ALLEGANY
REGULAR SESSION
MAY 24, 2010
** APPROVED **
PLEDGE
OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by United
States Army Reserve Private Sara-Ann Baldwin.
INVOCATION: The
Invocation was given by Legislator David Pullen.
ROLL
CALL: 14 Present; 1 Absent (Legislator Russo).
RECOGNITION OF AMERICAN LEGION POPPY DAY:
Each year around
Memorial Day, Veterans of Foreign War members and American Legion Auxiliary
volunteers distribute millions of bright red poppies, made by hospitalized
veterans, in exchange for contributions to assist disabled and hospitalized
veterans. The poppy reminds the
community of the past sacrifices and continuing needs of our veterans. It has become a nationally known and
recognized symbol of sacrifice and is worn to honor the men and women who
served for their country in all wars.
A brief history of the
artificial poppy: In World War I, on the
battlefields of
APPROVAL OF
MINUTES:
The Board meeting minutes of May 10,
2010, were approved on a motion made by Legislator Hopkins, seconded by
Legislator Pullen and carried.
PRIVILEGE OF
THE FLOOR:
Chairman
Curtis W. Crandall granted privilege of the floor to Supervising Public Health
Educator Theresa Moore who gave a PowerPoint presentation on
Chairman Curtis W. Crandall
presented a certificate to Sara-Ann Baldwin, United States Army Reserve Private
1st Class, in grateful appreciation of her commitment to serve our Country. Her service dates are October 2009 to the
present. Ms. Baldwin is currently
attending
Chairman Curtis W. Crandall and
Sheriff William Tompkins recognized Travis G. Middaugh, United States Marines
Staff Sergeant, for his service to our Country.
Mr. Middaugh’s service dates are May 2003 to the present, and he is also
an Allegany County Sheriff’s Office employee.
Following Basic Training at
Chairman Crandall granted privilege
of the floor to the following:
Chairman
Last
week,
In
addition to that, as mentioned before, the program that we participated in is
something that came out of the ARRA. Essentially, the federal government is making
funding available to municipal governments across the State of
Legislator
O’Grady questioned if the County would also get the interest break from the Office
of Court Administration. Mr. Margeson
replied that we would, and that would be over and above what he just reported. Legislator Ungermann asked if this savings
could be applied to reduce taxes. Mr.
Margeson noted that would be up to the Legislators.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. June
2010 Calendar of Board and Standing Committee meeting dates.
The
following communications were also acknowledged:
1. County Treasurer
2. County Treasurer Terri Ross filed a
copy of the Annual Financial Report Update Document for the Fiscal Year Ended
December 31, 2009, in the Clerk of the Board’s Office on May 18, 2010.
3. Notice of next Fire Advisory Board
meeting to be held at 8 p.m. on Thursday, May 27, 2010 in the
4. Southern Tier West Regional Planning
and
5. Correspondence from the Steuben County
Department of Public Works advising that the Draft Local Solid Waste Management
Plan Modification for Steuben County is available for review and comment on
their website: www.steubencony.org.
6. Invitation for
7. Correspondence from John Nangle
regarding the Bare Knuckle Boxing Hall of Fame in
8. Reminder that there will be an open
house to celebrate the 100th anniversary of the Bolivar Free Library
on June 13 from 4-6 p.m.
RESOLUTIONS:
RESOLUTION
NO. 111-10
RESOLUTION SUPPORTING A TEMPORARY EXTENSION OF
ENHANCED FEDERAL MEDICAID MATCHING FUNDS PROVIDED
UNDER
THE AMERICAN RECOVERY
Offered by:
Ways and Means Committee
WHEREAS,
Medicaid is a federal, state,
and local health care program whose costs and administration represents the
largest component of the state and local fiscal relationship in New York,
currently totaling over $51 billion annually, and
WHEREAS, since the program’s inception, counties across the
state have struggled to fund the growth of the Medicaid local share, and even
with local budget austerity measures, the program’s cost has resulted in higher
property taxes, higher sales taxes, and a decline in county services, and
WHEREAS, while a local government Medicaid “cap” has been
implemented in New York in an effort to provide some budget stability and help
shield local taxpayers from the impact of excessive Medicaid growth, counties
remain concerned with the future sustainability of the Medicaid program, the
effect on other state and local budget priorities, and the overall outlook for
New York’s economic competitiveness, and
WHEREAS, Congress has provided an increase in Federal
Medicaid matching funds, set to expire on December 31, 2010, to all states
under the American Recovery and Reinvestment Act in recognition of the recent
fiscal crisis, and
WHEREAS, in addition to providing fiscal relief to the State
of New York, this increase also provides direct fiscal relief to local governments
in New York State which helps ease the local property and sales tax burden for
all New Yorkers, and
WHEREAS, the U.S. Senate, House, and the President all
support a six-month extension of this critical temporary enhanced Medicaid
assistance through June 30, 2011, because of the continued fiscal pressures
experienced by state and local governments due to further declines in tax
revenues and increased demand for public services stemming from the recession,
and
WHEREAS, New York and twenty-three other states have
included a six-month extension of this enhanced funding in their budgets for
the coming year, and it is imperative that Congress enact a six-month extension
of enhanced Medicaid assistance payments as soon as possible, to allow states to
finalize their budgets without having to fill even larger budget holes with tax
increases or service cuts that would be necessary in the absence of this
federal funding, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators supports a six-month extension of the enhanced Federal Medical
Assistance Percentage (FMAP) as established under the American Recovery and
Reinvestment Act, and
2. That this Board calls upon the Governor
and the State Legislature to encourage the New York Congressional Delegation to
support this six-month extension, and
3. That the Clerk of this Board is
requested to forward copies of this Resolution to Governor David A. Paterson,
the New York State Legislature, the New York Congressional Delegation, NYSAC,
and all others deemed necessary and proper.
Moved by: Mr. Hopkins Adopted: Voice Vote
Seconded by: Mr. Fanton
RESOLUTION
NO. 112-10
APPOINTMENT OF ONE MEMBER TO
ALLEGANY
Offered by:
Human Services Committee
RESOLVED:
1. That Calvin L. Schierer, DO, of
Moved by: Mr. Burdick Adopted: Voice Vote
Seconded by: Mr. Healy
RESOLUTION
NO. 113-10
AUTHORIZING THE
IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE
100 PERCENT OF THE
FEDERAL AID AND STATE “MARCHISELLI” PROGRAM AID ELIGIBLE COSTS OF A
TRANSPORTATION FEDERAL AID PROJECT; APPROPRIATING FUNDS THEREFOR
Offered by: Public Works and Ways and Means Committees
WHEREAS, a Project for the Bridge
Replacement (BIN 3330770) on CR 4 in the Town of Hume, Allegany County, PIN
6754.52 (the Project) 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 80 percent federal funds and 20 percent non-federal
funds, and
WHEREAS, the
RESOLVED:
1. That
the Allegany County Board of Legislators hereby approves the above-subject
project.
2. That this Board hereby authorizes the
3. That the sum of $555,000 is
appropriated from Capital Project Account No. H5917.200 and made available to
cover the cost of participation in the above phase of the project.
4. That in the event the full federal and
non-federal share costs 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 upon the notification by the New
York State Department of Transportation thereof.
5. That the Chairman of the Allegany
County Board of Legislators be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid
and/or Marchiselli Aid on behalf of the County of Allegany with the New York
State Department of Transportation in connection with the advancement or
approval of the project and providing for the administration of the project and
the municipality’s first instance funding 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 therefor that are not so eligible.
6. That a certified copy of this
resolution be filed with the New York State Commissioner of Transportation by
attaching it to any necessary Agreement in connection with the project.
7. That this resolution shall take effect
immediately.
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
(Memo: The estimated cost of $555,000 for the Design
and Right of Way phases of the project referred to in Resolution No. 113-10 is
broken down as follows: Federal Share
(80 percent) – $444,000; State Share (15 percent) – $83,250;
RESOLUTION
NO. 114-10
A RESOLUTION
APPROPRIATING FEDERAL AND STATE FUNDING FOR
Offered by: Public Works and Ways and Means Committee
RESOLVED:
1. That
the sum of $3,668,900 for funding for the
Moved by: Mr. Fanton Adopted: Roll Call
Seconded by: Mr. Healy 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 115-10
TRANSFER
OF FUNDS FROM CONTINGENT ACCOUNT
TO
A CAPITAL PROJECT ACCOUNT COVERING COST FOR
CONSTRUCTION
OF BUILDINGS AND
Offered by:
Courts Facilities and
RESOLVED:
1. That the sum of $75,000 is transferred
from Account No. A1990.4 (Contingency) to Account No. H1640.200 (Capital
Project – Buildings and
Moved by: Mr. Pullen Adopted: Roll Call
Seconded by: Mr. Fanton 13
Ayes, 1 No, 1 Absent
Voting
No: Ungermann
Comments made regarding Resolution No. 115-10
included the following: Legislator
Ungermann noted that the
RESOLUTION INTRO. NO. 117-10 (TRANSFER OF FUNDS FROM COUNTY ROAD FUND
ACCOUNT TO DPW OFFICE BUILDING ACCOUNT) was WITHDRAWN due to some changed
circumstances following a motion made by Legislator Pullen, seconded by
Legislator Healy and carried.
RESOLUTION
NO. 116-10
APPROVING
THE 2010 RESOURCE ALLOCATION PLAN AGREEMENT
WITH OFFICE OF CHILDREN AND FAMILY SERVICES;
PROVIDING
FOR APPROPRIATION OF FUNDS WHEN SUBCONTRACTS
FOR
SPECIAL DELINQUENCY PREVENTION PROGRAM SERVICES ARE APPROVED
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That the 2010 Resource Allocation Plan Agreement
with Office of Children and Family Services in relation to the state's
allocation of funds to the County for providing youth services under its Comprehensive
Youth Service Plan is approved.
2. That the Chairman of this Board is
authorized to execute such Plan Agreement.
3. That a portion of the funds to be
received under such Plan Agreement shall be appropriated from time to time to
cover the costs under sub‑contractor service provider agreements as may
be approved by this Board.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 116-10 included the following:
Legislator Ungermann noted that for most of
the youth programs included in the resolution, the County’s portion of funding
is small. Most are 100 percent state
funded. If the state is serious about
saving money, maybe this is something they could do something about. Mr. Ungermann stated that he’s not saying
some of these programs aren’t necessary, but maybe some of them are a little
bit of a luxury.
Legislator Pullen commented that he would support the state cutting back
on some things. He noted on a report
from NYSAC that the state and some of the Department of Social Services
programs are reducing some of their funding but not eliminating any of the
mandated programs, which will have the effect of shifting $100 million
statewide to the counties from the state.
Mr. Pullen fears that in the future, we will see more mandates and
push-downs from the state. At this
point, for programs that are mandated and we receive state funding, we should
definitely approve them.
RESOLUTION
NO. 117-10
APPROVAL
OF 2010 YOUTH DEVELOPMENT/DELINQUENCY PREVENTION
(YDDP)
PROGRAMS INCLUDING MUNICIPAL YOUTH PROJECTS FOR
RECREATION
PROGRAMS, SERVICE PROGRAMS, AND
YOUTH
INITIATIVE PROGRAMS
Offered by:
Public Safety and Ways and Means Committees
WHEREAS, the County Youth Bureau has recommended certain municipal
youth projects for recreation programs, service programs, and youth initiative
programs within the County for 2010, now, therefore, be it
RESOLVED:
1. That
the 2010 Municipal Youth Projects for Recreation are approved as follows:
|
Municipality |
2010 Award |
Project |
Municipality |
2010 Award |
Project |
|
|
2,100 |
R021 |
Town of |
219 |
R181 |
|
Town of |
285 |
R051 |
|
219 |
R191 |
|
Town of |
537 |
R071 |
Town of |
438 |
R231 |
|
|
400 |
R081 |
|
755 |
R241 |
|
Town of |
432 |
R091 |
Town of |
656 |
R251 |
|
|
465 |
R010 |
Town of |
934 |
R301 |
|
Town of |
221 |
R111 |
Town of |
509 |
R321 |
|
|
402 |
R121 |
Town of |
566 |
R341 |
|
Town of |
2,589 |
R131 |
Town of |
2,912 |
R371 |
|
Town of |
415 |
R151 |
Town of |
234 |
R411 |
|
|
625 |
R161 |
Rushford |
8,579 |
R001 |
2. That
the 2010 Municipal Youth Projects for Services are approved as follows:
|
Agency |
Program Title |
2010 Award |
|
Allegany Council |
Week of Alternatives |
$3,000 |
|
BOCES |
Government for Youth |
$2,650 |
|
Youth for Christ |
|
$1,700 |
|
|
First STEP |
$2,200 |
|
|
STEP |
$3,500 |
|
Allegany Council |
Natural Helpers |
$1,700 |
|
Youth for Christ |
Teen Centers |
$3,000 |
|
|
A Sound Beginning |
$2,500 |
|
Town of |
Dance/Theatre Program |
$1,727 |
3. That
the 2010 Municipal Youth Projects for Youth Initiatives are approved as
follows:
|
Agency |
Program Title |
Award |
|
Literacy West NY, Inc. |
Peers Helping Peers |
$2,700 |
|
Southern Tier Traveling Teacher |
GED |
$3,256 |
|
Allegany Co. Chapter of Red Cross |
When I’m In Charge |
$ 750 |
|
|
Children Learning Initiatives |
$1,850 |
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
RESOLUTION
NO. 118-10
APPROVAL
OF SPECIAL DELINQUENCY PREVENTION PROGRAM (SDPP) SUBCONTRACT AGREEMENTS FOR
CALENDAR YEAR 2010;
PROVIDING
PROGRAM FUNDS
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That
the following Special Delinquency Prevention Program (SDPP) Agreements for
calendar year 2010, are approved and appropriated as follows:
|
Agreement |
Amount |
Approp. Account |
Revenue Account |
|
Allegany Council on Alcoholism and Substance Abuse, Inc. (Prevention Education Referral) |
$3,500 |
A7313.486 |
A10.3821.04 |
|
Association, Inc. (Youth Compeer Program) |
$3,675 |
A7313.488 |
A10.3821.07 |
|
(SYEP) |
$5,656 |
A7318.486 |
A10.3822.02 |
|
Literacy West NY, Inc. (Success Tracks) |
$875 |
A7318.489 |
A10.3820.50 |
|
Southern Tier Traveling Teacher (Special GED Program) |
$2,200 |
A7315.487 |
A10.3821.7315 |
|
Youth Court |
$4,900 |
A7321.483 |
A10.3825.7321 |
|
|
|
|
|
|
|
$500 |
A7313.494 |
A10.3821.94 |
|
|
|
|
|
|
|
$500 |
A7313.493 |
A10.3821.93 |
2. That the Chairman of the Board is
authorized to execute the agreements.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Hopkins 14
Ayes, 0 Noes, 1 Absent
Comments made regarding Resolution No. 118-10
included the following: Legislator
Pullen voiced concern about the lack of a state budget and if we’re making
commitments if the state funding doesn’t come through. Mr. Margeson responded that the agreements
are contingent on the state making funds available.
RESOLUTION
NO. 119-10
APPROVAL
OF AGREEMENT WITH
PROVIDE
THE
Offered by:
Public Safety and Ways and Means Committees
RESOLVED:
1. That Agreement between the County of
Allegany and the County of Monroe for the period January 1, 2011, through
December 31, 2015, to provide in-patient psychiatric services for Allegany
County prisoners held at the Rochester Psychiatric Center Forensic Unit is
approved.
2. That the Chairman of this Board and the
Allegany County Sheriff are authorized to execute said Agreement.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 0 Noes, 1 Absent
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 Noes, 1 Absent, that the audit of claims, totaling $3,591,201.52,
including prepaid expenses, be approved for payment as recommended by the
County Administrator (opposed:
Ungermann). (
ADJOURNMENT: The meeting was adjourned at 3:20 p.m. on a motion made by Legislator Hopkins,
seconded by Legislator O’Grady and carried.