ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 MARCH 8, 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 Army Air Force Staff Sergeant John F. Ahrens.

 

INVOCATION:  The Invocation was given by Legislator Pullen.

 

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

 

APPROVAL OF MINUTES:

 

            The Committee of the Whole meeting minutes of February 16, 2010, were approved on a motion made by Legislator Fanton, seconded by Legislator Hopkins and carried.

 

            The Board meeting minutes of February 22, 2010, were approved on a motion made by Legislator Pullen, seconded by Legislator Hopkins and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall presented a certificate to John F. Ahrens, former United States Army Air Force Staff Sergeant, in grateful appreciation of his service to our Country.  Mr. Ahrens’ service dates were from November 1942 to November 1945, and he was assigned to the 479th Fighter Bomber Group of the Eighth Air Force, serving as a Crew Chief for Lockheed P38 and P51 Mustangs.  Battles or conflicts Mr. Ahrens was involved in were:  Air Offensive Europe, Ardennes Campaign, Central Europe, Normandy Invasion, and Rhineland.  Commendations he received included:  Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal w/ Bronze Star, WWII Victory Medal, Presidential Unit Citation, and Honorable Service Lapel Button.  Mr. Ahrens 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 Allegany Arc Chief Executive Officer Michael Damiano to speak about Developmental Disabilities Awareness Month, nationally recognized in March, as a time to promote understanding of the abilities of intellectually and developmentally disabled people.  Allegany Arc is devoted to putting people first and empowering individuals with developmental disabilities to live richer lives with greater independence.  They share in NYSARC’s mission to help individuals achieve four basic person-centered outcomes including:  living in a home of their choice where they can fully participate in the community; having meaningful relationships with family and friends; engaging in activities, like having a job; and having good health.  In the years since the founding of Allegany Arc and agencies like it, individuals with disabilities and their families have worked tirelessly to end the practices of unjustified institutionalization, social exclusion, abusive guardianship, and educational and vocational inequities.  Allegany Arc invites all of Allegany County to join in celebrating March as Developmental Disabilities Awareness Month.  They encourage businesses to hire persons with disabilities; they encourage civic organizations to invite persons with disabilities to join them; and most of all they invite everyone to recognize the unique strengths and abilities of all residents of the County including those with identified disabilities.

 

            Representatives from the following departments and agencies were present to answer questions regarding their 2009 Annual Reports:  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.

 

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 February.

 

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

 

            3.         2009 Annual Reports from the following departments and agencies were distributed for review:  Employment and Training, Veterans’ Services, Youth Bureau, STOP DWI, Public Defender, and Workers’ Compensation.  Representatives will be present at the next meeting to answer questions regarding those reports.

 

The following communications were also acknowledged:

 

            1.         Notice of next InterCounty Association meeting to be hosted by Ontario County in Phelps on March 19, 2010.

 

            2.         The County Treasurer 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 Wellsville in the Clerk of the Board’s Office on February 23, 2010.

 

            3.         Correspondence from the Allegany County Association for the Blind thanking the Board for its support and annual appropriation.

 

            4.         Correspondence from the Allegany County Cancer Services thanking the Board for its donation in remembrance of former Legislator Brent Reynolds’ mother, Anna Marvin.

 

            5.         Correspondence from Southern Tier Hospice thanking the Board for its donation in remembrance of former Legislator Michael McCormick’s father, Robert McCormick.

 

            6.         Copy of a letter Chairman Crandall sent to Arlene Hughes in response to her inquiry regarding Resolution No. 118-04, Establishment of Public Safety and Training Facility Debt Reserve Fund.

 

            7.         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.  Lunch will be provided.  Please let Mr. Roeske’s office know as soon as possible if you plan to attend.

 

            8.         Budget Committee Chairman Theodore Hopkins announced that the time of the Budget Committee meeting on Wednesday, March 17, has been changed from 1 p.m. to 1:30 p.m.

 

APPOINTMENTS:

 

            The Clerk of the Board announced that Chairman Curtis W. Crandall has made the following appointments to the ALLEGANY COUNTY YOUTH BOARD for a three-year term commencing March 26, 2010, and expiring March 25, 2013, subject to confirmation by the Board of Legislators:

            Corinne Davis, Angelica                  (District I)        (New)

            Susan F. Myers, Friendship (District II)       (Reappointment)

            Vacant                                                (District III)

            Ann Baldwin, Andover                      (District IV)     (New)

            Edna Kayes, Alfred                           (District V)      (Reappointment)

 

            Chairman Crandall appointed the following to serve as Youth Representatives on the ALLEGANY COUNTY YOUTH BOARD; the term of such appointments is unfixed, but in no event shall such terms exceed the twenty-first birthday of the appointees:

            Emma Webb, Houghton                   (District I)

            Esther Webb, Houghton                   (District I)

            Thomas Galatio, Black Creek         (District II)

            Kellen Wissert, Scio                         (District III)

 

            Chairman Crandall appointed Deborah Aumick of Rushford to fill the unexpired three-year term of Janet Gaczewski as a member of the ALLEGANY COUNTY YOUTH BOARD, commencing immediately and expiring March 25, 2011, subject to confirmation by the Board of Legislators.

 

PROCLAMATION:

 

            Chairman Crandall proclaimed March 2010 as Developmental Disabilities Awareness Month in Allegany County, in recognition of the achievements and contribution of citizens who have developmental disabilities, and encouraged continued progress toward empowerment in every aspect of community life, work, relationships, spirituality, and recreation.

 

RESOLUTIONS:

 

RESOLUTION NO. 57-10

 

BUDGET ADJUSTMENTS AND TRANSFERS IN TOURISM ACCOUNTS

 

Offered by:  Planning and Economic Development and

Ways and Means Committees

 

            WHEREAS, budget adjustments and transfers are needed to support the tourism contract with the Greater Allegany County Chamber of Commerce, now, therefore, be it

 

            RESOLVED:

 

            1.         That Account No. A6989.476 and Revenue Account No. A10.3715.00 are reduced by $16,250; Account No. A6989.478 and Revenue Account No. A02.1989.04 are increased by $10,000.

 

            2.         That the sum of $7,250 is transferred from Account No. A1990.429 as follows:  $3,250 to Account No. A6989.477 and $4,000 to Account No. A6989.478.

 

            3.         That the sum of $16,250 is transferred from Account No. A6989.475 to Account No. A6989.477.

 

            Moved by:  Mr. Sinclair                                                                                Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                                  13 Ayes, 1 No, 1 Absent

                                                                                                                                 Voting No:  O’Grady

 

RESOLUTION NO. 58-10

 

TRANSFER OF FUNDS WITHIN PLANNING ACCOUNT

 

Offered by:  Planning and Economic Development and

Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $1,200 is transferred from Account No. A8020.101 (Planning – Personnel) to Account No. A8020.493 (Planning – Contractual) to cover a $400 monthly expense to Planning Board Liaison Kier Dirlam.

 

            Moved by:  Mr. Sinclair                                                                                Adopted:  Roll Call

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

 

Comments made regarding Resolution No. 58-10 included the following:  County Administrator John Margeson responded to a question on the status of the County Planner position by stating that someone should be on board the first part of April.

 

RESOLUTION NO. 59-10

 

TRANSFER OF FUNDS BETWEEN

OFFICE OF DEVELOPMENT CONTRACTUAL EXPENSES ACCOUNTS

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

1.         That the sum of $30,000 is transferred from Account No. A6430.474 (Economic Development – Contractual) to Account No. A6431.474 (Comprehensive Plan – Contractual), for implementation of the Comprehensive Plan.

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                                 13 Ayes, 1 No, 1 Absent

                                                                                                                           Voting No:  Ungermann

 

(Memo:  Resolution No. 59-10 was requested to create a separate account for Comprehensive Plan implementation expenses and transfer funds from the account that presently includes expenses for both marketing and Comprehensive Plan implementation.)

 

RESOLUTION NO. 60-10

 

TRANSFER OF FUNDS FROM DEBT SERVICE FUND BALANCE ACCOUNT TO

BAN PRINCIPAL ACCOUNT

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That the sum of $123,525 is transferred from Account No. V599.00 (Debt Service Fund Balance) to Account No. V9730.600 (BAN Principal).

 

            Moved by:  Mr. Hopkins                                                                               Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                                  13 Ayes, 1 No, 1 Absent

                                                                                                                           Voting No:  Ungermann

 

(Memo:  The transfer approved by Resolution No. 60-10 was necessary to allow the County Treasurer to roll a Bond Anticipation Note that comes due in April, which requires a principal payment.)

 

RESOLUTION NO. 61-10

 

APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND

SJB SERVICES, INC. FOR MATERIALS TESTING SERVICES RELATIVE TO

THE COURT FACILITIES PROJECT

 

Offered by:  Court Facilities and County Space Needs and

Ways and Means Committees

 

            RESOLVED:

 

            1.         That the Agreement between the County of Allegany and SJB Services, Inc. for the performance of construction materials testing associated with the construction of the addition to the County Courthouse is approved.

 

            2.         That the price of such Agreement with SJB Services, Inc. shall not exceed $75,000.

 

            3.         That the Chairman of this Board is authorized to execute said Agreement.

 

            Moved by:  Mr. Pullen                                                                                  Adopted:  Roll Call

            Seconded by:  Mr. O’Grady                                                              13 Ayes, 1 No, 1 Absent

                                                                                                                           Voting No:  Ungermann

 

(Memo:  The agreement approved by Resolution No. 61-10 was recommended following a Request for Proposals which resulted in four responses.  The fee schedule submitted by SJB Services was the most competitive, and the company is qualified to perform the services.)

 

RESOLUTION NO. 62-10

 

APPROVAL OF INTER-MUNICIPAL AGREEMENT WITH CATTARAUGUS COUNTY

TO PROVIDE LEAD POISONING PREVENTION PROGRAM SERVICES

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the Inter-Municipal Agreement between Allegany County and Cattaraugus County for the provision of a Lead Poisoning Prevention Program and Comprehensive Elevated Blood Lead Investigation Services for the period January 1, 2010, through December 31, 2010, is approved.

 

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

 

            Moved by:  Mr. Burdick                                                                                Adopted:  Roll Call

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

 

(Memo:  The agreement approved by Resolution No. 62-10 includes payment by Cattaraugus County for services rendered in an amount not to exceed $3,000.)

 

RESOLUTION NO. 63-10

 

APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND

THE GREATER ALLEGANY COUNTY CHAMBER OF COMMERCE

TO ADMINISTER COUNTY TOURISM;

AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT

 

Offered by:  Planning and Economic Development and

Ways and Means Committees

 

            RESOLVED:

 

            1.         That Agreement between the County of Allegany and the Greater Allegany County Chamber of Commerce to administer tourism as the County Tourism Promotion Agency for an annual fee of $71,500, commencing March 1, 2010, and ending on December 31, 2010, is approved.

 

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

 

            Moved by:  Mr. Sinclair                                                                                Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                               13 Ayes, 1 No, 1 Absent

                                                                                                                                 Voting No:  O’Grady

 

Comments made regarding Resolution No. 63-10 included the following:  Legislator Ungermann remarked that the County finally has people enthused and energetic about tourism, but funding has been inadequate.  He supported the resolution, and noted that he understood from Legislator Sinclair that the agreement is fully funded and pays for what it should.  Mr. Ungermann questioned if there was any way to gauge success.  Legislator Sinclair responded that the agreement is structured to include a list of deliverables.  The Planning and Economic Development Committee will be looking at progress and working with the Chamber.  When considering funding for next year, they will look at the impact of the investment.  Mr. Sinclair also noted that the amount included in this agreement is for a 10-month program; we will be looking at a 12-month program next year.

 

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 Pullen and adopted on a roll call vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $1,983,584.60 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 $1,339,281.)

 

ADJOURNMENT:  The meeting was adjourned at 2:30 p.m. on a motion made by Legislator Fanton, seconded by Legislator Pullen and carried.