ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 

JANUARY 11, 2010

 

** 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 former United States Marine Corps Sergeant John L. Baldwin.

 

INVOCATION:  The Invocation was given by Legislator Pullen.

 

ROLL CALL:  15 Present; 0 Absent.

 

APPROVAL OF MINUTES:

 

            The Board meeting minutes of December 14, 2009, were approved on a motion made by Legislator Fanton, seconded by Legislator Pullen and carried.

 

            The Board meeting minutes of December 28, 2009, were approved on a motion made by Legislator O’Grady, seconded by Legislator Fanton and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall presented a certificate to John L. Baldwin, former United States Marine Corps Sergeant, in grateful appreciation of his service to our Country.  Mr. Baldwin’s service dates were from January 1964 to January 1968.  He participated in Basic Training at Paris Island, and served in the Vietnam War in the 1st Marine Division.  Commendations Mr. Baldwin received included:  National Defense Service Medal, Good Conduct Medal (2), Vietnam Service Medal (2), and Purple Heart Medal (2).  Mr. Baldwin 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 Joyce Weimer and Julie Cunningham from the Allegany County United Way.  United Way still invests in 27 agencies and programs throughout the County, but they have begun to create initiatives in order to have a bigger impact on the community.  Focus has been narrowed to the areas of education, income, and health.  “Success by Six” is an example of an education initiative to fund early childhood development.  Last year, under the income initiative, United Way began doing tax preparation through the Earned Income Tax Credit Program for people who qualify economically.  Seventeen volunteers spent 700 hours working on 182 tax returns to bring back $124,000 to Allegany County.  This year, Ms. Weimer wrote a grant application, and United Way will receive $12,500 to focus on an assets summit and create a structure where people with low income and disabilities can come to get their taxes done for free.  Ms. Weimer noted the positive financial impact for people of the County.  United Way volunteers can do free tax preparation for those with incomes under $48,000 for a family with three children.  Predatory practices involving large fees to prepare income taxes and high rates of interest for refund anticipation loans are a source of concern, and United Way is trying to publicize their service.  The grant funding has allowed the creation of a coalition, adding banks and credit unions, going beyond tax preparation and working toward financial stability and creating financial assets.  The coalition has also created the potential for 30 certified tax preparers and more sites.  The grant funds also enable them to raise awareness through more publicity and advertising.  United Way will be participating in the National Earned Income Tax Credit Kick-Off Day on Friday, January 29, and they requested a proclamation.

 

            Privilege of the floor was granted to Allegany County Farm Bureau President Ernie Ramsey.  New York State Farm Bureau recently presented the County Chapter with a trophy for achieving the highest membership recruitment and retention in the state.  Mr. Ramsey noted that this was quite an honor for a small county with only 229 members.  He thanked the former Board members for their support of agriculture, and stated that he looks forward to working with the new members.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

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

 

            1.         Board Organization meeting minutes of January 4, 2010, for review.

 

The following communications were also acknowledged:

 

            1.         County Attorney Thomas Miner filed a Designation of Succession in the Clerk of the Board’s Office on January 5, 2010.  Leslie J. Haggstrom was named as First Assistant County Attorney, Carissa M. Knapp as Second Assistant, and Nora Carnes as Third Assistant.

 

            2.         Southern Tier West Regional Planning and Development Board meeting minutes from December 17, 2009, and meeting notice for January 21, 2010.

 

APPOINTMENTS:

 

            The Clerk of the Board announced that Chairman Crandall appointed the following as members of the FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD, effective immediately, to serve at his pleasure:

 

            Deborah Clark, Wellsville                             Jody Collins, Friendship

            Michael Doyle, Cuba                                    Robert Ellis, Belmont

            Darwin Fanton, Wellsville                             Marcia Habberfield, Scio

            Susan Myers, Friendship                             Jerry Scott, Cuba

            William Zacher, Friendship                          Frederick Sinclair, Scio

            John Foels, Angelica

 

            Pursuant to Local law No. 2-94, John Foels, as an officer of Allegany County government, will serve as Chairman of the Friendship Empire Zone of Allegany County Administrative Board.

 

RESOLUTIONS:

 

            Resolution Intro. No. 5-10 (Appointment of County Auditor) was removed from the table following a motion made by Legislator Hopkins, seconded by Legislator Fanton and carried.  It was originally tabled on January 4, 2010.

 

RESOLUTION NO. 21-10

 

APPOINTMENT OF COUNTY AUDITOR

 

Offered by:  Legislator Dwight R. Fanton

 

Pursuant to County Law § 600

 

            RESOLVED:

 

            1.         That John E. Margeson is appointed County Auditor with term of office to commence January 1, 2010, and expire December 31, 2013.

 

            Moved by:  Mr. Hopkins                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

Comments made regarding Resolution No. 21-10 included:  Legislator Pullen noted a memo prepared by the County Attorney in which he stated his opinion that there is no conflict in having the same person hold the offices of County Auditor and County Budget Officer.  Mr. Pullen felt this was an efficient way to handle the pre-auditing of claims, while still giving the Board final authority.

 

RESOLUTION NO. 22-10

 

APPROVAL OF BOARD CHAIRMAN’S APPOINTMENT OF HARVEY SCOTT SPILLANE AS DIRECTOR OF COUNTY VETERANS’ SERVICE AGENCY

 

Offered by:  Personnel Committee

 

Pursuant to Executive Law § 357 and Resolution No. 58-45

 

            RESOLVED:

 

            1.         That the appointment by the Chairman of this Board of Legislators of Harvey Scott Spillane as Director of the County Veterans’ Service Agency for a term commencing January 1, 2010, and ending December 31, 2010, is approved.

 

            Moved by:  Mr. O’Grady                                                                         Adopted:  Voice Vote

            Seconded by:  Mr. Fanton

 

 

            RESOLUTION INTRO. NO. 23-10 (UPGRADING DEPUTY COUNTY TREASURER IN COUNTY TREASURER’S OFFICE; AMENDING NON-UNIT SALARY PLAN) was TABLED following a motion made by Legislator Pullen, seconded by Legislator Sinclair and carried.

 

 

            RESOLUTION INTRO. NO. 24-10 (AMENDING PEF SALARY PLAN BY CREATING TITLE AND POSITION OF SENIOR ACCOUNTANT) was TABLED following a motion made by Legislator Pullen, seconded by Legislator Curran and carried.

 

 

RESOLUTION NO. 23-10

 

APPOINTMENT OF FOUR MEMBERS TO THE

CITIZENS ADVISORY COUNCIL TO THE OFFICE FOR THE AGING

 

Offered by:  Human Services Committee

 

Pursuant to Resolution No. 221-74

 

            RESOLVED:

 

            1.         That the appointments of Keith Folts of Fillmore, New York, Reita Sobeck-Lynch of Wellsville, New York, Beverly Armstrong of Wellsville, New York and Mona Pettit of Cuba, New York, to the Citizens Advisory Council to the Office for the Aging, with term of office for each commencing January 1, 2010, and expiring December 31, 2012, are confirmed.

 

            Moved by:  Mr. Burdick                                                                          Adopted:  Voice Vote

            Seconded by:  Mr. Pullen

 

RESOLUTION NO. 24-10

 

APPROVAL OF MEMORANDUM OF AGREEMENT WITH

CORNELL COOPERATIVE EXTENSION ASSOCIATION OF ALLEGANY COUNTY AND AUTHORIZING CHAIRMAN TO EXECUTE MEMORANDUM OF AGREEMENT; AUTHORIZING COUNTY TREASURER TO MAKE APPROPRIATION PAYMENTS

IN RELATION TO THE 2010 BUDGETARY APPROPRIATION FOR

THE WORK OF SUCH ASSOCIATION

 

Offered by:  Public Works Committee

 

Pursuant to County Law § 224 (8)

 

            RESOLVED:

 

            1.         That Memorandum of Agreement between the County of Allegany and the Cornell Cooperative Extension Association of Allegany County, dated January 1, 2010, in relation to the payment of appropriations to such Association by the County and the providing of services for such appropriations is approved, and the Chairman of this Board is authorized to execute such Memorandum of Agreement.

 

            2.         That the County Treasurer is authorized and directed to pay one-half of the sum provided in the 2010 County Final Budget for such Association in advance on the first day of each half of the year beginning January 2010, to be used by such Association pursuant to the terms and conditions of such Agreement; such payments to be made to the duly bonded Treasurer of such Association.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              12 Ayes, 3 Noes, 0 Absent

                                                                                              Voting No:  O’Grady, Russo, Ungermann

 

Comments made regarding Resolution No. 24-10 included:

 

Legislator O’Grady stated that Cornell Cooperative Extension’s programs are good programs, and some County programs are partially staffed or funded through Cornell Cooperative Extension, but if we’re going to control the tax rate, the only choice at this point is to cut services.  We need to start by cutting non-mandated services, even though it will always be a tough and unpopular decision.

 

Legislator Ungermann noted that we would like to see the cost/benefit ratio for some of these programs, but he also agreed with Mr. O’Grady.

 

Chairman Crandall has suggested that some of these agencies that receive funding from the County should be invited to a special Committee of the Whole meeting to explain their programs.

 

Legislator Pullen pointed out that the County’s budget appropriation to Cornell Cooperative Extension of $206,000 results in significant cost savings for the County.  We have to cut expenses, but cutting a program just because it’s non-mandated is making those cuts with too blunt a tool.  Cornell Cooperative Extension picks up the cost of fringe benefits for several County positions, resulting in savings in 2009 in excess of $160,000, so the net County cost is more in the range of $40,000.  One of the programs almost completely staffed by Cooperative Extension is WIC, and that program brings over $1 million into the County which is then spent at local businesses.  These are not simple issues.  Before a program is carved out, we need to consider doing it carefully where appropriate.

 

RESOLUTION NO. 25-10

 

APPROVAL OF AIR MEDICAL SERVICES CONTRACT WITH

MERCY FLIGHT, INC. FOR 2010

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That Air Medical Services Contract between Mercy Flight, Inc. and the County of Allegany, in relation to providing air medical services in Allegany County in 2010 is approved.

 

            2.         That the Chairman of this Board is authorized to execute such contract.

 

            Moved by:  Mr. Burdick                                                                                Adopted:  Roll Call

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

                                                                                                                                      Voting No:  Cady

 

AUDITS:

 

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

 

            A motion was made by Legislator Hopkins, seconded by Legislator O’Grady and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,586,573.06 including prepaid expenses, be approved for payment as recommended by the County Administrator.  (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $148,809.)

 

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