ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

JANUARY 23, 2012

** APPROVED **

CALL TO ORDER: The regular meeting of the Board of Legislators was called to order at 2:12 p.m. by Chairman Curtis W. Crandall.

PLEDGE OF ALLEGIANCE TO THE FLAG: The Pledge of Allegiance was led by former United States Navy Petty Officer 1^st Class Howard L. Cornwall.

INVOCATION: The Invocation was given by Legislator David Pullen.

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

APPROVAL OF MINUTES:

The Board Organization meeting minutes of January 3, 2012, were approved on a motion made by Legislator Fanton, seconded by Legislator Graves and carried.

The Board meeting minutes of January 9, 2012, were approved on a motion made by Legislator Hopkins, seconded by Legislator Curran and carried.

PRIVILEGE OF THE FLOOR:

Chairman Crandall presented a certificate to Howard L. Cornwall, former United States Navy Petty Officer 1^st Class, in grateful appreciation of his service to our Country. Mr. Cornwall’s service dates were from September 1958 to January 2001 (including Naval Reserves and Army Reserves). Following Basic Training at Great Lakes, IL, assignments included: USS Essex and USS Saratoga. He was deployed twice to the Mediterranean. Commendations he received included: several Naval Reserve Meritorious Service Medals, Good Conduct Medals, Expert Pistol and Rifle Awards, and numerous Letters of Commendation and Achievement. Mr. Cornwall led the Pledge of Allegiance to the Flag at the beginning of the meeting as part of the Veterans’ Honorary Pledge of Allegiance Program.

CROSSROADS DEVELOPMENT PROJECT PRESENTATION:

Chairman Curtis W. Crandall provided some background information for Resolution Intro. No. 14-12 related to the Crossroads Development Project. This resolution was referred from a meeting on January 11 in which all fifteen Legislators individually signed on as sponsors. The resolution will allow for a waterline to be developed from Friendship to the Crossroads Area at the intersection of State Route 19, County Road 20, and Interstate 86.

The Crossroads Area has been talked about for some time. Going back to the 1970s when State Route 17, the Southern Tier Expressway, opened, there’s been talk of development opportunities in that area, and nothing up to this point has happened. There were a lot of components that needed to be addressed. One of the circumstances that helped was related to the Low-Level Radioactive Waste Siting Commission’s designation of Allegany and Cortland Counties as potential dump sites. At the time, funds amounting to $625,000 were set aside for these counties for legal and other costs. Allegany County used very little of their money.

Through the 1990s, there was still talk of development opportunities at the Crossroads, but no firm action was taken. In the 2000s, former Senator Patricia McGee was approached to sponsor legislation to free up roughly $500,000 of the funds related to the Siting Commission issue to be used for development in Allegany County. The economic development project had to be specific, and the Crossroads Area was designated. In 2004, former Board Chairman James Palmer appointed a Crossroads Development Advisory Committee to move things forward to be able to utilize the funds that had been freed up.

What has been done between then and now was: a marketing analysis of the Crossroads Area was done by Carr Marketing Communications; a municipal agreement was negotiated with the Town of Friendship and legislation was approved; preliminary waterline engineering was done, including cost estimates; financial analysis was done for the feasibility of a waterline project; legal documents were prepared with the help of the County Attorney and outside attorneys hired by the Industrial Development Agency; and the political will of this Board to move forward with the project was expressed.

Three important parts of the project that were needed were: 1) Financial feasibility – Is it a good investment in the future of Allegany County? The answer to that is yes. 2) Legal aspects – Is it legally possible, and are the proper documents in place? The answer is yes. 3) Political – Does the majority of this Board support moving ahead? Fifteen Legislators have individually sponsored the resolution that will be voted on shortly, and we’ll see if that political will moves this legislation forward.

Chairman Crandall commented that it has taken a lot of help, inside and outside of the County, to make this happen. He recognized a few members of the Crossroads Development Team who have been instrumental in putting this together: County Treasurer Terri Ross, County Administrator John Margeson, County Attorney Tom Miner, IDA Board Chairman Chuck Jessup, IDA Executive Director and Director of Development John Foels, IDA Legal Counsel from Hodgson Russ, LLP, Dan Spitzer, County Financial Adviser from Municipal Solutions Jeff Smith, and LaBella Associates Engineer Mike Schaffron. Chairman Crandall turned the privilege of the floor over to Dan Spitzer.

Dan Spitzer spoke about the details of the Crossroads Project. Research shows that this area was known as the Crossroads as far back as the 1880s when there was a crossroads of three railroads, one of which is still there. It’s always been an area that was the center of commerce. In 2004, John Foels was able to obtain a grant from Rochester Gas and Electric to have a study done to determine what would be the best fit for development, given the transportation resources, to create a viable, affordable, fiscally responsible investment. The Carr Communications study identified the travel and hospitality services industry as the most likely to produce the type of sales tax revenue and job growth the IDA was looking for at this site.

The IDA began looking for potential developers and working with local land owners and appraisers. It’s been a careful, steady process. They were able to put together the initial engineering and environmental investigation through the use of the funds referred to earlier. The IDA took lead agency status for the environmental assessment, and for the specific project mentioned in the resolution, the IDA has adopted a negative declaration of environmental significance. The route of the proposed waterline is virtually all within County Road 20, so there’s very little environmental impact from the actual construction.

After looking at many developers, the IDA settled on an EB5 developer from Rochester. The developer has signed purchase documents for the Truck Stop parcel. That’s a private contract and is not part of this resolution. What is being considered today by the Legislature is the legal framework necessary to bring all of this about – to bring development in the form of a hotel and related services to the Crossroads Area. In addition to the developer, the IDA met last week with Congress Construction out of Boston. They are very experienced and have been in contact with Mike Schaffron from LaBella Associates, going over the specifics for the waterline.

Mr. Spitzer explained what the IDA is looking at in this project. Originally they were looking at both water and sewer lines; sewer was dropped, because they didn’t believe it was economically viable at this point. The resolution in front of the Board today will authorize the County to enter into a bond purchase agreement with the IDA. The IDA will issue a 30-year bond, with capitalized interest for the first few years to allow the project to get up and running. It is a taxable bond issued at approximately two percent interest. Mr. Spitzer pointed out that the way the bond works is very important, because this is not an “if you build it, they will come” project. The risk is a planning cost risk. The IDA has put together a comprehensive package of a number of users including the developers, the State of New York at the rest stop on I-86, and local residences in a mobile home park in need of higher quality water, and a contract is already in place between the County and the Town of Friendship for the provision of water service. The County will disperse funds as needed, but construction will not go forward until the County is satisfied that there is a financially viable project in place.

The second aspect of this project is the acquisition from the County by lease of the “S curve” properties on County Road 20 that were originally acquired by the County through tax sale. The proposal is to lease those properties to the IDA to allow them to bring in developers for industrial type uses. They’ve looked at a number of uses, and they’ll want to make sure it’s compatible with the hospitality industry. The lease will be very pro-County, with the majority of profits going to the County. The IDA will be required to develop it in a way that will generate property and sales tax revenue and jobs. It’s set up as a financing lease, so that whoever the IDA sub-leases to can borrow money; however, any mortgage would not be on the County’s property, only the improvements.

The third aspect of the project is necessary for the construction of the waterline to serve the Crossroads Area. It’s an easement along County Road 20. It’s a broad easement covering not only the waterline, but also a future possible sewer line. The IDA has been in touch with the railroad and other property owners along the way regarding placement of the waterline, and the actual placement will be decided between LaBella and the County Public Works Superintendent. It appears they will not need a water tank at this time, but they have identified lands to be used if necessary for that.

The IDA will also be acquiring property adjoining the Truck Stop, bringing the total area for development up to about 28 acres in that first phase. The first phase for the IDA will be to determine if they have sufficient revenues to pay what they borrow from the County.

In terms of the actual borrowing, it is the IDA’s intent to keep it to a minimum. Already through the efforts of County staff and IDA staff, they have a $150,000 grant lined up with help from Southern Tier West and Arc through the Appalachian Regional Council. There are other grants pending. The IDA is hopeful that the Regional Economic Council, which identified Western New York as one of its primary plan winners, will help bring in other revenues to reduce the cost.

Jeff Smith, the County’s Financial Advisor, expanded on the financial details of the project. It’s been a long road to get here, and the efforts of the Legislature and the County Treasurer’s good fiscal management have made this a reality. The County is now in the financial position to be able to extend the loan necessary to jump-start this project. The timing is excellent based on the interest rates in the market and the very competitive bidding environment. What they’ve been able to develop is a financing package where the County will be making an investment. Rather than investing in CDs or savings accounts, which are about the only avenues available to the County and right now are paying an interest rate of .3 to .375 percent, the County will be investing this money at an interest rate of about 2 percent. Their goal with this financing plan is to have the project up and running within a 24-month timeframe and to be able to take the financing out down the road after we have a successfully completed project that shows the financial ability to carry the debt associated with it. As the project progresses, the IDA will make sure they abide by the Davis Bacon wage rates, state prevailing wage rates, and all of the environmental requirements so that they are able to place the completed project with the Environmental Facilities Corporation for a 30-year loan from that agency, using their triple-A bond rating, to secure the long-term financing. The loan terms are potentially a 35-year period, but the goal is to have the County graduate the loan into other financing within the first four years. The proposal has been structured in a conservative manner. The only at-risk component is the design, but after the design phase, when the actual project is ready to go, money will be able to be drawn only as needed and only as progress is actually being made. There are a lot of fail-safes that have been developed in the bond purchase agreement. Mr. Smith will be watching this very closely, along with the County Treasurer, and they will make sure that the units are there to be able to repay the debt before they proceed.

IDA Executive Director John Foels gave an overview of the “three Ps” of the project: property, project, and pipe. The initial pipe needed is water. You also have to have the property under control and a viable project. The IDA was able to facilitate acquisition of the property over the past three months, although it’s taken much longer when considering the discussions with landowners and the Truck Stop property bankruptcy and foreclosure proceedings.

Allegany Square, LLC, out of Rochester, is under a firm purchase agreement for the 11-acre Truck Stop parcel, which is now owned by Thunder Road, LLC. They expect to close on that after they do their due diligence, which is now underway. The second parcel is behind the Truck Stop. The IDA will be purchasing 18.5 acres currently owned by the VanDyke family to back up the investment being made on the Truck Stop. This total of a little over 28 acres will be the starting point. The reason for beginning with the northwest quadrant of SR19 and CR20 is that they have to develop the abandoned travel facility first, because no one will be attracted to either side unless that problem is rectified. The developer is interested in attacking that, and he understands the issues inherent with old truck stops.

Their initial game plan is travel-related services: fuel, convenience, complementary retail, hospitality, and lodging. The site plans are being developed, and engineering is underway in Rochester and Boston. When the developer is ready to build, the IDA will do their part also. The County Treasurer will be the dispersing officer on this, and she and Jeff Smith will make sure the IDA has taken care of their responsibilities prior to coming to the County for payment. The IDA sees this as a good first step. They’re very comfortable with the developers and their development partners. Mr. Foels expressed his appreciation for the Board’s consideration of the bond purchase proposal, noting he wished there was another way. It’s good that the County is in a position, where we weren’t five years ago, to be able to take this on.

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

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

1. 2010 Journal of Proceedings.

2. February 2012 Calendar of Board and Standing Committee meeting dates.

3. Committee of the Whole Meeting Minutes of January 11, 2012, for review.

4. Legislators’ Compensation Table for 2011.

5. Report of Intrafund Transfers approved by the County Administrator in December 2011.

The following communications were also acknowledged:

1. Correspondence from Assemblyman Joseph Giglio regarding Mandate Relief.

RESOLUTIONS:

RESOLUTION NO. 14-12

RESOLUTION 1) APPROVING THE PURCHASE OF CERTAIN OBLIGATIONS

ISSUED BY THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY

TO FINANCE A CERTAIN INFRASTRUCTURE PROJECT FOR

THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY,

2) AUTHORIZING THE LEASE OF A PIECE OF COUNTY PROPERTY TO

THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY

FOR USE IN THE CROSSROADS PROJECT, AND

3) AUTHORIZING THE GRANT OF AN EASEMENT IN COUNTY ROUTE 20 FROM

THE COUNTY TO THE ALLEGANY COUNTY INDUSTRIAL DEVELOPMENT AGENCY

FOR WATER, SEWER, AND OTHER UTILITY LINES

Offered by: Legislators Glenn R. Benson, Douglas D. Burdick, Donald L. Cady,

Curtis W. Crandall, Philip B. Curran, Dwight R. Fanton, Karl Graves, Dwight (Mike) Healy, Theodore L. Hopkins, Kevin S. LaForge, Aaron M. McGraw, Timothy J. O’Grady,

David T. Pullen, Esq., Frederick Sinclair, and Norman G. Ungermann, Jr.

WHEREAS, the Allegany County Industrial Development Agency (the “Issuer”) is authorized and empowered by the provisions of Chapter 1030 of the 1969 Laws of New York, constituting Title 1 of Article 18-A of the General Municipal Law, Chapter 24 of the Consolidated Laws of New York, as amended (the “Enabling Act”) and Chapter 99 of the 1973 Laws of New York, as amended, constituting Section 906-a of said General Municipal Law (said Chapter and the Enabling Act being hereinafter collectively referred to as the “Act”) to promote, develop, encourage, and assist in the acquiring, constructing, reconstructing, improving, maintaining, equipping, and furnishing of industrial facilities, among others, for the purpose of promoting, attracting, and developing economically sound commerce and industry to advance the job opportunities, health, general prosperity, and economic welfare of the people of the State of New York, to improve their prosperity and standard of living, and to prevent unemployment and economic deterioration; and

WHEREAS, to accomplish its stated purposes, the Issuer is authorized and empowered under the Act to issue its revenue bonds to finance the cost of the acquisition, construction, reconstruction, and installation of one or more “projects” (as defined in the Act), to acquire, construct, reconstruct, and install said projects or to cause said projects to be acquired, constructed, reconstructed, and installed, and to convey said projects or to lease said projects with the obligation to purchase; and

WHEREAS, the Issuer is proposing to undertake a project (the “Infrastructure Project”) said Infrastructure Project consisting of (A)(1) the acquisition of an interest in various parcels of land along Route 20 in the Town of Friendship and the Town of Amity, Allegany County, New York (the “Land”), (2) the construction on the Land of water, sewer, and related supporting infrastructure (collectively, the “Infrastructure”), and (3) the acquisition and installation therein and thereon of related machinery and equipment (the “Equipment”) (the Land, the Infrastructure, and the Equipment being hereinafter collectively referred to as the “Infrastructure Project Facility”), and (B) the financing of all or a portion of the costs of the foregoing by the issuance of revenue bonds in one or more issues or series in an aggregate principal amount not to exceed $3,500,000 (the “Bond”); and

WHEREAS, the Issuer intends to construct the water, sewer, and related supporting infrastructure for the Project using in part the right-of-way of County Highway Route 20, and therefore requests the County to issue an easement for such use (the “Easement”); and

WHEREAS, the Issuer intends to lease property on County Route 20 identified as SBL #s 10.-1-14.11 and 157.-1-18.2 for the development as an industrial park, which property was acquired through a tax sale and is currently excess land not used for any County purpose (the “Lease”); and

WHEREAS, the Issuer has asked the County to grant the easement, enter into the lease, and purchase the Bond to assist with the financing of the construction of the Infrastructure Project and, for the reasons set forth below, the County would like to purchase the Bond, grant the Easement, enter into the Lease, now therefore, be it

RESOLVED:

1. The County hereby finds and determines that:

(A) The acquisition, construction, and installation of the Infrastructure Project Facility will promote and maintain the job opportunities, general prosperity, and economic welfare of the citizens of Allegany County, New York, and the State of New York and improve their standard of living; and

(B) It is desirable and in the public interest for the Issuer to issue and the County to purchase the Bond upon terms and conditions ultimately agreed to by the County Attorney and the Chairman of the Board of Legislators of Allegany County; and

(C) The property on County Route 20 identified as SBL #s 10.-1-14.11 and 157.-1-18.2 is currently excess land not used for any County purpose, and it is desirable and in the public interest for the County to lease the property to the Issuer upon terms and conditions ultimately agreed to by the County Attorney and the Chairman of the Board of Legislators of Allegany County; and

(D) It is desirable and in the public interest for the Issuer to construct and operate utility lines serving the Crossroads Project and for County Route 20 to be used for such purposes and the County to grant an easement along the County Route 20 right-of-way upon terms and conditions ultimately agreed to by the County Attorney and the Chairman of the Board of Legislators of Allegany County.

2. In consequence of the foregoing, the County determines to (1) purchase the Bond, (2) enter into the Lease, and (3) grant the Easement on terms and conditions ultimately agreed to by the County Attorney and the Chairman of the Board of Legislators of Allegany County, New York.

3. The Chairman of this Board is hereby authorized and directed for and in the name and on behalf of the County to do all acts and things necessary and required to carry out the purpose of this Resolution, including entering into any and all documents necessary to purchase the Bond, enter into the Lease, and grant the Easement.

4. This resolution shall take effect immediately.

Moved by: Mr. Healy Adopted: Roll Call

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

Comments made regarding Resolution No. 14-12 included the following:

Legislator Hopkins pointed out that the County’s biggest method of financing our programs is property tax, and until we can increase our sales tax and other revenues, there’s no way to decrease property tax. This proposal will give us the opportunity to increase sales tax to the point where we can start seeing some decrease in property taxes. If you look at other counties that have higher sales tax revenues, their property taxes are lower, because that’s how they finance their government. This is a great opportunity for us, especially since a lot of the sales tax revenue will come from out-of-County travelers. The creation of jobs, sales tax, and what this will do for us financially in the future is extremely important.

Legislator Healy remarked that in the history of civilization, all development has taken place along major transportation corridors. The intersection of I-86 and State Route 19 in Belvidere is the best intersection between Painted Post and Erie, Pennsylvania. It has the most flat land that has potential for development. The only drawback we’ve had is the lack of water. With this resolution, we’ve reached a crossroads of our destiny in the County – we need to decide whether to live in the past, or invest in the future. We have chosen, or are about to choose, to invest in the future. This resolution is a true County project for the reasons that Legislator Hopkins just expressed: 1) immediate development which is likely to occur in the area, 2) generation of sales tax, the majority of which will be paid by passing motorists on I-86 and not by our local residents, 3) building the infrastructure will add to our tax base, 4) creation of jobs, and 5) it will foster further development, both locally in the area and also County-wide. For most people who come here, this area is the first thing they see when they enter the County. Mr. Healy commended the Board and the leadership of the Board for putting us in a position to be able to take advantage of this.

Legislator Cady noted that Route 275 through Friendship was thought to be the first paved road in the County, and the potential for development in this broad valley is still there. Mr. Cady supports whatever we can do to get this going. He asked about the sales tax revenue from the Truck Stop when it was in operation. County Administrator John Margeson thought it was about $1.5 million.

Legislator Ungermann referred to a letter regarding this issue that was received by all of the Legislators from Al Carlin of Wellsville, who was also in attendance, and he hoped Mr. Carlin’s questions had been answered. The estimate for this project is now at $3.5 million simply because we are only going to run the waterline at this point. The resolution does allow for sewer eventually, as development advances, which is something Mr. Ungermann was concerned about. Mr. Carlin also questioned why we can’t use the former Acme building in Cuba. That’s something Mr. Ungermann stated that he would like to see; however, there’s no rail service there, and it’s the same way with the Wellsville airport. The County owns a piece of property in the proposed location obtained through a tax sale, and the railroad runs right by it, making it easy to put a siding in. As Mr. Healy addressed, we really do have one of the best locations, because it is flat. Nothing is without risk, but Mr. Spitzer has said that we won’t be spending any money until we have a signed agreement of some sort to utilize those services. Mr. Sinclair has alluded to the fact that the rest stop on I-86 is looking for water, so we would have a user there, along with one of the trailer parks. Mr. Ungermann felt confident that between the County Treasurer, County Attorney, the IDA, and this Board, no funds will be expended until development is in place. Mr. Ungermann expressed his support.

Legislator Sinclair stated that this resolution brings into focus not only the vision of the past and present Legislature, but also that of many members of the community and the taxpayers who see this investment as one of our best opportunities to create jobs, raise sales tax revenue, increase availability of hospitality services, and support small business development. With this action, we further attain the goals of increasing revenues in support of our government operations and the County as a whole and reducing the tax burden. Not only are all of these dollars to be returned to the County treasury over time, the purchase of these bonds in support of this project takes our reserve funds from a position of earning less than one percent interest to quadrupling that to two percent. All these reasons make this a very good prospect.

Legislator Pullen remarked that this is a very conservative area, and this is also a very conservative Board. He is a firm believer in free enterprise. As Mr. Pullen understands the structure and model that we’re following, we will be relying on private enterprise and private investment. This model indicates that until we have a commitment from private developers that they think it’s worth the investment of their money, and they’re going to put their money down and make an investment to bring new business and new activity to our County, only then will our dollars, taxpayer dollars, be released. If they decide it’s not going to work, the taxpayers’ dollars won’t have been put at risk. We do have to put in the soft costs – the engineering, the legal, the financial consultant costs – to at least make it possible, but overall this will only work if private enterprise says that this is viable. That’s really the guarantee. If those who have the experience, the training, and the resources decide that they’ll put those resources into play, then he’s comfortable putting in those local taxpayer dollars. Mr. Pullen felt that the facts presented support moving forward.

Resolution Intro. No. 15-12 (RESOLUTION AMENDING BOARD RULES TO ABOLISH THE COURT FACILITIES AND COUNTY SPACE NEEDS COMMITTEE AND CREATE THE FACILITIES AND COMMUNICATIONS COMMITTEE; TRANSFERRING JURISDICTION OVER INFORMATION TECHNOLOGY FROM THE WAYS AND MEANS COMMITTEE TO THE NEW FACILITIES AND COMMUNICATIONS COMMITTEE; AMENDING BOARD RULES TO ELIMINATE AND RENUMBER CERTAIN RULES TO REFLECT SUCH CHANGES) was amended on a motion made by Legislator Hopkins, seconded by Legislator Healy and carried, by adding the Ways and Means Committee as a sponsor of the resolution.

RESOLUTION NO. 15-12

RESOLUTION AMENDING BOARD RULES TO

ABOLISH THE COURT FACILITIES AND COUNTY SPACE NEEDS COMMITTEE AND CREATE THE FACILITIES AND COMMUNICATIONS COMMITTEE;

TRANSFERRING JURISDICTION OVER INFORMATION TECHNOLOGY

FROM THE WAYS AND MEANS COMMITTEE

TO THE NEW FACILITIES AND COMMUNICATIONS COMMITTEE;

AMENDING BOARD RULES TO ELIMINATE AND RENUMBER CERTAIN RULES

TO REFLECT SUCH CHANGES

Offered by: Legislator Curtis W. Crandall and Ways and Means Committee

RESOLVED:

1. That County Board Rule 190.A.2 is amended to reflect material deleted as shown by strike out and material added as shown by material underlined as follows:

~~2. Court Facilities and County Space Needs.~~

2. Facilities and Communications.

2. That County Board Rule 220.B is amended to eliminate the Court Facilities and County Space Needs Committee and create the Facilities and Communications Committee, which amendments are described by material deleted indicated by strike out and material added by material underlined as shown as follows:

B. ~~COURT FACILITIES AND COUNTY SPACE NEEDS~~

~~1. General Jurisdiction:~~

a. Comprehensive planning for the space needs of the court system and all County departments and offices including capital planning for all costs associated with such planning. Subject to final approval by the full Board of Legislators.

b. Planning and oversight of all County physical plant construction or acquisition and space allocation including the financing and payment of all costs associated with such construction, acquisition, and space allocation. Subject to final approval by the full Board of Legislators.

~~2. Specific Jurisdiction:~~

a. Study, formulate, and recommend to the County Board for adoption, plans for the utilization of existing and proposed County physical plant facilities for the needs of the court system and all County departments and offices.

b. Study, formulate, and recommend to the County Board for adoption, methods of financing and paying the costs of any and all renovations, additions, and changes to existing County physical plant facilities and the costs of construction or acquisition of new or proposed County physical plant facilities necessary for the needs of the court system and all County departments and offices.

~~c. Supervision of County Administrator’s space allocation powers and duties.~~

~~3. Administrative Unit Jurisdiction:~~

~~a. Office of Planning and/or County Planner with respect to planning for proposed County facilities and allocation of space in such facilities~~.

b~~. County Administrator with respect to space allocation powers and duties.~~

B. FACILITIES AND COMMUNICATIONS COMMITTEE

1. General Jurisdiction:

a. Comprehensive planning for the space needs of all County governmental agencies along with facilities provided for the County court system to include capital planning for all costs associated with such planning. Subject to final approval by the Board of Legislators.

b. Comprehensive planning for the provision of vehicular parking areas for County employees, employees of the County court system, and the general public to include capital planning for all costs associated with such planning. Subject to final approval by the Board of Legislators.

c. Planning and oversight of all County physical plant construction or acquisition and space allocation including the financing and payment of all costs associated with such construction, acquisition, and space allocation. Subject to final approval by the Board of Legislators.

d. Information Technology.

e. Enhanced 911 Dispatch (Communication Infrastructure only).

f. Telecommunications systems including police and emergency systems.

2. Specific Jurisdiction:

c. Supervision of County Administrator’s space allocation powers and duties.

d. Supervision of the Information Technology Department in performance of data processing powers and duties (see Local Law No. 5 of 1993, as amended by Local Law No. 1 of 2001).

e. Responsible for the development of policies and procedures relating to interdepartmental networking of data processing systems.

f. Responsible for the development of a plan for the future enhancement of the County’s telecommunications systems including those systems presently under the jurisdiction of the Public Safety Committee, i.e., police and emergency.

3. Administrative Unit Jurisdiction:

a. County Administrator with respect to space allocation powers and duties.

b. Sheriff with respect to the communications infrastructure of Enhanced 911 Dispatch.

c. Information Technology Department.

3. That County Board Rule 220.E is amended with material deleted indicated by strike out and material added, consisting of renumbering or re-lettering, shown by the material underlined as follows:

E. WAYS AND MEANS

1. General Jurisdiction:

a. General administrative operations rules and regulations of County government.

b. General legislative operations rules of the County Board.

c. County enforcement procedures in relation to the collection of the real property tax.

d. Procedures for the correction of errors on tax rolls, the refund of real property taxes, and the cancellation of void real property taxes.

e. County equalization or alternative method of County equalization procedures.

~~f. Information Technology~~.

~~g. Telecommunications systems excluding police and emergency systems.~~

h.f. General responsibility for the planning, control, and oversight of the County Budget.

i.g. Oversight of general County revenues, appropriations, and expenditures.

2. Specific Jurisdiction:

a. Study, formulate, and recommend to the County Board for adoption, rules and regulations which affect the general administrative operations of the County government.

b. Study, formulate, and recommend to the County Board for adoption, rules which affect the general legislative operations of the County Board.

c. Supervision of the Clerk of the Board of Legislators’ central service powers and duties (see Res. 74-86).

d. Investigate and report on whether a person recommended to fill any vacancy in the Office of County Legislature meets the qualifications set forth in Local Law No. 3 of 1993.

e. Supervision of County Real Property Tax Service Agency in performance of its respective powers and duties relating to the matters under General Jurisdiction.

f. Specific authority to recommend to the County Board for its approval an offer to purchase the County’s interest in real property obtained by the County Treasurer for unpaid real property taxes, if the tax deed to the County of such interest has not been on record in the County Clerk’s Office over one year.

~~g. Supervision of the Information Technology Department in performance of data processing powers and duties (see Local Law No. 5 of 1993, as amended by Local Law No. 1 of 2001).~~

~~h. Responsible for the development of policies and procedures relating to interdepartmental networking of data processing systems.~~

i. Responsible for the development of a plan for the future enhancement of the County’s telecommunications systems excluding those systems presently under the jurisdiction of the Public Safety Committee, i.e., police and emergency.

j.g. Receive and evaluate on a monthly basis budget monitoring reports and other budget related information from County departments and offices.

k.h. Review the annual County tentative budget and assess the impact of local conditions and State and Federal actions on the tentative budget. Recommend changes in tentative budget to the full Board of Legislators in a budget report pursuant to County Law Section 357.

l.i. Review Budget Officer’s proposed appropriation resolution referring to a tentative budget and making provisions for the conduct of the County Government for the ensuing fiscal year.

m.j. Supervision of County Treasurer’s fixed assets records powers and duties (see Res. 74-86).

n.k. Offer for County Board action any of the following:

(1) a transfer of funds between capital projects established by resolution of the County Board.

(2) a transfer of funds from the contingent account or from any other major appropriation account to another major appropriation account.

(3) an appropriation of unanticipated revenues or unappropriated cash surplus within a particular Fund.

(4) an appropriation of grants in aid received from the State and Federal governments.

(5) an appropriation of other gifts which are required to be expended for particular objects or purposes.

(6) an appropriation of insurance proceeds received for the loss, theft, damage, or destruction of real or personal property, when proposed to be used or applied to repair or replace such property (see County Law Section 366).

3. Administrative Unit Jurisdiction:

a. County Administrator.

b. Chairman of the County Board of Legislators.

c. Clerk of the County Board of Legislators.

d. County Attorney.

e. Real Property Tax Service Agency.

f~~. Information Technology Department~~.

g.f. Budget Officer and Deputies.

h.g. County Treasurer.

4. This resolution shall take effect immediately.

Moved by: Mr. Hopkins Adopted: Roll Call

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

Comments made regarding Resolution No. 15-12 included the following:

Legislator Ungermann noted that the new committee has been given some power to do something about the parking problem. He felt that the parking problem should have been taken care of before we ever built the addition. There’s been discussion about getting some parking space back by using the church lot and the former Presutti property, but there are some people who have problems with walking up that hill. You’re never going to replace the flat parking area we had with something at the bottom of the hill. Ice is a problem in the winter, and there’s a sidewalk on only one side of the street. Some people walk up the middle of the street. Mr. Ungermann stated that he was against building the addition out back when there was 90,000 square feet of space given away and 200 parking spaces on the flat. This just takes away the responsibility for parking from the committee that should have done something about it and passes it on to someone else.

Chairman Crandall agreed that there are parking issues that need to be addressed, but in a recent committee meeting, the number of parking spaces that we currently have, including those at the foot of the hill, were compared to those that we started the project with. He stated that he understood Mr. Ungermann’s concern with the hill, but we have more parking spaces today than when this project began. The parking issue that needs to be addressed at this time is who parks where and how those parking spaces are utilized. That is going to be looked at in this new committee, nothing different than what has been in place before. It was also explained in Ways and Means that there is a local law that places the delegation of County parking to Public Works. This committee will work in conjunction with Public Works to address that issue.

Legislator Fanton remarked that for most places of employment, you do have to walk a distance to get there. We have handicapped areas, and if we need a couple more, that can be done. Mr. Fanton didn’t feel it was asking too much of anyone to walk that far.

Legislator Sinclair noted that obviously we still have facilities and parking issues, but we also have needs in communications. He has monitored the work of our Communications Ad Hoc Committee and has taken part in development of some perspectives concerning where we were regarding communications. There is a federal push for us to develop the next generation of 911 system, which is to be merged with our private communications capability to facilitate all users and all equipment to be able to plug into that. There are critical things that need to be done to bring us fully into the next generation of communications here in the County. That is a part of our Comprehensive Plan, and it will also further development in the County. Having a committee specifically addressing communications is very important.

RESOLUTION NO. 16-12

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, 2012, to February 1, 2013, is approved.

2. That the premium of $235,196.80 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 2012 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. Fanton 14 Ayes, 0 Noes, 1 Absent

(Memo: Regarding Resolution No. 16-12, it was noted that the premium does not include property premium for the new Courthouse Addition and Maintenance Building. These structures are currently insured on a Builders Risk policy, which was paid in full two years ago. When that coverage is cancelled in lieu of the NYMIR Property policy coverage, the endorsement additional premium is expected to be approximately $10,839.)

RESOLUTION NO. 17-12

CREATING POSITION OF PART-TIME SECRETARY TO CLERK OF THE BOARD

Offered by: Personnel Committee

RESOLVED:

1. That the position of part-time Secretary to Clerk of the Board is created in the Clerk of the Board’s Office and is placed in Grade 2 of the Non-Unit Salary Plan.

2. This resolution shall take effect January 24, 2012.

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

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

Voting No: Ungermann

(Memo: Regarding Resolution No. 17-12, the position would be responsible to take the minutes at all committee meetings, and then transcribe, distribute, and file them. Filling this position will better enable the County to comply with the Board Rules, Open Meetings Law, and Public Officers Law regarding how our minutes are taken, distributed, and retained. It should result in higher quality, consistent minutes prepared in a timely manner for all committees, and it will free up key personnel to work on other things. The approximate fiscal impact is $14,144, and the funds are included in the 2012 Budget.)

RESOLUTION NO. 18-12

A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF

LOCAL BRIDGE NO. 13-03 (B.I.N. 2214500) IN TOWN OF CENTERVILLE

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 Local Bridge No. 13-03 (B.I.N. 2214500) on North Hill Road in the Town of Centerville 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 $369,000, 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 Local Bridge No. 13-03 (B.I.N. 2214500) on North Hill Road in the Town of Centerville 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 $369,000 and will come from Account No. H5120.200 (Maintenance of Bridges) in the 2012 County Budget.

4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $313,650 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 $55,350, 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 Centerville files the appropriate Town Board resolution in accordance with Resolution No. 65-95.

Moved by: Mr. Fanton Adopted: Roll Call

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

Comments made regarding Resolution No. 18-12 included the following:

Legislator Pullen pointed out that this program is not mandated by New York State, but should be mandated by common sense. If the two percent tax cap continues and we don’t find other funding streams, we’re going to have to start eliminating some of the things we do. We need to maintain our infrastructure, but we need to understand that as the mandates continue and increase and the tax cap limits our options, we’ll be faced with hard choices. He just hopes we can find a way to avoid having to say no to projects like this in the future.

Legislator Sinclair commended the State of New York for continued support of CHIPs appropriation. We were notified that the amount we will receive for roads has remained the same for this coming year.

RESOLUTION NO. 19-12

A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF

LOCAL BRIDGE NO. 24-17 (B.I.N. 2215020) IN TOWN OF SCIO

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 Local Bridge No. 24-17 (B.I.N. 2215020) on Pixley Hill Road in the Town of Scio 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 $322,000, 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 Local Bridge No. 24-17 (B.I.N. 2215020) on Pixley Hill Road in the Town of Scio to be of sufficient importance to be reconstructed.

3. That the authorized cost for the construction of such Bridge shall not exceed $322,000 and will come from Account No. H5120.200 (Maintenance of Bridges) in the 2012 County Budget.

4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $273,700 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 $48,300, 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 Scio files the appropriate Town Board resolution in accordance with Resolution No. 65-95.

Moved by: Mr. Fanton Adopted: Roll Call

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

RESOLUTION NO. 20-12

A RESOLUTION IN RELATION TO THE RECONSTRUCTION OF

LOCAL BRIDGE NO. 04-04 (B.I.N. 2254690) IN TOWN OF ALMOND

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 Local Bridge No. 04-04 (B.I.N. 2254690) on Depot Street (a.k.a. Erie Avenue) in the Town of Almond 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 $175,000, 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 Local Bridge No. 04-04 (B.I.N. 2254690) on Depot Street (a.k.a. Erie Avenue) in the Town of Almond to be of sufficient importance to be reconstructed.

3. That the authorized cost for the construction of such Bridge shall not exceed $175,000 and will come from Account No. H5120.200 (Maintenance of Bridges) in the 2012 County Budget.

4. That in accordance with Resolution No. 65-95, the County’s share of such cost is estimated to be $148,750 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 $26,250, 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 Almond files the appropriate Town Board resolution in accordance with Resolution No. 65-95.

Moved by: Mr. Fanton Adopted: Roll Call

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

Comments made regarding Resolution No. 20-12 included the following: Legislator Fanton pointed out that we’re doing three town bridges and only one County bridge this year, and that has to do with efforts made to stay within our two percent tax cap.

RESOLUTION NO. 21-12

ESTABLISHING A 2012 CAPITAL PROJECT ACCOUNT FOR

COUNTY BRIDGE NO. 02-07, COUNTY ROAD 15, TOWN OF ALLEN;

PROVIDING FUNDING 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 County Bridge No. 02-07 on County Road 15 in the Town of Allen.

2. The funding for such Capital Project Account will come from Account No. H5120.200 (Maintenance of Bridges) in the 2012 County Budget.

3. That the sum of $506,700 for such Capital Project will be transferred to an account number to be designated by the County Treasurer.

Moved by: Mr. Fanton Adopted: Roll Call

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

RESOLUTION NO. 22-12

ACCEPTANCE OF INSURANCE PAYMENTS FROM NYMIR

AND UNITED SERVICES AUTOMOBILE ASSOCIATION (USAA);

APPROPRIATION OF FUNDS TO INSURANCE RECOVERY ACCOUNT

Offered by: Ways and Means Committee

WHEREAS, a check in the amount of $314.81, representing a supplemental charge and reimbursement for repairs to a 2010 Chevy Tahoe that was damaged during a motor vehicle/deer accident on November 14, 2011, has been offered by NYMIR in settlement for such damage, and

WHEREAS, a check in the amount of $2,255.55 and supplemental check in the amount of $338.74, representing the cost to repair a 2010 Dodge Caravan that was damaged on December 2, 2011, has been submitted from United Services Automobile Association (USAA), now, therefore, be it

RESOLVED:

1. That the sum of $2,909.10, representing repairs to a 2010 Chevy Tahoe and a 2010 Dodge Caravan, is accepted and placed in the 2011 accounts receivable and posted to Revenue Account No. CS07.2680.00.

Moved by: Mr. Hopkins Adopted: Roll Call

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

(Memo: Regarding Resolution No. 22-12, the 2010 Chevy Tahoe is a Sheriff’s Office vehicle, and the 2010 Dodge Caravan is an Office for the Aging vehicle.)

RESOLUTION NO. 23-12

ACCEPTING AND APPROPRIATING FUNDS FROM

NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES TO

PROBATION PERSONNEL SERVICES ACCOUNT

Offered by: Public Safety and Ways and Means Committees

RESOLVED:

1. That the sum of $3,624 from New York State Division of Criminal Justice Services for a three-month Probation Eligible Diversion (PED) “bridge” contract for period January 1, 2012, through March 31, 2012, is accepted.

2. That the accepted sum of $3,624 is appropriated to Account No. A3140.1 (Probation – Personnel) with a like sum credited to Revenue Account No. A10.3310.03 (State Aid – Probation Eligible Diversion).

Moved by: Mr. Healy Adopted: Roll Call

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

RESOLUTION NO. 24-12

RESOLUTION ACCEPTING FEDERAL AND STATE COLA FUNDS

FOR THE 2012 CHILDREN WITH SPECIAL HEALTH CARE NEEDS PROGRAM; APPROPRIATION OF FUNDS

Offered by: Human Services and Ways and Means Committees

RESOLVED:

1. The sum of $1,435 in COLA funds for the County Health Department Children with Special Health Care Needs Program is accepted and appropriated to Account No. A4054.4 with a like sum credited to Revenue Account No. A10.3401.4054.

Moved by: Mr. Burdick Adopted: Roll Call

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

RESOLUTION NO. 25-12

APPROVAL AND RATIFICATION OF SEVEN-YEAR AGREEMENT BETWEEN

COUNTY OF ALLEGANY AND NEW YORK STATE NURSES ASSOCIATION; IMPLEMENTING 2008 COMPENSATION NOTWITHSTANDING

PROVISIONS OF RESOLUTION NO. 85-2004

Offered by: Personnel Committee

RESOLVED:

1. That Agreement between the County of Allegany and the New York State Nurses Association covering the period January 1, 2008, to December 31, 2014, is approved.

2. That notwithstanding the provisions of section 3 of Resolution No. 85-2004 to the contrary, retroactive to and from January 1, 2008, each unit employee occupying a position set forth in Agreement between the County of Allegany and the New York State Nurses Association, approved by this resolution, shall receive the salary or rate of compensation for the step of the Grade of the position occupied that is set forth in Schedule A of such Agreement, and which salary or rate of compensation such unit employee is entitled to receive commencing January 1, 2008, pursuant to such Agreement and pursuant to the County Unit Salary Plan; the increment recommendation from the Public Health Director for each such unit employee under her jurisdiction receiving such recommendation being approved.

3. That the Chairman of this Board is authorized to execute and ratify the Agreement upon its preparation and approval by the County Attorney's Office.

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

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

RESOLUTION NO. 26-12

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 Committee

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 $80,000, commencing January 1, 2012, and ending on December 31, 2012, 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. Curran 13 Ayes, 1 No, 1 Absent

Voting No: Cady

RESOLUTION NO. 27-12

APPROVAL OF INTER-MUNICIPAL AGREEMENT WITH CATTARAUGUS COUNTY

TO PROVIDE LEAD POISONING PREVENTION PROGRAM SERVICES; APPROPRIATION OF FUNDS

Offered by: Human Services and Ways and Means Committees

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, 2012, through December 31, 2014, in an amount not to exceed $3,000 per year, is approved.

2. That an adjustment to the 2012 budget shall be made by appropriating the sum of $800 to Account No. A4010.1 (Health Department – Personnel) with a like sum credited to Revenue Account No. A03.2280.4037.

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

Moved by: Mr. Burdick Adopted: Roll Call

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

Comments made regarding Resolution No. 27-12 included the following:

Legislator Ungermann questioned if this might be one of the non-mandated programs that has run its course, and it’s time to eliminate it. He was told that it’s very rare to have more than possibly one lead poisoning case in a year.

Public Health Director Loreen Ballengee responded that she believes the lead program is mandated by the New York State Department of Health. There might be only a couple of cases per year with elevated lead levels, but the Health Department also does a lot with lead prevention. Children are legally required to be tested at ages one and two, and the Health Department assists the doctors and also does the testing themselves as a Public Health service. We have the certified staff and the machine to run the tests. This $3,000 from Cattaraugus County helps offset the costs of the certification and the machine that we’re required to have anyway. Cattaraugus County contracts with Allegany County for the eastern part of their county, and with Chautauqua County for the western part.

RESOLUTION NO. 28-12

RESOLUTION APPROVING THE INTER-MUNICIPAL MUTUAL AID AGREEMENT

BETWEEN THE COUNTY OF ALLEGANY AND

THE ALLEGANY COUNTY TOWN HIGHWAY SUPERINTENDENTS ASSOCIATION

Offered by: Public Works Committee

RESOLVED:

1. That the Inter-Municipal Mutual Aid Agreement between the County of Allegany and the Allegany County Town Highway Superintendents Association for period January 1, 2012, to December 31, 2012, is approved.

Moved by: Mr. Fanton Adopted: Roll Call

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

Voting No: Ungermann

(Memo: The Mutual Aid Agreement approved by Resolution No. 28-12 allows any participating municipality within the County to assist another municipality with highway projects, maintenance and emergency road work, or any similar function, and it allows the proper authorities to expedite the work flow as quickly as possible.)

Comments made regarding Resolution No. 28-12 included the following: Legislator Ungermann noted that he’s in favor of the County and towns helping each other, but there’s no schedule of payments or value for these in-kind services, so he wouldn’t support the resolution.

AUDITS:

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

A motion was made by Legislator Hopkins, seconded by Legislator Graves and adopted on a roll call vote of 13 Ayes, 1 No, 1 Absent, that the audit of claims, totaling $2,509,292.09, 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 $562,686.)

NEW STANDING COMMITTEE ASSIGNMENTS:

Chairman Crandall distributed copies of his assignments to the STANDING AND SPECIAL COMMITTEES OF THE BOARD OF LEGISLATORS FOR 2012, revised due to the Committee changes adopted by Resolution No. 15-12. Assignments are as follows; Chairmen and Vice Chairmen are listed first:

FACILITIES AND COMMUNICATIONS:

Pullen, Healy, Benson, Fanton, Graves, McGraw, Sinclair

HUMAN SERVICES:

Burdick, LaForge, Cady, Curran, Graves, Sinclair

PERSONNEL:

O’Grady, Burdick, Benson, Cady, Fanton, Graves, Pullen

Special – Negotiations Ad Hoc Committee: (Sub-Committee of Personnel)

Pullen, O’Grady

PLANNING AND ECONOMIC DEVELOPMENT:

Sinclair, Pullen, Curran, Graves, Healy, Hopkins, LaForge

PUBLIC SAFETY:

Healy, Benson, Burdick, Hopkins, McGraw, Ungermann

PUBLIC WORKS:

Fanton, O’Grady, Curran, Healy, Hopkins, McGraw, Ungermann

WAYS & MEANS:

Hopkins, Fanton, Burdick, Healy, LaForge, O’Grady, Pullen, Sinclair

Special – Budget Committee: (Sub-Committee of Ways & Means)

Hopkins, Fanton, Cady, Curran, LaForge, O’Grady

Special – Energy & Resources Ad Hoc Committee:

(Sub-Committee of Ways & Means)

LaForge, Benson, Healy, Sinclair, Marvin Covert, Guy James

Legislator Pullen, as Chairman of the new Facilities and Communications Committee, requested the meeting date and time remain the same as it was for the Court Facilities and County Space Needs Committee (first Wednesday of the month at 3 p.m.), at least for the first month. Then a decision can be made based on what works best for those on the committee. (Meeting for February will be Thursday, instead of Wednesday, to allow for attendance at the NYSAC Conference.)

ADJOURNMENT: The meeting was adjourned at 3:42 p.m. following a motion made by Legislator Graves, seconded by Legislator Curran and carried.