ALLEGANY
REGULAR SESSION
AUGUST 24, 2009
** APPROVED
CALL
TO ORDER: The regular meeting of the Board of
Legislators was called to order at 2:00 p.m. by Chairman Curtis W. Crandall.
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by David R.
Haugh, former United States Air Force Chief Master Sergeant.
INVOCATION: The
Invocation was given by Legislator Pullen.
ROLL
CALL: 13 Present; 2 Absent (Legislators Fanton and
Truax).
APPROVAL OF
MINUTES:
The Board meeting minutes of August
10, 2009 were approved on a motion made by Legislator Dibble, seconded by
Legislator Hopkins and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a
certificate to David R. Haugh, former United States Air Force Chief Master Sergeant,
in grateful appreciation of his service to our Country. Mr. Haugh’s service dates were from August
1978 to August 2008. Following Basic
Training at Lackland Air Force Base in
REMARKS FROM THE FLOOR OF THE LEGISLATIVE CHAMBERS BY CHAIRMAN CURTIS
CRANDALL, IN CONJUNCTION WITH THE DISTRIBUTION OF THE COURT FACILITIES
INFORMATIONAL PACKAGE:
·
Why are we
doing a Courthouse project now?
·
What happens if
we fail to comply with the State’s demands?
·
What are the
main reasons we are not in compliance?
·
Why has it
taken so long for
·
Why can’t we
convert the former
·
What gives the
State the right to reject our proposals?
·
Is it true that
·
Why should we
have to deal with this now? We can’t
afford a project like this.
I have taken the floor today
to address my colleagues, the press, invited guests, department heads, and
others present to announce and distribute information about the
I have the good fortune to
spend a lot of time in and around
The questions I just asked are
only a few that have come up in regard to the Courthouse Project which has
taken up much of this Board’s time and efforts over the last four years. It has
not only taken up many hours and days’ worth of meeting time, but has entered
its way into our conversations with family, friends, and neighbors, as I
believe it should. After all, the
project that we have spent so much time and effort on is a major investment for
the taxpayers of
As factual information has
been distributed about the Courthouse, it hasn’t exactly made the
Before I speak about the many
volumes of information and all of the three-ring binders, drawings, studies,
and papers stacked in front of the dais today, I would like to take just a
moment to reflect on some facts about the Courthouse Project.
In 1976, the Office of Court
Administration, better known to us now as
In 1987, the Court Facilities
Act was adopted. In the eyes of those who supported this legislation at the time,
the counties and cities of New York State weren’t using the financial savings
created by the takeover of court expenses to maintain and improve the court
facilities as intended, so a law making them do so was passed. In this Court
Facilities Act, a Capital Review Board was established as an independent body,
representing all three branches of government. Each county and city was to
submit a capital plan evaluating and assessing their court facilities. If found inadequate, they were required to
develop a plan to remedy the situation; the plan would then be approved or
rejected. Failure to comply with this Act would result in the sanctioning or
withholding of funds from
Over the past 22 years,
On June 26, 2006, William
Clark, Council for Capital Planning for the Office of Court Administration,
visited us here in the Chambers at a special Committee of the Whole meeting I
had set up so we could hear first hand the position of
He stated that the County’s
Court Facilities’ deficiencies are severe and include the following:
·
The Courthouse does not comply with the
Americans with Disabilities Act (
·
The Courthouse lacks appropriate
attorney-client conference space. Such
conferences currently occur in the hallways and lobbies of the Courthouse,
which also serve as the only waiting areas for the public.
·
The Courthouse lacks adequate secure storage
space.
·
The Court lacks appropriate office and testing
facilities for the recently established
·
The existing facility does not currently
provide sufficient space for the assembly of prospective jury panels.
·
The building layout does not allow for the
proper deployment of security personnel.
·
Judges must use the public corridors when
traveling to their Courtroom.
·
The Courthouse lacks appropriate Courtroom
space for the Judicial Hearing Officer and Support Magistrate, who conduct
their proceedings in the Legislative Chambers, Jury Room, or Law Library.
·
Court security equipment is currently
located at the top of the stairs, resulting in unacceptable and dangerous
security queuing on the building’s stairway.
·
Neither Chief Clerk has a private office.
·
The existing facility’s building systems are
unable to meet the needs of the Court.
The HVAC system in particular is inadequate and in need of replacement.
Mr. Clark mentioned other issues as well, and
he reiterated the County’s legal responsibilities, the Court Facilities’
serious inadequacies, the County’s failure to address the situation, and the
Court Facilities Review Board’s advice and imminent sanctions. He offered the County his and Mr. Isenberg’s
assistance in fulfilling its obligations.
At this meeting, as Chairman,
I announced that I would form an ad-hoc committee to deal with only the Court
issues. The committee would report back
to the Board their recommendations relative to a capital plan. They would review existing information and
formulate a plan to resolve the issue.
I think this recount of
history and the facts I have just shared are very helpful in understanding the
position and actions of this current Board of
Contained in the three-ring
binders before you are around 300 pages of information – not editorial
information, but copies – copies from meeting minutes, correspondence, studies,
and drawings. These represent only a fraction of the thousands of pages of
information which exist on the subject of Court Facilities in
With a lead-in like that, I
know what you’re thinking. “Crandall has
come up with a plan. He is going to distribute only a few pages of some
exciting
However, I think this is a
better idea: I am going to take these
100 binders and give one to each of the
In addition to the 100
three-ring binders full of information, which can be seen at your Library or
Town or Village Clerk’s Office, you will get:
You may still be wondering
about all that other information – all the stuff I have not put in these
binders, online, or on CD. “How do I see
the rest of the information – the thousands of pages of minutes, drawings, and
studies. I want to see it all.”
For you, a Public Information
Research Room is being set up. All of the documents will be available for you
to sit and read at your leisure. This will be in the Clerk of the Board of
Legislators’ Office, with a table and chairs for your convenience.
To end on a serious note for a
serious matter that has occupied much of our time over the past four years, I
would like to encourage the taxpayers of Allegany County to get the facts
concerning the Courthouse Project that faces us. Work from official information
that is not an editorial put together to spin this into something it’s not. I
have done what I can to provide an easy means for those who care to do some research. To those who say, “
You know, there seems to be a
lot of misinformation on the Court Facilities Project out there. An example is an e-mail I received a copy of
on Friday. This e-mail says, and I
quote: “That the Court Facilities
Committee has moved its next meeting from September 2 to August 24 to possibly
hire the contractor that will begin the three-story addition to the back of the
Courthouse and rip out 42 parking places.
They rushed this date forward because people are getting organized
against it. Their plans will be
challenged in Court, but in addition we need to demonstrate that the voters
don’t want it.” This truly bothers me.
Over the weekend, I also heard that the information that is going to be handed
out is information that, and I again quote:
“Will be released on Monday.” This
information is not being released; it has been compiled from open and public
documents that are available to the public.
The reason it has been compiled is to assist the general public in
getting factual information.
I wish to thank the Clerk of
the Board and her office for the extra efforts in compiling all of this data,
and I look forward to speaking with anyone who wishes on
Thank you.
Curtis W. Crandall, Chairman
Allegany
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. September
2009 Calendar of Board and Standing Committee meeting dates.
The
following communications were also acknowledged:
1. Correspondence from Senator Catharine
Young notifying us that Senate Bill 3813, which she introduced authorizing
Allegany County to continue imposing an additional one and one-half percent
sales and compensating use tax until November 30, 2011, was signed into law by
the Governor.
2. Correspondence from the Cuba Village
Board in support and recognition of the work being done by the Friendship
Empire Zone.
3. Correspondence from DuLac Engineering,
Inc., recommending that the proposed Courthouse addition be located no closer
to the existing top of the riverbank than 50 feet.
4. Correspondence from the Law Office of
David DiMatteo notifying us that the Town of Pike will be Lead Agency relative
to 2009 Amendments to the Town of Pike Comprehensive Plan.
5. Correspondence from the Wellsville
Community Outreach Team announcing a meeting to assess the walkability in the
Village of Wellsville on October 2, from 9 a.m. to 4 p.m., at the David A. Howe
Public Library.
6. Correspondence from the ACCORD
Corporation announcing their first Annual Golf Tournament at the Waterways Golf
and Spa Resort on Sunday, September 13, 2009, beginning with registration at 9
a.m.
7. Correspondence
from Alan Carlin, dated August 19, 2009, regarding the Court Facilities
Project.
8. It
was announced that the Committee of the Whole meeting scheduled for after this
Board meeting has been cancelled.
APPOINTMENTS:
Chairman Curtis
Crandall, in a joint measure with Cattaraugus County Legislative Board Chairman
Crystal Abers, appointed Carrie Childs to fill the unexpired three-year term of
John Francisco ending December 31, 2009, on the CATTARAUGUS-ALLEGANY WORKFORCE
INVESTMENT BOARD.
RESOLUTIONS:
RESOLUTION
NO. 140-09
AMENDING RESOLUTION NO.
118-67, AS AMENDED,
TO IMPOSE ALLEGANY COUNTY
SALES AND USE TAX AT THE RATE OF
FOUR AND ONE-HALF PERCENT FOR
THE PERIOD BEGINNING
DECEMBER 1, 2009 AND ENDING
NOVEMBER 30, 2011, AND
THEREAFTER SAID RATE OF SALES
AND USE TAX TO REVERT TO THREE PERCENT
Offered by: Ways and Means Committee
Pursuant to Article 29 of the Tax Law, and
Chapter 140 of the Laws of 2009
BE IT RESOLVED AND
ENACTED by the Board of
Legislators of the County of Allegany that the following provisions of
Resolution No. 118-67, as last amended, are hereby amended to read as follows:
Section 1. Section 4-A of Resolution No. 118-67, as
amended, is hereby amended to read as follows:
Section 4-A.
Imposition of additional rate of sales and compensating use taxes
Pursuant
to the authority of section 1210 of the Tax Law, in addition to the sales and
compensating use taxes imposed by sections 2 and 4 of this resolution, there is
hereby imposed and there shall be paid an additional one and one-half percent
rate of such sales and compensating use taxes, for the period beginning
December first, two thousand four, and ending November thirtieth, two thousand
eleven. Such additional taxes shall be
identical to the taxes imposed by such sections 2 and 4 and shall be
administered and collected in the same manner as such taxes. All of the provisions of this resolution
relating or applicable to the administration and collection of the taxes
imposed by such sections 2 and 4 shall apply to the additional taxes imposed by
this section, including the applicable transitional provisions, limitations,
special provisions, exemptions, exclusions, refunds and credits as are set
forth in this resolution, with the same force and effect as if those provisions
had been incorporated in full into this section and had expressly referred to
the additional taxes imposed by this section.
Section 2. Paragraph (D) of Subdivision (1) of Section
11. of Resolution No. 118-67, as amended, is hereby amended to read as follows:
(1) (D) With respect to the additional tax of
one and one-half percent imposed for the period beginning December first, two
thousand four, and ending November thirtieth, two thousand eleven, in respect
to the use of property used by the purchaser in this County prior to December
first, two thousand four.
Section 3. This resolution shall take effect December
first, two thousand nine.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 9
Ayes, 4 Noes, 2 Absent
Voting
No: Kruger, McCormick, Russo, Ungermann
(Memo:
Increasing the sales tax rate requires Home Rule Legislation which is a
process requiring the Board to approve three separate resolutions. On March 9, 2009, the Board approved
Resolution No. 46-09, “Requesting State Legislative Representatives to
Introduce and Seek Passage of Legislation Authorizing Allegany County to Continue
the Additional One and One-Half percent County Sales Tax for Three Years.” On April 27, 2009, the Board approved
Resolution No. 69-09, “Approval of a State Legislative Bill which Authorizes
the Extension of Allegany County’s Additional One and One-Half Percent Sales
and Use Tax until November 30, 2011; Declaring Existence of Necessity and
Requesting Passage of Bill by State Legislature.” On July 15, 2009, we received notification
from Senator Catharine Young’s office stating that Legislative Bills S3813 and
A7462 passed the Senate and Assembly and were signed into law by the Governor [Chapter
140 of the Laws of New York 2009]. The
third and final step requires passage of the resolution included above. Based on sales tax revenue receipts of
$18,240,275 for 2008, the additional one and one-half percent sales tax
resulted in $6,080,092 in revenue.)
Comments made
regarding Resolution No. 140-09 included the following:
Legislator
Kruger stated that he did not support the resolution. The Board has received letters from the
Wellsville Chamber of Commerce urging us not to support the additional sales
tax, and business owners that Mr. Kruger has spoken to are also against
it. Mr. Kruger feels that it hurts the
businesses and consumers in the County.
There’s an argument that if we don’t collect the tax through sales tax,
it reverts to property tax, but the people this affects the most, the business
owners, feel that consumers would shop more in Allegany County if our sales tax
was the same as surrounding counties.
This could result in even more sales tax revenue than we currently
receive. Business owners would like an even
playing field with their competitors in adjoining counties.
Legislator
Ungermann questioned the process of amending a resolution from 1967. County Attorney Thomas Miner explained that
was the original resolution increasing the County’s sales tax rate. This is the process that the legal staff at
the Department of Taxation and Finance requires in order to put this into
place. We go back to the original
resolution and track it every time we extend the increase for another two-year
period. Mr. Ungermann stated that he was
in favor of the 1 percent additional County sales tax, but not the 1.5
percent. That extra half percent really
makes a difference. We are not
competitive with our neighbors. Cattaraugus
County is at 8 percent, and Allegany County (at 8.5 percent) loses sales tax
revenue because of that.
Legislator
Hopkins noted that none of us is in favor of any type of tax, but when you look
back to when the extra half percent went into effect, sales tax revenue went up
$2 million. You don’t really lose
business; you gain revenue. If you take
that half percent off, you’re going to lose that $2 million. You might pick up a little more business, but
that $2 million is a lot of money to make up.
It would be equal to about 7.8 percent on your property taxes. Mr. Hopkins also pointed out that when he was
Supervisor for the Town of Hume, there was a report generated that included the
top ten property tax-paying entities in the town, and they were all
businesses. So pushing the taxes back on
the property taxes does affect the businesses.
Sales tax spreads it over a larger base – non-business owners, students,
and people visiting the County – they all help pay this tax burden.
Legislator
Russo agreed with Mr. Kruger and Mr. Ungermann.
He noted that when this comes up every couple years, it’s stated that if
we don’t do this, property taxes will be affected. Property taxes are already being affected
every time we do this. Mr. Russo has
been contacted by business owners in the Wellsville and Andover area urging him
not to support the additional sales tax increase. In this current economic climate, prices are increasing
all the time. As the prices increase,
the sales tax increases also, so consumers are already seeing sales tax increases
every day. This isn’t a fair way to
raise the revenue. There are other ways
we have to look into to get this money.
Legislator
Dibble commented that this is not a new tax, but the resolution keeps the sales
tax rate as it has been. Mr. Dibble also
stated that he felt sales tax is a fairer way to raise revenue than property
tax.
Legislator
O’Grady noted that the problem we have is that until we have a plan to
eliminate some of our overhead, which means maybe going back to some gravel County
roads and cutting services, this is the only way to deal with this. It’s easy to say that we have to make cuts,
but the reality is, when you get down to it and start cutting services, you get
complaints. It’s a no-win situation. Mr. O’Grady doesn’t like to pay the increased
sales tax any more than anyone else. If
the sales tax rate is decreased, people are not going to stop shopping in Hornell
and Olean. The sales tax doesn’t have a
lot to do with it. It has to do with the
services provided by those areas. Until
Allegany County can compete with those services, there’s not much choice. The increased sales tax rate is necessary at
this point.
Legislator McCormick
commented that the County collects the state sales tax, although the one-half
percent is the issue here. He suggested
that in the future, it might be a wise decision to share the revenue from the
one-half percent, or the $2 million, with the townships, based on evaluations
or some other way. Taxes aren’t generated
equally across all the 29 towns. Mr.
McCormick did not support the resolution.
RESOLUTION
NO. 141-09
RESOLUTION APPROVING THE PROPOSED
CERTIFICATE OF INCORPORATION AND CONSENTING TO THE FORMATION OF THE ALLEGANY
COUNTY
CAPITAL RESOURCE CORPORATION
Offered by:
Ways and Means Committee
BE IT ENACTED by
the Board of Legislators of Allegany County, New York, (the “County
Legislators”) as follows:
WHEREAS, on January 31, 2008, Section 854 of the
General Municipal Law, commonly referred to as the Civic Facilities Legislation
(the “Law”), expired, and since the expiration of the Law, industrial
development agencies have not been able to provide financial assistance to
projects owned or operated by not-for-profit corporations (hereinafter referred
to as “Civic Facility Projects”); and
WHEREAS, the ability to finance Civic Facility
Projects with tax-exempt bonds has been a very important tool for the Allegany
County Industrial Development Agency (the “Agency”), as the Civic Facility
Projects undertaken by the Agency have increased employment opportunities for
residents of Allegany County, New York and allowed local not-for-profit
corporations to upgrade their facilities at the lowest possible cost; and
WHEREAS, local development corporations formed
under the New York State Not-For-Profit Corporation Law (the “NFPCL”) are
created to assist, among others, not-for-profit corporations that are
undertaking projects that further any of the following purposes for which local
development corporations are created: (1) relieving and reducing unemployment,
(2) promoting and providing for additional and maximum employment, (3)
bettering and maintaining job opportunities, (4) instructing or training
individuals to improve or develop their capabilities for such jobs, (5)
carrying on scientific research for the purpose of aiding a community or
geographical area by attracting new industry to the community or area or by
encouraging the development of, or retention of, an industry in the community
or area, and (6) lessening the burdens of government and acting in the public
interest; and
WHEREAS, in furtherance of the public purposes set forth above, a
local development corporation formed under the NFPCL is empowered to take the
following actions: (1) to construct, acquire, rehabilitate and improve for use
by others industrial or manufacturing plants in the territory in which its
operations are principally to be conducted, (2) to assist financially in such
construction, acquisition, rehabilitation and improvement, to maintain such
plants for others in such territory, (3) to disseminate information and furnish
advice, technical assistance and liaison with federal, state and local
authorities with respect thereto, (4) to acquire by purchase, lease, gift,
bequest, devise or otherwise real or personal property or interests therein,
(5) to borrow money and to issue negotiable bonds, notes and other obligations
therefor, and (6) to sell, lease, mortgage or otherwise dispose of or encumber
any such plants or any of its real or personal property or any interest therein
upon such terms as it may determine to be suitable; and
WHEREAS, under the laws of the State of New York, capital resource
corporations are permitted to issue tax-exempt bonds for the benefit of
qualifying Civic Facility Projects; and
WHEREAS, in accordance with Section 1411(a) of the NFPCL, prior to
forming a capital resource corporation, the Agency must obtain the County
Legislators’ approval of the certificate of incorporation that will be used to
form the local development corporation; and
WHEREAS, the Agency has prepared a proposed certificate of
incorporation for review by the County Legislators and a copy of such proposed
certificate of incorporation is attached hereto as Schedule A; and
NOW, THEREFORE, BE IT RESOLVED by the County Legislators as
follows:
Section 1. The County Legislators authorize the
Agency to form a capital resource corporation in accordance with Section 1411
of the NFPCL; provided, however, that any obligations issued by the local
development corporation, and the premium (if any) and interest thereon, shall
be special obligations of the capital resource corporation and shall never be a
debt of the State of New York, Allegany County, New York or any political
subdivision thereof (other than the capital resource corporation), and neither
the State of New York, Allegany County, New York nor any political subdivision
thereof (other than the capital resource corporation) shall be liable thereon.
Section 2. The County Legislators approve the form
and substance of the certificate of incorporation presented at this meeting and
attached hereto as Schedule A, all
in substantially the form thereof presented to this meeting, with such changes,
variations, omissions and insertions as the Chairman of the County Legislators
shall approve.
Section 3. This Resolution shall take effect
immediately.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 9
Ayes, 4 Noes, 2 Absent
Voting
No: Kruger, McCormick, Russo, Ungermann
Comments made
regarding Resolution No. 141-09 included the following:
Legislator
Kruger stated that in concept, a corporation like this could be beneficial for
the County, but in its present form, he could not support approval of the
proposed Certificate of Incorporation.
One of the provisions in Section 16 states that amendments require the
“affirmative vote of two-thirds of the members of the Board of Directors of the
Corporation and the consent of the Chairman of the County Legislators.” Mr. Kruger felt that since the certificate
comes to the Board as a whole for approval, future changes should be considered
by the entire Board instead of just the Chairman.
Legislator
Reynolds questioned if the section Mr. Kruger referred to could be amended. County Attorney Thomas Miner responded that
he wouldn’t recommend it. The agreement
was prepared by the Industrial Development Agency’s counsel and they would need
to study the ramifications of any changes.
Legislator O’Grady questioned if it might be advisable to table the
matter, or if there were time sensitivity issues. Chairman Crandall requested that IDA Director
John Foels address the Board.
Industrial
Development Agency Director John Foels explained that the purpose of the Capital
Resource Corporation (CRC) is to allow the Industrial Development Agency to provide
financial assistance for not-for-profit projects (hospitals, independent
not-for-profit agencies, universities, etc).
One in particular that is of concern right now is the Cuba Hospital and Assisted
Living Campus. At this point, they are
just waiting for the IDA. The creation
of the CRC was done by Hodgson Russ Attorneys, in concert with New York State
and the other 25 IDAs they represent, as a “Plan B” when it was discovered that
the state wouldn’t re-enact the Civil Facilities Legislation. This is being done throughout the state. The five members of the IDA Board are
appointed by the Board of Legislators and are responsible to the Legislature. The CRC is a transparent organization, the
same as the IDA is, and any changes or amendments would be public information,
and they would consult with the Legislature on that. This matter was discussed in Ways and Means a
couple of weeks ago, and the document has cleared New York State, as well as
several other counties in the state.
Legislator
Kruger noted that every member on this IDA Board has historically worked hard
toward the success of the County; however, he took Public Authorities
Accountability Act training, and some of those instructors would question
having just one person being able to approve changes in the corporation when it
took the entire Legislature to approve its existence. Mr. Kruger stated that he is pro development
in Allegany County, but he is also pro accountability.
Mr.
Foels addressed timing sensitivity questions.
The Cuba project does have a timing issue from a financial aspect, and
that would be by the end of the year. Funding
with a lender is already in place, and the ability to do the not-for-profit tax-exempt
bonding would facilitate that moving forward.
Legislator
Pullen noted that he could appreciate Mr. Kruger’s concern and referred to a
historical precedent when the County lost control of another not-for-profit corporation
that was intended to serve many of these same purposes. The solution appears in Sections 11 and 12 of
the proposed Certificate of Incorporation, in that the Directors of the
Corporation, who are also members of the IDA Board, serve at the pleasure of the
entire Legislative Board. Section 16
pertaining to amendments is also subject to this Board having complete control
over the entity, once it is established.
There will never be a time when this Board will not have the ability to say,
“the pleasure that we had in your service has ended, and you are hereby
removed.” That should be taken very
seriously. Previous Boards, for whatever
reasons, failed to do that or were not alert to those possibilities; the County
did lose control, and it had significant impacts. Mr. Pullen would not support the agreement if
the protection provided by Sections 11 and 12 was not there, but he feels
confident we can proceed.
Legislator Ungermann
remarked that perhaps the state is trying to tell us something. He read an excerpt from the law for the IDA,
which included that “the purpose of the agency shall be to promote, develop,
encourage, and assist in the acquiring, constructing, re-constructing,
improving, maintaining, equipping, and furnishing industrial, manufacturing,
warehousing, commercial, research, and recreational facilities, including
industrial pollution and control facilities, educational or cultural
facilities, railroad facilities, horseracing facilities, and continuing care
retirement communities….” Mr. Ungermann
questioned before the County’s entering into a lease agreement with the IDA,
and now for the IDA to borrow money to build buildings to lease back to a government
agency. People could say that government
is an industry, but it does not generate tax revenue or real estate taxes. Does this give the IDA carte blanche to do
that, or not? Mr. Foels agreed that Mr.
Ungermann’s description of an IDA was accurate, and he then referred to a conversation
with Attorney Dan Spitzer after the last Ways and Means Committee meeting when
he was asked if it was legal for the IDA to pursue this development project on
behalf of the County. Mr. Spitzer’s
response was that he doesn’t allow his clients to do anything illegal. He looked at this as a development project
for seniors, and it was perfectly legal and within the realm of the IDA’s efforts.
RESOLUTION
NO. 142-09
AMENDING RESOLUTION NO. 259-06 AND
RESOLUTION NO. 258-85
TO CHANGE THE EFFECTIVE DATE NEW HIRES NEED
TO BE ADVISED THAT
THERE IS NO COMMITMENT TO PROVIDE RETIREE HEALTH
INSURANCE
Offered by:
Personnel Committee
WHEREAS, the second paragraph of Resolution No.
259-06 had directed that all new employees hired after January 1, 2007 were to
receive a letter that there is no commitment by the County of Allegany to continue
health care benefits after their retirement, and
WHEREAS,
sub-paragraph (3) of section 14. H. of Resolution No. 258-85 had also been
added by Resolution No. 4-07 to provide the same notice as set forth above, and
WHEREAS, it appears that new hires entering service
with Allegany County after January 1, 2007 did not in fact receive such a
letter, and
WHEREAS,
it appears that these new hires were mistakenly led to believe that they would
be entitled to health care benefits upon retirement, now therefore, be it
RESOLVED:
1. That paragraph 2. of Resolution No.
259-06 is hereby amended to read as follows:
That all new employees hired after January
1, 2010 will receive a letter stating there is currently no commitment by the
County of Allegany to continue health care benefits after their retirement.
2. That sub-paragraph (3) of section 14.
H. of Resolution 258-85 is also hereby amended to read as follows.
That all new employees hired after January
1, 2010 will receive a letter stating there is currently no commitment by the
County of Allegany to continue health care benefits after their retirement.
3. That this resolution shall take effect
immediately.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 1 No, 2 Absent
Voting
No: Kruger
Comments made regarding Resolution No. 142-09
included the following:
Legislator
Ungermann pointed out that not following through on a resolution adopted in 2006
resulted in costs of several hundreds of thousands of dollars over time for the
County.
Legislator
Kruger commented that this has an effect on terms and conditions of employment
regarding on-going union negotiations, and it should be subject to
negotiation. It will probably save the taxpayers
money, but we’re skipping some steps along the way. There seems to be two levels of benefit, one
for labor and one for management. Everyone’s
health is as valuable as everyone else’s, and there should only be one
agreement. Mr. Kruger would not support
this resolution or the next one.
Supporting
documentation for Resolution Intro. No. 153-09 (Resolution Approving the
Decision Outline for Allegany County Department Heads, Non-Unit Employees, and
Legislators Health Insurance; Defining Years of Service for Purposes of
Proposed Employee Health Insurance Contributions; Authorizing Payment of Fee to
NOVA Health Care to Complete Summary Plan Description) was amended on a motion
made by Legislator Hall, seconded by Legislator Dibble and carried, to change
No. 4, Confirm start date for proposals, from October 1, 2009 to January 1,
2010.
RESOLUTION
NO. 143-09
RESOLUTION APPROVING THE DECISION OUTLINE
FOR ALLEGANY COUNTY DEPARTMENT HEADS, NON-UNIT EMPLOYEES AND LEGISLATORS
HEALTH INSURANCE; DEFINING YEARS OF SERVICE
FOR PURPOSES OF PROPOSED EMPLOYEE HEALTH INSURANCE CONTRIBUTIONS;
AUTHORIZING PAYMENT OF FEE TO NOVA HEALTH
CARE
TO COMPLETE SUMMARY PLAN DESCRIPTION
Offered by:
Personnel Committee
WHEREAS, Allegany County has carefully considered a
proposal from its health insurance consultants, Manning & Napier Benefits,
LLC, concerning a modification of its existing health insurance plan as it
relates to certain County employees and County officials; and
WHEREAS, Allegany County is anxious to finalize its
health insurance plan relative to that group of employees so as to have the new
plan take effect as of January 1, 2010, now, therefore, be it
RESOLVED:
1. Subject to modifications hereafter
noted and finalization of the new health insurance plan, the “Allegany County
Department Heads, Non-Unit & Legislators Decision Outline Updated 7/24/09”
is hereby approved.
2. That the “Contribution Strategy” set
forth in the Decision Outline is clarified to provide that for any Department
Head or Non-Unit employee who decides to remain in their current plan,
contributions will be determined by their years of service calculated as of
January 1, 2010. Any service beyond that date will not result in a subsequent
reduction in the percentage contribution required. Each five-year block of
service will be calculated based upon years of service for each five-year block
of service plus an additional day.
3. That any required contributions are not
fixed dollar amounts but are percentages of the premium equivalent which shall
increase as premiums increase.
4. That the sum of $5,000 is approved for
payment to NOVA Health Care to cover the cost of completing the summary plan
description for final approval.
5. That the Chairman of this Board is
authorized to execute any documents necessary to facilitate completion of the
new health insurance plan.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Pullen 10
Ayes, 3 Noes, 2 Absent
Voting
No: Burdick, Kruger, Reynolds
Comments made regarding Resolution No. 143-09
included the following:
Legislator
Kruger noted his appreciation for the Personnel Committee’s work and that this
was a step in the right direction. He
liked the stepped plan and also that the plan is loading costs up front, with
lower costs for employees with longevity.
Until the plan covers everyone, and everything is the same for everyone,
he wouldn’t support it.
Legislator
O’Grady stated that although the plan wasn’t perfect, he would support it. It’s a step in the right direction. It may take five to ten years to get everyone
on an even playing field, but at least this includes everyone except collective
bargaining employees.
Legislator
Pullen noted that although there were legislators, employees, and taxpayers
with different views, the committee was able to put this compromise together. No one was completely happy with it, and he
would have liked to see some things a little stronger to shift costs. The goal here is that we use NOVA Health Care
as our third party administrator, and the key is the authorization for NOVA to
complete the plan for final approval.
This resolution is not approving a final plan, but just for the plan to
be put together. Assistant County
Attorney Leslie Haggstrom volunteered, and Mr. Pullen did as well, to work with
NOVA on the legal language to assure that what we are getting is what was
intended by the Board. The final
document will come back to the Board for approval.
Legislator
Reynolds commented that he had mixed feelings on the issue due to the fact that
it impacts only leadership and department heads, but has little fiscal
impact. It doesn’t affect the rank and
file. It would be naïve to believe that
forcing the department heads into a particular situation with their insurance will
have an effect on union negotiations.
Actions similar to this resulted in the creation of a mid-management
union.
Legislator
Hall emphasized that there are no radical changes in costs; this is a very moderate
step. We, as a government, have to
change the way we provide support for health care, and this is a large step in
that direction. We need to move ahead to
get an analysis of what people will be getting and paying to move in a
direction that’s very different than in the past. It has to occur now or it won’t.
Legislator
Kruger questioned the confirmed start date on the decision outline, and noted
he didn’t understand that, if this document wasn’t the final plan. Chairman Crandall explained that the outline
attached to the resolution will drive the many pages of detailed descriptions
in the proposal that will be included in the final plan. For those needing to make a decision, even
though they won’t be looking at the full document, NOVA and Manning and Napier
will meet with affected employees for explanations. Mr. Pullen noted that NOVA personnel will
meet for local input prior to October 1, and the committee will move it forward. Hopefully by November 1, we will have the final
document and decisions can be made on whether to stay with the existing plan or
move to the newly developed plan. Mr. Reynolds
questioned if the existing plan will change, and Mr. Pullen stated that he
understood that the only change would be in the pharmaceutical becoming a
managed plan.
RESOLUTION
NO. 144-09
Offered by:
Ways and Means Committee
WHEREAS, a check in the amount of $200, representing the cost to
replace a windshield on a County Sheriff’s vehicle, has been offered by NYMIR
in settlement for such property damage, now, therefore, be it
RESOLVED:
1. That an insurance payment in the amount
of $200 from NYMIR, representing the cost of replacing a windshield on a County
Sheriff’s vehicle, is accepted.
2. That the sum of $200 is appropriated to
Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) with a like
sum credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance
Recovery).
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 13
Ayes, 0 Noes, 2 Absent
RESOLUTION INTRO. NO. 155-09 (APPROPRIATION OF GRANT FUNDS FROM NEW
YORK STATE UNDER THE FY07 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS [PSIC]
GRANT) was TABLED following a motion made by Legislator Dibble, seconded by
Legislator Reynolds and carried. Acceptance
of the grant was approved by Resolution No. 143-08 contingent on identifying a
source for the $423,118.99 local County share.
County Administrator John Margeson has indicated that funds in the
amount of $200,000 were identified in the 2009 budget, and $223,119 will be
available in the 2010 Budget.
RESOLUTION
NO. 145-09
TRANSFER OF FUNDS WITHIN
PROBATION ACCOUNT
Offered by:
Public Safety Committee
RESOLVED:
1. That the sum of $400 is transferred
from Account No. A3140.4 (Rentals) to Account No. A3140.2 (Equipment).
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 13
Ayes, 0 Noes, 2 Absent
(Memo: The transfer approved by Resolution No.
145-09 was for the purchase of a new bullet proof vest.)
RESOLUTION
NO. 146-09
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT
TO JAIL CONTRACTUAL ACCOUNT
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That
the sum of $200,000 is transferred from Account No. A1990.4 (Contingent)
to Account No. A3150.4 (Jail - Contractual)
to finance projected medical costs for the jail for the remainder of 2009.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 13
Ayes, 0 Noes, 2 Absent
(Memo: The transfer approved by Resolution No.
146-09 was necessitated by increased jail medical costs. The 2009 budget for medical is $180,000, and
at current levels, expenses are expected to reach $462,000. Medical expenses for 2008 were in excess of
$240,000. Factors related to the
increase are: there was a Mercy Flight transport
at over $11,000; some inmates are receiving specialized medications, which in
some instances cost over $1,000 per month; and the local inmate population has
been increasing, ranging from 52 in January to 82 in July.)
RESOLUTION
NO. 147-09
TRANSFER OF FUNDS FROM BUILDINGS AND GROUNDS
ACCOUNT
TO COUNTY ROAD FUND CONTRACTUAL EXPENSES
ACCOUNT
Offered by:
Public Works and Ways and Means Committees
RESOLVED:
1. That
the sum of $18,000 is transferred from Account No. A1620.4 (Buildings – Contractual)
to Account No. D5110.4 (Snow Removal, Maintenance Roads and Bridges – Contractual),
to cover the cost for the surface treating of County Roads.
Moved by: Mr. Hall Adopted: Roll Call
Seconded by: Mr. Reynolds 13
Ayes, 0 Noes, 2 Absent
(Memo: The funds being transferred from the
Buildings and Grounds Account in Resolution No. 147-09 were remaining from the
paving of the front Courthouse parking lot.)
RESOLUTION
NO. 148-09
APPROVAL OF THE ALTERNATIVES TO
INCARCERATION/
SERVICES FOR A SHARED POPULATION
CONTRACT #C070467-YEAR 3 FOR JULY 1, 2009 TO
JUNE 30, 2010;
AUTHORIZING CHAIRMAN TO SIGN CONTRACT
Offered by:
Public Safety Committee
RESOLVED:
1. That
the Alternatives to Incarceration/Services for a Shared Population Contract
#C070467-Year 3 for July 1, 2009 to June 30, 2010, is approved.
2. That the Chairman of this Board is
authorized to execute the contract.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 13
Ayes, 0 Noes, 2 Absent
(Memo: The agreement approved by Resolution No.
148-09 is for the period of July 1, 2009 to June 30, 2010 and provides for
mental health services for individuals on probation and/or under supervision of
the Pre-Trial Release Program. It is grant
funded.)
RESOLUTION
NO. 149-09
APPROVAL OF THE INTENSIVE SUPERVISION
PROGRAM (ISP)
CONTRACT #T523086 FOR JANUARY 1, 2009 TO
DECEMBER 31, 2009;
RATIFYING THE CHAIRMAN’S SIGNATURE TO THE
CONTRACT
Offered by:
Public Safety Committee
RESOLVED:
1. That
the Intensive Supervision Program (ISP) Contract #T523086 for January 1, 2009
to December 31, 2009, is approved.
2. That the Chairman of this Board is
authorized to sign said agreement and his prior signature thereto is hereby
ratified.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 13
Ayes, 0 Noes, 2 Absent
(Memo: The agreement approved by Resolution No.
149-09 is for the period of January 1, 2009 to December 31, 2009 and provides
for supervision of defendants who are sentenced by the Court to Intensive
Supervision.)
RESOLUTION
NO. 150-09
APPROVAL OF THE PROBATION ELIGIBLE DIVERSION
PROGRAM (PED)
CONTRACT #T523007 FOR JANUARY 1, 2009 TO
DECEMBER 31, 2009;
RATIFYING THE CHAIRMAN’S SIGNATURE TO THE
CONTRACT
Offered by:
Public Safety Committee
RESOLVED:
1. That
the Probation Eligible Diversion Program (PED) Contract #T523007 for January 1,
2009 to December 31, 2009, is approved.
2. That the Chairman of this Board is
authorized to sign said agreement and his prior signature thereto is hereby
ratified.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 13
Ayes, 0 Noes, 2 Absent
(Memo: The agreement approved by Resolution No.
150-09 is for the period of January 1, 2009 to December 31, 2009 and provides
for supervision and treatment of non-violent offenders eligible for probation
who would otherwise have been committed to the New York State Department of
Corrections.)
RESOLUTION
NO. 151-09
APPROVAL OF THE ENHANCED SUPERVISION OF SEX
OFFENDERS (ESSO) CONTRACT #C523028 FOR APRIL 1, 2009 TO MARCH 31, 2010;
RATIFYING THE CHAIRMAN’S SIGNATURE TO THE
CONTRACT
Offered by:
Public Safety Committee
RESOLVED:
1. That
the Enhanced Supervision of Sex Offenders (ESSO) Contract #C523028 for April 1,
2009 to March 31, 2010, is approved.
2. That the Chairman of this Board is
authorized to sign said agreement and his prior signature thereto is hereby
ratified.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Hall 13
Ayes, 0 Noes, 2 Absent
(Memo: The agreement approved by Resolution No.
151-09 is for the period of April 1, 2009 to March 31, 2010 and provides for
the establishment and operation of enhanced probation services for individuals
classified as Sex Offender Registration Act [SORA] Risk Level 2 and 3 Sex
Offenders.)
RESOLUTION
NO. 152-09
APPROVING
THE 2009 RESOURCE ALLOCATION PLAN AGREEMENT
WITH
OFFICE OF CHILDREN AND FAMILY SERVICES;
PROVIDING
FOR APPROPRIATION OF FUNDS WHEN SUBCONTRACTS FOR
SPECIAL
DELINQUENCY PREVENTION PROGRAM SERVICES ARE APPROVED
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1.
That the 2009 Resource Allocation
Plan agreement with Office of Children and Family Services in relation to the
State's allocation of funds to the County for providing youth services under
its Comprehensive Youth Service Plan is approved.
2. That the Chairman of this Board is
authorized to execute such Plan Agreement.
3. That a portion of the funds to be
received under such Plan agreement shall be appropriated from time to time to
cover the costs under sub‑contractor service provider agreements as may
be approved by this Board.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Reynolds 13
Ayes, 0 Noes, 2 Absent
A motion was made by
Legislator Reynolds, seconded by Legislator McCormick and carried, to grant
Legislator Hopkins permission to abstain from voting on Resolution Intro. No.
164-09 (Approval of 2009 Youth Development/Delinquency Prevention [YDDP]
Programs Including Municipal Youth Projects for Recreation Programs, Service Programs,
and Youth Initiative Programs).
RESOLUTION
NO. 153-09
APPROVAL OF 2009 YOUTH
DEVELOPMENT/DELINQUENCY PREVENTION (YDDP) PROGRAMS INCLUDING MUNICIPAL YOUTH
PROJECTS FOR RECREATION PROGRAMS, SERVICE PROGRAMS, AND YOUTH INITIATIVE
PROGRAMS
Offered by:
Public Safety and Ways and Means Committees
WHEREAS, the County Youth Bureau has recommended certain municipal
youth projects for recreation programs, service programs, and youth initiative
programs within the County for 2009, now, therefore, be it
RESOLVED:
1. That
the 2009 Municipal Youth Projects for recreation are approved as follows:
|
Municipality |
2009 Award |
Project |
Municipality |
2009 Award |
Project |
|
Village of Alfred |
2,400 |
R021 |
Town of Burns |
250 |
R181 |
|
Town of Almond |
325 |
R051 |
Village of Canaseraga |
250 |
R191 |
|
Town of Amity |
614 |
R071 |
Town of Cuba |
500 |
R231 |
|
Village of Belmont |
459 |
R081 |
Village of Cuba |
863 |
R241 |
|
Town of Andover |
494 |
R091 |
Town of Friendship |
750 |
R251 |
|
Village of Andover |
531 |
R010 |
Town of Hume |
1,067 |
R301 |
|
Town of Angelica |
253 |
R111 |
Town of Independence |
582 |
R321 |
|
Village of Angelica |
460 |
R121 |
Town of Rushford |
647 |
R341 |
|
Town of Belfast |
2,959 |
R131 |
Town of Wellsville |
3,352 |
R371 |
|
Town of Bolivar |
474 |
R151 |
Town of Wirt |
267 |
R411 |
|
Village of Bolivar |
714 |
R161 |
Rushford Lake Project |
9,805 |
R001 |
2. That
the 2009 Municipal Youth Projects for services are approved as follows:
|
Agency |
Program Title |
2009 Award |
|
Allegany Council |
Week of Alternatives |
$3,500 |
|
BOCES |
Government for Youth |
2,650 |
|
Youth for Christ |
Wellsville Skate Park |
2,000 |
|
Houghton College |
First STEP |
2,614 |
|
Houghton College |
Allegany Student Outreach (STEP) |
4,000 |
|
Allegany Council |
Natural Helpers |
2,000 |
|
Youth for Christ |
Teen Centers |
3,500 |
|
Village of Cuba |
A Sound Beginning |
2,900 |
|
Town of Wellsville |
Dance/Theatre Program |
2,000 |
3. That
the 2009 Municipal Youth Projects for Youth Initiatives are approved as
follows:
|
Agency |
Program Title |
2009 Award |
|
Allegany Arts Association |
Summer Arts Festival |
1,700 |
|
Literacy West NY, Inc. |
Peers Helping Peers |
2,700 |
|
Southern Tier Traveling Teachers, Inc. |
GED |
2,880 |
|
Allegany Co. Chapter of Red Cross |
When I’m In Charge |
750 |
|
Alfred University |
Children Learning Initiatives |
1,700 |
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Hall 12
Ayes, 0 Noes, 2 Absent
Abstained: Hopkins
A motion was made by
Legislator Reynolds, seconded by Legislator Kruger and carried, to grant
Legislator Hopkins permission to abstain from voting on Resolution Intro. No.
165-09 (Approval of Special Delinquency Prevention Program [SDPP] Subcontract
Agreements for Calendar year 2009; Providing Program Funds).
RESOLUTION
NO. 154-09
APPROVAL OF SPECIAL DELINQUENCY PREVENTION
PROGRAM (SDPP) SUBCONTRACT AGREEMENTS FOR CALENDAR YEAR 2009;
PROVIDING PROGRAM FUNDS
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That
the following Special Delinquency Prevention Program (SDPP) Agreements for
calendar year 2009, are approved and appropriated as follows:
|
Agreement |
Amount |
Appropriation Account |
Revenue Account |
|
Allegany Council on Alcoholism and Substance Abuse, Inc. (Prevention Education Referral) |
$4,000 |
A7313.486 |
A10.3821.04 |
|
Allegany County Mental Health Association, Inc. (Youth Compeer Program) |
$4,200 |
A7313.488 |
A10.3821.07 |
|
Allegany County Employment & Training (SYEP) |
$7,987 |
A7318.486 |
A10.3822.02 |
|
Literacy West NY, Inc. (Success Tracks) |
$1,000 |
A7318.489 |
A10.3820.50 |
|
Southern Tier Traveling Teacher (Special GED Program) |
$3,000 |
A7315.487 |
A10.3821.7315 |
|
Youth Court |
$5,600 |
A7321.1 |
A10.3825.7321 |
2. That the Chairman of the Board is
authorized to execute the agreements.
Moved by: Mr. Dibble Adopted: Roll Call
Seconded by: Mr. Pullen 12
Ayes, 0 Noes, 2 Absent
Abstained: Hopkins
RESOLUTION
NO. 155-09
APPROVAL OF RENEWAL AGREEMENT
BETWEEN
THE NEW YORK STATE UNIFIED
COURT SYSTEM AND COUNTY OF ALLEGANY
FOR COURT CLEANING AND MINOR
REPAIRS
Offered by: Public Works Committee
RESOLVED:
1. That Renewal Agreement between the New
York State Unified Court System and County of Allegany, in relation to Court
cleaning and minor repairs (Contract #C300235) for the period April 1, 2009 to
March 31, 2010, is approved.
2. That the proposed budget for services
to be rendered pursuant to the Contract for the SFY 2009-2010 shall be
$115,895, which shall be reimbursed to Allegany County, New York, pursuant to
the terms of said contract.
3. That the Chairman of this Board is
authorized to execute such Agreement.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Hopkins 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 156-09
APPROVING
SUPPLEMENTAL AGREEMENT BETWEEN COUNTY OF ALLEGANY AND NEW YORK STATE DEPARTMENT
OF TRANSPORTATION
TO AMEND THE
FUNDING OF THE TRUAX ROAD OVER DYKE CREEK PROJECT
(PIN 6753.75)
LOCATED IN THE TOWN OF WELLSVILLE
Offered by:
Public Works and Ways and Means Committees
WHEREAS, the
Truax Road over Dyke Creek Project (PIN 6753.75) located in the Town of
Wellsville was approved by Resolution No. 105-2005; and
WHEREAS, the project is complete and funding was
previously appropriated; and
WHEREAS, it is
necessary to make final adjustments for costs by increasing the amount of
Construction Phase Marchiselli funding, now, therefore, be it
RESOLVED:
1. That the Supplemental Agreement No.
3 between the County of Allegany and New
York State Department of Transportation to amend the funding of the Truax Road
over Dyke Creek Project is approved.
2. That the Chairman of this Board is
authorized to execute the Supplemental Agreement.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. McCormick 13
Ayes, 0 Noes, 2 Absent
RESOLUTION
NO. 157-09
APPROVING A BRIDGE MAINTENANCE AGREEMENT
WITH THE
NEW YORK STATE DOT FOR
BRIDGE REPLACEMENT OVER NORTH BRANCH OF
PHILLIPS CREEK
IN THE TOWN OF AMITY (PIN 6021.14);
AUTHORIZING CHAIRMAN TO SIGN AGREEMENT
Offered by:
Public Works Committee
WHEREAS, the New York State Department of
Transportation has submitted to the County of Allegany a proposed agreement by
which the County of Allegany is to maintain 0.0055 centerline kilometers of a County
Road (shown as part numbered 2B on the Table of Maintenance) known as Baker
Valley Road (CR-2-B) which is a portion of the Belmont-Phillips Creek Part 1
project and to be designated as a portion of New York Project No. 6021.14 and
said proposed agreement also provides for the County of Allegany to request the
Department of Transportation to submit the aforementioned project with the
recommendation that it be approved by the Administrator of the United States
Federal Highway Administration, and that if such project is approved and
constructed by the Department and the Administrator of the United States
Federal Highway Administration, the County of Allegany will thereafter at its
own cost and expense maintain the previously described portion of this project
in a manner satisfactory to the Department of Transportation and the
Administrator of the United States Federal Highway Administration, or their
authorized representatives, and make ample provision each year for such
maintenance, now, therefore, be it
RESOLVED:
1. That the County of Allegany shall
maintain such road and guarantee the maintenance of such road when constructed
and will pay the cost of such maintenance and will maintain the project in a
manner satisfactory to the New York State Department of Transportation or its
authorized representatives, and will make ample provision each year for such
maintenance.
2. That the New York State Department of
Transportation submit such project to the Administrator of the United States
Federal Highway Administration and recommend to him the approval of the same
for construction with funds apportioned to the State for construction of
Highways and related projects under the provisions of the Federal Highway Acts.
3. That this County of Allegany act
through its Chairman of the Allegany County Legislature and Clerk which are
hereby authorized to act for this County of Allegany and make and enter into
agreement with the State Department of Transportation, in manner and form and
substance as herein stated and in accordance with the form of contract herein
mentioned as having been submitted to this Allegany County Legislature for
action, and that this Board furnish two certified copies of this resolution
authorizing the Chairman of the Allegany County Legislature and Clerk of this
County of Allegany to execute the agreements on behalf of the County of
Allegany such Chairman of the Allegany County Legislature and Clerk being fully
authorized and directed to make and enter into agreements on behalf of the County
of Allegany in any manner and form required by the Department of
Transportation, or the Administrator of the United States Federal Highway
Administration and attach the seal of the County thereto.
4. That the Clerk of this Board is hereby
directed to transmit two (2) certified copies of the foregoing Resolution to
the State Department of Transportation.
Moved by: Mr. Reynolds Adopted: Roll Call
Seconded by: Mr. Pullen 13
Ayes, 0 Noes, 2 Absent
AUDITS:
A motion was made by
Legislator Reynolds, seconded by Legislator Hopkins and carried, that the
audits be acted upon collectively and by totals.
A motion was made by
Legislator Reynolds, seconded by Legislator Pullen and adopted on a roll call
vote of 11 Ayes, 2 Noes, 2 Absent, that the audit of claims, totaling $964,960.10
including prepaid expenses, be approved for payment as recommended by the
County Administrator (Opposed: Kruger,
Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid
year-to-date is $5,309,005.) Legislator Kruger objected to funds being
spent on the Court Facilities Project, as he disagrees on the direction the
Board is taking.
COMMENTS:
Legislator Ungermann
requested privilege of the floor for the September 14 meeting.
Legislator Kruger noted
that he admires and approves of the program where we have veterans come in to lead
in the Pledge of Allegiance to the Flag at our Board meetings, but is upset
that while we honor our veterans for their sacrifices to protect our rights,
there have also been some people who have requested privilege of the floor that
have been denied their right to speak because they oppose the majority opinion
of the Board.
ADJOURNMENT: The meeting was adjourned at 3:40 p.m. on a motion made by Legislator Reynolds,
seconded by Legislator Kruger and carried.