ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

MAY 11, 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 Robert F. Polanowski, retired United States Navy Postal Clerk 1st Class and Norma Polanowski, former United States Navy Yeoman 2nd Class.

 

INVOCATION:  The Invocation was given by Legislator Pullen.

 

ROLL CALL:  14 Present; 1 Absent (Legislator O’Grady).

 

APPROVAL OF MINUTES:

 

            A motion was made by Legislator Dibble and seconded by Legislator Fanton for approval of the Board meeting minutes of April 27, 2009.  Legislator Ungermann questioned the action taken in removing Resolution No. 68-09 from the table by a voice vote, when he understood from Robert’s Rules of Order that a two-thirds roll call vote was required.  Legislator Kruger also voiced concern about the validity of the vote.  County Attorney Thomas Miner stated that the resolution was being taken off the table, not being offered from the floor, and a simple majority vote was all that was required.  The motion to approve the minutes was carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall presented certificates to Robert F. Polanowski, retired United States Navy Postal Clerk 1st Class, and Norma Polanowski, former United States Navy Yeoman 2nd Class, in grateful appreciation of their service to our country.  Norma Polanowski’s service dates were from October 1952 to July 1961.  Her duty stations included Basic Training, Service School, and Administrative Command in Bainbridge, MD; Naval Base, Long Beach, CA; and Naval District Headquarters, New York, NY.  Mrs. Polanowski received two good conduct awards.  After her time in the Navy, she served in Naval Intelligence as Civil Service for twelve years.  Robert Polanowski’s service dates were from October 1943 to November 1962.  His duty stations included Basic Training in San Diego, CA; Pearl Harbor, Hawaii; USS Helena (Cruiser); Guam; USS Yorktown (Carrier); USS Bremerton (Cruiser); and Brooklyn, NY.  Most of his overseas duty was in the Pacific for both World War II and the Korean Conflict, and he received commendations for good conduct and several other awards.  Mr. and Mrs. Polanowski led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

 

            Chairman Crandall granted privilege of the floor to Richard Golas from SCORE, which is a nationwide organization that assists small businesses.  SCORE is sponsored by the Small Business Association and offers free services via internet, phone, or face-to-face meetings.  Locally, SCORE recently received a grant to expand into rural areas of New York State.  Where historically services were limited to metropolitan areas, SCORE now has office hours in Olean, Belmont, Houghton, and Wellsville.  Some of the new businesses they’ve worked with have the potential to be very successful.  SCORE is also currently working with Gretchen Hanchett from ACCORD’s Allegany Business Center, and they serve on the revolving loan committee.  The ACCORD Business Center and SCORE are co-sponsoring a free seminar on May 27 at the Crossroads Center regarding new loans that will be available through the American Recovery and Reinvestment Act (ARRA).  It’s important to get this information out to local bankers and small business owners.  Small businesses are the backbone of our economy, and Mr. Golas encouraged legislators to talk with small business owners in their districts to see if they are having any problems.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

Copies of the following were placed on each Legislator’s desk:

 

            1.         Report of Intrafund Transfers approved by the County Administrator in April.

 

            2.         Report of Tax Bill Corrections approved by the County Administrator in April.

 

The following communications were also acknowledged:

 

            1.         Notice of the next InterCounty Association meeting to be hosted by Seneca County at the Ginny Lee/Wagner Vineyard in Lodi on May 15.

 

            2.         Invitation to attend the Legislative Intern Model Session on Monday, May 18, from 10:30 a.m. to Noon.

 

            3.         Invitation to attend the Entrepreneurial Assistance Program Graduation Ceremony at the Crossroads Center on Friday, May 29, from 6 to 8 p.m.

 

            4.         Correspondence from Assembly Republican Leader Brian M. Kolb introducing himself and encouraging communication.

 

            5.         Reminder for the Bare Knuckle Boxing Hall of Fame Open House at the St. Patrick’s Parish Hall in Belfast on May 16, from 5 to 8 p.m.

 

            6.         Correspondence from Timothy Gilchrist, Senior Advisor for Infrastructure and Transportation, regarding projects submitted to Governor Paterson’s Economic Recovery and Reinvestment Cabinet.

 

            7.         Legislator Kruger requested that correspondence he received be read regarding the potential closure of the New York State Nursery.  Mr. Kruger suggested that the Board take action on this and pass a resolution to be forwarded to the Forest Practice Board.  The State Nursery provides trees to County residents at low cost.  (This issue will be referred to the Public Works Committee to sponsor a resolution which can also be sent on to InterCounty.)

 

PROCLAMATIONS:

 

            Chairman Crandall proclaimed May 17-22, 2009 as Small Business Week in Allegany County, and also recognized and commended SCORE’s volunteers for their time and expertise donated to assist local entrepreneurs.

 

            Chairman Crandall proclaimed May 2009 as Older Americans Month in Allegany County, and urged everyone to take the time to honor our older adults and the professionals, family members, and citizens who care for them.

 

RESOLUTIONS:

 

RESOLUTION NO. 77-09

 

RESOLUTION REDUCING THE NUMBER OF

COMMUNITY SERVICES BOARD MEMBERS FROM FIFTEEN TO NINE AND APPOINTMENT OF MEMBERS TO SUCH NEWLY FORMED BOARD

 

Offered by:  Human Services Committee

 

            WHEREAS, effective July 22, 1982, Section 41.11 of the Mental Hygiene Law provides that in all local governments with a population less than one hundred thousand, community services board, at the option of the local government, shall have either nine or fifteen members appointed by the local government, and

 

            WHEREAS, pursuant to Resolution No. 75-78 the Community Services Board is a fifteen member board, and

 

            WHEREAS, the Community Services Board has difficulty filling vacancies and maintaining fifteen members, and

 

            WHEREAS, the Community Services Board has passed a resolution requesting the Allegany County Board of Legislators reconstitute the Community Services Board as a nine member board, and

 

            WHEREAS, each current member of the Community Services Board has submitted a written resignation to be effective immediately prior to the creation of a new nine member Community Services Board on May 19, 2009, now, therefore, be it

 

            RESOLVED:

 

            1.         The Community Services Board shall hereafter consist of nine members effective May 19, 2009.

           

            2.         That such newly appointed members will initially have staggered terms with three members to be appointed for a two-year term, three members to be appointed for a three-year term, and three members to be appointed for a four-year term; thereafter each will serve four-year terms, and

 

            3.         That the appointment of the following persons to the Community Services Board, with term of office for each commencing May 19, 2009 and expiring as set forth below, are approved:

                        Edna Howard                                                            December 31, 2013

                        Shirley Lyon-Bentley                                     December 31, 2013

                        Linda Edwards                                                          December 31, 2013

                        Sandra Blake                                                            December 31, 2012

                        Sharon Hibbard                                                         December 31, 2012

                        Cathy Freytag                                                            December 31, 2012

                        Kathy Bentley                                                 December 31, 2011

                        Ronald Truax                                                 December 31, 2011

                        Vacant                                                                        December 31, 2011

           

            4.         That Brent L. Reynolds of Alfred Station, New York and Judith E. Samber of Alfred, New York are appointed to the Community Services Board as Ex-Officio Members, with term of office commencing May 19, 2009 and expiring December 31, 2012.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                                  14 Ayes, 1 No, 0 Absent

 

RESOLUTION NO. 78-09

 

ACCEPTANCE OF UNANTICIPATED STATE AID FOR

THE OFFICE OF MENTAL HEALTH; APPROPRIATION OF FUNDS TO

MENTAL HEALTH – YOUTH ICM EQUIPMENT ACCOUNT

 

Offered by:  Human Services and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $17,000 in unanticipated state aid is accepted and appropriated to Account No. A4312.204 (Motor Vehicles – Mental Health Youth ICM) with a like sum credited to Revenue Account No. A11.4490.00 (Mental Health Medicaid).

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Reynolds                                                             14 Ayes, 1 No, 0 Absent

RESOLUTION NO. 79-09

 

ACCEPTANCE OF ADDITIONAL NEW YORK STATE GRANT FUNDS FOR IMPLEMENTING A CENTRALIZED COUNTY LEVEL DATABASE

FOR TAX COLLECTION INFORMATION; TRANSFERRING FUNDS

FROM CONTINGENT ACCOUNT AND APPROPRIATION OF FUNDS

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That additional grant funds in the amount of $25,000 from New York State for implementing a centralized County level database for tax collection information and the transfer of $2,720 from Account No. A1990.4 (Contingent), to cover the implementation costs for all tax collectors to have access and training, is accepted and approved.

 

            2.         That the total sum of $27,720 is appropriated to Account No. A1325.429 (County Treasurer – County Tax Collection Initiative Grant) with the $25,000 credited to Revenue Account No. A10.3089.1325 (State Aid – Tax Collection Grant).

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                                 14 Ayes, 1 No, 0 Absent

 

(Memo:  Resolution No. 79-09 accepts the second phase of grant funding from the state for the implementation of a centralized County-level database for tax collection information.  An additional $25,000 is provided towards implementation and will allow for all 58 tax collectors in the County to collect and return their taxes electronically.  It covers most of the costs for implementation and requires an additional $2,720 for start up costs.  Tax collectors will have access and training on a centralized database, and the annual cost for municipalities will be minimal if they choose to implement. The Treasurer’s Office will begin the implementation process during the summer for activation with School Tax Collectors in the fall, with phasing-in to continue with Town Tax Collectors, and finally Village Tax Collectors.)

 

RESOLUTION NO. 80-09

 

ACCEPTANCE AND APPROPRIATION OF FUNDS FROM

THE NEW YORK STATE DEPARTMENT OF HEALTH FOR TOBACCO ENFORCEMENT AND COST OF LIVING ADJUSTMENT FOR SEVERAL GRANT FUNDED PROGRAMS

 

Offered by:  Human Services and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $2,535 from the New York State Department of Health for the Tobacco Enforcement Program is accepted and appropriated to Account No. A4051.409 with a like sum credited to Revenue Account No. A10.3450.04.

            2.         That the sum of $47,349 from the New York State Department of Health for Cost of Living Adjustment for several grant funded programs is accepted and appropriated as follows:  $2,850 to Account No. A4035.2, $2,500 to Account No. A4037.2, $500 to Account No. A4190.2, $24,091 to Account No. A4190.4, $11,603 to Account No. A4035.4, $708 to Account No. A4037.4, $1,043 to Account No. A4043.4, $1,494 to Account No. A4054.4, and $2,560 to Account No. A4056.4; with a like sum of $47,349 credited as follows: $1,494 to Revenue Account No. A10.3401.4054, $2,560 to Revenue Account No. A10.3473.00, $3,208 to Revenue Account No. A10.3437.00, $14,453 to Revenue Account No. A10.3450.00, $1,043 to Revenue Account No. A10.3450.01, and $24,591 to Revenue Account No. A11.4452.00.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                                 14 Ayes, 1 No, 0 Absent

 

(Memo:  The funds accepted per Resolution No. 80-09 all represent cost of living adjustments for the following programs in addition to the Tobacco Enforcement Program referred to:  Immunization, Family Planning, Children with Special Needs, Rabies, WIC, and Lead.)

 

RESOLUTION NO. 81-09

 

TRANSFER OF FUNDS WITHIN OFFICE FOR THE AGING PROGRAMS

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the sum of $5,000 is transferred from Account No. A6772.474 (Caterer) to Account No. A6772.201 (Equipment) to purchase electric meal carriers for home delivered meals.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                                  14 Ayes, 1 No, 0 Absent

 

RESOLUTION NO. 82-09

 

TRANSFER OF FUNDS WITHIN BIO-TERRORISM PREPAREDNESS ACCOUNT

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the sum of $6,000 is transferred from Account No. A4189.4 to Account No. A4189.2 to cover the cost of equipment within Bio-terrorism Grant Contract.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                                 14 Ayes, 1 No, 0 Absent

 

RESOLUTION NO. 83-09

 

TRANSFER OF FUNDS WITHIN CANCER SCREENING ACCOUNT

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the sum of $600 is transferred from Account No. A4071.4 to Account No. A4071.2 to cover the cost of a new computer.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                                 14 Ayes, 1 No, 0 Absent

 

RESOLUTION NO. 84-09

 

TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO

TOURISM AND CULTURE CONTRACTUAL EXPENSES ACCOUNT

 

Offered by:  Budget and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $50,000 is transferred from Account No. A1990.4 (Contingent) to Account No. A6989.477 (Tourism – Contractual) to finance agreement with the Greater Allegany County Chamber of Commerce for tourism services.

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Reynolds                                                             14 Ayes, 1 No, 0 Absent

 

(Memo:  The transfer approved by Resolution No. 84-09 will finance the agreement approved by Resolution No. 52-09 on March 9, 2009.  The sum of $25,000 was due when the agreement was executed, and the remaining $25,000 will be due on or around October 13, 2009.  The term of the agreement is March 9, 2009 through March 8, 2010.)

 

            Resolution Intro. No. 92-09 (Authorizing the Implementation and Funding in the First Instance of 100 Percent of the Federal Aid Highway and Marchiselli Aid Local Project Eligible Costs of an Economic Recovery Project and Appropriating Funds Therefor) was not pre-filed and was considered from the floor on a motion made by Legislator Fanton, seconded by Legislator Dibble and carried by an affirmative voice vote of the requisite two-thirds of the Board membership.

 

RESOLUTION NO. 85-09

 

AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE OF 100 PERCENT OF THE FEDERAL AID HIGHWAY AND

MARCHISELLI AID LOCAL PROJECT ELIGIBLE COSTS, OF AN

ECONOMIC RECOVERY PROJECT AND APPROPRIATING FUNDS THEREFOR

 

Offered by:  Public Works and Ways and Means Committees

 

            WHEREAS, a Project for the resurfacing of 7.25 miles of Allegany CR 12 from Village of Alfred Line to SR 417, in the County of Allegany Economic Recovery Projects (hereinafter “the Project”), in the County of Allegany, (hereinafter “the Municipality/Sponsor”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 100 percent federal funds and 0 percent non-federal funds, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Allegany County Board of Legislators hereby approves the above Project.

 

            2.         That the Allegany County Board of Legislators authorizes to pay in the first instance the full federal costs and full non-federal costs of any and all phase(s) or portions thereof and hereby appropriates from an account to be designated by the County Treasurer the funds necessary to complete the Project including all phases or portions thereof.

 

            3.         That the Allegany County Board of Legislators makes a 100 percent commitment of the non-federal share (if any) of the costs of Construction/Construction Inspection phase(s) of work for the Project or portions thereof, with the federal share of such costs to be applied directly by the New York State Department of Transportation (hereinafter “NYSDOT”) pursuant to the State/Local Agreement.

 

            4.         That upon completion of the construction of the Project, or a fully usable portion thereof, the County of Allegany agrees to maintain the Project, or fully usable portion thereof, at their sole cost and expense.

 

            5.         That in the event the full federal and non-federal share of the Project exceeds the amount appropriated above, the Allegany County Board of Legislators shall convene as soon as possible to appropriate said excess amount immediately.

 

            6.         That the Chairman of the Allegany County Board of Legislators is hereby authorized to execute all necessary Agreements or certifications on behalf of the County, subject to the County Attorney’s approval as to form and content, with NYSDOT in connection with the advancement or approval of the Project identified in the State/Local Agreement; and providing for the administration of the Project and the municipality’s first instance funding of the non-federal share of project costs and permanent funding of the local share of federal aid and state aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible.

 

            7.         That a certified copy of this Resolution be filed with the New York State Commissioner of the Department of Transportation by attaching it to any necessary Agreement in connection with the Project.

 

            8.         That this Resolution shall take effect immediately.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Reynolds                                                             14 Ayes, 1 No, 0 Absent

 

AUDITS:

 

            A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.

 

            A motion was made by Legislator Truax, seconded by Legislator Kruger and adopted on a roll call vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $3,169,338.45 including prepaid expenses, be approved for payment as recommended by the County Administrator (Voting No:  Ungermann).  (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $3,012,630.)

 

ADJOURNMENT:  The meeting was adjourned at 2:40 p.m. on a motion made by Legislator Hopkins, seconded by Legislator Pullen and carried.