ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

JANUARY 25, 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 Navy Airman Joel David Vanik.

INVOCATION: The Invocation was given by Legislator David Pullen, preceded by a moment of silence for former Allegany County Weights and Measures Director Alan Chamberlain, who passed away recently.

ROLL CALL: 14 Present; 1 Absent (Legislator Fanton).

APPROVAL OF MINUTES:

The Board Organization meeting minutes of January 4, 2010, were approved on a motion made by Legislator Hopkins, seconded by Legislator Curran and carried. Legislator Ungermann commented on County Attorney Thomas Miner’s statement to the Board on January 4 in which Mr. Miner expressed concern that the lawsuit started by the Allegany County Citizens for Responsible Government was a waste of time and the taxpayers’ money. Mr. Ungermann referred to a comment made by Bovis Lend Lease at the December 2 Court Facilities meeting that the Project Labor Agreement wouldn’t make any difference in cost for the Court Facilities Project, and the purchase of two properties on Court Street as examples of how he felt the County was wasting money. Mr. Ungermann also stated his opinion that we may need to do more of our own legal work to save taxpayers’ money. The County spends approximately $140,000 annually in outside legal services.

The Board meeting minutes of January 11, 2010, were approved on a motion made by Legislator Pullen, seconded by Legislator Hopkins and carried.

PUBLIC HEARING:

Chairman Crandall closed the regular meeting at 2:07 p.m. to hold a public hearing on Local Law Intro. No. 1-2010, entitled, “A Local Law to Amend Local Law No. 2 of 1985, as Amended, in Relation to Eliminating the Development Advisory Board.” There being no one desiring to speak, the public hearing was declared closed at 2:08 p.m., and the Board reconvened in regular session.

PRIVILEGE OF THE FLOOR:

Chairman Curtis W. Crandall presented a certificate to Joel David Vanik, former United States Navy Airman, in grateful appreciation of his service to our Country. Mr. Vanik’s service dates were from May 1968 to May 1971. Following Basic Training at Great Lakes, IL, schooling and duty stations included Memphis, TN, Lemoore, CA, Camp Pendleton, CA, and overseas service in Vietnam. Commendations Mr. Vanik received included: National Defense Medal, Combat Action Ribbon, Vietnam Service Medal, and Vietnam Campaign Medal. Mr. Vanik 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 February 2010 Employee of the Month, Tina Zalar, from the Department of Social Services, in recognition of her hard work and dedication to the County.

Chairman Crandall granted privilege of the floor to Allegany County Agricultural Society President Martha Roberts. The Agricultural Society, commonly known as the Allegany County Fair, was formed in 1844. The Fair showcases the agriculture industry around the County and New York State. Their purpose is not only to showcase, but also to educate everyone who comes. The Fair is vital to the 4-H Program, youth, and open class participants. Mrs. Roberts listed some of the programs available, such as animals, domestic arts, and public speaking. Participants have the opportunity to learn by talking with the judges. The Fair is also a gathering place for people. Income for the Fair is generated through gate fees, donations, vendors, and use of the Fairgrounds April to October. In addition to the many events during Fair week, things that take place on the grounds include horse shows, reunions, group campouts, and weddings. Grounds use accounts for about 30,000 people coming to visit Allegany County, and depending on what’s going on, they travel to other places in the County while they’re here. The Agricultural Society doesn’t charge Office for the Aging or Public Works for County-run functions on the grounds; for others, there is a fee. Mrs. Roberts listed some of the yearly expenses, which totaled close to $300,000 in 2009. They only receive $8,700 from New York State Ag and Markets, so income has to cover the rest. Expenses keep going up, but the Agricultural Society has not asked for an increase in its County appropriation, which has remained the same since at least 1994 when Mrs. Roberts joined the Board of Directors. They have tried to work within their budget and hold the line, and they have also done that with the admission fee of $8 that covers everything for the entire day, except Friday night’s entertainment. Mrs. Roberts listed some of the major projects accomplished over the past ten years, made possible through state senators’ member item funding and the Board of Legislators’ appropriations, and she highlighted plans for 2010. Mrs. Roberts expressed her appreciation of the Board’s support. Chairman Crandall commented that last year was the first time this Board held a meeting during Fair week at the Fairgrounds, and he noted we would be back again this year.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

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

1. February 2010 Calendar of Board and Standing Committee meeting dates. Legislator Pullen requested that the Office for the Aging Legislative Luncheon on February 19 at 10:30 a.m. be added.

2. Legislator Compensation Table for 2009.

3. Journal of Proceedings for 2008.

The following communications were also acknowledged:

1. Allegany County Agricultural Society Financial Report for the 2009 Fair.

2. Notification was received that the Personnel Committee has appointed Douglas A. Dillon as Executive Secretary of the Allegany County Mutual Self-Insurance Plan for 2010.

3. Allegany County Budget Officer John Margeson filed a Certificate of Appointment with the Clerk of the Board on January 14, 2010, appointing Terri L. Ross as Deputy Budget Officer, to serve as his pleasure.

4. Allegany County Auditor John Margeson filed a Certificate of Appointment with the Clerk of the Board on January 14, 2010, appointing Edwin E. Dibert as Deputy County Auditor, to serve at his pleasure.

5. County Treasurer Terri Ross filed a Certificate of Withdrawal of Delinquent Tax Lien pursuant to Article 11 of the Real Property Tax Law for property in the Town of Bolivar in the Clerk of the Board’s Office on January 21, 2010.

6. The Allegany County Implementation Group forwarded a summary of Allegany County’s progress relating to the Comprehensive Plan during 2009.

7. Correspondence from Office for the Aging Director Kimberley Toot announcing the annual Legislative Luncheon to be held on Friday, February 19, at the American Legion in Belmont beginning at 10:30 a.m.

8. U.S. Department of Energy’s Final Environmental Impact Statement for Decommissioning and/or Long-Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center.

9. Invitation for the Greater Allegany County Chamber of Commerce Business After Hours event on February 4, at the Belvidere Restaurant beginning at 5:30 p.m.

APPOINTMENTS:

The Clerk of the Board announced that Chairman Crandall has appointed Roger Mitchell, representing Friendship Dairies, as the Local Business Representative on the FRIENDSHIP EMPIRE ZONE OF ALLEGANY COUNTY ADMINISTRATIVE BOARD, effective immediately, to serve at his pleasure.

PROCLAMATION:

Chairman Curtis W. Crandall proclaimed January 29, 2010, as Earned Income Tax Credit (EITC) Awareness Day in Allegany County to encourage qualified citizens to seek the free tax service provided by the Allegany County United Way Coalition to maximize their assets in light of our current economy.

RESOLUTIONS:

Resolution Intro. No. 23-10 (Upgrading Deputy County Treasurer in County Treasurer’s Office; Amending Non-Unit Salary Plan) was removed from the Table following a motion made by Legislator Hopkins, seconded by Legislator Burdick and carried. The resolution was originally tabled on January 11.

RESOLUTION NO. 26-10

UPGRADING DEPUTY COUNTY TREASURER IN COUNTY TREASURER’S OFFICE; AMENDING NON-UNIT SALARY PLAN

Offered by: Ways and Means Committee

WHEREAS, the County Treasurer has upgraded the position of Deputy County Treasurer in the County Treasurer’s Office, now, therefore, be it

RESOLVED:

1. That the position of Deputy County Treasurer in the County Treasurer’s Office is upgraded from Grade 8 to Grade 9, Step 10 in the Non-Unit Salary Plan.

2. This resolution shall take effect on January 12, 2010.

Moved by: Mr. Hopkins Adopted: Roll Call

Seconded by: Mr. Burdick 12 Ayes, 2 Noes, 1 Absent

Voting No: Curran, Ungermann

(Memo: The upgrade approved by Resolution No. 26-10 was requested in order to create a slot for a Senior Accountant in the Treasurer’s Office.)

Comments made regarding Resolution No. 26-10 included the following:

Legislator Ungermann noted that his understanding of changing grades and steps is that it’s a part of the progression in years of service. This resolution and the next one are accelerating the issue, and the people involved already received a pay increase at the first of the year. Mr. Ungermann felt the matter should be discussed at the next budget session.

Legislator Hopkins responded that this issue was supposed to be acted upon at the end of last year, but was neglected in error.

Resolution Intro. No. 24-10 (Amending PEF Salary Plan by Creating Title and Position of Senior Accountant) was removed from the Table following a motion made by Legislator Hopkins, seconded by Legislator Burdick and carried.

RESOLUTION NO. 27-10

AMENDING PEF SALARY PLAN BY CREATING TITLE AND POSITION OF

SENIOR ACCOUNTANT

Offered by: Ways and Means Committee

RESOLVED:

1. That the County PEF Salary Plan is amended by creating the title and position of Senior Accountant. That such title is placed in Grade 8, Step 5 of such PEF Salary Plan.

2. This resolution shall take effect on January 12, 2010.

Moved by: Mr. Hopkins Adopted: Roll Call

Seconded by: Mr. Burdick 12 Ayes, 2 Noes, 1 Absent

Voting No: Curran, Ungermann

(Memo: The position referred to in Resolution No. 27-10 is the “County-wide” accountant who has general oversight of all fiscal positions within the County. All departmental financials roll to this position for implementation and documentation. This employee currently does those duties, but the position needs to be separated from departmental accountants by distinguishing it as a senior level. The new title would be one grade higher.)

RESOLUTION NO. 28-10

ADOPTION OF LOCAL LAW INTRO. NO. 1-2010, PRINT NO. 1,

TO AMEND LOCAL LAW NO. 2 OF 1985, AS AMENDED,

IN RELATION TO ELIMINATING THE DEVELOPMENT ADVISORY BOARD

Offered by: Ways and Means Committee

RESOLVED:

1. That proposed Local Law Intro. No. 1-2010, Print No. 1, is adopted without any change in language, to wit:

COUNTY OF ALLEGANY

Intro. No. 1-2010 Print No. 1

A LOCAL LAW TO AMEND LOCAL LAW NO. 2 OF 1985, AS AMENDED,

IN RELATION TO ELIMINATING THE DEVELOPMENT ADVISORY BOARD

BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows:

Section 1. Section four of Local Law No. 2 of 1985, as last amended by Local Law No. 1 of 1995, is amended to eliminate the Development Advisory Board by deleting section four.

Section 2. This local law shall take effect immediately.

Moved by: Mr. Hopkins Adopted: Roll Call

Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 29-10

A RESOLUTION (1) DESIGNATING A RECOVERY ZONE PURSUANT TO

THE AMERICAN RECOVERY AND REINVESTMENT TAX ACT OF 2009 FOR THE PURPOSE OF ISSUING RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS AND

(2) ASSIGNING RECOVERY ZONE FACILITY BOND VOLUME CAP TO

THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY PURSUANT TO

THE AMERICAN RECOVERY AND REINVESTMENT TAX ACT OF 2009 FOR THE PURPOSE OF ISSUING RECOVERY ZONE FACILITY BONDS

Offered by: Ways and Means Committee

WHEREAS, pursuant to the American Recovery and Reinvestment Tax Act of 2009, codified in Title 26 of the United States Code (“ARRA”) and Internal Revenue Service, Notice 2009-50, issued on June 12, 2009, Allegany County (the “County”) has received (1) an allocation of the national Recovery Zone Economic Development Bonds limitation in the amount of $1,684,000 (the “Recovery Zone Economic Development Bond Allocation”) and (2) an allocation of the national Recovery Zone Facility Bonds limitation in the amount of $2,526,000 (the “Recovery Zone Facility Bond Allocation”), and

WHEREAS, Section 1400U-1 of the Internal Revenue Code of 1986, as amended (the “Code”) authorizes the County, as the issuer of the Recovery Zone Economic Development Bonds issued pursuant to the Recovery Zone Economic Development Bond Allocation, to designate an area within the County that the County will determine has a significant level of one or more of the following factors: poverty, unemployment, home foreclosures, or general distress and designate as a “recovery zone” for the purpose of issuing Recovery Zone Economic Development Bonds under Section 1400U-2 of the Code (the “Economic Development Bond Recovery Zone”), and

WHEREAS, the County understands that (1) Allegany County Industrial Development Agency (the “Agency”) desires to use the Recovery Zone Facility Bond Allocation to issue Recovery Zone Facility Bonds pursuant to Section 1400U-3 of the Code, (2) accordingly, the Agency is requesting that the County assign the County’s Recovery Zone Facility Bond Allocation to the Agency, and (3) if such assignment is made to the Agency, Section 1400U-1 of the Code authorizes the Agency, as the issuer of the Recovery Zone Facility Bonds issued pursuant to the Recovery Zone Facility Bond Allocation, to designate an area within the County that the Agency will determine has a significant level of one or more of the following factors: poverty, unemployment, home foreclosures, or general distress and designate as a “recovery zone” for the purpose of issuing Recovery Zone Facility Bonds under Section 1400U-3 of the Code (the “Facility Bond Recovery Zone”), and

WHEREAS, the County understands that, pursuant to the provisions of ARRA, both the Recovery Zone Economic Development Bonds and the Recovery Zone Facility Bonds must be issued prior to January 1, 2011, and

WHEREAS, the County understands that the Agency will use the proceeds of the Recovery Zone Facility Bonds to finance expenditures for recovery zone property, within the meaning of Code Section 1400U-3(c), with respect to the Facility Bond Recovery Zone, and

WHEREAS, the County is authorized by applicable federal, state and local law to assign the Recovery Zone Facility Bond Allocation, in whole or in part, to the Agency for the purposes provided herein, now, therefore, be it

RESOLVED:

1. The entire County of Allegany may be designated a recovery zone because the County has an unemployment rate exceeding 8.1 percent in October 2009, an estimated poverty rate of 16.7 percent in calendar year 2007, a rate of home mortgage delinquency that has increased in the third quarter of calendar year 2009, and is generally economically distressed by these factors. These conditions are a consequence of the recent housing market collapse, the impact of the national recession, and the fiscal crisis experienced by the State of New York and local communities. Accordingly, for purposes of Sections 1400U-1 and 1400U-2 of the Code, the County hereby designates the entire County of Allegany as a recovery zone. The recovery zone shall be identified as the “Allegany County Recovery Zone.”

2. The Board of Legislators of the County in good faith hereby assigns and transfers $2,526,000 of the County’s Recovery Zone Facility Bond Allocation to the Agency in order that the Agency may issue Recovery Zone Facility Bonds in order to finance expenditures for recovery zone property, within the meaning of Code Section 1400U-3(c), with respect to the Facility Bond Recovery Zone to be designated by the Agency for purposes of Sections 1400U-1 and 1400U-3 of the Code.

3. The appropriate staff and officers of the County are authorized and directed to take all necessary steps and do such acts to execute, acknowledge and deliver all such documents as may in their discretion be deemed necessary or desirable in order to carry out or comply with the terms and provisions of this resolution in connection with assigning the County’s Recovery Zone Facility Bond Allocation to the Agency.

4. This Resolution shall take effect immediately.

Moved by: Mr. Hopkins Adopted: Roll Call

Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent

Comments made regarding Resolution No. 29-10 included the following:

Industrial Development Agency Attorney Daniel Spitzer explained the purpose of the resolution. The federal government, as part of the stimulus package, created opportunities for both public and private entities to obtain tax exempt, or less than tax exempt, financing on a number of projects. In other words, the stimulus didn’t work in just allocating money, it also allocated other financial incentives, in this particular case, tax exempt financing for potential private projects that would not ordinarily be available to them. The way it works is that a private individual would come to the IDA, and a bond would be issued in their name. They would be solely responsible; it’s not a County debt in any way; it doesn’t involve County funds. The U.S. Treasury would then issue to that borrower a check equal to 45 percent of the taxable interest rate. Normally, a tax-exempt rate is about 35 percent of the taxable rate, and when they did the original Buy America Bond, the subsidy was 35 percent. These have been called Super Buy America Bonds, because the subsidy the U.S. Treasury is providing is 45 percent. It’s specifically available to Allegany County in the amount of $1.6 million for County facilities, and $2.52 million for private facilities, because of the combination of the poverty rate and the unemployment rate. This resolution designates the County as a recovery zone, requests that both the County and private industry to potentially receive the benefits of these bonds, and it allocates the IDA, which is the organization set up by the County for the purpose of economic development, to issue the bonds to entities that meet the requirements. The IDA has been discussing potential projects with the Planning and Economic Development Committee, although there are no specific projects lined up. The reason for the timing on this resolution is that we are required to notify the state by January 29 if we plan to use the allocations, as opposed to giving them back to the state. If we give them back, the allocations will probably end up in a down-state county and we’ll never see it again. Legislator Ungermann asked if some of this money could be used to extend the waterline from Wellsville out the Andover Road so some of those businesses could expand. Mr. Spitzer responded that it could, although normally that type of business should be tax-exempt anyway, because that can be done through either a County or local district. If a private entity was paying for it, that private entity could come to the IDA and request that the bonds be used for that purpose. So the answer is yes; however, he noted that normally a waterline extension is already eligible for tax exempt financing through either a town or county facility.

RESOLUTION NO. 30-10

RESOLUTION ACCEPTING THE DONATION OF

TWO WNED RADIO TOWERS AND THEIR ASSETS FROM

THE WESTERN NEW YORK PUBLIC BROADCASTING ASSOCIATION OF NEW YORK

Offered by: Public Safety and Ways and Means Committees

WHEREAS, the County of Allegany has been using the two WNED Radio Towers for the purpose of public safety radio communication, and

WHEREAS, the two Radio Towers are located at 4143 Hamilton Road, Town of Cuba and 5310 Hall Road, Town of Granger, and

WHEREAS, Western New York Public Broadcasting Association of New York has decided to turn over ownership of these two Radio Towers to the County of Allegany, now, therefore, be it

RESOLVED:

1. That this Board of Legislators accepts the donation of the Radio Tower located at 4143 Hamilton Road, Cuba, New York and the Tower located at 5310 Hall Road, Granger, New York from the Western New York Public Broadcasting Association of New York.

2. That the Chairman of this Board is authorized to sign any and all documents to effectuate the transfer of these two Radio Towers located in Allegany County.

Moved by: Mr. Healy Adopted: Roll Call

Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent

Comments made regarding Resolution No. 30-10 included the following:

Legislator Healy explained that both of the towers are currently being used by the County, and have been since 2007 when they were turned over to the County. This resolution is just a formality to complete the transfer process. The towers were owned by a tax-exempt public broadcasting entity, so there is no loss of property tax revenue. This process helps to complete the Emergency Services and Fire Service communication system for the northern part of the County. The tower sites are maintained by the Department of Public Works, and there is an outside contract for the equipment.

RESOLUTION NO. 31-10

REAPPROPRIATION OF 2009 CALENDAR YEAR GRANT FUNDS FROM

NEW YORK STATE OFFICE OF HOMELAND SECURITY

TO HOMELAND SECURITY ACCOUNTS

Offered by: Public Safety and Ways and Means Committees

RESOLVED:

1. That Homeland Security Program grant funding totaling $43,798.20 not spent in calendar year 2009 is reappropriated to Account No. A3645.218, with a like sum credited to Revenue Account No. A10.3306.EMG8.

Moved by: Mr. Healy Adopted: Roll Call

Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent

(Memo: The grants referred to in Resolution No. 31-10 were originally accepted by Resolution No. 50-08, dated March 10, 2008, Contract #C838270, used for E-911 communications, total grant was $63,000 of which $62,883.56 was spent through 2009, leaving $116.44 to be reappropriated; and Resolution No. 41-09, dated February 23, 2009, Contract #C838280, used for GIS hardware and software upgrades, total grant was $71,250 of which $27,568.24 was spent in 2009, leaving $43,681.76 to be reappropriated.)

RESOLUTION NO. 32-10

A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF

TOWN BRIDGE NO. 01-11 (BIN 2213720) IN TOWN OF ALFRED

Offered by: Public Works and Ways and Means Committees

Pursuant to Highway Law § 238 and Resolution No. 65-95

WHEREAS, the County Public Works Department has submitted a report to this Board stating its reasons why Town Bridge No. 01-11 (BIN 2213720) on East Valley Road in the Town of Alfred should be reconstructed, and

WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the reconstruction of such Bridge and estimated the project costs at $196,000, and

WHEREAS, such Bridge qualifies under the Cost Sharing Plan set forth in Resolution No. 65-95, now, therefore, be it

RESOLVED:

1. That this Board of Legislators does determine that it considers Town Bridge No. 01-11 (BIN 2213720) on East Valley Road in the Town of Alfred to be of sufficient importance to be reconstructed.

2. That the plans, maps and specifications prepared by the County Public Works Department are approved and the County Public Works Department is directed to construct such Bridge in accordance with such plans, maps and specifications.

3. That the authorized cost for the construction of such Bridge shall not exceed $196,000.

4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $166,600 and shall be transferred to a Capital Project Account to be designated by the County Treasurer.

5. That the Town’s share of such cost, estimated to be $29,400, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95.

6. That such Bridge shall not be reconstructed until the Town of Alfred files the appropriate Town Board resolution in accordance with Resolution No. 65-95.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. Curran 14 Ayes, 0 Noes, 1 Absent

Comments made regarding Resolution No. 32-10 included the following: Legislator Sinclair questioned if there is assurance the towns have budgeted for their contributions for each of the bridge projects being considered. Public Works Superintendent David Roeske stated that they have.

RESOLUTION NO. 33-10

A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF

TOWN BRIDGE NO. 19-02 (BIN 2214700) IN TOWN OF GROVE

Offered by: Public Works and Ways and Means Committees

Pursuant to Highway Law § 238 and Resolution No. 65-95

WHEREAS, the County Public Works Department has submitted a report to this Board stating its reasons why Town Bridge No. 19-02 (BIN 2214700) on Goose Hollow Road in the Town of Grove should be reconstructed, and

WHEREAS, the County Public Works Department has submitted plans, maps and specifications for the reconstruction of such Bridge and estimated the project costs at $410,500, and

WHEREAS, such Bridge qualifies under the Cost Sharing Plan set forth in Resolution No. 65-95, now, therefore, be it

RESOLVED:

1. That this Board of Legislators does determine that it considers Town Bridge No. 19-02 (BIN 2214700) on Goose Hollow Road in the Town of Grove to be of sufficient importance to be reconstructed.

3. That the authorized cost for the construction of such Bridge shall not exceed $410,500.

4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $348,925 and shall be transferred to a Capital Project Account to be designated by the County Treasurer.

5. That the Town’s share of such cost, estimated to be $61,575, shall be paid to the County pursuant to the provisions of section 1 g. of Resolution No. 65-95.

6. That such Bridge shall not be reconstructed until the Town of Grove files the appropriate Town Board resolution in accordance with Resolution No. 65-95.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. O’Grady 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 34-10

ESTABLISHING A CAPITAL PROJECT ACCOUNT FOR

TOWN BRIDGE NO. 19-02 REPLACEMENT (BIN 2214700) ON

GOOSE HOLLOW ROAD IN THE TOWN OF GROVE;

TRANSFER OF FUNDS FOR SUCH CAPITAL ACCOUNT

Offered by: Public Works and Ways and Means Committees

RESOLVED:

1. A Capital Project Account is established within the Capital Fund for the bridge replacement on Goose Hollow Road in the Town of Grove.

2. That the following transfers are required for such Capital Project: $348,925 from Account No. H5120.200 to Account No. H5916.200, and $61,575 from Account No. H03.2300.5916 to Account No. H5916.200.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. O’Grady 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 35-10

ACCEPTANCE OF THE INSURANCE PROPOSAL OF NYMIR

SUBMITTED BY RICHARDSON & STOUT INSURANCE COMPANY;

CONTINUED AUTHORITY OF BOARD CLERK AND PERSONNEL COMMITTEE

TO SECURE OTHER INSURANCE

Offered by: Personnel Committee

RESOLVED:

1. That the NYMIR insurance proposal and related services as submitted by Richardson & Stout Insurance Company of Wellsville, New York to the County of Allegany for the period February 1, 2010 to February 1, 2011 are approved.

2. That the premium of $251,738 plus any additional premium amounts resulting from the addition or inclusion of vehicles, equipment and other property to the policies is charged to Account No. A1910.406 of the 2010 County Final Budget in which the funds are proportionately provided to cover the whole of such premium.

3. That all other insurance not provided for in the foregoing proposal shall continue to be secured by the Clerk of the County Board of Legislators with approval of the Personnel Committee of such County Board, limited by the funds appropriated by such County Board therefor.

Moved by: Mr. O’Grady Adopted: Roll Call

Seconded by: Mr. LaForge 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 36-10

APPROVAL OF AGREEMENT WITH BMA CONSULTING SERVICES, INC.

FOR INSURANCE ADVICE AND SERVICES;

AUTHORIZING CHAIRMAN TO EXECUTE AGREEMENT

Offered by: Personnel Committee

RESOLVED:

1. That the agreement with BMA Consulting Services, Inc. for the period January 1, 2010, to December 31, 2010, to provide insurance advice and services is approved.

2. The payment of $10,000 for such services is to be paid in 12 equal installments of $833.33; however, if the annual fee is paid in one installment within the first 30 days, a 10 percent (10%) discount of $1,000 may be taken.

3. The Chairman of this Board is authorized to execute such Agreement.

Moved by: Mr. O’Grady Adopted: Roll Call

Seconded by: Mr. LaForge 14 Ayes, 0 Noes, 1 Absent

Comments made regarding Resolution No. 36-10 included the following: Legislator Sinclair requested an example of when the insurance consulting services would be utilized. Chairman Crandall and County Administrator John Margeson responded that the County would rely on that type of guidance when going out to bid for any insurance. In a competitive bid situation, the consultant would recommend the amount of money potentially successful bidders have to supply for security bonds of insurance. The County seeks quotations every three years on our entire comprehensive and liability insurance package so that we can be assured, at least on a three-year basis, we are receiving the most competitive costs. The market fluctuates on what insurance companies charge municipalities for services and coverages. Any time a question arises for himself, as County Administrator, or the County Attorney or the Clerk of the Board, they contact Mr. Baty.

RESOLUTION NO. 37-10

APPROVAL OF AGREEMENT WITH ALLEGANY COUNTY AGRICULTURAL SOCIETY

FOR PAYMENT OF 2010 BUDGETARY APPROPRIATION

Offered by: Public Works Committee

RESOLVED:

1. That the Agreement between the County of Allegany and the Allegany County Agricultural Society is approved.

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

3. That the County Treasurer, upon receipt of a true copy of said Agreement, is authorized and directed to remit to said Society the sum of $7,000 and charge Account No. A8752.4 therefor.

Moved by: Mr. Sinclair Adopted: Roll Call

Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 38-10

APPROVAL OF AGREEMENT WITH VOLUNTEER FIREMEN'S ASSOCIATION OF ALLEGANY COUNTY, INC. FOR PAYMENT OF 2010 BUDGETARY APPROPRIATION

Offered by: Public Safety Committee

Pursuant to County Law § 224

RESOLVED:

1. That the Chairman of this Board is hereby authorized to execute an agreement between the County of Allegany and the Volunteer Firemen's Association of Allegany County, Inc. that shall provide, in substance, (a) that the County of Allegany will disburse in advance to said Association the sum of $2,000 to be used by said Association for the payment of expenses which it might incur during 2010 in providing fire training schools for training firefighters, (b) that said Association will render a verified account of such expenses on or before December 31, 2010, with verified or certified vouchers therefor attached, and (c) that any unused amount will be refunded to the County of Allegany.

2. That the County Treasurer shall not pay the aforesaid sum until a memorandum receipt signed by the President and Treasurer of said Association agreeing to comply with the terms of this resolution is delivered to her office.

3. That the Treasurer of said Association shall not be required to furnish a bond.

Moved by: Mr. Pullen Adopted: Roll Call

Seconded by: Mr. Hopkins 14 Ayes, 0 Noes, 1 Absent

RESOLUTION NO. 39-10

APPROVAL OF AGREEMENT WITH ALLEGANY COUNTY ASSOCIATION FOR

THE BLIND AND VISUALLY HANDICAPPED, INC. IN RELATION TO

THE RENDERING OF SERVICE, TRAINING OR AID TO

INDIGENT BLIND IN ALLEGANY COUNTY

Offered by: Human Services Committee

Pursuant to County Law § 224 (6)

RESOLVED:

1. That the Agreement in the amount of $7,500 between the County of Allegany and Allegany County Association for the Blind and Visually Handicapped, Inc., in relation to the rendering of service, training or aid to indigent blind in Allegany County during 2010, is approved.

2. That the Chairman of this Board is authorized to execute said Agreement in triplicate.

Moved by: Mr. Burdick Adopted: Roll Call

Seconded by: Mr. Pullen 14 Ayes, 0 Noes, 1 Absent

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 LaForge and adopted on a roll call vote of 14 Ayes, 0 Noes, 1 Absent, that the audit of claims, totaling $3,242,599.77 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 $446,427.)

ADJOURNMENT: The meeting was adjourned at 3:00 p.m. on a motion made by Legislator Cady, seconded by Legislator Pullen and carried.