ALLEGANY COUNTY BOARD OF LEGISLATORS
REGULAR SESSION
** 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 Corporal Gerald F. Babchak.
INVOCATION: The
Invocation was given by Legislator David Pullen.
ROLL
CALL: 15 Legislators Present: Glenn Benson, Douglas Burdick, Donald Cady,
Curtis Crandall, Philip Curran, Dwight Fanton, Karl Graves, Dwight (Mike)
Healy, Theodore Hopkins, Kevin LaForge, Aaron McGraw, Timothy O’Grady, David
Pullen, Frederick Sinclair, Norman Ungermann, Jr.
APPROVAL OF
MINUTES:
The Board meeting minutes of April
25, 2011, were approved on a motion made by Legislator Pullen, seconded by
Legislator Curran and carried.
PRIVILEGE OF
THE FLOOR:
Chairman Crandall presented a
certificate to Gerald F. Babchak, former United
States Marine Corps Corporal, in grateful appreciation of his service to our
Country. Mr. Babchak’s
service dates were from June 1966 to June 1969.
Following Basic Training at Paris Island, NC, assignments included: Okinawa, Japan (Security File Management);
Republic of Vietnam (Fire Fighter); and Headquarters Battalion, Philadelphia,
PA (Operation Control). Commendations he
received included: National Defense
Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Good Conduct
Medal, Vietnamese Cross of Gallantry with Crossed
Palms, Navy Unit Citation, and Combat Action Ribbon. Mr. Babchak is a
charter member and current Commander of the Allegany County Vietnam Veterans
Association, Marine Corps representative at Bath VA Medical Center, member of
the Veterans of Foreign Wars, and member of the 1st Marine Corps
Association. He has volunteered for the
past 25 years at the Bath VA Medical Center on Christmas Day, and has been
instrumental in converting the Vietnam Veterans Association camp to a wounded
warriors’ retreat for all Veterans.
Chairman Crandall highlighted the mission and accomplishments of the
Allegany County Vietnam Veterans Association.
Mr. Babchak 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 recognized the
nurses that were present at the meeting.
A proclamation for Nurses’ Week (May 6-12) was presented at the April 25
Board meeting.
Chairman Crandall granted privilege
of the floor to Office for the Aging Director Kimberley Toot to speak about Older
Americans’ Month. Mrs. Toot highlighted some
upcoming activities. All County Luncheon
Centers will be having Older Americans’ Month parties, and they would love to
have representation by their local Legislators.
On Friday, May 13, from 10 a.m. to 2 p.m., there will be an open house
at the Office for the Aging/Veterans’ Services Complex at Crossroads. They will be highlighting Veterans’ Services
to acquaint Veterans with the facility.
The outreach van from the Bath VA Medical Center will be there to assist
with benefits issues, and Veterans’ Services Director Mike Hennessy and his
staff will be available. The Senior Foundation’s
annual fundraiser will take place on May 21 at the Activities Center of the Alfred
State Campus in Wellsville. This year’s
event, “Swingin’ with the Oldies,” will include
dinner, music, and a basket auction.
Money raised will be for Meals on Wheels.
Representatives from the following
departments and agencies were present to answer questions regarding their 2010
Annual Reports: County Historian,
Information Technology, Parks & Forests, Sheriff, Soil & Water
Conservation District, and Weights & Measures. Legislator Ungermann complimented the Sheriff’s
Office on their report. It gives a very
good synopsis of what goes on.
ACKNOWLEDGMENTS,
COMMUNICATIONS, REPORTS, ETC.:
Copies of the following were placed on each Legislator’s desk:
1. Annual
Reports for 2010 from the following departments or agencies were distributed
for review: County Administrator,
Development, Industrial Development Agency, Planning Board, Social Services, and
Tourism.
2. Revised 2011 Standing Committee Listing
(Chairman Crandall moved the Energy & Resources Ad Hoc Committee to fall
under the jurisdiction of the Ways & Means Committee, and he expanded the
membership of the ad hoc committee to include Legislator Mike Healy, Public
Works Superintendent I Guy James, and Landowner Representative Marvin Covert).
The
following communications were also acknowledged:
1. Notice of next InterCounty Association
meeting to be hosted by Cattaraugus County in Machias
on May 13.
2. Correspondence from Congressman Tom Reed
regarding the Fracturing Responsibility and Awareness of Chemicals Act (FRAC
Act) of 2011.
3. Southern Tier West Regional Planning
& Development Board meeting minutes of April 21, 2011, and Notice of
Meeting for May 19.
4. Reminder that the Allegany Senior
Foundation is sponsoring Swingin’ with the Oldies on
May 21 from 4 to 9 p.m. at the Activities Center of Alfred State Wellsville
Campus.
5. Invitation to attend the Legislative
Intern Model Session on Monday, May 16, 2011, at 11 a.m.
APPOINTMENT:
Chairman Crandall, in a
joint measure with Michael T. O’Brien, Chairman of the Cattaraugus County Board
of Legislators, has appointed Matt Keller of Olean to replace and serve the
remainder of Sherry Grugel’s three-year term as a
member of the CATTARAUGUS-ALLEGANY WORKFORCE INVESTMENT BOARD, such term
to expire December 31, 2012.
PROCLAMATIONS:
Chairman Crandall
proclaimed May 2011 to be Older Americans’ Month, and he urged citizens to take
the time to honor our older adults and the professionals, family members, and
volunteers who care for them. Our
recognition of older Americans and their involvement in our lives can help us
achieve stronger and more meaningful connections with each other and enrich our
community’s quality of life.
Chairman Crandall
proclaimed the week of May 15-21, 2011, as Emergency Medical Services Week to
recognize the value and accomplishments of emergency medical services teams who
are ready to provide quality lifesaving care 24 hours a day, seven days a week,
dramatically improving the survival and recovery rate of those who experience
sudden illness or injury.
RESOLUTIONS:
RESOLUTION
NO. 69-11
RESOLUTION IN SUPPORT OF SENATE BILL 864 DESIGNATING
STATE HIGHWAY 19 IN THE TOWN OF HUME AS THE ALMOND E. FISHER MEMORIAL HIGHWAY
Offered by: Ways and Means Committee
WHEREAS, that Senator Catharine M.
Young has introduced Senate Bill 864 designating State Highway 19, Town of
Hume, County of Allegany, as the “Almond E. Fisher Memorial Highway,” and
WHEREAS, Almond E. Fisher received a
Medal of Honor and Purple Heart for his heroic acts and inspirational
leadership in France during World War II, despite being shot in both feet, and
WHEREAS, subsequent to his service in
the military, he continued to work for Veterans throughout New York, now,
therefore be it
RESOLVED:
1. That
the Allegany County Board of Legislators supports Senate Bill 864 that
designates State Highway 19, Town of Hume, County of Allegany, as the “Almond
E. Fisher Memorial Highway.”
2. That the Clerk of this Board is hereby
directed to forward a certified copy of this resolution to the office of
Senator Catharine M. Young.
Moved by: Mr. Hopkins Adopted: Voice Vote
Seconded by: Mr. Pullen
RESOLUTION
NO. 70-11
RESOLUTION INCREASING ESTABLISHED RATES FOR
ELECTION INSPECTORS’ COMPENSATION FOR TRAINING
Offered by: Personnel Committee
WHEREAS, by Resolution No. 115-2006, this Board fixed the rate for Election
Inspectors’ compensation for training at $25, and
WHEREAS, the Board of Election
Commissioners requested an increase in the Election Inspectors’ compensation
from $25 to $35, and
WHEREAS, this request is due
to an increase in Inspector Training Classes of at least 4 1/2 hours of
training on the new election machines, now, therefore, be it
RESOLVED:
1. That
this Board approves the increase of Election Inspectors’ compensation for
training from $25 to $35.
2. That this resolution shall become
effective immediately.
Moved by: Mr. O’Grady Adopted: Roll Call
Seconded by: Mr. Fanton 15
Ayes, 0 Noes, 0 Absent
RESOLUTION
NO. 71-11
APPROVAL OF BOARD CHAIRMAN’S
REAPPOINTMENT OF TWO MEMBERS TO SOUTHERN TIER WEST REGIONAL PLANNING AND
DEVELOPMENT BOARD
Offered by: Planning and Economic Development Committee
Pursuant to Resolution No. 35-68,
as amended by Resolution No. 93-75
RESOLVED:
1. That the reappointment by the Chairman
of this Board of Susan F. Myers of Friendship, New York, and Theodore L.
Hopkins of Fillmore, New York, as members of the Southern Tier West Regional
Planning and Development Board, with term of office commencing June 1, 2011,
and expiring May 31, 2014, is approved.
Moved by: Mr. Sinclair Adopted: Voice Vote
Seconded by: Mr. Healy
RESOLUTION
NO. 72-11
ACCEPTANCE AND APPROPRIATION
OF GRANT FUNDS
FROM THE SOUTHERN TIER WEST
DEVELOPMENT FOUNDATION
TO ECONOMIC DEVELOPMENT
COMPREHENSIVE PLAN ACCOUNT
Offered by:
Planning and Economic Development and Ways and Means Committees
RESOLVED:
1. That the sum of $5,000 from the
Southern Tier West Development Foundation is accepted and appropriated to
Account No. A6431.474 (Ec. Dev. Comprehensive Plan – Contractual) with a like
sum credited to Revenue Account No. A08.2770.6431 (Misc. Rev.
– Ec. Dev. Comprehensive Plan).
Moved by: Mr. Sinclair Adopted: Roll Call
Seconded by: Mr. Pullen 15
Ayes, 0 Noes, 0 Absent
(Memo:
The grant funds accepted in Resolution No. 72-11 are for the Allegany
County Communications Study.)
RESOLUTION
NO. 73-11
APPROVAL OF AGREEMENT WITH APPROVED PROVIDER
OF
PROGRAMS, SEIT AND/OR EVALUATIONS FOR
PRESCHOOLERS WITH DISABILITIES
Offered by:
Human Services and Ways and Means Committees
RESOLVED:
1. That Agreement titled "County of
Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations
for Preschoolers with Disabilities” with Kid Start Livingston-Wyoming ARC, for
the period September 1, 2010, to August 31, 2011, 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. Fanton 14
Ayes, 1 No, 0 Absent
Voting
No: Ungermann
(Memo:
The contract approved by Resolution No. 73-11 is for provision of
special education services to preschoolers with disabilities. It is an annual renewal of an existing
contract. Reimbursement for services
provided will be made at the rates approved by NYS Education Department. Costs are borne by the state at 59.5 percent
and the County at 40.5 percent. See also
Resolution Nos. 215-10 and 268-10 for other providers for the same period.)
Comments made
regarding Resolution No. 73-11 included the following:
Legislator Ungermann questioned if the County
used this provider last year, and at what cost.
Public Health Director Loreen Ballengee
responded that it’s a renewal, and she’d have to get back to Mr. Ungermann on
the cost. We reimburse the contract
agencies for services they provide, so it’s not a direct cost.
Legislator Burdick asked about the number of
children affected. Other schools do the same
thing in their districts. Mrs. Ballengee
will get the number from the program coordinator.
RESOLUTION
NO. 74-11
A RESOLUTION AUTHORIZING THE APPROPRIATION OF FUNDS AND
APPROVAL OF CONTRACT WITH SAIA COMMUNICATIONS, INC.
FOR THE CONSTRUCTION AND PURCHASE OF A
260’ SELF-SUPPORTING COMMUNICATIONS TOWER LOCATED ON
PINGREY HILL ROAD IN THE TOWN OF ANDOVER;
AUTHORIZING CHAIRMAN TO EXECUTE SAID CONTRACT AND
TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT
Offered by: Public Safety and Ways and Means Committees
RESOLVED:
1. That
the Contract for the construction and purchase of a 260’ self-supporting
three-legged tower on Pingrey Hill Road, Town of
Andover, between the County of Allegany and Saia Communications, Inc. is
approved.
2. That the sum of $234,401.25 is
transferred from Account No. A1990.4 (Contingent), and
the cost for purchasing the tower will be appropriated to Account No. A3640.201, and the cost for the purchase of the land will be
appropriated to Account No. A8710.210.
3. That the Chairman of this Board is
authorized to sign any and all documents relating to said Contract.
Moved by: Mr. Healy Adopted: Roll Call
Seconded by: Mr. Hopkins 15
Ayes, 0 Noes, 0 Absent
(Memo:
The communications tower referred to in Resolution No. 74-11 will be
integrated into the County’s existing 911 emergency communications system. Saia will be constructing the tower on land
currently owned by them. The County will
not take ownership of the tower or begin using it until construction is
completed. The parcel of land will be
transferred to Allegany County once construction of the tower is complete.)
RESOLUTION
NO. 75-11
ENDORSING THE ESTABLISHMENT OF
PROACT DISCOUNT PRESCRIPTION DRUG CARD
PROGRAM AND
PROACT DISCOUNT VISION, LASIK AND HEARING
DISCOUNT PROGRAM
FOR RESIDENTS OF ALLEGANY COUNTY AND
AUTHORIZING THE COUNTY OF ALLEGANY TO EXECUTE
AN AGREEMENT WITH PROACT, INC., FOR SAID
PROGRAMS
Offered
by: Ways and Means Committee
WHEREAS, the New York State Association
of Counties (NYSAC) has endorsed a County Discount Prescription Drug Card
Program administered by ProAct, Inc., a subsidiary of
Kinney Drugs, Inc., and
WHEREAS, ProAct,
Inc., is a full service pharmacy benefit management company with a reputation
for exceptional service, and a focus on the education of its members to manage
healthcare costs, and
WHEREAS, the
mission of ProAct, Inc., is to provide the highest
quality pharmacy benefit management services at a fair and competitive price to
the clients they serve; to satisfy the needs of their clients and to be
responsive to the needs and goals of their employees; to manage the resources
of their company to insure a fair and equitable return on investment to their
stock holders; and to plan and provide for continued growth, and
WHEREAS, by
participating in ProAct Discount Program(s) Allegany
County can provide reduced medicine costs for residents of the County who
struggle on a daily basis to afford necessary medicine, and
WHEREAS, this
is a voluntary program and is FREE to County residents; the Discount Card
Program is not insurance, but offers residents a cash discount for individuals
and families who pay high out-of-pocket prices for medicine because they do not
have prescription drug coverage or if a prescription is not covered by your
current insurance program, and
WHEREAS, there
is no charge of any sort to Allegany County, and
WHEREAS, the
discount card can be used at any participating pharmacy in the area and
nationwide, and
WHEREAS, the
discount program covers all prescription medications, brand name or generic;
and prescriptions for pets are also covered, and
WHEREAS, ProAct, Inc., also offers a discount vision, Lasik and
hearing discount program whereby members and their families will receive
significant savings on eye exams, frames, lenses and contacts; laser vision
correction procedures; and hearing products and services, and
WHEREAS, a
service agreement is necessary to make prescription drug discount cards
available to all Allegany County residents without regard to age, income, or
employment status, and at no expense to the card holder, and
WHEREAS, the
Ways and Means Committee has met and reviewed said request with a majority of
the members voting approval, now, therefore, be it
RESOLVED:
1. That the Allegany County Board of
Legislators hereby endorses the establishment of a prescription drug discount
card program and a discount vision, Lasik and hearing discount program with ProAct, Inc., 633 Route 298, East Syracuse, New York, for
the purpose of administering a prescription drug discount card program and a
discount vision, Lasik and hearing discount program at no expense to Allegany
County for the period May 9, 2011, through April 30, 2012.
2. That the
County of Allegany shall, at its option, have the ability to renew said
agreement for two additional one (1) year terms.
3. That the
Chairman of this Board or his duly authorized representative may execute any
and such agreement, documents, or papers, in the form to be filed with the
Clerk of the Board of Legislators, and as approved or modified by the County
Attorney, as may be necessary to implement the intent and purpose of this
Resolution.
Moved by: Mr. Hopkins Adopted: Roll Call
Seconded by: Mr. Fanton 14
Ayes, 1 No, 0 Absent
Voting
No: O’Grady
Comments made
regarding Resolution No. 75-11 included the following:
Legislator O’Grady stated that he would not
support the resolution. During
discussion in committee, he asked if tax dollars would be involved in the
program, even though it’s free to residents, and he didn’t receive a clear
response. The County already offers one
discount program, and there are other state-funded programs for people who
can’t afford prescriptions.
AUDITS:
A motion was made by
Legislator Hopkins, seconded by Legislator LaForge 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 14 Ayes, 1 No, 0 Absent, that the audit of claims, totaling
$1,923,499.89, 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 $2,892,818.) In response to a question by Legislator
Ungermann, County Administrator John Margeson explained the expenses for his
department.
ADJOURNMENT: The meeting was adjourned at 2:35 p.m. on a motion made by Legislator Ungermann,
seconded by Legislator Hopkins and carried.