buildings if a

worker falls from any height; and

WHEREAS, The law was first imposed in 1885 at a time when worker safety was

largely neglected in New York State and at a time when modern safety equipment and

scaffolding techniques did not exist; and

WHEREAS, The Scaffold Law has caused a dramatic increase in construction costs due

to higher insurance rates required for employers in the construction business, causing New York

State to have the highest general liability insurance costs in the nation; and

WHEREAS, The Scaffold Law is a boon to personal injury lawyers, as half of the 30

largest lawsuits in the state stem from Scaffold Law issues, and while scaffold related injuries

have decreased in the past 20 years the number of Scaffold Law claims has increased 500 percent;

and

WHEREAS, New York is the only state in the country to impose a construction law like

the Scaffold Law that imposes strict liability on the employer; further, it is one of a very few

laws that mandate strict liability in the State of New York; and

WHEREAS, The increase in costs in New York drives away investment in our

infrastructure when developers and contractors can get better rates in neighboring states; and

WHEREAS, Not only does the law drive away out-of-state investment in infrastructure,

but the lost investment to other states also serves to decrease the number of new construction jobs

created every year, making it more difficult for many of New York's skilled laborers to find

appropriate employment; and

WHEREAS, This negligence standard under the Scaffold Law would not ban recovery

for an injured worker due to their own negligence, but would allow the employer to bring issues

with employee culpability to mitigate the damages in cases where the worker's actions

contributed to his or her injury; and

WHEREAS, Federal regulations have been enacted that attempt to protect workers from

RESOLUTION NO. 21-

October 12, 2021

Page 2 injury due to falls by requiring certain precautions to be in place for people working at a height

above the ground and allows an outlet for workers concerned about their safety to engage federal

review of any worksite for compliance with these regulations; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors is in support of

Scaffold Law reform as well as meaningful protection of construction workers; and be it

FURTHER RESOLVED, That the Wyoming County Board of Supervisors supports the

full repeal of the Scaffold Law or its modification to include a pure standard of comparative

negligence; and be it






#5

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION CALLING FOR AN INCREASE IN THE SHARE OF REVENUE

COUNTIES RETAIN FOR PROVIDING STATE DMV SERVICES

WHEREAS, 51 of the 62 New York Counties are mandated by the State to operate a local

Department of Motor Vehicles (DMV) Office; and

WHEREAS, Under current law the State of New York takes 87.3 percent of all fees collected

from the work performed by the county operated DMV's; and

WHEREAS, The remaining 12.7 percent county share has not been increased since 1999, yet the

amount of work required by the local DMV offices has increased in that same time period; and

WHEREAS, In recent years, increasingly, DMV fee transaction work has been moved online and

for transactions of this type counties receive little to no funding; and

WHEREAS, The move to online transactions has not decreased the county DMV workload as

the transactions selected for this are quick processing in nature, leaving the more difficult and often no fee

workload to the county; and

WHEREAS, This dichotomy of the State taking easier fee transactions online, while not

sharing any revenues generated from these transactions with most counties and for those that receive a

share it is less than one percent, has created an unnecessary and confusing campaign by which counties

encourage residents to go to the local DMV counter to ensure local spending stays local; and

WHEREAS, The Governor and the State Legislature have repeatedly stated that lowering the

property tax burden on local residents is a key priority; and

WHEREAS, Increasing the county DMV revenue over the counter or internet-based sharing rate

from the State DMV will not result in any increased costs or fees to residents or taxpayers and will

provide counties with revenue to support necessary local government services; and

WHEREAS, It is inequitable when a county DMV provides DMV services for our residents,

including overhead and staffing, yet the State takes 87.3 percent of the revenue generated from these

services; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls on the Governor and

members of the State Legislature to increase the county DMV revenue share on over the counter and

internet transactions to 15 percent; and

FURTHER RESOLVED, That the Clerk to the Board shall forward copies of this resolution to

Governor Kathy Hochul, New York State Senator Patrick Gallivan, New York State Assemblyman David

DiPietro, the New York State Association of Counties and all others deemed necessary and proper.


Local Law - Introductory

#6

RESOLUTION NO. 21-XXX

(October 12, 2021)


SET PUBLIC HEARING ~ INTRODUCTORY LOCAL LAW NO. C YEAR 2021

WHEREAS, There has been duly presented and introduced at a meeting of this Board of

Supervisors of Wyoming County on this 12th

day of October, 2021, a proposed local law entitled,

“Local Law Introductory No. C Year 2021, “A LOCAL LAW TO CONTINUE TO IMPOSE

A COUNTY MORTGAGE RECORDING TAX ON OBLIGATIONS SECURED BY A

MORTGAGE ON REAL PROPERTY AND TO REPEAL LOCAL LAW NUMBER 8 OF

2008”; and

WHEREAS, Subdivision 5, Section 20 of the Municipal Home Rule Law requires a

public hearing to be held on such local law; now therefore

BE IT RESOLVED, That a Public Hearing will be held on the said proposed Local

Law by this Wyoming County Board of Supervisors on the 28th

day of October, 2021 at 2:30

PM in the Supervisors’ Chambers, 2nd

Floor of the Wyoming County Government Center,

143 North Main Street, Warsaw, New York.


INTRODUCTORY LOCAL LAW NO. C - YEAR 2021

A Local Law to Continue to Impose a County Mortgage Recording Tax on Obligations

Secured by a Mortgage on Real Property and to Repeal Local Law Number 8 of 2008

BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF

WYOMING AS FOLLOWS:

STATUTORY AUTHORITY. New York State Tax Law, Section 253-n.

BE IT ENACTED, By this Board of Supervisors of the County of Wyoming, State of

New York as follows:

SECTION 1. This local law hereby repeals local law number 8 of 2008, which imposed a

county recording tax on obligations secured by a mortgage on real property situated in Wyoming

County. The repeal of Local Law 8 of 2008 is not retroactive. The purpose of the repeal is to

make clear that this 2021 local law supersedes the repealed law and that there is non-interrupted

and continuing imposition of the mortgage tax.

SECTION 2. IMPOSITION OF TAXES

For the period commencing December 01, 2021 through November 30, 2024, there is hereby

imposed in Wyoming County a tax of twenty five cents ($0.25) for each one hundred dollars

($100.00) and each remaining major fraction thereof of principal debt or obligation which is or

under any contingency may be secured at the date of execution thereof, or at any time thereafter,

by a mortgage on real property situated within such county and recorded on or after the date

upon which such tax takes effect and a tax of twenty five cents ($0.25) on such mortgage if the

principal debt or obligation which is or by any contingency may be secured by such mortgage is

less than one hundred dollars ($100.00). County of Wyoming,

SECTION 3. APPLICABILITY

The taxes imposed under the authority of this local law shall be administered and collected in

the same manner as the taxes imposed under subdivision one of Section 253 and paragraph (b)

of subdivision one of Section 255 of the Tax Law. Except as otherwise provided in this local

law, all the provisions of Article 11 of the Tax Law relating to or applicable to the

administration and collection of the taxes imposed by such subdivisions shall apply to the taxes

imposed under the authority of this local law with such modifications as may be necessary to

adapt such language to the tax so authorized. Such provisions shall apply with the same force

and effect as if those provisions had been set forth in full in this local law, except to the extent

that any provision is either inconsistent with a provision of this local law or not relevant to the

tax authorized by this local law. For purposes of this local law, any reference in this Article 11

of the Tax Law to the tax or taxes imposed by such article shall be deemed to refer to a tax

imposed pursuant to this local law, and any reference to the phrase “within this state” shall be

read as “within Wyoming County,” unless a different meaning is clearly required.

SECTION 4. REAL PROPERTY LOCATED IN MORE THAN ONE COUNTY

Where the real property covered by the mortgage subject to the tax imposed pursuant to the

authority of this local law is situated in this state but within and without Wyoming County, the

amount of such tax due and payable to such county shall be determined in the same manner

prescribed in the first paragraph of Section 260 of the Tax Law, which concerns real property

situated in two or more counties. Where such property is situated both within Wyoming County

and without the state, the amount due and payable to Wyoming County shall be determined in

the manner prescribed in the second paragraph of such Section 260 of the Tax Law, which

concerns property situated within and without the state. Where real property is situated within

and without Wyoming County, the recording officer of the jurisdiction in which the mortgage

is first recorded shall be required to collect the taxes imposed pursuant to this section.

SECTION 5. ADDITIONAL TAXES A tax imposed pursuant to the authority of this local law shall be in addition to the taxes

imposed by Section 253 of the Tax Law.

SECTION 6. DISPOSITION OF TAXES Notwithstanding any provision of Article 11 of the Tax Law to the contrary, the balance of all

moneys paid to the recording officer of the County of Wyoming during each month upon

account of the tax imposed pursuant to the authority of this local law, after deducting the

necessary expenses of his or her office as provided in Section 262 of the Tax Law, except taxes

paid upon mortgages which under the provisions of this section or Section 260 of the Tax Law

are first to be apportioned by the New York State Commissioner of Taxation and Finance, shall

be paid over by such recording officer on or before the tenth day of each succeeding month to

the Treasurer of Wyoming County and, after the deduction by such Treasurer of the necessary

expenses of his or her office provided in Section 262 of the Tax Law shall be deposited in the

general fund of the County of Wyoming for expenditure on any county purpose.

Notwithstanding the provisions of the preceding sentence, the tax so imposed and paid upon

mortgages covering real property situated in two or more counties, which under the provisions

of this section of Section 260 of the Tax Law are first to be apportioned by the Commissioner

of Taxation and Finance, shall be paid over by the recording officer receiving the same as

provided by the determination of said Commissioner of Taxation and Finance.

SECTION 7. EFFECTIVE DATE This local law shall become effective December 01, 2021 through November 30, 2024.

DATED at Warsaw, New York

October 12, 2021 (Introduced)

Cheryl J. Ketchum, CMC

Clerk to the Board of Supervisors


#7

RESOLUTION NO. 21-

(October 12, 2021)


RECOVERY OF OVERPAYMENT OF REPRESENTED AND NON-REPRESENTED

EMPLOYEES POLICY REVISIONS APPROVED

BE IT RESOLVED, That the Wyoming County Recovery of Overpayment of

Represented and Non-Represented Employees policy revisions offered to this Board of

Supervisors are hereby approved as presented and annexed hereto.


Recovery of Overpayments for Represented & Non-represented Employees PURPOSE: To establish provisions governing authorized deductions for the benefit of employees, for the recovery of overpayments due to clerical or mathematical errors, and for repayment of advances consistent with the provisions of New York State Labor Law. SCOPE: This policy applies to all employees of Wyoming County; either represented in a bargaining unit or non-represented who have been overpaid due to clerical or mathematical error where a recovery of this overpayment occurs. POLICY: New York State Labor Law permits an employer to make deductions from an employee’s wages for “an overpayment of wages where such overpayment is due to a mathematical or other clerical error by the employer.” Such deductions are only permitted as follows: (a) Timing and Duration. The County may only recover such overpayments as were made in the eight (8) weeks prior to the issuance of the notice described in subdivision (e) below. The County may make deductions to recover overpayments for a period of six (6) years from the original overpayment; (b) Frequency. The County shall recover overpayments by wage deduction no more frequently than once per wage payment, provided that such deduction complies with this policy. (c) Method of Recovery. Overpayments may be recovered through wage deduction or by separate transaction. (d) Limitations on the Periodic Amount of Recovery. The County may recover overpayments by deducting the amount of the overpayment from the employee’s wages if the deduction complies with any final determination made in accordance with the procedures required pursuant this policy, and as follows:

1 In such cases where the entire overpayment is less than or equal to the net wages earned after other permissible deductions in the next wage payment, the employer may recover the entire amount of such overpayment in that next wage payment.

2 Where the recovery of an overpayment exceeds the net wages after other

permissible deductions in the immediately subsequent wage payment, the recovery may not exceed 12.5% of the gross wages earned in that wage payment nor shall such deduction reduce the effective hourly wage below the statutory state minimum hourly wage.

(e) Notice of Intent. The employer shall provide the employee with notice of the intent to commence the deductions to recover the overpayment. In such cases where the entire amount of the overpayment may be reclaimed in the next wage payment pursuant

to paragraph (1) of subdivision (d) above, notice shall be given at least three days prior to the deduction. In all other cases, notice shall be given at least three weeks before the deductions may commence. Such notice shall contain the amount overpaid in total and per pay period, the total amount to be deducted and the date each deduction shall occur followed by the amount of each deduction. The notice shall also provide notice to the employee that he or she may contest the overpayment, provide the date by which the employee shall contest, and include the procedure by which the employee may contest the overpayment and/or terms of recovery, or provide a reference to where such procedure can be located. DISPUTE PROCEDURE: An employee may dispute the overpayment and terms of recovery, and/or seek a delay in the recovery of such overpayment by utilizing the procedures detailed herein (1) The employee must respond in writing within one week from the date of the receipt of the notice of intent to recover overpayments that is prepared in accordance with policy to the Human Resources Department. (2) The Human Resources Department shall reply to the employee’s dispute within one week of receipt of the employee’s dispute. Such reply shall address the issues raised by the employee in his or her dispute, and contain a clear statement indicating the County’s position with regard to the overpayment, including whether the County agrees with the employee’s position(s) regarding the overpayment or disagrees with the employee’s position(s) and provide a reason why the employer agrees or disagrees. (3) The County shall give the employee written notice of the opportunity to meet with the County Human Resources Department within one week of receiving the County’s reply to discuss any disagreements that remain regarding the overpayment recovery. (4) The County shall provide the employee with written notice of the County’s final determination regarding the deductions within one week of this meeting. In making a final determination regarding the existence of an overpayment, the employer shall consider the agreed upon wage rate paid to the employee and whether the alleged overpayment appeared to the employee to be a new agreed upon rate of pay. When making a final determination regarding the amount of the deduction to be made per pay period and the date such deduction(s) shall commence, the employer shall consider the issues raised in the employee’s request regarding the amount of each deduction. (5) The failure of The County to afford this process to the employee will create the presumption that the contested deduction was impermissible. (6) Nothing in this policy shall be construed as abridging the rights of the employer or employee to seek redress in any other forum, including with the Department of Labor.

#8

RESOLUTION NO. 21-

(October 12, 2021)

By Ms. Grant, Chairman of the Human Service Committee:

ANTHONY SOLINA APPOINTED DIRECTOR OF VETERANS SERVICES

BE IT RESOLVED, That Anthony Solina, 2307 Sullivan Road, Arcade, NY 14009 be

hereby appointed to the position of Director of Veterans Services, pursuant to County Law §800,

for a term of two (2) years; effective September 13, 2021 through September 12, 2023.


#9

RESOLUTION NO. 21-

(October 12, 2021)


CHAIRMAN AUTHORIZED TO SIGN A GRANT APPLICATION AND ACCEPTANCE

AWARD WITH THE NEW YORK STATE DIVISION OF VETERANS’ AFFAIRS

ON BEHALF OF VETERANS SERVICES

BE IT RESOLVED, That the Chairman of this Board, with the approval of the County

Attorney, is hereby authorized and directed to sign a grant application and acceptance award

with New York State Division of Veterans’ Affairs, Matthew Courcelle OGS Division of

Financial Administration, PO Box 2166, Empire State Plaza, Albany, NY 12220-0282 on behalf

of Veterans Services. Said grant funding to provide services to veterans in our locality in a

minimum amount of ten thousand dollars ($10,000.00); effective April 1, 2021 through March

31, 2022.


#10

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION NUMBER 21-262 AMENDED

WHEREAS, Resolution Number 21-262 entitled, “CHAIRMAN AUTHORIZED TO

AWARD BID AND SIGN VARIOUS CONTRACTS ON BEHALF OF THE YOUTH

BUREAU” passed by this Board of Supervisors on June 8, 2021 and provides, in part, for the

following contract:

C & F Transportation, 420 Commerce Way, Warsaw, NY 14569 for transportation

services for preschoolers with disabilities in an amount not to exceed the 2021 ~ 2024

budget; effective July 1, 2021 through June 30, 2024.

Now therefore,

BE IT RESOLVED, That Resolution Number 21-262 be hereby amended to add a route

for the transportation of out-of-district students to Letchworth Little Learners.

All else remains the same.


#11

RESOLUTION NO. 21-

(October 12, 2021)


DOMESTIC VIOLENCE AWARENESS MONTH PROCLAIMED

WHEREAS, Domestic violence affects all residents of Wyoming County, and its

damage is inflicted not only upon victims, but their children, families and communities; sadly,

one in four individuals suffer abuse at the hands of their partner and these victims can be of any

age, race, religion, gender or economic status, and can endure extreme suffering and possible

long-term harm; and

WHEREAS, Wyoming County through its domestic violence programs take decisive

steps to strengthen the polices of New York State that hold domestic violence offenders

accountable and ensure the safety of victims and their children by focusing upon the improved

working relationship with legal, law enforcement, human services, education and healthcare

systems; and

WHEREAS, Wyoming County has dedicated individuals and organizations who work

daily to counter the problem of domestic violence and to help families obtain assistance they

need to be free from domestic violence; and

WHEREAS, Wyoming County is stronger when all citizens become aware of domestic

violence prevention; and

WHEREAS, Wyoming County residents will support victims of domestic violence and

will support the public and private entities that continuously strive to provide the best

coordinated response to domestic violence within the county, therefore sending a strong and

unwavering message to abusers that domestic violence will not be tolerated in this county; now

therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors does hereby

proclaim the Month of October 2021 as

DOMESTIC VIOLENCE AWARENESS MONTH

in Wyoming County and commend this observance to the citizens of this county.


#12

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION URGING THE GOVERNOR AND STATE LEGISLATURE TO ADJUST

THE EARLY INTERVENTION RATE STRUCTURE TO IMPROVE ACCESS TO

THESE SERVICES FOR CHILDREN WHO LIVE IN POVERTY AND/OR IN

RURAL AREAS

WHEREAS, The structure of the Early Intervention rate methodology promotes

inequitable availability of Early Intervention services in New York City and New York State;

and

WHEREAS, Because Early Intervention rates are set for entire counties, and there are no

requirements in the New York State Early Intervention Provider Agreement for providers to

serve the entire county that they have identified in their catchment area, providers are free to

choose which neighborhoods to provide Early Intervention services in; and

WHEREAS, Since the rates are flat across each county, there is no incentive for

providers to serve children in poverty, children who live in rural areas, or communities of color;

and

WHEREAS, The current structure of the Early Intervention methodology promotes

unequal availability of Early Intervention services in New York City and New York State; now

therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls on the

Governor and State Legislature to allocate State funding for a ten percent rate increase for

services provided to children in census tracts where the percentage of the population below

poverty is 20 percent or higher; and in areas that require service providers to travel excessive

amounts of time as identified by greater than 30 minutes in between provider sessions to provide

services for children; and be it

FURTHER RESOLVED, Any provider rate increase will be administered using State

funding to ensure localities are not subject to additional EI program expenses; and be it






#13

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION URGING THE STATE TO PRIORITIZE THE DISTRIBUTION OF

FEDERAL EMERGENCY RENTAL ASSISTANCE, AND CLARIFY ITS

HOMELESSNESS PREVENTION GOALS BY MAKING PERMANENT HOUSING THE

CENTRAL FOCUS

WHEREAS, Homelessness and housing affordability continue to be major concerns

across the state; and

WHEREAS, The COVID-19 pandemic has made the situation worse by placing an

estimated 830,000 New York households in jeopardy of losing their homes because of lost

income caused by the pandemic, with past due rent estimated in excess of $3.2 billion according

to analysis by the University of Southern California; and

WHEREAS, In December 2020, Congress provided New York State with $2.4 billion in

emergency rental assistance funding, which has been augmented with another $300 million in

federal/state funding; and

WHEREAS, This funding was provided by Congress to prevent people from losing their

homes and increasing homelessness; and

WHEREAS, The program did not open for applications until June 1, 2021 and faced

numerous implementation challenges with less than $2 million being expended in New

York by August 1, 2021; and

WHEREAS, Every county that received similar federal funding to prevent evictions was

strongly encouraged by the state to give their funding to the state so funds could be pooled and

the process for distributing funds could be streamlined (with nearly every county turning their

funds over); and

WHEREAS, The homeless population is facing new problems as the needs of families

have become more complicated; and

WHEREAS, Regardless of family size and demographics, many of those facing

homelessness or seeking emergency shelter can have challenging medical needs, mental health

and substance abuse issues, some are registered sex offenders, and still others are state prison

parolees or on probation; with some facing several of these challenges at the same time; and

WHEREAS, The state is implementing new hotel regulations that could reduce the

number of units available to homeless families and leaving county officials with very limited

options that may be less effective and more expensive in managing local homeless populations; and

RESOLUTION NO. 21-

October 12, 2021

Page 2

WHEREAS, The state requires counties to fund 71 percent of costs for Safety Net

individuals and 100 percent of the costs of administering these programs; and

WHEREAS, Local social service districts focus scarce resources on achieving permanent

housing, preventing homelessness and providing temporary placement; and

WHEREAS, Counties maintain that preventing homelessness in the first place is the best

way to keep families safe and secure; and

WHEREAS, Counties maintain that while it is important to provide help in a crisis, it is

better policy to maintain stability and prevent emergencies by providing sufficient resources up

front; now therefore


Governor and State Legislature to prioritize the distribution of the federal emergency rental

assistance to prevent unnecessary homelessness; and be it

FURTHER RESOLVED, The state should make permanency the central focus of

statewide homelessness policy; and be it

FURTHER RESOLVED, The State should coordinate a timely transition to supportive

housing for the highest need individuals with mental health and substance abuse issues in

collaboration with OTDA, other state agencies, and local social services districts; especially those

that have been repeatedly homeless and in need of supportive placements overseen by OMH,

OASAS, OPWDD and DOCCS; and be it

FURTHER RESOLVED, The state should target funding to counties that allows them to

work with community partners to develop service models that achieve permanency through

innovative and flexible approaches that meet local needs; and be it

FURTHER RESOLVED, The State should work with counties in developing a public

education campaign to ensure the public better understands the plight of families and individuals

struggling with homelessness and how everyone can benefit by helping them achieve stable

housing in our communities; and be it






#14

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION URGING NEW YORK STATE TO RENEW ITS COMMITMENT TO

PREVENT AND PROTECT CHILDREN FROM ABUSE AND NEGLECT BY

RESTORING STATE SHARE FUNDING LEVELS TO 65 PERCENT UNDER THE

EXISTING OPEN-ENDED CHILD WELFARE FINANCING MECHANISM WHEREAS, The current 62 percent/38 percent preventive, protective, adoption funding stream reflects a

reduction in the State's financial commitment to the well-being of children; and

WHEREAS, The reduction of State funding for these child welfare programs has made it more difficult

and costly for counties to provide services designed to keep children safe and to provide them with permanent

homes and reduced stays in foster care; and

WHEREAS, The COVID pandemic has made reaching children more difficult as many mandated reporters

have not been in direct contact with children due to state and federal social distancing restrictions and public health

protocols; and

WHEREAS, The safety and welfare of children should remain the State's highest priority; and

WHEREAS, The uncapped child welfare funding stream at 65 percent state share (which was lowered to

62 percent to backfill state budget shortfalls) provided counties with critical fiscal support allowing for the

development of innovative community-based programs that led to a dramatic reduction in the number of children in

the foster care system; and

WHEREAS, The gradual, but steady, pullback in State funding support for a variety of human services

programs including child welfare, adoption subsidies, food stamp administration, Family Assistance, Safety Net,

youth detention and foster care creates an environment in which the State is directly moving away from its

constitutional requirement to care for the needy, effectively forcing this State constitutional responsibility on county

government and local property taxpayers; and

WHEREAS, New York State enacted a two percent property tax cap which further exacerbates local

budget pressures while additional costs are shifted from the state to counties for state mandated programs; and

WHEREAS, The State Comptroller has recently identified in Monthly State Cash Reports that New York

State currently has over $16 billion in cash reserves; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors firmly believes the State should renew

its commitment to the well-being of children by restoring current funding levels to 65 percent state share, to be

matched with a 35 percent local share, under the existing open-ended child welfare financing mechanism; and be it

FURTHER RESOLVED, That the Clerk to the Board shall forward copies of this resolution to Governor

Kathy Hochul, New York State Senator Patrick Gallivan, New York State Assemblyman David DiPietro, the New

York State Association of Counties and all others deemed necessary and proper.


#15

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION IN SUPPORT OF A STATEWIDE PROGRAM TO TRAIN SCHOOL

RESOURCE OFFICERS IN ADDRESSING THE SAFETY AND SECURITY OF CHILDREN

WITH SPECIAL NEEDS

WHEREAS, In the interest of inclusion, children with special needs are enrolled in schools; and

WHEREAS, Children with special needs may require more care than their typically developing

peers; and

WHEREAS, Children with special needs who exhibit behavioral disturbances must be handled

with understanding, insight, and compassion; and

WHEREAS, It is in the best interest of those children that School Resource Officers (SROs) be

well trained in addressing their special needs, so as to carefully protect the safety and security, as well as

the legal rights, of those vulnerable populations; and

WHEREAS, The SRO training must be completed prior to an SRO being placed in a school

district and this provision shall take effect one year after enactment of this new training program; now

therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors Counties calls for the

creation of standardized, mandated training for SROs on the developmental needs of those children, and

their expressions of both visible and invisible disabilities, and strategies to interact with children with

special needs, in order to nurture and guide children with special needs in the school setting; and be it

FURTHER RESOLVED, NYSED in consultation with DCJS shall develop, adapt, or

implement a standardized, mandated training for SROs; and be it

FURTHER RESOLVED, That the creation of a standardized, State mandated training

(regionally accessible in-person or virtual) that educates SROs on the developmental needs as well as

expressions of both visible and invisible disabilities in order to nurture and guide children with special

needs in the school setting is necessary; and be it

FURTHER RESOLVED, That this initial training is completed prior to the start of the officer

interacting with the school population; and be it

FURTHER RESOLVED, That the officer shall complete an annual refresher training; and be it





#16

RESOLUTION NO. 21-

(October 12, 2021)

By Mr. Davis, Chairman of the Public Health Committee:

RESOLUTION CALLING ON GOVERNOR KATHY HOCHUL TO RESTORE THE

STATE-COUNTY SHARE OF THE COST OF 730.20 COMPETENCY RESTORATION

SERVICES AND MAKE REFORMS TO THE PROGRAM THERETO

WHEREAS, The SFY 2020-21 budget required counties to pay 100 percent of the OMH

State Operations costs for individuals receiving court-ordered mental health competency

restoration services at State-operated Forensic Psychiatric Centers; and

WHEREAS, Historically, counties have paid 50 percent of the per diem rate set by

OMH, which has now reached an unsustainable cost burden on county budgets; and

WHEREAS, The derivation of Section 43.03 of Mental Hygiene Law (MHL), dates back

to 1907 and allows the State to offset the costs of operating its Forensic Psychiatric Centers at

county expense; and

WHEREAS, This statute no longer reflects the current mental hygiene system or the

NYS Unified Court System and needs to be updated to be consistent with other statutes that

makes the State responsible for its own costs for the treatment of mentally ill individuals in

State-operated Forensic Psychiatric Centers; and

WHEREAS, OMH has also taken the position that the county mental health

commissioners are to receive limited information on the clients ordered to restoration; and

WHEREAS, As the full payors of these services, the commissioners must have timely

access to any pertinent client information as deemed necessary to effectively manage their

responsibilities under the mental hygiene law; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls on the State

to restore the historic 50/50 state/county share of mental health competency restoration services;

and be it

FURTHER RESOLVED, That counties must be allowed to participate in the restoration

and planning process for an individual's restorative care during the duration of their stay at an

OMH facility; and be it

FURTHER RESOLVED, That there must be a statutory timeframe and determination as

to when an individual is unable to be restored through forensic services (CPL §730.50); and be it

FURTHER RESOLVED, Criminal Procedure Law (CPL) §730.10 be modified to make

clear that restoration is not mental health treatment so that the judiciary is better informed that a

RESOLUTION NO. 21-

October 12, 2021

Page 2

730 order does not treat underlying mental health needs; and be it

FURTHER RESOLVED, CPL § 730.20 must be reformed to establish specific criteria

for 730 examiners, streamlining the process to establish equity across the system, and that the

psychiatrist or psychologist conducting the psychiatric exam tells the court whether or not there

is a reasonable chance of restoration, thereby granting the court an opportunity to allow diversion

to mental health treatment; and be it

FURTHER RESOLVED, The Wyoming County Board of Supervisors calls on New

York State to ensure that county directors of community services have timely access to any

patient clinical information necessary to effectively manage the county directors of community

services' responsibilities under mental hygiene law; and be it






#17

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION FOR ALLOCATING UNRESTRICTED RESOURCES TO LOCAL

HEALTH DEPARTMENTS TO FORTIFY PROVISION OF CORE PUBLIC HEALTH

SERVICES AN PREPARE FOR IMPLEMENTATION OF EXPANDED PUBLIC

HEALTH MANDATES

WHEREAS, Local health departments are New York State's partners and operational extensions,

working in the forefront of communities, addressing public health issues and serving as the first line of

defense against all public health crises by protecting communities and residents; and

WHEREAS, Activities led by the 58 local health departments are paramount to our collective

ability to achieve Prevention Agenda goals, address health disparities, improve health outcomes and

ensure community safety and stability; and

WHEREAS, Directors and commissioners of public health are health strategists within their

respective counties, with the unparalleled expertise needed to apply knowledge, bridge competency gaps,

lead multi-sector health improvements, and identify vulnerable populations; and

WHEREAS, Un- and under-funded public health mandates continue to emerge routinely,

including monitoring of contaminants in drinking water, registration of cooling towers, lowering of the

elevated blood lead level in children (EBLL), and most recently, all activities related to the COVID-19

response; and

WHEREAS, The state aid share for core public health services has not kept up with growing

public health needs, nor has it supported the implementation of new and expanded state mandates and has

not received an increase in core public health aid in more than six years, nor have they received adequate

compensation needed to respond to emerging health issues; and

WHEREAS, During the 2020-2021 State Budget Session, New York State became the epicenter

of a global pandemic that has required a surge in and restructuring of the existing public health and health

care infrastructure to ensure control of the virus and equitable distribution of COVID-19 vaccines; and

WHEREAS, During the 2021 Legislative Session, New York State adopted legislation to

legalize adult-use cannabis, which will require increased response including education, surveillance,

public awareness, and oversight by local health departments; and

WHEREAS, The public health workforce employed within local health departments are first

responders, working at the forefront of communities during times of need and when emerging health

issues occur, such as COVID-19 response; and

WHEREAS, Appropriations within the State Budget for public health spending has been reduced

year after year and new funding streams for emergency response activities are frequently accompanied

with stringent federal spending or supplanting restrictions that impact how funds can be utilized and

reduces flexibility to respond to local community needs; and

RESOLUTION NO. 21-

October 12, 2021

Page 2

WHEREAS, As demonstrated during the COVID-19 response, the public health workforce is

central to New York State's public health infrastructure, yet is dwindling due to public-sector budget

restraints, competition, a surplus of workers who are approaching retirement, and the inability to recruit

new workers in all areas throughout the state, and all of these factors culminate in significant workforce

retention challenges; and

WHEREAS, New York State does not allow local health departments to recover any of its

necessary or fringe expenses for local health department personnel under Article 6, therefore creating a

barrier to hiring new staff; and

WHEREAS, A thorough assessment of the full fiscal implications of any new policy is crucial if

the state desires to maintain its' promise to local taxpayers through the two percent state property tax cap,

and if the state wishes to deliver on new public health promises that they want to implement through state

statute and regulations; and

WHEREAS, Now, more than ever, is the time for a call to action to allocate the resources that

are truly needed to further expand public health and safety infrastructure in New York State, further

demonstrating the State's commitment to pass progressive public health policy and thereby protect the

residents of New York State; now therefore


State Legislature to provide resources, flexibility and support to local health departments within county

and New York City governments by:

Allocating unrestricted, flexible funding to local health departments so they have the resources

needed to respond to threats like COVID-19,

Restoring Article 6 reimbursement to New York City at 36 percent, the same rate as the rest of

the state,

Providing 100 percent reimbursement for the first full year of any new and/or significantly

expanded public health mandates emerging from law, rule, or regulation,

Maintaining state public health grant funding for local public health department activities and

services,

Extending the Imminent Threat to Public Health declaration as we continue to respond to

COVID-19, and

Expanding Imminent Threat to Public Health declarations for non-communicable disease

emergencies.

And be it





#18

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION SUPPORTING THE NEW YORK STATE OFFICE OF MENTAL

HEALTH'S (OMH) COLLABORATION WITH THE COUNTIES IN PLANNING AND

IMPLEMENTATION OF THE NATIONAL 988 SUICIDE PREVENTION HOTLINE

WHEREAS, The U.S. Federal Communications Commission (FCC) approved a proposal to implement a

new resource that will serve as a national suicide prevention and mental health crisis hotline, entitled the "National

Suicide Hotline Improvement Act of 2018"; and

WHEREAS, This Act designates 988 as "a simple, easy-to-remember, 3-digit dialing code" for a national

suicide prevention and mental health crisis hotline to help increase the effectiveness of suicide prevention efforts,

ease access to crisis services, and reduce the stigma surrounding suicide and mental health conditions; and

WHEREAS, The FCC ruling requires activation of 988 by July 2022 and involves sufficient local crisis

center capacity to answer the projected significant increase in contact volume, which in turn, requires

comprehensive state and local collaboration; and

WHEREAS, The Local Governmental Units (LGUs)/Directors of Community Services (DCSs) have

specific responsibilities and authority under the Local Services provisions of Article 41 of the NYS Mental Hygiene

Law (MHL) for planning, development, implementation, and oversight of services to adults and children in their

counties affected by mental illness, addiction, and intellectual/developmental disabilities (I/DD); and

WHEREAS, The LGUs/DCSs have reported increases to inpatient/outpatient needs, calls to crisis services

lines, homelessness, overdose deaths, addiction relapse, and suicide attempts; and

WHEREAS, County governments already plan for and implement comprehensive crisis response plans

that may involve local crisis hotlines/call centers operated by either the county or through various contracted

providers and in collaboration of these services with neighboring counties; and

WHEREAS, The LGUs/DCSs strongly support OMHs leadership and continued collaboration and

involvement of the County Mental Health Commissioners in the planning and implementation in the rollout of the

988 response through the 988 State Planning Coalition; and

WHEREAS, The NYS Conference of Local Mental Hygiene Directors (CLMHD) supports the planning

and successful implementation of this new crisis response throughout NYS and looks to OMH and other relevant

state agencies for continued partnership and funding; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls on the Governor and the

Division of Budget to ensure appropriate federal and state aid funding is directed to OMH and appropriately

allocated to the counties to facilitate the provision of the 988 crisis response going forward; and be it





#19

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION URGING THE GOVERNOR AND LEGISLATURE TO ADDRESS THE

SEVERE DEFICIT OF QUALIFIED HOME HEALTH CARE PROFESSIONALS

IN NEW YORK

WHEREAS, COVID-19 has dramatically increased the demand for in home services, with

clients and their families preferring to receive care in their own homes rather than in nursing homes; and

WHEREAS, New York has not been able to attract qualified home health care professionals to

fulfill these needs even before COVID-19, and we need concrete solutions to address this urgent need;

and

WHEREAS, "The American Rescue Plan Act of 2021" contains a spending plan supporting three

categories one of which is Supporting and Strengthening the Direct Care Workforce; and

WHEREAS, The rate increases that are part of the American Rescue Plan Act of 2021 which

expands capacity of programs and access does not directly give any compensation to the direct line staff;

and

WHEREAS, County officials recommend the Department of Health (DOH) consider the

following to address recruitment and retention shortcomings for our long-term care workforce:

career ladders,

assistance with transportation (car loan forgiveness) or bus passes,

a traveling per diem staff pool,

assistance with childcare,

job sharing,

career milestone incentives, among others, and

standardizing language and communication needs; and

WHEREAS, Counties stand at the ready to be part of this solution/dialogue to address

recruitment and retention of qualified home health care professionals so we can all fulfill our mission and

have our communities safely age in place in their own homes; now therefore


Legislature to support programs that will encourage recruitment and retention in our long-term care

workforce; and be it

FURTHER RESOLVED, The state needs to demonstrate a real partnership now, to ensure

families and individuals can find qualified home health care professionals in New York; and be it





#20

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION CALLING ON THE GOVERNOR AND THE LEGISLATURE TO

SUSPEND ANY FURTHER STATE DIVERSION OF LOCAL SALES TAX FOR

DISTRESSED HEALTH FACILITIES AND WORK TO IMMEDIATELY

SUNSET THE LAW

WHEREAS, Over the last two budget cycles the State has enacted legislation to divert

local sales tax so it can be spent in support of a state programs or to backfill state budget

shortfalls; and

WHEREAS, The state diversion of county and New York City sales tax is approaching

$1 billion since first enacted three years ago; and

WHEREAS, In addition to the state sales tax diversions, counties were subject to a five

percent state reimbursement cut of $160 million in SFY 2021, while also being required to fund

expanded state programs with no state fiscal support, and, when combined, these state funding

cuts and new local costs are approaching $1 billion annually for the counties outside of New

York City; and

WHEREAS, Sales tax is the number one revenue source for many counties across the

state and the primary local revenue to support services in our communities, especially for

frontline workers responding to and facilitating recovery efforts from the pandemic; and

WHEREAS, Sales tax is also the number one local revenue source for counties that help

keep property taxes lower, including those of hundreds of cities, towns and villages across the

state that receive a share of the county sales tax; and

WHEREAS, The largest state diversion of county and New York City sales tax was

enacted to support a temporary, two-year, $250 million annual fiscally distressed health facilities

pool to help them with fiscal impacts caused by the pandemic with this diversion scheduled to

sunset at the end of SFY 2022; and

WHEREAS, As of September 2021, $375 million in local sales tax has been diverted by

the state with none of this funding being distributed to health facilities in New York; and

WHEREAS, The support of fiscally distressed health facilities has been a federal and

state responsibility for decades as they set nearly all the rules of operation for the healthcare

system, as well as the reimbursement levels for Medicare, Medicaid and other public health

programs which account for nearly half of all health care expenditures in the United States; and

WHEREAS, The State Legislature does not support the diversion of local sales tax to

RESOLUTION NO. 21-

October 12, 2021

Page 2 pay for what they view as a state responsibility if they feel such assistance becomes necessary;

and

WHEREAS, Congress recognized the fiscal stress that health facilities shouldered during

the pandemic; and

WHEREAS, Congress has authorized $178 billion in direct payments to health care

facilities and providers through several different federal COVID response bills; and

WHEREAS, Healthcare facilities and providers in New York State have received $11.6

billion in federal assistance so far, with $40 billion of the federal funding still to be distributed;

and

WHEREAS, According to press statements from Senators Schumer and Gillibrand, these

federal payments replaced 87 percent of the lost revenues for health facilities in New York

through the first half of 2020; now therefore


Governor and State Legislature to suspend any further diversions of local sales tax for this

program, as the Governor declared the COVID public health emergency had ended as of June 24,

2021, and begin work to sunset the law immediately; and be it






#21

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION FOR EXPANDING VACCINATION ACCESS, DEVELOPMENT OF A

RECORD KEEPING REQUIREMENT, AND EXPANDING THE ROLE OF PHARMACISTS IN

VACCINATION ADMINISTRATION FOR NEW YORKERS

WHEREAS, Local health departments are New York State's partners and operational extensions,

working in the forefront of communities, addressing public health issues and protecting communities and

residents from all public health crises, including COVID-19; and

WHEREAS, New York State (NYS) does not require the reporting of all adult immunizations

administered without consent of the person receiving the vaccine in New York State Immunization

Information System or Citywide Immunization Registry; and

WHEREAS, It is challenging to adequately strategize around adult vaccination coverage and

reduce disease burden because of a lack of complete vaccination records for adults;

and

WHEREAS, Enabling decision support and facilitating targeted outreach to neighborhoods and

groups that have low uptake would help ensure equitable access throughout NYS; and

WHEREAS, NYS has some of the most restrictive pharmacist vaccination laws in the country;

and

WHEREAS, Allowing pharmacists to administer all ACIP-recommended vaccines,

would improve vaccine coverage in the city and the state for critical vaccines such as COVID-19,

hepatitis A, mumps, meningitis, pertussis, and measles; and

WHEREAS, Pharmacists are convenient and trusted community providers who can improve

vaccine access, particularly for underserved populations who do not have a primary care provider; and

WHEREAS, The role of pharmacists should not replace recommended primary care provider

visits; now therefore


State Legislature to pass legislation that would:

Amend NYS Public Health Law (PBH) § 2168 to require health care providers, registered

professional nurses, and pharmacists to report to the NYS Department of Health, or, for health

care providers located in New York City, NYC Department of Health, all adult immunizations

administered without consent of the person receiving the vaccine; and

Expand pharmacist authority to permanently allow pharmacists to administer all

immunizations recommended by the Centers for Disease Control and Prevention's Advisory

Committee on Immunization Practices (ACIP) to adults 18 years of age and older; and be it





#22

RESOLUTION NO. 21-

(October 12, 2021)




SIGN A CONTRACT WITH PEERS TOGETHER OF WYOMING COUNTY ON

BEHALF OF MENTAL HEALTH,” passed by this Board of Supervisors on December 8,

2020 and provides for peer operated programs in an amount not to exceed three hundred one

thousand twelve dollars ($301,012.00); effective January 1, 2021 through December 31, 2021;

and

WHEREAS, That Resolution Number 20-507 was previously amended by this Board of

Supervisors on August 10, 2021 by Resolution Number 21-344 to reflect an increase in state aid

for a new contract amount not to exceed three hundred four thousand sixteen dollars

($304,016.00); now therefore

BE IT RESOLVED, That Resolution Number 20-507 as previously amended by

Resolution Number 21-344 be hereby further amended to reflect an increase in state aid for a

new contract amount not to exceed three hundred four thousand two hundred thirty-two dollars

($304,232.00).



#23

RESOLUTION NO. 21-

(October 12, 2021)



AWARD WITH PREVENTIONFOCUS ON BEHALF OF MENTAL HEALTH



with PreventionFocus, Inc., 69 Linwood Avenue, Buffalo, NY 14209 on behalf of Mental

Health. Said grant funding for opioid prevention activities in a minimum amount of five

thousand dollars ($5,000.00); effective September 10, 2021 through September 30, 2021.


#24

RESOLUTION NO. 21-

(October 12, 2021)


ANTHONY SOLINA APPOINTED TO THE MENTAL HEALTH SUBCOMMITTEE

BE IT RESOLVED, That Anthony Solina, 5362 Mungers Mill Road, Building A, Silver

Springs, NY 14550 is hereby appointed to the Mental Health Subcommittee to fill a vacant

unexpired term; effective October 12, 2021 through December 31, 2023.


#25

RESOLUTION NO. 21-

(October 12, 2021)


CHAIRMAN/COMMISSIONER OF HEALTH AUTHORIZED TO SIGN VARIOUS

GRANT APPLICATIONS AND ACCEPTANCE AWARDS ON BEHALF OF THE

COUNTY HEALTH DEPARTMENT

BE IT RESOLVED, That the Chairman of this Board and the Commissioner of Health,

with the approval of the County Attorney, are hereby authorized and directed to sign various

grant application and acceptance awards as follows:

Health Research, Inc./New York State Department of Health (HRI/NYSDOH), 150

Broadway, Suite 516, Menands, NY 12204 to fund the NYS Public Health Corps (PHC)

Fellowship Program contract agreement in a minimum amount of five hundred forty-

eight thousand seven hundred fifty-two dollars ($548,752.00); effective September 1,

2021 through July 31, 2023.

New York State Department of Health, Corning Tower, ESP, Albany, NY 12237 for

funding of Early Intervention administration in a minimum amount of thirty-one

thousand six hundred seventy-one thousand dollars ($31,671.00) annually; effective

October 1, 2021 through September 30, 2026.

New York State Department of Health (NYSDOH), Corning Tower, Albany, NY 12237

for funding of COVID-19 vaccine response contract agreement in a minimum amount

of one hundred seventy-six thousand six hundred sixty-two dollars and fourteen cents

($176,662.14); effective January 1, 2021 through June 30, 2024.


#26

RESOLUTION NO. 21-

(October 12, 2021)



WHEREAS, Resolution Number 20-446 entitled, “CHAIRMAN/COMMISSIONER

OF HEALTH AUTHORIZED TO SIGN A GRANT APPLICATION AND

ACCEPTANCE AWARD WITH THE NEW YORK STATE OFFICE OF CHILDREN

AND FAMILY SERVICES (OCFS) ON BEHALF OF THE COUNTY HEALTH

DEPARTMENT” was passed by this Board of Supervisors on November 10, 2020 and provides

for the Preschool Development Grant Birth through Five “Baby Bundle” Program in a minimum

amount of seventeen thousand one hundred ninety-four dollars ($17,194.00); effective October

15, 2020 through December 31, 2021; now therefore

BE IT RESOLVED, That Resolution Number 20-446 be hereby amended to extend the

grant end date through December 31, 2022.



#27

RESOLUTION NO. 21-

(October 12, 2021)

By Mr. Klein, Chairman of the Agriculture Committee:

RESOLUTION IN SUPPORT OF RESEARCH INTO HARMFUL ALGAL BLOOM

PREVENTION AND MITIGATION

WHEREAS, Harmful algal blooms (HABs) and hypoxic events (severe oxygen

depletion) are some of the most scientifically complex and economically damaging issues

challenging our ability to safeguard the health of our nation's aquatic ecosystems; and

WHEREAS, Almost every state in the union now experiences some type of a type of

HAB event, and the number of hypoxic water bodies in the U.S. has increased 30-fold since the

1960s, with over 300 aquatic life systems now impacted; and

WHEREAS, Congress has long recognized the severity of these threats, authorizing the

Harmful Algal Bloom and Hypoxia Research and Control Act (HABHRCA) in 1998 and

reaffirming and expanding the mandate for the National Oceanic and Atmospheric

Administration (NOAA) to advance the scientific understanding and ability to detect, monitor,

assess, and predict HAB and hypoxia events with the HABHRCA Amendments Act of 2004; and

WHEREAS, Congress most recently reauthorized HABHRCA through the National

Integrated Drought Information System in 2018; and

WHEREAS, A 2006 study shows that the economic impacts from a subset of HAB

events in U.S. marine waters averaged to be $82 million/year (2005 dollars), and we now know

the nationwide economic impact of HABs to be much larger, as just one major HAB event can

cost local economies tens of millions of dollars; and

WHEREAS, A host of recent university and agency studies are developing an

understanding of acute and chronic human health considerations associated with harmful algal

blooms; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors the renewal of the

Harmful Algal Bloom and Hypoxia Research and Control Act and encourages the Environmental

Protection Agency (EPA) to collaborate with NOAA to identify nutrient reduction strategies and

scalable Harmful Algal Bloom mitigation processes; and






#28

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION IN SUPPORT OF THE RIGHT TO REPAIR

WHEREAS, The presence of technology parts in modern equipment and devices has

enabled manufacturers like Apple, General Motors, Toyota, and John Deere to reduce access to

repair by proclaiming that repair might violate their proprietary rights; and

WHEREAS, This creates a monopoly on repair services by requiring consumers to pay

for these services exclusively through the manufacturer's repair division or manufacturer-

authorized repair providers; and

WHEREAS, Limited authorized repair channels have result in inflated, high prices; poor

service or non-existent service in rural areas; unnecessarily high turnover rates for electronic

products; and a significant amount of electronic waste; and

WHEREAS, This is an acute problem for the agricultural industry, as equipment

manufacturers often stop supporting old software when they introduce a new version, making it

nearly impossible for farmers to repair existing equipment; and

WHEREAS, The lack of a "right to repair" not only forces current farmers to invest in

costly new equipment or repairs to continue their work but also acts as a barrier for young

farmers who lack access to capital to acquire these technologies when starting their farms; and

WHEREAS, On July 6, 2021, the U.S. Department of Agriculture acknowledged this as

a significant problem when it announced that it will engage in a series of rulemakings to increase

competition in agricultural industries with the goal of boosting farmers' and ranchers' earnings,

fighting back against abuses of power by giant agribusiness corporations, and giving farmers the

right to repair their own equipment how they like; and

WHEREAS, Lawmakers in more than 35 states have introduced right-to-repair bills,

including Delaware, New Jersey, Pennsylvania and Massachusetts, and states like Arkansas,

Kansas and Vermont are considering right-to-repair laws specifically for agricultural equipment;

and

WHEREAS, On June 10, 2021, the New York Senate passed the Digital Fair Repair Act

(A.7006 (Fahy)/S.4104 (Breslin)) by a 51-12 vote, making it the first legislative body in the

nation to pass a bill that would require original equipment manufacturers (OEM) to make

diagnostic information, spare parts, schematics, special tools, and firmware available to

independent repair providers; and

WHEREAS, On June 11, 2021, Representative Joe Morelle introduced the federal Fair

Repair Act (H.R. 2006) to guarantee consumers and small businesses a right to repair their own

RESOLUTION NO. 21-

October 12, 2021

Page 2

products by requiring manufacturers to make diagnostic repair information, parts, and tools

readily available; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls upon the

Assembly to pass and the Governor to sign the Digital Fair Repair Act (A.7006/S.4104); and be

it

FURTHER RESOLVED, That the Wyoming County Board of Supervisors calls upon

the House of Representatives to pass the Fair Repair Act (H.R. 2006); and be it






#29

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION IN SUPPORT OF NEW YORK STATE SHARING AGRICULTURAL

MITIGATION FEES WITH COUNTIES TO SUPPORT COUNTY AGRICULTURE

AND FARMLAND PROTECTION INITIATIVES

WHEREAS, The New York State Energy, Research and Development Authority

(NYSERDA) and the New York State Department of Agriculture and Markets (AGM) have

entered into a Memorandum of Understanding (MOU) regarding the assessment and collection

of an Agricultural Mitigation Fund payment for certain proposed solar projects over 30 acres

located in an agricultural district; and

WHEREAS, NYSERDA and AGM have agreed to work with solar project developers to

obtain mutually acceptable project modifications to protect agriculture and associated resources

from its adverse impacts; and

WHEREAS, NYSERDA's 2020 Request for Proposals (RFP)1 and future RFPs will

include language advising all respondents to such RFPs of the new Agriculture Mitigation Fund

Payment requirements and will include the information necessary for respondents to calculate

any mitigation costs in the preparation of their bids; and

WHEREAS, The agreements will require payment to an Agriculture Mitigation Fund in

an amount calculated at commercial operation date (COD), at which time the final actual

agricultural conversion of mineral soil groups one through four (MSG 1-4)2 can be accurately

calculated, and the final offsetting value of an implemented co-agricultural measures, if any, can

be considered; and

WHEREAS, Solar bid facilities in agricultural districts awarded by NYSERDA may be

responsible for making an agricultural mitigation payment to a designated fund administered by

NYSERDA based on the extent to which the solar project footprint, defined as the facility area,

overlaps with land classified as MSG 1-4; and

WHEREAS, NYSERDA has agreed to work with AGM to administer the funds received

through mitigation payments; however, the MOU provides no direction or guidance on how

these funds should be spent to mitigate the impacts of the proposed solar projects on farmland

and in agricultural districts; and

WHEREAS, The Wyoming County Board of Supervisors supports the need for effective

agricultural mitigation at the county level to balance the often-competing goals of expanding

renewable solar project development capacity and the protection of critically important

agriculture and farmlands across New York State; and

RESOLUTION NO. 21-

October 12, 2021

Page 2

WHEREAS, The Wyoming County Board of Supervisors supports the protection of

important farmland and soils, agriculture district designations, and the implementation of

agriculture and farmland protection plans by counties across New York State; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls upon

NYSERDA to share up to 50 percent of the Agriculture Mitigation Fund payments received with

the counties in which solar projects are being proposed and where impacts to existing

agricultural districts are occurring; and be it

FURTHER RESOLVED, That Agriculture Mitigation Fund payments received by

NYSERDA and made available to impacted counties shall be used by such county for the

purposes of implementing farmland protection plans, measures, and projects consistent with their

approved Agriculture and Farmland Protection Plan (AFPB) with a preference for planning,

zoning, and farmland protection efforts in the same municipality/area as where such solar

projects are being developed; and be it

FURTHER RESOLVED, That any Agricultural Mitigation Fund payments collected by

NYSERDA for projects pursuant to either the Article 10 or the 94c review process also be shared

with the county in which such project is being developed; and be it






#30

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION IN SUPPORT OF PROPOSED NEW YORK STATE DEPARTMENT OF

ENVIRONMENTAL CONSERVATION REGULATION ALLOWING COUNTIES TO

ANNUALLY OPT-OUT OF THE END-OF-YEAR, “HOLIDAY HUNT” SLATED TO

OCCUR BETWEEN DECEMBER 26TH

AND JANUARY 1ST

WHEREAS, On September 15, 2021 the New York State Department of Environmental

Conservation announced the release of a proposed regulation that, if adopted, would allow

counties to opt out of the recently established end-of year deer hunt, slated to occur annually

between December 26 and January 01. The ‘holiday hunt’ is an extension of the late bow and

muzzleloader deer season in New York’s Southern Zone; and

WHEREAS, The Wyoming County Board of Supervisors passed resolution number 20-

405 entitled, “Opposition to a Proposed Late Deer Season Regulation,” on October 13, 2020

siting 279 miles of trails maintained throughout Wyoming County by snowmobile clubs that do

not open until after the end of big game season; and

WHEREAS, Many small businesses support and depend on the snowmobile trails that

pass by their establishments, many of which were abruptly closed due to COVID-19, and are

only now starting to get back on their feet. Delaying the economic support that snowmobile

activity provides is unacceptable; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors respectfully and

strongly urges the New York State Department of Environmental Conservation to adopt the

proposed opt out regulation; and be it

FURTHER RESOLVED, That the Clerk to this Board shall forward copies of this

resolution to:

New York State Governor Kathy Hochul

New York State Department of Environmental Conversation (NYSDEC) Commissioner

Basil Seggos

New York State Senator Patrick Gallivan

New York State Assemblyman David DiPietro

New York State Association of Counties

Inter County Association of Western New York


#31

RESOLUTION NO. 21-

(October 12, 2021)


ORDER OF PROTECTION FOR DEER APPROVED

WHEREAS, The Wyoming County Department of Animal Control has indicated that

there is a potential for unnecessary loss to the white tail deer population within the County of

Wyoming due to anticipated weather conditions; now therefore,

BE IT RESOLVED, That this Board hereby orders and requires that all dogs in the

County of Wyoming shall be securely confined for the period of November 1, 2021 through

April 1, 2022, under Article 7, Section 122 of the New York State Agriculture and Markets Law.

A dog shall not be deemed to be in violation of such order if accompanied by and under the

full control of the handler; and be it

FURTHER RESOLVED, That notice of this Order shall be given publication in the

following newspapers of general circulation within the County of Wyoming:

Perry Herald, Perry, New York

Daily News, Batavia, New York

and be it

FURTHER RESOLVED, That the Clerk of this Board shall file a certified copy of this

Order in the office of each Town Clerk and Village Clerk in the County and with the

Commissioner of the Department of Agriculture and Markets of the State of New York.


#32

RESOLUTION NO. 21-

(October 12, 2021)


CONFINEMENT OF DOGS IN WYOMING COUNTY AUTHORIZED

BE IT RESOLVED, That this Board hereby orders and requires that all dogs in the

County of Wyoming shall be securely confined between sunset and one hour after sunrise for the

period January 1, 2022 through Midnight, December 31, 2022, under Article 7, Section 122 of

the New York State Agriculture and Markets Law. A dog shall not be deemed to be in violation

of such order if accompanied by and under the full control of the handler; and be it

FURTHER RESOLVED, That notice of this Order shall be given publication in the

following newspapers of general circulation within the County of Wyoming:

Perry Herald, Perry, New York

Daily News, Batavia, New York

and be it

FURTHER RESOLVED, That the Clerk of this Board shall file a certified copy of this

Order in the office of each Town Clerk and Village Clerk in the County and with the

Commissioner of the Department of Agriculture and Markets of the State of New York.


#33

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION IN RECOGNITION OF HANNAH SPICER AND RACHAEL PADDOCK

FOR REPRESENTING THE WYOMING COUNTY SHOOTING SPORTS CLUB

AND NEW YORK STATE AT THE 4-H NATIONAL CHAMPIONSHIP IN

GRAND ISLAND, NEBRASKA

WHEREAS, The 4-H Youth Development Program is an incredible opportunity for

youth in Wyoming County to gain invaluable life skills in developing their own projects and

participating in club-based activities that help them grow in character, commitment, community

services and responsibility. Youth are encouraged to work hard to achieve their highest

potential; and

WHEREAS, One of the programs offered is the 4-H Shooting Sports Club

which is designed to:

teach decision making, teamwork, self-discipline, self-confidence, and

problem solving;

promote the highest standards of safety, sportsmanship, and ethical behavior;

encourage an appreciation and understanding of natural resources;

develop leadership abilities;

build character and willingness to assume citizenship responsibility;

furnish enjoyable, positive relationships with peers and adult instructors;

strengthen families through participation in lifelong recreational activities; and

build awareness of related career opportunities; and

WHEREAS, Rachael Paddock and Hannah Spicer have been members of 4-H and

participated in the Shooting Sports Club since they were six and eight years old respectively.

They have competed throughout New York, Pennsylvania and Ohio and both previously

recognized as “4-H’er of the Year”; and

WHEREAS, This year, they represented the Wyoming County Shooting Sports Club and

New York State at the 4-H National Championship in Grand Island, Nebraska. Thirty-two states

sent competitors to this national championship where Hannah placed 6th

in the 3-position air rifle

and Rachael placed 1st. In the standing match, Hannah earned 15

th and Rachael 10

th; now

therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors would like to

congratulate both of these young ladies on their accomplishments and thank them for

representing Wyoming County so well!


#34

RESOLUTION NO. 21-

(October 12, 2021)


SPECIFIC SHORT ENVIRONMENTAL ASSESSMENT FORM (EAF) RELATED TO

THE AGRICULTURAL DISTRICT PROGRAM ADOPTED

WHEREAS, The State Environmental Quality Review Act (“SEQRA”) and its

corresponding regulations (6 NYCRR Parts 617 and 618) define those situations in which

particular state and local actors must conduct an environmental review as part of their decision-

making process; and

WHEREAS, In relation to agricultural districts certified pursuant to Article 25-AA of the

Agriculture & Markets Law (“AML”), SEQRA applies to the adoption, modification,

continuation, consolidation and termination of agricultural districts; and

WHEREAS, If an agricultural district is modified, consolidated or terminated upon its

review, the modification, consolidation or termination would be deemed an Unlisted Action

under SEQRA, requiring the completion of a short Environmental Assessment Form (EAF) to

determine environmental significance; and

WHEREAS, The attached short EAF form is being adopted for use in review of actions

designated as an “Unlisted Action” pursuant to the State Environmental Quality Review Act

(SEQRA), and which involve the modification of an existing Agricultural District; and

WHEREAS, The Wyoming County Board of Supervisors provided notice and a public

hearing was held on the 12th

day of October 2021 for opportunity to hear all interested parties

and to receive comments to consider the adoption of a specific short Environmental Assessment

Form (EAF) related to the Agricultural District Program; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors hereby adopts the

attached short Environmental Assessment Form (EAF) for use in review of actions designated

as an “Unlisted Action” pursuant to the State Environmental Quality Review Act (SEQRA), and

which involve the modification of an existing Agricultural District as described in Article 25-

AA of the Agriculture and Markets Law (AML) pursuant to Environmental Conservation Law

Article 8, and Part 617.14(a) of Title 6 of (NYCRR), which states, in relevant part, a

requirement that “all agencies to adopt and publish, after public hearing, any additional

procedures that may be necessary for them to implement SEQR”.


#35

RESOLUTION NO. 21-

(October 12, 2021)

By Mr. Leuer, Chairman of the Planning Committee:

RESOLUTION URGING THE STATE OF NEW YORK AND FEDERAL

GOVERNMENT TO EXPAND TRUE BROADBAND COVERAGE TO ALL

NEW YORKERS

WHEREAS, Former Governor Andrew Cuomo, in his 2021 State of the State address,

stated that more than 98 percent of New York's residences and businesses have access to one or

more high-speed wired and/or wireless broadband services; and

WHEREAS, In reality, based on data gathered directly from schools, municipalities, and

other organization, there are large gaps in broadband service across rural and upstate New York;

and

WHEREAS, Maps developed by the Federal Communications Commission (FCC)

misrepresent the accessibility of broadband service and these inaccurate maps are often

referenced by agencies and grantees; and

WHEREAS, Even in areas where broadband is purported to be available, the level of

service is not sufficient to constitute true broadband access; and

WHEREAS, The prices for access to broadband in areas where it might be available is at

a price point that continues to make it inaccessible to many New Yorkers; and

WHEREAS, Our residents need access to reliable and affordable broadband service for

school, employment, telehealth, retail, and social aspects of life; and

WHEREAS, As we have seen in the face of this pandemic, broadband serves a vital need

for breaking down the digital divide that creates groups of haves and have-nots within our state;

and

WHEREAS, H.R. 3684, the Infrastructure Investment and Jobs Act, includes $42.45

billion for broadband expansion, to be allocated to states throughout the United States; and

WHEREAS, This legislation also mandates that states establish a process for allowing

local coordination of funds; and

WHEREAS, The local coordination requirements established under this legislation shall

include, at a minimum, an opportunity for political subdivisions to submit plans for consideration

by the state and allow political subdivisions to comment on the initial proposal of the state before

it is submitted to the federal government; and

WHEREAS, Broadband access provides a critical public infrastructure need for New

York residents, towns, municipalities, counties, emergency services, and more; now therefore

RESOLUTION NO. 21-

October 12, 2021

Page 2

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls upon

Congress to pass H.R. 3684 and for President Biden to sign the bi-partisan legislation into law;

and be it

FURTHER RESOLVED, That the FCC finalizes broadband availability maps to both

reflect the true need, and also provide for a rapid vehicle to deploy these funds; and be it

FURTHER RESOLVED, That Governor Kathy Hochul work expeditiously with our

federal partners to maximize funds for the State of New York so together, we can expand true

broadband access to all areas of New York State; and be it

FURTHER RESOLVED, That Governor Kathy Hochul and our federal and state

legislative delegations work to ensure this vital economic development infrastructure need is

available to all New Yorkers to prevent the further isolation those in need; and be it

FURTHER RESOLVED, The state of New York must reduce the cost of fiber rights-of-

way and infrastructure upgrades for providers working to expand broadband in communities

across the state; and be it


resolution to President Joseph R. Biden, Jr., Governor Kathy Hochul, New York State Senator

Patrick Gallivan, New York State Assemblyman David DiPietro, the New York State Association

of Counties and all others deemed necessary and proper.


#36

RESOLUTION NO. 21-

(October 12, 2021)


SUPPORT FOR THE NEW YORK STATE LEGISLATURE TO ESTABLISH AN EXTENDED

PRODUCER RESPONSIBILITY SYSTEM FOR PACKAGING AND PRINTED PAPER

WHEREAS, Packaging and printed paper, which includes plastic, steel, aluminum, and glass

containers, boxboard, cardboard and cartons, and newsprint and magazines, constitutes

approximately 40 percent of the materials by weight managed by municipalities and solid waste

authorities in New York State; and

WHEREAS, Local municipal governments in New York State are required to fund the

management of discarded consumer packaging and printed paper and to take responsibility for

achieving waste diversion goals, which is an unfunded mandate; and

WHEREAS, International and domestic market shifts have resulted in significantly

increased costs for local governments and taxpayers in New York State to manage consumer

packaging and printed paper waste; and

WHEREAS, Such costs to municipalities and recycling system ratepayers in 2021 are

estimated at over $80 million statewide; and

WHEREAS, State and local governments have no input into the design or marketing of

packaging and printed paper materials and do not have the resources to adequately address the rising

volume or increasing complexity of discarded packaging and printed paper materials; and

WHEREAS, Some packaging now includes combinations of materials that make recycling

impractical; and

WHEREAS, Costs paid by citizens and local governments to manage packaging and printed

paper are, in effect, subsidies to producers that enable and encourage producers to design packaging

and printed paper materials without regard to end-of-life management; and

WHEREAS, Producers have little incentive to design packaging or printed paper to

minimize waste, reduce toxicity, or maximize recyclability, creating a supply chain disconnect with

environmentally sound, end-of-life management of these consumer materials; and

WHEREAS, Extended Producer Responsibility ("EPR") is an environmental policy

approach in which producers (brand owners and importers) accept responsibility for the management

of post-consumer products and packaging so those who produce these materials help bear the costs of

recycling; and

WHEREAS, EPR programs for packaging and printed paper have existed for up to 30 years

in all EU member states, across Canada, and other parts of the world, achieving recycling rates for

packaging and printed papers upwards of 80 percent; and

RESOLUTION NO. 21-

October 12, 2021

Page 2 WHEREAS, New York State Senator Todd Kaminsky and Assemblyman Steven

Englebright have proposed legislation (S.1185-C/A.5801) that will establish an EPR system for

consumer packaging and printed paper, which would require producers to pay for recycling the

packaging and printed paper they introduce into the marketplace; and

WHEREAS, S.1185-C (Kaminsky)/A.5801 (Englebright) would incentivize producers to:

Reduce packaging waste;

Make it easier to recycle the material they generate; and

Invest in modernizing local recycling infrastructure across New York State; and

Financially support ongoing public education to help residents recycle properly and

minimize contamination in the recycling stream; and

WHEREAS, EPR can work in tandem with and supplement New York State's Returnable

Container Act; and

WHEREAS, When producers are responsible for ensuring their materials are reused or

recycled responsibly, and when health and environmental costs are included in the product price,

there is an incentive to design for reduction, recyclability, and reduced toxicity; and

WHEREAS, EPR is a form of industry-led recycling that creates jobs and economic

development in direct proportion to the amount of material recycled, encourages infrastructure

investment, and reduces government costs; and

WHEREAS, Businesses that provide take-back opportunities for their customers or

participate in EPR programs can gain a distinct advantage in the marketplace, create customer

loyalty, and enhance the image of their brand; and

WHEREAS, Notwithstanding mention of "printed paper" in this resolution, the Wyoming

County Board of Supervisors supports the fact that Section 27- 30 330i(d)(ii) of Senate Bill 1185(C),

the latest version of the bill, specifies that "periodicals, magazines, newspapers or literary, text, and

reference bound books" are not included in the legislation; and

WHEREAS, The business community should be heard on objections and concerns to ensure

job creation and retention are not jeopardized in the State of New York; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors urges Governor

Kathy Hochul and the New York State Legislature to enact an EPR program for packaging and paper

products; and

FURTHER RESOLVED, That the Clerk to the Board shall forward copies of this resolution

to Governor Kathy Hochul, New York State Senator Patrick Gallivan, New York State Assemblyman

David DiPietro, the New York State Association of Counties and all others deemed necessary and

proper.


#37

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION IN SUPPORT OF THE INCLUSION OF WASTE-TO-ENERGY IN THE

FEDERAL PRODUCTION TAX CREDIT, CLEAN ENERGY STANDARD, AND

CLIMATE PROGRAMS

WHEREAS, Local governments have invested billions of dollars in waste-to-energy (WTE) as an

environmentally conscientious alternative to landfilling; and

WHEREAS, There are 76 WTE facilities in the United States, processing nearly 94,000 tons of municipal

solid waste per day; and

WHEREAS, These facilities produce enough energy from waste to power 2.3 million homes and recover

more than 700,000 tons of metals annually; and

WHEREAS, These facilities accomplish this while reducing the volume of waste landfilled by up to 70-90

percent, preserving valuable land and eliminating the environmental and traffic impacts associated with the long-

distance transportation of waste; and

WHEREAS, WTE also has significant greenhouse gas reduction benefits, as WTE facilities avoid one ton

of CO2 equivalent emissions for every ton of waste processed by avoiding landfill methane generation and recycling

recovered metals, among other offsets; and

WHEREAS, WTE is recognized by both the U.S. Environmental Protection Agency (EPA) and the

European Union (E.U.) as superior to landfilling for managing post-recycled municipal solid waste, and WTE's use

should be encouraged, not discouraged; and

WHEREAS, With a population comparable to the U.S., the E.U. has 410 WTE plants compared to only 76

in the U.S.; and

WHEREAS, There are more than 300 WTE facilities operating in China, and the capacity grew at more

than 26 percent annually between 2014 and 2018; and

WHEREAS, Following the EPA's solid waste management hierarchy and investing local taxpayer dollars

in infrastructure that allows us to sustainably manage solid waste locally by using every tool to avoid landfilling is

the most responsible option and the best for the environment; and

WHEREAS, Favorable treatment of WTE in federal legislation has the potential to provide an additional

revenue stream through the sale of green attributes that will lower the cost of solid waste management services

provided by local governments that have invested in WTE; now therefore,

BE IT RESOLVED, That the Wyoming County Board of Supervisors supports the inclusion of WTE in

the Production Tax Credit, the Clean Energy Standard, federal and state climate programs, and other related policies

without any unnecessary restrictions or hurdles; and be it





#38

RESOLUTION NO. 21-

(October 12, 2021)

By Mr. Brick, Chairman of the Public Works Committee:

RESOLUTION URGING THE ENACTMENT OF AN INCREASE IN THE

STATUTORY CHIPS BIDDING THRESHOLD

WHEREAS, Under current law, funds allocated for the Consolidated Local Street and

Highway Improvement Program (CHIPS) are used to undertake work on projects either with the

municipality's own resources and workforces or by competitively-bid contracts;

9 and

WHEREAS, When the estimate for the contract work exceeds $350,000 the work must

be competitively bid in accordance with the provisions for competitive bidding in the General

Municipal Law; and

WHEREAS, Raising the competitive bidding threshold for highway projects is necessary

to compensate for increases in inflation impacting material, transportation, labor, equipment and

other highway construction costs; and

WHEREAS, The Governor is expected to include an increase in the current cost

threshold from $350,000 to $750,000 over which local highway and bridge construction work

under the CHIPS program must be competitively bid in the Governor's 2022-2023 Executive

Budget to be released in January; and

WHEREAS, The Governor justifies the need for the increase in the minimum

competitive bid threshold to mitigate the inflationary impacts on materials, labor, equipment and

other construction related costs and maintains that enactment of this increase is necessary to

allow more flexibility for municipalities; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors supports the

adoption of budget language that increases the CHIPS bidding threshold to give municipalities

flexibility and the option to bid out or perform in-house projects that cost less than $750,000 to

allow more opportunities for county governments to act to minimize the cost of its transportation

projects on behalf of local taxpayers; and be it






#39

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION URGING LEGISLATIVE SUPPORT TO INCREASE FUNDING FOR

NEW YORK AIRPORTS

WHEREAS, On May 20, 2021, former Governor Andrew Cuomo announced that $250

million will be available to transform and modernize airports in Upstate New York and foster

regional economic development; and

WHEREAS, This initiative includes $230 million through a new Upstate Airport

Economic Development and Revitalization Competition for projects that promote and accelerate

improvements at upstate commercial passenger service airports, and another $20 million to be

allocated through the Aviation Capital Grant Program to support safety, infrastructure, and

economic development projects at smaller airports; and

WHEREAS, This funding represents an addition to the $12.5 million that was previously

allocated through the Aviation Capital Grant Program in this year's Executive Budget, and also is

$130 million more for the Upstate Airport Economic Development and Revitalization

Competition that was funded at $100 million in this year's state budget; and

WHEREAS, The new initiative and enhanced funding builds on the success of the

Governor's upstate airport revitalization competition first announced in 2016, and compliments

the ongoing transformation of LaGuardia and John F. Kennedy airports into world class travel

hubs; and

WHEREAS, As the additional $150 million total for these aviation capital programs is to

be included in the Governor's proposed 2022-2023 Executive Budget to be released in January

2022, this appropriation will need the approval of the Legislature in order to be adopted as part

of the final state budget by April 1 of 2022; and

WHEREAS, Airports are the front doors of our state driving business and attracting

tourists from all around the world and rebuilding and modernizing New York airports with these

critical investments will allow for the continued transformation of our airports into 21st century

facilities, fueling economic growth for decades to come; and

WHEREAS, Previous Upstate Airport Competition award recipients were Plattsburgh

International Airport (2018), Ithaca Tompkins International Airport (2019), Syracuse Hancock

International Airport (2018), Greater Rochester International Airport (2018), Elmira-Corning

Regional Airport (2018), and Albany International Airport (2020); and

WHEREAS, Twenty-four airports are eligible under the project solicitation that was

released in May, with project applications due September 15, 2021; and

RESOLUTION NO. 21-

October 12, 2021

Page 2

WHEREAS, The additional $20 million will be allocated for a future solicitation to the

Aviation Capital Grant Program, which supports projects at many airports across the State that

have significant general aviation operations; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors supports the

inclusion of the appropriations announced by former Governor Andrew Cuomo to the 2022-2023

Executive Budget and that they be adopted in their entirety in the final budget; and be it






of 110

#40

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION COMMENDING THE GOVERNOR AND STATE LEGISLATORS ON

ENACTING RECORD INCREASES FOR LOCAL HIGHWAY, BRIDGE AND

CULVERT PROGRAMS AND URGING A SUSTAINED COMMITMENT TO ASSIST

COUNTIES IN MAINTAINING THEIR LOCAL INFRASTRUCTURE

WHEREAS, The Governor and State Legislators are to be commended for adopting as

part of the 2021-22 State Budget a record $1 billion investment in local road and bridge

programs that will improve safety for millions of motorists and create tens of thousands of jobs

at a critical time to promote economic recovery; and

WHEREAS, This new State Transportation Plan provides unprecedented support for

local governments to maintain and improve roads and bridges with the Consolidated Local

Streets and Highway Improvement Program (CHIPS) funded at $535 million, an increase of

$100 million, that provides state reimbursement to localities for the costs of highway, bridge and

culvert work as well as for pedestrian walkways, bicycle lanes, and other complete streets

enhancements; and

WHEREAS, BRIDGE-NY, A critical local program initiated by the Governor that

provides enhanced assistance for local governments to rehabilitate and replace bridges and

culverts, is funded at $200 million (up to $50 million of which shall be made available for

culvert projects) to be awarded during the State Fiscal Years 2020-21 and 2021-22; and

WHEREAS, Under PAVE-NY, $150 million is allocated to all municipalities throughout

the state this year, a $50 million boost, which will go toward improving the conditions,

functionality and safety of local roadways, creating jobs and contributing to economic

development in our communities through projects like roadway resurfacing, widening and

realignment, construction of turning lanes at intersections, and new drainage for flood mitigation;

and

WHEREAS, The legislatively-sponsored Extreme Winter Recovery Program was

increased from its previous funding level of $65 million to this year's level of $100 million,

allowing for additional construction, reconstruction or improvement of local highways, bridges,

highway-railroad crossings, and/or other local facilities many of which are damaged or otherwise

impacted by the severe Northeastern winter weather and, more frequent significant flooding

events; and

WHEREAS, Locally owned roads and bridges account for 87 percent of the State's

110,000 miles of roadways and 50 percent of the State's 18,000 bridges and this level of funding

is expected to have a positive impact on the condition and resiliency of our transportation

systems; and

of 110

RESOLUTION NO. 21-

October 12, 2021

Page 2 WHEREAS, This vast system of local roads, bridges and culverts is in need of a

sustained high level of funding in the future to continue to reverse the deterioration of our aged

and ailing transportation infrastructure and build up its resistance to natural disasters due to

climate change; and

WHEREAS, The overwhelming needs of the local systems will result in many county

highway and public works crews utilizing essentially all of this available funding during the

current construction season despite the above normal amount of rain, supply chain disruptions

and lingering COVID-19 restrictions that create obstacles and setbacks to timely project rollouts.

Most of the remaining funding, if any, from this year's appropriations is expected to be

programmed and committed for the immediate start of projects next season; and

WHEREAS, A safe and efficient transportation infrastructure is necessary for trade,

economic development and revitalization, job creation and retention, schools, agriculture,

businesses, health and hospital facilities and emergency responders, as well as the general

traveling public; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors commends the

Governor and the New York State Legislature for their budget actions to enhance state

investments in local roads, bridges and culverts and urges that they continue to work in

partnership with local governments to continue to match these necessary and proper levels of

funding to New York's counties to give them the ability to properly maintain their infrastructure

now and well into the future; and be it






of 110

#41

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION IN SUPPORT OF CREATING A NATIONAL

INFRASTRUCTURE BANK

WHEREAS, The American Society of Civil Engineers' (ASCE) 2021 Report Card for

America's Infrastructure gave the United States a cumulative grade of C- regarding the current state

of its infrastructure. At least $6 trillion is required to restore the nation's infrastructure to a state of

good repair, and some estimates run as high as $10 trillion. At least $2.5 trillion currently is not

funded, and the remainder is inadequately funded. In addition, countless new projects including but

not limited to clean energy, electric vehicle charging, energy efficiency retrofitting, flood control and

stormwater management, storm resiliency, sewers, broadband expansion, and high-speed rail remain

unfunded; and

WHEREAS, The ASCE reports that in New York State alone, 424 dams are considered to

present high-hazard potential. 7,292 miles of highway and 1,702 bridges are in poor condition, with

9.9 percent of all bridges in the State deemed structurally deficient. To repair, replace, and update the

State's wastewater infrastructure would cost $36.2 billion over 20 years, and modernization to ensure

safe drinking water would cost an estimated $22.8 billion. The State's schools have an estimated

capital expenditure gap of $2.91 billion; and

WHEREAS, 11 percent of trains and other transit vehicles in New York State are past their

useful life. 1.7 million renters pay more than 30 percent of their income in rent due to shortages in

affordable housing units; and

WHEREAS, Broadband access is still woefully deficient in New York State. Lack of

physical access to broadband is a problem endemic in rural counties throughout the State, impeding

economic development and quality of life. According to an analysis of the 2018 Census data by

Future Ready Schools, 38 percent of all New York State households earning $25,000 or less have no

high-speed home internet connection; 20 percent of households in the New York City metropolitan

area, serving 750,000 students, lack high-speed internet. According to the National Digital Inclusion

Alliance, 32 percent of households in Syracuse, 20 percent in Rochester, and 19 percent in Buffalo

had no broadband connection of any type. According to the United States Census, that figure was 25

percent in Utica; and

WHEREAS, H.R.3339, The National Infrastructure Bank Act, would create a new National

Infrastructure Bank (NIB). This bank's lending power would be set at $5 trillion. It would be

authorized to invest in infrastructure projects only. It would require no new federal spending and no

new taxes, being capitalized by repurposing existing Treasury debt, as was done previously in United

States history; and

WHEREAS, The NIB will help finance the infrastructure needs of New York State and

cover all projects not included in the federal budget, such as passenger and high-speed rail. The NIB

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RESOLUTION NO. 21-

October 12, 2021

Page 2 is mandated to build infrastructure and create jobs in all communities, urban and rural, and to reduce

poverty. It would be authorized to fund repairs to bridges, roads, tunnels, schools, drinking water

systems, and wastewater treatment systems; construction of affordable housing units; installation of

broadband in deprived communities; and new projects such as clean energy, stormwater

management, and flood control. It will provide jobs for New Yorkers who became unemployed

during the Covid pandemic; and

WHEREAS, The NIB is modeled on previous banks that helped build much of our

infrastructure under Presidents George Washington (as designed by Treasury Secretary Alexander

Hamilton), James Madison, Abraham Lincoln, and Franklin D. Roosevelt. The last such bank,

President Roosevelt's Reconstruction Finance Corporation, helped bring us out of the Great

Depression and win World War II; and,

WHEREAS, The NIB will create 25 million new jobs, pay Davis-Bacon wages, and enforce

Buy American provisions. Disadvantaged, minority, and women-owned business enterprises will

receive significant opportunities. According to experts, based on experience with prior such banks,

the NIB will grow the economy by 5 percent annually; and,

WHEREAS, 21 state legislatures have filed or passed resolutions of support for the NIB.

City and county legislative bodies in New York State that have introduced or passed resolutions

include the Peekskill Common Council, Westchester County Board of Legislators, and the New York

City Council. Other county-level endorsements include the Allegheny County Council (PA), Mercer

County Board of Chosen Freeholders (NJ), Northampton County Council (PA), Rio Arriba County

Board of Commissioners (NM), Alachua County Board of County Commissioners (FL), Lucas

County Board of County Commissioners (OH), Dodge County Board of Supervisors (WI), North

Central Florida Regional Planning Council (includes 12 counties), and the Toledo Metropolitan Area

Council of Governments (OH). Trade union support of the NIB includes the Westchester-Putnam

Counties AFL-CIO Central Labor Body (NY), the Hudson Valley Bulding and Construction Trades

Council (NY), and the International Union of Elevator Constructors Local One (NY-NJ). Other

organizations endorsing the NIB include the National Association of Counties, National Association

of Minority Contractors, National Latino Farmers and Ranchers Trade Association, American

Sustainable Business Council, National Congress of Black Women, the Public Banking Institute, and

the US High Speed Rail Association. Resolutions supporting the NIB are currently pending before

the Michigan State Legislature, the County Commissioners Association of Pennsylvania, and many

more such bodies; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls upon the United

States Congress to pass and the President of the United States to sign into law H.R. 3339, and thereby

create a National Infrastructure Bank; and


to Governor Kathy Hochul, New York State Senator Patrick Gallivan, New York State Assemblyman

David DiPietro, the New York State Association of Counties and all others deemed necessary and

proper.


of 110

#42

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION URGING ENACTMENT OF LEGISLATION TO ASSURE EFFECTIVE

CONTROL OF WILDLIFE POPULATIONS FOR AIRPORTS

WHEREAS, Legislation has been introduced S.4244 (Skoufis)/A.1731 (Lupardo) in both

houses of the State Legislature to authorize the Department of Environmental Conservation

(DEC) to issue enhanced special airport air strike hazard permits to federal or state government

employees and other professionals responsible for wildlife management at an airport; and

WHEREAS, This legislation seeks to improve the control of wildlife populations in

areas surrounding airports to assure the safety of pilots, passengers, flight crews and

communities; and

WHEREAS, Some previously permitted wildlife management methods are now being

restricted with the potential for negative impacts on the safety of airport operations, making it

more difficult for airports to effectively keep the runways and facilities clear of deer and other

wildlife and safe for aircraft operators and passengers; and

WHEREAS, The bill authorizes the DEC, after reviewing an airport's wildlife

management plan, and upon a finding that wildlife has become a nuisance, destructive to public

or private property or a threat to public health or welfare, to issue an enhanced special airport air

strike hazard permit to those qualified to conduct such wildlife management activities for an

airport; and

WHEREAS, Wildlife populations can pose a threat to aviation operations in and around

airports and in some instances have caused significant damage to aircraft and lengthy flight

delays; and

WHEREAS, According to FAA data, more than 1,000 deer have been hit by airplanes

across the country in the past two decades; and

WHEREAS, Despite efforts by airports to employ the best humane practices to keep

wildlife populations at bay by building fences, walls, stormwater management designs, and using

pulsating lights; deer, birds, coyotes, fox and other wildlife still make their way onto runways,

tarmacs and into flight paths; and

WHEREAS, As recently as January of last year (2020), a damaging deer strike occurred

at Francis S. Gabreski Airport, Westhampton, Long Island. A Cessna Citation X business jet

collided with one of three deer on the runway during its landing roll causing significant damage

to its landing gear door and thankfully no injuries to passengers and crew; and

of 110

RESOLUTION NO. 21-

October 12, 2021

Page 2

WHEREAS, According to DEC, numerous constraining laws originally established to

increase public safety associated with general firearms use and hunting practices by the public,

prevent the authorization of deer-removal techniques that can be very safe and effective under

controlled circumstance, and by hindering the removal of deer that are creating public safety

hazards in developed areas and at airports, the laws actually increase risk to the public; and

WHEREAS, DEC, in its final management plan for white-tailed deer in New York State

2021-2030, is urging changes to laws to allow authorized persons to use certain methods and

techniques to remove deer and other hazardous wildlife from these properties; and

WHEREAS, DEC argues in the management plan that statutes should be modified to

give the agency the flexibility to issue permits that allow qualified professionals, under

controlled circumstances to use techniques that would greatly increase the efficiency and even

the safety of wildlife management programs; and

WHEREAS, The above referenced legislation seeks to implement these proposed

changes and make it clear that certain effective wildlife management techniques remain available

for airports by permit in a strictly controlled manner; and

WHEREAS, That wildlife-aircraft collisions cause millions of dollars in aircraft damage,

major delays at airports, and injuries to pilots and passengers, thus controlling wildlife

populations around airports is critical to ensuring the safety of travelers, aircraft crews and

surrounding communities; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors urges enactment

of legislation 5.4244 (Skoufis)/A.1731 (Lupardo) to reinstate the authorization and use of certain

successful wildlife management techniques in a strictly controlled manner by government

employees acting in an official capacity or persons acting pursuant to a permit to continue to

effectively control wildlife populations at airports and surrounding areas; and be it






of 110

#43

RESOLUTION NO. 21-

(October 12, 2021)


CHAIRMAN AUTHORIZED TO SIGN A CONTRACT (SUPPLEMENTAL NO. 4)

WITH LABELLA ASSOCIATES ON BEHALF OF COUNTY HIGHWAY

BE IT RESOLVED, That the Chairman of this Board, pursuant to General Municipal

Law §104(b) and with the approval of the County Attorney, is hereby authorized and directed to

sign a contract with Labella Associates, 300 State Street, Suite 201, Rochester, NY 14614 on

behalf of County Highway. Said contract is Supplemental No. 4 for construction, C/I and C/S

additional costs for BE#06 Schoellkopf Road Bridge Rehabilitation, Town of Bennington, BIN

3319610/Town of Pike, BIN 3371680; PIN 4WY0.03 in an amount not to exceed one hundred

thousand dollars ($100,000.00); effective January 1, 2021 through completion of the project.

Contingent upon the availability of funds.


of 110

#44

RESOLUTION NO. 21-

(October 12, 2021)




SIGN VARIOUS CONTRACTS ON BEHALF OF BUILDINGS AND GROUNDS (CO.

BLDGS.)”, passed by the Board of Supervisors on July 13, 2021 and provides, in part, for the

following contract:

Seal-A-Deal, 5957 Bauer Road, Warsaw, NY 14569 for sealing and striping of lots at the

Wyoming County Department of Social Services in an amount not to exceed thirteen

thousand dollars ($13,000.00); effective June 18, 2021 through completion of project.

Now therefore,

BE IT RESOLVED, That Resolution Number 21-313 be hereby amended to change the

contract language from “lots at the Wyoming County Department of Social Services” to sealing

and striping of various County parking lots.



of 110

#45

RESOLUTION NO. 21-

(October 12, 2021)




SIGN A CONTRACT WITH FEEDWATER TREATMENT SYSTEMS, INC. ON

BEHALF OF BUILDINGS AND GROUNDS (CO. BLDGS.)”, passed by the Board of

Supervisors on September 21, 2021 to provide cooling tower and boiler loop maintenance in an

amount not to exceed twelve thousand five hundred ($12,500.00); effective October 1, 2021

through December 31, 2022; now therefore,

BE IT RESOLVED, That Resolution Number 21-389 be hereby amended to correct the

contract term from October 1, 2021 through December 31, 2022 to October 1, 2021 through

September 30, 2022.



of 110

#46

RESOLUTION NO. 21-

(October 12, 2021)


WYOMING COUNTY JAIL MAKE UP AIR UNIT REPLACEMENT CAPITAL

IMPROVEMENT PROJECT ESTABLISHED, APPROPRIATING FUNDS

THEREFORE AND AUTHORIZING THE CHAIRMAN TO SIGN VARIOUS

CONTRACTS ON BEHALF OF BUILDINGS AND GROUNDS (CO. BLDGS.)

WHEREAS, The Wyoming County Board of Supervisors’ Public Works Committee,

Finance Committee and this Board of Supervisors, in consultation with the Buildings and

Grounds Department, through discussion during these committee meetings has identified the

need to replace the Make Up Air Unit at the Wyoming County Jail; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors, on the

recommendation of the aforementioned committees, hereby establishes the Wyoming County

Jail Make Up Air Unit Replacement Capital Improvement Project in an amount not to exceed

one hundred forty-two thousand dollars ($142,000.00); and be it

FURTHER RESOLVED, That funds are hereby appropriated as follows: Buildings and Grounds/ CIP

To: 121620.521007 Jail CIP

w/12162005.440890R Federal Aid Other

Reason: To appropriate funds to CIP for the Wyoming County Jail

Makeup Air Unit Replacement Capital Improvement Project.

$142,000.00

$142,000.00

Buildings and Grounds/CIP Total $142,000.00

And be it

FURTHER RESOLVED, That the Chairman of this Board, pursuant to General

Municipal Law §103 and with the approval of the County Attorney, is hereby authorized and

directed to sign various contracts on behalf of Buildings and Grounds (Co. Bldgs.) as follows:

Campus Construction, 6225 Sheridan Drive, Suite 100, Williamsville, NY 14221 for

construction management and project oversight for the makeup unit replacement project

at the Wyoming County Jail in an amount not to exceed twenty-five thousand dollars

($25,000.00); effective October 2, 2021 through completion of project.

Kideney Architects, P.C. 143 Genesee Street, Buffalo, NY 14203 for engineering and

design services of the makeup air unit replacement project at the Wyoming County Jail in

an amount not to exceed thirty-two thousand one hundred dollars ($32,100.00); effective

October 2, 2021 through completion of project



of 110

#47

RESOLUTION NO. 21-

(October 12, 2021)


WYOMING COUNTY REPLACEMENT GENERATORS CAPITAL IMPROVEMENT

PROJECT ESTABLISHED, APPROPRIATING FUNDS THEREFORE AND

AUTHORIZING THE CHAIRMAN TO SIGN A CONTRACT WITH CAMPUS

CONSTRUCTION MANAGEMENT ON BEHALF OF BUILDINGS AND GROUNDS

(CO. BLDGS.)

WHEREAS, The Wyoming County Board of Supervisors’ Public Works Committee,

Finance Committee and this Board of Supervisors, in consultation with the Buildings and

Grounds Department, through discussion during these committee meetings has identified the

need to replace various County generators; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors, on the

recommendation of the aforementioned committees, hereby establishes the Wyoming County

Replacement Generators Capital Improvement Project in an amount not to exceed one million

two hundred seventy-two thousand dollars ($1,272,000.00); and be it

FURTHER RESOLVED, That funds are hereby appropriated as follows:

Buildings and Grounds/CIP

To: 121620.520401 Misc. Equipment

w/12162005.440890R Federal Aid Other

Reason: To appropriate funds to CIP for the Wyoming County

Replacement Generators Capital Improvement Project.

$1,272,000.00

$1,272,000.00

Buildings and Grounds/CIP Total $1,272,000.00

And be it

FURTHER RESOLVED, That the Chairman of this Board, pursuant to General

Municipal Law §103 and with the approval of the County Attorney, is hereby authorized and

directed to sign a contract with Campus Construction Management, 6225 Sheridan Drive, Suite

100, Williamsville, NY 14221 on behalf of Buildings and Grounds (Co. Bldgs.). Said contract is

for the generator replacement project at various County buildings in an amount not to exceed

fifty thousand dollars ($50,000.00); effective October 2, 2021 through completion of project.



of 110

#48

RESOLUTION NO. 21-

(October 12, 2021)

By Mrs. May, Chairman of the Public Safety Committee:

CHAIRMAN AUTHORIZED TO SIGN A CONTRACT WITH THE STATE OF NEW

YORK UNIFIED COURT SYSTEM ON BEHALF OF SHERIFF’S DEPARTMENT

WHEREAS, This grant is now for a period of five (5) years; effective April 1, 2019

through March 31, 2024 with variable funding amounts available year by year; and

WHEREAS, Said contract is with the State of New York Unified Court System, 8th

Judicial District, 92 Franklin Street, 3rd

Floor, Buffalo, NY 14202 on behalf of the Sheriff’s

Department to provide court security for County, Family and Supreme Courts; and

WHEREAS, The first year funding amount was in a minimum amount of three hundred

ninety-two thousand nine hundred eighty-eight dollars ($392,988.00) for the FIRST PERIOD

and authorized by Resolution Number 19-420; effective April 1, 2019 through March 31, 2020;

and

WHEREAS, The second year funding amount was in a minimum amount of three

hundred seventy-three thousand dollars ($373,000.00) for the SECOND PERIOD and authorized

by Resolution Number 20-429; effective April 1, 2020 through March 31, 2021; now therefore



sign a contract with the State of New York Unified Court System in a minimum amount of four

hundred five thousand two hundred five dollars ($405,205.00) for the THIRD PERIOD; effective

April 1, 2021 through March 31, 2022.


of 110

#49

RESOLUTION NO. 21-

(October 12, 2021)


CHAIRMAN AUTHORIZED TO SIGN A CONTRACT WITH

SAIA COMMUNICATIONS ON BEHALF OF 9-1-1



sign a contract with Saia Communications, 100 Stradtman Street, Buffalo, NY 14206 on behalf

of 9-1-1. Said contract to repair damage from a lightning strike to the transmission line and

connectors at the Wethersfield tower in an amount not to exceed six thousand six hundred

ninety-four dollars and twenty-nine cents ($6,694.29); effective October 15, 2021 through

completion of project.



of 110

#50

RESOLUTION NO. 21-

(October 12, 2021)



AWARD WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE

SERVICES ON BEHALF OF THE PUBLIC DEFENDER’S OFFICE



with the New York State Division of Criminal Justice Services, 80 South Swan Street, Albany,

NY 12210 on behalf of the Public Defender’s Office. Said grant funding is for the Indigent

Parolee Program in a minimum amount of one hundred eighty-six thousand dollars

($186,000.00); effective April 1, 2020 through March 31, 2021. (GMS Project ID# LG21-1008-

D00, Contract #C103734)


of 110

#51

RESOLUTION NO. 21-

(October 12, 2021)




SIGN VARIOUS GRANT APPLICATIONS AND ACCEPTANCE AWARDS ON

BEHALF OF THE PUBLIC DEFENDER’S OFFICE” passed by this Board of Supervisors

on February 12, 2019 and provides, in part, for the following grant:

New York State Office of Indigent Legal Services, Alfred E. Smith State Office

Building, 80 South Swan Street #1147, Albany, New York 12210 for the Public

Defender’s Office in a minimum amount of seventeen thousand twenty dollars

($17,020.00) per year for a three-year period for a total minimum amount of fifty-one

thousand sixty dollars ($51,060.00); effective January 1, 2019 through December 31,

2021

o Contract No. C900056

o Distribution #9

Now therefore,

BE IT RESOLVED, That Resolution 19-073 be hereby amended to extend the effective

date through December 31, 2022 in a minimum amount of fifty-one thousand sixty dollars

($51,060.00).



of 110

#52

RESOLUTION NO. 21-

(October 12, 2021)


2022 STOP DWI PLAN APPROVED


Attorney, is hereby authorized and directed to sign the 2022 Stop DWI Plan with the New York

State Governors Traffic Safety Committee, 6 Empire Plaza, Room 414, Albany, NY 12228 on

behalf of Wyoming County’s STOP DWI Program. The 2022 STOP DWI Plan Agreement is for

continued work addressing the problem of impaired driving in a minimum amount of one

hundred sixty thousand dollars ($160,000.00); effective January 1, 2022 through December 31,

2022.


of 110

#53

RESOLUTION NO. 21-

(October 12, 2021)


WYOMING COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN

ADOPTED

BE IT RESOLVED, That the Wyoming County Comprehensive Emergency

Management Plan offered to this Board of Supervisors is hereby approved as presented and

annexed hereto.


Wyoming County

Comprehensive

Emergency Management Plan

September 2021

Directors Note

The Wyoming County Comprehensive Emergency Management Plan has been revised to address recommendations from the New York State Department of Homeland Security and Emergency Services and outline the county’s response to an emergency. Input from numerous county departments was instrumental in the development of this plan and future implementation during a planned or emergency event. Planning efforts in the county are ongoing. Wyoming County Office of Emergency Services works daily with local, state and private partners to ensure the ability to safely and effectively deploy resources and coordinate responses in a timely manner. Through these planning efforts, I am confident in the ability of county resources to reach affected populations and ensure life safety, protect property and provide stabilization of an incident. On behalf of the Wyoming County Office of Emergency Services, we would like to thank you to our partners for their participation and support. We would also like to thank the Board of Supervisors for their trust in our work and support of the office as well as the local first responders for their dedication and professionalism.

Respectfully,

Brian Meyers

Director of Fire and Emergency Management Wyoming County Office of Emergency Services

Comprehensive Emergency Management Plan

Wyoming County, NY

Table of Contents Record of Change ................................................................................................................................ I-5

Section I General Considerations and Planning Guidelines .............................................................. I-6

1. Introduction ................................................................................................................................ I-1

2. Purpose ....................................................................................................................................... I-3

3. Scope ........................................................................................................................................... I-5

4. Situation ...................................................................................................................................... I-7

5. Planning Assumptions ............................................................................................................... I-17

6. Concept of Operations .............................................................................................................. I-18

7. Authorities ................................................................................................................................ I-23

8. Plan Maintenance and Distribution .......................................................................................... I-24

Section II Preparedness ..................................................................................................................... II-1

1. Preparedness Overview ............................................................................................................. II-1

2. Capability Assessment ............................................................................................................... II-3

3. Mitigation Planning .................................................................................................................... II-5

4. Response Planning ..................................................................................................................... II-7

5. Continuity Planning .................................................................................................................. II-19

6. Public Education and Awareness ............................................................................................. II-20

Section III Response ........................................................................................................................... III-1

1. Response Overview ................................................................................................................... III-1

2. Response Organization ............................................................................................................. III-1

3. Direction and Control ................................................................................................................ III-3

4. Notification and Activation ..................................................................................................... III-10

5. Public Warning and Emergency Information .......................................................................... III-12

6. Information Collection, Assessment, and Evaluation ............................................................. III-15

7. Declaring a State of Emergency .............................................................................................. III-16

8. Resource Management ........................................................................................................... III-17

9. Restoring Public Services ........................................................................................................ III-22

10. Human Services and Mass Care Needs ..................................................................................... III-1

Section IV Recovery ....................................................................................................................... IV-1

1. Recovery Overview .................................................................................................................. IV-1

2. Authorized Agent ..................................................................................................................... IV-1

3. Documentation ........................................................................................................................ IV-2

4. Federal Declarations and Assistance ....................................................................................... IV-2

5. Damage Assessment ................................................................................................................ IV-6

6. Planning for Recovery .............................................................................................................. IV-8

7. Public Information Regarding Recovery Assistance ................................................................. IV-9

Appendixes Appendix 1 – Instructions for Declaring a State of Emergency and Issuing Emergency Orders within Wyoming County Appendix 2 – Standard Operating Guide for Emergency Operations Center Appendix 3 – National Incident Management System

Record of Change Date of

Review

Description of changes / reason for changes Section / Page Revision

distributed

Board of Supervisors Resolution #XX-XXX. This plan and resolution supersedes any previous plan editions

Entire Plan


Wyoming County, NY

Section I General Considerations and

Planning Guidelines


Wyoming County, NY

Introduction I-1

Section I – General Considerations and Planning Guidelines

1. Introduction As a “home-rule” state, New York State relies on a broad set of powers outlined in the New York State (NYS) Constitution to the local jurisdictions in deference to local authority and responsibilities. In alignment with local government (cities, towns, and villages), Wyoming County (also referred to as “County”) has the responsibility to assist local governments in circumstances where they have fully committed their local resources and exhausted their ability to cope with an emergency. Similarly, NYS is obligated to aid Wyoming County after resources have been fully committed and Wyoming County expects to exhaust or has exhausted its ability to manage the emergency at hand.

Local governments and state officials recognize that a Comprehensive Emergency Management Plan (CEMP) is necessary to enhance a community’s ability to manage emergency and disaster situations. The Wyoming County CEMP is an integral part of Wyoming County’s emergency management program and contributes to its effectiveness. Authority to undertake this effort is provided by both NYS Executive Law Article 2-B. Under authority of Section §23 of Article 2-B, a county is authorized to develop a CEMP to prevent, mitigate, respond to, and recover from emergencies and disasters. To meet this responsibility, Wyoming County has developed this CEMP.

Section I of the CEMP describes Wyoming County’s comprehensive all-hazards approach to emergency management as well as the responsibilities of Wyoming County Office of Emergency Services. Additionally, this section will define: (1) the overall purpose and scope of the plan and planning assumptions, (2) the operational concepts, and (3) the legal authorities for managing emergencies within Wyoming County.

Comprehensive Approach 1.1

Planning for and responding to human-caused emergencies, technological emergencies, and natural disasters is a complex undertaking for all levels of government. A comprehensive approach to emergency management emphasizes the interrelationship of activities, functions, and expertise necessary to deal with emergencies. The Wyoming County CEMP outlines Wyoming County’s approach to managing the lifecycle of emergency response: preparedness and hazard mitigation, response, and recovery.

1.1.1 Preparedness

Section II – Preparedness describes specific activities to prevent or minimize the impact of hazards in Wyoming County.

Mitigation refers to all activities that reduce the effects of disasters when they do occur.

1.1.2 Response

Section III – Response describes actions that may be taken to minimize the impact of an incident on life, health, and safety through efficient and expedited response.

Generally, response actions are designed to minimize the impact to life, health, and safety and protect property through an efficient and expedited response.

Response operations may start prior to an incident if known conditions prompt advisories and warnings (e.g., on receipt of advisories that flash floods, severe wind events, or ice storms).

The increased response readiness phase may include such pre-impact actions as: Detection, monitoring, and assessment of a hazard Notification and public warning of affected populations Alerting response forces to stand by Implementing protective actions for the public Allocating and distributing equipment and other resources

Most conventional response actions (rescue, EMS care, sheltering) follow the immediate impact


Wyoming County, NY

Introduction I-2


of an emergency.

Response operations in the affected area are the responsibility of and controlled by the local municipalities, supported by numerous Wyoming County departments, nongovernmental organizations (NGOs), and other community partners.

If a municipality is forecasted to exceed local capabilities or local resources by an incident that exceeds local resources and is unable to respond effectively, Wyoming County may be asked to facilitate assistance to supplement local efforts.

1.1.3 Recovery

Section IV – Recovery addresses actions following an emergency that serve to restore the community to its pre-emergency state, to correct adverse conditions that may have led to the damage, and to protect and improve the quality of life in the community.

Recovery activities may include risk reduction actions to prevent or mitigate a recurrence of the emergency.

Wyoming County Office of Emergency Services Responsibilities 1.2

Wyoming County’s departments, partner agencies, and key stakeholders’ emergency preparedness and response obligations and duties are outlined in this plan. These responsibilities may vary between emergency management phases and may change based on the type and scope of the incident. Assignments are made within the County’s current organizational responsibilities and capabilities.

The Wyoming County Office of Emergency Services (OES) is responsible for the overall planning and response coordination for emergencies in the county. The OES will help prepare the county to respond to, and recover from, all natural and man-made emergencies for our citizens, employers and visitors. This is accomplished by:

Administration and presentation of fire and EMS training programs to countywide emergency services personnel

Comprehensive all hazards pre-disaster planning Pre-disaster mitigation planning Provide pre-disaster recovery information and assistance to the general public

Additionally, the OES coordinates trainings for fire and EMS through the New York State Department of Homeland Security and Emergency Services Office of Fire Prevention and Control, as well as the New York State Department of Health Bureau of Emergency Medical Services.


Wyoming County, NY

Purpose I-3


2. Purpose Mission 2.1

Through partnerships in the community, with the private sector, and with local, state, and federal government agencies, WCOES endeavors to mitigate against, prepare for, respond to, and recover from all-hazards incidents or events that may affect the citizens of Wyoming County.

Purpose 2.2

The purpose of the Wyoming County CEMP is to set forth the basic framework for managing emergencies in Wyoming County. The CEMP utilizes a whole community, all-hazards approach to emergency planning, which provides a framework to ensure that Wyoming County can be prepared to respond to and recover from declared and non-declared emergencies by organizing and establishing roles and responsibilities of key stakeholders before, during, and after an emergency. This plan describes the emergency response organization and assigns responsibilities for various emergency tasks and details the centralized direction of requests for assistance, with the understanding that the governmental jurisdiction(s) affected by an emergency are required to involve themselves through the commitment of assets are resources prior to requesting assistance.

The primary audience for this document includes Wyoming County chief elected officials, emergency management staff, department and agency heads and their senior staff members, leaders of local volunteer organizations that support emergency operations, and others who may participate in Wyoming County mitigation, preparedness, response, and recovery efforts.

Objectives 2.3

The objectives of this CEMP are as follows:

To identify, assess, and prioritize local and regional vulnerabilities to prepare for emergencies or disasters and the resources available to prevent or mitigate, respond to, and recover from them.

To provide a thorough understanding of the recovery phase in the event of a large-scale disaster.

To outline short, medium, and long-range measures to improve Wyoming County's capability to manage hazards.

To help ensure that Wyoming County and local governments can take appropriate actions to prevent or mitigate effects of hazards and be prepared to respond to and recover from them when an emergency or disaster occurs.

To provide for efficient utilization of available resources during an emergency.

To provide utilization and coordination of local government, state, and federal programs to assist disaster victims and to prioritize the response to the needs of the elderly, disabled, low income, and other groups that may be disproportionately affected.

To provide for the utilization and coordination of state and federal programs for recovery from a disaster with attention to the ongoing development of mitigation programs.

Plan Organization 2.4The Wyoming County CEMP is a framework designed around a whole community, all-hazards approach to planning, which includes but is not limited to the four basic functions of emergency management: mitigation, preparedness, response, and recovery. This plan will help foster mutual understanding between government agencies at all levels, businesses, NGOs, and the residents and visitors of the


Wyoming County, NY

Purpose I-4


County.


Wyoming County, NY

Scope I-5


3. Scope The scope of this framework is applicable to extraordinary situations that may occur within Wyoming County. This framework is not intended to outline day-to-day functions, but rather the CEMP should be enacted whenever the County must respond to an event or incident that exceeds the scope of day-to-day operations and thus requires special management. This framework is intended to guide the County’s response organization while complementing local government emergency planning and response efforts.

The CEMP aligns with the Wyoming County Hazard Mitigation Plan1 (HMP) as well as the County Emergency Preparedness Assessment (CEPA), which provides a countywide analysis of potential hazards that may affect Wyoming County as well as an assessment of the County’s existing capabilities and resources. This CEMP also outlines the emergency management process used by Wyoming County to manage preparedness and response activities to mitigate the short-term impacts to life safety and property as well as the long-term recovery activities necessary to restore essential services and commerce within Wyoming County.

The CEMP provides standard operating guidance for Wyoming County’s approach to managing all-hazards emergencies using existing organizations to allow the County to meet its responsibilities before, during, and after an emergency. The plan applies to all County agencies, including its offices, departments, commissions, boards, and councils; public and private key stakeholders; and whole community partners, providing the foundation for:

Describing functions and activities necessary for the phases of the emergency management cycle (mitigation, preparedness, response, and recovery).

Providing an overview of Wyoming County-level emergency management structure, and details responsibilities of County departments, agencies, and key stakeholders.

Outlining the ways in which local governments can take appropriate actions to prevent or mitigate the effects of identified hazards and to be prepared to respond to and recover from hazard-related emergencies when they occur.

Guiding coordination efforts of local government and state and federal programs to administer assistance to survivors, including the response needs of people with disabilities and those who have access and functional needs.

Outlining Wyoming County’s strategy for integration and use of government, private sector, and NGO resources within the County’s emergency management structure and guidance.

Establishing mutual understanding among Wyoming County government departments/agencies, the business community, NGOs, volunteers, and the public.

Utilizing government and private sector resources efficiently and effectively.

Coordinating with the emergency management plans and programs of the federal government, the State of New York, emergency management jurisdictions within Wyoming County and surrounding jurisdictions.

Developing and maintaining emergency response capabilities.

Identifying and applying hazard mitigation strategies:

Train and educate emergency response resources and key stakeholders.

Encourage citizen self-sufficiency.

Ensure and maintain public safety and public health for the residents and visitors of

1 Wyoming County Hazard Mitigation Plan: https://www.wyomingco.net/578/2021-Hazard-Mitigation-Plan

https://www.wyomingco.net/578/2021-Hazard-Mitigation-Plan


Wyoming County, NY

Scope I-6


Wyoming County and mitigate the environmental impact of an incident.

Integrating state and federal guidance and supporting plans, including:

NYS Comprehensive Emergency Management Plan (CEMP)

Volume I: The State Multi-Hazard Mitigation Plan2

Volume II: Response and Short-Term Recovery – Emergency Support Functions (ESF) 1 through 14

Volume III: Long-Term Recovery

NYS Executive Law Article 2-B3

NYS Homeland Security Strategy4

Federal Emergency Management Agency’s (FEMA) National Incident Management System5 (NIMS) [October 2017]

FEMA Comprehensive Planning Guide6 (CPG) 101 V2

National Planning Frameworks7: Prevention8, Protection9, Mitigation10, Response11, and Disaster Recovery12

FEMA Emergency Support Functions (ESF) Annexes

FEMA Recovery Support Function (RSF) Annexes

FEMA Whole Community Approach to Emergency Management: Principles, Themes, and Pathways for Action

National Mass Care Strategy13

NYS Public Officers Law 1814

Additional reference and guidance documents that apply to specific annexes and appendices are included in those individual documents.

Defining activation of the Wyoming County Emergency Operations Center (EOC).

2 NYS Comprehensive Emergency Management Plan: http://www.dhses.ny.gov/planning/cemp/

3 NYS Executive Law Article 2-B:http://www.dhses.ny.gov/laws-policies/documents/Exec-Law-Art-2B-2018.pdf

4 NYS Homeland Security Strategy: http://www.dhses.ny.gov/media/documents/NYS-Homeland-Security-Strategy.pdf

5 FEMA NIMS: https://www.fema.gov/national-incident-management-system

6 FEMA Comprehensive Planning Guide V2: https://www.fema.gov/media-library/assets/documents/25975

7 FEMA National Planning Frameworks: https://www.fema.gov/national-planning-frameworks

8 FEMA National Prevention Framework: https://www.fema.gov/media-library/assets/documents/117762

9 FEMA National Protection Framework: https://www.fema.gov/media-library/assets/documents/117782

10 FEMA National Mitigation Framework: https://www.fema.gov/media-library/assets/documents/117787

11 FEMA National Response Framework: https://www.fema.gov/media-library/assets/documents/117791

12 FEMA National Disaster Recovery Framework: https://www.fema.gov/media-library/assets/documents/117794

13 National Mass Care Strategy: https://nationalmasscarestrategy.org/

14 NYS Public Officers Law 18: https://www.nysenate.gov/legislation/laws/PBO/18

http://www.dhses.ny.gov/planning/cemp/

http://www.dhses.ny.gov/laws-policies/documents/Exec-Law-Art-2B-2018.pdf

http://www.dhses.ny.gov/media/documents/NYS-Homeland-Security-Strategy.pdf

https://www.fema.gov/national-incident-management-system

https://www.fema.gov/media-library/assets/documents/25975

https://www.fema.gov/national-planning-frameworks






https://nationalmasscarestrategy.org/

https://www.nysenate.gov/legislation/laws/PBO/18


Wyoming County, NY

Situation I-7


Figure 4-1 Wyoming County, NY Wyoming County (highlighted in bright yellow) and the County’s

position within New York State.

4. Situation This section provides an overview of Wyoming County’s critical infrastructure, private industry, and demographical data as well as summarizes details from the CEPA and Hazard Mitigation Plan.

County Overview15 4.1

Wyoming County is in the western part of New York State, with a total area of 596 square miles. Wyoming is bordered by five NYS counties: Genesee to the north, Erie to the west, Allegany to the south, Livingston to the east, and a small part of Cattaraugus to the southwest. The Genesee River borders Wyoming County in the southeast. As of the 2020 Census, there were 39,859 residents. Wyoming County is composed of 16 towns and 8 incorporated villages. The preeminent industry within Wyoming County is agriculture, specifically dairy farming. A map of Wyoming County is presented in Figure 4-1.

Wyoming County has a number of unique characteristics that inform emergency planning considerations. Geographically, Wyoming County resides on an active geologic fault, running down the Dale Valley through Linden, to the east of Batavia and into Lake Ontario.

Movement of the fault is an occasional source of minor earthquakes, but historically not a significant hazard. There is also a sizable prison population, as well as a significant amount of farmland and numerous manufacturing facilities.

4.1.1 Demographics and Population Centers

General Demographics

The 2020 population of Wyoming County is 39,859. Wyoming County’s population has declined at an approximate rate of 5.4% since 2010.16 Figure 4-2 shows population characteristics of racial and ethnic demographics in Wyoming County.

Other key characteristics17include the following:

Persons 65 years or older: 18.6%

Persons under 18 years old: 18.7%

Persons under the age of 5 years old: 4.6%

Persons who identify as having a disability, under 65 years (2015-2019): 9.5%

Mean household income (2015-2019): $58,052

15

US Census QuickFacts Wyoming County, NY: https://www.census.gov/quickfacts/wyomingcountynewyork 16

US Census QuickFacts Wyoming County, NY: https://www.census.gov/quickfacts/wyomingcountynewyork 17

Wyoming County American 5-Year Community Survey 2013-2017: https://factfinder.census.gov/bkmk/table/1.0/en/ACS/17_5YR/S0101/0500000US36121

https://www.census.gov/quickfacts/wyomingcountynewyork

https://www.census.gov/quickfacts/wyomingcountynewyork

https://factfinder.census.gov/bkmk/table/1.0/en/ACS/17_5YR/S0101/0500000US36121


Wyoming County, NY

Situation I-8


Figure 4-2

Wyoming County Racial / Ethnic Characteristics

Table 4-3 provides an overview of the general demographic data of Wyoming County, including population, households, those living at or below poverty level, people over 65 years, children under 18, those with limited English proficiency (LEP), and the number of homes without vehicles. The table also provides a breakdown of the number of people who have different types of disability related to conditions that may affect their hearing, vision, cognitive ability, mobility, self-care, or independent living capabilities, as reported through U.S. Census data. Also provided is a rough estimate of households with pets and the number of pets within Wyoming County based on a calculation framework provided by the American Veterinary Medical Association (AVMA). Data was sourced from the U.S. Census Bureau, Quick Facts, 2020 Census, 2013–2017 American Community Survey (ACS) 5-Year Estimates (Language Spoken at Home, Disability Characteristics), and the AVMA pet ownership calculator (see footnotes below).

It is important to note that data calculated by the formulas provided by the AVMA give an approximation of the number of pet-owning households and pet populations. These formulas assume that the demographics and rates of pet ownership in Wyoming County are similar to national rates of pet ownership. However, because these formulas are based solely on population estimates and not county-specific characteristics of pet ownership behavior, the resulting data should be considered a board approximation and not validated statistical data. The pet information is offered to provide an approximation of county needs related to evacuation or other emergencies that may require planning for pet sheltering.

Table 4-3 Wyoming County Population Characteristics and Demographic Data

CHARACTERISTIC PERCENTAGE POPULATION

Total Population (v2019)13 39,859

Total Population (2010 Census)13 42,155

Population – percentage change13 -5.4%

Households, 2015–201913 15,917

Children under 1813,14 18.9%

People over 6513,14 18.6%

Poverty Rate13 9.9%

Speak a language other than English18 4.1% 1,605

18

US Census American FactFinder. American Community Survey (ACS) 5-year Estimate V2017 Language Spoken at Home:


Wyoming County, NY

Situation I-9


CHARACTERISTIC PERCENTAGE POPULATION

Persons (age 5+) who speak English "less than well"15

Based on above population estimate (1,605) 27.2% 437

Household with no vehicle19,20 6.3% 998

Median Household Income13 $58.052

Median Value of Owner-Occupied Housing Units13 $115,900

TOTAL POPULATION WITH DISABILITY21 PERCENTAGE

15.5% POPULATION

11,935

Hearing Disability under 18 0.6% 46

Hearing Disability 18-64 2.1% 494

Hearing Disability 65+ 13.9% 896

Vision Disability under 18 1.0% 79

Vision Disability 18-64 1.0% 233

Vision Disability: 65+ 5.9% 377

Cognitive Disability under 18 5.4% 325

Cognitive Disability 18-64 4.6% 1,069

Cognitive Disability 65+ 6.4% 414

Ambulatory Disability under 18 1.2% 73

Ambulatory Disability 18-64 5.5% 1,274

Ambulatory Disability 65+ 18.6% 1,196

Self-care Disability under 18 1.5% 90

Self-care Disability 18-64 2.1% 476

Self-care Disability 65+ 6.9% 444

Independent Living Disability 18-64 3.9% 897

Independent Living Disability 65+ 10.7% 690

ESTIMATION OF HOUSEHOLDS WITH PETS22 HOUSEHOLDS PETS

Dogs 5,685 9,095

Cats 4,735 9,936

Overview Wyoming County Municipalities

There are 24 municipalities within Wyoming County, comprised of 16 towns, 8 villages, and several hamlets and census-designated places. Table 4-4 lists the municipalities of Wyoming County, including population data from the 2010 Census (Note: 2020 census data not completed as of yet), or American Community Survey (ACS) 2016 estimates where available. Though ACS estimates have been conducted on some, but not all locations, a complete updated dataset will not be available until the 2020 Census. Also included are the corresponding municipality zip codes, where possible. Table 4-4 list the municipalities of Wyoming County, including population data from the 2020 Census, or 2016 estimates where available, although a complete updated dataset will not be available until all of the 2020 Census is available. Also

https://factfinder.census.gov/bkmk/table/1.0/en/ACS/17_5YR/S1601/0500000US36121 19

US Census American FactFinder. ACS 2013-2017. Household Size by Vehicles at Home: https://factfinder.census.gov/bkmk/table/1.0/en/ACS/17_5YR/B08201/0500000US36121 20

CDC, Social Vulnerability Index. Data Downloads: https://svi.cdc.gov/data-and-tools-download.html 21

Disability Characteristics, 2012-2016 American Community Survey 5-Year Estimates: https://factfinder.census.gov/bkmk/table/1.0/en/ACS/16_5YR/S1810/0500000US36087 22

American Veterinary Medical Association. Pet Ownership Calculator: https://www.avma.org/KB/Resources/Statistics/Pages/US-pet-ownership-calculator.aspx.


https://factfinder.census.gov/bkmk/table/1.0/en/ACS/17_5YR/B08201/0500000US36121

https://svi.cdc.gov/data-and-tools-download.html


https://www.avma.org/KB/Resources/Statistics/Pages/US-pet-ownership-calculator.aspx

https://www.avma.org/KB/Resources/Statistics/Pages/US-pet-ownership-calculator.aspx


Wyoming County, NY

Situation I-10


included are the corresponding municipality zip codes. In general, the population data available for smaller municipalities is sourced from the U.S. Census 2020 and ACS 5-year estimates (V2017).

Table 4-4 Wyoming County Municipalities

TOWNS POPULATION ZIP CODES

Arcade – southwest corner of the county

Village of Arcade

Hamlet of East Arcade

4,103 14009

Attica – northern border of the county, contains Attica and Wyoming County Correctional Facility complex

Village of Attica 7,448 14011

Bennington – northeastern corner of the county

Hamlet of Bennington Center

Hamlet of Cowlesville

3,258 14011 14037 (Cowlesville)

Castile – eastern border of the county, contains Letchworth State Park, Silver Lake State Park

Village of Castile

Hamlet of Silver Lake

2,816 14427 14549 (Silver Lake)

Covington – northeastern border of the county, contains Wyoming Valley (valley on the western edge of the town, containing Oatka Creek)

1,205 14525

Eagle – southern border of the county

Hamlet of Bliss

Hamlet of Eagle

1,168 14024

Gainesville – eastern part of the county

Village of Gainesville

Village of Silver Springs

Hamlet of Rock Glen

2,118 14066 14550 (Silver Springs)

Genesee Falls – southeastern corner of the county, contains Letchworth State Park, Genesee River borders east area of the town.

Hamlet of Portageville

423 14427, 14536 (Portageville)

Java – western part of the county, contains Cattaraugus Creek and Java lake (source of river)

North Java

Hamlet of Java Center

Hamlet of Curriers

Hamlet of Java Lake

Hamlet of Java Village

1,992 14082 14083 (Java Village) 14113 (North Java)

https://en.wikipedia.org/wiki/Arcade_(town),_New_York

https://en.wikipedia.org/wiki/Attica_(town),_New_York

https://en.wikipedia.org/wiki/Bennington,_New_York

https://en.wikipedia.org/wiki/Castile_(town),_New_York

https://en.wikipedia.org/wiki/Covington,_New_York

https://en.wikipedia.org/wiki/Eagle,_New_York

https://en.wikipedia.org/wiki/Gainesville_(town),_New_York

https://en.wikipedia.org/wiki/Genesee_Falls,_New_York

https://en.wikipedia.org/wiki/Java,_New_York


Wyoming County, NY

Situation I-11


TOWNS POPULATION ZIP CODES

Middlebury – northern border of the county, contains Oatka Creek bordering eastern side of the town and the Dale Valley on the west.

Village of Wyoming

Hamlet of West Middlebury

Hamlet of Dale

1,390

14591 14569 (West Middlebury, Millers Crossing) 14039 Dale

Orangeville – centrally located in the county

Hamlet of Johnsonburg

Hamlet of Orangeville Center

1,314 14011 (Attica), 14569

Perry – eastern side of the county, north end of Silver Lake is southwest of Perry village. Town also contains Perry-Warsaw Airport.

Village of Perry

Hamlet of Perry Center

4,402 14530, 14549 (Castle)

Pike – southern border of the county, contains the Wyoming Co Fairgrounds (in Hamlet of Pike)

Hamlet of Portageville

Hamlet of Pike

1,072 14130

Sheldon – western border of the county

Hamlet of Strykersville

Hamlet of Sheldon

Hamlet of North Sheldon

Hamlet of Varysburg

2,317

14145 (Strykersville) 14167 (Varysburg, Persons, Sheldon Center), 14113 (Frinks Corners)

Warsaw – centrally located in the county

Village of Warsaw. The village is the county seat of Wyoming County.

Hamlet of Rock Glen

Hamlet of South Warsaw

4,904 14569

Wethersfield – centrally located in the county

Hamlet of Hermitage 861

14066, 14024 (Hermitage, Smith’s Corners), 14130 (Pike) 14569 Wethersfield Springs

4.1.2 Vulnerable Populations

Wyoming County emPOWER Profile23

Over 2.5 million Medicare beneficiaries nationwide rely on electricity-dependent medical equipment such

23

Sources used: United States Zip Codes: https://www.unitedstateszipcodes.org; HHS emPOWER Map 3.0: https://empowermap.hhs.gov/

https://en.wikipedia.org/wiki/Middlebury,_New_York

https://en.wikipedia.org/wiki/Orangeville,_New_York

https://en.wikipedia.org/wiki/Perry_(town),_New_York

https://en.wikipedia.org/wiki/Pike_(town),_New_York

https://en.wikipedia.org/wiki/Pike_(town),_New_York

https://en.wikipedia.org/wiki/Sheldon,_New_York

https://en.wikipedia.org/wiki/Warsaw_(town),_New_York

https://en.wikipedia.org/wiki/Wethersfield,_New_York

https://www.unitedstateszipcodes.org/

https://empowermap.hhs.gov/


Wyoming County, NY

Situation I-12


as ventilators, Bilevel Positive Airway Pressure (BPAP) machines, cardiac devices, internal feeding mechanisms, IV infusion pumps, suction pumps, at-home dialysis, electric wheelchairs, electric bed, or oxygen concentrators. The U.S. Department of Health and Human Services (HHS), in partnership with the Centers for Medicare and Medicaid Services (CMS), has established an interactive data map titled the HHS emPOWER Map 3.0. The emPOWER tool provides population-level situational awareness of the number of persons (by zip code) who depend on electricity for life-supporting equipment. Severe weather and disasters that cause prolonged power outages or evacuation can be life-threatening to these individuals. EmPOWER data can be used to estimate the number of people who may need assistance during an emergency power outage or evacuation, identify areas for neighborhood wellness checks, and prioritize utility power restoration. Table 4-5 outlines the number of Medicare beneficiaries relying on electricity-dependent equipment within Wyoming County, by zip code level. Because some zip codes are shared between municipalities, the table includes the municipalities that share each zip code.

Table 4-5 Wyoming County emPOWER Data

ZIP CODE MUNICIPALITIES # OF ELECTRICITY-

DEPENDENT

BENEFICIARIES

14009 Arcade; other municipalities included in zip code: East Arcade, border of Eagle, border of Java Village, Curriers, Java Lake

65

14011 Attica; other municipalities included in zip code: Bennington, Varysburg

49

14024 Hamlet of Bliss; other municipalities included in zip code: border of Eagle, and Pike

20

14037 Hamlet of Cowlesville 12

14039 Hamlet of Dale 11

14066 Gainesville; other municipalities included in zip code: Hermitage, Wethersfield, and border of Pike

18

14082 Java; other municipalities included in zip code: Java Center, border of Java Village

11

14083 Java Village 11

14113 North Java 11

14145 Sheldon; other municipalities included in zip code: Strykersville, Harris Corners, North Sheldon

13

14167 Varysburg; other municipalities included in zip code: Johnsonburg, and the border of Orangeville Center

15

14427 Castile; other municipalities included in zip code Lamont, Silver Lake, and the border of Portageville

14

14530 Perry; other municipalities included in zip code: Perry Center, and the border of Silver Lake

60

14536 East Koy in Pike; other municipalities included in zip code: Portageville

12

14550 Silver Springs; other municipalities included in zip code: borders of Rock Glen, South Warsaw, and Silver Lake

20

14569 Warsaw; other municipalities included in zip code: Wethersfield Springs, Rock Glen, border of South Warsaw, and Orangeville Center

82


Wyoming County, NY

Situation I-13


Figure 4-7 Social Vulnerability Themes and Categories

ZIP CODE MUNICIPALITIES # OF ELECTRICITY-

DEPENDENT

BENEFICIARIES

14591

Wyoming; other municipalities included in zip code: Pearl Creek, border of West Middlebury 12

There are some notable observations that can be made from the HHS emPOWER data. There are several zip codes that serve multiple small municipalities, including several hamlets, and have a larger number of electricity-dependent Medicare beneficiaries – chief among these are 14569, 14530, 14011, and 14009. These zip codes cover large areas and are scattered across Wyoming County. There may be a disparity in the resources between the smaller hamlets and villages compared with the larger towns in Wyoming. It may be unrealistic to assume local municipalities will have a clear picture of the vulnerable populations within their constituencies. Consequently, it becomes essential to plan at the county level for the needs of smaller towns and hamlets. Plans should include how wellness checks, deployment of resources, and support for evacuation will be provided in the event of an emergency involving prolonged power outage, sheltering-in-place, or evacuation or emergency sheltering. It is critical to work with community service providers that serve this population (such as Office for Aging, Independent Living of the Genesee Region, home health agencies, Department of Social Services, Veteran Services) to foster development of effective individual preparedness plans, develop processes for identifying the most vulnerable community members during an emergency, and establish methods for conducting wellness checks and assisting in evacuation where necessary.

Social Vulnerability Index

Social vulnerability refers to a community’s capacity to prepare for and respond to the stress of hazardous events ranging from natural disasters, such as tornadoes or disease outbreaks, to human-caused threats, such as toxic chemical spills. The Centers for Disease Control and Prevention (CDC’s) SVI uses U.S. Census data to depict the social vulnerability of a community, at census tract (or zip code) level, within a specified county. SVI 2016 groups 15 U.S. Census-derived factors into four themes that summarize the extent to which the area is socially vulnerable to disaster. SVI 2016 also provides color-coded maps to illustrate the

Figure 4-6 Wyoming County Zip Codes


Wyoming County, NY

Situation I-14


Figure 4-9 SVI Rankings of Wyoming County by Socioeconomic Status, Household Composition/Disability,

Race/Ethnicity/Language, Housing/Transportation

vulnerability of an area based on the established themes: Socioeconomic Status, Household Composition and Disability, Minority Status and Language, and Housing and Transportation. Additionally, the SVI 2016 makes the dataset containing the aggregated statistics publicly available. These data have been incorporated into the Wyoming County Demographics section of this county profile. Figures 4-8 and 4-9 provide a visual representation of the CDC’s social vulnerability rankings based on the themes and categories noted above. Figure 4-8 shows the highest levels of overall social vulnerability roughly in the same areas that the emPOWER data indicated high numbers of electricity-dependent Medicare beneficiaries. It is important to note that SVI rankings encompass many social factors and that the emPOWER data only reflects one

component of these community characteristics. Figure 4-9 illustrates the SVI rankings across the categories identified above. The Housing and Transportation map shows very high vulnerability rankings along the northern central border of Wyoming County, as well as around the Warsaw area. Social factors related to household composition and disability are highest in the areas around Warsaw, the municipalities in the lower Perry area towards Castile, potentially the Silver Springs area and within the

areas around Castile. The SVI rankings show low vulnerability related to race/ethnicity/language throughout Wyoming County, except in the same northern central area that shows high housing/transportation vulnerability, which is likely related to the racial profile of Wyoming County (92.1% white) with a small population speaking languages other than English (4.1%).

Overall the emPOWER and SVI data provides a relatively consistent and clear picture of key areas within in Wyoming County that may house some of the most vulnerable populations, emphasizing the importance of working with these municipalities, and providers serving these areas to plan for individuals with disabilities, medical conditions, and others with access and functional needs.

4.1.3 Whole Community Planning – Building Community-Based Partnerships

Figure 4-8 Overall Social Vulnerability Assessment

Wyoming County


Wyoming County, NY

Situation I-15


Whole Community Planning engages emergency management practitioners, public health, organizational and community leaders, and NGOs and community-based organizations in a preparedness and emergency response planning process to assess the needs of their community and determine the best ways to organize and strengthen their assets, capacities, and serve the interests of stakeholders. Community partners can serve as essential County partners to offer valuable insights, feedback, and resources.

Agencies/organizations may already offer resources to their constituencies in Wyoming County, including advocacy, support services, or resources for individuals with disabilities, older adults, children’s-based services, families caring for a child or elder who requires supportive services, cultural and faith-based services, or other individuals with access and functional needs. Wyoming County emergency management may already have established relationships with many of these partners. Tapping into these pre-existing structures by formalizing partnerships across the community can expand the County’s preparedness, response, and recovery capabilities, and distribute the burden of emergency management across the whole community. Some of the core benefits of including these, and other community partners, into response planning include:

Access to “real world” census data based on service provider client populations.

Contribution to the development of response plans by providing unique insights and perspectives across the diverse array of community needs.

Resources as subject matter experts in their areas of service provision.

Strengthening of Wyoming County’s social infrastructure and network.

Greater capacity to build individual preparedness efforts through already established and trusted community resources.

Potential for additional resources (both assets and people) during response activities.

Increased ability to provide coordinated continuity of services and recovery resources when community partners and emergency management are aware of each other’s capacity and connected through formal processes.

4.1.4 Notable Infrastructure

Wyoming County has several notable infrastructure features, including:

Attica Correctional Facility24

Wyoming Correctional Facility

U.S. Route 20A, NY-19, NY-39

Perry Warsaw Airport25

Wyoming County Community Health System26

Windfarms

Solar Energy Sites

Pipelines (brine)27

Rail lines (passenger)28

24

Attica and Wyoming Correctional Facilities: http://www.doccs.ny.gov/faclist.html 25

Perry-Warsaw Airport: https://www.airnav.com/airport/01G 26

Wyoming County Community Health System: http://www.wcchs.net/ 27

Pipelines (brine): https://www.texasbrine.com/ 28

Map of NYS Railroads: https://www.dot.ny.gov/divisions/operating/opdm/passenger-rail/passenger-rail-repository/2016%20NYS%20Rail%20Map.pdf

http://www.doccs.ny.gov/faclist.html


https://www.airnav.com/airport/01G

http://www.wcchs.net/

https://www.texasbrine.com/

https://www.dot.ny.gov/divisions/operating/opdm/passenger-rail/passenger-rail-repository/2016%20NYS%20Rail%20Map.pdf


https://www.airnav.com/airport/01G

http://www.wcchs.net/

https://www.texasbrine.com/




Wyoming County, NY

Situation I-16


“The largest major employers within Wyoming County are the agricultural, healthcare, and manufacturing industries. Other major employers include County government, and the correctional facilities. The County also houses nursing homes, numerous manufacturing facilities and local dairy farms” (Wyoming County CEPA).

4.1.5 Seasonal Tourism and Special Events

Special events may result in temporary increased population, especially in the warmer months. Some special events in Wyoming County include:

Apple-Umpkin Festival29

Attica Rodeo30

County Fair31

Letchworth Craft Show32*

Other notable events include 5K races throughout the year.

Wyoming County Multi-Jurisdictional All-Hazard Mitigation Plan 4.2

4.2.1 Risk Reduction

Hazard mitigation is any action taken to eliminate or reduce the occurrence or impact of a hazard. Mitigation actions must be technically feasible, cost effective, and environmentally sound. Examples of mitigation actions can include relatively inexpensive and simple activities like installing a hazard warning device, or expensive and complex project such as an engineered flood control dam. The Wyoming County HMP establishes objectives and projects for each of the County’s municipalities and helps them identify and mobilize resources that can be used to implement improvements that may reduce risks associated with natural hazards.

The Wyoming County HMP is a multi-jurisdictional plan that addresses natural hazards of concern throughout the County. Its main purpose is to engage local communities in the process of hazard identification, risk assessment and reduction, and the development of hazard mitigation strategies. The Wyoming County HMP conforms to regulations set forth in the federal Disaster Mitigation Act of 200033 (DMA 2000) and is complementary to the New York State Hazard Mitigation Plan34. The Wyoming County HMP emphasizes disaster risk reduction goals and promotes hazard mitigation and risk reduction.

4.2.2 Summary of Hazards and Vulnerabilities

Wyoming County is susceptible to many natural, technological, and human-caused hazards. Based on the comprehensive analysis of Wyoming’s history of natural disasters and other incidents and the risks identified in New York State’s 2018 CEPA, Wyoming County is most susceptible to flooding, severe snowstorms, cyber-attack, and major transportation accidents.

29

Apple-Umpkin Festival: http://www.appleumpkin.com/ 30

Attica Rodeo: http://www.atticarodeo.com/ 31

Wyoming County Fair: http://www.wyomingcountyfair.org/ 32

Letchworth Craft Show: https://artswyco.org/lacs/ 33

Disaster Mitigation Act of 2020: https://www.fema.gov/blog/disaster-mitigation-act-2000-20-years-mitigation-planning 34

New York State Hazard Mitigation Plan: http://www.dhses.ny.gov/recovery/mitigation/plan.cfm

http://www.appleumpkin.com/

http://www.atticarodeo.com/

http://www.wyomingcountyfair.org/

https://artswyco.org/lacs/

http://www.appleumpkin.com/

http://www.atticarodeo.com/

http://www.wyomingcountyfair.org/

https://artswyco.org/lacs/

https://www.fema.gov/blog/disaster-mitigation-act-2000-20-years-mitigation-planning

http://www.dhses.ny.gov/recovery/mitigation/plan.cfm


Wyoming County, NY

Planning Assumptions I-17


5. Planning Assumptions The following assumptions were made in the development of this plan, the Wyoming County CEMP:

1. A wide variety of emergencies (natural, human-caused, technological, and acts of terrorism) may (1) result in loss of life, property, and income; (2) disrupt the normal functions of government, communities, and families; and (3) cause human suffering.

2. Citizen self-sufficiency is essential to building resilient communities. The citizens of Wyoming County are expected to design and maintain personal or family emergency plans35, which should address how each family is to function during an emergency and maintain essential supplies to allow for at least 72 hours of self-sufficiency.

3. The primary responsibility for responding to emergencies rests with the local governments of towns and villages, and with their Chief Elected Official.

4. The local Chief Elected Official (town, village):

a. Has the authority to direct and coordinate disaster operations or may delegate this authority to a local designated coordinator.

b. May obtain assistance from other political subdivisions and the Wyoming County government when local resources are or may become inadequate, in accordance with NYS Executive Law Article 2-B.

5. When responding to a disaster, local jurisdictions are recommended to utilize their own facilities, equipment, supplies, personnel, and resources first.

6. Wyoming County government normally provides leadership and direction to prevent, mitigate, respond to, and recover from dangers and problems arising from emergencies in Wyoming County.

7. The Board of Supervisors:

a. Has the authority to direct and coordinate County disaster and initial recovery operations;

b. May coordinate responses for requests for assistance from local governments;

c. May obtain assistance from other counties or New York State when the emergency or disaster is beyond the resources of Wyoming County;

d. Has authority to direct and coordinate County disaster and initial recovery operations.

8. Wyoming County normally utilizes National Incident Management System (NIMS) and the Incident Command System (ICS) to manage all emergencies requiring multiagency response (Appendix 3 – NIMS, Resolution #].

9. All New York State assistance is supplemental to local emergency efforts.

10. Direction and control of state-level preparedness, response, and recovery actions is exercised by the NYS Disaster Preparedness Commission (DPC), coordinated by the Division of Homeland Security and Emergency Services (DHSES) and New York State Office of Emergency Management (State OEM).

11. A request for assistance to New York State will be submitted to the State OEM through the Region 5 Office, or via the New York Responds system.

35

FEMA Ready.Gov: https://www.ready.gov/

https://www.ready.gov/



Wyoming County, NY

Concept of Operations I-18


12. Upon the occurrence of an emergency clearly beyond the management capability and emergency resources of state and local governments, the Governor may request federal assistance from the President of the United States by requesting a declaration of a state of major disaster or emergency.

6. Concept of Operations An emergency or disaster (herein referred to as “incident”) occurring within Wyoming County or the surrounding region may originate within a local jurisdiction and escalate beyond the local jurisdiction’s capabilities, prompting the need for county-level or state-level assistance. Support requirements may vary based on the size, scope, and impact of the incident. Wyoming County’s Concept of Operations (CONOPS) aligns with guiding principles outlined in NYS Executive Law Article 2-B and with NYS CEMP Volume II – Response and Short-Term Recovery, summarized in the sections below.

The Chairperson of the Board of Supervisors is ultimately responsible for County emergency response activities. Day-to-day coordination of countywide direction and control of emergency management activities resides with the WCOES Director of Fire and Emergency Management, as directed by the Board of Supervisors. Many County departments have emergency functions in addition to their normal duties. Each department is responsible for developing and maintaining their own emergency management procedures. Specific responsibilities are outlined in this CEMP document, as well as in individual annexes.

Direction and control for towns and villages resides with the corresponding Chief Elected Official. Countywide direction and control of activities may be coordinated through the EOC to support the response to a disaster. This can help with coordination among the Wyoming County Board of Supervisors and the judicial branches of County government for the continuity of operations of essential government services.

Wyoming County is committed to maintaining essential government services during times of crisis. Continuity of operations planning details how Wyoming County departments may limit disruptions that may come from a major incident within the County. Planning ensures that orderly succession plans for Wyoming County leadership and department staff would be in place in case normal activities are disrupted during an emergency.

Notification and Plan Activation 6.1

Upon initial notification of an emergency, the County 911 Communications Center may alert the appropriate Wyoming County official(s). Notification may be done through phone call, text message, emergency notification system (IAMRESPONDING) or activation of mobile pagers. This initial notification sets into motion the activation of County emergency response personnel. The WCOES Director of Fire and Emergency Management and Chairperson of the Board of Supervisor will determine the need to activate the EOC. Staff requested to support the EOC will be asked to report at a given date and time, and notification to all county departments will be issued by the Board office. The EOC can be activated for major emergencies and disasters. When the EOC is activated, it is essential to establish a division of responsibilities between the Incident Command Post (ICP) and the Emergency Operations Center (EOC).

6.1.1 No-Notice Incidents

No-notice incidents may be natural, technological, or man-made; can be localized or widespread; and may have a variety of primary and secondary consequences. Some examples of no-notice incidents include earthquakes, tsunamis, chemical spills and explosions, power blackouts, and terrorist attacks. Incidents with typically predictable patterns have the potential to become no-notice events when their behavior differs from what is expected. One example is the convergence of two rapidly moving severe storms, creating instantaneous flood conditions on a local river or lake.


Wyoming County, NY



6.1.2 Scheduled or Planned Events Mass gatherings require a county permit to be issued for attendance over 5,000 individuals (Local Law No. 2 of 2015). County departments including OES, Sheriff, Building Codes and Health Department must sign off on approvals prior to the Board of Supervisors issuing a permit. This mechanism helps ensure that necessary parties are involved in pre-planning. Events under 5,000 still require that event organizers comply with all regulations required by the county of State Health Department as well as must notify the Sheriffs Office and Emergency Services of the planned event.

6.1.3 Monitoring Systems

Monitoring tasks include detecting the hazard potential and taking measurements or observations of the hazard.

All Wyoming County hazard monitoring should be coordinated with, and make use of, local governments, private industry, school districts, utility companies, and volunteer agencies and individuals, as appropriate. WCOES relies on a number of hazard warning systems of the federal and state government, the National Weather Service (NWS), the National Oceanic and Atmosphere Administration (NOAA), and the media. Citizens are expected to be aware of a hazardous situation for which there is significant media attention, such as severe weather or flooding.

Monitoring sources of information include the following:

Wyoming County 911 Communications Center

School Systems

National Weather Services

Wyoming County Sheriff

Fire and EMS agencies

Highway Departments

State and Local Health Departments – Integrated Health Alert Notification System (IHANS)

NYS Office of Emergency Management (NYS OEM)

NYS Governor’s Office

National Emergency Alert System (EAS)36

This initial notification sets into motion the activation of Wyoming County emergency response framework. Each emergency is to be classified into County Response Levels in Figure 6-1 below according to the scope and magnitude of the incident.

36

The National Emergency Alert System is designed to provide the President of the United States automatic access to the nation's broadcast and cable facilities, and to speak directly to the country in times of national disaster. Secondarily, the EAS system can be used by the National Weather Service and state and local officials to disseminate other types of emergency information. The National Emergency Alert System operates on designated local broadcast and cable providers. This is the familiar weekly/monthly test alert messages seen on TV and heard on the radio stations.


Wyoming County, NY



Monitoring:

•Routine monitoring, non-emergency situation.

•Facility readiness status maintained through planning sessions, trainng, drills, and exercises.

Enhanced Monitoring:

•Emergt or non-emergent situation with potential threat to life, health, or property, which may require assistance beyond initial first responders.

Partial Activation:

•Situation with threat to life, health, or property, but confined to limited area, usually within one municipality or involving small population.

Full Activation:

•Full emergency situation with major threat to life, health, or property, involving large population and/or multiple municipalities.

Figure 6-1 Wyoming County Response Levels

Initial Impact Assessment 6.2

Wyoming County uses NYRESPONDS as an incident management coordination tool with the NYSDHSES.

NIMS/ICS Organization 6.3

6.3.1 National Incident Management System

National Incident Management System (NIMS) is a comprehensive, national approach to incident management that is applicable at all jurisdictional levels and across functional disciplines. NIMS enables local, state, and federal partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity, to reduce (1) the loss of life and property, and (2) harm to the environment. NIMS guides all levels of government, NGO, and the private sector to work together to prevent, protect against, mitigate, respond to, and recover from incidents. NIMS provides stakeholders across the whole community with the shared vocabulary, systems, and processes to successfully deliver the capabilities described in the National Preparedness System. NIMS defines operational systems, including the ICS, EOC structures, and Multiagency Coordination (MAC) Groups that guide collaboration between personnel during incidents. NIMS applies to all incidents, from traffic accidents to major disasters. In summary, NIMS is:

A comprehensive, nationwide, systematic approach to incident management, including the command and coordination of incidents, resource management, and information management.

A set of concepts and principles for all threats, hazards, and events across all mission areas (Prevention, Protection, Mitigation, Response, Recovery).

Scalable, flexible, and adaptable; used for all incidents, from day-to-day operations to large-scale incidents.

Standard resource management guidelines that enable coordination among different jurisdictions or organizations.

Essential principles for communications and information management.

Integration of best practices and lessons learned for continuous improvement.

Addresses Multiagency Coordination (MAC) Systems, sometimes called policy groups, typically consist of agency administrators or executives from organizations or their designees.

6.3.2 Incident Command System


Wyoming County, NY



The Incident Command System (ICS) is a management system, or structure, designed to enable effective and efficient domestic incident management by integrating a combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure. The basic premise of ICS is that it is widely applicable and can be used to organize both short-term and long-term field-level operations for a broad spectrum of emergencies, both natural and human-caused, ranging from small to complex incidents. ICS has also been shown to be an effective tool for creating and operating planned events (Large Special Events). ICS is used by all levels of government – federal, state, local, and tribal – as well as by many private sector and NGOs. ICS is applicable across disciplines and is typically structured to facilitate activities in five major functional areas: command, operations, planning, logistics, and finance/administration. An on-scene ICS with all five functions organized as sections is depicted below.

Figure 6-2 Wyoming County Incident Command System (ICS)

Incident Command

Incident Command (IC) refers to the ICS organizational element responsible for overall management of the incident and consists of the Incident Commander and any additional Command Staff who are activated. Incident Command Post (ICP) refers to the field location where the primary functions of incident command are carried out via application to field activities.

Under ICS, an Incident Commander has the overall responsibility for the effective on-scene management of the incident and must ensure that an adequate organization is in place to carry out all emergency functions. The Incident Commander directs emergency operations from an Incident Command Post, the only command post at the emergency scene.

In minor incidents, the five ICS functions may all be managed directly by the IC. Larger incidents usually require that one or more of the functions be set up as separate sections under the IC. Within the Command function, the IC has additional responsibilities for Safety, Public Information, and Liaison. These activities can be assigned to staff under the IC.

Unified Command

In Unified Command (UC), there is no one “commander.” When no one jurisdiction, agency, or organization has primary authority or the resources to manage an incident on its own (or both), UC may be established. The UC manages the incident through the use of jointly approved objectives.

UC allows these participating organizations to set aside issues such as overlapping and competing authorities, jurisdictional boundaries, and resource ownership to focus on setting clear priorities and objectives for the incident response. The resulting unity of effort allows the UC to allocate resources regardless of ownership or location. UC does not affect individual agency authority, responsibility, or accountability.

6.3.3 Wyoming County Incident Command System

Wyoming County endorses the use of the ICS, as developed by the NIMS, and formally adopted by the State of New York for emergencies requiring multiagency response. ICS allows flexibility in its implementation so that its structure can be tailored to the specific situation at hand. The first emergency

Command

Operations Planning Logistics Finance


Wyoming County, NY



response units responding to an incident should initiate ICS.

During an emergency, Wyoming County response personnel must be cognizant of ICS in place and their role in it. Some County personnel may be responders to the scene as well as part of the on-scene ICS structure in a functional or staff role. Other County personnel may be assigned to the County EOC or other locations to provide support to the responders at the scene. All County response personnel not assigned to the on-scene ICS may be coordinated by or through the County OES and/or EOC.

The Incident Commander is usually selected due to his or her position as the highest-ranking responding officer at the scene. The Incident Commander must be fully qualified to manage the incident. As an incident grows in size or becomes more complex, a more highly qualified Incident Commander may be assigned by the responsible jurisdiction. Thus, a Wyoming County official could be designated as the Incident Commander.

A major emergency encompassing a large geographic area may have more than one emergency scene. In this situation, separate Incident Commanders may set up command at multiple locations. In this case, an Area Command may be established.

Wyoming County response personnel operating at the EOC may be organized by ICS function and interface with their on-scene counterparts, as appropriate.

Whenever the ICS is established, County response forces should be assigned to specific ICS functions wherever they are needed, including at the scene, at the EOC in a support role, or at an Area Command, if established. Assignments may change as the situation dictates or as directed by the EOC manager.

The Wyoming County Board of Supervisors shall exercise ultimate responsibility and oversight for emergency response and shall dictate ICS responsibilities as described, or as special circumstance warrants.

Mutual Aid Agreements 6.4

Wyoming County maintains agreements for outside assistance. Memorandums of Understanding (MOUs) and Letters of Agreement (LOAs) may exist with agencies that accept the responsibilities to lead an ESF under the CEMP. These agreements are on file with WCOES.


Wyoming County, NY

Authorities I-23


7. Authorities Wyoming County Board of Supervisors Resolution No. 04-23, ADOPTION OF WYOMING COUNTY

COMPREHENSIVE EMERGENCY MANAGEMENT PLAN

NYS Executive Law Article 2-B:

§23 – Local comprehensive emergency management plan §23b – Nursing home and assisted living facility plans §24 – Local state of emergency; local emergency orders by chief executive §25 – Use of local government resources in a disaster §26 – Coordination of local disaster preparedness forces and local civil defense forces in

disasters §27 – Continuity of local governments §28 – Post-disaster recovery planning §29h – Intrastate mutual aid program

Robert T. Stafford Disaster Relief and Emergency Assistance Act (“Stafford Act”)

Homeland Security Presidential Directives (HSPD-3, HSPD-5)

Presidential Policy Directive (PPD-8)

Post-Katrina Emergency Management Reform Act (PKEMRA) (2006)

Americans with Disabilities Act (ADA) of 1990

Rehabilitation Act of 1973, and the Fair Housing Act

Older Americans Act of 1965

Pets Evacuation and Transportation Standards (PETS) Act (2006)

Section 508 of the Workforce Rehabilitation Act

New York State Defense Emergency Act

National Strategy for Homeland Security

Defense Relief Act of 1974; PL 93-288

Federal Civil Defense Act of 1950; PL 81-950

Title III of the Superfund Amendments and Reauthorization Act; PL 99-499

Presidential Executive Order 11490

National Strategy for Homeland Security, 2002

National Incident Management System

National Response Framework


Wyoming County, NY

Plan Maintenance and Distribution I-24


8. Plan Maintenance and Distribution WCOES will maintain the responsibility for initiating the appropriate review and facilitating the necessary updates to the Wyoming County CEMP – Base Plan. Additional supporting planning documents, including but not limited to functional or hazard-specific annexes, appendices, or attachments, may be updated and maintained separately and/or by other expertise-driven or functional groups.

County departments and key stakeholders with roles and responsibilities outlined in the CEMP are also responsible for developing and maintaining their respective plans to support obligations identified in this CEMP document.

Plan Maintenance and Update Protocol 8.1

Wyoming County Emergency Services is responsible for maintaining the Wyoming County CEMP. This plan maintenance protocol applies to the Base Plan and any attached documents. Revision of this plan should occur annually, but no more than every three years, or following any EOC activation or significant event. Revised copies will be made available electronically to County departments and key stakeholders. Revisions will be cataloged in the Record of Change in this document.

8.1.1 Annually

The Wyoming County CEMP should be reviewed annually, but no more than every three years. The plan update may be completed by the OES and should incorporate feedback from key stakeholders, elected officials and county department leadership. In addition, the plan should be updated following significant organizational or procedural changes or other events that impact Wyoming County emergency response and recovery processes or procedures.

All CEMP stakeholders, including County departments with roles and responsibilities outlined in the CEMP, are responsible for maintaining and routinely updating their respective plans.

8.1.2 As Needed

The Wyoming County CEMP – Base Plan may also be updated in response to specific findings from exercises and drills, after action reports (AARs) from actual incidents and planned events, other identified improvement plans (IPs), or regulatory changes.

Plan Distribution Protocol 8.2

8.2.1 Distribution to Local Planning Partners and Stakeholders

WCOES will make available the CEMP to all County department heads and key stakeholders of record via electronic format, such as network drives or email (see Appendix 4 - CEMP Plan Distribution). Additionally, departments with leadership roles in hazard-specific plans (e.g., annexes, appendices, etc.) or for ESFs are expected to review these documents in accordance with the plan maintenance and update protocol. Stakeholders may provide updated annexes to both WCOES as well as partners identified in their respective planning documents.

8.2.2 CEMP Submission to NYS

In accordance with Article 2B §23 Item 6, WCOES is requested to submit the CEMP—Base Plan to the DHSES Region 5 Office annually by December 31.

Section II Preparedness

Preparedness Overview II-1

Section II – Preparedness

1. Preparedness Overview Preparedness encompasses the full range of tasks necessary to build, sustain, and improve the operational capability to prevent, protect against, respond to, and recover from emergencies. Wyoming County Office of Emergency Services (WCOES) routinely participates in the full spectrum of preparedness activities to prepare for emergency incidents and events that may affect the essential services and functions of Wyoming County. This section describes the key components of the County’s preparedness activities: (1) areas of organizational preparedness, (2) individual (staff) and family preparedness, and (3) maintaining related plans.

Organization Preparedness Through County Departments 1.1

Wyoming County departments and agencies participate in the following activities to maintain department-level preparedness to fulfill the roles and responsibilities outlined within the Comprehensive Emergency Management Plan (CEMP) and its ancillary annexes and hazard-specific plans:

Appoint a liaison and alternate(s) to work with WCOES on mitigation, preparedness, response, and recovery issues as well as in the development and maintenance of this plan.

Provide staff to be available at the request of WCOES for disaster training and assignment. The respective department or agency requesting additional staff will bear the cost for labor.

Maintain a current inventory of key organizational personnel, facilities, and equipment resources.

Establish policies and guidelines for organizational chain of command and succession of authority during a disaster.

Develop and maintain relevant plans and planning documents.

Build and maintain collaborative relationships with key response stakeholders, including local, county, state, and federal agencies to ensure cohesive working relationships and compatible emergency plans.

Build, formalize, and maintain collaborative partnerships with community stakeholders and private sector vendors.

Maintain and update mutual aid and formal agreements.

Participate in emergency preparedness training, exercises, and after action processes.

Promote policies, programs, and activities to reduce hazards and risks in each department or agency’s respective areas of responsibility.

Preparedness Overview II-2


Individual (Staff) Preparedness 1.2

During emergencies, Wyoming County employees may not be able to perform at peak efficiency if they are also impacted by the incident. As such, all County staff members are encouraged to create and maintain individual and family preparedness plans37, specifically those employees who have emergency response roles and responsibilities.

Related Plans 1.3

Table 2-1 provides a list of plans and documents that outline emergency response procedures that supplement or support the implementation and activation of this CEMP.

Table 2-1 Related Plans

RELATED PLANS AND RESOURCES

Wyoming County Hazard Mitigation Plan

Wyoming County Continuity of Operations Plan

Wyoming County Public Health Emergency Preparedness and Response Plan

Wyoming County Hazardous Materials Response Plan

Wyoming County Evacuation Response Guide

Wyoming County Debris Management Plan

Wyoming County Damage Assessment Plan

Wyoming County Fire Mutual Aid Plan

Wyoming County EMS Mutual Aid Plan

Wyoming County Functional Needs Shelter Plan

Wyoming County Commodity Point of Distribution Plan

Wyoming County Volunteer and Donations Management Plan

37

FEAM Ready.gov: https://www.ready.gov


https://www.wyomingco.net/578/2021-Hazard-Mitigation-Plan


Capability Assessment II-3


2. Capability Assessment Routine capability assessment provides a foundation for Wyoming County to implement a comprehensive hazard mitigation strategy as well as to identify potential opportunities for establishing or enhancing emergency management policies and programs. As in any planning process, it is important to establish which goals, objectives, and actions are feasible based on an understanding of the overall organizational capacity of Wyoming County, including its County-level departments and key stakeholders tasked with the implementation of the identified goals.

A capability assessment has two primary components: (1) an inventory of the County’s relevant plans, ordinances, or programs already in place, and (2) an analysis of its capacity to carry them out. Careful examination of Wyoming County’s capabilities will help to determine existing gaps, shortfalls, or weaknesses that could hinder a County-level response.

County Emergency Preparedness Assessment 2.1

The New York State (NYS) Division of Homeland Security and Emergency Services (DHSES) County Emergency Preparedness Assessment (CEPA) program “is a framework and tool to help state and local stakeholders assess risk, capabilities, and the potential need for support and resources during emergencies or disasters. CEPA provides a standardized and repeatable process to better understand capabilities at the county and local level and allows for the examination and analysis of statewide trends.”38 The NYS DHSES CEPA program provides a standardized process that aligns with the federal Threat and Hazard Identification and Risk Assessment (THIRA).39 CEPA is based on 28 Critical Capabilities and is designed to accomplish the following:

Validate or capture key information about Wyoming County demographics and unique aspects.

Provide a statewide standardized hazard assessment.

Conduct a capability assessment.

Determine capacity limitations for each response capability.

Identify existing inventories of key response resources.

Identify gaps and anticipated resource needs.

Capture strengths and best practices as well as areas for enhancement.

Wyoming County’s CEPA is conducted routinely in partnership with DHSES and provides a basic method for (1) analyzing and ranking identified hazards, and (2) assessing and correlating the County’s risk, capabilities, and potential needs for additional incident-related resources. Capabilities are examined using the planning, organization, equipment, training and exercises (POETE), or real-world event areas of the 28 state-level Critical Capabilities, with a ranking of 1 (low level of response capacity, red) to 5 (high level of response capacity, green). WCOES includes public and private sector partners as well as state and federal counterparts as needed to support this biannual assessment. Figure 2-2 provides a summary of Wyoming County’s current response capabilities by scenario and hazard; and Table 2-3 provides expanded risk and hazard assessment information, including likelihood, consequence, and overall risk score.

38

NYS DHSES CEPA Participant Guide, V.1.0, p.3 39

THIRA: https://www.fema.gov/threat-and-hazard-identification-and-risk-assessment

https://www.fema.gov/threat-and-hazard-identification-and-risk-assessment

Capability Assessment II-4


Figure 2-2. Risk/Vulnerability Assessment

Table 2-3. Expanded Risk/Vulnerability Assessment

Wyoming County’s full report is maintained by WCOES. The County’s full CEPA is security sensitive (labeled as For Official Use Only [FOUO]) and not for public release or dissemination.

Mitigation Planning II-5


Wyoming County Hazard Mitigation Plan 2.2

The Wyoming County HMP was developed to help Wyoming County and its participating municipalities to:

Break the cycle of destruction affecting the lives, safety, and property of local residents by addressing mitigation concerns prior to future hazard events.

Pursue effective mitigation strategies that are realistic, achievable, and may reduce the potential of future damage and economic loss.

Plan ahead for recovery efforts that routinely follow future disaster events.

Qualify for additional pre- and post-disaster funding.

Meet State of New York and Federal legislative requirements regarding pre-disaster mitigation.

The Wyoming County HMP is countywide and addresses all natural, technological, and human-caused hazards recognized as a threat to the residents and property of Wyoming County and its municipalities.

County Infrastructure and Critical Facilities 2.3

The protection of County infrastructure and critical facilities is vital to Wyoming County’s security, public health and safety, and economic vitality. The responsibility for protecting critical infrastructure and key resources in the County falls under local, county, and state law enforcement. County-owned facilities, emergency-related resources such as hospitals and ambulances, municipal water supply services, specialized facilities, schools (K-12, colleges), and state assets make up some of the critical infrastructure in Wyoming County.

The process for monitoring and reporting status of critical infrastructure owned or managed by the County is through regular agency reporting, EOC, and planning activities. The typical channel for monitoring the status of any critical infrastructure, specialized facilities, and state assets located within the County is through local (town and village) officials in the jurisdictions where these facilities are located. The status and needs of all designated critical infrastructure and resources should be verified by the WCOES and EOC-based agencies as described below.

2.3.1 Critical Infrastructure

A list of critical infrastructure within Wyoming County is located on the WCOES department drive and regularly updated. This list is security sensitive and labeled as For Official Use Only {FOUO}) and not for public release or dissemination.

3. Mitigation Planning Hazard Mitigation Grant Program 3.1

The Hazard Mitigation Grant Program (HMGP) provides federal grants to implement long-term hazard mitigation measures after a major disaster declaration. The purpose of the program is to reduce the loss of life and property due to natural disasters and to enable mitigation measures to be implemented during the immediate recovery from a disaster. Hazard mitigation planning is an important aspect of a successful mitigation program. States and communities use the hazard mitigation planning process to set short-range and long-range mitigation goals and objectives. Hazard mitigation planning is a collaborative process whereby hazards affecting the community are identified, vulnerability to the hazards is assessed, and consensus is reached on how to minimize or eliminate the effects of these hazards.

WCOES maintains a Multi-Jurisdictional All-Hazard Mitigation Plan (Wyoming County HMP). The Wyoming County HMP demonstrates Wyoming County and the community’s commitment to reducing risks from all hazards and serves as a guide for decision makers as they commit resources to minimize the effects of hazards. The Wyoming County HMP is the blueprint for reducing Wyoming County’s vulnerability to

Mitigation Planning II-6


disasters and hazards.

The Wyoming County HMP is intended to integrate with Wyoming County and municipal planning mechanisms already in place, such as building and zoning regulations, environmental planning, and long-range planning mechanisms. The planning process includes conducting subsequent mitigation actions and projects for the town and participating municipalities. The Wyoming County HMP serves the following functions:

Identify and analyze potential hazards within Wyoming County, including natural, technological, and human-caused hazards.

Determine the probable impact each of those hazards could have on people and property.

Delineate the geographic areas affected by potential hazards.

Identify potential regional hazards that may impact Wyoming County.

Designation of County Hazard Mitigation Coordinator 3.2

The Director of Fire and Emergency Management or a designee has been selected by the Wyoming County Chairperson of the Board of Supervisors as the County Hazard Mitigation Coordinator (HMC) and is responsible for performing the following:

Coordinate County efforts to reduce hazards in Wyoming County.

Enlist and support participation from all County agencies and municipalities in risk reduction activities with the Wyoming County HMC.

Participate as a member of the Executive Group.

Participate in the planning and review process.

All County agencies should participate in risk reduction activities with the County HMC.

Local Emergency Planning Committee 3.3

Local Emergency Planning Committee (LEPC) members are appointed by the State Emergency Response Commission (SERC). LEPCs have the authority to request additional information from facilities for their own planning purposes or on behalf of others. LEPCs may want to visit municipalities to identify community actions taken to reduce hazards, prepare for accidents, and reduce hazardous inventories and releases. LEPCs can take civil actions against facilities if they fail to provide information required under the Act. LEPCs must consist of representatives from the following groups and organizations:

Elected and local officials

Law enforcement

Civil defense

Firefighting

Emergency Medical Services

Health

Local environmental/transportation agencies

Hospitals

Broadcast and print media

Community groups

Representatives of facilities subject to the emergency planning and community right-to-know requirement

Response Planning II-7


4. Response Planning General Emergency Roles and Responsibilities 4.1

4.1.1 Chairperson of the Wyoming County Board of Supervisors

The Chairperson of the Wyoming County Board of Supervisors is ultimately responsible for Wyoming County emergency response activities as well as the following actions:

May assume personnel oversight of the County emergency response organization if the scope and magnitude of the emergency indicates the necessity of personnel management and direction of response and recovery operations.

Control the use of all County-owned resources and facilities for disaster response.

May declare a local state of emergency in consultation with the Director of Fire and Emergency Management, and other applicable roles.

May request assistance from other counties and NYS when it appears the incident may escalate beyond the capability of Wyoming County resources.

May provide assistance to others at the request of other local governments both within and outside of Wyoming County.

4.1.2 Wyoming County Board of Supervisors Roles and Responsibilities

The Wyoming County Board of Supervisor’s emergency management responsibilities include the following actions:

Fill vacancies of elected officials and other unaccounted critical County positions, if necessary.

Appropriate money to meet emergency expenditures

Coordinate with the Chairperson of the Board of Supervisors in regard to the responsibilities listed above

4.1.3 Wyoming County Director of Fire and Emergency Management

The Wyoming County Director of Fire and Emergency Management or designee has the day-to-day authority and responsibility for overseeing emergency management programs and activities.

The Director of Fire and Emergency Management provides recommendations of emergency response actions, such as declaring a local state of emergency (SOE). Consideration and decision to declare an SOE will typically be based on the severity of the situation, the urgency for taking specific response actions, and the necessity to use additional executive power to effectively respond to the incident at hand. Additional roles and responsibilities may include but are not limited to:

Development and maintenance of the Wyoming County CEMP and associated annex and appendixes

Activate the necessary components of this plan and initiates County response.

Notify and brief County departments, agencies, and other organizations involved in an emergency response.

Facilitate coordination between the County and the following:

Incident/Unified Command

Affected municipalities within Wyoming County

Contiguous county emergency management officials, or local governments outside the Wyoming County

State agencies (e.g., NYS DHSES, NYS Police, NYS DOT)

Private emergency support organizations



Non-governmental organizations (NGO)

Voluntary organizations active in disaster (VOAD)

4.1.4 County Department Leadership

Departments and agencies should participate in the development of local emergency plans and provide key response resources. Department leadership and staff develop, plan, and train to internal policies and procedures to safely meet response and recovery needs. They should also participate in inter-departmental and inter-agency training to develop and maintain necessary response and recovery capabilities. Department and agency leadership not assigned a specific function in this plan are requested to be prepared to make their resources available for emergency duty at the direction of the Incident Commander

4.1.5 Local Chief Elected Officials

The responsibilities of the Chief Elected Official include the following actions:

Coordinate with WCOES in the event of a multi-jurisdictional response.

Support the overall preparedness program, including budgetary and organizational requirements.

Implement policies and decisions of the local governing body.

Apply emergency operational response of local services.

Managing Emergency Response 4.2

Wyoming County has adopted the National Incident Management System (NIMS) as required by Homeland Security Presidential Directive 5 (HSPD-5). NIMS provides a systematic, proactive approach to guide departments and agencies at all levels of government, non-governmental organizations, and the private sector to work seamlessly to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity, in order to reduce the loss of life and property and harm to the environment. NIMS and the Incident Command System (ICS) allow flexibility in implementation so that its structure can be tailored to the specific situation at hand.

The first emergency response units responding to an incident should initiate ICS. The Wyoming County EOC is typically organized according to ICS functions: Command, Operations, Planning, Logistics, and Finance/Administration. Under ICS, an Incident Commander (IC) has the overall responsibility for the effective on-scene management of an incident and must ensure that an adequate organization is in place to carry out all emergency functions. The IC directs emergency operations from an Incident Command Post (ICP). In minor incidents, the five ICS functions may all be managed directly by the IC. Larger incidents usually require that one or more of the functions be set up as separate sections under the IC. Within the Command function, the IC has additional responsibilities for Safety, Public Information, and Liaison Officers. These activities can be assigned to staff under the IC. Figure 2-4 outlines the general Wyoming County ICS Structure.



Figure 2-4. Wyoming County ICS Structure

ICS Command and General Staff Roles 4.3

4.3.1 Command Staff

The IC or Unified Command (UC) assigns Command Staff, as needed, to undertake command and control of the incident. Per ICS, the Command Staff typically includes a Public Information Officer (PIO), a Safety Officer, and a Liaison Officer. These staff members report directly to the IC, or if the incident is larger, to the UC. Depending on the size, scope, and implications of the incident, the IC or UC may have Deputies, Assistants, or additional Technical Advisors. Command Staff positions are defined below.

Public Information Officer

The PIO interfaces with the public, media, and/or with other agencies with incident-related information needs. The PIO gathers, verifies, coordinates, analyzes, assesses, and disseminates accessible, meaningful, and timely information on the incident for both internal and external audiences. The PIO also monitors the media (conventional media outlets and social media) and other sources of public information to collect relevant information and then transmits this information to the appropriate components of the incident management organization. In incidents that involve PIOs from different agencies, the IC or UC designates one individual or agency as the Lead PIO. All PIOs should work in a unified manner, speaking with one voice, to ensure that all messaging is consistent. The IC or UC approves the release of all incident-related information. In large-scale incidents, the PIO participates in or leads the Joint Information Center (JIC).

Safety Officer

The Safety Officer monitors incident operations and advises the IC or UC on matters relating to the health and safety of incident personnel. The Safety Officer is responsible to the IC or UC for

Incident Commander

Operations Section

Emergency Support Functions (ESF)

Planning Section Logistics Section Finance/Administration

Section


Safety Officer

Liaison Officer

COMMAND STAFF

GENERAL STAFF



establishing the systems and procedures necessary to assess, communicate, and mitigate hazardous environments. This includes developing and maintaining the Incident Safety Plan, coordinating multiagency safety efforts, and implementing measures to promote the safety of incident personnel and incident sites. The Safety Officer stops or prevents unsafe acts during the incident. Agencies, organizations, or jurisdictions that contribute to joint safety management efforts do not lose their individual responsibilities or authorities for their own programs, policies, and personnel. Rather, each contributes to the overall effort to protect all personnel involved in the incident.

Liaison Officer

The Liaison Officer is the IC’s point of contact for representatives of governmental agencies, jurisdictions, NGOs, VOADs, and private sector organizations that are not included in the UC. Through the Liaison Officer, these representatives provide input on their agency, organization, or jurisdiction’s policies, resource availability, and other incident-related matters. Under either a single IC or UC structure, representatives from assisting or cooperating jurisdictions and organizations coordinate through the Liaison Officer.

4.3.2 General Staff

The General Staff consists of the Operations, Planning, Logistics, and Finance/Administration Sections/Coordinators. These individuals are responsible for the functional aspects of the incident command structure. The IC or UC activates these sections as needed. Under ICS, these functions automatically default to the IC or UC until a Section Chief is assigned. The Coordinator may have one or more Deputies as necessary. Sections are defined as follows:

Operations Section

The Operations Section Chief is assigned based on current incident priorities. This assignment may be revisited and reassigned when necessary as the incident evolves. Operations Section personnel plan and perform tactical activities to achieve the incident objectives established by the IC or UC. Objectives typically focus on saving lives, establishing accurate situational awareness and control, reducing the immediate hazard, protecting property and the environment, and restoring normal operations, in that order. Incident operations can be organized and executed in many ways. Therefore, the Operations Section Chief organizes the section based on the nature and scope of the incident, the jurisdictions and organizations involved, and the incident’s priorities, objectives, and strategies. Key functions of Operations Section personnel include the following:

Direct the management of tactical activities on the IC or UC’s behalf.

Develop and implement strategies and tactics to achieve incident objectives.

Organize the Operations Section to best meet the incident’s needs, maintain a manageable span of control, and optimize the use of resources.

Support Incident Action Plan (IAP) development for each operational period.

Manage the ESF.

Planning Section

The Planning Section collects, evaluates, and disseminates incident situation information to the IC or UC and other incident personnel. The staff within this section prepare situation status reports, maintain the status of assigned resources, facilitate the incident action planning process, and prepare the written IAPs, when used, based on input from other ICS sections, the Command Staff, and specific guidance from the IC or UC. When directed by the IC or UC, a Situation Report (SITREP) should be prepared at the end of each operational period and distributed to the IC (or UC), Section Chiefs, all Command Staff, and any others needing the information contained therein. Absent the direction to create a SITREP, it is recommended that a brief, concise SITREP be created for the incident file. Additional key functions of the Planning



Section’s personnel include:

Facilitate incident planning meetings.

Record the status of resources and anticipated resource needs.

Collect, organize, display, and disseminate incident status information and analyze the situation as it changes.

Plan for the orderly, safe, and efficient demobilization of incident resources.

Collect, record, and safeguard all incident documents.

Logistics Section

The Logistics Section provides services and support for effective and efficient incident management, including ordering resources. Staff in this section provide facilities, security for the incident command facilities and personnel, transportation, supplies, equipment maintenance and fuel, food services, communications and IT support, and medical services for incident personnel. Key functions of this section include:

Order, receive, store/house, and process incident-related resources.

Provide ground transportation during an incident, maintain and supply vehicles, keep vehicle usage records, and develop incident traffic plans.

Set up, maintain, secure, and demobilize incident facilities.

Determine food and water needs, including ordering food, providing cooking facilities, maintaining food service areas, and managing food security and safety (in cooperation with the Safety Officer).

Maintain an Incident Communications Plan and acquire, set up, issue, maintain, and account for communications and IT equipment.

Provide for medical services to serve incident personnel.

Finance/Administration Section

The IC or UC establishes a Finance/Administration Section when the incident management activities involve on-scene or incident-specific finance and administrative support services. This section’s responsibilities include recording personnel time, negotiating leases, maintaining vendor contracts, administering claims, and tracking and analyzing incident costs. If the IC or UC establishes this section, staff should closely coordinate with the Planning and Logistics Sections to reconcile operational records with financial documents. Finance/Administration Section staff support an essential function of ICS in large, complex incidents involving funding originating from multiple sources. In addition to monitoring multiple sources of funds, the section tracks and reports the accrued costs as the incident progresses. This allows the IC or UC to forecast needs and request additional funds as needed. Key functions of Finance/Administration Section include:

Track costs, analyze cost data, make estimates, and recommend cost-saving measures.

Analyze, report, and record financial concerns resulting from property damage, responder injuries, or fatalities at the incident.

Manage financial matters concerning leases and vendor contracts.

Manage administrative databases and spreadsheets for analysis and decision-making.

Record time for incident personnel and leased equipment.

Incident Command, Incident Command Post, and Emergency Operations Center Coordination 4.4

During an emergency, Wyoming County response personnel must be cognizant of the ICS in place and their role in it. Some County personnel may be responders to the scene and part of the on-scene ICS



structure in a functional or staff role. Other County personnel may be assigned to the EOC or other locations where they will provide support to the responders at the scene. All County response personnel not assigned to the on-scene ICS may be coordinated by or through the Wyoming County Director of Fire and Emergency Management and/or EOC.

The IC is usually selected due to his or her position as the highest-ranking responding officer at the scene. The IC must be fully qualified to manage the incident. As an incident grows in size or becomes more complex, a more highly qualified IC may be assigned by the responsible jurisdiction. Thus, a County official could be designated as the IC. A major emergency encompassing a large geographic area may have more than one emergency scene.

4.4.1 Incident Command Post

On-scene emergency response operations should be directed and controlled by the IC from an ICP located at or near the emergency site. This should be the only command post at the emergency scene. All other facilities at the scene used by agencies for decision-making should not be identified as a command post.

The IC, based on the situation, should select an appropriate ICP that should be located at a safe distance from the emergency site. When necessary or requested, WCOES can deploy its Mobile Command Post.

4.4.2 Emergency Operations Center

The primary Wyoming County EOC is located at 143 N. Main St., Warsaw, NY 14569. The County’s EOC is used primarily for centralized acquisition and coordination of resources to support the affected municipalities, and secondarily to support emergency operations (e.g., as an ICP) (reference Appendix 2 – Standard Guidelines for Emergency Operations Center). Designated Wyoming County departments and other public and private emergency support agencies (outlined in ESF annexes) will be requested to report to the EOC and assist with their assigned roles for the response. At the time that an emergency or incident renders the EOC inoperable, an alternate or auxiliary EOC may be established at another location.

The Wyoming County EOC should be used to support ICP activities and to coordinate County resources and assistance. The EOC can also be used as an Area Command Post when Area Command is instituted. County agencies and other organizations represented at the EOC may be organized according to ICS function under the Director or the EOC Manager.

Though organized by ICS function, each agency’s senior representative at the EOC will be responsible for directing or coordinating their respective agency’s personnel and resources. Where the agency is also represented at the scene in an ICS structure, the EOC representative will coordinate the application of resources with the agency’s representative at the scene.

The following conditions apply to EOC activation and continued operations:

Individuals may be called after normal business hours for EOC operations or released from duty, as necessary.

Based on the severity of the incident, initial operational shifts may vary in length.

Individuals assigned to the EOC may not be required for a full operational period and will be released from duty by the Director of Fire and Emergency Management, a designee, or the EOC Manager.

An EOC may be established and staffed at some level to conduct situational assessment and monitoring for large special events or a large incident that requires some level of EOC support for resource acquisition and other incident response support.



Monitoring:





Partial Activation:


Full Activation:


4.4.3 EOC Activation Levels

Figure 2-5 describes Wyoming County Emergency Response Levels.

Figure 2-5. Wyoming County Emergency Response Levels

County Emergency Response Levels

Emergency response personnel will be activated according to the response level classification:

Monitoring: This is the normal day-to-day operational level for WCOES. This response level includes monitoring local, regional, national, and international events; evaluating threats; and analyzing their impact on Wyoming County. Appropriate local, county, and state personnel and support organizations are notified and informed through a variety of communication methods based on the urgency required of the incident or event.

Enhanced Monitoring: WCOES transitions to this level for incidents or special events that have the potential for escalation. Notifications are made to appropriate local, county, and state personnel and support organizations that may be required to take action as part of their normal responsibilities.

Partial Activation: For this level, the EOC will be partially activated. EOC operations may run from 8 – 24 hours a day as the incident requires. Key stakeholders will be notified and select County staff or other agency representatives will be requested as required to meet the operational needs of the incident. If there is no need for a major County response, formal use at the EOC of distinct ICS groups may be limited. In these situations, the EOC Director, under the authority of the Chairperson of the Board of Supervisors, will typically be responsible for all ICS functions and may utilize distinct ICS functional components as needed.

Full Activation: For a full activation of the County EOC, WCOES will staff and manage the Wyoming County EOC in continuous 24-hour operational periods, using two 12 ½ hour shifts (6:00–6:30, a.m. and p.m.). Upon the initiation of continuous shifts by the EOC Director, each agency will update their shift rosters as needed to the Operations Officer. Key stakeholders will be notified, and County staff or agency representatives will be requested as required to meet the operational needs of the incident. In addition, federal, state, and other partner agencies will be requested to staff the EOC as appropriate. The EOC Manager may also request a state incident management team (IMAT) assistance through NYS OEM.



Village/ Town County State OEM

County Department County OES / EOC State OEM

County Health System County OES / EOC State OEM

County EOC Continguos County EOC State OEM

Activation of Mutual Aid Intrajurisdiction External

Incident Command Post County OES / EOC State OEM

4.4.4 EOC Manager

The EOC Manager is responsible for managing the EOC or alternate EOC during emergencies. If required, the EOC will be staffed to operate continuously on a 24-hour basis. In the event of 24-hour operation, support staff will be scheduled based on two 12-hour shifts per day (ex.: 6:00–6:30, a.m. and p.m.).

4.4.5 EOC Staffing and Representation

The Wyoming County EOC may be organized by ICS function. Where a department is also represented at the incident scene or another operation’s location (e.g., department operations center [DOC] in an ICS structure), the EOC representative may coordinate information and resources with the department’s representative at the scene. Agencies expected to provide staffing to the Wyoming County EOC routinely identify these staff and provide lists to Wyoming County Director of Fire and Emergency Management at least annually. Each reporting department’s representative at the EOC may be responsible for directing or coordinating their department’s personnel and resources.

Emergency Support Function Annexes 4.5

The ESF annexes are published separately and provide structure for coordinating inter-agency support for countywide response to an incident. ESF documents use a functional approach that groups the type(s) of assistance the County or local jurisdiction needs (e.g., ESF 1: Transportation, ESF 6: Mass Care, ESF 8: Public Health and Medical, etc.).

Wyoming County’s ESF structure coincides with existing state and federal guidance and has been customized to fit the needs and capabilities of Wyoming County and its stakeholders. ESFs work collaboratively in carrying out their respective missions. Each ESF is developed using a whole-community approach, integrating the appropriate resources and services for people with disabilities and access and functional needs as applicable.

Resource Management 4.6

4.6.1 Equipment, Services, and Donated Goods

Resources may be requested via multiple pathways. Figure 2-6 provides a general representation of these pathways. Requests to NYS will primarily go through NYRESPONDS with direct contact to OEM Regional Representatives.

Figure 2-6 Resource Request Pathways

The Planning function is responsible for the identification and allocation of additional resources needed to respond to the emergency situation. Resources owned by the municipality in which the emergency exists should be used first in responding to the emergency. Resources owned by other municipalities and



outside of Wyoming County can be utilized upon agreement between the requesting and offering government. Resources owned privately cannot be commandeered or confiscated by the government during an emergency. However, during a declared emergency, purchases and leases of privately-owned resources can be expedited. In addition, it is not uncommon for the private sector to donate certain needed resources in an emergency.

Some County departments may request assistance directly from a state-level counterpart (e.g., Wyoming County Health Department to New York State Department of Health) when allowed by law or pre-established agreements.

4.6.2 County Resources – Internal Requests

Wyoming County departments maintain inventories of emergency resources to be used during an emergency response and initial recovery activities. The types and quantities of emergency resources available – both personnel and material – will vary depending on the timing (e.g., season, location, and nature of an incident or event).

All Wyoming County resources should generally be made available for use in the preparedness, response, and initial recovery phases of an incident within the County. County resources may also be made available to support large planned (a.k.a., special) events with proper authorization. All County-owned resources are under the control of the Director of Fire and Emergency Services during an emergency and may be utilized as necessary.

However, resources should not be authorized for use without the concurrence of the department head who manages the resource. This will:

Ensure the department has the resources it needs to continue its regularly scheduled work.

Prevent a resource loss that would prevent it from meeting the department’s critical operational needs during an emergency.

Exceptions would only occur when the County department is instructed to cease normal operations in order to support Wyoming County’s emergency response.

Equipment that requires operators (e.g., a driver) should be requested as a whole unit (i.e., resource and operator as one unit). For example, if snow removal equipment is requested, it is understood that the equipment comes with an operator who is fully qualified and capable of safely performing the mission support being requested.

4.6.3 County Resources – External Requests

Any request for emergency resources and assistance from outside of Wyoming County during a local or state-declared disaster emergency should be communicated to the Director of Fire and Emergency Management or a designee for approval and coordination. The same is true if a municipality requests resources from another municipality is not continuous with the requesting municipality. Any use of resources (e.g., personnel, equipment, or other material) by another municipality may include a charge for the use. This should be arranged upfront via a formal Memorandum of Agreement (MOA).

4.6.4 Procurement Policy for Emergencies

In compliance with GM 103.440, purchasing activities or procuring resources in another manner for use during an emergency, regardless of whether a disaster has been formally declared, should follow applicable NYS and Wyoming County policies and procedures wherever possible. Wyoming County adopted a purchasing policy, Resolution No. 16-53941 in December 2016 (as amended). That said, in the 40

NYS General Municipal Law 103.4: https://www.nysenate.gov/legislation/laws/GMU/103 41

Wyoming County Board of Supervisors Resolution 16-539: https://www.wyomingco.net/ArchiveCenter/ViewFile/Item/56

https://www.nysenate.gov/legislation/laws/GMU/103

https://www.wyomingco.net/ArchiveCenter/ViewFile/Item/56



interest of preserving life safety, formal day-to-day purchasing policies and procedures may be waived by Executive Order to get materials and personnel in place in the shortest amount of time. In such case, a formal disaster declaration, whether done locally, by the Governor, or both, should be in place. Once a formal emergency disaster declaration, whether done locally, by the Chief Elected Official can either enact or rescind local laws in order to facilitate a safe, effective, and efficient response to the emergency and move into the initial recovery phase.

Purchasing policies and regulations do allow for emergency purchases without getting bids that exceed the current available budget. Some vendors are listed on NYS or federal purchasing contracts, which automatically allows direct purchases.

The Chairperson of the Board of Supervisors, as the County Purchasing Agent, per the County Purchasing policy41 has the power to make certain purchasing decisions that are outside the day-to-day purchasing regulations when necessary to support the emergency response.

Stakeholders should use the following considerations for procurement during an emergency:

Anticipate incident needs and do not wait until emergency resource acquisition is required

Key stakeholders should NOT expect funding from NYS DHSES or the Federal Emergency Management Agency (FEMA). However, appropriate and throughout documentation should be maintained in the event funding becomes available

4.6.5 Donations and Volunteer Management

WC OES is responsible for donations and volunteer management during a large scale event. The Wyoming County Donations and Volunteer Management Plan outlines to planning and response process for large scale events which result in the need to establish a donations task force or volunteer staffing pool. To support the use of volunteers during emergency responses, Wyoming County agrees to provisions set forth in New York State Public Officers Law 1842 which provides indemnification protection to identified volunteers.

People with Disabilities and Access and Functional Needs 4.7

Planning for people with disabilities and people with access or functional needs should be coordinated with assistance from agencies within Wyoming County that serve the affected populations. Organizations within and outside of Wyoming County may be consulted for assistance and guidance regarding specific situations and conditions, including partner agencies such as Wyoming County Health Department, Office for the Aging, Mental Health, and Social Services.

When local evacuation must be undertaken immediately due to an existing or threatened public situation, provision for people with disabilities and people with access or functional needs should be arranged through the ICP and/or EOC when established. Notification to people who experience disability that affects their sensory functioning (vision, hearing, communication) can be made through multiple modalities, including but not limited to EAS and WPS modalities such as radio-based announcements and closed captioning television-based alerts , social media, county website and alerting features and emergency vehicle loudspeakers.

4.7.1 Service and Companion Animals

Generally, the care of companion animals during the response to and the initial recovery from an emergency or large disaster is the direct responsibility of the animal’s owner(s). Should the owner(s) be displaced from their residence as a result of the emergency, whether short-term (up to a week) or longer-term, it is still incumbent upon the owner to provide for the animal’s feeding, medical care, and adequate

42

NYS Public Officials Law 18: https://www.nysenate.gov/legislation/laws/PBO/18

https://www.nysenate.gov/legislation/laws/PBO/18



shelter. Wyoming County encourages pet owners to have an emergency plan for alternate living arrangements (e.g., private boarding facility, family or friends, veterinary office) for their companion animals for any situations involving emergency evacuations or prolonged sheltering needs.

For a large disaster requiring large numbers of people to seek emergency shelter, the WCOES will work within the Tri-County CART grant program (Genesee, Orleans, and Wyoming). Equipment is stored in Genesee County and is able to be deployed to any member counties or requested from neighboring counties as needed. The Tri-County CART has specifically trained personnel and animal sheltering equipment that can be set up adjacent to or nearby local animal shelters. WCOES will also survey local resources, including public and private animal shelters, rescue organizations, kennels, and veterinarians to assist in providing temporary companion animal care.

All Wyoming County response should be carried out in accordance with the Pets Evacuation and Transportation Standards (PETS) Act.

Service Animals

The Americans with Disabilities Act (ADA) defines a service animal as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Dogs that satisfy this definition are considered service animals under the ADA. Only two questions can be asked to confirm whether an animal is a service animal:

Is the animal required because of a disability?

What work has the animal been trained to perform?

An owner does not need to produce documentation to prove they are accompanied by a service animal. Service animals are allowed to accompany the individual with a disability. The care or supervision of a service animal is the responsibility of their owner. However, it is important to note that a person using a service animal may have diminished capacity during an emergency and may request the support of a personal care attendant in addition to the use of their service animal.

Evacuation Planning 4.8

For some incidents and emergencies (e.g., flooding, hazardous material [HazMat] incident, or large planned events), specific evacuation routes may be designated. Evacuation routes will be determined on an as-needed basis by the appropriate public safety partners knowledgeable of the local roadways and waterways, possible construction barriers, weather conditions, along with other local and regional conditions and incidents that may impede a safe, efficient, and timely evacuation along a specified route. These evacuation routes will be communicated to the public through a variety of formats and modalities to promote an orderly and even traffic flow. Traffic Control Officers (TCO) should be positioned at key intersections to monitor and regulate traffic flow.

After an evacuation is complete, law enforcement personnel from numerous local, county, state, and federal agencies are prepared to provide ingress control to prevent unauthorized entry into the evacuated area(s). Such ingress control will continue until the area has been deemed by government officials to be safe for re-entry.

4.8.1 Evacuation Notification Systems

Emergency Alert System (EAS)

Wireless Priority Service (WPS)

NY Alert

County Website

Social Media



Internal County group e-mail

4.8.2 Ingress/Egress Direction and Control

Evacuation is, by nature, a localized operation and will normally be conducted at the local government level. The need to evacuate may initiate at the local or county level. The decision to evacuate will be made by the Authority Having Jurisdiction (AHJ). WCOES will coordinate evacuation activities with the Wyoming County EOC.

WCOES, in coordination with the appropriate departments and agencies (e.g., Wyoming County Health Department), should evaluate the hazard and its effect. The information will be considered in the decision-making process for evacuation to determine:

Appropriate population(s) to notify

Evacuation routes and times

Direction and distance to move (unless immediate evacuation is directed by the Police Department)

Congregate care centers or reception centers

Resources needed and available for utilization

Local law enforcement and Wyoming County Sheriff’s Office may control the evacuation to include access and traffic control as well as the evacuation of mobility-challenged or difficult-to-move residents without access to transportation.

When local evacuation must be undertaken immediately due to an existing or threatened public situation, direction and control is the responsibility of the IC. Direction and control for an evacuation may or may not be at an ICP, depending on the nature, timing, and location of the incident or event. All evacuation activities, from conception through planning and execution, should at minimum involve the IC, public information resources, Safety Officer, and the Operation Section Chiefs. Additional disciplines working within the Operations Section will be coordinated through the Operations Section Chief or designee.

Evacuation traffic control should be generally performed by local law enforcement or fire police and coordinated with the IC and EOC.

Re-Entry

Re-entry into an evacuated area should be determined by the AHJ in coordination with public safety agencies, WCOES and/or the EOC. These may include health authorities, various NYS agencies, or a federal agency such as the Department of Energy, FEMA, or National Transportation Safety Board (NTSB).

Persons seeking re-entry into an area that has been evacuated but not cleared for re-entry will be required to show some form of proof or evidence as to the reason to re-enter the area. Examples include feeding livestock or tending to a homebound or ill person who chose to shelter in place and did not evacuate. Specific identification credentials may be issued by Wyoming County or other local governments.

The nature of identification required to enter evacuated areas, along with determinations and decisions on where and when persons may return to their homes, will generally be issued by the EOC. Notifications of such actions will be made through already established public notification systems and the media.

Continuity Planning II-19


5. Continuity Planning Wyoming County COOP/COG Plan 5.1

Wyoming County formally adopted Resolution No. 13-5043 in February 2013 pertaining to continuity of operations and government. The Wyoming County Continuity of Operations (COOP)/Continuity of Government (COG) Plan are designed to ensure that Wyoming County is prepared to:

Respond to and recover from emergencies and mitigate hazard impacts on the County.

Provide critical services in an environment that is threatened, diminished, or incapacitated.

In the event of the unavailability of the Chairperson of the Board of Supervisors, Figure 2-7 depicts the line of command and succession established to ensure continuity of government and the direction of emergency operations.

Figure 2-7. Wyoming County Order of Succession

Training and Exercises 5.2

The goal of any training and exercise program is to institutionalize the coordination of emergency preparedness activities via an all-hazards and whole-community approach to the delivery of specific capabilities categorized by four mission areas: Preparedness, Response, Recovery, and Mitigation. As part of its continuous preparedness process, Wyoming County identifies and facilitates training opportunities as well as conducts and participates in routine exercises that address responding to and recovering from incidents involving the County’s primary hazards. The objectives of training and exercises are to test and hone the County’s response actions directly associated with these potential incidents. Generally, WCOES has responsibility for the following:

Arrange for and provide training programs for Wyoming County emergency response personnel.

Conduct periodic exercises (tabletop, functional, and full-scale) and drills to evaluate local capabilities and preparedness.

Encourage and support training for municipal emergency response personnel.

Provide opportunities for emergency personnel with the variety of skills necessary to increase their effectiveness to respond to and recover from emergencies of all types.

Provide information in crisis situations that that require additional specialized training, refresher training, and initial just-in-time training.

All Wyoming County departments and agencies assigned to lead and/or support specific ESFs are responsible for assisting in the development of department-based trainings for their employees to fulfill their designated roles and responsibilities during emergencies.

Volunteers participating in emergency services should be trained by their respective agencies in accordance with the established guidelines and standards. The respective agencies may provide the required training either directly or through partner agencies (e.g., NYS DHSES, NYS OEM, NYS DEC, etc.).

5.2.1 After Action Reporting

43

Wyoming County Board of Supervisors Resolution 13-50: https://www.wyomingco.net/ArchiveCenter/ViewFile/Item/75

Chairperson of the Board of Supervisors Vice-Chairperson

https://www.wyomingco.net/ArchiveCenter/ViewFile/Item/75

Public Education and Awareness II-20


After every real-world emergency or disaster incident, large planned event, or exercise activity, WCOES should attempt to schedule and facilitate debriefings, a hot wash, or an after action meeting. This should be conducted immediately following the event/emergency, if possible. Debriefings provide participants the opportunity to provide feedback on a real or simulated sequence of events. When appropriate, WCOES may create and distribute a participant feedback form or web-based survey to be filled out by emergency management and response partners.

This self-evaluation process combined with the results of the form evaluation are compiled together, along with partner recommendations, and will be used to prepare a formal After Action Report (AAR). This AAR allows participating agencies to create an Improvement Plan (IP), if needed, based on AAR findings and can be used as the primary basis for future grant funding to improve the County’s or agency’s capabilities and performance. Improvement activities based on the AAR may include providing additional equipment and instrumentation, providing initial and recurrent training, and developing and conducting training exercises that focus on the identified areas needing improvement.

Depending on the nature and circumstances surrounding an incident or planned event, the AAR report may contain information that is sensitive in nature (e.g., contains details of a mass fatality incident) or that requires specific security controls (e.g., terrorist action). Any release to involved organizations will be made only on an identified and verified need-to-know basis. All AARs should be considered as “For Official Use Only (FOUO)” for storage purposes.

6. Public Education and Awareness Wyoming County departments and key stakeholders routinely engage in community outreach and public education activities to inform County residents and visitors about the various hazards in Wyoming County. These public education activities cover all significant hazards and are typically available free of charge. Key partners include:

WCOES

Wyoming County Sheriff

Wyoming County Health Department

The Wyoming County Director of Fire and Emergency Management has been designated as the county Citizen Preparedness Coordinator and is responsible for the following:

Provide education on hazards to the public in Wyoming County.

Make the public aware of existing hazards in their communities.

Familiarize the public with protective measures Wyoming County has developed to respond to emergencies.

WCOES will respond to specific requests for assistance with disaster planning assistance from community organizations and private partners when local planning resources are not available.

FEMA pamphlets, books, and kits dealing with all aspects of emergency management can be made available for use in such offerings and programs, as well as materials developed by NYS DHSES, NYS OEM, and other NYS agencies (as appropriate). Resources from the American Red Cross may also be used to accomplish a comprehensive countywide public disaster education campaign.

Section III Response


Wyoming County, NY

Response Overview III-1

Section III - Response

1. Response Overview Section III of this CEMP outlines the OES All-Hazards and Whole Community Response Strategy.

2. Response Organization Roles and Responsibilities 2.1

2.1.1 Wyoming County Board of Supervisors

The Wyoming County Board of Supervisor’s emergency management responsibilities include the following:

Fill vacancies of elected officials and other unaccounted critical County positions, if necessary.

Appropriate money to meet emergency expenditures, per county policy44.

Coordinate with the local Chief Elected Official in regard to the responsibilities listed above.

2.1.2 Chairperson of the Wyoming County Board of Supervisors

The Chairperson of the Board of Supervisors is ultimately responsible for County emergency response activities and:

May assume personnel oversight of the Wyoming County emergency response organization if the scope and magnitude of the emergency indicate the necessity of personnel management and direction of the response and recovery operations.

Controls the use of all County-owned resources and facilities for disaster response.

May declare a local state of emergency in consultation with the Director of Fire and Emergency Management or designee may promulgate emergency orders and waive local laws, ordinances, and regulations.

May request assistance from other counties and/or New York State when it appears that the incident could escalate beyond the capability of Wyoming County resources.

May provide assistance to others at the request of other local governments both within and outside Wyoming County.

Figure 3-1 shows the line of command and succession to be used in the event of the unavailability of the Wyoming County Chairperson of the Board of Supervisors. This line of command and succession has been established to ensure continuity of government and the direction of emergency operations.

2.1.3 Director of Fire and Emergency Management Roles and Responsibilities

The Wyoming County Director of Fire and Emergency Management or designee coordinates the County’s overall day-to-day oversight of emergency management and response activities. The Director of Fire and Emergency Management provides recommendations on emergency response actions such as declaring a local state of emergency (SOE). Consideration and decision to declare an SOE is typically be based on the severity of the situation, the urgency for taking specific response actions, and the necessity to use additional executive power to protect life safety and property, and effectively respond to the emergency at hand. The Director of Fire and Emergency Management coordinates all components of the local emergency management program, including the assessment of availability and readiness of local resources that are likely to be required during an incident, as well as identifying and correcting any

44

Wyoming County Board of Supervisors Resolution #16-539


Wyoming County, NY

Response Organization III-2


shortfalls. Additional roles and responsibilities of the Director of Fire and Emergency Management include the following:

Activate necessary components of this CEMP plan and initiate County response.

Implement the appropriate notifications to Wyoming County departments, agencies, and other organizations.

Maintain and direct an emergency operations center (EOC).

Facilitate coordination between the County and the following:

Incident/Unified Command

Affected towns, villages, and hamlets within the County

Contiguous County emergency management officials

State agencies (e.g., NYS Department of Homeland Security and Emergency Services [DHSES], NYS Police, NYS Department of Transportation [DOT])

Private sector partners

Non-governmental organizations (NGO)

Voluntary organizations active in disaster (VOAD)

2.1.4 Local Chief Elected Officials

The Chief Elected Official in each municipality is responsible for:

Coordinating with the County emergency management organization in the event of a multi-jurisdictional response.

Assuring that all local departments develop, maintain, and exercise their respective annexes to this plan.

Supporting the overall preparedness program, including budgetary and organizational requirements.

Implementing policies and decisions of the local governing body.

Directing emergency operational response of local services.


Wyoming County, NY

Direction and Control III-3


3. Direction and Control Direction and control is a critical emergency management function. During emergencies, Wyoming County may:

Analyze the emergency situation and decide how to respond quickly, appropriately, and effectively

Direct and coordinate the efforts of the County’s various response capabilities

Coordinate with the response efforts of other jurisdictions

Use available resources efficiently and effectively

The quality of direction and control determines the effectiveness of the County’s overall operation. The focus of direction and control is on the critical operations Wyoming County’s emergency response community may likely need to perform in response to an incident or planned event.

Operational Concepts 3.1

Countywide direction and control of emergency management activities resides with the Director of Fire and Emergency Management as directed by the Chairperson of the Board of Supervisors. Responsibilities are described below:

Direction and control for local municipalities resides with the corresponding Chief Elected Official.

Countywide direction and control activities should be coordinated through the EOC to support the disaster response. (This would include coordination among the Wyoming County Board of Supervisors and branches of the County government for the continuity of operations of essential government services.)

WCOES is responsible for designating an alternate site(s) for the EOC, if necessary.

The Wyoming County Director of Fire and Emergency Management (or designee) is responsible for the direction and control of the organization, administration, and operations of Countywide emergency management program.

Direction and control functions may continue as the incident response evolves from initial short-term to long-term recovery operations. Changes in direction and control may also result in changes to the composition of the staff assigned to the function. Regardless of the scale and severity of the incident, direction and control is a vital function that must be performed when Wyoming County responds to an emergency or disaster situation, as the quality of direction and control directly determines the effectiveness of the County’s overall operation.

Wyoming County Emergency Response Organization 3.2

3.2.1 Incident Command System

As noted in Section II – Preparedness, Wyoming County fully endorses the use of the Incident Command System (ICS), as employed by the National Incident Management System (NIMS) for management of all emergency and disaster responses as well as planned events. First responding agency(ies) should initiate the ICS. ICS should also be employed when developing exercises and planned events. Wyoming County’s Incident Command Post (ICP) structure is shown in Figure 3-2.

Incident Command

The IC is responsible for all aspects of an emergency response, including ensuring that an adequate organization is in place to carry out all emergency response functions. Responsibilities include:

Overall incident management


Wyoming County, NY



Incident Commander

Operations Section

Emergency Support Functions (ESF)

Planning Section Logistics Section Finance/Administration

Section


Safety Officer

Liaison Officer

COMMAND STAFF

GENERAL STAFF

Assessment of incident priorities

Assessment of resources needs and orders

Coordination with other responding and outside agencies

The IC functions at a location called an ICP or Command Post (CP). The ICP is typically located at or near the scene of the emergency as determined by the IC and as dictated by the incident and other impacting variables. There should be only one ICP for each given incident.

The IC is responsible for filling positions in the ICS command structure as needed. Any functions required, not assigned to any other individuals will be completed by the IC. The size of ICS command structure should be dictated by the size and complexity of the incident.

County department with ICS training from various departments can be available to fill ICS positions for any local incidents as available at the response or as requested by an established IC, other state or local municipal official, including but not limited to Police Officer, Fire Department Official, Local Chief Elected Official, or Highway or Department of Public Works Superintendent.

Appropriate training for County staff may establish command and fill necessary ICS structure roles as necessary or assigned for incidents on County property, or incidents that are determined to be County-level. Figure 3-2 presents the basic ICS structure, which consists of the following functions: Command, Operations, Planning, Logistics, Administration, and Finance. This structure would be used for individual minor incidents in Wyoming County.

Figure 3-2. Wyoming County Incident Command Structure

ICs for all incidents occurring within Wyoming County should seek out other primary agency representatives and expand to Unified Command as necessary to ensure a coordinated response.


Wyoming County, NY



Incident Manager (Area Command)

Incident Command (Incident #1)



Wyoming County EOC Director

Figure 3-4. Area Command (Incidents in Wyoming County)

3.2.2 Incident Command and the Incident Command System

Individual incidents may be considered minor or major incidents. For minor incidents, all ICS functions and positions may be managed or fulfilled by the IC. As the size and complexity of an incident grows, Command and General Staff functions may be assigned. Branch functions under the General Staff may also be assigned. For complex and expanding incidents, expected to last more than two operational periods, an expanded ICS structure may be warranted.

A major emergency may involve a single incident impacting a large population or geographic area or more than one incident scene. In the event of a major emergency with multiple incident scenes, Incident Command may be established at each scene. In this event, WCOES may establish Area Command. Area Command should oversee the management of multiple incidents within Wyoming County. Area Command may be unified and will work and coordinate directly with ICs or designated liaisons for the various ongoing and simultaneous incidents.

Command Locations 3.3

3.3.1 Incident Command Post and Area Command

On-scene emergency response operations should be directed and controlled by the IC from an ICP located at or near the emergency site. This should be the only CP at the emergency scene. All other facilities at the scene used by agencies for decision-making should not be identified as a CP. An ICP should be selected by the IC based on the logistical needs of the situation and located at a safe distance from the emergency site.

Area command may be established by the Director. Area command can be located within the county EOC and overseen by the Area Commander. The Area Commander (ACDR) is responsible for setting priorities for the use of critical resources among multiple Incident Management Teams (IMT) in an assigned area or allocating/reallocating resources during a single, large-scale

incident/event. Area Command may be established when oversight direction is required to ensure that resource allocation conflicts do not arise among the IMTs. The Area Commander reports to the Agency Administrator (AA) and works in the Command functional area.

An Area Command organization is normally small with personnel assigned to the Command, Planning, and Logistics functions. Depending on the complexity of the interface between the incidents, specialists in other areas, such as aviation, hazardous materials, environment, and finance, may also be assigned to Area Command

3.3.2 Wyoming County Emergency Operations Center

The primary Wyoming County EOC is located at 143 N. Main St., Warsaw, NY 14569. The County EOC may be activated for major emergencies and disasters. When activated, it is essential to establish a division of responsibilities between the ICP and the EOC. The EOC is generally responsible for the following:

Provide resource support for Incident Command operations.


Wyoming County, NY



Issue community-wide warning.

Provide information and instructions to the general public.

Organize and implement large-scale evacuation.

Organize and implement shelter and mass care arrangements for evacuees.

Coordinate traffic control for large-scale evacuations.

Request assistance as needed from the State of New York and other external sources.

The County’s EOC is used primarily for centralized acquisition and coordination of resources to support the affected municipalities and secondarily to support emergency response operations. Designated Wyoming County departments and other public and private emergency support agencies may be requested to report to the EOC and assist with their assigned roles for the response. At the time that an emergency situation or incident renders the EOC inoperable, an alternate or auxiliary EOC may be established at another location.

The County EOC is used to support ICP activities and to coordinate County resources and assistance. County agencies and other organizations represented at the EOC should be organized according to the ICS and Emergency Support Function (ESF) under the direction of the Director of Fire and Emergency Management.

The following conditions apply to the EOC activation and continued operations:

Individuals may need to be released from normal job duties or may be called after normal business hours for EOC operations or released from duty as necessary.

Based on the severity of the incident, initial operational shifts may vary in length.

Individuals assigned to the EOC may not be required for a full operational period and will be released from duty by the EOC Director.

An EOC may be established and staffed at some level to maintain situational awareness and monitoring for large special events. This may also apply to a large incident that requires some level of EOC support for resource acquisition and other incident response support.

If a disaster situation renders the EOC inoperable, an auxiliary EOC could be established at the Fire Training Center or at another location designated at the time.

3.3.3 Department Operations Center

A Department Operations Center (DOC) is a location removed from the County EOC from which an agency can oversee and coordinate their own internal response to an incident. DOCs deploy and track resources, address internal logistics matters, and coordinate external logistics back through their assigned EOC agency representative. DOCs may operate independently of WCOES or concurrently with the EOC. The following County departments and partners maintain their own DOCs and may initiate and manage emergency operations from their own DOCs:

Wyoming County Health Department – 5362 Mungers Mill Rd., Silver Springs, NY 14550

Wyoming County Community Health System – 400 North Main Street, Warsaw, NY 14569

New York State Electric and Gas (NYSEG) – Lancaster and Hornell divisions

National Grid – 144 Kensington Ave, Buffalo, NY 14214

American Red Cross (ARC) – 786 Delaware Ave, Buffalo, NY 14209

3.3.4 Local, State, and Federal EOCs

State

State agencies may activate and manage emergency operations from their own operations center or use


Wyoming County, NY



equipment and resource stockpile facilities. Wyoming County may use the following stockpile facilities:

Wyoming County Highway Department (NYS DOT) – 4328 NY-19, Silver Springs, NY 14550

New York State Police – 5297 Buffalo Rd., Warsaw, NY 14569

Federal

Responding federal agencies may identify and manage emergency response and recovery operations from a designated Joint Field Office (JFO), Regional Field Office (RFO), or other EOC location.

County EOC Staffing and Representation 3.4

Though organized by ICS function, each County department or partner agency’s senior representative at the EOC would be responsible for directing or coordinating their department or agency’s personnel and resources. Where the department or agency is also represented at the scene of an ICS structure, the EOC representative should facilitate coordination of resources with the agency’s representative at the scene.

3.4.1 EOC Manager

When the EOC is activated, Wyoming County would delegate an EOC Manager. The EOC Managers role has been identified to be fulfilled by the Wyoming County Director of Fire and Emergency Management or qualified designee. The EOC Manager is responsible for managing the EOC or an alternate EOC during emergencies. If required, the EOC would be staffed to operate continuously on a 24-hour basis. In the event of 24-hour operation, two 12-hour shifts should normally be utilized. Figure 3-5 depicts the EOC organization as managed by the EOC Manager.

For some emergency situations, a specific incident scene may not exist in the initial response phases, and the EOC may accomplish initial response actions, including mobilizing personnel and equipment and issuing precautionary warning to the public. As the potential threat becomes clearer and a specific impact site or sites are identified, an ICP may be established, and direction and control of the response can transition to the IC.

Emergency Support Function Annexes 3.5

The ESF structure has been customized for this CEMP to fit the needs and capabilities of Wyoming County and its stakeholders. The ESFs should work collaboratively to carry out their respective missions, and each ESF is developed using a whole community approach, integrating the appropriate resources and services for people with disabilities and those with access and functional needs as applicable. Table 3-6 includes a matrix of Wyoming County’s ESF Annexes and includes the lead and supporting County-level departments, key stakeholders, and associated ESFs. An ESF Lead Agency is a county department with significant authorities, roles, resources, or capabilities for a particular function within a given ESF. ESFs may have multiple primary departments, and specific departmental responsibilities should be articulated within the relevant ESF Annex.

EOC Manager

Operations Section

ESFs

Planning Section

Logistics Section

Finance/ Administration

Section

Figure 3-5. Wyoming County EOC Organization


Wyoming County, NY



Table 3-6. Wyoming County Emergency Support Functions

ESF LEAD AGENCY SUPPORTING AGENCIES ASSOCIATED ESFs

ESF 1: Transportation Wyoming County Highway Department

Wyoming County Office of Emergency Services

Wyoming County Sheriff’s Department

ESFs 3, 4, 5, 7, 8

ESF 2: Communications

Wyoming County Sheriff’s Office

Wyoming County Information Technology Department


ESFs 1, 3, 4, 5, 7, 8

ESF 3: Public Works and Engineering

Wyoming County Highway Department


ESFs 1, 2, 5, 7, 8

ESF 4: Firefighting Wyoming County Office of Emergency Services

Municipal Fire Departments

ESFs 2, 3, 5, 8

ESF 5: Emergency Management


N/A ESFs 1, 2, 3, 4, 6, 7, 8

ESF 6: Mass Care, Emergency Assistance, Housing, and Human Resources

Wyoming County Public Health Department


Wyoming County Social Services

Wyoming County Mental Health

Wyoming County Office for the Aging and Youth

ESFs 1, 2, 4, 8

ESF 7: Logistics Wyoming County Office of Emergency Services

N/A ESFs 1, 2, 5, 8

ESF 8: Public Health and Medical Services

Wyoming County EMS Agencies

Wyoming County Public Health Department

Wyoming County Community Health System

Wyoming County Mental Health


ESFs 1, 2, 3, 4, 6, 7


Wyoming County, NY



ESF Coordination Roles and Responsibilities 3.6

3.6.1 ESF Lead Agencies

Wyoming County departments designated as ESF Lead Agencies are responsible for the following:

Provide staff for operations functions at fixed and field facilities.

Notify and request assistance from support agencies.

Manage mission assignments and coordinate with support agencies, appropriate State of New York officials, operations centers, and other departments/agencies.

Work with appropriate private sector partner organizations to maximize use of all available resources.

Support other ESFs and provide situational awareness of operational priorities and activities.

Conduct situational and periodic readiness assessments.

Execute contracts and procure goods and services as needed.

Ensure financial and property accountability for ESF activities.

Plan for short-term and long-term incident management and recovery operations.

Maintain trained personnel to support interagency emergency response and support teams as needed.

Identify new equipment or capabilities required to prevent or respond to new or emerging hazards and threats.

Improve the capacity to address existing threats.

3.6.2 ESF Supporting Agencies

ESF Supporting Agencies are those entities with specific capabilities or resources that support the ESF Lead Agency in executing the mission of the ESF. When an ESF is activated, support agencies are responsible for the following:

Participate and plan for short- and long-term incident management and recovery operations and the development of supporting operational plans, standard operating guidelines, checklists, or other job aids, in concert with existing standards and best practices.

Conduct or assist with situational assessments.

Provide input to periodic readiness assessments.

Furnish available personnel, equipment, or other resource support as requested by the ESF Lead Agency or EOC.

Maintain trained personnel to support interagency response and support teams, as needed.

Identify new equipment or capabilities required to prevent or respond to new or emerging hazards and threats.

Improve the capacity to address existing threats.

3.6.3 ESF Coordinator

The ESF Coordinator is the entity with management oversight for a given ESF. The role of the ESF Coordinator is carried out through a Unified Command approach agreed upon collectively by the designated primary and support agencies, as appropriate. Responsibilities of the ESF Coordinator include


Wyoming County, NY

Notification and Activation III-10


the following:

Coordinate before, during, and after an incident, including pre-incident planning and coordination.

Maintain ongoing contact with ESF primary and support agencies.

Conduct ESF meetings and conference calls to maintain situational awareness.

Coordinate efforts with corresponding private sector organizations.

Coordinate ESF activities related to catastrophic incident planning and critical infrastructure preparedness, as appropriate.

4. Notification and Activation This section outlines routine situational awareness monitoring guidelines, presents EOC staff notification and activation procedures, and describes Wyoming County response levels. Notifications may be made by several means or channels based on the urgency, severity, and/or growth of an incident. The receiver of the notification should make all efforts to route notifications through the most appropriate channel.

The WCOES 9-1-1 Communications Center serves as the primary point of contact (POC) for most emergency situations.

Situational Awareness Monitoring 4.1

WCOES, as well as other preparedness and response partners, conduct daily monitoring of weather-related situations or other significant incidents or planned events occurring locally, as well as regionally, statewide, and nationally. WCOES maintains a steady rate of readiness by monitoring the various sources of information on a regular basis as a recurrent business practice.

Monitoring tasks include detecting the hazard potential and taking measurements or observations of the hazard. As a hazard event is detected, this information is to be immediately provided to WCOES and disseminated per protocol. When appropriate, WCOES may establish proactive and ongoing monitoring stations for specific hazards or where individuals responsible can be stationed to perform the monitoring tasks listed below.

Situation monitoring for weather and non-weather-related conditions should also use additional credible information sources, such as local governments, federal and NYS agencies, Wyoming County departments, private industry partners, utility companies, and volunteer agencies and individuals.

All Wyoming County weather-related monitoring actions would be coordinated with the National Weather Service (NWS). The primary NWS office for Wyoming County is 587 Aero Dr., Buffalo, NY 14225.

EOC Activation 4.2

Upon initial notification of an emergency by the Wyoming County 9-1-1 Communications Center (CC), the Wyoming County Director of Fire and Emergency Management (or designee) should determine the need to activate the EOC and coordinate with alert the Chairperson of the Board of Supervisors and appropriate members of the Executive Group. This initial notification sets into motion the activation of Wyoming County emergency response personnel and key stakeholders.

The responsibility for making the decision to activate the EOC rests with the Director of Fire and Emergency Management. The Director of Fire and Emergency Management is also authorized to make the decision to activate the EOC in response to an alert or notification of an emerging incident. At such time that the Director of Fire and Emergency Management is unable to activate the EOC due to absence or incapacitation, the following persons may activate the EOC:


Wyoming County, NY

Notification and Activation III-11


Monitoring:





Partial Activation:


Full Activation:


Qualified Fire and Emergency Management staff (at the direction of the Chairperson of the Board of Supervisors or Director of Fire and Emergency Management)

Wyoming County Response Levels 4.3

Each emergency is to be classified according to the scope and magnitude of the incident into County Response Levels, seen below in Figure 3-7. Incidents or events requiring a higher activation level are generally based on a receipt of formal notification or alert. Emergency response personnel shall be activated according to the following Wyoming County Response Levels:

Figure 3-7. Wyoming County Response Levels

County Emergency Response Levels

Emergency response personnel will be activated according to the response level classification:

Monitoring: This is the normal day-to-day operational level for WCOES. This response level includes monitoring local, regional, national, and international events; evaluating threats; and analyzing their impact on Wyoming County. Appropriate local, county, and state personnel and support organizations are notified and informed through a variety of communication methods based on the urgency required of the incident or event.

Enhanced Monitoring: WCOES transitions to this level for incidents or special events that have the potential for escalation. Notifications are made to appropriate local, county, and state personnel and support organizations that may be required to take action as part of their normal responsibilities.

Partial Activation: For this level, the EOC will be partially activated. EOC operations may run from 8 – 24 hours a day as the incident requires. Key stakeholders will be notified and select County staff or other agency representatives will be requested as required to meet the operational needs of the incident. If there is no need for a major County response, formal use at the EOC of distinct ICS groups may be limited. In these situations, the EOC Director, under the authority of the Chairperson of the Board of Supervisors, will typically be responsible for all ICS functions and may utilize distinct ICS functional components as needed.

Full Activation: For a full activation of the County EOC, WCOES will staff and manage the Wyoming


Wyoming County, NY

Public Warning and Emergency Information III-12


County EOC in continuous 24-hour operational periods, using two 12 ½ hour shifts (6:00–6:30, a.m. and p.m.). Upon the initiation of continuous shifts by the EOC Director, each agency will update their shift rosters as needed to the Operations Officer. Key stakeholders will be notified, and County staff or agency representatives will be requested as required to meet the operational needs of the incident. In addition, federal, state, and other partner agencies will be requested to staff the EOC as appropriate. The EOC Manager may also request a state incident management team (IMAT) assistance through NYS OEM.

5. Public Warning and Emergency Information Delivering effective emergency communications is an essential part of emergency management. During an incident or a pre-planned event, communication with the community becomes especially critical. The extent to which people respond to a warning message is influenced by many factors, including individual characteristics and perceptions, whether the message comes from a credible source, how the message is delivered, and the message itself.

Emergency communications may include:

Alerts and warnings

Directives about:

Evacuation and traffic routing

Curfews

Closing large assembly areas

Establishment of new local laws and ordinances

Other self-protective actions

Information about:

Response status

Family members

Available assistance

Other matters that impact response and recovery

Wyoming County will use multiple communication tools, including in-person briefings (e.g., press or media briefings), print and broadcast media, and Internet and social media. Regardless of the mode of delivery, all emergency communications should be clear, contain specific and adequate information, align with other information being disseminated, and be accessible to the whole community.

Interoperable Communications 5.1

WCOES and law enforcement have procedures that outline the proper channels and consistent messaging protocol for dispatch and responding units. The current interoperable radio system allows fire, emergency medical services (EMS), and law enforcement (Wyoming County Sheriffs, local Police, and New York State Police) to communicate with each other during an emergency response. County Town Highway Superintendents and County Highway Department also have capabilities to communicate with first responders. County OES maintains capabilities to communicate with multiple external agencies and other counties and can patch frequencies together as needed as the incident dictates. Each Wyoming County department should maintain the capacity to communicate with their response partners if channels cannot be added to existing radio capability.

Public Warning 5.2


Wyoming County, NY



To implement public protective actions, a timely, reliable, and effective method should be in place to warn and inform the public. Information and warnings to the public that a threatening condition is imminent or exists can be accomplished through the use of the resources described in the sections below.

5.2.1 NY Alert

Wyoming County residents can subscribe to NY Alert and receive critical information and emergency alerts, including instruction and recommendations in real time to their computer or mobile device. Wyoming County can utilize NY Alert to disseminate information to subscribers.

5.2.2 Integrated Public Alert and Warning System

Wyoming County utilizes the Integrated Public Alert and Warning System (IPAWS) to initiate emergency alerts through Wireless Emergency Alerts and Emergency Alert Systems .

5.2.3 Wireless Emergency Alerts

The federal Wireless Emergency Alerts45 are short emergency messages from authorized federal, state,

local, tribal and territorial public alerting authorities that can be broadcast from cell towers to any WEA‐

enabled mobile device in a locally targeted area. Wireless providers primarily use cell broadcast

technology for WEA message delivery. WEA is a partnership among FEMA, the Federal Communications

Commission (FCC) and wireless providers to enhance public safety.

WEAs can be sent to a mobile device when you may be in harm’s way, without the need to download an

app or subscribe to a service. WEAs are messages that warn the public of an impending natural or human-

made disaster. The messages are short and can provide immediate, life-saving information.

5.2.4 Emergency Alert System

The federal Emergency Alert System46 (EAS) is used by alerting authorities to send warnings via broadcast, cable, satellite, and wireline communications pathways. EAS participants, which consist of broadcast, cable, satellite, and wireless providers, are the stewards of this important public service in close partnership with alerting officials at all levels of government.

The EAS broadcasts a 2-minute warning message to the public on participating Wyoming County and surrounding area radio and television stations and cable systems. The EAS may be activated to alert the public of wide-scale emergencies such as floods, tornadoes, power outages, civil disorder, toxic leaks, or other events that pose a danger to life or property.

Requests to broadcast an emergency message must be authorized and controlled by the local Chief Elected Official.

5.2.5 Federal Emergency Management Agency National Warning System

The Federal Emergency Management Agency (FEMA) National Warning System47 (NaWaS) is a 24-hour continuous private-line telephone system used to convey warnings to federal, state, local, tribal, and territorial government and public safety officials.

45

Federal Emergency Alert System (WEA): https://www.fema.gov/emergency-managers/practitioners/integrated-public-alert-warning-system/public/wireless-emergency-alerts 46

Federal Emergency Alert System (EAS): https://www.fema.gov/emergency-alert-system 47

Federal Emergency Management Agency National Warning System (NAWAS): https://www.fema.gov/media-library/assets/documents/158113

https://alert.ny.gov/

https://www.fema.gov/emergency-managers/practitioners/integrated-public-alert-warning-system/public/wireless-emergency-alerts

https://www.fema.gov/emergency-managers/practitioners/integrated-public-alert-warning-system/public/wireless-emergency-alerts

https://www.fema.gov/emergency-alert-system




Wyoming County, NY



5.2.6 National Oceanic Atmospheric Administration National Weather Radio

The National Oceanic Atmospheric Administration (NOAA) National Weather Radio provides 24-hour continuous radio broadcasts of the latest weather information, including severe weather warnings directly from the NWS in Buffalo, at 587 Aero Dr., Buffalo, NY 14225. NWS may also broadcast non-weather-related emergency warnings on a case-by-case basis. Emergency broadcasts on the NWS can be initiated by select Wyoming County officials in strict coordination with the EOC.

5.2.7 Emergency Service Vehicles with Siren and Public Address Capabilities

Many police and fire vehicles in Wyoming County are equipped with siren and public address capabilities. These vehicles may be available during an emergency for route alerting for the public.

5.2.8 Door-to-Door Warning

Door-to-door public warning can be accomplished in some situations by the individual alerting of each residence and business in a particular area. This can be undertaken by any designated group (e.g., CERT volunteers, law enforcement, firefighters) visiting the affected area and relating the emergency information to the building occupants. To achieve maximum effectiveness, the individual delivering the warning message should be in official uniform or carry a government-issued identification card whenever possible.

5.2.9 Social Media

Social media communication is managed by individual Wyoming County departments with communications policies in place for the responsibility of social media management during an incident.

Communications with People with Disabilities and/or Access and Functional Needs 5.3

Public information and risk messaging may also be disseminated through coordinated efforts with county and local service providers working with populations with disabilities or access and functional needs.

Communications may take place either in person (through door-to-door notifications or in a congregate setting) or may include the use of teletypewriter (TTY) (where applicable), communication access real-time translation (CART48), video relay services (VRS49), telecommunications relay services (TRS50) (where applicable), in-person or phone-based language interpretation access, in-person written or verbal communication, use of picture or pictogram-based communication boards, computer systems equipped with magnification and other accessible software, large-print materials, braille materials (where appropriate), and essential information provided in plain language on print materials and offered in multiple languages where appropriate.

Provision of behavioral health services in any areas where people may congregate is a critical component of supporting the public during an emergency and provides an essential role in supporting individuals with behavioral or mental health disability during disaster. Behavioral health service providers should be available to support instances that require congregate settings to support communication challenges, heightened emotional state, individuals who present with mental health disability, as well as provide support to staff during emergency operations.

Public Information Officer 5.4

48

CART or Real-Time Captioning: https://dhcc.org/interpreting-services/cart/ 49

Video Relay Services: https://www.fcc.gov/consumers/guides/video-relay-services 50

Telecommunications Relay Service: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs

https://dhcc.org/interpreting-services/cart/

https://www.fcc.gov/consumers/guides/video-relay-services

https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs


Wyoming County, NY

III-15


The Public Information Officer (PIO) should coordinate with the on-scene Incident Command to accomplish the following:

Establish and manage a Joint Information Center (JIC) from which personnel with public information responsibilities can respond to inquiries from the news media and coordinate all official announcements and media briefings.

Authenticate all sources of information being received and verify accuracy.

Provide essential information and instructions, including the appropriate protective actions to be taken by the public, to the broadcast media, and to press.

Coordinate the release of all information with the key departments and agencies involved both at the EOC and on-scene.

Check and control the spreading of rumors.

Arrange and approve interviews with the news media and press given by emergency personnel involved in the response operations.

Arrange any media tours of emergency sites.

Other departments or response partners may also have designated PIOs.

5.4.1 Joint Information System

Wyoming County may choose to establish an integrated Joint Information System (JIS) to organize, integrate, and coordinate information to ensure timely, accurate, accessible, and consistent messaging across multiple jurisdictions and disciplines with NGOs and the private sector.

Joint Information Center

As part of its JIS and based on the scope and impact of the incident, Wyoming County may establish a JIC. Establishing a JIC provides a central location where personnel with public information responsibilities perform critical emergency information functions, which may include external affairs, crisis communications, and public affairs functions. A JIC may be established at various levels of government, at the incident site, or as a component of multi-agency coordination (MAC) or EOC.

6. Information Collection, Assessment, and Evaluation Information collection and sharing should typically be accomplished by issuing a Situation Report (SITREP). However, for a small incident or an initial SITREP covering a few hours of an emerging situation, WCOES will provide a brief narrative of what occurred, what was done in response to the situation, and what is planned for future assessment and action. SITREPs may be submitted multiple times during an operational period but should be submitted at least once per 24-hour period.

Essential Elements of Information 6.1

Priority information that should be collected from the onset of an emerging situation or incident should include the following (at minimum):

Incident location(s)

Type of incident or emergency (e.g., flooding, fire, etc.)

Number of jurisdictions impacted

Immediate hazards to life safety (e.g., the presence of hazardous materials, damage to bridges or roads, building damages, fires, dangerous individuals, live electricity, damages to water supply systems, wastewater conveyance systems, etc.)

Victim and casualty information such as:

Declaring a State of Emergency III-16


Numbers of those injured and/or killed

Numbers of those potentially displaced

Types of injuries

Other impacts relevant to emergency management:

Law enforcement – resources committed/needed

Fire – resources committed/needed

EMS – resources committed/needed

Public health impacts – immediate/intermediate

Public works – resources committed/needed, impacts – immediate/intermediate

Assessment and Evaluation 6.2

Based on the information collected and assessed, the Command Staff should complete the following actions in coordination with the IC:

Develop operational objectives by evaluating the safety, health, economic, environmental, social, humanitarian, legal, and political implications of a disaster or threat.

Analyze the best available data and information on the emergency.

Explore alternative actions and potential consequences.

Select and direct specific response actions.

7. Declaring a State of Emergency Only the local Chief Elected Official can declare a local SOE covering all or any part of their jurisdiction, pursuant to NYS Executive Law, Article 2-B Section 24. An SOE can be declared in response to or in anticipation of a threat to public safety. A local SOE must be issued before emergency orders are issued and should be formally rescinded when no longer needed.

Declaring and Rescinding Local State of Emergency and Emergency Orders 7.1

In response to an emergency or significant threat to public safety, the Chairperson of the Board of Supervisors or their designee may proclaim or rescind an SOE (refer to Appendix 1 – Instructions for Declaring a State of Emergency and Issuing Emergency Orders within Wyoming County) as necessary, pursuant to NYS Executive Law, Section 24. A written SOE declaration will include:

Time and date

Explanation/reason for declaration

Area involved

Expected duration

The following are some criteria related to proclaiming an SOE:

Local chief elected officials in Wyoming County have the same authority to proclaim states of emergency and issue emergency orders within their jurisdictions.

Whenever an SOE is declared in Wyoming County or emergency orders are issued, such action should be coordinated beforehand with the affected municipality.

Emergency responders have implicit authority and powers to take reasonable immediate actions to protect lives and property absent an emergency declaration or emergency orders.

Local emergency orders must be published in a newspaper of general circulation and provided to radio and television media for broadcast as soon as possible.

Resource Management III-17


Copies of the written SOE will be submitted to the NYS Secretary of State and NYS OEM.

The proclamation of an SOE authorizes the Chairperson of the Board of Supervisors to use the full executive and legislative powers of Wyoming County government to deal with the emergency situation. This power is realized only though the promulgation of local emergency orders. For example, emergency orders can be issued for actions such as:

Establishing curfews

Designation and opening of emergency shelter locations

Designation of specific zones within which the occupancy and use of buildings and the ingress and egress of vehicles and person may be prohibited or regulated

Prohibition and control of pedestrian and vehicular traffic

Prohibition and control of the presence of persons on public streets and places

Regulation and closing of places of amusement and assembly

Suspension of local laws, ordinances, or regulations that may prevent, hinder, or delay necessary action in responding to and recovering from the emergency

Suspension, or limitation of the sale, use, or transportation of alcoholic beverages, firearms, explosives, and flammable materials

Quarantine and communicable disease declaration

A local SOE may be formally rescinded when the declaration is no longer needed or simply allowed to expire at the end of 30 days. Any formal rescission should be written, including the time and date of the original declaration, the reason for the local state of emergency, and the time and date the SOE is rescinded. A local emergency order expires automatically after 5 days. It can be rescinded before that by its own terms or by the Chairperson of the Board of Supervisors issuing a local Chief Executive Order. It is also automatically rescinded when the SOE is rescinded. Local emergency orders may also be terminated at any time by the local legislative body via concurrent resolution. The written rescission should be kept on file in the County Clerk’s Office.

Additional Protective Measures 7.2

All incidents and emergencies vary. At the time of the incident, Wyoming County officials will assess and determine if additional protective measures are warranted. Examples include:

Emergency evacuation of specific areas impacted by the incident

Shelter-in-place orders

Boil water advisories

Public health warnings

A primer51 for local officials by NYS DHSES is located at the following URL: http://www.dhses.ny.gov/laws-policies/documents/2013-2-B-Primer-QA.pdf

8. Resource Management Wyoming County’s resource and logistical response should be prioritized and accomplished under direction of the Director of Fire and Emergency Management, EOC Manager, or qualified designee. Information from the IC, ICPs, AC, and other response entities would be used to prioritize multiple requests.

51

NYS DHSES Primer: http://www.dhses.ny.gov/laws-policies/documents/2013-2-B-Primer-QA.pdf

http://www.dhses.ny.gov/laws-policies/documents/2013-2-B-Primer-QA.pdf





Village/ Town Village/ Town County State OEM

County Department County Department County OES / EOC State OEM

County Health System County Health System County OES / EOC State OEM

County EOC County EOC Continguos County EOC State OEM

Activation of Mutual Aid Activation of Mutual Aid Intrajurisdiction External

Incident Command Post Incident Command Post County OES / EOC State OEM

Resource requests should be met whenever possible, depending on the incident type and the responding entities available or other anticipated resource requirements. All resource requests will be managed within the Wyoming County EOC structure, when possible. Where applicable, state and federal resource requests will be submitted via the Regional NYS DHSES representative using the New York Response System (New York State’s EOC resource request and management system).

Resource Management 8.1

The Planning Section is responsible for the identification and allocation of additional resources needed to respond to the emergency situation. Specific resource management directives are listed below:

Municipal Resources: Municipality-owned resources located where the emergency exists should be used first in responding to the emergency.

County Resources: All Wyoming County-owned resources are under the control of the Wyoming County Board of Supervisors or OES during an emergency and can be utilized, as necessary.

Outside Resources: Resources owned by other municipalities within and outside of Wyoming County can be utilized upon agreement between the requesting and offering government.

Private Resources: Privately owned resources cannot be commandeered or confiscated by government during an emergency. However, purchases and leases of privately-owned resources can be expedited during a declared emergency. In addition, it is not uncommon for the private sector to donate certain resources in an emergency.

State Resources: If local resources are inadequate to respond to and recover from an emergency situation, Wyoming County may request assistance from New York State. State assistance furnished to local governments is intended to supplement, not substitute, local resources, including mutual aid resources, equipment purchases or leases, or resources covered by emergency service contracts.

Resource Requests 8.2

Resource requests may occur via multiple pathways. Figure 3-8 provides a general representation of these pathways. Some County departments may request assistance directly from a state-level counterpart (e.g., Wyoming County Health Department to New York State Health Department) when allowed by law or pre-established agreements.

Exhibit 3-8. Pathways for Resource Requests



8.2.1 County Resources – Internal Requests

Wyoming County departments maintain inventories of emergency resources to be used during an emergency response and initial recovery activities. The types and quantities of emergency resources available – both personnel and material – may vary depending on the extent (e.g., season, location, and nature of incident).

All Wyoming County resources should generally be made available for use in the preparedness, response, and initial recovery phases of an incident within the County. County resources may also be made available to support large planned (“special”) events with proper authorization. Authorization for use of County resources during an emerging incident or declared disaster may be obtained from the County Department Head who has the requested resource(s), the Chairperson of the Board of Supervisors, or a formally appointed designee.

At no time should any resources be authorized for use without the concurrence of the Department Head who manages the resource. This will:

Ensure the department has the resources it needs to continue its regularly scheduled work.

Prevent a resource loss that would prevent the department from meeting its critical operational needs during an emergency.

Exceptions would occur only when the County department is instructed to cease normal operations in order to support Wyoming County’s emergency response.

Equipment that requires operators (e.g., driver) should be requested as a whole unit – resource and operator as one. For example, if snow removal equipment is requested, it is understood that the equipment comes with an operator who is fully qualified and capable of safely performing the mission support being requested.

8.2.2 County Resources – External Requests

Any request for emergency resources and assistance from outside of Wyoming County during a local or state declared disaster emergency normally would be communicated to the Director of Fire and Emergency Management or designee for approval and coordination. The same is true if a municipality requests resources from another municipality that is not contiguous with the requesting municipality. Any use of resources (e.g., personnel, equipment, or other material) by another municipality may include a charge for the use. This should be arranged upfront via a formal Memorandum of Agreement (MOA).

8.2.3 Procurement Policy for Emergencies

Purchasing activities or procuring resources in another manner for use during an emergency, regardless of whether a disaster has been formally declared, should follow applicable NYS and Wyoming County policies and procedures whenever possible. However, in the interest of preserving life safety, formal day-to-day purchasing policies and procedures may be waived by Executive Order to get the materials and personnel in place in the shortest amount of time. In such case, a formal disaster declaration, whether done locally, by the Governor, or both, should be in place. Once a formal emergency disaster declaration has occurred, the Chief Elected Official (CEO) can either enact or rescind local laws to facilitate a safe, effective, and efficient response to the emergency and to move into the initial recovery phase.

Purchasing policies and regulations do allow for emergency purchases without getting bids that exceed a current budget’s available money. Some vendors are listed on NYS or federal purchasing contracts, which automatically allow direct purchases.

The County Purchasing Agent will be notified as soon as it becomes apparent that emergency resource procurement is necessary. The Chairperson of the Board of Supervisors has the power to make certain



purchasing decisions that are outside the day-to-day purchasing regulations when necessary to support the emergency response as outlined in the Wyoming County Purchasing Policy41.

8.2.4 State Assistance

When an incident is beyond Wyoming County’s response capacity, Wyoming County may request state assistance through the State Watch Command. Requests for state assistance should be made to the NYS DHSES Region V Office by the Director of Fire and Emergency Management or designee. Based on incident specifics and the request for assistance, NYS DHSES will make a determination on the level of state involvement needed. Depending on the nature of the request, some requests for assistance may be orchestrated through pre-existing interagency protocols or statutory obligations.

The State Logistics Section has the authority to authorize all state resources to respond to a request for assistance, with the exception of the National Guard. Use of National Guard resources requires approval from the Governor.

The Governor of New York may declare a disaster emergency by Executive Order by their own initiative, or upon request from one or more local Chief Executives when a disaster has occurred or may be imminent for which local governments are unable to respond to adequately.

In accordance with NYS Executive Law Article 2-B, the Governor may direct any and all state agencies to provide assistance, which may include the following:

Utilize, lend, or give equipment, supplies, facilities, and services of state personnel.

Distribute medicine, medical supplies, food, and other consumables.

Perform temporary emergency work for the protection of public health and safety, clearing debris, emergency repairs, or temporary replacement of public buildings.

Other use of facilities, equipment, and supplies necessary to assist in coping with the incident at hand.

If an incident has exceeded or is likely to exceed the State of New York’s ability to respond, the Governor may request assistance from other states pursuant to a number of interstate compacts or from the federal government through the FEMA.

8.2.5 Federal Assistance

To receive federal assistance from FEMA, the Governor of New York, with assistance from NYS DHSES, will prepare and forward a request for a Presidential Disaster Declaration to FEMA Region II, who will, in turn, present it to the President. The federal government may declare an incident an emergency or a major disaster.

FEMA has the primary authority for coordinating federal disaster assistance. No direct federal disaster assistance is authorized prior to a Presidential emergency or disaster declaration. FEMA has limited authority to stage initial response resources near the disaster site and activate command and control structures prior to a declaration, and the Department of Defense (DOD) has the authority to commit their resources to save lives prior to an emergency or disaster declaration.

For major emergencies and disasters for which a Presidential declaration has been issued, federal agencies may be mobilized to private assistance to state and local governments. The National Response Framework (NRF) describes the policies, planning assumptions, concept of operations, and responsibilities of designated federal agencies for various response and recovery functions.

Donations and Volunteer Management 8.3



The Wyoming County Donations and Volunteer Management Plan52 outlines the planning and response process for large scale events which result in the need to establish a donations task force or volunteer staffing pool. The WCOES and/or Incident Command should consider the best approach before taking action or accepting donations (materials and funds) as well as requesting or allowing volunteer participation in a response. Volunteer management can be coordinated with the Wyoming County Health Department and New York State Department of Health through ServNY.

52

Wyoming County Donations and Volunteer Management Plan, July 2021, as amended

Restoring Public Services III-22


•NYSEG, National Grid, municipal providers •NYSEG, National Grid, municipal providers Electricity

•Village Public Works, Health Department, Water Resource Agency •Village Public Works, Health Department, Water Resource Agency Water

•Wyoming County Highway Department

•NYS DOT

•Wyoming County Highway Department

•NYS DOT

Highways/ Roads

•NYSEG, National Fuel •NYSEG, National Fuel Natural Gas

•Spectrum Cable, Verizon, Frontier •Spectrum Cable, Verizon, Frontier Cable/Internet Providers

9. Restoring Public Services The Operations and Planning Sections, in coordination with the state, county, and local public works departments, are responsible for ascertaining the emergency’s effect on the infrastructure and the subsequent impact on public services, including transportation, electric power, fuel distribution, public water, telephone, and sewage treatment and ensuring that restoration of services is accomplished without undue delay.

The following ESFs may be established within the Operations Section to perform the tasks above.

ESF 3: Public Works and Engineering

ESF 12: Energy

ESF 13: Public Safety and Security

The Operations Section may assign a representative to other utility operations centers as appropriate with the consent of the utility.

During response operations relating to debris clearance and disposal, Wyoming County should act in cognizance of and in cooperation with the State Highway Emergency Task Force53 emergency policy and procedures.

Public Services and County Essential Services 9.1

Wyoming County’s primary electricity providers are NYSEG and National Grid with some municipal local providers. In the event of a major power outage, electrical providers should assign representatives to the EOC at the county request to facilitate communications and information flow between the utility and Wyoming County. Exhibit 3-9 below lists essential county services that may assign representatives to the EOC.

WCOES works closely to ensure power-dependent individuals are able to access generators or other medically necessary support.

Exhibit 3-9. County Essential Services

Private and Commercial Services Used by the Public 9.2

Other utility operations may also assign a representative to the EOC as appropriate at the request of the

53

Disaster Preparedness Commission Highway Emergency Task Force (1999): https://www.dot.ny.gov/main/publications/publications-repository/disastprep.pdf

https://www.dot.ny.gov/main/publications/publications-repository/disastprep.pdf

III-23


county.

Human Services and Mass Care Needs III-1

Section III – Response

10. Human Services and Mass Care Needs Mass Care, Emergency Assistance, Housing, and Human Services (ESF 6) 10.1

The Planning and Operations functions are responsible for ascertaining what human needs have been particularly affected by an emergency and responding to those unmet needs with the available resources of Wyoming County and local government, with the assistance of volunteer agencies and the private sector.

ESF 6: Mass Care, Emergency Assistance, Housing and Human Services may be established within the Operations Section to perform the tasks listed above. This group should include representatives from Wyoming County Social Services, Office for the Aging, Wyoming County Health Department, Wyoming County Mental Health and Addiction Services, County Veteran’s Services, and VOADs.

Public Health and Medical Services (ESF 8) 10.2

A high impact disaster can cause injury and death to large numbers of people. In addition, damage to and destruction of homes, special facilities, and vital utilities may place the public at substantial risk of food and water contamination, communicable disasters, and exposure to extreme temperatures.

ESF 8: Public Health and Medical Services may be established within the Operations Section to ensure that health and medical considerations are being addressed. This group will be led by the Wyoming County Health Department and include representatives from the Wyoming County Community Health System, OES, Office for the Aging, Wyoming County Mental Health, and nursing home and long-term care facilities.

Section IV Recovery


Wyoming County, NY

Recovery Overview IV-1

Section IV – Recovery

1. Recovery Overview Section IV of this CEMP outlines OES all-hazards and whole community recovery strategy. These actions include damage assessments, debris management, volunteer management, donations management, and financial disaster assistance. This portion of the CEMP describes the structure and coordination activities required to recover from the effects of a major disaster or emergency. The fundamental assumption is that recovery is a cooperative effort among federal, state, local and volunteer agencies, and the private sector in partnership.

Recovery activities refer to actions that enable Wyoming County to assist residents in the process of rebuilding their homes; replacing lost or damaged property; resuming employment; restoring the business community; permanently repairing, rebuilding, or relocating public infrastructure; and mitigating future disaster losses. When life safety and other emergency response actions are well underway or nearly complete, Wyoming County, in conjunction with state and federal partners, can begin the implementation of recovery programs to support families, businesses, and governments. Recovery activities outlined in this plan are the same for declared and non-declared emergencies. Without federal assistance, disaster assistance may be limited to mutual aid agreements, volunteers/donations, and insurance coverage.

Purpose 1.1

This section provides basic recovery guidance to all Wyoming County agencies that respond to a major disaster or emergency under the provisions of this plan. The intent is to ensure that recovery activities are provided expeditiously and in accordance with established law as well as federal and state policies, regulations, and standards.

Scope 1.2

Recovery and restoration actions following any emergency or disaster will be determined by the specific event. Various federal, state, and local jurisdictions and private partners may be involved, depending on the hazard and scope of the situation.

2. Authorized Agent The Wyoming County Chairperson of the Board of Supervisors or designee will be Wyoming County’s authorized agent for preparing and submitting emergency assistance requests and applications to the state and federal government.

As the authorized agent, the Chairperson of the Board of Supervisors, or designee is responsible for the following:

Appoint a Damage Assessment Coordinator (DAC) to develop and manage damage assessment activities.

Request, schedule, and conduct preliminary damage assessments in conjunction with state and federal assessment teams and local municipal leaders.

Schedule and host briefings with federal and state agencies for local municipalities and nongovernmental organizations (NGO) and nonprofit organizations.

Attend Public Assistance (PA) briefings conducted by federal and state emergency officials.

Obtain and/or develop maps showing damage locations with supporting photographs and video recordings.

Coordinate and/or prepare and submit applications for PA.


Wyoming County, NY

Documentation IV-2


Coordinate with state representatives to obtain application submissions for sub-municipalities and NGOs and nonprofits as needed.

Assist with identifying local representatives to work with state and federal representatives.

Identify appropriate facilities to serve as disaster recovery centers (both fixed and mobile).

3. Documentation From the outset of emergency response operations, Wyoming County departments and response personnel must keep detailed expenditure records for:

Labor

Use of County-owned equipment

Use of borrowed or rented equipment

Use of materials from existing stock

Contracted services for emergency response

Emergency purchases of materials and supplies

Other related expenses

Records of expenditures will be required by state and federal auditors as supporting documentation for state and/or federal reimbursement54. Use of the ICS-214 form is highly recommended.

4. Federal Declarations and Assistance Federal Declarations 4.1

The Stafford Act provides for two types of disaster declarations: emergency declarations and major disaster declarations. Both declaration types authorize the President of the United States to provide supplemental federal assistance. Declarations are based on a number of factors, including the size and scope of the event, the type of emergency (localized vs. regional or statewide), the estimated cost of damages based on preliminary damage assessments, and level of insurance coverage for the reported damages. Lastly, for a PA declaration, state and county damages are measured against an annual per capita impact number.55

4.1.1 Federal Declaration Types

The President can declare an emergency for any occasion or instance when the President determines federal assistance is needed. The Governor of the affected state must submit a request to the President through the appropriate Regional Administrator within 30 days of the occurrence of the incident.56 The request must be based on (1) a finding that the situation is beyond the capability of the state and affected local governments, and (2) that supplemental federal emergency assistance is necessary to save lives and protect property, public health and safety, or to lessen or avert the threat of a disaster. Emergency and major disaster declaration types are defined below.

Emergency Declarations:

Public Assistance (PA) – Only Categories A (debris removal) and B (emergency protective measures) may be authorized under an emergency declaration. Categories C–G (permanent

54

FEMA Grant File Documentation and Recordkeeping, 2 CFR § 200.334 Retention requirements for records 55

Public Assistance - Per Capita Impact: https://www.fema.gov/public-assistance-indicator-and-project-thresholds 56

“The Stafford Act (§401) requires that: "All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State…." - https://www.fema.gov/declaration-process

https://www.fema.gov/public-assistance-indicator-and-project-thresholds

https://www.fema.gov/declaration-process


Wyoming County, NY

Federal Declarations and Assistance IV-3


work) are not available under an emergency declaration. Emergency declarations often include only Category B and will typically be limited to direct federal assistance (DFA), absent damage assessments showing significant need for financial assistance. This assistance is generally provided on a 75% federal, 25% non-federal cost-sharing basis.

Individual Assistance (IA) – The Individuals and Households Program (IHP) is the only form of IA that may be authorized under an emergency declaration. Authorization of IHP under an emergency is rare. Housing Assistance under IHP is provided at a 100% federal share, while Other Needs Assistance under IHP requires a 25% non-federal cost share.

Major Disaster Declarations:

The President can declare a major disaster for any incident that has caused damage of such severity that it is beyond the combined capabilities of state and local governments to respond. A major disaster declaration provides a wide range of federal assistance programs for individuals and public infrastructure, including funds for both emergency and permanent work.

Federal Disaster Assistance 4.2

4.2.1 FEMA Public Assistance (PA) Program

The Federal Emergency Management Agency’s (FEMA) PA Program provides supplemental grants to state, tribal, territorial, and local (STTL) governments, and certain types of private non-profits so that communities can quickly respond to and recover from major disasters or emergencies. FEMA also encourages protection of these damaged facilities from future events by providing assistance for hazard mitigation measures during the recovery process. More detailed information can also be located in the FEMA PA Program and Policy Guide.57 The FEMA PA Program award process is illustrated in Exhibit 4-1. The PA Grant Program begins when an area has received a Presidential declaration of an emergency or major disaster. Applicants will coordinate with the grant recipient and FEMA to complete their award package during the pre-award phase of the grant lifecycle.

57

FEMA Public Assistance Program and Policy Guide: https://www.fema.gov/media-library/assets/documents/111781



Wyoming County, NY



Exhibit 4-1. FEMA PA Program Award Process

4.2.2 FEMA Individual Assistance (IA) Program

Through the IA programs58, FEMA provides direct assistance to individuals and households as well as SLTT governments to support individual survivors. IA programs include the following.

Individuals and Households Program (IHP):

IHP Assistance provides financial assistance and direct services to eligible individuals and households who have uninsured or underinsured necessary expenses and serious needs. IHP Assistance is not a substitute for insurance and cannot compensate for all losses caused by a disaster; it is intended to meet basic needs and supplement disaster recovery efforts. IHP Assistance is composed of two provisions: Housing Assistance and Other Needs Assistance (ONA). Housing Assistance may be provided in the form of financial assistance (funds provided to an applicant) or direct assistance (housing provided to the applicant by FEMA). Examples of financial assistance include assistance related to housing needs:

Temporary Housing Assistance: Financial assistance may be available to homeowners or renters to cover rental cost of temporary housing for a limited period of time. If no rental properties are available, a government housing unit may be provided in some areas, but only as a last resort.

Lodging Expenses Reimbursement: Reimbursement of hotel expenses for homeowners or renters may be available for short periods of time caused by inaccessibility or utility outage if not covered by insurance or any other program.

Home Repair: Financial assistance may be available to homeowners to repair disaster-caused damage to their primary residence that is not covered by insurance. The goal is to make the damaged home safe, sanitary, and fit to occupy.

Home Replacement: Financial assistance may be available to homeowners to replace their home destroyed in the disaster when the damage is not covered by insurance. The goal is to help the

58

FEMA Individual Assistance Program and Policy Guide: https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf

https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf

https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf


Wyoming County, NY



homeowner with the cost of replacing their destroyed home.

Permanent or Semi-Permanent Housing Construction: Direct or financial assistance may be available for the construction or repair of a home. This type of help occurs only in insular areas or other locations specified by FEMA where no other type of housing assistance is possible.

Additional Assistance

Additional types of assistance may be provided by FEMA in an IA-declared incident, including:

The Small Business Administration (SBA) offers several types of low interest disaster loans, including:

Home and Personal Property Loans: Homeowners may apply for up to $200,000 to replace or repair their primary residence.

Business Physical Disaster Loans: The SBA makes physical disaster loans of up to $2 million to qualified businesses or most private nonprofit organizations.

Economic Injury Disaster Loans (EIDL): The SBA can provide up to $2 million to help meet financial obligations and operating expenses that could have been met had the disaster not occurred.

Military Reservist Economic Injury Disaster Loan (MREIDL): The SBA provides funds to help an eligible small business meet its ordinary and necessary operating expenses that it could have met but is unable to because an essential employee was called-up to active duty in his or her role as a military reservist.

Crisis Counseling Assistance and Training Program’s (CCP) mission is to assist individuals and communities in recovering from the psychological effects of natural and human-caused disasters through the provision of community-based outreach and educational services. The CCP supports short-term interventions that promote counseling goals to assist disaster survivors in understanding their current situation and reactions, mitigating stress, reviewing their disaster recovery options, promoting the use or development of coping strategies, providing emotional support, and encouraging links with other individuals and agencies who may help survivors in their recovery process (recover to their pre-disaster level of functioning). Supplemental funding for crisis counseling is available to the mental health authorities of states, local municipalities, tribes, and territories as well as designated tribal authorities through two grant mechanisms:

Immediate Services Program (ISP) provides funds for up to 60 days of services immediately following the approval of IA for a disaster.

Regular Services Program (RSP) provides funds for up to 9 months from the date of the notice of award.

Disaster Case Management Program (DCMP) is a federally funded grant program authorized by Section 426 of the Stafford Act, as amended, (42 U.S.C. § 5189d) and administered by FEMA. In the event of a Presidentially declared disaster that includes IA, the Governor of the impacted state may request the implementation of the DCMP. DCMP is a time-limited process that involves a partnership between a case manager and a disaster survivor to develop and carry out a Disaster Recovery Plan. This partnership provides the survivor with a single point of contact to facilitate access to a broad range of resources.

Disaster Unemployment Assistance (DUA) is available to STTL governments to provide unemployment benefits and reemployment services to individuals who have become unemployed as a result of a Presidential disaster declaration approved for IA and who are not eligible for regular State Unemployment Insurance.

Disaster Legal Services (DLS) may be provided through an agreement between FEMA and the


Wyoming County, NY

Damage Assessment IV-6


Young Lawyers Division of the American Bar Association. DLS provides confidential legal assistance to low-income individuals who, prior to or because of the disaster, are unable to secure legal services adequate to meet their disaster-related needs. DLS is only provided for survivors of Presidentially declared major disasters that include IA.

5. Damage Assessment At the time of the local state of emergency declaration, the Chairperson of the Board of Supervisors, or designee, may:

Appoint a DAC to develop and manage damage assessment activities.

Request rapid deployment of state-level damage assistance teams through NYSDHSES.

Assist local emergency officials in analyzing and assessing the impact of the event.

Provide technical assistance to Wyoming County and local officials as necessary.

The Chairperson of the Board of Supervisors or designee, or DAC, if appointed, is responsible for the three phases of damage assessment activities outlined in the sections below.

Damage Assessment Preparedness Activities 5.1

Pre-event activities ensure that damage assessments can occur in a timely manner and help prioritize response objectives. Pre-event activities include:

Identifying and maintaining lists of Wyoming County departments, personnel, and resources to assist and support damage assessment activities.

Identifying and maintaining lists of non-government groups (such as nonprofit organizations, trade organizations, and area professionals) that could provide assistance.

Forging memorandums of understanding (MOU) or memorandums of agreement (MOA) between local government and private organizations for technical support.

Arranging for annual training of selected personnel in damage assessment survey techniques.

Preliminary Damage Assessment Activities 5.2

Preliminary damage assessments (PDA) should be focused on capturing damage information discussed in this document. State or tribal emergency management agencies should work with local emergency managers to ensure that the IA assessment criteria or the information and documentation used during PA assessments is understood. NYS may offer further support to local or county assessment efforts through the deployment of programmatic and/or technical subject matter experts that can answer questions and improve coordination.

Once local or Wyoming County assessment teams have completed their assessments, the information collected should be provided to the State. This information can then be aggregated with similar information provided from other affected jurisdictions, state agencies, utility cooperatives, and NGOs.

PDA activities include:

Preparing and maintaining documents, maps, photographs, and video recording of damage.

Reviewing procedures and forms for reporting damage to higher levels of government.

Determining, with the assistance of NYS DHSES, the types of available damage assessment assistance and procedures for obtaining them (PA vs. IA declarations or both).

Informing the NYS DHSES Director if state and/or federal support is required to assist local jurisdictions in the damage assessment process.

Recording the use of non-government personnel to perform damage assessment functions.


Wyoming County, NY

Damage Assessment IV-7


Selecting personnel to participate in damage assessment survey teams.

Ongoing Damage Assessment Activities 5.3

Through coordination with other Wyoming County department leadership, post-event damage assessment activities may include actions performed by the roles and departments discussed below.

5.3.1 Damage Assessment Coordinator

As part of the damage assessment program, Wyoming County may designate a DAC. The DAC will be responsible for assessing Wyoming County’s damage due to the emergency. The DAC will also work to coordinate and assist local jurisdictions in their own damage assessment programs. Depending on the nature, size, and extent of the event, the DAC may request assistance from other departments or agencies.

5.3.2 Damage Assessment Teams

Damage assessment teams (DAT) should be organized and deployed to emergency locations to collect and report information regarding the type, extent, and impact of damage using a standard assessment and reporting format. DAT may consist mainly of local government employees (such as public works engineers, building inspectors, assessors) and members of nonprofit organizations. When necessary, non-government personnel from engineering, construction, insurance, property evaluation, and related fields may supplement the teams.

Each damage assessment team should have a designated team leader who will report to the DAC or Director of Fire and Emergency Management. County personnel who are assigned damage assessment responsibilities would remain under the control of their own departments but will function under the technical supervision of the designated team leader, reporting to the DAC. All assessment activities should be coordinated through the Emergency Operations Center (EOC).

5.3.3 Initial Damage Assessment

After a preliminary damage assessment but before the compilation of a formal damage assessment report, the DAC should prepare an initial damage assessment for use in the EOC and will submit to NYS DHSES.

The initial damage assessment should include:

A preliminary damage assessment report based on a local “windshield” survey and assessment of damage

A description of and an estimate of the approximate duration of the specific types of aid required from other levels of government

An evaluation of the economic impact of the emergency on the local community and its population

5.3.4 Damage Assessment Report

The DAC leads the coordination of state and federal evaluation teams and compilation of data for the final damage assessment report. The damage assessment report is required for establishing eligibility for any state and/or federal assistance.

The damage assessment report should contain information on destroyed property, property sustaining major damage, and property sustaining minor damage for the following categories:

Damage to private property in estimated dollar loss (extent not covered by insurance)

Homes

Businesses


Wyoming County, NY

Planning for Recovery IV-8


Private Industry

Utilities

Hospitals, educational institutions, private schools, and nonprofit organizations

Damage to public property (estimated dollar loss to the extent not covered by insurance)

Damage to agriculture (estimated dollar loss to the extent not covered by insurance)

Cost in dollar value calculated to support mass care, housing, and individual family grants

Community services provided beyond normal needs

Debris clearance and protective measures taken (e.g., pumping, sandbagging, construction of warning signs and barricades, emergency levees, etc.)

Financing overtime and labor required for emergency operations

5.3.5 Local Jurisdictional Damage Assessments

Each local jurisdiction is responsible for managing local damage assessment activities. Wyoming County is responsible for assessing damage to all County-owned infrastructure and property and can assist local jurisdictions in their own damage assessment programs as needed or requested.

6. Planning for Recovery Recovery includes community development and redevelopment activities. Community development is based on a comprehensive development plan prepared under the direction of local planning departments and boards. Comprehensive community development plans are officially adopted by local government as the official policy for community development. In addition, land use planning and corresponding tools (e.g., zoning ordinances, subdivision regulations, building codes, and design guidelines) can be effective in mitigating damages and facilitating recovery.

Disaster Recovery Center 6.1

A Disaster Recovery Center (DRC)59 is a fixed or mobile temporary facility that provides a central location near disaster impacted areas where federal, state, tribal, and non-government organizations have recovery information, assistance, and services to disaster survivors. A DRC is intended to provide disaster survivors a place to register for FEMA assistance as well as obtain information and assistance on disaster relief resources available from federal, state, tribal, and NGOs. DRCs are typically staffed by both FEMA and state agency representatives, as well as local services (e.g., Social Services, local health department) along with voluntary agencies and other service providers.

Redevelopment Plan 6.2

A redevelopment plan should be considered as part of the initial recovery planning process. The redevelopment plan should include (but need not be limited to) recommendations for:

Replacement, reconstruction, removal, or relocation of damaged or destroyed public facilities and infrastructure

Prioritized emergency repairs to community facilities, buildings, and infrastructure

Economic recovery and community development

The redevelopment plan should account for and incorporate relevant existing plans and policies, to the extent practical. Prevention and mitigation measures should be incorporated into all recovery planning whenever possible. Examples of prevention and mitigation measures include:

59

FEMA Disaster Recovery Centers: https://www.fema.gov/disaster-recovery-centers

https://www.fema.gov/disaster-recovery-centers


Wyoming County, NY

Public Information Regarding Recovery Assistance IV-9


Engineering solutions to reduce vulnerability to certain emergency types

Land use management strategies

Local ordinances that mitigate existing natural and human-caused hazards

Responsibilities for recovery assigned to local governments under State Executive Law, Article 2-B, depend on whether a gubernatorial emergency declaration was issued for a specific emergency. If the Governor declares a state of emergency, under Section 28-A, Wyoming County is responsible for developing local recovery and redevelopment plans. The adopted plan may be amended at any time in the same manner as originally prepared.

Reconstruction 6.3

Reconstruction consists of two phases:

Phase 1 includes short-term reconstruction to return vital life support systems to minimum operating standards.

Phase 2 incorporates long-term reconstruction and redevelopment, which may continue for years after an emergency. Phase 2 also includes risk-reduction projects to minimize repetitive loss.

7. Public Information Regarding Recovery Assistance The Chairperson of the Board of Supervisors and appropriate Wyoming County leadership should work in coordination with federal and state agencies to develop and implement a public awareness campaign for recovery activities. The public awareness campaign should disseminate information such as:

Available public and private sector assistance

Eligibility requirements

Documentation requirements

Locations of DRCs

Availability of support services to facilitate applications

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#54

RESOLUTION NO. 21-

(October 12, 2021)


CHAIRMAN AUTHORIZED TO SIGN A GRANT ACCEPTANCE AWARD WITH THE

NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY

SERVICES ON BEHALF OF WYOMING COUNTY EMERGENCY SERVICES

WHEREAS, At the April 29, 2021 Public Safety Committee Meeting, approval was

given authorizing the Chairman to sign a grant application with the New York State Division of

Homeland Security and Emergency Services for funding to effectively build and sustain critical

capabilities in a minimum amount of fifty-nine thousand seven hundred fifty dollars

($59,750.00); now therefore



sign a grant acceptance award with the New York State Division of Homeland Security and

Emergency Services, 1220 Washington Avenue, State Office Building Campus, Building 7A,

Suite 710, Albany, NY 12242 on behalf of Wyoming County Emergency Services. Said grant

funding is for effectively building and sustaining critical capabilities in a minimum amount of

fifty-nine thousand seven hundred fifty dollars ($59,750.00) with the allocation of fourteen

thousand nine hundred thirty-eight dollars ($14,938.00) for the Sheriff’s Department and forty-

four thousand eight hundred twelve dollars ($44,812.00) for Emergency Services; effective

October 1, 2021 through September 30, 2024.


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#55

RESOLUTION NO. 21-

(October 12, 2021)


CHAIRMAN AUTHORIZED TO ACCEPT THE NEW YORK STATE OFFICE OF

GENERAL SERVICES VEHICLE MARKETPLACE BID AND SIGN A CONTRACT

WITH JOE BASIL CHEVROLET, INC. ON BEHALF OF EMERGENCY SERVICES


Law §103 and with the approval of the County Attorney, is hereby authorized and directed to

accept the following New York State Office of General Services Vehicle Marketplace bid and

sign the following contract on behalf of Emergency Services:

Joe Basil Chevrolet, Inc. 5111 Transit Road, Depew, NY 14043

o Mini-bid No. 8004 for one (1) 2022 Chevrolet Tahoe SSV 4x4 Response Vehicle

in an amount not to exceed forty thousand one hundred sixty-six dollars and sixty-

eight cents ($40,166.68); effective September 27, 2021 through delivery of

vehicle.


of 110

#56

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION IMPLORING THE STATE OF NEW YORK TO AMEND THE BAIL

AND DISCOVERY REFORM LAWS

WHEREAS, The New York State Association of Counties recognizes the need for

statewide bail and discovery reform; and

WHEREAS, Protecting the people from harm by enforcing the rule of law is the

foundational role of government; and

WHEREAS, New York State has seen a disturbing rise in violent crime in the past

several years and more so in the wake of the passage of bail reform; and

WHEREAS, County governments are vested by the State of New York with the

responsibility to protect the most vulnerable among us, including the socioeconomically

disadvantaged, the disabled, the elderly, and children; and

WHEREAS, No group is more vulnerable than the victims of crime, and a just society

demands that crime victims be recognized as key participants within the criminal justice system

and be treated with dignity, fairness, and respect; and

WHEREAS, In the final stages of adopting its FY 2020 budget, the State of New York

enacted sweeping criminal justice reforms including the elimination of cash bail for many

specific enumerated crimes and the imposition of stringent discovery mandates on police and

prosecutors; and

WHEREAS, Under bail reform, beginning January 1, 2020, judges have more limited

discretion to set bail for many specific enumerated crimes, which means those suspected of

committing these crimes can no longer be held in jail after their arrest, regardless of the strength

of the case against these defendants, or the length of the potential sentence faced by these

defendants, or the extent of the harm allegedly caused by these defendants, and instead these

defendants are released back into the general public; and

WHEREAS, New York State is unique among the 50 states in not allowing judges to

consider a defendant's threat to public safety when making a bail or remand determination; and

WHEREAS, Even in cases where bail may be set, language contained in the Criminal

Procedure Law compels magistrates to compel the defendant's return to court using the "least

restrictive means" at his or her disposal; and

WHEREAS, The discovery mandates imposed by the State of New York require law

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RESOLUTION NO. 21-

October 12, 2021

Page 2 enforcement and District Attorneys, beginning January 1, 2020, to turn over voluminous trial-

related materials to defense attorneys within 15 days, creating a mandate that will inevitably not

be achieved in some cases and may result in the inability of the People to properly prosecute

cases against criminal defendants; and

WHEREAS, The office of New York State's chief law enforcement officer, Attorney

General Letitia James, testified at a state legislative hearing on October 28, 2019, that there will

be implementation difficulties because prosecutors across the state presently lack the resources

required to fully comply with discovery mandates; and

WHEREAS, The Attorney General's office further testified that their own office, which

carries a limited criminal caseload, lacks resources required to fully comply with discovery

mandates and, therefore, consequently needs an additional $10 million in state funding; and

WHEREAS, The issues mentioned heretofore will undeniably impact past, present and

future victims of crime in a negative manner, and, in so doing, the bail and discovery reforms

adopted by the State of New York will themselves further victimize these innocent individuals;

now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors encourages the

Governor and State Legislature to amend the existing bail and discovery reform laws; and be it

FURTHER RESOLVED, The following improvements to these laws be implemented as

soon as possible:

Allow judges to consider a defendant's potential threat to public safety, and not simply

his or her likelihood of returning to court, when making a bail or remand determination

for an eligible crime;

Eliminate the language in the criminal procedure law that requires judges to employ the

"least restrictive" means of ensuring that a defendant who is bail eligible returns to court;

and

Allow judges to automatically remand a defendant for any crime involving the illegal

possession or use of a firearm; and be it


to Governor Kathy Hochul, New York State Senator Patrick Gallivan, New York State




of 110

#57

RESOLUTION NO. 21-

(October 12, 2021)


CALLING ON THE STATE OF NEW YORK TO INCREASE AND FULLY FUND

COUNTY LAW 18B ASSIGNED COUNSEL STATUTORY PAY LEVELS

WHEREAS, The United States Constitution established, and the Supreme Court decision

Gideon v. Wainwright clarified, that credible counsel must be provided for all those accused of a

crime, regardless of their ability to pay; and

WHEREAS, New York State took legislative action to establish a criminal indigent

defense legal system that passed the responsibility of providing these criminal defense services,

and many of the costs associated with it, to counties and local property taxpayers; and

WHEREAS, In 2007, the New York State Civil Liberties Union sued the State of New

York in Hurrell-Harring v. State of New York, which showed indigent criminal defense services

were underfunded by the State and failed to meet constitutionally required standards; and

WHEREAS, Prior to Hurrell-Harring, the 57 New York counties spent $164 million

annually on public defense while the state provided the 57 counties with only $39 million in

indigent defense support; and

WHEREAS, The New York State Legislature recognized that the State needed to

provide more funding and in 2017 passed historic legislation increasing state funding by upwards

of $250 million per year to directly improve indigent defense services; and

WHEREAS, While counties are still funding the same amount, the State's 2017

legislative influx of funding has made New York State a leader in indigent defense services; and

WHEREAS, Due to different county demographics and needs, counties have flexibility

in how to provide criminal defense by using a combination of public defenders, conflict defense

offices, and privately contracted attorneys known as 18B counsel (named after the applicable

section of County Law); and

WHEREAS, All counties rely on the services of 18B attorneys to perform these services

to both handle the overflow of work as well as handling conflicts that come into the public

defender's office; and

WHEREAS, Unfortunately, while the 2017 State legislation that helped vastly improve

the indigent defense system, one area that was not addressed was the pay rate of 18B attorneys;

and

WHEREAS, Article 18B establishes compensation paid to attorneys for assigned

counsel work at $60/hour for misdemeanor matters and $75/hour for felony defense; and

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RESOLUTION NO. 21-

October 12, 2021

Page 2

WHEREAS, These rates have remained unchanged since 2004 and in that same time

period the United States has experienced wage growth of 58 percent for highly skilled labor; and

WHEREAS, Counties across the state have had difficulty in recent years attracting and

retaining quality 18B attorneys and the stagnant pay has been identified as a major contributing

factor; and

WHEREAS, Without properly funding 18B attorneys, the work by the State to improve

indigent defense services could be in jeopardy of regressing; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors call on the State

to increase the 18B attorney hourly rate and to include an annual adjustment; and be it

FURTHER RESOLVED, The State needs to fully fund this increase in keeping with the

logical reasoning of the Hurrell-Harring case as well as building on the State legislature's historic

2017 legislation; and






of 110

#58

RESOLUTION NO. 21-

(October 12, 2021)


CALLING ON THE STATE OF NEW YORK TO FULLY REIMBURSE COUNTIES

FOR DISTRICT ATTORNEY SALARY INCREASES THAT ARE SET AND

CONTROLLED BY THE STATE

WHEREAS, On December 24, 2015, the New York State Commission on Legislative, Judicial, and

Executive Compensation voted to recommend increasing all state judge salaries in 2016 and 2018; and

WHEREAS, On April 1, 2016 the State Legislature approved the Commission's recommendation and

placed Supreme Court Judges' salaries at $193,000 in 2016 and approximately $207,000 in 2018 and placed County

Court Judges at 95 percent of a Supreme Court Justice's salary; and

WHEREAS, With Cost-of-Living Adjustment increases in 2019 New York Supreme Court Judge's salaries

were set at $210,900; and

WHEREAS, New York State Judiciary Law Section 183-a links judicial salaries to county District

Attorney (D.A.) salaries, requiring them to be equal or higher than either the County Court Judge or Supreme Court

Judge in a county, depending on county size and full-time or part-time status; and

WHEREAS, Historically when the state increased State Judge salaries in the 1980s and 1990s, the State

fully funded all D.A. salary increases imposed on the counties, recognizing without this funding the increase would

be an unfunded mandate; and

WHEREAS, The District Attorneys Association of the State of New York (DAASNY), recognizing the

automatic nature of these increases and its effect on local county budgets, and further to support the counties'

position, requested in correspondences with state officials that the state fund this salary increase; and

WHEREAS, The State Legislature has stated they understand the importance of not shifting more state

generated costs to the local tax base, mindful of the impact locally with the state-imposed property tax cap; and

WHEREAS, The State Legislature has recognized lowering property taxes is the main priority to ensure a

healthy Upstate New York economy; and

WHEREAS, For smaller counties, the D.A. salary increase can represent nearly one third of their total

allowable property tax growth for all government operations; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls on the State of New York to

fully fund this mandated salary increase as part of the 2022-23 state budget and thereafter, including a one-time

amount for the retroactive salary increase that has not been funded to date; and be it





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#59

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION IMPLORING THE STATE OF NEW YORK TO ENACT PUBLIC

SAFETY RELATED CIVIL SERVICE REFORM

WHEREAS, It has been the experience of public safety administrators that the hiring and

retention of qualified police, correction officers, and other public safety professionals has been

hampered in recent years by a confluence of social and economic factors; and

WHEREAS, Such hiring and retention difficulties are only compounded by current civil

service laws and regulations which prevent the efficient and timely recruitment and promotion of law

enforcement and public safety personnel; and

WHEREAS, It is the shared goal of all public safety administrators to increase diversity in

their workforces as a means of strengthening relations with the communities that their agencies

serve; and

WHEREAS, It is the State's clear goal, as expressed through Executive Order 203 and the

2021 Professional Policing Act, to enhance the diversity, professionalism and accountability of

police agencies through local police reform initiatives predicated on the hiring of the best police and

correction officer candidates; now therefore,

BE IT RESOLVED, That the Wyoming County Board of Supervisors will support

legislative or regulatory initiatives that will allow for the following:

Greater offering, and timelier administration and processing of civil service examinations;

Including virtual and modern technological means for test administration;

Expanding the acceptable zone of "band scoring" of civil service examinations, thereby

accessing a larger pool of candidates;

Disqualifications of applicants from civil services eligible lists who are clearly inappropriate

for a role in public safety professionals as evidenced by a failed background check or

psychological examination;

Expansion of the types of applicable civil service credits that may enhance a candidate's

exam score to include such things as:

o bilingual or American sign language (as1) proficiency

o education in social work or mental health but not limited to other public work

professions; and be it






of 110

#60

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION OPPOSING QUALIFIED IMMUNITY REFORM

WHEREAS, The doctrine of qualified immunity is a federal judicial construct that holds

that public servants engaged in the good faith execution of their duties should not be held civilly

liable for acts or omissions that, in hindsight, deprived an individual of his or her constitutional

rights; and

WHEREAS, Qualified immunity does not shield police officers or any other public

servant from illegal conduct; and

WHEREAS, Qualified immunity not only protects police officers from liability for

unknowingly violating constitutional rights, it protects all government actors from liability,

thereby allowing them to function in uncertain situations where immediate action is needed for

the public good; and

WHEREAS, Qualified immunity is a necessary limiting principle that filters out

frivolous or spurious cases from the judicial process and in-so-doing, protects local governments

and their taxpayers from negative financial implications; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors opposes any

legislative or regulatory attempt to circumvent the federal qualified immunity doctrine by

creating private right of action under New York State law for deprivation of constitutional or

civil rights, for which qualified immunity or commonly understood legal underpinnings are not a

defense; and be it





Carried: Ayes: Noes: Absent: Abstain

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#61

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION URGING THE AMENDMENT TO NEW YORK STATE INSURANCE LAW IN

RELATION TO PAYMENTS TO PRE-HOSPITAL EMERGENCY MEDICAL SERVICES

PROVIDERS

WHEREAS, The constant and quick availability of ambulance response is something that all of our

citizens have grown accustomed to and it is essential to the survivability of all New Yorkers- when there is a

medical crisis; and

WHEREAS, Fair and direct reimbursement for those services is paramount to the financial stability and

continued availability of ambulances to respond. Current law permits insurance companies to pay for ambulance

service charges direct to the patient until and unless the ambulance company becomes a preferred provider of that

specific insurance company. It is not practical to expect a preferred provider relationship with every insurance

company. But then it is the responsibility of the ambulance company to try to recoup payment for service from that

patient; and

WHEREAS, All types of EMS providers routinely are not paid by the patient for ambulance services even

though the patient receives payment from the insurance company. Especially as the financial crisis we are currently

facing deepens, more and more patients are pocketing these funds; and

WHEREAS, Additionally, the insurance company is not obligated to advise the ambulance company that

they in fact have paid the ambulance transport bill direct to the patient. This disconnect of information leads to

confusion and furthers the lack of proper payment issue; and

WHEREAS, In New York State, ambulance companies are mandated responders. As such, most

ambulance providers have no knowledge of the patient's ability to pay or if or by whom they are insured by when a

medical emergency or accidental event occurs. Ambulance service is one of the few medical services where

payment is not expected at the time of service; and

WHEREAS, Legislation is needed that will assure that responding ambulance service will receive direct

payment for all ambulance service transports upon submission of an invoice to the insurance company without the

need for the responding ambulance company to be a preferred provider; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors is in full support of amending the

Insurance Law, in relation to payments to prehospital emergency medical

services providers, and urges Senator Breslin to re-introduce Senate Bill 3556 at the start of the

2021-2022 legislative session; and be it

FURTHER RESOLVED, That the Wyoming County Board of Supervisors requests that Assemblyman

DiPietro introduce companion legislation in full support of this bill; and be it


Kathy Hochul, New York State Senators Neal Breslin and Patrick Gallivan, New York State Assemblyman David



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#62

RESOLUTION NO. 21-

(October 12, 2021)


HOSPITAL ADMINISTRATOR AUTHORIZED TO SIGN VARIOUS CONTRACTS ON

BEHALF OF THE WYOMING COUNTY COMMUNITY HEALTH SYSTEM

BE IT RESOLVED, In accordance with Resolution Number 11-209 passed by the

Wyoming County Board of Supervisors, on June 14, 2011 entitled, “AMENDING

RESOLUTION 91-159, AUTHORITY OF THE BOARD OF MANAGERS OF THE

HOSPITAL,” the Hospital Administrator, pursuant to General Municipal Law §104(b) and with

the approval of the County Attorney and/or Costello Cooney Fearon, PLLC, legal counsel, is

hereby authorized and directed to sign the following contracts on behalf of the Wyoming County

Community Health System:

DCCS Consulting, LLC, 205 Hackney Circle, Wilmington DE 19803 for a financial

advisory support assessment to provide a lookback on financial trends and identify root

cause issues driving recent financial results in an amount not to exceed ninety-six

thousand dollars ($96,000.00) per year; effective October 1, 2021 through September 30,

2022.

University at Buffalo Surgeons, Inc., 100 High Street, Buffalo, NY 14203 for a

professional services agreement to provide general surgery services and gastrointestinal

surgery services in an amount not to exceed four hundred nine thousand seven hundred

fifty-four dollars ($409,754.00) per year; effective October 1, 2021 through September

30, 2024.

Staff Health, 11175 Cicero Drive, #100, Alpharetta, GA 30022 for an agreement to

provide agency staffing during critical shortage in an amount not to exceed one hundred

fifty thousand dollars ($150,000.00) per year; effective September 7, 2021 through

September 6, 2023.

Radiometer America, Inc., 250 South Kraemer Boulevard, Brea, CA 92821 for a lease

agreement to replace the existing blood gas equipment in an amount not to exceed

twenty-one thousand seven hundred ninety-three dollars ($21,793.00) per year; effective

October 1, 2021 through October 31, 2026.

Evident/CPSI, PO Box 850309, Mobile, AL 36685-0309 for a general support agreement

to provide hospital electronic health record, CPSI/Evident/Thrive in an amount not to

exceed one hundred sixty-five thousand dollars ($165,000.00) per year; effective June 1,

2021 through May 31, 2022.



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#63

RESOLUTION NO. 21-

(October 12, 2021)




SIGN VARIOUS CONTRACTS ON BEHALF OF THE WYOMING COUNTY

COMMUNITY HEALTH SYSTEM”, passed by this Board of Supervisors on November 10,

2020 and provides in part for the following contract:

Hudson Headwaters, 340B, 333 Glen Street, 7th

Floor, Glens Falls, NY 12801 for a

340B Management Services Agreement to provide technical and administrative

support for Section 340B program in an amount not to exceed three hundred forty

thousand dollars ($340,000.00); effective November 1, 2020 through October 31,

2021.

Now therefore,

BE IT RESOLVED, That Resolution Number 20-466 be hereby amended to extend the

term through October 31, 2022 in an amount not to exceed three hundred forty thousand

dollars ($340,000.00) per term.



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#64

RESOLUTION NO. 21-

(October 12, 2021)


HOSPITAL ADMINISTRATOR AUTHORIZED TO SIGN AN EMPLOYMENT

AGREEMENT ~ SALARY SCHEDULE “P” WITH KARI BEARDSLEY, WHNP ON

BEHALF OF THE WYOMING COUNTY COMMUNITY HEALTH SYSTEM

BE IT RESOLVED, In accordance with Resolution Number 11-209 passed by the

Wyoming County Board of Supervisors, on June 14, 2011 entitled, “AMENDING

RESOLUTION 91-159, AUTHORITY OF THE BOARD OF MANAGERS OF THE

HOSPITAL,” the Hospital Administrator of the hospital, pursuant to General Municipal Law

§104(b) and with the approval of the County Attorney and/or Costello Cooney Fearon, PLLC,

legal counsel, is hereby authorized and directed to sign an Employment Agreement – Salary

Schedule “P” with Kari Beardsley, WHNP, 4196 Route 98, North Java, NY 14113 on behalf of

the Wyoming County Community Health System. Said contract to provide a Women’s Health

Nurse Practitioner in an amount not to exceed one hundred thousand dollars ($100,000.00);

effective October 25, 2021.



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#65

RESOLUTION NO. 21-

(October 12, 2021)


SALARY SCHEDULES “P”, “C”, “X”, “S”, “D” AND “G” AMENDED

BE IT RESOLVED, That the Wyoming County Salary Plan which became effective

January 01, 1967, as amended, is hereby amended as follows:

Salary Schedule “P”:


Create one (1) position of Women's Health Nurse Practitioner (1.00 FTE) (position code

TBD) under OB CLINIC and set the salary at $100,000.00 per year; position available date is

September 26, 2021.

Salary Schedule “C”:


Create one (1) position of Director of Maternity and Women's Health (1.00 FTE) (position

code TBD) under OBSTETRICS, salary to be determined; position available date is October

3, 2021.

Set the salary for Clinic Office Manager (position code 02.206.525) under CLINIC

ADMINISTRATION at $74,000.00 per year; effective September 26, 2021.

Salary Schedule “X”:


Set the hourly rate for Medical Office Assistant (position code 12.184.480) under

WYOMING COUNTY FAMILY MEDICINE – ARCADE at $16.00 per hour; effective

September 19, 2021.

Set the hourly rate for Registered Practical Nurse (position code 03.883.209) under

WYOMING COUNTY FAMILY MEDICINE – ARCADE at $25.00 per hour; effective

September 19, 2021 and move under WYOMING COUNTY FAMILY MEDICINE -

PERRY.

Create one (1) position of Medical Office Assistant (Clinics) 1.00 FTE (position code TBD)

under NEUROLOGY CLINIC and set the range at $13.33 - $17.50 per hour; position

available date is October 3, 2021.

Abolish one (1) position of Registered Practical Nurse (1.00 FTE) (position code

03.882.209) under WYOMING COUNTY FAMILY MEDICINE – ARCADE; effective

October 2, 2021.

Create one (1) position of Licensed Practical Nurse (1.00 FTE) (position code TBD) under

WYOMING COUNTY FAMILY MEDICINE – ARCADE and set the hourly rate at $20.34

per hour; position available date is September 16, 2021.

Salary Schedule “S”:

Public Defender

Remove the title Staff Social Worker, PT (0.71 FTE) (position code 008.594); effective

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RESOLUTION NO. 21-

October 12, 2021

Page 2 October 4, 2021.

Remove the title Data Management Account Clerk (1.00 FTE) (position code 009.595);


Highway Department

Set the salary of Deputy Co. Highway Supt. (position code 005.503) at $65,000.00 per year;

effective September 20, 2021.

Increase salary for Construction Project Coordinator (Per Diem) (Temp.) by $8,500.00 for

an amended not to exceed amount of $18,500.00 for the year 2021 and extend the expiration

date into 2022 in an amount not to exceed $10,000.00.

Veterans Services

Provide a one-time stipend to the Assistant Director of Veteran Services (position code

004.369) in the amount of $1,000.00 per month for administrative services provided during

the absence of a Director of Veterans Services; effective June 5, 2021 through September 12,

2013.

Youth Bureau

Set the salary of Fiscal Officer I (position code 008.282) at $45,674.00 per year due to

additional duties associated with increased Medicaid billing workload; effective January 1,

2022.

o Eligible for COLA increase.

Salary Schedule “D”:

Veterans Services

Set the salary of the Director of Veterans Services (position code 001.106) at $42,000.00 per

year; effective September 13, 2021.

o Upon successful completion of required accreditation, training incumbent will be

eligible for an increase in salary of $1,000.00.

Salary Schedule “G”:

Public Defender

Add the title Staff Social Worker, PT (0.71 FTE) (position code 008.594) under Hurrell-

Harring Grant (Contract No. XXXXXX) and set the hourly rate at $26.92; effective October

4, 2021.

Add the title Data Management Account Clerk (1.00 FTE) (position code 009.595)

under Hurrell-Harring Grant (Contract No. XXXXXX) and set the hourly rate at $21.24;



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#66

RESOLUTION NO. 21-

(October 12, 2021)



CHAIRMAN AUTHORIZED TO SIGN A CONTRACT WITH WYOMING COUNTY

SNOWMOBILE FEDERATION ON BEHALF OF THE BOARD OF SUPERVISORS


SIGN A CONTRACT WITH WYOMING COUNTY SNOWMOBILE FEDERATION ON

BEHALF OF THE BOARD OF SUPERVISORS” passed by this Board of Supervisors on

June 8, 2021 and provides for the 2020/2021 New York State Grant-in-Aid Program funding in

an amount not to exceed one hundred forty-two thousand seven hundred sixteen dollars

($142,716.00); effective April 1, 2020 through March 31, 2021; now therefore

BE IT RESOLVED, That Resolution Number 21-296 be hereby amended to increase

the 2020/2021 allocation by three thousand one hundred eighty dollars ($3,180.00) for a new

total amount not to exceed one hundred forty-five thousand eight hundred ninety-six dollars

($145,896.00).



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#67

RESOLUTION NO. 21-

(October 12, 2021)


POSITION(S) APPROVED

BE IT RESOLVED, That the following positions are hereby created, amended, extended

modified, reassigned, abolished and/or reclassified in the following Wyoming County Departments:

CREATED:

Highway

Two (2) positions of Sign Maintenance Worker (1.00 FTE) on CSEA schedule B, Job

Grade 9, at an hourly rate of $19.04 – $21.03; position available date is October 13, 2021.

County Health Department

One (1) position of Fellowship Coordinator (1.00 FTE) and place on Salary Schedule G

under NYS Public Health Corps Fellowship Program through Health Research, Inc./NYS

DOH (as approved by Res. #21-XXX, effective October 12, 2021) at an annual salary of

$60,000.00; position available date is October 13, 2021.

o Benefit package consistent with current CSEA Bargaining Agreement.

Social Services

One (1) position of Social Services Program Specialist Trainee (1.00 FTE) on CSEA

Schedule A, Job Grade 8 at $18.75/hr.-$21.69/hr.; position available date is November 3,

2021.

o Promoted to Social Services Program Specialist (position code 143.359)

(Grade 10) after twelve (12) months of satisfactory performance during the

training period.

o Funded by current Social Services Program Specialist.

One (1) position of Social Services Program Specialist Trainee (1.00 FTE) on CSEA

Schedule A, Job Grade 8 at $18.75/hr. -$21.69/hr.; position available date is October 6,

2021.

o Promoted to a Social Services Program Specialist (position code 119. 359)

(Grade 10) after twelve (12) months of satisfactory performance during the

training period.

o Funded by current Social Services Program Specialist.

ABOLISHED:

Highway

Two (2) positions of Motor Equipment Operator (Seasonal) (position codes 090.163 and

092.163); effective October 12, 2021.

One (1) position of Sign Maintenance Supervisor (position Code 009.500); effective

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October 12, 2021.

RESOLUTION NO. 21-

October 12, 2021

Page 2

REINSTATED:

Office for the Aging

One (1) position of Meal Site Manager, PT (position code 010.151) on Salary Schedule

F and set the salary at $12.50 per hour in accordance with Res. No. 21-089 to remain

competitive with New York State minimum wage indefinitely; position available date is

October 15, 2021.

o This position was made vacant June 1, 2020 due to COVID-19 lay off.


of 110

#68

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION CALLING ON THE GOVERNOR TO COMPLETE AFFORDABLE

CARE ACT ENHANCED FEDERAL MEDICAID ASSISTANCE PERCENTAGE

RECONCILIATIONS THAT ARE YEARS OVERDUE AND IMMEDIATELY

RELEASE THE FEDERAL FUNDS OWED TO COUNTIES AND NEW YORK CITY

WHEREAS, The funding to support the Medicaid program is provided by a combination

of federal, state and local resources; and

WHEREAS, The state requires the counties and New York City to contribute $7.6

billion annually to pay for the federal and state defined and controlled program; and

WHEREAS, The locally required share of Medicaid funding paid in New York is the

highest of any state in the country; and

WHEREAS, This large local funding share for Medicaid and other state programs is a

major contributor to New York's high local tax burden compared to other states; and

WHEREAS, Under the Affordable Care Act (ACA), the federal government provided an

enhanced Medicaid matching share (eFMAP), which has saved New York state billions of

dollars; and

WHEREAS, The state is required under federal law to share these savings with counties

and New York City based on the proportionate share localities pay of the nonfederal match; and

WHEREAS, The state has utilized a methodology that provides 80 percent of these

estimated federal savings to counties in the year the costs accrue; and

WHEREAS, The balance of savings owed to counties is required to be reconciled

annually to ensure the withheld savings are transferred to county budgets and local taxpayers, as

well as meeting the intent of federal law; and

WHEREAS, The last completed reconciliation and transfer of federal savings owed to

counties was for state fiscal year 2015-16; and

WHEREAS, Individual counties, including Wyoming County, and NYSAC have made

numerous requests, over multiple years, regarding the status of outstanding Medicaid ACA

eFMAP reconciliations and the federal funds withheld from counties; and

WHEREAS, Due to the lack of a meaningful response from state officials, dozens of

counties have submitted Freedom of Information Law (FOIL) requests to the New York State

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RESOLUTION NO. 21-

October 12, 2021

Page 2 Department of Health (DOH); and

WHEREAS, DOH has been providing detailed responses to county FOIL inquiries and

initial responses indicate, if current trends continue, that well over $1 billion in federal funding is

owed to counties and New York City for SFY's 2017, 2018, 2019 and 2020; and

WHEREAS, Because the state is withholding these federal funds, it requires counties

and New York City to reserve funds locally to make up for the loss, meaning local taxes have

been kept higher than they need to be over multiple years, or local services are scaled back or

eliminated; and

WHEREAS, In the years leading up to the last completed ACA eFMAP reconciliation,

counties were provided an estimate of their coming year Medicaid costs by September, in time to

incorporate the savings in their budgets, which ceased when regular reconciliations ended; now

therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors urges the

Governor to complete these unfinished reconciliations as soon as possible and to provide

counties and New York City a full accounting of the federal funds owed, and to take immediate

steps to release the funds to localities; and be it

FURTHER RESOLVED, The state should also renew its practice of providing timely

notice to counties of coming year Medicaid costs so they can appropriately budget those savings

for local taxpayers and to preserve highly desired local quality of life services provided in our

communities; and be it






of 110

#69

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION CALLING ON THE GOVERNOR AND LEGISLATURE TO END THE

DIVERSION OF COUNTY SALES TAX TO PAY FOR THE STATE AIM PROGRAM

AND BEGIN WORK TO REFORM THE AIM PROGRAM WHILE RESTORING

STATE FUNDING RESPONSIBILITY

WHEREAS, Three years ago the State shifted $59 million annually of the cost of the State AIM

program to counties, implemented through a state diversion of county sales tax; and

WHEREAS, The local sales tax has become the number one source of revenue for an increasing

number of counties; and

WHEREAS, The local sales tax is the primary revenue source available to counties and other

local governments to help offset property tax increases and to lower property taxes in many instances; and

WHEREAS, State elected leaders have made controlling and lowering property taxes a key

priority in efforts to reduce the tax burden for homeowners and small businesses, and to lower New

York's ranking as one of the highest property tax burden states in the nation; and

WHEREAS, The diversion of local revenues for state purposes ultimately results in higher

property taxes, further damaging New York's economic competitiveness and weakening homeowners' and

small business' balance sheets; and

WHEREAS, Both chambers of the legislature proposed ending the diversion of county sales tax

to pay for the State's AIM program in their respective budget bills; and

WHEREAS, The legislature also passed a bill this session (A.6601-A/S.5418-C) that calls for the

formation of a task force to examine the AIM program and make recommendations for reforms and

improvements including a review of financing; now therefore


State Legislature to end the practice of diverting local sales taxes to pay for the State designed and

controlled AIM program; and be it

FURTHER RESOLVED, Counties urge the Governor to sign the AIM reform task force bill so

appropriate reviews and recommendations can be considered; and be it


Governor Kathy Hochul, New York State Senator Patrick Gallivan, New York State




of 110

#70

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION CALLING ON THE STATE TO EQUITABLY DISTRIBUTE GAMING

REVENUE TO ALL NEW YORK COUNTIES AND TO MAKE WHOLE COUNTIES

IMPACTED BY THE STATE'S GAMING REVENUE CUTS

WHEREAS, The enacted 2022 State Budget changed the statewide gaming industry by

legalizing mobile sports gaming; and 2) reducing the percentage of gaming revenue collected

from casinos to the State thereby reducing the amount on an annual basis distributed to local

governments; and

WHEREAS, These proposed changes directly impact the current local government

revenue sharing system; and

WHEREAS, In addition to these new State created changes, the State and Seneca Nation

compact settlements are still stalled, heavily impacting local governments that depend on this

revenue that is generated from gaming in Western New York, while revenue generated from

Saint Regis Mohawk Tribe gaming in Northern New York has not been distributed to counties

since the last quarter of 2019; and

WHEREAS, The State's gaming revenue sharing system brings hundreds of millions of

dollars to local governments and has become crucial support of funding needed to operate local

government services; and

WHEREAS, Any disruption to this sharing system directly impacts a local government's

ability to provide these crucial services; and

WHEREAS, The mobile sports gaming system did not allow for a revenue sharing

system with local governments or for gaming system government partners such as OTB and

racetracks, yet this system has the potential to pull gaming from more traditional forms that do

share revenue with counties; and

WHEREAS, The 2022 State Budget lowered the tax levels paid by commercial casinos

in order to help their business viability in the market; and

WHEREAS, This lowering of State tax percent may be of benefit to the casinos and

therefore good for their long-term health, which is good for both these businesses and the

communities by which they reside; and

WHEREAS, However, because local governments are dependent on the State tax rate for

shared gaming revenue, any decrease made by the State in their $212 billion overall budget

cannot coincide with a loss to such local government; and

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RESOLUTION NO. 21-

October 12, 2021

Page 2 WHEREAS, Any annual local government decrease caused by State changes to the

gaming taxing rate must be met by the State to support local government services; and

WHEREAS, The Wyoming County Board of Supervisors thanks and supports the State

for adding $7 million to local governments in recognition of this fact and to offset the change in

the 2022 State Budget; and

WHEREAS, New York State has not been receptive to the resolution of these upstate

county needs by easing the financial burden created by the State's failure to resolve the issue; and

WHEREAS, However, this $7 million was one-time funding, while the tax cut is

permanent; and

WHEREAS, A new governor, Governor Hochul with a fresh perspective which is

informed with a deep understanding of upstate issues offers an opportunity to move the issue to

completion; now therefore

BE IT RESOLVED, That he Wyoming County Board of Supervisors calls on the State

to make a permanent annual appropriation to offset any local funding decrease that results from

the State's private casino tax reduction; and be it

FURTHER RESOLVED, Mobile sports betting should also allow for system operation

and revenue sharing that meets local needs, including the creation and retention of local jobs and

shared revenue with local governments in order to meet the increased government service needs

that comes with such proposals; and be it






of 110

#71

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION URGING GOVERNOR HOCHUL AND THE STATE LEGISLATURE

TO AMEND STATE INSURANCE LAW TO FOSTER SHARED MUNICIPAL HEALTH

INSURANCE CONSORTIUMS

WHEREAS, Health insurance costs continue to be among the fastest growing costs for

local governments across the state; and

WHEREAS, To address this challenge, counties and local governments would like the

ability to create municipal health insurance consortiums to jointly self-fund their health plans at a

significantly lower cost for taxpayers; and

WHEREAS, These plans could reduce costs and increase flexibility while ensuring

quality coverage for counties, municipalities, and local government employees; and

WHEREAS, The Governor and State Leaders have strongly encouraged local

governments to pool resources, share services and consolidate operations to improve efficiency

and reduce costs to taxpayers, particularly with the State's extended County Wide Shared

Services Initiative, designed to incentivize counties and local governments to share services to

reduce costs for local taxpayers; and

WHEREAS, Whenever two or more local governments want to join forces to provide

employee health insurance, Article 47 of the Insurance Law is triggered; and

WHEREAS, Article 47 allows for the creation of municipal healthcare consortia, but its

onerous regulations have enabled very few municipal healthcare consortia to form since 1991;

and

WHEREAS, Many counties are self-funded, experience rated, and self-insured and are in

an ideal position to take the lead on developing new Article 47 consortia; and

WHEREAS, Counties have asked for several years that the state review its current legal

and regulatory requirements that allow counties to more easily establish shared health insurance

risk pools to lower costs for local governments; and

WHEREAS, Former Governor Cuomo asked the State Department of Taxation and

Finance to provide guidance for municipalities that want to create an Article 47 health insurance

consortium, but that guidance did not reduce the onerous requirements of the law; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors does hereby urge

Governor Kathy Hochul and the State Legislature to amend State Insurance Law to make it

easier to form municipal health insurance consortia by allowing these consortia to start with

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RESOLUTION NO. 21-

October 12, 2021

Page 2 fewer than the required 2,000 employees with health insurance policy contracts, reduce the

amount of IBNR reserves to more accurately reflect actuarial analysis of projected reserves

needed, and allow other public entities to join a consortium as long as they have a connection to

a taxing jurisdiction; and be it

FURTHER RESOLVED, That the Wyoming County Board of Supervisors is asking

that the cost of creating these consortia be eligible for a share of the $225 million in state

matching funds from the county-wide shared services funding to help offset initial investment

requirements; and be it

FURTHER RESOLVED, Barring these reforms, counties seek legislation that would

allow local governments within their borders to join the county's self-insured, self-funded, and

experience rated health programs; and be it






of 110

#72

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION CALLING ON THE STATE OF NEW YORK TO IMMEDIATELY

MAKE ALL MUNICIPALITIES WHOLE IN THE SAINT REGIS MOHAWK TRIBAL

GAMING REGION THAT HAVE BEEN IMPACTED BY THE STATE'S

LACK OF PAYMENT

WHEREAS, On October 15, 1993 the St. Regis Mohawk Tribe and the State of New

York signed a compact paving the way for casino gaming; the Akwesasne Mohawk Casino

opened on April 12, 1999; and

WHEREAS, Under agreement and codification in New York law the St. Regis Mohawk

Tribe pays 25 percent of all gaming revenue to the State of New York in return for, in part,

exclusivity regional gaming rights; and

WHEREAS, Under the agreement, the State of New York shares with local

governments, including seven counties and numerous towns, in Northern New York, a portion of

revenue they receive from the St. Regis Mohawk Tribe; and

WHEREAS, The counties and local governments rely on that revenue to maintain

infrastructure and provide public safety for all residents as well as provide services needed to

help support this growing gaming industry; and

WHEREAS, In March 2020, the State of New York, under a State of Emergency, closed

many businesses, especially ones where crowds gathered, including casinos, causing the

Akwesasne Mohawk Casino from making any revenue at this time; and

WHEREAS, In August 2020, casinos including the Akwesasne Mohawk Casino were

allowed and did reopen with a limited capacity and began making revenue once again that is to

be shared with the State and local governments; and

WHEREAS, To date, there have been no payments by the State to the 7 Northern Region

Counties since the last quarter of 2019; and

WHEREAS, This revenue loss amounts to millions of dollars in lost revenue annually to

the 7 Northern Region Counties; and

WHEREAS, This funding is needed by the counties to fix roads, support social services,

and provide for public health and safety; and

WHEREAS, The St. Regis Mohawk Tribe and the counties of New York have a long

history of productive partnerships and respect; and

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RESOLUTION NO. 21-

October 12, 2021

Page 2



WHEREAS, The State of New York has created a system by which vital local services

are dependent on continued revenue being received and distributed to local governments through

casino gaming, yet the State has not made a contingency plan and/or ignored the needs of local

governments when this revenue is lowered or even not received; and

WHEREAS, A new governor, Governor Hochul, with a fresh perspective which is




of New York to immediately make municipalities whole for the funding being withheld by the

State by either lack of collection from the St. Regis Mohawk Tribe or collected and not passed

on in a timely manner; and be it

FURTHER RESOLVED, In the alternative if the State is unwilling to make the local

governments whole, and if the St. Regis Mohawk Tribe desires to assist local governments

directly, the State will not see this as a violation, nor will this act be subject to the terms of the

St. Regis Mohawk Tribe and New York State Compact; and be it






of 110

#73

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION URGING CONGRESS TO REPEAL OR MODIFY THE FEDERAL CAP

ON THE DEDUCTIBILITY OF STATE AND LOCAL TAXES

WHEREAS, In 2017, Congress enacted comprehensive federal tax reforms that capped

the deductibility of state and local taxes (SALT) at $10,000, among other items; and

WHEREAS, Capping SALT deductibility impacted New York taxpayers (especially

homeowners) much more than taxpayers in other states because of our higher home prices and

tax rates; and

WHEREAS, Many in Congress targeted New York and other similarly situated states as

being unfairly subsidized by taxpayers in other states because of the full deductibility of SALT;

and

WHEREAS, This viewpoint failed to recognize that New York State has been a

consistent "donor" state to the federal government because of our long history of being home to

many high wealth individuals and higher than average income earners; and

WHEREAS, This results in New York contributing tens of billions of dollars more each

year to the federal government than we receive back in payments or grants and this has been

occurring for decades; and

WHEREAS, The consistent "donor" status is the result of a plethora of federal funding

formulas where income is often used as a basis for distributing those dollars; and

WHEREAS, Since the state receives fewer federal grants and payments than other states

from income-based federal formulas, New York must raise more local taxes to fulfill federal

mandates and regulations for K-12 education, health and social services, environmental and labor

protections, as well as provide local quality of life services including fire and police protection,

higher education, and emergency preparedness and response, among others; and

WHEREAS, The deductibility of SALT was one of six original federal tax deductions

established when the federal income tax was created in 1913; and

WHEREAS, The SALT deduction was implemented to prevent double taxation and to

encourage states and local government to invest in their communities, infrastructure and people

— often because the federal government recognized they could not make these investments; and

WHEREAS, The House of Representatives recently passed the "Restoring Tax Fairness

for State and Localities Act" which will raise the cap on the deductibility of SALT from $10,000

to $20,000 for one year and then suspend the cap for the following two (2) years; and

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RESOLUTION NO. 21-

October 12, 2021

Page 2

WHEREAS, Enactment of this legislation, or similar legislation, can correct the

inequities created by the SALT deductibility cap; now therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls on the state

congressional delegation and the entire Congress to support these changes; and be it






of 110

#74

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION CALLING ON THE STATE OF NEW YORK TO IMMEDIATELY

MAKE ALL MUNICIPALITIES WHOLE THAT HAVE BEEN IMPACTED BY THE

STATE AND SENECA NATION DISPUTE

WHEREAS, In 2002, the State of New York and the Seneca Nation entered into a

compact with a provision that gaming revenue would be shared with the State in return for

certain gaming exclusivity rights in Western New York; and

WHEREAS, The State of New York shares with local governments, including 16

counties in Western New York, a portion of revenue they receive from the Seneca Nation; and

WHEREAS, The counties rely on that revenue to maintain infrastructure and provide

public safety for all residents as well as provide services needed to help support this growing

gaming industry; and

WHEREAS, In 2017, a dispute between the Seneca Nation and the State arose over the

language within the compact, leading the Nation to stop revenue sharing payments to the State;

and

WHEREAS, It is now four years later, and no significant progress has been made in the

State's negotiation efforts to resolve this matter nor has the needed revenue been allocated to the

local governments in this time period; and

WHEREAS, Under New York Law, this revenue is first sent to the State of New York,

after which the State sends a portion to local governments to support local service costs; and

WHEREAS, This revenue loss amounts to approximately $50 million annually to the 16

counties in Western New York; and

WHEREAS, To date, this equates to over $250 million in county funding that is needed

to fix roads, support social services, and provide for public health and safety; and

WHEREAS, Municipalities have suffered significant losses, both financial and personal;

and



WHEREAS, The Seneca Nation and the counties of New York have a long history of

productive partnerships and respect, and the Nation leaders have expressed in the past they

would be open to direct fiscal support to local governments; and

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RESOLUTION NO. 21-

October 12, 2021

Page 2

WHEREAS, A new governor, Governor Hochul with a fresh perspective which is




of New York to immediately make municipalities whole for past and current losses caused by the

State's dispute with the Seneca Nation of Indians in order to avoid further catastrophic harm to

public safety and county services; and be it

FURTHER RESOLVED, In the alternative if the State is unwilling to make the local

governments whole, and the Seneca Nation desires to assist local governments directly, the State

will not see this as a violation, nor will this act be subject to the terms, of the Seneca Nation and

New York State Compact; and be it






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#75

RESOLUTION NO. 21-

(October 12, 2021)


RESOLUTION CALLING ON THE GOVERNOR, STATE LEGISLATURE AND

COMPTROLLER TO SUPPORT REFORMS OF CONTINGENCY AND TAX

STABILIZATION RESERVE FUNDS TO PROVIDE MORE FLEXIBILITY IN THE

FUND'S USE, AND TO UPDATE WITHDRAWAL PROVISIONS TO CONFORM WITH

THE STATE'S TWO PERCENT PROPERTY TAX CAP

WHEREAS, Local government officials have had a long and productive history working

with state elected leaders in regard to establishing appropriate and fiscally prudent local fiscal

reserves; and

WHEREAS, These reserve funds provide important continuity of mandatory and local

quality of life services during emergencies; and

WHEREAS, The reserve funds also provide local taxpayers with a level of comfort that

sharp property tax increases can be avoided and stabilized with the prudent use of these reserve

funds; and

WHEREAS, General Municipal Law Section 6-e allows counties to establish a

"Contingency and Tax Stabilization Reserve Fund", to finance unanticipated revenue losses or

expenditures, under strict conditions and limitations, and to prevent property tax levy increases

of more than 2.5 percent; and

WHEREAS, Counties believe that more flexibility is warranted in the use of this reserve

fund, because the provisions of the Contingency and Tax Stabilization Reserve Fund have not

been updated recently to accommodate changing conditions and circumstances on the ground in

most counties, whether it is a change in state or federal statutory requirements, the greater

frequency of natural disasters caused by changes in the climate, or increasing threat of future

public health emergencies; and

WHEREAS, Due to the 2.5 percent threshold in the current wording of Section 6-e, a

county's use of this reserve fund to lessen a tax increase would force the county to waive the tax

cap and risk the loss of state aid in certain programs, thereby potentially worsening a financial

situation the fund was designed to help mitigate; and

WHEREAS, GML Section 6-e's subsection 4.b.2 and 4.c.2 require a county to spend

down all other eligible funds before utilizing the Contingency and Tax Stabilization Reserve

Fund, thereby depleting fund balance and accounts set up for other priority purposes; now

therefore

BE IT RESOLVED, That the Wyoming County Board of Supervisors calls upon the

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RESOLUTION NO. 21-

October 12, 2021

Page 2 Governor, state legislature and the State Comptroller to update statutory provisions related to

local Contingency and Tax Stabilization Reserve Funds; and be it

FURTHER RESOLVED, The threshold for expending funds out of the Contingency

and Tax Stabilization Reserve Fund to prevent a property tax increase above 2.5 percent over the

prior year should be reduced to two percent, or the inflation factor for the taxable year in

question, to conform with the State's two percent property tax cap; and be it

FURTHER RESOLVED, That the limitations of GML Section 6-e's subsection 4.b.2

and 4.c.2 be removed, and if funds are withdrawn from the Contingency and Tax Stabilization

Reserve Fund in response to a public health emergency or natural disaster to secure public health

and safety, it should be made acceptable to replace the withdrawn funds with subsequent state or

federal emergency response funds upon receipt to ensure adequate funds remain in place for

future emergencies; and be it






of 110

Local Law

#76

RESOLUTION NO. 21-

(October 12, 2021)


LOCAL LAW NO. 2 (INTRODUCTORY B, YEAR 2021) ~ YEAR 2021,

“A Local Law Providing Salaries for Certain County Officers for the year 2022”

ADOPTED

WHEREAS, There was duly presented and introduced at a meeting of this Board, held

on the 21st day of September 2021, a proposed local law of the County, designated as Local Law

Introductory No. B, for the year 2021, entitled, “A Local Law Providing Salaries for Certain

County Officers for the year 2022”; and

WHEREAS, In accordance with the provisions of Resolution Number 21-404 there was

a public hearing held by this Board of Supervisors on this 12th

day of October, 2021, at 2:30 PM,

after due notices of said hearing having been posted and published according to the law and said

resolution; and

WHEREAS, After holding said public hearing, and the said local law having laid on the

desks of the members of this Board of Supervisors at least seven (7) days prior to the final

adoption, a majority of this Committee agreed to recommend the enactment and passage of the

above-mentioned local law, designated as hereinabove set forth; now therefore

BE IT ENACTED, That Local Law 2, Year 2021, County of Wyoming, New York, as

presented to this Board on the 21st day of September 2021, is hereby adopted, in its original

form, as follows:

LOCAL LAW NO. 2 ~ YEAR 2021

“A Local Law Providing Salaries for Certain County Officers for the year 2022”

BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE

COUNTY OF WYOMING AS FOLLOWS:

Section 1. Effective as hereafter provided, the annual salary for the Commissioner of

Social Services shall be increased by $3,975.00 for a new annual salary of

$76,115.00.

Section 2. Effective as hereafter provided, the annual salary for the County

Treasurer shall be increased by $5,769.00 for a new annual salary of

$80,000.00.

Section 3. All salaries set forth in Section 1 above shall be effective as of January

01, 2022.

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Section 4. This Local Law shall take effect forty-five (45) days from the date of

adoption by the Board of Supervisors unless a petition is filed in

accordance with Municipal Home Rule Law Section 24.

Section 5. This Local Law is subject to permissive referendum.

DATED at Warsaw, New York

September 21, 2021 (Introduced)

October 12, 2021 (Adopted)

Cheryl J. Ketchum, CMC

Clerk to the Board


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