ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

 

SEPTEMBER 26, 2011

** 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 Technician 3rd Class Leland C. Mosher.

 

INVOCATION:  The Invocation was given by Legislator David Pullen.

 

ROLL CALL:  14 Legislators Present:  Glenn Benson, Douglas Burdick, Donald Cady, Curtis Crandall, Dwight Fanton, Karl Graves, Dwight (Mike) Healy, Theodore Hopkins, Kevin LaForge, Aaron McGraw, Timothy O’Grady, David Pullen, Frederick Sinclair, Norman Ungermann, Jr.;  1 Legislator Absent:  Philip Curran

 

APPROVAL OF MINUTES:

 

            The Board meeting minutes of September 12, 2011, were approved on a motion made by Legislator Graves, seconded by Legislator Fanton and carried.

 

            The Committee of the Whole meeting minutes of September 12, 2011, were approved on a motion made by Legislator Pullen, seconded by Legislator Graves and carried.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall presented a certificate to Leland C. Mosher, former United States Army Technician 3rd Class, in grateful appreciation of his service to our Country.  Mr. Mosher’s service dates were from November 1942 to September 1945.  Following Basic Training at Camp Lee, VA (now known as Fort Lee), assignments included:  Camp Edwards, MA; Camp Gordon Johnston, FL; Ascot Camp, Australia; and New Guinea.  Commendations he received included:  Asiatic Pacific Service Medal, Good Conduct Medal, and Rifle Marksman.  Mr. Mosher 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 check to Public Health Director Lori Ballengee for Allegany County Cancer Services.  The Board of Legislators periodically makes these donations from their Flower Fund (non-tax dollars) to organizations that provide services they feel are very important to Allegany County, and Allegany County Cancer Services is one of them.  The funds they raise are distributed entirely within the County.  Mrs. Ballengee provided an update on Allegany County Cancer Services, which began in 2006.  All money raised goes to County residents with cancer diagnoses, helping with expenses directly related to cancer.  Each applicant receives up to $500, most often by way of gas cards for travel to doctor visits.  ACCS is having their annual major fundraiser, the Colors for Life 300 Club Dinner, at the Wellsville American Legion on October 15, and an invitation was extended.  Mrs. Ballengee distributed information on County cancer statistics and monetary awards made to-date by ACCS.  The number of residents they have helped is up to 176, and over $60,000 has been distributed over the last four years.

 

            ACCORD Community Operations Associate Director Belinda M. Knight was granted privilege of the floor and spoke about their Domestic Violence Services.  ACCORD assists more than 200 victims annually with free and confidential supportive services, such as emergency shelter, 24-hour domestic violence hotline, intake and assessment, advocacy, family offense petition preparation, risk assessment and safety planning, linkage to professional counseling services, and case management and goal planning.  Staff members serve on inter-agency committees, and partners include Child Protective Services, Office for the Aging, Alfred University, Allegany County Sheriff, Allegany County Court, and local police agencies.  In the past year, their program has served an increasing number of victims.  They experienced a temporary loss of local funding for Chances, but they were just awarded a three-year grant from the U.S. Department of Justice Office on Violence Against Women.  The grant will allow them to reinstate Chances, which provides very important education to women and children of domestic violence situations.  Ms. Knight invited all present to attend their Domestic Violence Awareness Ceremony on October 6 at 12:30 p.m. on the Courthouse lawn.  She noted that all of our efforts combined to bring about awareness of the critical issues will make a difference for those whose lives depend on our concern and our action.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

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

 

            1.         October 2011 Calendar of Board and Standing Committee meeting dates.

 

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

 

            3.         Report of Intrafund Transfers approved by the County Administrator in August.

 

The following communications were also acknowledged:

 

            1.         Invitation from the Greater Allegany County Chamber of Commerce to attend the Business after Hours Event hosted by Alfred State College on October 6 from 5:30 to 8:00 p.m.

 

            2.         Southern Tier West Regional Planning and Development Board 2010-2011 Annual Report.

 

            3.         Notice from the New York State Conservation Police that there will be Region 8 and 9 Youth Waterfowl Hunting events on October 1 and 8.

 

            4.         Public Notice from the NYS DEC that Belmont BOCES Site No. 902016, Tax Map No. 159-1-32, located on River Road, Amity, NY, no longer presents a threat to public health or the environment, and the NYS DEC is proposing to delist the site from the Registry.  Public comments are being received through October 21, 2011.

 

PROCLAMATION:

 

            Chairman Crandall proclaimed October 2011 as Domestic Violence Awareness Month and urged all citizens to actively participate in the scheduled activities and programs sponsored by the Allegany County Domestic Violence Consortium and to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions.

 

RESOLUTIONS:

 

RESOLUTION NO. 137-11

 

ACCEPTANCE OF INSURANCE PAYMENT FROM NYMIR AND

APPROPRIATION OF FUNDS TO CAPITAL VEHICLE PURCHASE/REPLACEMENT

AND INSURANCE RECOVERY ACCOUNTS

 

Offered by:  Ways and Means Committee

 

            WHEREAS, a check in the amount of $5,133, representing the settlement less a $500 deductible on a 2002 Chevy Astro Van that was totaled as the result of a motor vehicle accident on August 23, 2011, has been offered by NYMIR in settlement of such damage, now, therefore, be it

           

            RESOLVED:

 

            1.         That the amount of $5,133 from NYMIR, representing the settlement less a $500 deductible on a County vehicle that was totaled as a result of a motor vehicle accident on August 23, 2011, is accepted.

 

            2.         That the total sum of $5,133 is appropriated to Account No. H5997.2 (Vehicle Purchase/Replacement), with a like sum credited to Revenue Account No. H07.2680.00 (Insurance Recoveries).

 

            Moved by:  Mr. Hopkins                                                                            Adopted:  Roll Call

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

 

(Memo:  The vehicle referenced in Resolution No. 137-11 was operated by the Department of Public Works.)

 

RESOLUTION NO. 138-11

 

TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT

TO GRAND JURY CONTRACTUAL EXPENSES ACCOUNT

 

Offered by:  Public Safety and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $3,000 is transferred from Account No. A1990.4 (Contingent) to Account No. A1190.429 (Grand Jury – Stenographer/Transcripts) to cover the shortfall in that account.

 

            Moved by:  Mr. Healy                                                                                 Adopted:  Roll Call

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

 

RESOLUTION NO. 139-11

 

APPROVAL OF RENEWAL AGREEMENT BETWEEN

THE NEW YORK STATE UNIFIED COURT SYSTEM AND COUNTY OF ALLEGANY

FOR MAINTENANCE AND OPERATION OF COURT FACILITIES

 

Offered by:  Public Works Committee

 

            RESOLVED:

 

            1.         That Renewal Agreement between the New York State Unified Court System and County of Allegany, in relation to cleaning services for the interior of the Allegany County Courthouse as well as minor and emergency repairs to that facility for the period April 1, 2011, to March 31, 2012, is approved.

 

            Moved by:  Mr. Fanton                                                                              Adopted:  Roll Call

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

 

Comments regarding Resolution No. 139-11 included the following:  Legislator Sinclair questioned if the renewal agreement covers the 2012 increase in salary for staff performing these services.  County Administrator John Margeson noted that it is covered.  The State is often behind but is reliable in making the County whole for salary and benefit expenses incurred for provision of this service.

 

AUDITS:

 

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

 

            A motion was made by Legislator Hopkins, seconded by Legislator Fanton and adopted on a roll call vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $2,308,104.81, 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 $6,443,788.)  Legislator Ungermann questioned if the expense appearing under Bus Transportation was a pass-through amount or if County funds were involved.  County Administrator John Margeson explained that it was 100 percent federal aid.  Mr. Margeson also responded to Mr. Ungermann’s question on County Administrator expenses.

 

GENERAL COMMENTS:

 

            Legislator Ungermann remarked on the Garlic Festival held in Cuba September 17 and 18, which was very successful.  Paid attendance totaled 4,700 on Saturday alone, and when you start adding in vendors, the number was probably close to 9,000 overall for the weekend.  He also mentioned the Civil War Re-enactment held in Angelica September 24 and 25.  These events help the County’s economy.

 

            Legislator O’Grady commented on the ATV Event held at Kent Farms in Andover, with 600 riders over two days.  Legislator Hopkins noted that the event would be appearing on TV.

 

            Legislator Fanton gave a reminder that the Allegany County Republican Women are sponsoring a “Meet the Candidate Night” on Thursday, September 29, at 7:00.  Tickets are available from the Clerk of the Board or at the door.

 

            Legislator LaForge referred to a past request by the Allegany County Vietnam Veterans for assistance from the Veterans’ Service Agency for their Wounded Warriors’ Camp Project.  He had the opportunity to visit the site and was very impressed.  Mr. LaForge wanted to recognize Veterans’ Service Agency Director Mike Hennessy for his involvement.

 

ADJOURNMENT:  The meeting was adjourned at 2:37 p.m. on a motion made by Legislator Graves, seconded by Legislator Pullen and carried.