On the agenda: Chautauqua County PLEG102826.pdf — Data Center (Oct 28)

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

RES. NO. 239-26
Appointment of Charles Nazzaro as Legislator from Legislative District 9, City
of Jamestown Ward 3, District 3; Ward 5, District 2; Ward 5, District 3;
Ward 6, District 1; and Ward 6, District 4
At the Request of Chairman Pierre E. Chagnon:
WHEREAS, there exists a vacancy in the Chautauqua County Legislature due to the
resignation of Vincent DeJoy, District 9; and
WHEREAS, members of the Chautauqua County Democratic Committee representing
Legislative District 9 (City of Jamestown Ward 3, District 3; Ward 5, District 2; Ward 5, District
3; Ward 6, District 1; and Ward 6, District 4) have nominated Charles Nazzaro, 236 Springdale
Ave., Jamestown, NY 14701, to fill the vacancy through the end of the current term; now
therefore be it
RESOLVED, that in accordance with Section 2.03 of the Chautauqua County Charter,
Charles Nazzaro is hereby appointed Legislator from District 9, comprised of the City of
Jamestown Ward 3, District 3; Ward 5, District 2; Ward 5, District 3; Ward 6, District 1; and
Ward 6, District 4
Signed: Nelson
___________________________________
RES. NO. 240-26
Authorize Lease Agreement at the Chautauqua County-Jamestown Airport (JHW) for
Parking Lot Space with Federal Express Corporation, A Delaware Corporation
By Public Facilities and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, the County owns and operates the Chautauqua County Jamestown Airport in
the Town of Ellicott in a manner that provides services and facilities on a non-exclusive basis for
the general use of the public and to enhance current and future economic development in the
County; and
WHEREAS, the County has received a request to lease parking lot space at the
Jamestown Airport in the large parking lot in front of the main terminal building for the purpose
of employee parking; and
WHEREAS, pursuant to Local Law 6-2000 a public hearing is not required for airport
leases that have a term of less than one (1) year; and
WHEREAS, the 2026 Budget does not currently accounts for parking lot lease payments
of an estimated $500 monthly so an amendment is necessary to realize the full lease revenue
amount; and
WHEREAS, this revenue will also be included in the 2027 Tentative Budget; now,
therefore, be it
RESOLVED, that the A Fund Balance be appropriated as follows:
DECREASE THE USE OF FUND BALANCE:
A.----.----.917.0000 Unassigned Fund Balance – Unassigned Fund Balance

$600
$1,600

; and be it further
RESOLVED, that the Director of Finance is hereby authorized and directed to make the
following changes to the 2026 Adopted Budget:
Page 1 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

INCREASE REVENUE ACCOUNT:
A.5610.5610.R177.0000
Departmental Income- Fees & Rental: Airport

$600
$1,600

; and be it further
RESOLVED, that the County Executive is authorized and empowered to execute an
agreement to lease parking lot space with Federal Express Corporation, A Delaware Company in
front of the Jamestown Airport main terminal building in conformance with FAA regulations and
to include substantially the following terms and conditions:
1. Term.

Six months commencing on November 1, 2026, and terminating on
April 30, 2027.
2. Premises. Sixty (60) parking spaces in large parking lot in front of Terminal
Building.
3. Payment. Tenant shall pay County a monthly fixed rental fee of Eight
Hundred and No/100 Dollars ($800.00).
4. Other.
As negotiated by the County Executive.
(10/22/26 A.C. – Amended by Substitution)
Signed: Heiser, Johnson, Nelson, Whitney, Anthony, Scudder
___________________________________
RES. NO. 241-26
Authorize Execution of Lease Agreement with the City of Jamestown for Office
Space for the Chautauqua County Public Defender’s Office
By Public Facilities, Public Safety, and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, the County of Chautauqua currently leases approximately 4147.5 square feet
of office space from the City of Jamestown, located on the 3rd Floor of the Jamestown Municipal
Building, 200 East Third Street, Jamestown, NY 14701 (“Premises”) for the Chautauqua County
Public Defender’s Office; and
WHEREAS, the current lease, having a term from February 1, 2022, to December 31, 2026,
is scheduled to terminate on December 31, 2026; and
WHEREAS, the County of Chautauqua and the City of Jamestown are intent on executing
a new five (5) year lease for the same Premises commencing on January 1, 2027 and terminating
on December 31, 2031; and
WHEREAS, the 2027 Proposed Budget does include appropriations for rent and other
occupancy costs associated with the Premises so an amendment will not be needed at this time;
now, therefore, be it
RESOLVED, that the County Executive is hereby authorized and empowered to execute a
lease agreement with the City of Jamestown upon the following terms and conditions:
1. Premises: Approximately 4147.5 square feet of office space on the 3rd Floor, of the
Jamestown Municipal Building, 200 East Third Street, Jamestown, NY 14701.
2. Term:
The term of the lease shall commence on or about January 1, 2027 and
terminate on or about December 31, 2031.
3. Rent:
The rent shall be as follows:
a.
b.

January 1, 2027 to December 31, 2027 - $5,616.09 per month
January 1, 2028 to December 31, 2028 - $5,868.81 per month
Page 2 of 22

c.
d.
e.

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

January 1, 2029 to December 31, 2029 - $6,132.91 per month
January 1, 2030 to December 31, 2030 - $6,408.89 per month
January 1, 2031 to December 31, 2031 - $6,691.29 per month

4. Utilities: Landlord shall be responsible for all utilities, including heat and electric.
County shall be responsible for the cost of phones, cable and internet services, and
cleaning and pest control services.
5. Other:
As negotiated by the County Executive
Signed: Heiser, Scudder, Nelson, Bankoski, Gustafson, Johnson, Whitney, Anthony, Merritt,
Larson, Proctor
___________________________________
RES. NO. 242-26
Authorize Lease Renewal with Verizon Wireless
Services, LLC for Tower space
By Public Safety and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, Verizon Wireless Services, LLC desires to enter into an agreement with the
County of Chautauqua to utilize tower space to install, access, and maintain various
communications equipment and antenna at the County owned tower located on 9750 Harrington
Hill Road, Clymer, New York 14724 in the Town of Mina; and
WHEREAS, there is sufficient space at the County owned tower to accommodate the
communication equipment of Verizon Wireless, and such property is not needed for a public
purpose, and such rental will enhance the County’s emergency telephone communications; now
therefore be it
RESOLVED, that the County Executive is hereby authorized and empowered to execute
a lease agreement with Verizon Wireless granting the right to install, access, and maintain
various communications equipment and antenna at a County owned tower on substantially the
following terms and conditions:
1. Premises: County Property located on 9750 Harrington Hill Road, Clymer, New York
14724 in the Town of Mina and designated on County Tax Parcel Map as Section 11,
Block1, Lot 15.2
2. Term. 04/01/2030-03/31/2035 which can be extended for four (4) five-year renewals.
3. Rent. $1,400 monthly with an annual 3% increase over the monthly rent for the
immediately preceding year starting 4/1/2031.
4. Other. As negotiated by the County Executive and the Sheriff.
Signed: Bankoski, Merritt, Larson, Gustafson, Proctor, Johnson, Anthony, Nelson, Scudder
___________________________________

Page 3 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

RES. NO. 243-26
Authorize Federal and State Aid Applications for the Chautauqua County Dunkirk
Airport Five-Year Capital Improvement Plan (ACIP) for FY 2027-2031
By Public Facilities and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel Jr.:
WHEREAS, Chautauqua County Dunkirk Airport is designated a national air
transportation facility within the U.S. National Plan for Integrated Airport Systems (NPIAS); and
WHEREAS, inclusion in the NPIAS makes the Chautauqua County Dunkirk Airport
eligible for Federal grant funding under the Airport Capital Improvement Program (ACIP), a
grant-in-aid program, to assist local airport sponsors to maintain aviation facilities in exchange
for certain grant assurances and obligations; and
WHEREAS, these Federal grants, when combined with New York State Department of
Transportation (NYSDOT) matching funds, provide ninety-five percent (95%) of the capital
expense necessary to maintain the Chautauqua County Dunkirk Airport; and
WHEREAS, the NYSDOT also offers grant funding opportunities separate from Federal
grant programs, which may be suitable for some projects; and will provide up to ninety percent
(90%) of the capital expense necessary for accepted projects; and
WHEREAS, the County of Chautauqua has an established program to annually review
and update the federal five-year ACIP to identify essential requirements for maintenance of
airport runways, taxiways, and other facilities as outlined in the Airport Master Plan; and
WHEREAS, the Capital Budget of Chautauqua County included appropriations to supply
the local share of such grants in the past, and may do so in the future; and
WHEREAS, the Airport Commission has reviewed and approved these projects; now,
therefore, be it
RESOLVED, that the County Executive be, and hereby is, authorized to apply for
Federal and State aid for the following projects at the Chautauqua County Dunkirk Airport that
are included in the current five-year ACIP plan:
FY 2027
FY 2027
FY 2027
FY 2027
FY 2027
FY 2027

Obstruction Removal – Runway 6-24 (DESIGN)
Obstruction Removal – Runway 15-33 (Design)
Rehabilitate Runway 6-24 Pavement and HIRL (Design)
Rehabilitate Taxiway A West - Pavement and MITL (Construction)
Acquire Easements for Approaches (Runway 6, 33, and 15)
Rehabilitate Transient Apron Pavement and Lighting (Design)

FY 2028
FY 2028
FY 2028
FY 2028
FY 2028
FY 2028

Obstruction Removal – Runway 6-24, 33, 15 (Construction)
Rehabilitate Runway 15-33 – Pavement, MITL, and PAPI (Construction)
Rehabilitate Taxiway B North – Pavement and MITL (Construction)
Acquire Snow Removal Equipment (SRE) (Loader)
Construct T-Hangar Taxi-lane (Design)
T-Hangar (Design & Construction) (Contingent on NYS Grant Award)

FY 2029

Rehabilitate Runway 6-24 Pavement, HIRL, Airfield Guidance Signage
(Construction)
Obstruction Removal – Runway 33 (Construction)
Rotation Beacon (Design & Construction)
Rehabilitate Transient Apron Pavement and Lighting (Construction)
Rehabilitate T-Hangar Apron (Design)

FY 2029
FY 2029
FY 2029
FY 2029

Page 4 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

FY 2029
FY 2029
FY 2029

Construct T-Hangar Taxi-lane (Construction)
Airfield Guidance Signage (Design)
Terminal Building Upgrades: (Contingent on NYS Grant Award)

FY 2030
FY 2030

Acquire Snow Removal Equipment (Plow Truck/Broom)
Reconstruct Perimeter Fence (Design)

FY 2031
Update Airport Master Plan
FY 2031
Airfield Guidance Signs (Construction)
(10/22/26 A.C. – Carried with Legislator Scudder voting “No”)
Signed: Heiser, Johnson, Anthony, Nelson, Whitney
___________________________________
RES. NO. 244-26
Authorize Federal and State Aid Applications for the Chautauqua County Jamestown
Airport Five-Year Capital Improvement Plan (ACIP) for FY 2027-2031
By Public Facilities and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel Jr.:
WHEREAS, Chautauqua County Jamestown Airport is designated a national air
transportation facility within the U.S. National Plan for Integrated Airport Systems (NPIAS); and
WHEREAS, inclusion in the NPIAS makes the Chautauqua County Jamestown Airport
eligible for Federal grant funding under the Airport Capital Improvement Program (ACIP), a
grant-in-aid program, to assist local airport sponsors to maintain aviation facilities in exchange
for certain grant assurances and obligations; and
WHEREAS, these Federal grants, when combined with New York State Department of
Transportation (“NYSDOT”) matching funds, provide ninety-five percent (95%) of the capital
expense necessary to maintain the Chautauqua County Jamestown Airport; and
WHEREAS, the NYSDOT also offers grant funding opportunities separate from Federal
grant programs, which may be suitable for some projects; and will provide up to ninety percent
(90%) of the capital expense necessary for accepted projects; and
WHEREAS, the County of Chautauqua has an established program to annually review
and update the federal five-year ACIP to identify essential requirements for maintenance of
airport runways, taxiways, and other facilities as outlined in the Airport Master Plan; and
WHEREAS, the Capital Budget of Chautauqua County included appropriations to supply
the local share of such grants in the past, and may do so in the future; and
WHEREAS, the Airport Commission has reviewed and approved these projects; now,
therefore, be it
RESOLVED, that the County Executive be, and hereby is, authorized to apply for
Federal and State aid for the following projects at the Chautauqua County Jamestown Airport
that are included in the current five-year ACIP plan:
FY 2027
FY 2027

Terminal Apron Reconstruction (Pavement and Lighting) (Construction)
Acquire Snow Removal Equipment (SRE) Plow Truck/ Broom Combo

FY 2028
FY 2028
FY 2028
FY 2028

On & Off Airport Obstruction Removal (Construction)
Rehabilitate Taxiway D (Signage, Pavement, Lighting) (Design)
Transient Apron Reconstruction (Pavement and Lighting) (Design)
Obstruction Removal/ Easement Purchase
Page 5 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26
FY 2029

Reconstruct Beacon and Supplemental Wind Cones (Design)

FY 2030
FY 2030

Rehabilitate Taxiway D (Signage, Pavement, and Lighting) (Construction)
Transient Apron Reconstruction (Pavement and Lighting)
(Construction)

FY 2031

Reconstruct Taxiway F (Realign Taxiway – Signage, Pavement,
Lighting) (Design)
FY 2031
Reconstruct Beacon and Supplemental Wind Cones (Construction)
(10/22/26 A.C. – Carried with Legislator Scudder voting “No”)
Signed: Heiser, Nelson, Whitney, Anthony, Johnson
___________________________________
RES. NO. 245-26
Accept and Authorize Execution of Contract For County Infrastructure
Grant Program Funds for the Center Chautauqua Lake Sewer
District Phase III Extension Project
By Public Facilities, Planning and Economic Development and Audit & Control
Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, the Chautauqua County Housing Market Assessment and Development
Strategy (the Plan) was completed in February, 2024; and
WHEREAS, the Plan prioritized top action items that would help establish a healthy and
well-functioning housing market as critical to the vibrancy of communities, well-being of
residents, and future economic development in Chautauqua County; and
WHEREAS, a top action item within the Plan includes supporting the development of an
array of housing choices and implementing pre-development activities, such as infrastructure
improvements and expansions, to further support new housing growth; and
WHEREAS, in 2026, the Chautauqua County Department of Planning and Development
applied for and was awarded an Empire State Development (ESD) County Infrastructure Grant
(project# 140,496) in the amount of $1,000,000 to assist with the Phase III Center Chautauqua
Lake Sewer District Extension Project (the Project); and
WHEREAS, the Project will include the construction of a comprehensive municipal
sanitary sewer system along the northeast shore of Chautauqua Lake by extending public sewer
lines from Point Chautauqua to Midway State Park; and
WHEREAS, the Project will build in the necessary mainline utility capacity to support
174 units of new housing within the planned Sunset View Development and establishes
immediate, localized sewer access for 66 vacant, buildable parcels; and
WHEREAS, upon completion of the Project to the satisfaction of the County and Empire
State Development, with the ESD Board having approved the Project, the Center Chautauqua Lake
Sewer District will receive $1,000,000 in grant funds to support the Project; now, therefore, be it
RESOLVED, that the Phase III Capital Project budget be amended as follows:
INCREASE REVENUE ACCOUNT:
ESS.8130.27008.R399.0000 New York State Aid – Sewer Capital Projects $1,000,0000
; and be it also

Page 6 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

RESOLVED, that the Chautauqua County Legislature hereby approves the acceptance of
the $1,000,000 County Infrastructure grant from ESD, and the County Executive is authorized
and empowered to execute all agreements and documents necessary to accept and disburse said
funding.
(10/19/26 P.F. – Carried with Legislator Whitney voting “No”)
Signed: Heiser, Harmon, Nelson, Anthony, Merritt, Johnson, Penhollow
___________________________________
RES. NO. 246-26
Authorize Sections 89-t and 603(p) Retirement Plans for
Peace Officers in the Probation Department
By Administrative Services, Public Safety, and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, Chautauqua County and CSEA Unit 6300 Employee Union have formally
agreed to provide a 25-year retirement plan for Peace Officers within the Chautauqua County
Probation Department; and
WHEREAS, the New York State and Local Retirement System (NYSLRS) requires
Chautauqua County to adopt a resolution electing to assume the costs of providing such
retirement plan; now therefore be it
RESOLVED, that the Legislature of the County of Chautauqua hereby elects to assume
the entire additional cost required to provide the benefits of the 25-year retirement plan pursuant
to Sections 89-t and 603(p) of the New York State Retirement and Social Security Law for Peace
Officers employed in the Chautauqua County Probation Department; and be it further
RESOLVED, that the Clerk of the Legislature is hereby instructed to file a certified copy
of this resolution with the New York State Comptroller’s Office as required by New York
Retirement and Social Security Law Section 89-t(j)(2).
(10/19/26 AS – Amended by Substitution)
Signed: Scudder, Bankoski, Anthony, Buchanan, Vanstrom, Heiser, Merritt, Larson, Gustafson,
Proctor, Johnson, Nelson
___________________________________
RES. NO. 247-26
Amend 2026 Budget for Sections 89-t and 603(p) Retirement
Plans for Peace Officers in the Probation Department
By Public Safety and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, Chautauqua County and CSEA Unit 6300 Employee Union have formally
agreed to provide a 25-year retirement plan for Peace Officers within the Chautauqua County
Probation Department; and
WHEREAS, revenue and expenditures associated with Section 89-T and 603 (p)
Retirement Plans were not included in the 2026 Adopted Budget; and
WHEREAS, the Probation Department has received grant funding from the New York
State division of Criminal Justice that can be utilized to fund this revision; now, therefore, be it
RESOLVED, that the Director of Finance is hereby directed to make the following
changes to the 2026 Adopted Budget:

Page 7 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

INCREASE APPOPRIATION ACCOUNT:
A.3140.----.8
Employee Benefits-Probation

$269,000

INCREASE REVENUE ACCOUNT:
A.3140.----.R331.0ATI
NYS AID-Probation ATI Pre-Trial
$269,000
Signed: Bankoski, Scudder, Gustafson, Anthony, Buchanan, Johnson, Vanstrom, Heiser, Merritt,
Larson, Proctor, Nelson
___________________________________
RES. NO. 248-26
Amend 2026 Budget for Portland-Pomfret-Dunkirk Sewer
District Generators for Pump Stations #’s 1-5
By Public Facilities and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, The Portland-Pomfret-Dunkirk Sewer District is making improvements to
the District; and
WHEREAS, the District wishes to replace the generators at Pump Station #’s 1-5
utilizing District fund balance; and
WHEREAS, the District has completed the purchasing requirement of receiving bids; and
WHEREAS, the District awarded the bid to the lowest bidder for an amount not to
exceed $105,930.00; and
WHEREAS, the District has sufficient Fund Balance to cover the cost of the new
generators; now, therefore, be it
RESOLVED, that the ESP Fund Balance is appropriated as follows:
INCREASE THE USE OF FUND BALANCE:
ESP.----.----.924.0000
Nets Assets - Unrestricted

$105,930

; and be it further
RESOLVED, that the Director of Finance is hereby authorized and directed to make the
following changes to the 2026 Adopted Budget:
INCREASE APPROPRIATION ACCOUNT:
ESP.8120.----.4
Contractual – PRTLND, PMFRT, DNK Sewer
Signed: Heiser, Nelson, Whitney, Anthony, Johnson, Scudder
___________________________________

$105,930

RES. NO. 249-26
Amend 2026 Budget for Liability Insurance Departments
By Administrative Services and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, pursuant to Resolution 295-25, the Chautauqua County Legislature
approved a settlement in the amount of $100,000 that was not included in the 2026 adopted
budget; and
WHEREAS, some Liability Insurance expenditures have exceeded initial budgetary
estimates; and
Page 8 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

WHEREAS, administrative review has identified an accounting misclassification within
the Liability Insurance Departments in the 2026 Adopted Budget; now, therefore, be it
RESOLVED, that the CS Fund Balance is appropriated as follows:
INCREASE THE USE OF FUND BALANCE
CS.----.----.863.0000 Fund Balance, Reserved Fund Balance-Insurance Reserve

$157,500

; and be it further
RESOLVED, that the Director of Finance is hereby authorized and directed to make the
following changes to the 2026 Adopted Budget
INCREASE APPROPRIATION ACCOUNTS:
CS.1989.----.4
Contractual - Oth General GOVT Supt
CS.1930.----.4
Contractual - Judgement & Claims
DECREASE APPROPRIATION ACCOUNT:
CS.1931.----.4
Contractual-Property Loss

Total

INCREASE REVENUE ACCOUNT:
CS.1930.----.R268.0000
Sale of Property/Compen-/Insurance Recov
DECREASE REVENUE ACCOUNT:
CS.1931.----.R268.0000
Sale of Property/Compen-/Insurance Recov
Signed: Scudder, Anthony, Buchanan, Vanstrom, Heiser, Johnson, Nelson
___________________________________

$57,500
$300,000
$357,500
$200,000
$200,000
$200,000

RES. NO. 250-26
Amend Chautauqua County Department of Mental Hygiene and
Social Services 2026 Budget for Increased Safety Net Costs
By Human Services and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, 2026 Expenditures for Safety Net costs are now projected to be in excess of
the budgeted amount; and
WHEREAS, Safety Net costs are funded at 28 percent by the State of New York and at 1
percent by the Federal Government; now, therefore, be it
RESOLVED, that the A Fund Balance is appropriated as follows:
INCREASE USE OF FUND BALANCE:
A.----.----.917.0000 Unassigned Fund Balance-Unassigned fund balance

$2,130,000

; and be it further
RESOLVED, that the Director of Finance is authorized and directed to make the
following changes to the 2026 Budget:
INCREASE APPROPRIATION ACCOUNT:
A.6140.----.4
Contractual - Safety Net
Page 9 of 22

$3,000,000

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

INCREASE REVENUE ACCOUNTS:
A.6140.----.R364.0000
New York State Aid-Safety Net
A.6140.----.R464.0000
Federal Aid-Safety Net

$ 840,000
$ 30,000
Total
$ 870,000
Signed: Proctor, Lewis, Harmon, Gustafson, Johnson, Anthony, Nelson, Scudder
___________________________________
RES. NO. 251-26
Amend Chautauqua County Department of Mental Hygiene and
Social Services 2026 Budget for Increased Services for Recipients Costs
By Human Services and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, 2026 expenditures and revenue for Services for Recipients costs related to
Non-TA Residential Domestic Violence are now projected to be in excess of the budgeted
amount; and
WHEREAS, Services for Recipients costs related to Non-TA Residential Domestic
Violence funding are received by Title XX; now, therefore, be it
RESOLVED, that the Director of Finance is authorized and directed to make the
following changes to the 2026 Budget:
INCREASE APPROPRIATION ACCOUNTS:
A.6070.----.4
Contractual - Services for Recipients

$120,000

INCREASE REVENUE ACCOUNTS:
A.6070.----.R467.0000
Federal Aid-Services for Recipients
$120,000
Signed: Proctor, Lewis, Harmon, Gustafson, Johnson, Anthony, Nelson, Scudder
___________________________________
RES. NO. 252-26
Accept Donation of Boat Lifts for the Navigation
Division for the Office of the Sheriff
By Public Safety and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, the Chautauqua County Sheriff’s Navigation division is responsible for
maintaining several boats that are utilized for waterway patrols; and
WHEREAS, Jenn’s Lake Service wishes to donate a boat lift with an estimated monetary
value of $12,000 to the Navigation Division for the Office of the Sheriff; and
WHEREAS, Snug Harbor Marina wishes to donate a boat lift with an estimated monetary
value of $10,000 to the Navigation Division for the Office of the Sheriff; and
WHEREAS, there is no budget amendment needed for the acceptance of property; now
therefore be it
RESOLVED, the Chautauqua County Executive is authorized to accept the boat lift
donations from the above entities.
Signed: Bankoski, Merritt, Larson, Gustafson, Proctor, Johnson, Anthony, Nelson, Scudder
___________________________________

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CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

RES. NO. 253-26
Requesting Law Enforcement Education Program on E-bikes
and E-scooters in Chautauqua County High Schools
By Public Safety Committee:
At the Request of Legislator Fred Larson:
WHEREAS, the explosion in the use of e-bikes and e-scooters has created a “Wild West”
of motorized mayhem on the streets of the County putting users of e-bikes and e-scooters at risk
of death or serious injury, and
WHEREAS, there are laws and rules regulating the use of e-bikes and e-scooters on
public roads and streets, and
WHEREAS, it is obvious many young people and adults are either unaware of those laws
and rules or choose to ignore them, and
WHEREAS, among the Sheriff’s Office, local Police Departments and the State Police,
including School Resource Officers (SROs) there are a sufficient number of law enforcement
personnel to go into each of the 17 County School Districts that contain a High School, with an
educational program on the laws and rules surrounding the operation of e-bikes and e-scooters,
and
WHEREAS, each School District should make approximately one hour of time available
in the Spring of 2027 for law enforcement personnel to educate their students on the laws and
rules of using e-bikes and e-scooters, thereby protecting their students and the public, now
therefore be it
RESOLVED, that the Chautauqua County Legislature requests the Chautauqua County
Sheriff to coordinate with local police departments and the State Police, including SROs, an
educational program to be delivered to every Chautauqua County Middle School and High
School by the Spring of 2027 to combat the illegal and out-of-control use of e-bikes and escooters and to promote public safety.
Signed: Bankoski, Merritt, Larson, Gustafson, Proctor
___________________________________
RES. NO. 254-26
Authorize Acceptance of New York State Office of Mental Health
Grant Funds and Amend the 2026 Budget for the Chautauqua
County Department of Mental Hygiene Mobile Crisis Team
By Human Services and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, the New York Office of Mental Health (OMH) has awarded grant funding
to the Chautauqua County Department of Mental Hygiene (CCDMH) to support the
Department’s Mobile Crisis Team; and
WHEREAS, the funding consists of three separate grants, including 2024 Bipartisan
Safer Communities Act funds for the expenditure period of July 1, 2026 through September 30,
2026; 2025 Bipartisan Safer Communities Act funds for the expenditure period of July 1, 2026
through September 30, 2027; and of 2026 Community Mental Health Services Block Grant funds
for the expenditure period of July 1, 2026 through September 30, 2027; and
WHEREAS, the grant funding will be used to support allowable expenses associated with
the Department’s Mobile Crisis Team and the provision of community-based crisis services, in
accordance with the terms and conditions established by OMH and the applicable federal
funding requirements; and
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CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

and

WHEREAS, the grant funds are one-time awards and do not constitute ongoing funding;

WHEREAS, an amendment to the 2026 budget will be submitted to reflect the 2024
Bipartisan Safer Communities Act funds in the amount of $3,215.00; and
WHEREAS, the 2025 Bipartisan Safer Communities Act in the amount of $3,215 and the
2026 Community Mental Health Services Block Grant in the amount of $3,570.00 are included
in the 2027 budget as applicable and does not require further amendment; now therefore be it
RESOLVED, that the Chautauqua County Legislature hereby authorizes the acceptance
of the following OMH grant funds for CCDMH:
• 2024 Bipartisan Safer Communities Act: $3,215.00
• 2025 Bipartisan Safer Communities Act: $3,215.00
• 2026 Community Mental Health Services Block Grant: $3,570.00
for a total award of $10,000.00; and be it further; and be it further
RESOLVED, that the County Executive is hereby authorized to execute agreements with
the State of New York and amendments thereto as may be necessary to accept and administer
these grant funds, and is further authorized to enter into agreements with service providers,
organizations, municipal corporations, school districts, or otherwise, to fulfill the purposes of
said grants; and be it further
RESOLVED, that the Director of Finance is authorized and directed to make the
following changes to the 2026 Budget:
INCREASE REVENUE ACCOUNT:
A.4320.----.R449.0001
Mental Hygiene – SAMHSA
INCREASE APPROPRIATION ACCOUNT:
A.4320.----.4
Contractual — Mental Hygiene Programs
Signed: Proctor, Scudder, Gustafson, Lewis, Harmon, Johnson
___________________________________

$3,215
$3,215

RES. NO. 255-26
Authorize Acceptance of New York State Office of Mental Health Grant Funds and
Amend the 2026 Budget for the Chautauqua County Department of Mental Hygiene
Assisted Outpatient Treatment (AOT) Enhanced Coordination
By Human Services and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, the New York Office of Mental Health (OMH) has awarded grant funding
to the Chautauqua County Department of Mental Hygiene (CCDMH) to support Assisted
Outpatient Treatment (AOT) Enhanced Coordination services; and
WHEREAS, the funding consists of $379,923 for the 2026 expenditure period and
$215,410 for 2027 expenditure period to support the coordination and administration of Assisted
Outpatient Treatment services; and
WHEREAS, the grant funding will be used to support allowable expenses associated with
AOT Enhanced Coordination and the provision of services in accordance with the terms and
conditions established by OMH and applicable funding requirements; and
WHEREAS, the state aid funding for such services is provided to CCDMH on an annual
basis and will be ongoing until OMH funds are depleted or unavailable; and
WHEREAS, an amendment is needed for the 2026 budget in the amount of $379,923;
and
Page 12 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

WHEREAS, the 2027 AOT Enhanced Coordination funding is included in the 2027
Tentative Budget and does not require further amendment; now, therefore, be it
RESOLVED, that the Chautauqua County Legislature hereby authorizes the acceptance
of the following OMH grant funds for CCDMH:
• 2026 AOT Enhanced Coordination: $379,923
• 2027 AOT Enhanced Coordination: $215,410
for a total award of $595,333.00; and be it further
RESOLVED, that the County Executive is hereby authorized to execute agreements with
the State of New York and amendments thereto as may be necessary to accept and administer
this grant for as long as this funding is made available by OMH; and is further authorized to
enter into agreements with service providers, organizations, municipal corporations, school
districts, or otherwise, to fulfill the purposes of said grant; and be it further
RESOLVED, that the Director of Finance is authorized and directed to make the
following changes to the 2026 Budget:
INCREASE REVENUE ACCOUNT:
A.4320.----.R349.0000
State Aid – Mental Health
INCREASE APPROPRIATION ACCOUNT:
A.4320.----.4
Contractual – Mental Hygiene Programs
Signed: Proctor, Scudder, Johnson, Gustafson, Lewis, Harmon
___________________________________

$379,923
$379,923

RES. NO. 256-26
Authorize Acceptance of New York State Office of Mental Health Grant Funds
And Amend the 2026 Budget for the Chautauqua County Department of
Mental Hygiene Children’s Single Point of Access Program
By Human Services and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, the New York Office of Mental Health (OMH) has awarded grant funding
to the Chautauqua County Department of Mental Hygiene (CCDMH) to the County’s Children’s
Single Point of Access (CSPOA) Program; and
WHEREAS, the funding consists of 2026 start-up funds in the amount $96,624.00,
prorated beginning April 1,2026, and anticipated 2027 funding in the amount of 128,832.00 to
support the CSPOA Program; and
WHEREAS, the grant funding will be used to support allowable expenses associated with
the implementation and operation of the CSPOA Program and the coordination of services for
children and youth, in accordance with the terms and conditions established by OMH and
applicable funding requirements; and
WHEREAS, the state aid funding for such services is provided to CCDMH on an annual
basis and will be ongoing until OMH funds are depleted or unavailable; and
WHEREAS, the 2026 funding requires an amendment to the 2026 Budget to reflect the
prorated start-up funding in the amount of $96,624.00; and
WHEREAS, anticipated 2027 funding in the amount of $128,832.00 is included in the
2027 Tentative Budget; now therefore be it
RESOLVED, that the Chautauqua County Legislature hereby authorizes the acceptance
of the following OMH Children’s Single Point of Access (CSPOA) Program funding for
CCDMH:
Page 13 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

• 2026 CSPOA Start-up and Funds: $96,624.00
• 2027 CSPOA Funding: $128,832.00
for a total award of $225,456.00; and be it further
RESOLVED, that the County Executive is hereby authorized to execute agreements with
the State of New York and amendments thereto as may be necessary to accept and administer
this grant for as long as this funding is made available by OMH; and is further authorized to
enter into agreements with service providers, organizations, municipal corporations, school
districts, or otherwise, to fulfill the purposes of said grant; and be it further
RESOLVED, that the Director of Finance is authorized and directed to make the
following changes to the 2026 Budget:
INCREASE REVENUE ACCOUNT:
A.4320.----.R349.0000
State Aid – Mental Health

$96,624

INCREASE APPROPRIATION ACCOUNT:
A.4320.----.4
Contractual – Mental Hygiene Programs
$96,624
Signed: Proctor, Lewis, Scudder, Johnson, Gustafson, Harmon, Anthony
___________________________________
RES. NO. 257-26
Authorizing Application Submittal for 2026 Community Development
Block Grant Microenterprise Assistance Program
By Planning & Economic Development and Audit & Control Committees:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, the New York State Community Development Block Grant Program
provides funding to communities under their Economic Development Program to undertake
activities that focus on community development needs such as creating or expanding job
opportunities; and
WHEREAS, Chautauqua County (“the County”) desires to partner with Chautauqua
Opportunities for Development, Inc. (“CODI”) as a subrecipient to apply to the New York State
Office of Community Renewal (“OCR”) for a $250,000 grant for eligible microenterprise
activities which will provide grants to eligible microenterprise businesses, both startups and
existing, for working capital, furniture, fixtures and equipment, and other eligible expenses; and
WHEREAS, if awarded, the County will not be responsible for any local matching share
requirements; and
WHEREAS, the County held a public hearing on September 23, 2026 to obtain citizens’
views regarding the CDBG program as administered by OCR and regarding the proposed
microenterprise program; and
WHEREAS, a second Public Hearing regarding the CDBG application and program
within Chautauqua County will be held October 28, 2026 at 6:35 PM in the Legislative
Chambers, Gerace Office Building, Mayville, NY; now, therefore, be it
RESOLVED, that the County is hereby authorized to submit a grant application in the
amount of $250,000, with such amount to be used to provide business grants and fund the costs
of grant administration and program activities; and be it further
RESOLVED, that the County Executive is hereby designated as the Environmental
Certifying Officer for the purposes of complying with the applicable federal environmental
review requirements for the OCR grant; and be it further
Page 14 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

RESOLVED, that if awarded, the County Executive is hereby authorized to execute the
OCR grant agreement and all related documents associated with the OCR grant, including
agreements with CODI relating to the use and administration of the grant funds.
Signed: Harmon, Merritt, Johnson, Penhollow, Anthony, Scudder
___________________________________
RES. NO. 258-26
Authorizing Public Hearing Regarding 8-Year Review
of Chautauqua County Agricultural District 10
By Planning & Economic Development Committee:
At the Request of County Executive Paul M. Wendel, Jr.:
WHEREAS, Chautauqua County Legislature is responsible for Chautauqua County
Agricultural District 10 encompassing the Towns of Arkwright, Charlotte, Cherry Creek,
Ellington, Gerry, and Villenova; and
WHEREAS, Article 25AA section 303-a of the New York State Agriculture and Markets
Law authorizes the continuance and modification of agricultural districts within the County of
Chautauqua, in accordance with the procedures set forth therein; and
WHEREAS, the County received a notification from the New York State Department of
Agriculture and Markets to perform an eight-year review for Agricultural District 10; and
WHEREAS, in accordance with the New York State Agriculture and Markets Law
section 303-a, a comprehensive eight-year review of Chautauqua County Agricultural District 10
was conducted, and a Notice to Review to accept proposals for modifications to the district was
posted and distributed in accordance with the procedures set forth therein, for the period of
August 1, 2026 through August 30, 2026; and
WHEREAS, the Chautauqua County Agricultural and Farmland Protection Board
reviews the submitted modifications on October 9, 2026, and is finalizing its report and findings
of the proposed modifications; and
WHEREAS, in accordance with New York State Agriculture and Markets Law section
303-a, the County must hold a public hearing prior to accepting proposed modifications to an
agricultural district; now, therefore, be it
RESOLVED, that the Chautauqua County Legislature hold a public hearing for the
aforementioned purposes during the regular meeting of the Chautauqua County Legislature on
December 16, 2026 at 6:35pm in the Legislative Chambers, Gerace Office Building, Mayville,
New York, where all interested parties shall be heard regarding the proposed 8-year review
modifications to Chautauqua County Agricultural District 10; and be it further
RESOLVED, that at least eight (8) days’ notice of such hearing shall be given by the
Clerk of the Legislature by the due posting thereof in the Gerace Office Building and on the
County’s website, and by publishing such notices in an official newspaper of the County.
Signed: Harmon, Merritt, Johnson, Penhollow
___________________________________

Page 15 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26
RES. NO. 259-26
Quit Claim Deeds

By Administrative Services and Audit & Control Committees:
At the Request of County Executive Paul M Wendel Jr.:
WHEREAS, the Administrative Services Committee of the County Legislature has
received and hereby recommends acceptance, pursuant to Section 1166 of the Real Property Tax
Law, of the following offers for the County's Tax Liens as detailed in the attached table under
tax sale certificates noted on original papers on file in the office of the Director of Finance; and
WHEREAS, that unless otherwise noted, the County Tax Enforcement Officer has
confirmed that the offers received are in compliance with the County's policy regarding tax
foreclosure as set forth in Resolution No. 110-17; now, therefore, be it
RESOLVED, that the Executive and Chairman of this Legislature be hereby authorized
to execute Quitclaim Deeds conveying to the offers herein mentioned the interest of Chautauqua
County in said properties under said tax sale certificates; and be it further
RESOLVED, that the Director of Finance of Chautauqua County be hereby authorized to
cancel any outstanding taxes, fees, interest and other charges. In adopting this resolution, the
Legislature intends to adopt each transaction separately, in the usual form of Resolution, and the
failure of any particular transaction to be completed shall in no manner affect the validity of any
of the others.
Offer
Number
PA-23-2026
PA-31-2026
PA-48-2026

Municipality

S/B/L

Property
Location

Purchaser

City of
Dunkirk
City of
Dunkirk
City of
Dunkirk

79.18-120

501 Woodrow
Ave

Jodie Lynn
Cartone

79.19-1-5

501 Deer St

Gameel Omar

96.10-1-1

Willowbrook
Ave

Kevin Johnston

Realco Inc

Tyrone
Schaffer
Tasty
Alimentos
Zachary
Overacker
Zachary
Overacker

Akins
Maurice
846 E 2nd
St Inc
Butts
Raheem A
Kepler
Ronald Sr
TBT
Holdings
LLC
Empire City
Rentals
LLC
Empire City
Rentals
LLC
Empire City
Rentals
LLC
Empire City
Rentals
LLC

370.1910-50
370.20-65
387.06-512
387.12-267

PA-64-2026

Jamestown

92 Falconer St

PA-75-2026

Jamestown

PA-83-2026

Jamestown

PA-95-2026

Jamestown

PA-1192026

Jamestown

387.19-228

Prospect St

Zachary
Overacker

PA-1432026

Jamestown

388.05-152

Vega St

Zachary
Overacker

PA-1442026

Jamestown

388.05-153

Vega St

Zachary
Overacker

PA-1452026

Jamestown

388.05-154

Vega St

Zachary
Overacker

PA-1462026

Jamestown

388.05-155

Vega St

Zachary
Overacker

846 E 2nd St
W 10th St
Allen St

Page 16 of 22

Foreclosed
Owner
Persch
Nancy A
Rose
Rebecca

Offer
Amount

Taxes
Owing

$75,600.00

$13,998.64

$8,500.00

$15,430.86

$5,300.00

$13,305.93

$30,100.00

$8,389.49

$5,300.00

$4,950.00

$520.00

$453.01

$210.00

$327.17

$150.00

$972.12

$500.00

$413.53

$115.00

$216.53

$193.00

$256.09

$192.00

$256.09

PA-1582026
PA-1592026

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

Lakewood
Lakewood

386.05-452
386.05-453

Baxter St
Baxter St

Brian R
Thompson
Brian R
Thompson
Barrons Realty
Management
LLC
Barrons Realty
Management
LLC
Barrons Realty
Management
LLC

$3,150.00

$478.30

$3,150.00

$478.30

$28,392.00

$11,651.91

$39,208.00

$116,198.72

Snyder
Matthew A

$14,100.00

$8,940.07

Gooseneck
Farms Inc

Lutgen Dan
A

$18,000.00

$17,257.00

Darlene
Bolsover
Barrons Realty
Management
LLC
Barrons Realty
Management
LLC
Barrons Realty
Management
LLC
Barrons Realty
Management
LLC
Barrons Realty
Management
LLC
Barrons Realty
Management
LLC

Downey
Paul

$178,800.0
0

$12,132.20

Potkovick
Rosella M

$4,233.00

$2,322.11

Potkovick
Rosella M

$120,440.0
0

$62,527.51

Potkovick
Rosella M

$5,929.00

$3,188.18

Potkovick
Rosella M

$9,726.00

$5,138.17

Potkovick
Gustav J

$8,721.00

$4,617.88

Potkovick
Gustav J

$1,051.00

$697.88

$19,600.00

$2,944.19

$50,500.00

$9,150.39

PA-1652026

Busti

418.00-28

Wellman Rd

PA-1662026

Busti

418.00-29

1141 Wellman
Rd

PA-2002026

Cherry Creek

237.12-132

538 Southside
Ave

PA-2072026

Ellery

298.00-242

PA-2222026

French Creek

427.00-150.1

PA-2632026

Fredonia

130.02-21

Porter St

PA-2642026

Fredonia

130.02-225.1

160 Porter St

PA-2652026

Fredonia

130.02-226

Porter St

PA-2672026

Fredonia

130.02-25

Route 60

PA-2682026

Fredonia

130.02-26

Porter St

PA-2692026

Fredonia

130.02-28

Porter St

PA-3022026

Sheridan

81.00-147

11250 Strawser
Rd

Vernon
Pchelka

PA-3052026

Sheridan

98.00-331

10532 Newell
Rd

Vernon
Pchelka

5340 Maple
Springs-Ellery
Rd
10127 Route
474

Taylor
Raymond
Taylor
Raymond
A6
Properties
LLC
A6
Properties
LLC

Rafan
Ronald P
Sr.
Meka Eric
A

Signed: Scudder, Anthony, Buchanan, Vanstrom, Heiser, Johnson, Nelson
___________________________________

RES. NO. 260-26
Consider 2027 Tentative Budget, with the Changes Listed Below, and
Present Same to the County Executive for His Consideration and Action
By Audit & Control Committee:
At the Request of Audit & Control Committee:
WHEREAS, the Chautauqua County Legislature has received the County Executive's
2027 Tentative Budget and the Audit & Control Committee has reviewed the budget and has
recommended increasing the Tax Levy to the limit allowed under the tax cap, thereby reducing
the amount of Fund Balance utilized in the Tentative Budget; and
Page 17 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

WHEREAS, the Committee wishes to make changes to Exhibit E in addition to various
increase and decreases within the proposed operating budget; now, therefore, be it
RESOLVED, that the following capital projects be added to and amended within Exhibit
E of the 2027 Tentative Budget:
CARTS Bus Replacement – Total Project Cost $867,354 (Local Share: $86,735; State
Funding: $86,735; Federal Funding: $693,884)
EMS Fly Cars – increase by $61,574 for a total project cost of $177,438 (Local Share:
$61,574; Interest Earnings: $115,864)
; and be it further
RESOLVED, that the use of Fund Balance be appropriated as follows:
DECREASE THE USE OF FUND BALANCE:
Unassigned Fund Balance--Assigned Fund Balance
D.----.----.915.0000 Unappropriated
A.----.----.917.0000

$115,000

Unassigned Fund Balance--Unassigned Fund Balance
Total

$2,679,060
$2,794,060

; and be it further
RESOLVED, that the 2027 Tentative Budget, with the changes listed herein, be
presented to the County Executive for his consideration and action:
INCREASE APPROPRIATION ACCOUNTS:
A.4320.----.4
Contractual - Mental Hygiene Programs
A.9950.----.9
Interfund Transfers – Transfers to Capital
A.7110.----.4
Contractual - Parks
DECREASE APPROPRIATION ACCOUNTS:
D.5142.----.4
Contractual - Snow Removal: Co Roads
A.1450.----.4
Contractual - Board of Elections
A.1170.----.1
Personal Services - Public Defender
A.1170.----.8
Employee Benefits - Public Defender

Total

$6,785
$148,309
$3,200
$158,294

Total

$40,000
$10,500
$325,000
$175,500
$551,000

INCREASE REVENUE ACCOUNTS:
A.4320.----.R449.0001
Federal Aid-Mental Hygiene-SAMHSA
A.5610.5610.R177.0000
Departmental Income-Fees & Rental: Airport
A.1165.----.R308.9000
New York State Aid-Other State Aid
Departmental Income-Other Public Safety Income - Other
A.3989.EMS.R158.9108
Agencies
D.5142.----.R277.0007
Miscellaneous-Other Uncl: Salt & Sand
A.1310.9999.R100.1000
Real Property Taxes–Real Property Tax
A.4017.JAIL.R348.9000
New York State Aid-Other Health
Total
DECREASE REVENUE ACCOUNTS:
A.1310.9999.R115.0000 Non Property Tax Items-Off Track Betting
Page 18 of 22

$6,785
$3,200
$300,000
$127,500
$75,000
$1,849,202
$175,167
$2,536,854
$125,000

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26
A.1450.----.R308.9007

New York State Aid-Oth State Aid: Elections Grt

$10,500
$135,500

Total
; and be it further
RESOLVED, that the exhibits and schedules presented in the 2027 Tentative Budget be
modified as necessary to reflect the above amendments; and be it further
RESOLVED, that the 2027 Tentative Budget as amended above by the Legislature's
Audit & Control Committee reflects a Real Property Tax Levy of $76,810,369 and an estimated
Full Value Rate of $5.46.
(10/22/26 A.C. – Carried with Legislator Johnson voting “No”)
Signed: Scudder, Anthony
___________________________________
RES. NO. 261-26
A Resolution Adopting a Uniform Tax Exemption Policy Pursuant to General
Municipal Law § 874(4) Providing that the Chautauqua County Industrial
Development Agency Shall Not Consent to Real Property Tax
Exemptions, Mortgage Recording Tax Exemptions, or Sales and
Use Tax Exemptions for Data Center Projects

At the Request of Legislators Fred Larson, Marcus Buchanan, Robert Bankoski,
Thomas Nelson, Sandra Lewis, Robert Whitney:
WHEREAS, the Chautauqua County Industrial Development Agency (hereinafter
"Agency") is a public benefit corporation organized and existing pursuant to Article 18-A of the
New York General Municipal Law (hereinafter "GML"); and
WHEREAS, GML § 874(4) provides that a county legislature may, by resolution, adopt a
Uniform Tax Exemption Policy ("UTEP") that prescribes the terms and conditions under which
the Agency may provide financial assistance, including real property tax exemptions, mortgage
recording tax exemptions, and sales and use tax exemptions, in connection with projects
undertaken by the Agency; and
WHEREAS, the Chautauqua County Legislature (hereinafter "Legislature") is the
authorizing body with jurisdiction to establish policy parameters governing the exercise of the
Agency's power to grant tax exemption benefits within Chautauqua County; and
WHEREAS, the Legislature has reviewed and considered the nature and characteristics
of data center projects, including but not limited to facilities whose primary purpose is the
housing, storage, management, or processing of electronic data, including colocation data
centers, cloud computing facilities, hyperscale data centers, cryptocurrency mining operations,
and similar technology infrastructure facilities; and
WHEREAS, the Legislature finds that data center projects, while capital-intensive,
typically generate minimal permanent employment relative to the magnitude of public tax
benefits requested and relative to the level of capital investment made; and
WHEREAS, the Legislature further finds that data center projects often consume
significant public infrastructure resources, including substantial electrical power, water
resources, and utility capacity, which may impose burdens upon local infrastructure systems
without commensurate benefit to the local economy, local workforce, or local tax base; and
WHEREAS, the Legislature finds that the granting of tax exemptions to data center
projects diminishes revenues otherwise available to Chautauqua County, its municipalities, and
its school districts, which depend upon such tax revenues to fund essential public services,
including public education, emergency services, public health, and infrastructure maintenance;
and
Page 19 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

WHEREAS, the Legislature finds that data center projects do not sufficiently advance the
economic development purposes set forth in Article 18-A of the GML so as to justify the
granting of tax exemption benefits by the Agency; and
WHEREAS, the Legislature has determined that it is in the best interest of the residents,
taxing jurisdictions, and communities of Chautauqua County to expressly preclude the Agency
from consenting to or approving tax exemption benefits for data center projects; and
WHEREAS, the Legislature has provided public notice and opportunity for comment
consistent with applicable law prior to the adoption of this Uniform Tax Exemption Policy; and
WHEREAS, the Legislature desires to adopt a Uniform Tax Exemption Policy that
includes a prohibition on tax exemption benefits for data center projects, effective immediately
upon adoption; now, therefore, be it
RESOLVED by the Chautauqua County Legislature as follows:
ARTICLE I — TITLE AND AUTHORITY
Section 1.01 — Title. This Resolution shall be known and may be cited as the "Chautauqua
County Uniform Tax Exemption Policy" (hereinafter "UTEP" or "Policy").
Section 1.02 — Authority. This Policy is adopted pursuant to the authority granted to the
Chautauqua County Legislature under New York General Municipal Law § 874(4), which
authorizes the governing body of a county to adopt by resolution a uniform tax exemption policy
applicable to the Chautauqua County Industrial Development Agency.
Section 1.03 — Purpose. The purpose of this Policy is to establish uniform standards governing
the extent to which the Agency shall provide tax exemption benefits in connection with projects,
and specifically to prohibit the Agency from consenting to or granting any tax exemption
benefits in connection with data center projects as defined herein.
ARTICLE II — DEFINITIONS
Section 2.01 — Definitions. As used in this Policy, the following terms shall have the meanings
set forth below:
(a) "Agency" means the Chautauqua County Industrial Development Agency, a public benefit
corporation organized pursuant to Article 18-A of the New York General Municipal Law.
(b) "Applicant" means any person, entity, partnership, corporation, limited liability company,
association, or other legal entity that applies to the Agency for financial assistance in connection
with a project.
(c) "Data Center Project" means any project in which the primary or predominant use of the
facility, or any material portion thereof, involves one or more of the following:
(i) the housing, storage, processing, or management of electronic data, digital information, or
computing workloads on behalf of the project operator or third parties;
(ii) the operation of servers, networking equipment, storage systems, or associated infrastructure
in support of cloud computing services, internet services, colocation services, or managed
services;
(iii) the operation of facilities commonly described as data centers, colocation centers, cloud data
centers, hyperscale data centers, edge data centers, or enterprise data centers;
(iv) the operation of facilities engaged in cryptocurrency mining, blockchain processing, or
similar computationally intensive digital asset operations;
(v) any facility in which the density of computing, server, or electronic processing equipment
exceeds that typically associated with incidental or accessory office or business use; or
(vi) any facility that is primarily designed, constructed, or operated to support any of the
activities described in subsections (i) through (v) above.
Page 20 of 22

CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

(d) "Financial Assistance" means any form of assistance provided by the Agency including,
without limitation, real property tax exemptions, payments in lieu of taxes (PILOTs), mortgage
recording tax exemptions, and sales and use tax exemptions, as authorized under Article 18-A of
the GML.
(e) "Mortgage Recording Tax Exemption" means the exemption from the mortgage recording
tax authorized under GML § 874(1).
(f) "Real Property Tax Exemption" means the exemption from real property taxes authorized
under GML § 874(1), including any benefit provided through a payment in lieu of taxes (PILOT)
agreement that reduces the tax burden below that which would otherwise be owed.
(g) "Sales and Use Tax Exemption" means the exemption from state and local sales and use
taxes authorized under GML § 874(1).
(h) "Tax Exemption Benefits" means, collectively, any or all of the real property tax
exemption, mortgage recording tax exemption, and sales and use tax exemption benefits
available through the Agency.
(i) "Taxing Jurisdiction" means any county, city, town, village, school district, or special
district having the power to levy real property taxes or other taxes within Chautauqua County.
ARTICLE III — PROHIBITION ON TAX EXEMPTION BENEFITS FOR DATA
CENTER PROJECTS
Section 3.01 — General Prohibition. Notwithstanding any other provision of law or any prior
resolution, agreement, or practice of the Agency, the Agency shall not consent to, approve,
authorize, or grant any Tax Exemption Benefits, including but not limited to real property tax
exemptions, mortgage recording tax exemptions, or sales and use tax exemptions, in connection
with any Data Center Project.
Section 3.02 — Prohibition Applies to All Forms of Tax Benefit. The prohibition set forth in
Section 3.01 shall apply to:
(a) any new application for financial assistance submitted to the Agency on or after the effective
date of this Policy in connection with a Data Center Project;
(b) any expansion, modification, amendment, or renewal of existing financial assistance
arrangements that would extend, increase, or continue Tax Exemption Benefits to a project that
constitutes or has become a Data Center Project; and
(c) any application that, at the time of submission or at any point during Agency review, involves
or contemplates use as a Data Center Project, regardless of the characterization of the project by
the Applicant.
Section 3.03 — Agency Board Compliance. The Board of Directors of the Agency shall not
take any action, adopt any resolution, or enter into any agreement that is inconsistent with the
prohibition set forth in this Article III. Any resolution, agreement, or action of the Agency Board
that purports to grant Tax Exemption Benefits to a Data Center Project shall be null and void and
of no legal effect.
Section 3.04 — Consent of Taxing Jurisdictions. Consistent with GML § 874(4), this Policy is
adopted as the official position of the Chautauqua County Legislature, as the authorizing body of
the Agency, and shall constitute the withholding of consent by the County to the granting of any
Tax Exemption Benefits to Data Center Projects. The Agency is directed to communicate this
Policy to all affected Taxing Jurisdictions.
ARTICLE IV — DETERMINATION OF DATA CENTER STATUS
Section 4.01 — Agency Determination. In the event of any uncertainty as to whether a
proposed project constitutes a Data Center Project within the meaning of this Policy, the Agency
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CHAUTAUQUA COUNTY LEGISLATURE
10/28/26

shall make a determination based upon all relevant facts and circumstances, including but not
limited to:
(a) the nature and description of the proposed use of the facility as set forth in the application and
supporting materials;
(b) the power consumption, cooling requirements, and infrastructure specifications of the
proposed facility;
(c) the ratio of permanent full-time employees to capital investment proposed for the project;
(d) the nature of the primary revenue-generating activities to be conducted at the facility; and
(e) any other factor reasonably indicating that the primary or predominant use of the facility is
consistent with the definition of a Data Center Project under this Policy.
Section 4.02 — Burden on Applicant. The Applicant shall bear the burden of demonstrating to
the Agency's satisfaction that a proposed project does not constitute a Data Center Project within
the meaning of this Policy. A mere assertion by the Applicant that the project is not a data center
shall not be determinative.
Section 4.03 — Conservative Interpretation. In furtherance of the Legislature's intent to
exclude Data Center Projects from Tax Exemption Benefits, the Agency shall interpret the
definition of "Data Center Project" broadly and shall resolve any ambiguity in favor of
classification as a Data Center Project.
ARTICLE V — GENERAL PROVISIONS
Section 5.01 — Relation to Existing UTEP. To the extent any prior Uniform Tax Exemption
Policy of the Agency or any prior resolution of the Legislature is inconsistent with the provisions
of this Policy, this Policy shall control and shall supersede such prior policy or resolution with
respect to the subject matter hereof.
Section 5.02 — Remaining Provisions. Except as specifically modified or supplemented by this
Resolution, all other provisions of the Agency's existing Uniform Tax Exemption Policy, if any,
shall remain in full force and effect.
Section 5.03 — Filing and Notice. The Clerk of the Legislature and the Agency's Executive
Director are hereby directed to:
(a) file a certified copy of this Resolution with the offices of the Chautauqua County Clerk;
(b) provide written notice of the adoption of this Policy to the Board of Directors of the
Chautauqua County Industrial Development Agency;
(c) provide written notice to each Taxing Jurisdiction within Chautauqua County; and
(d) make this Policy available to the public on the Agency's official website.
Section 5.04 — Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid or unenforceable by a court of competent jurisdiction,
the remainder of this Resolution and the application of its provisions to other persons or
circumstances shall not be affected thereby and shall continue in full force and effect.
Section 5.05 — Effective Date. This Resolution shall take effect immediately.
Signed: Larson

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