regular session allegany county legislative meeting …aug 24, 2020 · belmont, new york 14813...

Board of Legislators County Office Building, Room 201 7 Court Street Belmont, New York 14813 Phone: 585-268-9222

2020 REGULAR SESSION

Allegany County Legislative Meeting Monday, August 24, 2020 – 2:00 p.m.

Legislative Chambers – Belmont, New York

NOTICE IS HEREBY GIVEN, that in accordance with the Board Rules of the Allegany County Board of Legislators, the second regular scheduled monthly meeting of the Board will be held on Monday, August 24, 2020, at 2:00 p.m. in the Legislative Chambers, County Office Building, 7 Court Street, Belmont, New York 14813.

PROPOSED RESOLUTIONS

BOARD MEETING - August 24, 2020

INTRO. NO. TITLE PAGE NO. 179 – 20 REAPPOINTMENT OF ONE MEMBER TO THE COUNTY BOARD OF

HEALTH…………………………………………………………………………

……. 1

180 – 20 TRANSFER OF FUNDS WITHIN HEALTH DEPARTMENT ACCOUNTS..

…….. 2

181 – 20 TRANSFER OF FUNDS WITHIN PROBATION DEPARTMENT ACCOUNTS……………………………………………………………………..

…….. 4

182 – 20

2020 BUDGET ADJUSTMENT WITHIN DISTRICT ATTORNEY’S OFFICE ACCOUNTS…………………………………………………………...

…….. 6

183 – 20 ACCEPTANCE AND APPROPRIATION OF A DONATION FROM ALLEGANY COUNTY AREA FOUNDATION FOR THE OFFICE FOR THE AGING……………………………………………………………………...

……. 8

184 – 20 ACCEPTANCE AND APPROPRIATION OF ADDITIONAL FEDERAL AID FOR 2020 FOR THE DEPARTMENT OF SOCIAL SERVICES – CARES ACT EMERGENCY SOLUTIONS GRANT ALLOCATION……….

……. 10

185 – 20 ACCEPTANCE AND APPROPRIATION OF EPIDEMIOLOGY & LABORATORY CAPACITY (ELC) COVID-19 FEDERAL FUNDS FOR THE DEPARTMENT OF HEALTH…………………………………………….

……. 12

186 – 20 APPROVAL OF BI INCORPORATED MONITORING SERVICE AGREEMENT; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT…………………………………………………………….

……. 14

Board Meeting Notice & Proposed Resolutions August 24, 2020

of 3

187 – 20 RESOLUTION AUTHORIZING EXTENSION OF AGREEMENT WITH INDEPENDENT HEALTH TO SERVE AS THE THIRD PARTY ADMINISTRATOR FOR ALLEGANY COUNTY MEDICAL/ HOSPITALIZATION BENEFITS……………………………………………….

……. 16

188 – 20 APPROVAL OF RENEWAL OF LEASE BETWEEN E & L HOLDINGS, LLC AND THE COUNTY OF ALLEGANY FOR PREMISES AT 112 PARK AVENUE, WELLSVILLE, NEW YORK………………………………..

……. 18

189 – 20 APPROVAL OF RENEWAL OF SUBLEASE BETWEEN THE COUNTY OF ALLEGANY AND THE CATTARAUGUS COMMUNITY ACTION PROGRAM (CCAP) FOR OFFICE SPACE LOCATED IN THE ALLEGANY COUNTY DEPARTMENT OF HEALTH WOMEN, INFANTS AND CHILDREN’S (WIC) OFFICE, 112 PARK AVENUE, WELLSVILLE, NEW YORK…………………………………………………………………….

……. 20

190 – 20 APPROVAL OF RENEWAL OF MULTIPLE AGREEMENTS WITH FACILITIES FOR WIC CLINIC SITES FOR THE DEPARTMENT OF HEALTH………………………………………………………………………..

……. 21

191 – 20 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND HILLSIDE CHILDREN’S CENTER (ONE FAMILY); AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT

……. 23

192 – 20 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND CATTARAUGUS REHABILITATION CENTER, INC., FOR WEEKLY CLEANING SERVICES FOR THE CHILD ADVOCACY CENTER; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT……………………………………………………………………

……. 25

193 – 20 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND CATTARAUGUS COUNTY SHERIFF’S OFFICE FOR LAW ENFORCEMENT COORDINATION SERVICES FOR THE CHILD ADVOCACY CENTER; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT……………………………………………….

……. 27

194 – 20 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND GEORGE MACOMBER TO PROVIDE CONSULTANT SERVICES FOR THE CHILD ADVOCACY CENTER; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT………………….

……. 29

195 – 20 APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND SUZAN NEU TO PROVIDE CONSULTANT SERVICES FOR THE CHILD ADVOCACY CENTER; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT………………….

……. 31

Board Meeting Notice & Proposed Resolutions

August 24, 2020 of 3

196 – 20 APPROVAL OF AGREEMENT BETWEEN THE ALLEGANY COUNTY

DEPARTMENT OF SOCIAL SERVICES AND THE ALLEGANY COUNTY EMPLOYMENT & TRAINING CENTER FOR THE SUMMER YOUTH EMPLOYMENT PROGRAM…………………………………………

……. 33

197 – 20 AUTHORIZING THE APPROVAL OF DOCUMENTS TO FURTHER COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT FOR THE COUNTY OF ALLEGANY………………………………………………..

……. 35

198 – 20 AUTHORIZING THE APPROVAL OF A FAIR HOUSING PLAN IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING; APPOINTING A FAIR HOUSING OFFICER……………………

……. 38

199 – 20 AUTHORIZING THE APPROVAL OF A SECTION 3 PARTICIPATION PLAN IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING………………………………………………………………

……. 41

200 – 20 APPROVAL OF A TWENTY-FIVE YEAR LEASE FOR LAND IN THE TOWN OF ALFRED ON WHICH AN E-911 RADIO TOWER IS CONSTRUCTED………………………………………………………………..

……. 51

201 – 20 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF FIFTEEN MILLION DOLLARS FOR FUNDING THROUGH THE FISCAL YEAR 2020 PUBLIC WORKS AND ECONOMIC ADJUSTMENT ASSISTANCE PROGRAM INCLUDING FUNDING FROM THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT…………………………………………………………………

……. 53

Intro. No. 179-20 RESOLUTION NO. Page 1 of 1 pages

REAPPOINTMENT OF ONE MEMBER TO THE COUNTY BOARD OF HEALTH

Offered by: Human Services Committee

Pursuant to Public Health Law §§ 343 and 344

RESOLVED:

1. That Mohamad-Zahi Kassas of Wellsville, New York, is reappointed to the County Board of Health for a six-year term beginning July 8, 2020, and expiring July 7, 2026.

I, Brenda Rigby Riehle, Clerk of the Board of Legislators of the County of Allegany, State of New York, do hereby certify that the foregoing constitutes a correct copy of the original on file in my office and the whole thereof of a resolution passed by said

Board on the ________ day of ________________________ 20______.

____________________________________________ Dated at Belmont, New York, this _____ day of ____________ 20_____ Clerk, Board of Legislators, Allegany County

Moved by _____________________ Seconded by _____________________ VOTE: Ayes_____Noes_____Absent_____Voice_____

1


TRANSFER OF FUNDS WITHIN HEALTH DEPARTMENT ACCOUNTS

Offered by: Human Services and Ways & Means Committees

RESOLVED: 1. That the transfer of $9,225 within Health Department accounts to fund annual contract maintenance fees, dues, outreach, and rent expense within the WIC Program is approved as follows:

From: Amount: A4010.101 County Health – Regular Pay $3,800 A4190.405 WIC – Conference Expense 4,000 A4190.408 WIC – General Supplies 1,425

Total: $9,225 To: A4190.403 WIC – Maintenance Contract Office Machinery $1,375 A4190.409 WIC – Fees 350 A4190.414 WIC – Rentals: Real Property 600 A4190.424 WIC – Legal Advertising 6,900

Total: $9,225





2

M E M O R A N D U M O F E X P L A N A T I O N Introduction No: __________________ (clerk’s use only) COMMITTEE: Human Services DATE: 08/05/20 From: To: Amount: A4010.101 Regular Pay $3,800.00 A4190.405 Conference Expense 4,000.00 A4190.408 General Supplies 1,425.00 Total $9,225.00

A4190.403 Maint Contract Office Machinery $1,375.00 A4190.409 Fees 350.00 A4190.414 Rentals: Real Property 600.00 A4190.424 Legal Advertising 6,900.00 Total $9,225.00 The Health Department is requesting to transfer monies from the Health Department’s Regular Pay account and the WIC conference and WIC general supplies expense accounts to fund annual contract maintenance fees, dues, outreach, and rent expense. As background the WIC program received a 2-year extension of the 5 year grant that ends September 30, 2020 however no additional funds were included to cover the cost of living increases. That being the case the NYSWIC Central and Regional offices have recommended that those agencies with available funds in the FFY 2020 grants (October 1, 2019 – September 30, 2020) use those funds to pay certain expenses that would be due after October 1, 2020. Allegany County does have availability in the FFY 2020 grant budget which is the result of grant funded positions that were furloughed, conferences which were cancelled, and fewer general supply purchases being made due to the WIC office being closed during the COVID-19 pandemic. FISCAL IMPACT: Applying the above expenses to the 2019-20 grant budget WIC additional flexibility will be realized in the October 1 2020-September 2021 grant budget. For further information regarding this matter, contact: David Rahr, Accountant-Department of Health (585)268-9261

3


TRANSFER OF FUNDS WITHIN PROBATION DEPARTMENT ACCOUNTS

Offered by: Public Safety and Ways & Means Committees

RESOLVED: 1. That the sum of $4,000 shall be transferred from Account No. A3140.403 (Probation – Maintenance Contracts) to Account No. A3140.208 (Probation – Police Equipment) to cover the purchase of up to five body armor vests for the Probation Department.





4

MEMORANDUM OF EXPLANATION

Intro. No. _____________________ (Clerk’s Use Only) COMMITTEE: Public Safety The Allegany County Probation Department needs to purchase up to five (5) Body armor vests for our Officers. Three officers need to be fitted for their own vests and the other two vests will replace existing vests that are more than ten years old. The quote for the cost of a vest is $915.60 each. I am requesting that $4,000.00 be transferred from Appropriation Account No. A3140.403 (Maintenance Contracts) into Appropriation Account No. A3140.208 (Police Equipment) to cover the costs. FISCAL IMPACT: The funds have already been budgeted. For further information regarding this matter contact:

Robert P. Starks, Director of Probation Telephone Number (585)593-6506 (home)

5


2020 BUDGET ADJUSTMENT WITHIN DISTRICT ATTORNEY’S OFFICE ACCOUNTS

Offered by: Public Safety and Ways & Means Committees

RESOLVED: 1. That an adjustment to the 2020 Budget for the District Attorney’s Office in the amount of $5,100 to cover unexpected expenses is approved as follows: Expense Adjustment: Amount: A1165.407 District Attorney – Office Supplies $ (750) A1165.201 District Attorney – Office Equipment 5,600 A1165.411 District Attorney – Repairs/Personal Prop. 250

Total: $5,100 Revenue Adjustment: A1165.2610.00 District Attorney – Fines & Forfeitures $5,100





6

M E M O R A N D U M O F E X P L A N A T I O N Introduction No: __________________ (clerk’s use only) COMMITTEE: Public Safety DATE: August 5, 2020 I am requesting a resolution for the following budget adjustment for the 2020 budget to cover unexpected expenses that were not budgeted for. (5 Surface Pros and Printer purchased and a misc adjustment to Repairs) Budget Adjustment should be as follows: District Attorney A 1165 Account Description Amount: Expense Adj: Office Supplies A 1165.407 $ (750) Office Equipment A 1165.201 $ 5,600 Repairs/Personal Prop A 1165.411 $ 250 $ 5,100 Revenue Adj: Fines & Forfeitures A 1165.2610.00 $ 5,100 FISCAL IMPACT: $ 5,100 in additional funds from diversion program – no local share For further information regarding this matter please contact: Keith Slep, DA (585) 268-9226

7


ACCEPTANCE AND APPROPRIATION OF A DONATION FROM ALLEGANY COUNTY AREA FOUNDATION FOR THE OFFICE FOR THE AGING


RESOLVED: 1. That the sum of $4,000 from the Allegany County Area Foundation, to help support the increased volume and cost for Home Delivered Meals due to COVID-19 for the Office for the Aging, is accepted. 2. That the accepted sum of $4,000 is placed in Account No. A2022.474 COVID 19 OFA – Contracts) with a like sum credited to Revenue Account No. A2022.2705.COVID (COVID 19 OFA – Gifts and Donations).





8


Intro. No.____________

(Clerk’s use only)

COMMITTEE: Human Services DATE: August 5, 2020

The Allegany County Office for the Aging requests a resolution to accept a

donation of $4,000.00 from the Allegany County Area Foundation. The

donation will help support increased volume and cost for Home Delivered

Meals due to COVID-19.

Please appropriate as follows:

Increase Expenditure Account #

A2022.474 Contracts $4,000.00

Increase Revenue Account #

A-2022.2705.COVID – Gifts and Donations $4,000.00

FISCAL IMPACT: Increase funding for meals due to COVID

For further information regarding this matter, contact:

Anita Mattison, Director Office for the Aging (585) 268-9390

Name and Department Telephone

9


ACCEPTANCE AND APPROPRIATION OF ADDITIONAL FEDERAL AID FOR 2020 FOR THE DEPARTMENT OF SOCIAL SERVICES – CARES ACT

EMERGENCY SOLUTIONS GRANT ALLOCATION

Offered by: Human Services and Ways & Means Committees RESOLVED: 1. That the sum of $196,279 in CARES Act Emergency Solutions Grant (ESG CV) Allocation funds, is accepted. 2. That the total sum of $196,279 shall be placed in the follow accounts:

A2024.481 COVID-19 – DSS Cares ACT ESG CV – Contractual $178,779 A2024.482 COVID-19 – DSS Cares ACT ESG CV – Contractual 17,500 Total: $196,279

with a like sum credited to Revenue Account No. A2024.4610.DSSCV (Covid-19 – DSS Federal Aid – DSS CARES Act ESG CV).





10


Intro No. ________________ (Clerk’s Use Only) COMMITTEE: Human Services Date: 8/5/2020 RE: Requesting a resolution to accept and appropriate additional Federal Aid for 2020 for the Department of Social Services – CARES Act Emergency Solutions Grant (ESG CV) Allocation. These budget adjustment changes are requested based on a recently received allocation award letter. Revenue A 2024.4610.DSSCV COVID 19 – DSS Fed Aid – DSS CARES Act ESG CV $196,279 Expense

A 2024.481 COVID 19 – DSS Cares Act ESG CV - Contractual $178,779 A 2024.482 COVID 19 – DSS Cares Act ESG CV - Contractual $ 17,500

FISCAL IMPACT: additional $196,279 in federal aid to support DSS- Emergency Solutions $0 local share Edna B. Kayes, Commissioner 268-9365 Allegany County Department of Social Services

11


ACCEPTANCE AND APPROPRIATION OF EPIDEMIOLOGY & LABORATORY CAPACITY (ELC) COVID-19 FEDERAL FUNDS FOR THE DEPARTMENT OF HEALTH


RESOLVED: 1. That the sum of $251,934 in Epidemiology & Laboratory Capacity (ELC) COVID-19 federal funds for the Department of Health is accepted. 2. That the sum of $251,934 shall be placed in an Appropriation Account to be determined by the County Treasurer with a like sum credited to a Revenue Account to be determined by the County Treasurer.





12

M E M O R A N D U M O F E X P L A N A T I O N For Acceptance and Budgeting of GRANTS

INTRODUCTION NO: ___________________ (Clerk’s use only) Committee of Jurisdiction: _Human Services ______ Date: _August 5, 2020 __________________ Explanation of Grant: Funding is being provided to Local Health Departments (LHD) for increased capacity to conduct case and contact

investigations. The majority of this funding is expected to support new personnel to strengthen case investigations.

Additional staff for coordination of contact investigation and reporting are eligible under this award. Some funding

may be allocated to travel, computers and other miscellaneous expenses in support of the new staff activities.

Please note that the Epidemiology & Laboratory Capacity (ELC) COVID-19 funds are intended to increase public

health staffing capacity and cannot supplant existing commitments. Should existing County-funded staff be moved

to these funds, their existing position must be backfilled by the County. These funds should result in a net increase of

total County public health staff.

Appropriations ($251,934.00)

Accounts and Program Number Are To Be Determined

Revenues ($ 251,934.00)

Accounts and Program Number Are To Be Determined FISCAL IMPACT: Total grant: $251,934.00

Local county share: $ 0.00

State Grant? _______ Revenue # ____________________ $ ___________________ Federal Grant? __X___ Revenue # _To Be Determined_______ $ _$251,934.00________ If Federal, please list Federal Catalog of Federal Domestic Assistance

(CFDA) number _93__- 323____ This grant is a _____ renewal of existing grant funded program or __X__ new grant fund program. Grant Fiscal Year: 7/1/2020 through 6/30/2022

Obligation of County after grant expires: None Major benefits of accepting this grant are: Support additional (new) staffing as well as fund associated equipment and other costs associated with:

Conducting COVID-19 rapid and complete case investigations

Coordinating contact tracing activities with State contact tracers

Ensuring daily monitoring of cases and contacts and any social support needs are being met for effective isolation/quarantine.

Department Head Signature: ______________________________________________________

13


APPROVAL OF BI INCORPORATED MONITORING SERVICE AGREEMENT; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT

Offered by: Public Safety Committee

RESOLVED: 1. That the Electronic Monitoring Service Agreement between the County of Allegany and BI Incorporated for the period August 24, 2020, to August 23, 2021, is approved. 2. That the Chairman of this Board is authorized to execute said agreement.





14


Intro. No. _____________________ (Clerk’s Use Only) COMMITTEE: Public Safety The Allegany County Probation Department is asking that a new Electronic Monitoring Service Agreement be approved between our Department and BI INCORPORATED. This new agreement is not appreciably different from the existing agreement. It will provide the Probation Department with the feature of an option of holding BI SmartLINK video conferences with defendants/principals on Electronic Monitoring if needed. The cost of each video conference is $.35. It is estimated the additional costs from this feature will be no more than $200.00 per year. During this pandemic time our ability to have office face-to-face contact with defendants/principals is limited so this feature can be used when there is a need. A copy of the Service agreement is attached. If approved, the Agreement goes into effect upon its being signed by both parties. Please grant Chairman Crandall the ability to sign the agreement on behalf of the Probation Department. FISCAL IMPACT: The funds have already been budgeted in Appropriation Account No. A3140.413 (Rentals/Leasing) For further information regarding this matter contact:

Robert P. Starks, Director of Probation Telephone Number (585)268-9375

15


RESOLUTION AUTHORIZING EXTENSION OF AGREEMENT WITH INDEPENDENT HEALTH TO SERVE AS THE THIRD PARTY ADMINISTRATOR FOR ALLEGANY

COUNTY MEDICAL/HOSPITALIZATION BENEFITS

Offered by: Personnel Committee RESOLVED: 1. That the three-year extension of the Agreement with Independent Health to serve as the Third Party Administrator for Allegany County medical/hospitalization benefits, is approved.





16

MEMORANDUM OF EXPLANATION Intro. No. (Clerk’s Use Only) COMMITTEE: Personnel DATE: July 20, 2020 The Personnel Officer would like authorization to extend our contract with Independent Health for three years. Independent Health has served as our Third Party Administrator for our self-funded health insurance plan for the last three years. The proposal is attached for your review. For further information regarding this matter, contact H. Robert Budinger, HR & Civil Service Ext. 9214 Name and Department Telephone Number

17


APPROVAL OF RENEWAL OF LEASE BETWEEN E & L HOLDINGS, LLC AND THE COUNTY OF ALLEGANY FOR PREMISES AT

112 PARK AVENUE, WELLSVILLE, NEW YORK

Offered by: Human Services Committee RESOLVED: 1. That the renewal of the lease between E & L Holdings, LLC and the County of Allegany for the term October 1, 2020, through September 30, 2022, for premises located at 112 Park Avenue, Wellsville, New York, with a monthly rental rate of $2,450 for use by the Allegany County Department of Health WIC Program, is approved. 2. That the Chairman of this Board is authorized to execute said Lease.





18

M E M O R A N D U M O F E X P L A N A T I O N Introduction No: __________________ (clerk’s use only) COMMITTEE: Human Services DATE: July 20, 2020 The Health Department requests approval of: The renewal of the WIC Program’s lease with E & L Holdings, LLC for the Building located at 112 Park Avenue Wellsville, NY 14895 which houses the Main office of the WIC Program and the sublease agreement with Cattaraugus Community Action for office space at 112 Park Avenue Wellsville, NY 14895. The 5 Year WIC Grant was set to expire September 30, 2020. However, New York State Department of Health (NYSDOH) and the United States Department of Agriculture (USDA) granted a two-year contract extension effective October 1, 2020 through September 30, 2022.The landlord has requested a $200 per month rent increase (less than 9%), from $2250 to $2450 per month. The $350 per month received for subleasing space to Cattaraugus Community Action will cover this increase. I will be happy to answer any questions you have regarding this lease arrangement. Feel free to call me at x9247 or send me an e-mail. Thank you for your consideration of my request. Respectfully submitted, Tyler Shaw, MS Deputy Public Health Director FISCAL IMPACT: Covered by the WIC Grant, Cost Center 4190 4.14 Rentals: Real Property For further information regarding this matter, contact: David Rahr, Department of Health Accountant x9261 Tyler Shaw, Deputy Public Health Director x9247

19


APPROVAL OF RENEWAL OF SUBLEASE BETWEEN THE COUNTY OF ALLEGANY AND THE CATTARAUGUS COMMUNITY ACTION PROGRAM (CCAP) FOR OFFICE

SPACE LOCATED IN THE ALLEGANY COUNTY DEPARTMENT OF HEALTH WOMEN, INFANTS AND CHILDREN’S (WIC) OFFICE, 112 PARK AVENUE,

WELLSVILLE, NEW YORK

Offered by: Human Services Committee RESOLVED: 1. That the renewal of the Sublease between the County of Allegany and the Cattaraugus Community Action Program (CCAP) for office space located in the Allegany County Department of Health Women, Infants, and Children’s (WIC) office, 112 Park Avenue, Wellsville, New York for the term October 1, 2020, through September 30, 2022, with a monthly rental rate of $350, is approved. 2. That the Chairman of this Board is authorized to execute said Sublease.





20


APPROVAL OF RENEWAL OF MULTIPLE AGREEMENTS WITH FACILITIES FOR WIC CLINIC SITES FOR THE DEPARTMENT OF HEALTH


RESOLVED: 1. That the renewal of annual Agreements for the use of facilities to provide monthly WIC clinics for a term commencing October 1, 2020, through September 30 2021, are approved with the following entities: - Alfred Station Seventh Day Baptist Church - United Methodist Church (Angelica) - United Methodist Church (Belfast) - Bolivar Fire Department - Canaseraga Fire Hall - First Baptist Church (Cuba) - Fillmore Wesleyan Church - Friendship United Methodist Church 2. That the Chairman of this Board is authorized to execute said Agreements.





21

M E M O R A N D U M O F E X P L A N A T I O N Introduction No: __________________ (clerk’s use only) COMMITTEE: Human Services DATE: August 5, 2020 The Health Department requests approval of: The renewal of the WIC Programs annual contracts with the facilities that allow the WIC Program to hold monthly WIC clinics at eight different sites within Allegany County. It is extremely important that WIC clinics are held at sites other than the Wellsville main site, in order to reach the families with transportation issues. The changes to the contracts for the Federal Fiscal Year 2021 (Oct 1, 2020-Sept. 30, 2021) are in red. These changes include a statement regarding putting the clinics on hold during the COVID-19 pandemic (all WIC appointments are being conducted via telephone through September 30, 2020 with an option to extend on a monthly basis per NYSWIC). For those sites that charge A statement has been added so that WIC is not paying on a monthly basis but only paying to use the site when we have a clinic there. The last paragraph in red includes a paragraph required by New York State as a requirement for the Americans with Disabilities Act. I will be happy to answer any questions you have regarding this position. Feel free to call me at x9247 or send me an e-mail. Thank you for your consideration of my request. Respectfully submitted, Lori Ballengee, MS Public Health Director FISCAL IMPACT: Covered by the WIC Grant, Cost Center 4190 4.14 Rentals: Real Property Budgeted: $28,620 For further information regarding this matter, contact: David Rahr, Department of Health Accountant x9261 Lori Ballengee, Public Health Director x9247

22


APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND HILLSIDE CHILDREN’S CENTER (ONE FAMILY); AUTHORIZING BOARD CHAIRMAN TO

EXECUTE SAID AGREEMENT


RESOLVED: 1. That the Agreement between the County of Allegany and Hillside Children’s Center (One Family) commencing January 1, 2020, to December 31, 2020, is approved.

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





23


Intro No. ________________

(Clerk’s Use Only)

COMMITTEE: Human Services Date: 8/5/2020

RE: The Hillside Children’s Center (One Family) contract for January 1, 2020 – December 31, 2020 was

initially approved at the Human Services Committee meeting on December 4, 2019. It was on hold while we

awaited additional program information. The contract is now ready to move forward and will be pre-filed for the

August 24, 2020 Board meeting, therefore we are seeking consent to move forward with sending this contract to

the full board for resolution.

FISCAL IMPACT: $160,915

Edna B. Kayes, Commissioner 268-9365

Allegany County Department of Social Services

24


APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND CATTARAUGUS REHABILITATION CENTER, INC., FOR WEEKLY CLEANING

SERVICES FOR THE CHILD ADVOCACY CENTER; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT


RESOLVED:

1. That the Agreement between the County of Allegany and Cattaraugus Rehabilitation Center, Inc., for weekly cleaning services for the Child Advocacy Center commencing May 1, 2020, on a month-to-month basis expiring no later than December 31, 2021, is approved. 2. That the County agrees to pay the Cattaraugus Rehabilitation Center, Inc. $179.62 per week for said services.






25


Intro No. ________________



RE: Requesting a resolution to allow Social Services to contract with Cattaraugus Rehabilitation Center, Inc.

338 North 15th Street, Olean, NY 14760 for weekly cleaning services for the Child Advocacy Center effective

June 1, 2020 on a month to month basis (with a 10 day termination notice).

FISCAL IMPACT: $179.62 per week which includes all cleaning supplies

$179.62 per week reimbursement (OVS & OCFS CAC grant)

$0 increase to local share



26


APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND CATTARAUGUS COUNTY SHERIFF’S OFFICE FOR LAW ENFORCEMENT

COORDINATION SERVICES FOR THE CHILD ADVOCACY CENTER; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT


RESOLVED:

1. That the Agreement between the County of Allegany and Cattaraugus County Sheriff’s Office for law enforcement coordination for the Child Advocacy Center commencing May 1, 2020, on a month-to-month basis expiring no later than December 31, 2021, is approved. 2. The County agrees to pay the Cattaraugus County Sheriff’s Office $30,000 annually.






27


Intro No. ________________



RE: Requesting a resolution to allow Social Services to execute a contract effective May 1, 2020 – Dec. 31,

2020 with the Cattaraugus County Sheriff’s Office, 301 Court Street, Little Valley, NY 14755 to provide Law

Enforcement Coordination services between CCSO and DSS/CAC. These services shall include all but is not

limited to:

Act as a liaison between law enforcement agencies in Cattaraugus & Allegany Counties, MDT members

and STCAC personnel.

Provide advice when needed to follow up with families.

Attend all Case Reviews in both Cattaraugus and Allegany Counties.

Participate during community outreach programs.

Increase the availability of a Forensic Interviewer for victims.

Obtain case updates from law enforcement agencies and probation for Case Review.

Improve law enforcement response to cases

Educate members of law enforcement about “less is more” and “first responder trainings.”

Track and ensure that law enforcement cases are being followed up in a timely manner.

Provide Forensic Interviews for several smaller agencies or staff that are not trained in forensic

interviewing for both Cattaraugus and Allegany Counties.

Provide safety and security to the STCAC building and grounds.

FISCAL IMPACT: $30,000 per year

$30,000 per year reimbursement (OVS & OCFS CAC grant)

$ 0 increase to local share



28


APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND GEORGE MACOMBER TO PROVIDE CONSULTANT SERVICES FOR THE CHILD ADVOCACY

CENTER; AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT


RESOLVED:

1. That the Agreement between the County of Allegany and George Macomber to provide consultant services for the Child Advocacy Center commencing May 1, 2020, on a month-to-month basis expiring no later than December 31, 2021, is approved. 2. That the County agrees to pay George Macomber $100 per hour for consultant services.






29


Intro No. ________________



RE: Requesting a resolution to allow Social Services to execute a contract effective May 1, 2020 on a month

to month basis (with a 10 day termination notice) with George Macomber, 20 Gibson Street, Dansville, NY

14437 to provide consultant services to the County, with respect to create/maintain the financial system for the

CAC. This includes all but it not limited to:

State financial reporting requirements

Expenditure tracking

Budgeting creation

Recruitment & training of financial staff

Development of financial systems

Other duties as assigned by the Commissioner

FISCAL IMPACT: $100.00 per hour

$100.00 per hour reimbursement (OVS & OCFS CAC grant)




30


APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF ALLEGANY AND SUZAN NEU TO PROVIDE CONSULTANT SERVICES FOR THE CHILD ADVOCACY CENTER;

AUTHORIZING BOARD CHAIRMAN TO EXECUTE SAID AGREEMENT


RESOLVED: 1. That the Agreement between the County of Allegany and Suzan Neu to provide consultant services for the Child Advocacy Center commencing May 1, 2020, on a month-to-month basis expiring no later than December 31, 2021, is approved. 2. That the County agrees to pay Suzan Neu $100 per hour for consultant services.






31


Intro No. ________________



RE: Requesting a resolution to allow Social Services to execute a contract effective June 1, 2020 on a month

to month basis (with a ten day termination notice) with Suzan Neu, 145 Davis Road, Wayland, NY 14572 to

provide consultant services/per diem forensic interviewing for the CAC.

FISCAL IMPACT: $35. 00 per hour

$35.00 per hour reimbursement (OVS & OCFS CAC grant)




32


APPROVAL OF AGREEMENT BETWEEN THE ALLEGANY COUNTY DEPARTMENT OF SOCIAL SERVICES AND THE ALLEGANY COUNTY EMPLOYMENT & TRAINING

CENTER FOR THE SUMMER YOUTH EMPLOYMENT PROGRAM


RESOLVED:

1. That the Agreement between the Allegany County Department of SocialServices and the Allegany County Employment & Training Center commencing July 13, 2020, to September 30, 2020, is approved.






33


Intro No. ________________


COMMITTEE: Human Services Committee Date: 8/5/20

RE: Requesting a resolution to approve the 7/13/2020 – 9/30/2020 contract with Allegany County

Employment & Training Center for the Summer Youth Employment Program.

FISCAL IMPACT: $192, 212 allotted and reimbursed by the State

$0 increase to local share

Edna B. Kayes 268-9365


34


AUTHORIZING THE APPROVAL OF DOCUMENTS TO FURTHER COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT FOR THE COUNTY OF ALLEGANY

Offered by: Ways & Means Committee

RESOLVED:

1. That the Notice Under the Americans with Disabilities Act is hereby approved. 2. That the Grievance Procedure Under the Americans with Disabilities Act is

hereby approved. 3. That the County Administrator Carissa M. Knapp is hereby appointed as the

American with Disabilities Act (ADA) Coordinator for Allegany County.





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NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA),

Allegany County will not discriminate against qualified individuals with disabilities on the basis of

disability in its services, program, or activities.

Employment: Allegany County does not discriminate on the basis of disability in its hiring or

employment practices and complies with all regulations promulgated by the U.S. Equal Employment

Opportunity Commission under Title I of the ADA.

Effective Communication: Allegany County will generally, upon request, provide appropriate aids and

services leading to effective communication for qualified persons with disabilities so they can participate

equally in Allegany County programs, services, and activities, including qualified sign language

interpreters, documents in Braille, and other ways of making information and communications

accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: Allegany County will make all reasonable modifications to

policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its

programs, services, and activities. For example, individuals with service animals are welcomed in

Allegany County offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of

policies or procedures to participate in a program, service, or activity of Allegany County, should contact

the office of Carissa M. Knapp, the ADA coordinator and County Administrator, at 7 Court Street, Room

213, Belmont, New York 14813 at 585-268-9217 or email [email protected] as soon as possible

but no later than 48 hours before the scheduled event.

The ADA does not require Allegany County to take any action that would fundamentally alter the nature

of its programs or services, or impose an undue financial or administrative burden.

Complaints that a program, service, or activity of Allegany County is not accessible to persons with

disabilities should be directed to Carissa M. Knapp, the ADA coordinator and County Administrator, at 7

Court Street, Room 213, Belmont, New York 14813 at 585-268-9217 or email

[email protected].

Allegany County will not place a surcharge on a particular individual with a disability or any group of

individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable

modifications of policy, such as retrieving items from locations that are open to the public but are not

accessible to persons who use wheelchairs.

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mailto:[email protected]

mailto:[email protected]

GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act

of 1990 (ADA). It may be used by anyone who wishes to file a complaint alleging discrimination on the

basis of disability in the provision of services, activities, programs, or benefits by Allegany County.

Employment related complaints of disability discrimination are covered elsewhere, in policies available

from the human resources office of Allegany County.

The complaint should be in writing and contain information about the alleged discrimination such as

name, address, phone number of complainant and location, date and description of the problem. No

particular format of the complaint is required. Alternative means of filing complaints, such as personal

interviews or a tape recording of the complaint, will be made available for persons with disabilities upon

request.

The complaint should be submitted in writing by the grievant or her designee as soon as possible but no

later than 60 calendar days after the alleged violation to:

Carissa M. Knapp

ADA Coordinator and County Administrator

Allegany County

7 Court Street, Room 213, Belmont, NY 14813

Within 15 calendar days after receipt of the complaint, the ADA Coordinator or her designee will meet

with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of

the meeting, the ADA Coordinator or her designee will respond in writing, and where appropriate, in a

format accessible to the complainant, such as large print, Braille, or audio tape. The response will

explain the position of Allegany County and offer options for substantive resolution of the complaint.

If the response by the ADA Coordinator or her designee does not satisfactorily resolve the issue, the

complainant and or her designee may appeal the decision within 15 calendar days after receipt of the

response to the agency head or her designee.

Within 15 calendar days after receipt of the appeal, the agency head or her designee will respond in

writing, and, where appropriate, in a format accessible to the complainant, with the agency’s final

resolution of the complaint, or indicating that the matter has been returned to the ADA Coordinator for

further action. If further response is indicated, the complainant will be contacted within 15 calendar

days.

All written complaints received by the ADA Coordinator or her designee, appeals to the agency head or

her designee, and responses from these two offices will be retained by Allegany County for at least three

(3) years.

37


AUTHORIZING THE APPROVAL OF A FAIR HOUSING PLAN IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING;

APPOINTING A FAIR HOUSING OFFICER

Offered by: Ways & Means Committee WHEREAS, Allegany County is a recipient of grants from the Community Development Block Grant (CDBG) funded by the United States Department of Housing and Urban Development, and implemented in New York State by the New York State Office of Community Renewal (OCR), and WHEREAS, grant regulations require that recipients affirmatively further fair housing in their communities, and WHEREAS, the furtherance of fair housing is implemented by a Fair Housing Officer whose duties are specified in the Allegany County Fair Housing Plan, now therefore, be it RESOLVED:

1. That this Board does hereby affirm its commitment to affirmatively further fair housing in Allegany County.

2. That the Fair Housing Plan is hereby approved. 3. That the Chairman of the Board is authorized to sign the plan. 4. That the County Administrator, Carissa M. Knapp, is hereby appointed as the

Fair Housing Officer for Allegany County.





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FAIR HOUSING PLAN

COUNTY OF ALLEGANY

I. Introduction

The County of Allegany understands the importance of taking action to further fair housing

in the community and is committed to meeting its responsibilities in this respect as a

recipient of Federal Community Development Block Grant funds. To ensure that residents

are aware of fair housing provisions under Federal and State law and of the processes and

assistance available to obtain compliance with existing statutes, the City has developed this

Fair Housing Plan. The Plan describes the procedures developed to further fair housing in

the community.

II. Availability Of Information

The County’s Fair Housing Plan recognizes that public knowledge of fair housing

provisions is the first step in expanding equal opportunity. Toward that end, the County

has taken, or will take the following actions:

A. Appoint a Fair Housing Officer

The Allegany County Administrator will be designated the Fair Housing Officer

and appointed by the Board of Legislators. The County Administrator or his/her

designee has the following responsibilities:

1. Maintain Federal and State fair housing information in the Community

Development Department including brochures issued by the U. S. Department

of Housing and Urban Development (HUD) and the New York State Division

of Human Rights.

2. Record initial information regarding housing discrimination complaints on a

standard form.

3. Forward copies of all complaints to and, as appropriate, consult with the Fair

Housing/Equal Opportunity Division of the applicable HUD Office.

B. Provide Information

The County will make available, upon request, copies of applicable Federal and

State laws which contain anti-discrimination provisions, including: Title VI of the

Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Fair Housing

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Amendments Act of 1988 and the Human Rights Law (Executive Law, Article 15)

of the State of New York.

C. Promote Fair Housing Activities and Available Resources

The County will designate the month of April as Fair Housing Month and will

promote said designation through proclamation of the Board of Legislators.

The County will further promote fair housing and housing resources by posting Fair

Housing posters in visible locations within all Municipal buildings.

III. Discrimination Complaints

The County will provide information and assistance to individuals who feel that they have

been the victims of discrimination in regard to housing.

A. Discriminatory Housing Practices

For the purpose of this Plan, a discriminatory housing practice means an act that is

unlawful under sections 804, 805, 806 or 818 of the Fair Housing Act (Title VIII of

the Civil Rights Act of 1968, as amended). Such discriminatory housing practices

include discrimination in the sale or rental of housing, discrimination in the

provision of brokerage services, or interference, coercion, or intimidation, as

defined under the Act, on the basis of race, color, religion, national origin, sex,

handicap or familial status.

B. Receiving Complaints

The Fair Housing Officer will record information on a standard form to ensure that

a complete file is established. Following this, the Fair Housing Officer will then

contact the Department of HUD and/or the New York State Division of Human

Rights to review the particulars of the complaint and request guidance in the formal

filing of the complaint in cases where the individual decides to use this method.

Copies of all complaints will also be forwarded to the Fair Housing and Equal

Opportunity Division of the HUD Office in Buffalo, New York. If the complainant

decides to take his/her case directly to Federal Court, the County will consult with

the County Bar Association on the appropriate procedures to be followed and the

procedure for securing affordable legal services if the individual is of low-or

moderate-income.

40


AUTHORIZING THE APPROVAL OF A SECTION 3 PARTICIPATION PLAN IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING


WHEREAS, for all projects that would result in Community Development Block Grant (CDBG) assistance of excess of $200,000, the New York State Office of Community Renewal (OCR) requires that the municipality applying for the grant adopt a Section 3 Participation Plan, which describes how the municipality will, to the greatest extent possible, provide job training, employment, and contract opportunities for low, or very low, income residents in connection with housing rehabilitation, housing construction, or other public construction projects, in accordance with Section 3 of the Housing and Urban Development Act of 1968, and WHEREAS, not all grants will require the implementation of the County’s Section 3 Participation Plan as adopted, and WHEREAS, the County wishes to adopt the Section 3 Plan in order to meet OCR requirements for its present grants and all future grants, now therefore, be it RESOLVED:

1. That the Section 3 Participation Plan is hereby approved. 2. That the Chairman of the Board is authorized to sign the plan.





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Section 3 Participation Plan

COUNTY OF ALLEGANY

For Section 3 Covered Contracts

Background:

Section 3 of the Housing and Urban Development Act of 1968, as amended, ("Section 3")

requires that economic opportunities generated by certain U.S. Department of Housing and

Urban Development financial assistance for housing and community development programs be directed to low- and very low-income persons, particularly those who are recipients of

government assistance for housing, and business concerns which provide economic

opportunities to low- and very low income persons1.

Pursuant to Section 3 of the Housing and Urban Development Act of 1968, as amended and 24

CFR Part 135, the County of Allegany (the “County”) adopts this Section 3 Participation Plan

for Section 3 Covered Contracts. The policy will provide direction for implementing Section 3,

when required.

Policy Statement:

The County shall provide opportunities to low- and very low-income persons residing in the

State of New York (as defined in § 135.5 of 24 CFR Part 135) and to businesses meeting the

definition of "Section 3 Business Concern" (as defined by 24 CFR Part 135). Accordingly, the

County shall implement policies and procedures to ensure that Section 3, when required, is

followed and develop programs and procedures necessary to implement this policy covering

all procurement contracts where labor and/or professional services are provided. This policy

shall not apply to contractors who only furnish materials or supplies through Section 3 covered

assistance. It will apply to contractors who install materials or equipment. (See the definition

of “Section 3 Covered Contracts” below.) There is nothing in this policy that should be

construed to require the employment or contracting of a Section 3 resident or contractor who

does not meet the qualifications of the position to be filled or who cannot fulfill the contract

requirements.

Definitions:

The County incorporates into this policy the definitions contained in § 135.5 of 24 CFR Part

135.

1 124 CFR 135.1

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Defined Terms of Policy:

Section 3 – Section 3 is a provision of the Housing and Urban Development Act of 1968,

which recognizes that HUD funds are typically one of the largest sources of federal

funding expended in communities through the form of grants, loans, entitlement

allocations and other forms of financial assistance. Section 3 is intended to ensure that

when employment or contracting opportunities are generated because a covered project

or activity necessitates the employment of additional persons or the awarding of contracts

for work, preference must be given to low- and very low-income persons or business

concerns residing in the community where the project is located.

Section 3 Recipient – means any entity which receives Section 3 covered assistance,

directly from HUD or from another recipient and includes, but is not limited to, any State,

unit of local government, PHA, IHA, Indian tribe, or other public body, public or private

nonprofit organization, private agency or institution, mortgagor, developer, limited

dividend sponsor, builder, property manager, community housing development

organization, resident management corporation, resident council, or cooperative

association. Recipient also includes any successor, assignee or transferees of any such

entity, but does not include any ultimate beneficiary under the HUD program to which

Section 3 applies and does not include contractors.

Section 3 Resident – A section 3 resident is:

• a public housing resident; or

• a low- or very low-income person residing in the metropolitan area or non-

metropolitan county in which the Section 3 covered assistance is expended.

Section 3 Business Concern(s) – Section 3 Business Concerns are businesses that can

provide evidence that they meet one of the following:

• 51% or more owned by Section 3 residents; or

• At least 30% of its full time employees include persons that are currently Section 3

residents, or within three years of the date of first employment with the business

concern were Section 3 residents; or

• Provides evidence, as required, of a commitment to subcontract in excess of 25% of

the dollar award of all subcontracts to be awarded to business concerns that meet

the qualifications in the above two paragraphs.

Section 3 Covered Assistance– Public and Indian housing development, operating or

capital funds; or other housing assistance and community development assistance

expended for housing rehabilitation, housing construction or other public construction

projects, such as: CDBG, HOME, 202/811, Lead-Based Paint Abatement, etc.

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The following definition for Section 3 Covered Assistance comes from 24 CFR 135.5:

Public and Indian housing development assistance provided pursuant to section 5 of the

1937 Act;

1) Public and Indian housing operating assistance provided pursuant to

section 9 of the 1937 Act;

2) Public and Indian housing modernization assistance provided pursuant to section 14 of the 1937 Act;

3) Assistance provided under any HUD housing or community development

program that is expended for work arising in connection with:

i. Housing rehabilitation (including reduction and abatement of lead-

based paint hazards, but excluding routine maintenance, repair and

replacement);

ii. Housing construction; or

iii. Other public construction project which includes other buildings or

improvements, regardless of ownership.

Section 3 Covered Contract – means a contract or subcontract (including a professional

service contract) awarded by a recipient or contractor for work generated by the

expenditure of Section 3 Covered Assistance, or for work arising in connection with a

Section 3 Covered Project. “Section 3 Covered Contracts” do not include contracts

awarded under HUD procurement program, which are governed by the Federal

Acquisition Regulation System (see 48 CFR, Chapter 1). “Section 3 Covered Contracts”

do not include contracts for the purchase of supplies and materials. However, whenever a

contract for materials includes the installation of the materials, the contract constitutes a

Section 3 Covered Contract. For example, a contract for the purchase and installation of a

furnace would be a Section 3 Covered Contract because the contract is for work (i.e., the

installation of the furnace) and thus is covered by Section 3.

Section 3 Covered Project – A section 3 covered project involves the construction or

rehabilitation of housing (including reduction of lead-based paint hazards), or other

public construction such as street repair, sewage line repair or installation, updates to

building facades, or other public construction, etc.

Section 3 Covered Community Planning and Development Funding – Community

Development Block Grants (CDBG), Home Investment Partnership Assistance (HOME),

Emergency Shelter Grants (ESG), Neighborhood Stabilization Programs (NSP), and

certain grants awarded under HUD Notices of Funding Availability (NOFA). The

requirements for Section 3 only apply to the portion(s) of covered funding that were used

for project/activities involving housing construction, rehabilitation, demolition, or other

public construction.

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Section 3 Thresholds - The requirements of Section 3 are applicable to HUD’s direct “recipients” –for Section 3 covered project(s) for which the amount of the assistance is

more than $200,000. 2

Contractors and Subcontractors are also subject to Section 3’s requirements when

performing any type of activity on Section 3 covered activity for which the amount of

the assistance is in excess of $200,000 and the contract or subcontract exceeds

$100,000.3

If a recipient receives Section 3 covered housing construction or public infrastructure

or community development assistance in excess of $200,000, but no individual contract

exceeds $100,000, Section 3 requirements will only apply to the recipient.

Finally, it should be noted that there are no thresholds for Section 3 covered Public and

Indian Housing assistance.4 That is, all activities related to Public and Indian Housing assistance are covered by Section 3 regardless of the amount.

Responsibilities:

1. If the County receives community development or housing assistance covered by

Section 3, it has the responsibility to comply with Section 3 in its own operations.

This responsibility includes:

• Notifying Section 3 residents and businesses about job opportunities and

contracts generated by Section 3 covered assistance so that residents may

seek jobs and businesses may submit bids/proposals for available

contracts;

• Notifying potential contractors of the objectives of Section 3 and ways in

which each contractor can assist the sub-recipient to meet its goal;

• Facilitating the training and employment of Section 3 residents and the

award of contracts to Section 3 business concerns; and

• Documenting the action that the sub-recipient takes to comply with the

Section 3 requirements, the results of the actions, and impediments, if

any.

2 See 24 CFR 135.3 (a) (3) (ii). 3 24 CFR 135.3 at 135 (3) (ii) (B). 4 Id. at 135.3 (a) (3) (i).

45

2. The County has a responsibility to “ensure compliance” of their contractors

and subcontractors. This means that a sub-recipient must:

• Notify contractors of their responsibilities under Section 3 including, but

not limited to, incorporating the Section 3 Clause in contract documents.

• Refrain from entering into contracts with contractors that are in violation

of the regulations in 24 CFR Part 135.

• Respond to complaints made to the recipient by Section 3 residents or

business concerns that the sub-recipient, a contractor or subcontractor, is

not in compliance with 24 CFR Part 135.

• Cooperate with HUD in obtaining the compliance of contractors and

subcontractors when allegations are made that the sub-recipient’s

contractors and subcontractors are not in compliance with the regulation of

24 CFR Part 135.

Goals:

All contractors undertaking Section 3 covered projects and activities are expected to meet

the Section 3 requirements. To demonstrate compliance with the "greatest extent

feasible" requirement of Section 3, contractors must meet the goals set forth below for

providing training, employment and contracting opportunities to Section 3 residents and

Section 3 business concerns. To meet the goals, contractors must select Section 3

residents based on the following priorities pursuant to § 135.34, 24 CFR Part 135:

• First Priority - Residents of the development where the work is to be

performed.

• Second Priority - Other residents of the neighborhood where the work is to

be performed.

• Third Priority - Other residents of the neighborhood who are participants

in HUD-Youthbuild or others federal, state, and local job programs being

carried out in the city or county area.

• Fourth Priority - Other persons from the project metropolitan area who

meet the definition of Section 3 resident contained in § 135.5 of 24 CFR

Part 135.

Employment:

All contractors will seek low- or very low-income persons residing in the property

46

metropolitan area for 30% of all new hires. When applicable, the contractor must show

evidence of seeking project residents for 15% of the new hires.

Eligibility for employment or contracting - nothing in this policy shall be construed to

require the employment or contracting of a Section 3 resident or contractor who does not

meet the qualifications of the position to be filled or who cannot perform the contract.

Preference for Section 3 Business Concerns:

Preference shall be awarded to Section 3 Business Concerns according to the following

system:

1. Where the Section 3 Covered Contract is to be awarded based upon the lowest

price, the contract shall be awarded to the qualified Section 3 Business Concern

with the lowest responsive quotation, if it is reasonable and no more than 10

percent higher than the quotation of the lowest responsive quotation from any

qualified source. If no responsive quotation by a qualified Section 3 Business

Concern is within 10 percent of the lowest responsive quotation from any

qualified source, the award shall be made to the source with the lowest quotation.

2. Where the Section 3 Covered Contract is to be awarded based on factors other

than price, a request for quotations shall be issued by developing the particulars of

the solicitation, including a rating system for the assignment of points to evaluate

the merits of each quotation. The solicitation shall identify all factors to be

considered, including price or cost. The rating system shall provide for a range of

15 to 25 percent of the total number of available rating points to be set aside for

the provision of preference for Section 3 Business Concerns. The purchase order

shall be awarded to the responsible firm whose quotation is the most

advantageous, considering price and all other factors specified in the rating

system.

Competitive Bids: Procurement by Sealed Bids (Invitations for Bids)

Preference in the award of Section 3 Covered Contracts that are awarded under a sealed

bid process may be provided as follows:

1. Bids shall be solicited from all businesses (i.e. Section 3 Business Concerns and

non- Section 3 Business Concerns). An award shall be made to the qualified

Section 3 Business Concern with the highest priority ranking (as defined in 24

CFR Part 135) and with the lowest responsive bid if that bid:

A) is within the maximum total contract price established in the County’s budget

for the specific project for which bids are being taken; and

47

B) is not more than "X" higher than the total bid price of the lowest responsive

bid from any responsible bidder. "X" is determined as follows:

X = lesser of:

When the lowest responsive bid is less than $100,000 . . . . 10% of that bid or

$9,000

When the lowest responsive bid is:

At least $100,000, but less than $200,000 . . . . 9% of that bid or $16,000




At least $500,000, but less than $1 million …….5% of that bid or $40,000

At least $1 million, but less than $2 million. ……4% of that bid or $60,000



$7 million or more . . . . 1.5% of the lowest responsive bid, with no dollar limit.

2. If no responsive bid by a Section 3 Business Concern meets the requirements of

paragraph 1 of this section, the contract shall be awarded to a responsible bidder

with the lowest responsive bid.

3. In both paragraphs 1 and 2 above, a bidder, to be considered as responsible, must

demonstrate compliance with the "greatest extent feasible" requirement of

Section 3.

Compliance:

HUD holds HCR accountable for compliance with Section 3 requirements. In contracts

entered into with HCR, recipients agree to comply with Section 3. When a housing

partner is unable to meet Section 3 goals, HCR will place the burden of proving

compliance with Section 3 on the recipient.

The minimum numerical goal for employment 30 percent of the aggregate number of

new hires shall be Section 3 residents annually—i.e., 1 out of 3 new employees needed to

complete a Section 3 covered project/activity shall be a Section 3 resident.

The minimum goals for contracting are:

• Ten percent of the total dollar amount of all Section 3 covered contracts

for building trades work for maintenance, repair, modernization or

development of public or Indian housing or building trades work arising in

connection with housing rehabilitation, housing construction and other

public construction, shall be awarded to Section 3 businesses; and

48

• Three percent of the total dollar amount of all non-construction Section 3

covered contracts, shall be awarded to Section 3 businesses.

Safe harbor and compliance determinations: In the absence of evidence to the contrary

(i.e., evidence that efforts to the “greatest extent feasible” were not expended), if the

County or contractor meets the minimum numerical goals shown above, the recipient or

contractor is considered to have complied with Section 3 preference requirements.

The County will be expected to demonstrate why it was not feasible to meet the goals. At

a minimum, if recipients of Section 3 Assistance are unable to meet their Section 3

training, hiring, and contracting goals, they should sponsor or participate in upward

mobility programs, hire eligible residents in trainee positions with regard to training and

employment, or form Section 3 joint ventures with various local employment agencies.

Data Collection and Reporting:

The County will collect and submit required Section 3 data and complete Section 3

reporting requirements.

Certification:

I certify that to the best of my knowledge and belief all of the information on this form is

correct. I also understand that failure to report completely and accurately may result in

sanctions under my policy, including but not limited to voidance of the policy, and in

criminal or civil penalties.

Signed by Title

Date Attest

Reviewed by Approved by

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Comments:

50


APPROVAL OF A TWENTY-FIVE YEAR LEASE FOR LAND IN THE TOWN OF ALFRED ON WHICH AN E-911 RADIO TOWER IS CONSTRUCTED


WHEREAS, the Sheriff’s Office is in the process of upgrading its E-911 system as part of a major grant received for such purpose, and WHEREAS, in order to assure proper radio coverage throughout the County, a number of new radio towers were constructed, and WHEREAS, a site in the Town of Alfred was located which was suitable for the construction of one of these radio towers, and WHEREAS, Resolution 118-17 authorized the lease of land for this purpose from The State University of New York College of Technology at Alfred, and WHEREAS, subsequent to Resolution 118-17, the parties discovered that a portion of the property leased was owned by the Educational Foundation of Alfred, Inc. and that entity was mistakenly excluded from the lease agreement, and WHEREAS, the landowners have agreed to lease the property to the County, and WHEREAS, the County intends to lease this property for an initial period of twenty-five years with the right to renew for an additional twenty-five years, now therefore, be it RESOLVED:

1. A lease of land between the Educational Foundation of Alfred, Inc. and the County of Allegany being a portion of the property known as the Alfred State College Farm Complex, 1260 New York State Route 244, Alfred, New York 14802 (tax parcel ID 151.-1-27.1) for the sum of One Dollar ($1.00) is hereby approved.





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M E M O R A N D U M O F E X P L A N A T I O N

Introduction No: __________________ (clerk’s use only)

COMMITTEE: Ways & Means DATE: August 18, 2020

Requesting a Resolution to approve the lease of property from the Educational Foundation of Alfred, Inc. located in the Town of Alfred, New York, being a portion of the property known as the Alfred State College Farm Complex, 1260 New York State Route 244, Alfred, New York 14802 (tax parcel ID 151.-1-27.1) for a term of twenty five years and for the sum of One Dollar ($1).

Fiscal Impact: $1

For further information regarding this matter, contact:

Carissa Knapp, County Administrator 585-268-9217 52


AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF FIFTEEN MILLION DOLLARS FOR FUNDING THROUGH THE FISCAL YEAR 2020

PUBLIC WORKS AND ECONOMIC ADJUSTMENT ASSISTANCE PROGRAM INCLUDING FUNDING FROM THE CORONAVIRUS AID, RELIEF,

AND ECONOMIC SECURITY ACT


WHEREAS, the Fiscal Year 2020 Public Works and Economic Adjustment Assistance Program, including funding from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is administered by the Economic Development Administration (EDA) and includes funding for the construction of infrastructure and other economic development projects to prevent, prepare for, and respond to coronavirus or to respond to economic injury in Allegany County as a result of coronavirus, and

WHEREAS, the Program will fund projects related to the construction of broadband infrastructure, and

WHEREAS, Allegany County is interested in undertaking a project that will greatly expand the availability of broadband coverage in Allegany County to respond to coronavirus and the economic injury of coronavirus in Allegany County by furthering the ability of Allegany County citizens and businesses to access reliable and high-speed internet within the County, now therefore, be it

RESOLVED:

1. That Allegany County does hereby approve a grant application to the FiscalYear 2020 Public Works and Economic Adjustment Assistance Program, including funding from the (CARES Act) as administered by the (EDA) in the amount of $15,000,000 to expand the availability of broadband coverage in the County.

2. That the Chairman of the Allegany County Board of Legislators is authorizedto act on behalf of the County of Allegany to sign the grant application.





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regular session allegany county legislative meeting …aug 24, 2020 · belmont, new york 14813...

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