ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

FEBRUARY 22, 2010

** APPROVED **

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CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall.

PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Navy Aviation Machinist’s Mate 3^rd Class Kenneth O. Bellows.

INVOCATION: The Invocation was given by Legislator Pullen.

ROLL CALL: 15 Present; 0 Absent.

APPROVAL OF MINUTES:

The Board meeting minutes of February 5, 2010, were approved on a motion made by Legislator Pullen, seconded by Legislator Fanton and carried.

PRIVILEGE OF THE FLOOR:

Chairman Crandall granted privilege of the floor to BOCES County Government Intern Program Instructor Warren Schmidt. The 2010 Interns were introduced. The roster included: Danielle Armfield, Erin Hurley, and Greg Starks from Andover; Kristina Bromstead and Samantha Cobb from Belfast; Sara-Ann Baldwin, Felecia Noniewicz, and Ashley Woodworth from Genesee Valley; and Nick Foster from Wellsville.

New York State Association of Counties (NYSAC) Deputy Director Mark LaVigne addressed the Board on three separate issues, the first of which was an Albany update. NYSAC Executive Director Stephen Acquario is currently in Albany meeting with legislative staff and planning meetings for the next two weeks with senate and assembly members on legislation and budget issues. NYSAC recently held one of their most successful legislative conferences in history, with over 800 county officials in attendance. President Tom Santulli announced at that conference the establishment of a new Blue Ribbon Task Force on the Future of Farming in NYS. A report is out from Comptroller Thomas DiNapoli regarding the sorry state of New York State sales tax and its impact on the counties and the state. Counties have seen quarterly declines in sales tax revenues; many of them over 10 percent. These declines will have implications on government and also on property taxes. The state legislature is back from recess and will be working from now through April on the state budget. Negotiations are not as far along as usual and they are dealing with an $8.2 billion deficit for state fiscal year 2010-11. The potential for an April 1 on-time budget is unlikely. The counties fared well in the Governor’s proposed executive spending plan, and NYSAC, as the counties’ representatives in Albany, will advocate to keep that position in the final budget. The best case scenario would be that the state will reduce spending, and also that there is neutral or positive implications for the counties. The leadership negotiating the budget all represent New York City, and their priorities are not always in line with the priorities of the counties. It is NYSAC’s responsibility to make sure those leaders understand the concerns and needs of the counties.

Mr. LaVigne reported on the New York Municipal Insurance Reciprocal (NYMIR) Subscriber/Member Capital Distribution Initiative, and presented Chairman Crandall with a check in the amount of $22,872, representing the second or three annual installments. NYMIR was created in 1993 by NYSAC, in conjunction with the Conference of Mayors and the Association of Towns. There was a void at that point, for insurance for municipalities: they were not able to get insurance, or were not able to get enough coverage. The associations all came together and created NYMIR, which started out with 23 municipalities. They now have over 600 municipalities, 24 counties, including Allegany County. The Reciprocal is owned and operated by local governments. Due to strong risk management, stable premiums, and sound investments, NYMIR is in a position of financial strength to be able to give back some of the original investment capital contributed by each member municipality when they joined. Mr. LaVigne also recognized local insurance brokers, Ian Whitehouse and Rich Ewell from Richardson and Stout Insurance Company. Chairman Crandall commented that NYSAC is a strong voice for us in Albany. He expressed appreciation for the NYMIR check and the local efforts of Richardson and Stout Insurance.

Mr. LaVigne presented a certificate of completion for the Dennis A. Pelletier County Government Institute to Legislator Theodore Hopkins. The Pelletier Institute is an educational partnership between Cornell University and NYSAC, and was established several years ago in honor of Dennis A. Pelletier, former President of Monroe County’s Legislature and member of the NYSAC Board of Directors. Legislator Hopkins was also recognized at the recent NYSAC Legislative Conference. He joins William Dibble and Dwight Fanton as Allegany County Legislators who have graduated from the Institute.

Chairman Crandall presented a certificate to Kenneth O. Bellows, former United States Navy Aviation Machinist’s Mate 3^rd Class, in grateful appreciation of his service to our Country. Mr. Bellows’ service dates were from January 1945 to July 1946. Following Basic Training at Memphis, TN, bases and assignments included: NTS, Memphis, TN; NATTC, Norman, OK; NAGS, Jacksonville, FL; NAS, Cecil Field, Jacksonville, FL; and NAS (CASU 22, USS Leyte), Quonset Point, RI. Mr. Bellows 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 presented a certificate to the March 2010 Employee of the Month, Linda Crandall, of the STOP DWI Program and Youth Bureau, in recognition of her hard work and dedication to the County.

Southern Tier West Regional Planning and Development Board Executive Director Richard Zink gave a presentation on the background and purpose of that organization. STW was created in 1969 through Article 12B of the NYS General Municipal Law and supported by ratifying resolutions by each of the three Counties of Allegany, Cattaraugus, and Chautauqua. Funding is derived from federal, state, county, and local municipalities. Some examples of their endeavors: over the past ten years, they have brought over $1.5 million into Allegany County from the Appalachian Regional Commission; grant applications for the Villages of Cuba and Canaseraga and Town of Caneadea; state records management grants for local clerks and information on record retention, microfiche and digitization of records; use of local dollars to leverage federal funds for economic and community development projects; and annual training sessions for local government officials.

Southern Tier West also works through and administers various affiliates including: Southern Tier Extension Railroad Authority (owns the railroad from Corry, PA, to Hornell, NY, operated by the Western New York and Pennsylvania Railroad), Southern Tier Enterprise Development Organization (small business development revolving loan fund), Southern Tier West Development Foundation (grants for local community projects), and the Western Region Corporation (revolving loan fund for IDAs encompassing the five-county area of Erie, Niagara, Chautauqua, Cattaraugus, and Allegany).

Currently, STW is focusing on five major program areas, with everything they do revolving around local government:

· local government services (technical assistance, training, and education)

· information services (community GIS and website services, NYS Data Center, U.S. Census activities, discoversouthwestny.com tourism website)

· broadband initiatives (wireless project to provide access in northern Allegany County, fiber build project across the southern portion of the County, fiber mapping)

· transportation planning (rural transportation planning, local highways, I-86 initiative)

· grant writing

The Southern Tier West Regional Planning and Development Board meets on the third Thursday of each month. Mr. Zink ended his presentation by commenting that partnership creates the strongest programs.

Representatives from the following departments and agencies were present to answer questions regarding their 2009 Annual Reports: County Attorney, County Clerk, Probation, Public Works, and Cornell Cooperative Extension. Legislator Hopkins questioned Public Works Superintendent David Roeske on a reference in his report on the number of red flags lifted from County bridges, and wondered how many new red flags have been posted for that period. Mr. Roeske replied that there were more this year than usual, partly because some of the criteria has changed.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

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

1. The 2009 Annual Report of the County Treasurer of the monies received and disbursed by her in connection with the licensing of dogs and protection of domestic animals therefrom in accordance with Article 7 of the Agriculture and Markets Law was received. A motion was made by Legislator O’Grady, seconded by Legislator Curran and carried to accept the report and direct the County Treasurer to apportion to the towns 75 percent of the surplus, amounting to $6,421.52.

2. March 2010 Calendar of Board and Standing Committee meeting dates.

3. 2010 Allegany County Directory of County, Town, and Village contacts.

4. Report of Intrafund Transfers approved by the County Administrator for the month of January 2010.

5. 2009 Annual Reports from the following departments and agencies were distributed for review: Office for the Aging, Community Services, Coroners, District Attorney, Board of Elections, Emergency Services, Fire Service, Health Department, Human Resources, and Real Property Tax Service Agency. Representatives will be present at the next meeting to answer questions regarding those reports.

The following communications were also acknowledged:

1. County Treasurer Terri Ross filed Certificates of Withdrawal of Delinquent Tax Liens pursuant to Article 11 of the Real Property Tax Law for properties in the Towns of Clarksville, Scio, and Wellsville in the Clerk of the Board’s Office on February 8, 2010.

2. Correspondence from Ellen Graham, from the Clerk of the Board’s Office, and the family of Robert Graham thanking the Board for the flowers sent for the funeral of Mr. Graham.

3. NYSERDA Notice of Completion for the Final Environmental Impact Statement relative to the West Valley Demonstration Project.

4. Public Works Superintendent David Roeske has arranged a tour of the various County facilities for March 25 (changed from previous date of March 24) beginning at 9 a.m.

APPOINTMENTS:

The Clerk of the Board announced that Chairman Curtis W. Crandall has appointed Frederick Sinclair of Scio, New York, to fill the remainder of Brent Reynolds’ unexpired three-year term ending May 31, 2010, as a member of the SOUTHERN TIER WEST REGIONAL PLANNING & DEVELOPMENT BOARD, subject to confirmation by the Board of Legislators.

Chairman Crandall has also reappointed Frederick Sinclair of Scio, New York, as a member of the SOUTHERN TIER WEST REGIONAL PLANNING & DEVELOPMENT BOARD for a three-year term commencing June 1, 2010, and expiring May 31, 2013, subject to confirmation by the Board of Legislators.

Chairman Crandall, in a joint measure with Michael T. O’Brien, Chairman of the Cattaraugus County Board of Legislators, has appointed Jeff Capitani from Directions in Independent Living in Olean to serve on the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD YOUTH COUNCIL for a two-year term expiring December 31, 2011.

PROCLAMATION:

Chairman Curtis W. Crandall proclaimed the month of March 2010 as Tourism Month in Allegany County and called upon the people of the County to observe this month by taking pride in their communities and county by working together to enhance our quality of life, maintain our beautiful scenery, and to share our heritage. New winter activities guides were distributed.

RESOLUTIONS:

RESOLUTION NO. 51-10

TRANSFER OF FUNDS WITHIN PUBLIC SAFETY COMPLEX –

BUILDINGS AND GROUNDS ACCOUNT

Offered by: Public Works and Ways and Means Committees

RESOLVED:

1. That the sum of $20,817 is transferred from Account No. A3152.4 (Public Safety Complex – Buildings and Grounds – Contractual) to Account No. A3152.1 (Jail Maintenance – Regular Pay), to fund the Cleaner position.

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 52-10

ACCEPTANCE OF INCREASED FEDERAL AID TO

OFA-HIICAP APPROPRIATION AND REVENUE ACCOUNTS

Offered by: Human Services and Ways and Means Committees

RESOLVED:

1. That the sum of $5,570 in increased federal aid to OFA-HIICAP Appropriation and Revenue Accounts is accepted.

2. That the accepted sum of $5,570 is appropriated as follows: $3,050 to Account No. A6782.2 and $2,520 to Account No. A6782.4, with a like sum credited to Revenue Account No. A11.4772.06.

Moved by: Mr. Pullen Adopted: Roll Call

Seconded by: Mr. Fanton 15 Ayes, 0 Noes, 0 Absent

RESOLUTION NO. 53-10

REAPPROPRIATION OF NEW YORK STATE HOMELAND SECURITY GRANT FUNDS NOT SPENT IN CALENDAR YEAR 2009 (CONTRACT #C838275)

FOR PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC)

Offered by: Public Safety and Ways and Means Committees

RESOLVED:

1. That Homeland Security Grant funding for Public Safety Interoperable Communications (PSIC) not spent in calendar year 2009 in the amount of $1,876,496 is reappropriated to Account No. A3645.217 (Homeland Security - Equipment), with a like amount placed in Revenue Account No. A10.3306.SHF7 (State Aid Homeland Security – Sheriff).

Moved by: Mr. Healy Adopted: Roll Call

Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent

(Memo: The grant funds reappropriated in Resolution No. 53-10 will be used to upgrade radio communications. The grant was originally accepted by Resolution No. 143-08 on August 25, 2008, contingent on identifying a source for the local share match of $423,118.99. Resolution No. 158-09 on September 14, 2009, appropriated grant funds in the amount of $1,700,475.96, and local funds amounting to $200,000 in 2009 and $223,118.99 in 2010 for the local share match.)

RESOLUTION NO. 54-10

REAPPROPRIATION OF UNEXPENDED FUNDS FROM THE SFY 09-10

CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS)

TO THE COUNTY 2010 BUDGET

Offered by: Public Works and Ways and Means Committees

RESOLVED:

1. That the sum of $349,871 in unexpended funds from the SFY 09-10 Consolidated Highway Improvement Program (CHIPS) is reappropriated to Account No. D5112.223 (County Road CHIPS Paving), with a like sum credited to Revenue Account No. D10.3501.00 (State Aid – CHIPS).

Moved by: Mr. Fanton Adopted: Roll Call

Seconded by: Mr. Curran 15 Ayes, 0 Noes, 0 Absent

Comments made regarding Resolution No. 54-10 included: Mr. Ungermann questioned if the remaining CHIPS funds could be used for an additional bridge project. Chairman Crandall noted that the funds could be used for anything that falls under the CHIPS program. Public Works Superintendent David Roeske replied that historically the funds have been used for paving and road work, but they could be used for bridges.

RESOLUTION NO. 55-10

APPROVAL OF ALTERNATIVES TO INCARCERATION/

SERVICES FOR SHARED POPULATION CONTRACT #C070467

BEGINNING JULY 1, 2009, TO JUNE 30, 2010,

AS SUBMITTED BY COUNTY PROBATION DIRECTOR;

AUTHORIZING PROBATION DIRECTOR TO EXECUTE DOCUMENTS AND AUTHORIZING CHAIRMAN TO CERTIFY APPROVAL

Offered by: Public Safety and Ways and Means Committees

Pursuant to Executive Law Article 13-A-Alternatives to Incarceration Service Plans

RESOLVED:

1. That the Alternatives to Incarceration/Services for Shared Population: Defendants and Offenders with Mental Illness, Contract #C070467 beginning July 1, 2009, to June 30, 2010, providing for a Forensic Clinical Coordinator to provide mental health services to offenders on pre-trial and probation supervision, is approved.

2. The Director of Probation is authorized to execute and deliver all agreements necessary to complete the approval process for such Incarceration/Services.

3. That the Chairman of this Board is authorized to certify such approval on such Incarceration/Services.

Moved by: Mr. Healy Adopted: Roll Call

Seconded by: Mr. Hopkins 15 Ayes, 0 Noes, 0 Absent

(Memo: The contract approved by Resolution No. 55-10 was originally a two-year contract that began on July 1, 2007. The Probation Department was notified in 2009 that a third year of funding was available for this project; they applied for and received it.)

RESOLUTION NO. 56-10

CREATING ONE POSITION OF PUBLIC HEALTH TECHNICIAN

IN HEALTH DEPARTMENT

Offered by: Human Services Committee

RESOLVED:

1. That one position of Public Health Technician is created in the Health Department.

2. This resolution shall take effect on February 23, 2010.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. Pullen 13 Ayes, 2 Noes, 0 Absent

Voting No: Cady, O’Grady

(Memo: The Public Health Technician position created by Resolution No. 56-10 will be fully funded by state monies, and replaces an Account Clerk Typist position in Environmental Health that was eliminated. In their efficiency study, Altreya recognized the need for more program staff and less support staff. This new position will be able to generate revenue and assist the sanitarians, whom the study revealed, are understaffed compared to their duties, for only $128 more annually than the Clerk was paid. The Technician will do the support staff work that was being done by an Account Clerk Typist, plus fieldwork that will generate revenue, that the Clerk could not.)

AUDITS:

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

A motion was made by Legislator Hopkins, seconded by Legislator Sinclair and adopted on a roll call vote of 14 Ayes, 1 Noes, 0 Absent, that the audit of claims, totaling $2,878,183.79, including prepaid expenses, be approved for payment as recommended by the County Administrator (opposed: Ungermann). (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $1,041,663.)

ADJOURNMENT: The meeting was adjourned at 3:05 p.m. on a motion made by Legislator Pullen, seconded by Legislator Ungermann and carried.